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HomeMy WebLinkAboutPackets - Council Packets (1561) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION OCTOBER 27, 1999 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 5:30 PM Pursuant to ARS 38-431.03(A)(3) Legal Advice relating to: 1. Tucson Water Service Area within and outside the town limits of Oro Valley 2. OV12-98-22 Stone Canyon II Final Plat (Trailhead Requirement) 3. Entering into a Development Agreement with Southwest Properties (Radisson Resort Hotel) 4. Kai Pre-Annexation Agreement — Request for Extension Pursuant to ARS 38-431.03(A)(4) Legal Advice relating to pending litigation: 1. City of Tucson v. Woods and related cases - Pima County Cause No. 320926 2. Tortolita v. Town of Oro Valley - Pima County Cause No. 328365 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. 10-27-99 Agenda, Council Regular Session 2 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 09-29-99; 10-06-99; 10-14-99 B. Building Safety Division Activity Report—August & September 1999 C. Finance Report—August 1999 D. Police Report— September 1999 E. The Chamber of Northern Pima County Quarterly Report — July 1, 1999 — September 30, 1999 F. Resolution No.(R)99-100 Approval of a contract with Westland Resources Inc. to Prepare Improvement Plans for Landscaping Four Sites in the amount of $24,200 2. PRESENTATION OF CERTIFICATES OF APPRECIATION TO CATALINA BOY SCOUT TROOP #299 FOR THEIR ASSISTANCE WITH THE 1999 LEAGUE OF ARIZONA CITIES AND TOWNS 3. DRAWING TO CHOOSE A LUCKY WINNER FROM A POOL OF ENVIRONMENTAL SENSITIVE LANDS ORDINANCE SURVEYS AND RECOGINIZING RICHARD UNDERWOOD, AAA LANDSCAPING FOR HIS PRIZE DONATION 4. 2000-01 CAPITAL IMPROVEMENT PLAN — RATIFICATION OF TECHNICAL ADVISORY COMMITTEE AND APPOINTMENT OF A COUNCIL MEMBER 5. RESOLUTION NO. (R)99-101 OV9-95-20 KAI PROPERTY DEVELOPMENT AGREEMENT EXTENSION REQUEST (PROPERTY LOCATED AT THE SOUTHEAST CORNER OF TANGERINE ROAD AND NORTH FIRST AVENUE) 6. RESOLUTION NO. (R)99-102 CONSIDERATION AND POSSIBLE APPROVAL OF A DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND SOUTHWEST PROPERTIES, INC. (RADISSON RESORT HOTEL) 7. PUBLIC HEARING - ORDINANCE NO. (0)99-53 AN ORDINANCE ESTABLISHING A COMPENSATION PLAN FOR MAYOR AND COUNCIL MEMBERS, EFFECTIVE JULY 1, 2000 8. PUBLIC HEARING - ORDINANCE NO. (0)99- 55 AMENDING POLICY NO. (10) ATTENDANCE AND LEAVES OF THE TOWN PERSONNEL POLICY REGARDING TRANSFER OF SICK LEAVE TO ANNUAL VACATION LEAVE 10-27-99 Agenda, Council Regular Session 3 9. PUBLIC HEARING — ORDINANCE NO. (0)99-56 AMENDING THE ORO VALLEY TOWN CODE, CHAPTER 6, SECTION 6-1-5, TO ESTABLISH A PUBLIC ART SELECTION COMMITTEE REVIEW PROCESS, PROVIDE EVALUATION CRITERIA, AND DEFINING GOVAC'S ROLE, RELATED TO MAJOR PUBLIC CONSTRUCTION PROJECTS AS IDENTIFIED IN THE TOWN'S CAPITAL IMPROVEMENT PLAN 10. RESOLUTION NO. (R)99-103 DISCUSSION AND POSSIBLE PROVISION OF "DARE PROGRAM SERVICES" TO WILSON SCHOOL BY ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH AMPHITHEATER SCHOOL DISTRICT 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: 10/20/99 4:30 P.M. Ih 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. — 5:00 p.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. 10-27-99 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. ' It A trMINUTES AFT ORO VALLEY TOWN COUNCIL SPECIAL SESSION SEPTEMBER 29, 1999 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE SPECIAL SESSION—AT OR AFTER 7:00 P.M. CALL TO ORDER 7:00 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Paul Parisi, Council Member Fran LaSala, Council Member EXCUSED: Dick Johnson, Vice Mayor Wayne Bryant, Council Member PRESENTATION SUMMARIZING THE FINDINGS OF THE SOLID WASTE MANAGEMENT TASK FORCE Dick Izen, Chairman of the Solid Waste Management Task Force reviewed the following Task Force recommendations relating to: • Provision of Services • Service Zones • Delivery Standards • Recycling • Education and East of Recycling • Continuous Charges • Billing • Citizen Input _ • Tipping Fees In response to a question by Council Member LaSala, Guy McMahon, with the City of Tucson stated that the Town could monitor the trucks to make sure all loads except for the last load of the day, are full loads from Oro Valley. Discussion followed regarding the need to hire an Inspector that would monitor the garbage collection in the Town. Mayor Loomis opened the public hearing. Herb Rutt, 160 E. Carolwood Drive. Mr. Rutt stated that the town should have some oversight for garbage collection. He stated he is in favor of having a contract for garbage collection and recycling. If the company does not live up to its contract, there should be some monetary penalties in place. . 09/29/99 Minutes, Special Session 2 Mark Lewis, 11810 N. Copper Butte. Mr. Lewis stated it is the right thing for the town to take over garbage collection. The town should take a leadership role in protecting our environment and should be aggressive in starting a mandatory recycling program. David Houser, 1911 W. Muirhead Loop and Manager for Southern Arizona Waste Management. Mr. Houser stated there are 3 qualified haulers in this area that could provide garbage collection for the Town. He suggested now is a great time for the town to get into regulative authority and he is willing to work with the town. He stated that issuing a Request For Proposal (RFP) is a drastic measure. He asked that the Town Attorney look at agreements other jurisdictions have entered into with Waste Management. Bob Miller, 10700 La Reserve Drive, Apt. 18203. Mr. Miller stated his apartment complex does not offer recycling so he drives 5 miles to a recycling station because he feels recycling is so important. He suggested that the town provide recycling bins in the town for voluntary recycling. There being no further comments, Mayor Loomis closed the public hearing. Council Member LaSala stated the private sector is handling this service properly without Oro Valley getting involved. He stated he does not believe it is the government's role to handle all services. He pointed out that there is no money in recycling, but it is still the right thing to do. He stated that the Town can control garbage collection by adopting restrictive ordinances. Citizens will pay better prices if the competition is there. He pointed out that if this service is taken over by Oro Valley, the citizens will be paying a tax. Council Member Parisi stated it is refreshing to see citizens wanting the town to recycle. He agreed it would be wonderful to have recycle bins located in the Town. Mayor Loomis brought up the following points: • An ordinance needs to be looked at and brought up to date. It could be used to establish standards or requirements to the Town's advantage. Any contract issued has to have "teeth" in it. • Recycling significant—possibly service clubs could provide recycling locations. • Service will have to pay for itself. • The Council will need#'s to help make a decision. Mayor Loomis asked what will the Town really have to do? How will the Town be able to assure quality control? He pointed out that there is no guarantee that if the town takes over the service, the rates will go down. Mayor Loomis asked the Task Force to meet one more time to go over those elements discussed tonight and at the 8-25-99 public hearing and then incorporate those elements into an addendum to the Task Force's first report. He asked if these elements could be presented to the Council at the last meeting in October or the first meeting in November. 09/29/99 Minutes, Special Session 3 Council Member LaSala referred to Pima County's Household Hazardous Waste Program that is considered one of the best in the nation. He suggested that the town look into having an Outreach Program for the Town that would be sponsored by Pima County. Mayor Loomis thanked the Waste Management Task Force for their research and recommendations on this issue. MOTION: Council Member LaSala MOVED to adjourn at 7:55 p.m. Council Member Parisi SECONDED the motion. Motion carried, 5 —0. Respectfully submitted, tait-t, 01. --t-L;-- Kathryn Cuvelier, CMC Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 29th day of September 1999. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 1999. Kathryn E. Cuvelier, CMC N 1. FT MINUTES " s` ORO VALLEY TOWN COUNCIL REGULAR SESSION OCTOBER 6, 1999 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:05 PM CALL TO ORDER ROLL CALL PRESENT: Paul Parisi, Council Member (Acting Chair) Fran LaSala, Council Member Wayne Bryant Council Member EXCUSED: Paul Loomis, Mayor Dick Johnson, Vice Mayor PLEDGE OF ALLEGIANCE Council Member Parisi led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings. CALL TO AUDIENCE Dick Izen, 12356 North Bigelow Road, requested that Council declare a moratorium on all zoning changes in the newly acquired areas previously considered a division of the Town of Tortolita. He stated that the moratorium should remain in effect until all appeals had been adjudicated. He explained that the citizens were concerned with development density in the area. CONSENT AGENDA At the request of Council Member Bryant, Council Member Parisi removed Items C and F from the Consent Agenda for discussion. MOTION: Council Member LaSala MOVED to approve the Consent Agenda excluding Items C and F. Council Member Parisi SECONDED the motion. Motion carried, 3-0. A. Minutes—9-13-99; 9-22-99 B. Resolution No. (R)99-92 Approval of Intergovernmental Joint Funding Agreement with the United States Geological Survey (USGS) for the continuation of the Aquifer Storage change study of the Canada Del Oro Wash 10/06/99 Minutes, Council Regular Session 2 C. Resolution No. (R)99-97 Acceptance of a License Agreement to allow for placement and maintenance of landscaping on lot 276 of Sun City Vistoso Unit 17 adjacent to lot 249—(PULLED FOR DISCUSSION) D. Resolution No. (R)99-98 Authorizing and approving the execution of the Intergovernmental Agreement for the Food and Drug Administration (FDA) Compliance Check Program between the Pima County Health Department and the Oro Valley Police Department E. Resolution No. (R)99-99 Approving the purchase of a Broce Broom Power Sweeper F. OV12-99-01 Villages of La Canada Block A, Landscape Plan (located on the northeast corner of Congressional Way &North La Canada Drive) (PULLED FOR DISCUSSION) G. 0V12-99-08 Oro Valley Retail Center Block 8, Landscape Plan(located on the northwest side of Oracle Road, South of First Avenue) H. OV12-98-1B Rancho Vistoso Neighborhood 11, Stone Canyon Golf Course Maintenance Facility Landscape Plan I. OV12-99-13 Lots 16 & 17 Foothills Business Park Landscape Plan (located on the north side of Mavinee Drive, east of Oracle Road) C. RESOLUTION NO. (R)99-97 ACCEPTANCE OF A LICENSE AGREEMENT TO ALLOW FOR PLACEMENT AND MAINTENANCE OF LANDSCAPING ON LOT 276 OF SUN CITY VISTOSO UNIT 17 ADJACENT TO LOT 249 Council Member Bryant complimented Carol Scotte for her enthusiasm and effort to clean up the area, but disagreed with stipulation#4 in the License agreement. He proceeded to read the following. (#4. That when said license is revoked, the Licensee will remove the encroachments from said property, at no expense to the licensors and to the satisfaction of the Licensors and will restore the property to the pre-license condition or as may be mutually agreed.) Council Member Bryant recommended that this section be removed. MOTION: Council Member Bryant MOVED to approve Consent Agenda Item C, excluding Item#4 of the License Agreement. Council Member LaSala SECONDED the motion. Discussion: Council Member LaSala asked if there were concerns regarding liability. Bill Jansen, Town Engineer, explained that 99-1/2% of the time, this was a standard format for this type of license agreement for encroachments for the right-of-way. In answer to a question from Council Member Bryant, Town Attorney Dan Dudley explained that Council had the authority to make any exception if they choose to do so. MOTION failed 2-1, with Council Member Parisi and Council Member LaSala opposed. MOTION: Council Member LaSala MOVED to approve Resolution (R)99-97. Motion SECONDED by Council Member Parisi. Motion carried, 2-1, with Council Member Bryant opposed. 10/06/99 Minutes, Council Regular Session 3 F. OV12-99-01 VILLAGES OF LA CANADA BLOCK A, LANDSCAPE PLAN (LOCATED ON THE NORTHEAST CORNER OF CONGRESSIONAL WAY & NORTH LA CANADA DRIVE) In answer to a question from Council Member Bryant, Community Development Director Brent Sinclair explained that a portion of the 54 foot buffer yard was actually included in the development plan. MOTION: Council Member Bryant MOVED to approve OV 12-99-01 Villages of La Canada Block A Landscape Plan as submitted. Motion SECONDED by Council Member La Sala. Motion carried 3-0. 2. PUSCH RIDGE MAJESTY PROGRESS REPORT AND REQUEST FOR PERMISSION TO MOVE STATUE LOCATION Artist Matthew Moutafis presented a miniature version of the bronze sculpture (Pusch Ridge Majesty). He explained that the original proposal was to construct the sculpture at the entrance of the Town Hall Administration Building, but instead requested permission to move the statue 70' northeast of the original site. Mr. Moutafis felt that this new location would enhance the outdoor patio area between the Town Hall Administration and the Community Development Services Building. MOTION: Council Member Bryant MOVED to approve the request to relocate the Pusch Ridge Majesty statue. Council Member LaSala SECONDED the motion. Motion carried, 3-0. 3. OV12-99-13 LOTS 16 & 17 FOOTHILLS BUSINESS PARK DEVELOPMENT PLAN AND PUBLIC ART (LOCATED ON THE NORTH SIDE OF MAVINEE DRIVE, EAST OF ORACLE ROAD) Kim Acorn, representative for Matrixx Equities, stated he had enjoyed the process of working with staff and believes that a good Development Plan project had been created. Artist Matthew Moutafis presented a model of the materials and features to be used on the site, which will be a variety of southwest mosaic tables. MOTION: Council Member LaSala MOVED to approve OV 12-99-13, Lots 16 & 17 Foothills Business Park Development Plan, and Public Art, with the conditions listed in Exhibit A. Council Member Bryant SECONDED the motion. Exhibit"A" 1. The 6' high vegetation screen shall be located onto the subject property, or the developer shall provide the Planning & Zoning Administrator a copy of written authorization from the adjacent property owner. 2. Five feet wide sidewalk is required along the curb of Mavinee Drive as per the Town of Oro Valley Subdivision Streets Standards. 3. The contract amount for public art shall be subject to review and approval by the Planning & Zoning Administrator, as per the requirements of the new Public Art Ordinance. 10/06/99 Minutes, Council Regular Session 4 Motion carried, 3-0. 4. PUBLIC HEARING—ORDINANCE NO. (0)99-44 AMENDING CHAPTER 11, SECTION 11-3-4N OF THE ORO VALLEY TOWN CODE REVISING THE SPEED LIMIT FOR TANGERINE ROAD FROM THE WEST ORO VALLEY TOWN LIMITS TO FIRST AVENUE (CONTINUED FROM 9-22-99) Council Member Parisi opened the public hearing. There being no speakers, Council Member Parisi closed the public hearing. In answer to a question from Council Member LaSala, Mr. Jansen explained that staff was revising the ordinance to enforce the speed limits to the west. In answer to a question from Council Member Bryant, Town Attorney Dan Dudley, explained that the western boundaries were Shannon Road and Tangerine Road. He added that since this area had been annexed that the speed limit laws should be enforced. In answer to a question from Council Member Bryant, Mr. Jansen explained that the truck traffic on Tangerine Road was a concern as well as the overall traffic, but realistically there were no alternatives for the east/west route for trucks to travel. Council Member LaSala agreed with Council Member Bryant's concern and that this area should be made a strict enforcement zone because the road was too narrow for large trucks to make quick maneuvers at high speeds. MOTION: Council Member LaSala MOVED to approve Ordinance (0)99-44, amending Chapter 11 Section 11-3-4N to read "Tangerine Road from the west Oro Valley Town Limits to First Avenue: 45 miles per hour". The motion SECONDED by Council Member Bryant. Motion carried, 3-0. 5. PUBLIC HEARING—ORDINANCE NO. (0)99-49 OV9-99-112 REQUEST TO AMEND THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT (PAD) REQUIRING SIDEWALKS ON BOTH SIDES OF RANCHO VISTOSO BOULEVARD FOR ALL FUTURE DEVELOPMENT (CONTINUED FROM 9-1-99) Council Member Parisi opened the public hearing. Dick Izen, 12356 North Bigelow Road, stated that he was pleased that staff, Vistoso Partners and homeowner's supported the ordinance. Council Member Parisi closed public hearing. MOTION: Council Member Bryant MOVED to approved Ordinance (0) 99-49, OV9- 99-112 Rancho Vistoso PAD Amendment. Council Member Parisi SECONDED the motion. Motion carried, 2-1, with Council Member LaSala abstaining. 10/06/99 Minutes, Council Regular Session 5 6. PUBLIC HEARING—ORDINANCE NO. (0)99-54 OV9-99-114 WAGON TRAILS ESTATES (AKA MIRA VISTA,) REZONING—R1-144 SINGLE FAMILY RESIDENTIAL TO R1-10 SINGLE FAMILY RESIDENTIAL (PROPERTY LOCATED ON THE SOUTH SIDE OF TANGERINE ROAD, APPROXIMATELY 1 MILE WEST OF LA CANADA) Council Member Parisi opened the public hearing. Hector Conde, 14040 North Lobelia, read the following statement: "Councilmembers: There is a requirement in the Tangerine Road Overlay Plan that mandates, for any building along the Corridor adjacent to the proposed highway, to assess any possible damage arising from highway noise on the population. The requirement is to ask the State Department of Transportation to conduct a computer simulation to ascertain the effect of future road changes on unaware property buyers. The developer has no problem building and selling the property at this time since Tangerine Road has not been improved. The State has reputedly spent $1.5 million dollars on a study to build an 8 lane highway. It stands to reason that the probabilities of that happening is high. Any cursory look at the state map, shows that corridor as a preferred route for westbound traffic from the northwest area. The effect of noise on the health of the property owners is well known. According to the Federal Highway Administration, the Az. Dept. of Transportation, HUD and the EPA, it is a health hazard. In most cases, after the problem surfaces, the jurisdictions suffer numerous lawsuits, as in the case of airports. The attached graph shows the likelihood of those lawsuits according to noise intensity. I submit that the Council must not grant any more construction permits that violate the conclusions of the Tangerine Road Corridor Plan Advisory Committee (pg 20), until health safety issues are clarified." Mr. Conde submitted a report that he had compiled while working with the Tangerine Road Overlay District Task Force regarding highway noise. Council Member Parisi called a 5 minute recess at 7:45 p.m. Council Member Parisi called the meeting back to order at 7:51 p.m. Community Development Director Brent Sinclair, gave the staff report. He explained that the applicant proposes to develop the 34.31 acre property into 61 single-family residential lots, a minimum of 10,000 sq. ft. in size, for a total density of 1.78 dwelling units per acre. He added that two conditions had been modified in Exhibit A to further preserve and protect as much vegetation as possible. He further explained that staff would like to add#18 to Exhibit A and read the following proposed condition: "A noise mitigation plan, addressing impacts of future Tangerine Road improvements, shall be included with the preliminary plat submittal for review and approval by the Planning & Zoning Administrator." In answer to a question from Council Member LaSala, Mr. Sinclair explained that because there were no specific plans for Tangerine Road, this would be the best direction 10/06/99 Minutes, Council Regular Session 6 to take at the present time and to take into consideration who would pay for the noise litigation. In answer to a question from Council Member LaSala, Mr. Jansen explained that the Tangerine Corridor was one of the highest concerns in Oro Valley as well as Marana, Pima County and the PAG Region to go forward with the eventual improvement of Tangerine Road to effectively accommodate future traffic. He explained that ADOT was currently conducting an environmental assessment to see if the assumptions in the environmental survey done in 1989 were valid. However, it has taken ADOT 8 months to not decide how to proceed with the study that PAG funded. Mr. Jansen stated that staff was looking at other alternative methods that would be relative to the development of Tangerine Road. Council Member Bryant suggested leaving the R1-144 zoning in place, therefore not becoming a burden on the infrastructure and it would maintain the open space. Charlie Husley, representative for the WLB Group, gave a presentation of the parcel in question. He explained that after contacting the State Department of Transportation (ADOT) about the noise requirements, he had been informed not to get involved in determining where the sound wall would be located or how high. He explained that further adjustment would be made when the tentative plat was prepared. Council Member Bryant suggested the Council make an effort to meet with Amphitheater School District to determined if the district was able to accommodate the zoning change. Town Manager Chuck Sweet confirmed that a meeting was to be scheduled with the Amphitheater School Board on Wednesday, October 27th or 28th. Council Member Parisi explained that the school district was obligated by state law to oversee and educate the children in the district and not government. Council Member Parisi expressed his objections with the fact that a new condition was submitted on such short notice. Mr. Sinclair agreed with Council Member Parisi, however, he stated that he felt he had an obligation to inform the Council of all information that was available. In answer to a question from Council Member LaSala, Mr. Sinclair stated that postponing this item to a later meeting would not resolve the mitigation plan. Bill Adler, 10720 North Eagle Eye Place, stated that the Town should be careful with environmentally sensitive land and do everything possible to protect it. He added that when zoning the areas, the Town should be responsible to the conditions that exist on the property. Council Member Parisi called a 10-minute recess at 8:30 p.m. Council Member Parisi called the meeting back to order at 8:45 p.m. 10/06/99 Minutes, Council Regular Session 7 Hector Conde, 14040 North Lobelia, apologized for the confusion and stated that it was his intention to make sure that future buyers of the property adjacent to the Tangerine Road are not surprised by purchasing property that did not show future plans for expansion of Tangerine Road. Charlie Hulsey stated that WLB would do a study to determine how much noise would be created and how it would affect the homes in the Tangerine Road corridor. Council Member Parisi closed the public hearing. Council Member LaSala asked if staff needed more time to review the issues. Mr. Sinclair stated that staff could take more time to be more specific with the noise mitigation, however, since Mr. Hulsey has volunteered to do this study, staff will work with them. Council Member LaSala agreed with Mr. Adler regarding the site and suggested that Planning and Zoning should definitely walk through and view the properties that are being considered for rezoning. However, he stated this development does comply with The General Plan. He stated the conditions included will protect what needs to be protected. He thanked the applicant for offering to do the Mitigation Study. In answer to a question from Council Member Parisi, Mr. Sinclair confirmed that the applicant will have to submit a final plat to Council for approval before development can begin. He pointed out the importance of going through the process at the proper time with the proper people, regardless of personalities, to end up with a good project. MOTION: Council Member LaSala MOVED to approve Ordinance (0)99-54, OV9-99- 144, Wagon Trails Estates (AKA Mira Vista) Rezoning from R1-144 to R1-10, effective on the date of satisfaction of those conditions listed in Exhibit"A" attached herewith. Council Member Parisi SECONDED the motion. Exhibit"A" 1. All standard Conditions for Non-PAD rezonings shall be imposed. ' 2. The property owner, or their successors, shall comply with all U.S. Fish and Wildlife regulations regarding the desert tortoise and the cactus ferruginous pygmy owl. 3. The applicant shall provide documentation of the surveys for the cactus ferruginous pygmy owl. 4. A Riparian Habitat Study and Mitigation Plan, prepared in accordance with the requirements of the OVZCR, shall be included with any preliminary plat submittal for this property. 5. Any road crossing of a designated riparian area shall be `wildlife friendly' in terms of design and construction. 6. The tentative development plan shall be modified during the platting process to preserve all significant Saguaros and vegetation, to include the arroyo vegetation on Lots 12, 13, 24, 27, 28, and 38-41, as shown on Figure 9 of the site analysis document. Drainage ways on the lots shall be `natural' and not involve the construction of concrete, gunite, or rip-rap structures. This may be accomplished through minor changes in the layout and location of roads, and/or modification of lot 10/06/99 Minutes, Council Regular Session 8 lines. Staff will work with the applicant during the platting process to address mitigation measures for any significant saguaros and vegetation which cannot be preserved through changes in the location and/or design of roads and lots. 7. The turn-around point provided on Wheel Wright Lane shall be subject to approval by the Town Fire Marshall during the preliminary plat review process. 8. The developer shall be responsible for all on-site and off-site improvements associated with the development of this property. The Town of Oro Valley shall not be responsible for the cost of improvements to Tangerine Road. 9. A 5' paved shoulder shall be provided by the applicant on the south side of Tangerine Road for the frontage length of this property, or alternate provision of facilities for bicycles and pedestrians as approved by the Planning & Zoning Administrator and the Town Engineer. 10. The Verch Way cross section shall be amended to include 6" vertical curb and sidewalks on both sides of the street. Cross section for Verch Way shall have curbs and gutters. Bike lanes are to be 5-ft minimum width, in accordance with AASHTO standards. 11. The "Typical Lot Layout" shall be amended to show the required 25' front setback. 12. The Table on page 34 shall be corrected to reflect the correct existing R/W on Tangerine Rd. (150'), Glover Rd. (85'), La Cholla(110') and the correct design speed for all the streets shall be reflected in this table. 13. 10' maintenance easements are required for all drainage easements. 14. Paragraph six, page 53 shall read "The developer of Wagon Trail Estates shall be responsible for necessary improvements to Tangerine Road." 15. Show the location of the utilities on all street x-sections: Note all utilities except sanitary sewers shall.be installed outside the pavement. 16. Paragraph one, page 61 shall read "Town of Oro Valley 1998, Grading Ordinance". 17. An Archeological survey shall be submitted for review. 18. A noise mitigation plan, addressing impacts of future Tangerine Road improvements, shall be included with the preliminary plat submittal for review and approval by the Planning & Zoning Administrator. Discussion: Council Member Bryant stated that he did not agree with rezoning changes and that the current zoning should be upheld. He added that in the long run it would benefit the Town to have the large portions of property. Council Member Parisi agreed with Council Member Bryant regarding zoning and that we shouldn't jump right into things. He stated he is not against growth, but if you are going to have growth, it should be planned, and it should be planned for in advance with sewers, roads, schools and everything that goes into having a quality community. He stated that part of the planning process is complying with the General Plan. He stated in this particular rezoning they have met the requirements and that the additional conditions have been added and that the applicant was willing to adhere to the conditions. He pointed out that nothing will occur until the final plat is reviewed and approved by Council to make sure it is right for our community. He stated we have to go with The General Plan and go along with the process. 10/06/99 Minutes, Council Regular Session 9 Council Member LaSala stated that The General Plan does list the density being looked at this evening. He stated 1/4 acre lots are desirable in Oro Valley. He pointed out that a lot of time and study went into deciding this designation in The General Plan. Motion carried, 2-1, with Council Member Bryant opposed. 7. 0V12-98-1B RANCHO VISTOSO NEIGHBORHOOD 11, STONE CANYON GOLF COURSE MAINTENANCE FACILITY DEVELOPMENT PLAN Mr. Sinclair stated that this was a proposed maintenance facility that would service the golf course. He explained that the building area was approximately 5,213 square feet and that the site is 2.38 acres. He added that staff does recommend approval of the plan. Charlie Hulsey, The WLB Group gave an overview of the site and changes to be made. MOTION: Council Member LaSala MOVED to approved 0V12-98-B1, Rancho Vistoso Neighborhood 11 Stone Canyon Golf Course Maintenance Facility Development Plan, subject to the conditions in Exhibit"A" attached. The motion SECONDED by Council Member Bryant. Exhibit"A" 1. There shall be no encroachment into the dedicated natural open space, without an equal amount of area dedicated as open space. A trample zone, not to exceed 5 feet in depth, may be permitted. 2. Minor revisions should be made to reduce any encroachment into the no-build areas. 3. Submit calculations that estimate the time it takes for the retention basin to drain completely. 4. A grading permit will not be issued until the improvement plans have been approved and all assurances have been posted. Motion carried, 3-0. TOWN MANAGER'S REPORT Town Manager Chuck Sweet announced that it was Town Engineer Bill Jansen's birthday. ENGINEER'S REPORT Town Engineer Bill Jansen stated that he was pleased to report that the Linda Vista/Oracle Road traffic signal is up and functioning. He stated construction is expected to start on the median for Rancho Vistoso/Rincon Peak next week. FINANCE DIRECTOR'S REPORT No report. 10/06/99 Minutes, Council Regular Session 10 POLICE CHIEF'S REPORT No report. WATER UTILITY DIRECTOR'S REPORT Water Utility Director David Hook announced there would be a Water Utility Committee Meeting, Monday, October 11, 1999. COUNCIL COMMITTEE REPORTS No report. CALL TO AUDIENCE Bill Adler, 10720 North Eagle Eye Place, stated that the Wagon Wheel Estates application does comply with The General Plan for density, but it did not comply with the environmental concerns expressed in The General Plan. He suggested that the Town should validate and verify those environmental concerns identified in The General Plan. Mr. Adler stated that regarding Item 3, (OV12-99-13 Lots 16 & 17 Foothills Business Park Development Plan& Public Art) the implementation could have been done better. He stated that it would be better for the Town to pool the money for artwork and do something town wide that would be dramatic, creative, imaginative, artistic and educational, and located in an area, such as a park that could be seen town wide. ADJOURNMENT MOTION: A MOTION was made by Council Member Parisi and SECONDED by Council Member LaSala to adjourn the Council Meeting at 9:05 p.m. Motion carried, 3-0. Respectfully submitted, (72S, i6e& 11,L/Zikf Linda Hersha, Administrative Secretary 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 6th day of October 1999. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 1999. Kathryn E. Cuvelier,CMC Town Clerk 1111 jUl. MINUTES ORO VALLEY TOWN COUNCIL SPECIAL SESSION OCTOBER 14, 1999 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE SPECIAL SESSION—AT OR AFTER 5:45 P.M. CALL TO ORDER ROLL CALL: Dick Johnson, Vice Mayor Wayne Bryant, Council Member Fran LaSala, Council Member EXCUSED: Paul Loomis, Mayor Paul Parisi, Council Member RESCHEDULING OF OCTOBER 20, 1999 EXECUTIVE AND REGULAR COUNCIL SESSION (5:30 PM/7:00 PM) TO WEDNESDAY, OCTOBER 27, 1999 COMMENCING WITH EXECUTIVE SESSION AND REGULAR SESSION (5:30 PM/7:00 PM) A MOTION was made by Council Member Bryant to reschedule the October 20, 1999 and all items listed on the Executive and Regular Council Session to Wednesday, October 27, 1999 commencing with an Executive Session and Regular Session (5:30 p.m./7:00 p.m.). MOTION SECONDED by Council Member LaSala. DISCUSSION. Discussion followed as to whether or not there was a need to hold a special session on Saturday, October 16th to address the Radisson Hotel Agreement. It was discussed that this item will also be addressed on October 27, 1999. MOTION carried 3 —0. RESCHEDULING OF PUBLIC HEARING RELATING TO HALLAQ TRANSLATIONAL ZONING ORDINANCE NO. (0)99-45 OV9-99-51 PARCEL #224-24-0120 AND PARCEL#224-24-0130 No action taken. (This item was continued to October 27, 1999 as one of the items listed on the October 20th Agenda). See motion above. ADJOURNMENT MOTION: A MOTION was made by Council Member LaSala and SECONDED by Council Member Bryant to adjourn the special session at 6:05 p.m. MOTION carried 3 — 0. 10/14/99 Minutes,Council Special Session 2 Respectfully submitted, /424-F4- Kathryn E. Cuvelier, CMC Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special session of the Town of Oro Valley Council of Oro Valley,Arizona held on the 14th day of October 1999. I further certify that the meeting was duly called and held and that a quorum was present. Dated this / day of C--/v 62-a-V , 1999. /4 6( Kathryn E. 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CA C 6a 69 69 X m 69 69 w69 69 1...) < a ...: J O, — N 69 N C 69 -V- — C N < — O0 V, O, — N t,.J V, w V V V V V V V V ,. L J w 00 -- W C, L..) 00 w t.) ON C J —. V N 00 , V, ci a w w . . w 0 C, 0 C .O LA O, CA TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 20, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Finance Report For Month Ended August 1999 SUMMARY: Attached to this communication is the Finance Report for the Month Ended August 31, 1999. Financial statements were prepared using pre-audit figures. GENERAL FUND: Select points are as follows: Sales tax from construction may significantly exceed budget based on fiscal year to date activity. To date, residential building permit fees collected are up 16% compared to the same time last year. The rate of retail sales tax collections should increase as the year proceeds due to new business openings and seasonal activity. Hotel/motel sales tax collections are up about 15% compared to the same time last year. State/county shared revenues are tracking to budget. Departmental expenditures were under budget. Other Funds qb State shared fuels taxes are tracking to budget. Local transportation assistance funds were not reflected due to timing differences related to the fiscal year end close. t'k5 Townwide roadway impact fees, alternative water impact fees and water connection fees revenues are meeting or exceeding budget. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 Oro Valley Water Utility q> Retained earnings is $1,220K. q;> Water revenues may slightly exceed budget based on current collections. Capital expenses are below budget. 2):14it'd David L. Andrews Finance Director aZdIkei Chuck Swe Town Manager CC: Chuck Sweet, Town Manager All Department Heads Town of-Oro Valley GENERAL FUND Budget Compared to Actuals Report Through August 31, 1999 Percentage of Year Completed 2/12 = 16.75 1999/2000 Percentage August Y-T-D Total of-Budget Actuals Actuals Budget Completed REVENUES: Local Taxes $ 391,307 $ 396,947 $ 4,962,000 8.0% State/County Shared 392,062 573,558 4,503,000 12.7% Fines 19,483 34,012 201,000 16.9% Licenses & Permits 155,954 288,135 1,105,000 26.1% Charges for Services 18,226 49,016 220,600 22.2% Federal Grants - - 647,323 0.0% State Grants 10,545 10,545 281,993 3.7% Interest Earnings 35,427 35,447 318,600 11.1% Miscellaneous 6,456 14,821 15,500 95.6% Bond Proceeds - - 2,700,000 0.0% Carryforward 7,531,724 TOTAL REVENUES 1,029,460 1,402,481 22,486,740 9.4% EXPENDITURES: Town Council 3,109 14,532 I 81,983 17.7% Town Clerk 21,449 30,951 275,132 4 11.2% Magistrate Court 22,831 40,228 340,173 11.8% wn Mana er 17,573 28,664 243,401 11.8% uman Resources 11,722 17,413 180,327 9.7% Economic Development 8,549 17,946 313,249 5.7% Finance 24,897 36,314 334,793 10.8% Legal 20,123 30,896 459,809 6.7% Community Development Administration 22,267 29,072 288,440 10.1% Planning & Zoning 56,177 85,481 956,491 8.9% Parks & Recreation 52,157 89,457 849,292 10.5% Police 343,464 596,786 5,450,974 10.9% Police- Ca ita l Contingency - - 132,493 0.0% Building Safety 55,745 76,365 934,772 8.2% Custodial & Facility Maintenance 3,483 8,960 146,752 6.1% General Administration: Personnel, Operations& Maintenance 18,243 48,072 381,674 12.6% Improvements - - 115,489 0.0% Vehicles & Equipment - 160 24,500 0.7% Land - - 3,243,500 0.0% Transfers to Other Funds - - 1,901,810 4 0.0% Contingency/Reserve 5,831,686 TOTAL EXPENDITURES $ 681,789 $ 1,151,297 $ 22,486,740 6.9% REVENUES LESS EXPENDITURES $ 347,671 $ 251,184 UND BALANCED TJUL Y 1, 1999 $ 8,153,880 CURRENT FUND BALANCE $ 8,405,064 * Pre-audit figure. Town ofOro Valley HIGHWAY FUND Budget Compared to Actuals Report Through August 31, 1999 Percentage of Year Completed 2/12 = 16.75 1999/2000 Percentage August Y-T-D Total of-Budget Actuals Actuals Budget Completed REVENUES: State Shared Fuels Tax $ 135,789 $ 135,789 $ 1,629,000 8.3% Other Revenues 13,711 r 14,682 70,800 20.7% Transfer from Debt Service Fund - - 73,860 0.0% Carryforward of Fund Balance 1,832,378 TOTAL REVENUES 149,500 150,471 3,606,038 8.5% EXPENDITURES: _ Personnel 44,117 75,259 634,725 11.9% Operations & Maintenance 96,223 125,999 551,134 22.9% Capital Improvements - - 1,030,000 0.0% Equipment & Vehicles 17,330 17,330 240,000 7.2% Lease Purchase Payments - - 55,982 0.0% Contingency 1,094,197 TOTAL EXPENDITURES $ 157,670 $ 218,588 $ 3,606,038 8.7% REVENUES LESS EXPENDITURES $ (8,170) $ (68,117) FUND BA LA NCEA TJUL Y 1, 1999 $ 1,960,836 * CURRENT FUND BALANCE $ 1,892,719 *Pre-auditfgure. Town ofOro Valley PUBLIC TRANSPOR TA TION FUND Budget Compared to Actuals Report Through August 31, 1999 Percentage of Year Completed 2/12 = 16.79' 1999/2000 Percentage August Y r-o Total oFBudget Actuals Actuals Budget Completed REVENUES: HB 2565 State Grant $ - $ - $ 11,000 0.070 Local Transportation Assistance Funds - - 156,000 0.0% Other 1,207 2,905 18,500 15.7% Carryforward oF Fund Balance 74,153 TOTAL REVENUES 1,207 2,905 259,653 1.670 EXPENDITURES: Personnel 9,739 15,656 153,034 10.270 Operations & Maintenance 1,982 5,978 59,923 10.0% Capital Outlay - - 24,980 0.0% contingency 21,716 .7TAL EXPENDITURES $ 11,721 $ 21,634 $ 259,653 9.1% REVENUES LESS EXPENDITURES $ (10,514) $ 08,729) FUND BALA NCEA TJUL Y 7, 1999 $ 104,249 CURRENT FUND BALANCE $ 85,520 Pre-audit figure. Town ofOro Valley TOWNWIDE ROADWAY DEVELOPMENT IMPACT FEES FUND Budget Campred to Actuals Report Through August 31,1999 Percentage of Year Completed 2/12 = 16.75 1999/2000 Percentage August Y-T-D Total olBudget Actuals Actuals Budget Completed REVENUES: Interest-Investments $ 28,687 $ 28,687 $ 270,000 10.6% Development Impact Fees 192,353 357,066 1,307,000 27.3% Carryforward of Fund Balance - - 5,428,238 TOTAL REVENUES 221,040 385,753 7,005,238 5.5% EXPENDITURES: Personnel - - 62,812 0.0% Outside Professional Services 16,178 16,178 80,000 20.2% improvements 97,203 97,203 2,138,000 4.5% .:onti ngency - - 4,724,426 TOTAL EXPENDITURES $ 113,381 $ 113,381 $ 7,005,238 5.0% REVENUES LESS EXPENDITURES $ 107,659 $ 272,372 FUND BA LA NCEA TJUL Y 1, 1999 $ 6,133,360 * CURRENT FUND BALANCE $ 6,405,732 Town oFOto 1/4lley CPO RlI/ERFRONTPARK FUND Budget C4mp4red to Actuals Report Through August 31,199.9 Percentage of Year Completed 2/12= 16.79' 1999/2000 Perces t4ge August Y r-o rota/ of Budget Actuals Actuals Budget Completed REVENUES: Pima County Bond Proceeds $ - $ - $ 1,250,000 0.0% Transfer from General Fund - - 773,256 0.070 Interest-Investments 1,498 1,498 - 100.0% CarryForward oFFunc# Balance - - 388,876 TOTAL REVENUES 1,498 1,498 2,412,132 0.1% EXPENDITURES: Outside Professional Services 11,603 11,603 83,000 14.0% improvements 488 488 2,329,132 0.070 OTA L EXPENDITURES $ 12,091 $ 12,091 $ 2,412,132 0.5% REVENUES LESS EXPENDITURES $ (10,593) $ (10,593) FUND BALANCER T/L/L Y 7 1999 $ 374,253 CURRENT F(/ND BALANCE $ 363,660 Pre-audit ( ure. Town olOto Valley M UNICIPA L FA CIL I TIES CONSTRUCTION FUND Budget Cimpred to A ctuils Report Through August 31,1999 Petcen tlge of Yap- Completed 2/12 = 16.75 1999/2000 Percentage August Y-T-D Total olBudget Actuals Actuals Budget Completed REVENUES. Interest-Investments $ 6,911 $ 6,911 - 100.0% Carryforward of Fu nd Balance - - 1435,944 TOTAL REVENUES 6,911 6,911 '1,435,944 0.55 EXPENDITURES: Improvements (6,056) '13,415 1,435,944 0.9% TOTAL EXPENDITURES $ (6,056) $ 13,415 $ 1,435,944 0.9% REVENUES LESS EXPENDITURES $ 12,967 $ (6,504) UND BALANCE AT JULY Y 1, 1999 $ 1,353,400 'CURRENT FUND BALANCE - $ 1,346,896 * Pre-audit figure. Town of-Oro Valley ORO VALLEY WATER UTILITY Budgeted Income Sta temen t Through August 31, 1999 Percentage of-Year Completed 2/12= 16.7f 1999/2000 Percentage August Y-T-P Total of-Budget Actuals Actuals Budget Completed OPERATING REVENUES: Water Revenues $ 530,557 $ 910,010 $ 5,228,000 '17.4% Service Charges& Meter Income '19,433 35,255 209,000 '16.9% TOTAL REVENUES 549,990 945,265 5,437,000 17.4% OPERATING EXPENSES: Personnel 64,870 101,367 892,339 11.4% Operations & Maintenance 93,157 170,692 1,695,891 10.1% Depreciation &Amortization 106,978 i 212,688 1,351,000 15.7% TOTAL OPERATING EXPENSES 265,005 484,747 3,939,230 12.3% OPERATING INCOME 284,985 460,518 1,497,770 30.7% )NOPERATING REVENUES (EXPENSES) interest Income 29,513 29,514 190,000 15.5% Interest Expense 151,044 273,273 1,616,833 16.9% TOTAL NONOPERA TING REVENUES (EXPENSES) (121,531) (243,759) (1,426,833) NET INCOME $ 163,454 $ 216,759 $ 70,937 RETAINED EARNINGS AT)ufy 1, 1999 $ 1,003,714 $ 400,333 CURRENT RETAINED EARNINGS $ 1,220,473 $ 471,270 * Pre-audit figure. Town olOro alley ORO VALLEY WATER UTILITY Cash &Cyp1t71 Budgets Through August 31, 1999 Budget Current ,7t Over/ Category Balance 6/30/2000 (Uncf er) Cash from Operations $ 3,630,200 r $ 1,463,074 $ 2,167,126 1996 MPC Bond Proceeds 291,566 - 291,566 1999 MPC Bond Proceeds 1,133,660 966,610 167,050 ht5ei-v/ce Reserves 2,287,940 2,287,940 _ Totals 7,343,366 4,717,624 2,625,742 August Y-T-P 1999/2000 Z Budget CAPITAL BUDGET Actuals Actuals Total Budget Completed Machinery & Equipment $ 114 $ 1,153 $ 173,300 0.7% Vehicles 240 240 169,000 0.1% Meters 6,522 17,389 66,500 26.1% Wells - - 530,000 0.0% Booster Stations - - 212,500 0.0% Transmission/Distribution Main - - 490,800 0.0% Reservoirs - - 1,287,000 0.0% Hydrants - - 7,500 0.0% Telemetry 963 963 130,250 0.7% Structures - - 100,600 0.0% TOTAL CAPITAL BUDGET $ 7,839 $ 19,745 $ 3,167,450 0.6% Town ofOro Valley ORO VALLEY WATER CONNECTION FEES FUND Budget Compared to Actuals Report Through August 31, 1999 Percentage of Year Completed 2/12= 16.75 1999/2000 Percentage August Y-T-D Total olBudget Actuals Actuals Budget Completed REVENUES: Connection Fees $ 38,675 $ 102,143 $ 775,000 13.2% Interest-Investments 4,317 4,317 - 100.0% Carryforward of Fund Balance _ 743,303 TOTAL REVENUES 42,992 106,460 1,518,303 13.7% EXPENDITURES: Improvements - - 1,324,000 0.0% Debt Service Payments - - 73,289 0.0% Contin•enc 121,014 TOTAL EXPENDITURES 4, - - 1,518,303 0.0% REVENUES LESS EXPENDITURES $ 42,992 $ 106,460 =UND BA LA NCEA TJUL Y 1, 1999 $ 429,433 CURRENT FUND BALANCE $ 535,893 * Pre-audit figure. ,4 „ ,4,4„ tt, 0 -0 O F 7 11000 N. La Canada Dr. "`ydl Oro Valley, Arizona 85737 ERNER S. WOLFF, Chief of Police Phone (520) 742-5474 FAX (520) 797-2616 A r A 46: A n .. ' VNDEDI ORO VALLEY POLICE DEPARTMENT "INTEGRITY, PRIDE, EXCELLENCE" MEMQ.R ,NDUM TO: Mayor Loomis and Town Council FROM: Chief Werner S. Wolff DATE: October 12, 1999 RE: Monthly Breakdown of Citations by Violation and Police Activity Summary Attached please find the updates for the month of September, 1999. WSW:nlr r-+ M M N [� d' O CT D CT ‹D �' 00 ‹) in Q00 v1 l� O r--. 00 N M N C r-. N ~ M ON E-' C F. U w C Z 4 , O U O 0 0o O O O o 00 O1 r-- M N O-. M N A. 4 w vp = _ _ , , _ ..1 T� Cy p C\ 00 VO O �t ‹O 004 _ O - N cn V 1 U►. r--i N ON N N 00 N ONg • o a ~ __. , - - —.. 41 E"' 00 4 , -7t- O O - ,.....CT O N d 00 ,--' 00 O AN Z NN 0M NNp W ~ ci) (41 i <,i M.* 40 M N O \D M 00 •O O N N in O N t.- M N 04 IN r r-• N 'i r-+ O o .-• N O 00 CI* 4 ;..4 ,....1 1 I W , 1 , ......... E. 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N a a' .< N c 0 0 B Al COUNCIL COMMUNICATION TOWN OF ORO VALLEY MEETING DATE: 10! 99 E , TO: HONORABLE MAYOR & COUNCIL FROM: Jeffrey H. Weir, Economic Development Administrator SUBJECT: The Chamber of Northern Pima County Quarterly Report : July 1, 1999 —September 30, 1999. SUMMARY: The 1999/2000 Fiscal Year Financial Participation Agreement (FPA) between the Town of Oro Valley and the Chamber stipulates that a Quarterly Report be compiled by the Chamber and presented to the Council in the month following the end of each calendar quarter. The enclosed report satisfies the FPA requirement for the first quarter of the 1999/2000 Fiscal Year. Members of the Chamber's Board of Directors and/or staff will most likely be in attendance to answer any specific questions. ,.._____ 4r r .4 Jeffr , H Weir, CE Economic Development Administrator 2-9 ' -2, David L. Andrews Finance Director i / A 1 441/.... Apr , I Ai Chuck Sweet Town Manager 1//v ...410HANBER Sersi>e*the eoiMwweiriee of Northern Piaui Grimly It's Good For BusinQss! QUARTERLY PROGRESS REPORT July 1, 1999—September 30, 1999 Submitted To: The Town of Oro Valley By: The Chamber of Northern Pima County In accordance with Resolution No. (R) 98-98, Section 1.3. A. Tourism, Visitors Services and General Information. The Chamber has provided tourism and visitor services and information to anyone who has expressed an interest, including Town residents and seasonal tourists over the past three months. Below are data on activity that the Chamber has addressed through this quarter. TELEPHONE CALLS & ACTIVITY Category July August September TOTAL 1. Member calls for business 172 236 282 690 2. Relocation Packages I 36 44 65 145 3. Information sent/faxed 51 49 144 244 4. Calls for new Membership 30 45 33 108 5. Office visitors 38 49 53 140 6. General/ RelocationNisitor Calls 371 285 382 1,038 7. Web site visits 656 1,235 958 2,849 • 1. Member calls for business: These are calls from people who are already members of The Chamber who call for any type of Chamber business. 2. Relocation Packages: Newcomers Kit for people relocating to the Northern Pima County area. It includes an area map, demographics of Oro Valley & Northern Pima County, The Guide, attractions, hotels & restaurants. 3. Information Calls: Requested info other then relocation or visitor kits, such as maps, demographics, & accommodations. 4. Calls for new membership: Calls to the office regarding membership information. 5. Office visitors: People who come in to the Chamber office for information. 6. These are calls for a wide variety of information. We either provide the information requested or refer the caller to another source if we do not have it. 7. A "hit" is one download of the HTML file of a page, or of an image. "HTML hits" are hits on HTML pages only, not images. Most people regard this as the most useful thing to look at since they correspond one-to- one with pages as the visitor sees them. B. Chamber Operations: During this quarter, the Chamber intensified its efforts to build an internal operation strong enough to support the quality of programs desired by our members and the community. In the Chamber's last Quarterly Report to the Town of Oro Valley, we listed a series of goals which had been established to guide the work of the organization through the balance of the year. In this report, we will relate our activities during this quarter to those goals. • Increase the Chamber's membership and financial base 1. Created a membership recruitment committee called the Trail Blazers to actively recruit new Chamber members. 2. Developed procedures for tracking membership prospects and for collecting overdue membership accounts. 3. Recruited 22 new members into the Chamber. • Get increased participation of members in Chamber programs and activities. 1. Established a monthly New Member Orientation to make new members aware of all the benefits of Chamber involvement. 2. Created and extensively promoted a list of opportunities for involvement in Chamber committees (Copy attached). 3. Established six new Committees to extend the scope of Chamber programs and create maximum involvement opportunities. • Improve communications with members and the public. 1. Worked to create a consistent format for the Chamber newsletter. 2. Wrote and distributed news releases on Chamber meetings and events. 3. Established a committee to schedule speakers for meetings, and to evaluate all Chamber meetings and events to ensure that they meet members' needs. 4. Scheduled Breakfast speakers on issues of general interest, including Steve Jewett from Governor Hull's Southern Arizona office and Coach Dick Tomey of the University of Arizona. 5. Scheduled a presentation on the Save-A-Plant program at the August Breakfast. • Enhance Chamber identity and visibility. 1. After a thorough search for a new office location, we signed a three-year lease on our existing space, ensuring the physical stability of the organization for that period of time. 2. Began work on a new logo that will better identify the Chamber with the area it serves. The logo will be introduced in December. 3. Obtained a listing for the Chamber in the WorldWide Chamber of Commerce Directory, the primary reference piece for Chambers throughout the United States. In addition to these things, a great deal of effort has gone into tightening the Chamber's financial procedures, reducing outstanding debt and increasing memberships and project income. A revised budget for the year was developed and adopted, projecting a positive cash flow position at year-end. C. Business Recruitment, Retention and Outreach: The major economic development objective of the Chamber is to help local businesses succeed. With that success will come more jobs, increased tax revenues and an overall healthier business climate. Our programs in this area take many forms. Some of these programs involve direct interface with businesses, other involve work that is necessary for the community's economic well being. The goal stated for direct interaction was: • Develop programs to increase the value of Chamber membership to Small Business and specific business clusters. 1. Established a Small Business Committee to plan and conduct seminars and workshops on subjects of value to small business and to bring specialized assistance resources to area businesses. 2. Conducted a survey of area businesses to determine what seminar subjects would be of most value. 3. Scheduled the first seminar, on Marketing, for October 19. 4. Conducted, in cooperation with the Marana Chamber, the first Northwest Business Expo to give members the opportunity to showcase their products and services to other area businesses. All 85 tables available were filled by member exhibitors. Comments from exhibitors were highly positive. 5. Continued to publish monthly Marketing Tips in the newsletter. 6. Conducted seven networking events during the quarter, open to both members and non- members. 7. Started work on a new program called the Chamber Marketplace to encourage members to do business locally with other member businesses. This program will be announced to members during the October-December Quarter, with implementation set for January 1, 2000. Our stated goal for programming where our focus is on issues and our interaction is with governmental entities and other organizations was: • Establish alliances with other Chambers, governmental entities and business associations. 1. An on-going dialogue was established with the Tucson Metropolitan Chamber of Commerce, through Jack Camper, that organization's President& CEO. The primary focus of this dialogue will be to explore and implement cooperative efforts. 2. A relationship has been established with the Small Business Development Center at Pima Community College, to ensure that local businesses have the full advantage of the resources available through that institution. 3. Chamber representatives attended a meeting of the Metropolitan Tucson Convention &Visitors Bureau relating to the contribution of tourism to the economic development of the community, and a workshop entitled "Transportation Dialogue for the Southern Arizona Business Community" set up by the Tucson Chamber to explore the possibility of a unified regional voice on transportation issues. 4. The Chamber was represented at a conference of the Tucson Service Providers organized by Arizona Small Business Advocare in the Office of the Governor. 5. We have participated in regular meetings with Town staff members to discuss issues of mutual interest. 6. Helped to promote programs of the Greater Oro Valley Arts Council. 7. Publicized and worked to get business involvement in the Save-A-Plant program. 8. Encouraged business participation in discussions relating to the Environmentally Sensitive Lands Ordinance and specific local developments including Steam Pump Ranch. 9. Worked in the Governmental Affairs Committee to educate business people on issues of importance to business, and the need to represent the business point of view on these issues. Began work on operational guidelines for the committee, outlining procedures for developing formal policy positions for the Chamber. 10. Met with representatives of Oro Valley resorts to explore ways in which the Chamber might be of more value to them. D. Special Events • The Chamber's Executive Director, at the Mayor's invitation, participated in a very special event for Oro Valley, the annual Conference of the League of Arizona Cities and Towns. • The Chamber's major special event of the quarter was the Northwest Business Expo, listed elsewhere in the report. • A large number of Chamber and community members have been involved for several months in planning the Great Pumpkin Fat Tire Bike Race & Festival, scheduled for October 23. A detailed report will be presented by Committee leaders to the Town Council at its October 20 meeting. E. Summary The Chamber is proud to be a partner with the Town of Oro Valley in the economic development of our area. We appreciate the strong working relationship we have with the Town staff and elected officials, and our staff and leadership are available at any time to discuss the contents of this report with you in greater detail. :I NEW MEMBE? ORIENTATION- Chair, Betty Sieber,Arbonne International Conduct monthly orientation sessions for new Chamber members;work to encourage new members to attend. MEETINGS & MIXERS- Chair,Karen Kol.Desert Gardens Arrange speakers,sponsors and locations for Chamber breakfasts,luncheons and After Hours;continually evaluate effectiveness of Chamber meetings and recommend changes as necessary. THE CHAMBER MARKETPLACE-Chair, Paul Kreul,Diversified Human Resources Establish a formal structure for the Chamber's member-to-member discount programs;provide continual publicity for discounts provided by and to members; encourage members to take advantage of discounts. ZIHOLIDAY PARTY-Chair,Andrew Way,Account Corp Int'l Plan and carry out the Chamber's annual Holiday Party. Name Firm Phone FAX Email Address FAX TO: 742-7960 OR MAIL TO: The Chamber 200 W.Magee,Suite 120 9-17-99 Tucson,AZ 85704 The Chamber of Northern Pima County COMING EVENTS October Business After Hours- Wednesday, October 13 5:00 p.m.- Manpower, 698 E. Wetmore ACTION: Call 297-2191 for your reservation (cost $5) October Networking Luncheon- Thursday, October 14 12:00 noon- Hometown Buffet, 5101 N. Oracle ACTION: Call 297-2191 for your reservation (cost $10) r Small Business Marketing Seminar- Tuesday, October 19 "Marketing- It's Vital To Your Success!" Presenter- Bob Horn, Pima Community College 8:00 am- Arizona Gallery 85 Event Center ACTION: Call 297-2191 for a reservation form ($10) October New Member Orientation- Thursday, October 21 9:00 am- Arizona Gallery 86 Event Center, 5101 N. Oracle ACTION: Call 297-2191 for your reservation (no cost) Great Pumpkin Fat Tire Bike Race 1 Festival- Saturday, October 23 Festivities start at 7:00 am at Catalina State Park ACTION: 1) Sign on as a sponsor (see Brad Steninger) 2) Reserve a Festival Booth space to exhibit your product or service is this is your market. 3) Put it on your calendar and come out to the Festival! October Membership Breakfast- Thursday, October 28 7:00 am- Oro Valley Country Club Sponsor: Coidwell Banker, Miriam Bell Speaker: Sharon Bronson, Chair Pima County Board of Supervisors ACTION: Call 297-2191 for your reservation (cost $12) -Over- TOWN OF ORO VALLEY c ? COUNCIL COMMUNICATION MEETING DATE: 1099 TO: HONORABLE MAYOR& COUNCIL FROM: David G. Hook, P.E. Water Utility Director SUBJECT: Resolution No. (R) 99-10o A Resolution of the Town of Oro Valley, Pima County, Arizona Authorizing and Approving a Contract with WestLand Resources, Inc., to Prepare Improvement Plans for Landscaping Four Sites BACKGROUND: Included in the water utility's budget for FY 99/2000 are capital projects for landscaping improvements at various water infrastructure sites. These landscaping improvements are intended to camouflage/blend in the utility's reservoirs, wells, and boosters and to make these facilities as unobtrusive as reasonably possible. WestLand Resources, Inc. (WestLand)has submitted a proposal for professional engineering services to prepare landscape plans for four sites. WestLand will be working with McGann and Associates, a local landscape architect, who has done work for the Town in the past. WestLand is an engineering firm that has been associated with the Oro Valley Water Utility for the past three years; however, staff from WestLand have performed engineering and consulting services for the private utilities for the past ten and one-half years. The services provided by WestLand is classified as Professional Services, therefore, staff believes that Chapter 3, Section 4-8 of the Town Code and the Town's Standard Operating Procedure No. 2 may be implemented and a contract awarded to WestLand without going through the public bid process. FISCAL IMPACT: Staff included $100,600 in the FY99/00 budget specifically for the construction of block walls and other landscaping improvements at various water plants, which included engineering costs. The contract proposal from WestLand is in the amount of$24,200.00. This amount is for the preparation of plans for four different sites. The construction of walls could be done any time of the year but the planting of trees and shrubs may have to be timed in accordance with recommended practices. Construction of the improvements will go through the public bid process. RECOMMENDATIONS: Staff respectfully recommends award of the contract proposal to WestLand Resources, Inc. in the amount of $24,200.00. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTION: I move to approve Resolution No. (R) 99- 100 A Resolution of the Town of Oro Valley, Pima County, Arizona awarding a contract to WestLand Resources, Inc. to provide landscape improvement plans for four different sites in the amount of$24,200.00. Or I move to ATTACHMENTS: 1. Resolution No. (R) 99- 100 2. Contract Proposal from WestLand Resources, Inc. in the amount of$24,200.00. dor " • er Utility Director OLL/LA-te-)& Town Manager Page 1 of 2 RESOLUTION NO. (R) 99- 100 A RESOLUTION OF THE TOWN OF ORO VALLEY, PIMA COUNTY,ARIZONA AUTHORIZING AND APPROVING A CONTRACT WITH WESTLAND RESOURCES, INC. TO PREPARE IMPROVEMENT PLANS FOR LANDSCAPING FOUR SITES WHEREAS, ORO VALLEY has the requisite statutory authority to acquire, own and maintain a water utility for the benefit of the landowners within and without the Town's corporate boundaries pursuant to the provision of Arizona Revised statute 48-571 et.seq.; and WHEREAS, 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,the Oro Valley Water Utility needs landscaping improvement plans for four sites; and WHEREAS,the Oro Valley Water Utility has included in its budget for FY 99/00 capital projects for landscaping various water plants; and WHEREAS, WestLand Resources, Inc. has provided engineering and consulting services to the utility for the past ten and one-half years; and WHEREAS, ORO VALLEY now finds it necessary to award a contract for professional services in preparing landscape improvement plans for four sites; NOW, THEREFORE, BE IT RESOLVED BY THE ORO VALLEY MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY; PIMA COUNTY, ARIZONA: (R)99-100 Page 2 of 2 1. That the attached Contract Proposal from WestLand Resources, Inc. for preparing landscape improvement plans in the amount of$24,200.00 is hereby approved. 2. That the Mayor of the Town of Oro Valley and other administrative officials are hereby authorized to take such steps as are necessary to execute and implement said agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Pima County, Arizona this 27th day of October , 1999. Mayor Paul H. Loomis ATTEST: APPROVED AS TO FORM: Town Clerk Town Attorney WestLand Resources, lnc. Engineering and Environmental Consultants October 4, 1999 Mr. David Hook, P.E. Water Utility Director ORO VALLEY WATER UTILITY 1565 E. Rancho Vistoso Boulevard, Suite A Oro Valley, Arizona 85737 RE: WATER PLANT NOS. 10, 18, 23, AND 24 LANDSCAPE IMPROVEMENTS WESTLAND PROPOSAL NO.P600.99 Dear David: Per your request, we are pleased to provide a proposal for professional civil engineering. structural engineering, and landscape architecture services required for the design of landscape improvements for Water Plant Nos. 10, 18, 23, and 24. Our scope of services for the landscape improvements of the four water plants will include the following items: 1. Coordination with adjacent homeowners to incorporate their ideas wherever possible into our design. 2. Provide preliminary landscape and irrigation plans to staff for their review. 3. Upon staff concurrence with the preliminary landscape plans, we proposed to present the landscape improvement plans to the Development Review Board. 4. Upon approval of the Development Review Board,we propose to prepare final landscape plans. 5. Upon completion of the final landscape plans, we propose to provide structural engineering designs for the block walls required for the Water Plant 10, 18, and 24 enclosures. 6. Upon completion of the structural designs for Water Plant Nos. 10, 18, and 24, we propose to provide site civil plans for Water Plant Nos. 10, 18, and 24 to prevent erosion at the sites and make minor grading improvements so the proposed walls allow the conveyance of storm water. 7. Upon completion of the Landscape, Structural, and Civil drawings, we propose to incorporate all of the landscape, structural and civil plans, and specifications into one document for public bid. We propose to provide the above-listed items for a lump sum fee of$24,200. If the above scope of work and associated fee is acceptable, please so indicate by signing the enclosed contract. We appreciate the opportunity to submit this proposal for your consideration. If you have any questions regarding the above scope of services or require additional information , please let us know. Respectfully, WestLand Resources, Inc. Thomas A. Martinez, P.E. Project Manager TAM:jc Q\Proposals\600 OV WU landscape prop doc 2343 E. Broadway Blvd., Suite 202 • Tucson, AZ 85719 • 520.206.9585 Fax 520.206.9518 CONTRACT FOR PROFESSIONAL SERVICES Project: Water Plant Nos. 10, 18, 23, and 24 Landscape Improvements 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 proposed to provide professional civil engineering, structural engineering, and landscape architecture services required for the design of landscape improvements for Water Plant Nos. 10, 18, 23, and 24. Our scope of services for the landscape improvements of the four water plants will include the following items: 1. Coordination with adjacent homeowners to incorporate their ideas wherever possible into our design. 2. Provide preliminary landscape and irrigation plans to staff for their review. 3. Upon staff concurrence with the preliminary landscape plans,we proposed to present the landscape improvement plans to the Development Review Board. 4. Upon approval of the Development Review Board, we propose to prepare final landscape plans. 5. Upon completion of the final landscape plans,we propose to provide structural engineering designs for the block walls required for the Water Plant 10, 18, and 24 enclosures. 6. Upon completion of the structural designs for Water Plant Nos. 10, 18,and 24,we propose to provide site civil plans for Water Plant Nos. 10, 18,and 24 to prevent erosion at the sites and make minor grading improvements so the proposed walls allow the conveyance of storm water. 7. Upon completion of the Landscape, Structural, and Civil drawings, we propose to incorporate all of the landscape, structural and civil plans,and specifications into one document for public bid. II. COSTS: WestLand proposes to provide the above scope of services for a lump sum fee of$24,200. III. TERMS AND CONDITIONS 1. CLIENT agrees to cooperate in any and every way or manner with WestLand on the services to be performed 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 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. Q\Proposals'\600 OVWU landscape conc.doc Page 1 of 3 • 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 andior 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,Westl.,and 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. 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 herein. Q:\Proposals\600 OVWU landscape cont doc Page 2 of 3 w • 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 enforced in accordance with the laws of the State of Arizona. Any action arising out of this agreement shall be brought in the Superior 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. 21. 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 Cl,IENT shall be delivered to the Address set forth below the CLIENTS signature on this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement this_ day of . 19 ORO VALLEY WATER UTILITY WestL.and Resources,Inc. Signature: _ Signature: Name: --- __-- Name: Title: _ Title: Principal Street Address: City, State,Zip: - Telephone Fax No. Q'Proposals',O06 OV W U landscape cont'roc Page 3 of 3 CONTRACT FOR PROFESSIONAL SERVICES Project: Water Plant Nos. 10, 18, 23, and 24 Landscape Improvements 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 proposed to provide professional civil engineering, structural engineering, and landscape architecture services required for the design of landscape improvements for Water Plant Nos. 10, 18, 23, and 24. Our scope of services for the landscape improvements of the four water plants will include the following items: 1. Coordination with adjacent homeowners to incorporate their ideas wherever possible into our design. 2. Provide preliminary landscape and irrigation plans to staff for their review. 3. Upon staff concurrence with the preliminary landscape plans, we proposed to present the landscape improvement plans to the Development Review Board. 4. Upon approval of the Development Review Board,we propose to prepare final landscape plans. 5. Upon completion of the final landscape plans,we propose to provide structural engineering designs for the block wails required for the Water Plant 10, 18, and 24 enclosures. 6. Upon completion of the structural designs for Water Plant Nos. 10, 18,and 24,we propose to provide site civil plans for Water Plant Nos. 10, 18,and 24 to prevent erosion at the sites and make minor gradirg improvements so the proposed walls allow the conveyance of storm water. 7. Upon completion of the Landscape, Structural,and Civil drawings, we propose to incorporate all of the landscape, structural and civil plans,and specifications into one document for public bid. II. COSTS: WestLand proposes to provide the above scope of services for a lump sum fee of$24,200. II1. TERMS AND CONDITIONS 1. CLIENT agrees to cooperate in any and every way or manner with WestLand on the services to be performed 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 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. Q'Proposals\600 OVWU landscape cont doc Page 1 of 3 ` 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. 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 herein. Q 1Proposals\600 OVWU landscape cont doc Page 2 of 3 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 enforced in accordance with the laws of the State of Arizona. Any action arising out of this agreement shall be brought in the Superior 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 CLIENTS signature on this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement this day of , 19 ORO VALLEY WATER UTILITY WestLand Resources,Inc. Signature: Signature: Name: Name: Title: Title: Principal Street Address: City, State, Zip: Telephone Fax No. Q\Proposals\600 OVWU landscape cont doc Page 3 of 3 October 27, 1999 Agenda Consent Agenda Item MEMORANDUM #1 (F) 1°° 6:7, }„IH TO: MAYOR LOOMIS FRAN CABALA, COUNCIL MEMBER FROM: CHUCK SWEET, TOWN MANAGER DATE: October 27, 1999 SUBJ: Westland's Contract Proposal — 10/27/99 Agenda In response to your inquiry about the Westland proposal that is on the October 27th, 1999 agenda I have attached a more expansive explanation from David Hook, Water Utility Director (Please see attached memo and specific proposal). As an alternative to the original motion the following alternative suggested motion is presented for your consideration: Alternative Suggested Motion: l(,,, C-94 "I move to deny the Westland contract proposal as presented and direct staff to proceed with the wall, landscaping and related improvements at Water Plant#18 under the Town Manager procurement authority and further direct staff to issue a Request for Proposals for the remainder of the work contemplated." Thank you. CHUCK SWEET TOWN MANAGER Attachment (1) C: Vice Mayor Johnson Paul Parisi, Council Member Wayne Bryant, Council Member David Hook, Water Utility Director 12: 1 1 1-M I-RUM P_ 2 - � r:.x* ti�au CRC VALLEY WATER UTILITY INTEROFFICE MEMORANDUM TO: CHUCK SWEET, TOWN MANAGER FROM: DAVID G. HOOK,WATER UTILITY DIRECTOR DATE: 10-26-99 SUBJECT: WESTLAND'S CONTRACT PROPOSAL ON THE 10-27-99 AGENDA, QUESTIONS FROM MAYOR AND COUNCIL CC: SHIRLEY SENG, WATER ADMINISTRATOR FROY COTA, INTERIM PROJECT MANAGER MARY KOBIDA, WATER OPERATIONS SUPERINTENDENT In response to your inquiry, I offer the following for your information and discussion with Mayor and Council: 11 The proposal from WestLand describes 7 tasks to be undertaken in accomplishing the work. In reviewing the proposal, what is not clear is that WestLand has teamed with 3 other consultants to combine different areas of expertise related to the work. 1 apologize for not clarifying the consultant team in my Council Communication. I have attached a WestLand letter dated 10-26-99 that identifies the cost and task breakdown of the interdisciplinary team. The team consists of the landscape architect (McGann), the structural engineer (BKS), the surveyor (Cardinal) and the civil engineer(WestLand). ■ Professional services such as are being provided by WestLand and their subconsultants are exempt from typical bidding procedures. I have attached a copy of a section of the Town Code and a copy of a section of the Town's SOP's that address this specific point. One of the sites to be addressed by WestLand via this contract is Water Plant#18, the new well, booster and reservoir site on the south side of Naranja Road just west of First Avenue. As you are aware, the high visibility of this site has made the installation of the wall and landscaping a high priority for the OVWU. Given the nature of the questions being posed to you by Mayor and Council regarding this contract, I am concerned that the award of the work may be delayed, further delaying our desire to dress up this site. With this in mind, l offer the following as an alternative motion for Mayor and Council to consider if they are hesitant to award the contract to WestLand as presented: "I move to deny the WestLand contract proposal as presented, to direct staff to proceed with the wall, landscaping and related improvements at Water Plant#18 under the Town Manager's authority and to direct staff to issue an Request for Proposals for the remainder of the work." i U—' 7-1 YY 12: 1 1 FROM P. 3 Oct-27--99 C17 :4 3A West.La,,d Resourccks 520-205►--95►18 P.01 Wes t La rid R e o u rets, I tic. Inyutieeci i ti d ti)vutannepiot `a:��ul�patit OCIol'scr 26, 1999 _ _ ICKFAX-0111gui O: ter*► From: Zeer,y, W, 0./ . �. Mr. L)dvad l look.!'.1•., -,� - - Oro Valley Wiiti r Ut�(uy - 1'IYOt� / 0._ IhOM ,M 1565 East Rancho Vtstoso ivcl., :Suitt!A Oro Valley,AL 85737 , KE: wA•%1.Rt PLANT NOS. 10,18,23,AND 24 1 ANDS(•APE PROPOSALS COST BREAKDOWN WESTLAND JO•OH N ..206.02 Dear Mr. Kook: The following letter is in response to a request t'rom Froy C'ota of your of{icc for a cost breakdown for WestI_and Resources. Inc. (West!And)Proposal No. r(VO.99, ckiicc3 t)cu,bcr 4, 1909. As you are aware, there are several subconsultant',required to perform the required work, along with Wt stt_lnd staff. The ►ulicort_fiult$rits included within our proposal include Mct;3,211 & Assoctatcs fur Prorc.,innal Land:ccai e Archueciure wrvice , 1lKS engineers for Professional Structural Engineering services, C';srciinal Land Surveying for t'rufessional 1-and Surveying, and WcstLanjl fur siic civil drawings and prepurutum or contract documents per Fown,of Ciro Valley(TOV)st ndurds. Thy fullow ing is a ticeal down of the total costs for our proposal by con5uli:int: (.'uta'sultans Cos! McCsann A',c,ciutes $8,000.00 13 K S Ligi nc-c-r` $6,000.90 Cardinal Land Surveying $2,200.00 West! Resources,i c.-. $8,000.00 Total $24,200.00 Our proposal hits ntcntifieci,even tasks to be performed. The following is a listing of which consultants will be involved with the seven individual tasks: TASK 1: McGann&Associutcs,SVtsti,and Resources,Inc. Coordination with adjacent homeowner to incorporate their ideas wherever possible into our design. TASK 2: McCann 14 Associates,Westland Resources,(ne. Provide preliminary landscape and imgatian plans.in gaff for their review. TASK 3: A1c(aun R Assuciate'o.West[.and Resources,inc. Upon ,s•tafi c nctu-rence with the preliminary landscape plans, we proposed to prescnt the landscape improvement plan',to the Development Review Board. FILE •.• 1 V% ttf,ii `u �,. 40,! i nt,UUtt, ltd 31'.119 • ',,o•1(11, 9 ,ISS hax ‘J.!(1•)(11,961 1( - 12: 12PM FROM P. Oct-27-99 07:43A WestLand Resour-t. s 520-206-9518 P.0Z \'Ir. Davit 114101, t)c t ilio 26, 1')9'1 Page 2 TASK 4: McGann Si,Associates E)ion approval of t1w I)cvelopnicnt Rc:vtew iii.usrd, we propo•r to prcparc tint Iinds ape plain.. "I-ASk 5: WO; Fngineerc,t7ardina1 Land Surveyiuv Upon completion of the final landscape plans. wc: prt,t o e to provide struclur3l engineering designs for Ow block wal}r required fur the Water Plr nt Nos. ltf, 1R.311d 24 enclosures. TASK 6: WvstI.and Rtstburces,the. Upon e;M1n1plct1un of the structural designs for Water 1'l,ant Nos. 10, 1 A,and 24. we propose to pi Ovide site civil plans f ni Watcr Plant Nos 10. 18. and 24 In prot nt Lrosio l :ti the sites and make mm in grading iitiprovcnients so the proposed wills allow the convcyancc of&tom waiter. TAah 7: West!.attd Itcsuu rce c,liw. Upon completion of the Landscape. Struc:tclral, and C_t%ii drawing,we proposc to incorporate all of the 1JHdccapc,structural and civil pfan,,,4nd SjecilicatLin>S ill(() 4oCunicnl frni public bed. If you have any queStioth regarding this cost breakdown or if you lived additional mformation, please give tis a cab_ Ret;pcetftul ly WestLarzd Resources, inc. I kiOnattAni Thomas A.Martinez,p.r. Project fvS.tu agtr IAM:jc U- /-II2: i2kM I^!-SUM P. 5 • 3-4-11 3-4-5 Performance Bond the authority to sell all supplies and. The purchasing agent shall have the equipment which cannot be used or which authority to require a.performance bond, in have become unsuitable for town use, or to cash or otherwise, for such amount as he exchange the same for or trade in the same may deem sufficient to secure the execution for new supplies and equipment in of the contract for the best interest of the accordance with applicable state statutes. town. 3-4-10 Signatures on Checks 3-4-6 Emergency Purchases Ail checks for expenditures of town In case of an emergency which requires monies for an amount of less than$500 shall immediate purchases of supplies or services bear one signature of either the Town and when time is of the essence, the mayor Manager, Town Clerk or Finance Director. shall be empowered to authorize the All checks for expenditures of town purchasing agent to purchase or secure monies for an amount equal to or greater services without complying with the than $500 shall bear two signatures of either procedures of this article. A full report in the Town Manager, Town Clerk or Finance writing of the circumstances of any Director. emergency purchase shall be filed by the The Mayor and Vice-Mayor may serve as agent purchasinga ent with the town council at its a signator for any expenditure in the absence next meeting. of the Town Manager, Town Clerk or Finance Director. (Amended 8/18/93) 3-47 Forms and Rules The purchasing agent shall prescribe and 3-4-11 State Preemption maintain such forms and rules as he shall Notwithstanding any other portion of this find necessary for the operation of the article, in the event any purchase or contract Provisions of this article. falls within the definitions for limitations of ARS, 34-201 et seq., as amended, the 34-8 Professional Services 8 Unless required by the council, the provisions, requirements and specifications of the relevant portions of the Arizona bidding and other requirements of this article - Revised Statutes shall supersede this chapter shall not apply to professional services.Such and control any such bidding procedures. services shall include, but not be limited to, the following: physicians, attorneys, ARTICLE 3-5 PLANNING AND engineers, architects and similar professions. ZONING 3-4-9 SurSuppliesr lus and 3-5-1 Planning and Zoning Commission All departments and offices shall submit 3-5-2 Town Zoning Code to theurchasin agent, at such time, and in 3-5-3 Planning and Zoning Director P g such form as he shall prescribe, reports 3.5-4 Development Review Board . .._ showing all supplies and equipment which 3-5-5 Board of Adjustment are no longer used or have become obsolete or worn out.The purchasing agent shall have 3 - 9 OV . Dto A 0,0&---- 10-27-1999 12= 13PM FROM R 6 t 2. Upon recommendation of the Town Manager, the Council may elect to waive the bid procedures with respect to the purchase of used equipment. 3. In the event of a purchase made by, through, or with the State of Arizona or its political subdivisions, the Town Manager may Y approve such purchases or award such contracts for services without a formal bidding process whenever other governmental units have done so for the same item or service if, in the opinion of the Town Manager, a separate bidding process is not likely to resolve any lower price for such items or services. State contract purchases and the federal government's General Services Administration (GSA) purchases and Houston-Galveston Area Council purchases in excess of $10,000 need not be submitted to Council for approval but are restricted to budgetary items. 4. All procurements for the sum of $10,000 or more and as outlined in this paragraph are subject to approval by the Town Council except purchases made under state contract and the federal government's General Services Administration (GSA) and Houston-Galveston Area Council. G. Performance Bonds The Town Manager shall have the authority to require a performance bond, in cash or otherwise, for such amount as he may deem sufficient to secure the execution of a contract for the best interest of the Town. H. Emergency Purchases In case of an emergency which requires immediate purchases of supplies or services costing $10,000 or more and when time is of the essence, the Mayor shall be empowered to authorize the Town Manager to purchase or secure goods or services without complying with the bidding procedures of this article_ A full report in writing of the circumstances of any emergency purchase shall be submitted by the Town Manager to the Town Council at its next meeting. ifci. Professional Services 0 Unless required bythe Council, bidding q nc� , the bidding and vendor quotation 4-32A. /1/ requirements of this SOP shall not apply to professional services. Such services shall include, but not be limited to the following: 5 I KUM P./ - 7 medical, legal, engineering, architectural, financial and similar services. J. Dis•osition of Ca•ital Assets and Minor E•ui•ment All departments and offices shall submit to the Town Manager, at such time, and in such form as he shall prescribe, reports showing all capital assets and minor equipment which are no longer used or have become obsolete or worn out. The Town Manager shalt have the authority to sell such items reported as unsuitable for Town use, or to exchange the same for, or trade-in the same for replacement equipment in accordance with applicable state statutes. K. Written Contract Requirements Generally, a written contract should be prepared by the Department Head for the procurement of professional services, capital improvements and maintenance services. Contracts in an amount of $10,000 or more require the Town Attorney's review as to form and content and the signature of the Town Manager, Department Head and Town Attorney to be fully executed. Contracts in an amount of less than $10,000 require the signature of the Department Head to be fully executed. L. Contract Change Orders and Supplemental Agreements Occasionally during the performance of services outlined in the contract, it may be necessary to execute a change order to the contract. Contract change orders for capital improvements and maintenance services may be executed, but the aggregate of all such change orders shall not exceed 20% of the original contract amount. Change orders for engineering design services may be executed, but the aggregate of ail such change orders shall not exceed 20% of the original contract amount. Contract change orders may only be executed when the scope of the work to be performed under the change order is incidental to the prosecution of the work being performed under the original contract. M. State Preemption Notwithstanding any other portion of this SOP, in the event any purchase or contract for purchase falls within the definitions for limitations of A.R.S. § 34-201 et seq., as amended, the provisions, requirements, and specifications of the relevant portions of the t� 6 October 27, 1999 Agenda Consent Agenda item MEMORANDUM #1 (F) TO: MAYOR LOOM IS FRAN LASALA, COUNCIL MEMBER FROM: CHUCK SWEET, TOWN MANAGER DATE: October 27, 1999 SUBJ: Westland's Contract Proposal — 10/27/99 Agenda In response to your inquiry about the Westland proposal that is on the October 27th, 1999 agenda I have attached a more expansive explanation from David Hook, Water Utility Director (Please see attached memo and specific proposal). As an alternative to the original motion the following alternative suggested motion is presented for your consideration: Alternative Suggested Motion: "I move to deny the Westland contract proposal as presented and direct staff to proceed with the wall, landscaping and related improvements at Water Plant#18 under the Town Manager procurement authority and further direct staff to issue a Request for Proposals for the remainder of the work contemplated." Thank you. AO • CHUCK SWEET TOWN MANAGER Attachment (1) C: Vice Mayor Johnson Paul Parisi, Council Member Wayne Bryant, Council Member David Hook, Water Utility Director W a!Y`ta49a5✓ rs - i —ter ORO VALLEY WATER UTILITY INTEROFFICE MEMORANDUM TO: CHUCK SWEET, TOWN MANAGER FROM: DAVID G. HOOK, WATER UTILITY DIRECTOR DATE: 10-26-99 SUBJECT: WESTLAND'S CONTRACT PROPOSAL ON THE 1047-99 AGENDA, QUESTIONS FROM MAYOR AND COUNCIL CC: SHIRLEY SENG, WATER ADMINISTRATOR FROY COTA, INTERIM PROJECT MANAGER MARY KOBIDA, WATER OPERATIONS SUPERINTENDENT In response to your inquiry, I offer the following for your information and discussion with Mayor and Council: 11 The proposal from WestLand describes 7 tasks to be undertaken in accomplishing the work. In reviewing the proposal, what is not clear is that WestLand has teamed with 3 other consultants to combine different areas of expertise related to the work. I apologize for not clarifying the consultant team in my Council Communication. I have attached a WestLand letter dated 10-26-99 that identifies the cost and task breakdown of the interdisciplinary team. The team consists of the landscape P architect (McGann), the structural engineer (BKS), the surveyor (Cardinal) and the civil engineer(WestLand). ■ Professional services such as are being provided by WestLand and their subconsultants are exempt from typical bidding procedures. I have attached a copy of a section of the Town Code and a copy of a section of the Town's SOP's that address this specific point. One of the sites to be addressed by WestLand via this contract is Water Plant#18, the new well, booster and reservoir site on the south side of Naranja Road just west of First Avenue. As you are aware, the high visibility of this site has made the installation of the wall and landscaping a high priority for the OVWU. Given the nature of the questions being posed to you by Mayor and Council regarding this contract, I am concerned that the award of the work may be delayed, further delaying our desire to dress up this site. With this in mind, I offer the following as an alternative motion for Mayor and Council to consider if they are hesitant to award the contract to WestLand as presented: '1 move to deny the WestLand contract proposal as presented, to direct staff toP roceed with the wall, landscaping and related improvements at Water Plant#18 under the Town Manager's authority and to direct staff to issue an Request for Proposals for the remainder of the work." Oct-27-99 07 :43A WestLand tacsourccs 520-Z06-S618 P.01 WctLa ri d Reourccs, i Fritiitieethiq uHd tnvitpnvivoial (alisullIlntt Octohcr 26, 1'199 - - * QUICK FA)Comosagegi o: S frl' •-- From: Zer,y, Mr. ()Avid llook. -1'.t•.. _. _ .._.. Oro Valley Wait-r Utility 926'''44.7/ aai.thorwr 6/rg. I565 East Rancho Vtstoso L-410., SuiteA P h e" 021e4-4 Oro Valley.AL 85737 E-MAll WA-MR PLANT NOS. 10,18,23,ANIS 24 I,A DS(APE PROPOSALS COST BREAKDOWN WESTLANI)JC) 4 NO.206.02 Dear Mr. Hook: The t:,llow%ng letter is in response to a request from Fray Cota of your office for a cast breakdown for WestLand Resources, Inc. (Westt.and)Proposal No. PG00.99, dated 04;i4)61.7 4, 1999. As you are aware, there are several subconsultants required to perform the required work, :,lent; with Westi_lnd staff. The Nub ort_cultants included Within our proposal include Mct;ann & Associates fur )'rofv ,iiuial Landscape Architecture crvice•, 13KS Engineers for Profcs-siunat Structural Engineering SCTViCCS, CArdinal Land Surveying for Professional Land Surveying, and WcstLand fur site civil drawings and prcparutium of contract documents per l owii of Oro Valley(TOV)standards. Thifi,llow tog is a breakdown of ttk total costs for our proposal by consultant: C•uttsnitant Cult Mc(J nn& ASu,cuatc• $$,000.00 13 K S Liig nct-r• 56,000.90 Cardinal Land Surveying $2,200.00 Wc,t i.:sni1 Resources,Vic. SR,000.00 Total $24,200.00 Our proposal has identified Seven tasks to be perforrntxi. The following is a listing of which concultants will be involved with the seven individual tasks: TASK 1: McGann&Associates,W stl,Yitd Resources,Inc. Coordination with adjacent homeowrwrs to incorporate their ideas wherever possible into our design. TASK 2: McCann&Associates. Westi.ac►d Resources,inc. Provide preliminary landscape and irrigation plan.to staff for their cc;view. TASK 3: Nief:snn 8-Associates.W.sti_And Resources,Inc. Upon .iaff concurrence with the preliminary landscape plans. we p opo.ed to present the landscape- improvement plan,'hi the Development Review Board. FILE 1 f 3 i 1.. itt•,-.dti►av ttt.di . `L1it► `0. • t t«.utt. /id 8'.119) • 7,1O•)(i1,•'11,Bc f'.tx ',.!(1•)(11,451K r _ L. Oct-27-99 07:43A WestLand Rssour-ccs 520-206-9515 P,02 Vir. ()Avid 144101, ()c toi iv 26, 1')9'l I';. 2 TAsK 4: McGann& Associates ;tpprovat of tlw 1)cvelopmcnt Rcview}1o:srcl, we propose-to prcpurc final land%cape p1;in•. "fast:5: I4IS F uginerrc,Cardinal I,and Sur-veviug lt�c�n complclton of the final landscape plans. uc; prupose to provide struciur3l ei)glncersng designs for thy block wall:recit,trrd for the Watcr Plant Nos. 10, IR.alld 24 enclosut-cs. TASK ti: Wtstl.artd Resources,Lne. Upon completion of the structural designs Air Water 1'l:,nt Nos. 10, IA,and 24. we to opose to pi Ovide site civil plan. f i Water Plant Nos 10. 18. and 24 to prevent erosion at the sites and nl,-tkc minon grading gsnprovcment%so the TriIposed walls allow the conveyance of&tom w;i1 -r. TA 7: West!.and l(esuurces,Isle. Upon completion of the Landscape, Structural, and Civil drawings, we propose to incorporate all of the 1aridscapc, .tructural and civil pfari , ind specifications into«ne tiocttnicr n fm.public:hid. If you have any questions regatdurg this cost breakdown or if you aired additional mfor nlaTion. plc-ase give its 3 C311. Respcetfully. We stLancl K ccouree5, Inc. I kkonatsAll Thoma A_Martinez,P.['. Project Manager 9 1,,1.E+ru.•) 1 W1, trp�l..v IMrALI..�...L.•� 3-4-11 3-4-5 Performance Bond the authority to sell all supplies and The purchasing agent shall have the equipment which cannot be used or which authority to require a performance bond, in have become unsuitable for town use, or to cash or otherwise, for such amount as he exchange the same for or trade in the same may deem sufficient to secure the execution for new supplies and equipment in of the contract for the best interest of the accordance with applicable state statutes. town. 3-4-10 Signatures on Checks 3-4-6 Emergency Purchases All checks for expenditures of town In case of an emergency which requires monies for an amount of less than$500 shall immediate purchases of supplies or services bear one signature of either the Town and when time is of the essence, the mayor Manager, Town Clerk or Finance Director. shall be empowered to authorize the All checks for expenditures of town purchasing agent to purchase or secure monies for an amount equal to or greater services without complying with the than $500 shall bear two signatures of either procedures of this article. A full report in the Town Manager, Town Clerk or Finance writing of the circumstances of any Director. emergency purchase shall be filed by the The Mayor and Vice-Mayor may serve as purchasing agent with the town council at its a signator for any expenditure in the absence next meeting. of the Town Manager, Town Clerk or Finance Director. (Amended 8/18/93) 3.4.7 Forms and Rules The purchasing agent shall prescribe and 3-4.11 State Preemption maintain such forms and rules as he shall Notwithstanding any other portion of this find necessary for the operation of the article, in the event any purchase or contract provisions of this article. falls within the definitions for limitations of A.R.S. 34-201 et seq., as amended, the 8 3-4-8 Professional Services provisions, requirements and specifications Unless required by the council, the of the relevant portions of the Arizona bidding and other requirements of this article Revised Statutes shall supersede this chapter shall not apply to professional services. Such and control any such bidding procedures. services shall include, but not be limited to, • the following: physicians, attorneys, ARTICLE 3-5 PLANNING AND engineers, architects and similar professions. ZONING 3.4-9 Surplus Supplies and Equipment 3-5-1 Planning and Zoning Commission All departments and offices shall submit 3-5-2 Town Zoning Code to the purchasing agent, at such time, and in 3-5-3 Planning and Zoning Director such form as he shall prescribe, reports 3-5-4 Development Review Board . showing all supplies and equipment which 3-5-5 Board of Adjustment are no longer used or have become obsolete • or worn out.The purchasing agent shall have 3 - 9 (4.)V dWf1 7 1 • 2. Upon recommendation of the Town Manager, the Council may elect to waive the bidrocedures with respect sped to the purchase of used equipment. 3. In the event of a purchase made by, through, or with the State a#e of Arizona or its political subdivisions, the Town Manager may approve such 9 pp purchases or award such contracts for services without a formal bidding process whenever other governmental units have done so for the same item or service if, in the opinion of the Town Manager, a separate bidding g process is not likely to resolve any lower price for such items or services. State contract purchases and the federal government's General Services Administration (GSA) purchases and Houston-Galveston Area Councilurchases in excessP of $1 0,000 need not be submitted to Council for approval but are restricted to budgetary items. 4. All procurements for the sum of $10,000 or more and as outlined in this paragraph are subject to approval bythe Town Council except purchases made under state contract and the federal government's General Services Administration (GSA) and Houston-Galveston Area Council. (GSA) G. Performance Bonds The Town Manager shall have the authority to require performance ineq a bond, cash or otherwise, for such amount as he maydeem em sufficient to secure the execution of a contract for the best interest of the Town. H. Emergency Purchases In case of an emergency which requires immediate purchases of . supplies or services costing $10,000 or more and when time is of the essence, the Mayor shall be empowered to authorize the Town Manager to purchase or secure goods or services without complying with the bidding procedures of this article_ A full report in writing of the circumstances of any emergency purchase shall be submitted by the Town Manager to the Town Council at its next meeting. Professional Services 0 Unless - • required by the Council, the bidding and vendor quotation requirements of this SOP shall not apply to professional services. 1./ Such services shall include, but not be limited to the following: / - medical, legal, engineering, architectural, financial and similar services. J. Disposition of Capital Assets and Minor Equipment All departments and offices shall submit to the Town Manager, at such time, and in such form as he shall prescribe, reports showing all capital assets and minor equipment which are no longer used or have become obsolete or worn out. The Town Manager shall have the authority to sell such items reported as unsuitable for Town use, or to exchange the same for, or trade-in the same for replacement equipment in accordance with applicable state statutes. K. Written Contract Requirements Generally, a written contract should be prepared by the Department Head for the procurement of professional services, capital improvements and maintenance services. Contracts in an amount of $10,000 or more require the Town Attorney's review as to form and content and the signature of the Town Manager, Department Head and Town Attorney to be fully executed. Contracts in an amount of less than $10,000 require the signature of the Department Head to be fully executed. .110 L. Contract Change Orders and Supplemental Agreements Occasionally during the performance of services outlined in the contract, it may be necessary to execute a change order to the contract. Contract change orders for capital improvements and maintenance services may be executed, but the aggregate of all such change orders shall not exceed 20% of the original contract amount. Change orders for engineering design services may be executed, but the aggregate of ail such change orders shall not exceed 20% of the original contract amount. Contract change orders may only be executed when the scope of the work to be performed under the change order is incidental to the prosecution of the work being performed under the original contract. M. State Preemption, Notwithstanding any other portion of this SOP, in the event any purchase or contract for purchase fails within the definitions for limitations of A.R.S. § 34-201 et seq., as amended, the provisions, requirements, and specifications of the relevant portions sof the { 6 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 1999 TO: HONORABLE MAYOR & COUNCIL FROM: Bayer Vella, Senior Planner SUBJECT: DRAWING TO CHOOSE A LUCKY WINNER FROM A POOL OF ENVIRONMENTAL SENSITIVE LANDS ORDINANCE SURVEYS BACKGROUND: To facilitate development of the Environmentally Sensitive Lands Plan and Ordinance, Town staff conducted a random mail survey of 3,500 residents. Staff organized a drawing for a prize in order to provide an extra incentive for citizens to participate. We were very fortunate that Mr. Richard Underwood and Triple AAA Landscaping donated a 24" boxed mesquite tree as a prize. Even though 67 surveys were not delivered due to faulty addresses, 984 of the randomly mailed surveys were returned. Incidentally, 52 additional surveys were filled out by visitors to Town Hall and various events. We are pleased to report a rate of 28.66% from the random sample/mailing effort. As you may be aware, a 15% return rate is mandatory for a survey to be considered valid. The information gathered in the surveys will be utilized to guide the development of the Plan and Ordinance. It will provide a general baseline of information for decisionmakers. The data is currently being tabulated. At a later date, staff will present the survey results to the Council. REQUESTED ACTION: Staff requests that the Mayor and Council choose a lucky winner and recognize Richard Underwood and Triple AAA Landscaping for donating a tree. /h. R 0 Pl. ri d Zoning Administrator Community Development Director Town Manager F:\PROJECTS\ESLO\Survey\Survey Drawing by Council.doc 4 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 27, 1999 TO: HONORABLE MAYOR & COUNCIL FROM: Bryant Nodine, AICP, Planning and Zoning Administator SUBJECT: 2000-01 CAPITAL IMPROVEMENT PLAN — RATIFICATION OF TECHNICAL ADVISORY COMMITTEE AND APPOINTMENT OF A COUNCIL MEMBER BACKGROUND: The CIP is the method by which Oro Valley will determine future infrastructure requirements and plan the financing of facilities and equipment to provide services over a five-year period. Capital Projects are those which: • cost over $10,000, • have an expected useful life of two years or more, and • become an asset of the Town. The process will follow that of previous years with a technical advisory committee (TAC) to analyze Community needs, conduct public outreach, provide a means for evaluating projects, and develop a prioritized CIP. The schedule and components of the CIP are: October Project requests submitted to Staff. TAC reviews requests and sets the process November TAC holds public workshops on request lists and goals December Council adopts goals and reviews request list January TAC prioritizes requests and recommends 2000-01 capital improvement expenditures February CIP reviewed by Commission and adopted by Council RECOMMENDATION: Staff recommends ratification of the attached TAC membership list, and the appointment of a representative/s from public and Council. Two citizens have applied to serve on the TAC Dick Izen and Dave Williams a current Citizen Planning Institute member. SUGGESTED MOTION: I move to ratify the attached list of Capital Improvement Plan Technical Advisory Committee members and I appoint the following citizens and to represent the Town Cy cil. ATTACHMENT: cij 1. Proposed Technical Advisory Committee Planninr4 Zoning Administrator FAPROJECTS\CIP\2000-01\OOCIPTC 1.doc Community Deve • i ment Director Town Manag r ORO VALLEY CAPITAL IMPROVEMENTS PLAN TECHNICAL ADVISORY COMMITTEE David Andrews, Finance Director Kathi Cuvelier, Town Clerk Todd Jaeger,Amphitheater School District Bill Jansen, Public Works Department Ron Koslowski,Fire Advisory Committee Doug White, Parks and Recreation Advisory Board Ainsley Reeder, Parks and Recreation Administrator Charlie Lentner, OVPD Bill Partridge, Planning and Zoning Commission Dan Dudley, Town Attorney Brent Sinclair, Community Development Director Chuck Sweet, Town Manager Jim Vogelsberg, Development Review Board , Town Council , Public Support Staff: Bryant Nodine, Planning and Zoning Administrator Bayer Vella, Senior Planner Mary Rallis, Accountant II Jeff Wier, Economic Development Administrator Facilitator: Nina Trasoff,Nina Trasoff and Associates F:\PROJECTS\CIP\TAC.LST ' TOWN OF ORO VALLEY COUNCIL COMMUNICATION _5 MEETING DATE: October 27, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: Dennis Silva, Jr., Planner I SUBJECT: RESOLUTION (R)99 101- OV9-95-20 KAI PROPERTY DEVELOPMENT AGREEMENT EXTENSION LOCATED AT THE SOUTHEAST CORNER OF TANGERINE ROAD AND NORTH FIRST AVENUE BACKGROUND: The Kai property was annexed as part of the Peninsula annexation in 1994. Resolution No. (R)94-49 for the Kai property development agreement was adopted by the Oro Valley Town Council on October 26, 1994. The 301-acre property is located on the southeast corner of Tangerine Road and North First Avenue. The current development agreement allows not more than 1,300 dwelling units, a golf course, hotel and related uses, and retail establishments. Based on the conditions, the development agreement shall automatically terminate on the 5th annual anniversary of the date of the execution of the development agreement which is November 3, 1999. SUMMARY: Planning Resources, representing the property owners, has requested that the Town extend the development agreement for one year, to October 26, 2000, within which time the applicant will process and present a PAD to the Planning and Zoning Commission and Town Council. The current development agreement stipulates that the PAD should only be subject to the ordinances that were in effect at the time of annexation in 1994. The applicant has been working with representatives of Palisades South, Palisades Point, Catalina Shadows, and other properties within and adjacent to the Kai property in preparation for the PAD submittal for Town review and approval. However, to complete the PAD with the input necessary, the applicant needs more time and not be under the pressure of the deadline imposed by this resolution. Staff received three letters on the proposed development agreement extension. Two letters are in support of the development agreement extension and one letter is opposed. Road improvements will occur along Tangerine Road and North First Avenue. Staff recommends that the property owner be responsible for future road improvements in this area. GENERAL PLAN COMPLIANCE: The General Plan land use designation for the subject property is Master Planned Communities and has a pre- annexation agreement of PAD with High Density Residential (HDR). The General Plan states that this land use designation will encourage the protection of major washes and sensitive environmental areas. The application of current ordinances to the proposed PAD will ensure compliance with the General Plan. RECOMMENDATION: Staff recommends denial of the proposed development agreement extension, but if the Mayor and Council approves the extension, all current ordinances should apply to the property including the list of ordinances below that were not in place in 1994. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 ➢ Riparian Habitat Protection Overlay District ➢ Cultural Resource Preservation ➢ Golf Course Overlay Zone ➢ Hillside Development Zone ➢ Grading ➢ Design Guidelines SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to deny Resolution (R)99-1010V9-95-20 Kai Property Development Agreement Extension, finding that: OR I move to approve Resolution (R)99013V9-95-2Opp Kai Property Development Agreement Extension with the conditions attached as Exhibit "A." OR 1 V - 5-20 Kai Property Development Agreement Extension with the I move to approve Resolution (R)99-100 9 9 p y p g conditions attached as Exhibit "A" and the following added conditions: ATTACHMENTS: 1. Resolution (R)99- 101 2. Request for Time Extension on Rezoning 3. Citizen Response Pla 112 and Zoning Administrator C. u ity Dev= opment Director Town Mana_ F:\OV\OV9\1995\9-95-20\EXTTCRPT.doc 4 RESOLUTION NO. (R)99-101 A RESOLUTION EXTENDING THE DEVELOPMENT AGREEMENT FOR ONE YEAR FOR THE KM PROPERTY, LOCATED AT THE SOUTHEAST CORNER OF TANGERINE ROAD AND NORTH FIRST AVENUE WHEREAS, the Kai property, approximately 301 acres in size, was annexed into the Town of Oro Valley in 1994; and WHEREAS, that the subject real property development agreement has been approved by Resolution on October 26, 1994 by the Town and executed by both parties on November 3, 1994; and WHEREAS,the development agreement terminates on November 3, 1999. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1: That certain real property, known as the Kai property development agreement, be extended for one year subject to those conditions in Exhibit A, stipulations, plan for development and all other conditions of approval established. SECTION 2: That all ordinances and parts of ordinances in conflict herewith are and the same is hereby repealed to the extent of such conflict. SECTION 3: That this resolution and the various parts thereof are hereby declared to be severable. If any section, sub-section, sentence, clause, word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. SECTION 4: That the development agreement extension automatically expires on November 3, 2000. 1 ti , 101 RESOLUTION NO. (R)99- (Continued) PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona,this 27th day of October, 1999. Paul H. Loomis,Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley,Town Attorney • a EXHIBIT "A" TOWN COUNCIL CONDITIONS FOR APPROVAL OV9-95-20 KAI PROPERTY DEVELOPMENT AGREEMENT EXTENSION 1. All current ordinances in the Oro Valley Zoning Code Revised (OVZCR) shall apply to the PAD for the Kai property. 2. The property owner shall be responsible for future road improvements along Tangerine Road and North First Avenue which pertain to the proposed PAD. i 1.700 N. i of Drive Oc - .. 1999 Oro Valley. Arizona 85737 October 2. 1999 Mr. Bryant Nodine and Ms. Valerie Feuer Planning and Zoning Department Town of Oro Valley 11.000 N. La Canada Drive Oro Valley. Arizona 85737 Dear Mr. Nodine. and Ms. Feuer. it has come to my attention that the pre-annexation agreement governing the Kai,Capri Company proper~- is due to expire on October _6. This property is a 245 acre parcel whic: lies east of First Avenue between Tangerine Road and Narania Drive. ?thou it.was annexed -.-.�) the Town on December 10. 19q4 under T-P. R-6. and RI-14 ; zoning. the zoning has reverted bac:; to R 44 effective September 16. 199 (see attached letter from Chuck Sweet dated August 2~. During the update of the General Plan in 19%. :he property was designated Master Planner Community (with the exception of a small parcel). due to the pre-annexation agreement. It is my understanding that Mr. Carl Winters. representing the Kai family. has filed for a one-Year extension on that agreement. He has stated that this extension is necessary for them to work out details of their development plan. After five Years. however. i do not believe that renewing this agreement := in the best interests of the Town or the adiacent neighbors. for the reasons outlined below. First. pre-anne xation agreements take away the rights of the citizens to evaluate zoning changes in the normal way. through detailed and open public hearings. The agreement states in Section 1.5 the Town will approve the proposed Master Plan and expedite approval and granting of permits. site pians. zoning applications. plats and other development matters consistent with caving out the Master Plan.- With the ore-annexation agreement in place. the citizens will have no standing in approving or disapproving the required zoning changes or the resulting land use designations. We would like to have the ability to comment on the project when it is actually going to be developed. Second. the pre-annexation agreement states that the development plan should only be subiect to the ordinances and rules that were in place at the time of annexation in December 1994. This is stated in section 2.3 "the rules. ordinances, building code. regulation_ fee schedules. and � ; n c� a ? (T a official policies of the Town governing the development of the Property are those existing for the Town on the date of the Agreement." It would be totally inappropriate to allow a property to be developed now and.'or several years into the future under ordinances and building codes that were in affect in 1994. We have new andior improved ordinances such as the Golf Course Overlay, the Riparian Ordinance. Hillside and Grading Ordinances, Design Guidelines, and Native Plan Protection Ordinance as well as new fee schedules in place now which should apply to this property. Third. the neighborhoods surrounding the proposed Master Planned Community have low density designations with the exception of the Catalina Shadows neighborhood directly east of this parcel. I do not believe that apartments. a 150-room hotel. offices, and a retail center represent an appropriate land use when placed in the middle of RI-144 and R1-36 neighborhoods which currently line the rest of First Avenue and the western half of Palisades Drive. We do not live on Oracle Road or near large parcels zoned Commercial. Currently, our neighborhoods are very rural in nature and our property values could be seriously impacted if our view of Pusch Ridge is blocked by retail businesses, apartment buildings, and their associated lights. A similar low density development would be more in keeping with the character of the neighborhood and also the hilly terrain of the property itself. The town allowed the disastrous situation which occurred with the Monterra Knolls subdivision to the west of us as part of this same annexation. Don't allow a similar afront to our neighborhood to occur to the east. Fourth, it seems premature to continue to vest the owners with the rights for a golf course and golf casitas which may never get built. Currently. future golf courses must be watered by alternative sources which are not and may not be available in Oro Valley. In addition, the placement of the golf course within the two washes on the property may require Federal permits which may not be forthcoming. In light of the County's Sonoran Conservation Plan and the Town's future ESLO and the current Riparian Ordinance. I believe that the golf course as it is currently situated would not be allowed. A related issue that should be resolved is that of access to the CDO Wash via a trail that current exists adjacent to the wash. This would be particularly important to the people with horse property immediately to the north of the wash. Finally. I believe that the current residents of First Avenue and Palisades, including those in Tangerine Hills and Tangerine Meadows. would welcome a chance to fully comment on a development plan for a Master Planned Community on the Kai/Capri Property. They should be assured that it will fit into the current neighborhoods and follow all applicable current Town ordinances. This can only be done if the pre-annexation agreement is allowed to expire. Most of our right to comment on this property was given away with the pre-annexation agreement. This is about to expire and should not be renewed. Don't take away our rights all over again by granting an extension to this agreement. I request that a copy of this letter be attached as public comment to Town correspondence which will deal with the consideration of the extension of the pre-annexation agreement by staff and • the council. Sincerely, Patty Estes C: Brent Sinclair Paul Loomis Chuck Sweet Fran LaSala Wayne Bryant Dick Johnson Paul Parisi o CC -` ti C : - 1, TOWN OF ORO VALLEY = 11000 N. LA CANADA DRIVE .., ► ORO VALLEY, ARIZONA 55737 Aemincstrative Offices(520)297-2591 Fax(520)297-042e ^JUN DEC August 26. 1997 Mr. Carl Boswell 11700 Joi Avenue Oro Valley, Arizona 85737 Dear Mr. Boswell: This letter is in response to your letter to me dated June 17th whereby you requested information regarding the Kai/Capri property. After discussing your letter with the Town Planning Director and the Town Attorney. I can offer you the Following responses to your questions: . What are the current zoning classifications that exist on the Kai/Capri property. especially relating to property originally designated CPI. The current zoning classification is R1-144, after reversion from translational zoning. The table below shows the translational Oro Valley zoning as well as the zoning prior to annexation. All Pima County conditions were carried over to Oro valley with the annexation and translation of the zoning. ORO VALLEY- PIMA COUNTY -1 T-P (Cond) CPI (Cond) R-6 (Cond) TR (Cond) R1-144 SR 2. Was the northwest corner of the Kai/Capri property rezoned from SR to R1-144 during the translation zoning process and does this meet with the state law requirements? The northwest corner was translated from Pima County SR to Oro Valley R1-144, its closest comparable zoning designation per state law requirements. No rezoning has taken place for this property under the Towns jurisdiction. 3. Has the property identified in the annexation agreement under "Conditions for Approval of Translational Zoning, Section3, paragraph 1 reverted to R1-144 p since none of the conditions identified have been satisfied to date? To-date, the property is zoned as indicated in the above table; T-P, R-6 and R1-144. , In reviewingthe pre-annexation agreement, Pima County minutes for the 1-year , time extension, and the conditions. the Planning Director has concluded that the zoning appear ap ear to have expired and should revert back to R1-144 for the entire property. basis. The for this conclusion is two-fold based on condition #2 requiring the submittal of a development plan if determined necessary by the appropriate County (sic) agencies a encies and condition requiring the recording of an acceptable plat which will provide for dedication of necessary rights-of-way for roads and drainage if the property is to be subdivided. 1 am told that neither of these conditions have p p Y been satisfied to-date. The property therefore will revert back to R1-144 with an effective date of September 16, 1995. 4. Is the Development Agreement valid since p ragraph 5.7 of said agreement indicates a final date of December 'J`, 1997or agreement shall terminate and the official effective date of the annexation was December 10`h, 1994? Yes, the agreement is still valid by mutual consent of the parties, as per the Town Attorney. I trust the above information is sufficient. Thank you. Sincerely, , D r 1 �/ Chuck Sweet Town Manager c: Tobin Sidles. Town Attorney Don Chatfield, Planning & Zoning Director • • • • , _. . • ... . - \ ,..m pianning resources .. , . • . . • p •lanning landscape architecture urban design deuelopent consultants . September 30, 1999 • • n\Jck-`(c,'d . Ms Valerie.Fearer • Planning Department Town of Oro Valley • 11000 N_La Canada Drive Oro Valley,Arizona 85737 • • RE: Request to Extend Time of Resolution No (R)94-49,The"Kai"Property . . • Dear Valerie: • . This is a request to extend the time of Resolution No(R)94-49,which set forth certain planning concepts for . property owned by the Kai-family,generally located east of North 1st Avenue,extending a distance of approximately one half mile: and generally extending between Naranj a,extended. and•Tangerine. . • • As you and I have discussed.we are working diligently with representatives of Palisades South. Palisades Point. Catalina Shadows, and other properties within and adjacent to the Kai property to finalize a PAD for the There is an excellent relationshipbetween the property owners and.the neighbors. We believe the property. result of our working relationship will not only be a project which the neighbors support,but also a project that • • will be of substantial benefit to the Town. • - • However,to complete the PAD with the input and desired by all,we need to have time and not be P necessary • under the pressure of the deadline imposed by this resolution. For example,we hope to include a golf course in . • the plan.• This is very important to the neighbors and your Parks Commission has indicated interest. In order to • complete the plan for the golf-course,we must work with the Town to identify a source of non-potable water as Town law prohibits use of potable water. And,as the Mayor and Council fully realize,identification of a source and working toward implementation of a mechanism for delivery is extremely complex and will take time. There are other issues,of course,including design guidelines for the improvement of North 1st Avenue and • Palisades Road,the interface with this project with Palisades South and Catalina Shadows. and others, all of • which are being worked on by various subcommittees set up for this plan. , We would.therefore,request the time be.extended for a period of one year.from October 26. 1999 to October 26, 2000,within which we hope to be able to file,process and present the PAD to the Mayor and Council for approval. • Sincerely, • f - . I / . 1 1 1, j- . • id,-.4 G/L. .i(--(--. . . . . . . . ... . . • Carl.Winters - •• , • Principal - - cc: - Address List Attached • Mrs. Mamie Kai Mr. Sidney. •Felker,Esq. •• .. . . 98028 • • 210 North Church Ruenue. Tucson Arizona 85701 ■ (520]628-1118 fax: 628-763 • 2111 East.Broadway Road.Suite 14 . 'Tempe Rrizona 85202 ■ (602)921-0208 fax: 921-9561 October 2, 1999 Palisades South Homeowners Association • C/0 Donna Johnson 11530 N. Skywire Way Oro Valley, AZ 85737 Ms. Valerie Feurer Planning Department Town or Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 Re: Request to Extend Time of Resolution No. (R)94-49, The Kai Property Dear Ms. Feurer: We have learned of the above referenced extension request concerning the Kai Property in the vicinity of Palisades and First. Our understanding is that the P extension requested is for a one-year period ending October 26, 2000. Please know that the Palisades South Homeowners Association, which I represent as a member of the Board of Directors, is in full support of the extension . re uestedOur group and other adjacent homeowners groups have been working q closely with Mr. Carl Winters of Planning Resources representing the Kai Family. _ VVC care apps eciative of Mr. vVif ilei cooperative style and his abiliti to involve concernedro erty owners in the planning and development process. We feel P P this time extension will produce a bettor product, benefiting from extensive community input and guidance and one with which the Mayor and Council can approve with pride. Thank you for the opportunity to present our support. Sincerely, Donna Johnson Palisades South HOA Alex & Tekla Heinze 11506 N. Civano Pl. Oro Valley, AZ. 85737 October 4, 1999 Town of Oro Valley Valerie Fuerer Planning & Zoning Division 11,000 N. La Canada Drive Oro Valley, AZ 85737 City, State/Province Zip/Postal Dear Ms. Valerie Feurer We are residents of the Palisades Point Community, and members of the home owners association. I am a member of our Architectural Review Committee and as such have been invited to and have met with Mr. Carl Winters of Planning Resources. I have been impressed with the concern for the existing neighbors exhibited by Mr. Winters and his client The Kai family. He has reviewed a concept plan for"Palisades Village" , a planned community just west of our community. The concept plan has many good features and could be a real asset for both our community and for Oro Valley. The inclusion of a public golf course and a senior care center address some of the diverse needs of a growing town such as Oro Valley. There are many unanswered questions in the path to a final plan to be hopefully loved by all. (no I'm not that naive to believe that) But, we are being given a chance to be heard in the planning stages. To this end I am asking that you grant the People at Planning Resources a 12 month extension to the annex agreement. Sincerely, ALEX HENNZE Cc: Carl Winters, Warren Braun, Martin Mc Garry, �ODR I GUE�� RECORDER 'DOCKET:. ... A r�a h1 — LC:ORDED DY : E E- 1?' — :— — — _ 2 201L JiL L.1,\D 1 - .\ '�// U N C E■ `_ - .-_ T �%� 1 �:'-.�•-r,,,7,is T SOROV 1\$I ,O�' TOWN OF O F�_� ,`t`ihLLE -- `R 14:01 :00 WILL PICK UP N 1 __ i 11000 A CANADA N A A _ + 1 DO ORO VALLEY AZ —, 7 _ _ , = T RESOLUTION NO. (R)94-49 RESOLUTION OF THE TOWN COUNCIL OF TUE TOWN OF ORO A VALLEY, ARIZONA, ESTABLISHING THE TOWN'S REGULATORY POLICY FOR THE DEVELOPMENT OF PROPERTIES LOCATED IN THE PROPOSED PENINSULA TION ,the Arizona Revised Statutes *9-471 allows for the expansion of the Town of Oro Valley Town limits; and WHEREAS, in February, 1993 the Town Council directed the Town staff to pursue the annexation of the unincorporated properties within the area known as the 'Peninsula Annexation Area"; and WHEREAS, the blankpetition,etition, map and legal description for the proposed Peninsula Annexation Area, further described in attached Exhibit "A" was withPima CountyRecorder's Office on October 15, 1993; and filed the WHEREAS ,purs want to A.R.S. §9-471A.3 the required public hearing for the Peninsula Annexation Area was conducted on November 10, 1993; and the Town General Plan, Policy No. 2.a., encourages the WHEREAS,annexation of county frislands and peninsulas to facilitate infrastructure expansion and improveoperational o erational efficiencies of municipal services; and WHEREAS, certainportionsof the Peninsula Annexation Area have been • Pima Countyand are now in various stages of development, rezoned by including subdivision plat review, building plan review, and construction; WHEREAS,Arizona Revised Statute 9-500.05 enable municipalities to enter into development agreements; and WHEREAS, der toprovide greater certainty and equity in the in �rregulations to the P application of the Town's development Peninsula Area followingits annexation by the Town, it is desirable to Annexation intends to identify in advance of annexation those policies which the Town i tin initial Town zoning for the Peninsula Annexation Area. follow in adop g BE IT RESOLVED NOW, BY THE MAYOR AND TOWN THEREFORE, . COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. That, upon the effective date of an ordinance annexing the Peninsula Annexation Area, the Town will adopt such ordinances and take such administrative actions as may be necessary to gal implement the following regulatory policies for the future development of the Peninsula Annexation Area. 9 9 4 1 7-3 .1 A. THE "KM'PROPERTY - The Kai property is a portion of the Peninsula Annexation Area. The following regulatory policies shall be followed in the application and enforcement of Town development and building code standards to the "Kai" property: See attached Exhibit " A " B. That after this resolution is passed and until an ordinance is adopted, Oro Valley inspectors shall enforce the agreed upon standards according to the standards and procedures of Pima County. SECTION 2. This Resolution shall become null and void if the annexation process is not completed within the twelve (12) month period allowed. Any legal delay/challenge, however, will extend the effective date of the Resolution the same number of days/months as the legal delay. SECTION 3. If any portions of this Resolution are found to be invalid or unenforceable, such portion shall be null and void and without any effect on the rest of the Resolution, which shall continue in full effect. In the event that a dispute arises regarding any aspect of this Resolution, the parties disputing such an issue shall act in good faith and with the intent of the Resolution as the foundation for resolving such issues. SECTION 4. That this Resolution will become immediately operative and in force 30 days after the date of posting according to State Law. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 26 day of October , 1994. k), LA ,Js Richard S. Parker, Mayor ATTEST: Ha . Cnvelier, Town Clerk 56:7 ----47; t7X914 1 732 When Recorded return to: DEVELOPMENT AGREEMENT In consideration of the mutual covenants contained herein, this Development Agreement ("Agreement") is entered into on the day of November 1994 , between the Town of Oro Valley, an Arizona municipal corporation (the "Town") and Capri Company L.L.C. , an Arizona limited liability company (the "Owner") . 1. RECITALS 1. 1. Owner owns that real property located in Pima County Arizona consisting of approximately 301 acres, legally described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property") . 1. 2 . Owner and Town desire that the Property be annexed into the corporate limits of the Town and that any development on it follow the Palisades Ranch Master Plan described in §2 . 2 of this Agreement. 1.3 . This Agreement is made pursuant to A.R.S. §9-500. 05 to facilitate the Property' s annexation by establishing mutually beneficial terms for its annexation, permitted uses, density and intensity of such uses, and other matters concerning its development. 1.4 . An annexation petition describing the Property is on file with the Town and meetings and hearings have occurred concerning its annexation by the Town. The Town has received and considered the Master Plan for the Property which is described in 12 .2 . A final public hearing on the annexation will occur as soon as reasonably possible following the hearing by the Town concerning this Agreement. 1. 5. The Town requires assurances from the Owner that development of the Property will follow the Master Plan. In return for such assurances, the Town will approve the proposed Master Plan and expedite approval and granting of permits, site plans, zoning applications, plats and other development matters consistent with carrying out the Master Plan. 1. 6 Development of the Property following this Agreement produces significant benefits to the Town and its residents by limiting development according to a known Master Plan and increasing revenue to the town through sales taxes, fees and employment. - 9 9 1 4 1 7 3 3 Page 2 October 31, 1994 2 . ANNEXATION 2. 1 Annexation Petition: After public meetings concerning annexation of the Property, the Town has approved annexation of the Property to the Town. Concurrently with the signing of this Agreement by both parties, Owner shall deliver to the Town an annexation petition (the "Annexation Petition") properly signed by the Owner. Upon receipt of the Annexation Petition the Town agrees to adopt the final ordinance annexing the Property into the corporate limits of the Town. 2 .2 . Master Plan: Concurrently with Annexation of the Property, the Town shall initiate , without filing fees or processing costs, an amendment to the Town' s General Plan to incorporate the Palisades Ranch Master Plan. The Property shall be developed according to the Master Plan, as it may be amended from time to time. 2 . 3 Applicable Regulation for Development: Unless otherwise provided by this Agreement, the rules, ordinances, building code, regulations, fee schedules and official policies of the Town governing development of the Property are those existing for the Town on the date of this Agreement. No additional conditions, zoning exactions, dedications, development fees, moratorium, rules or regulation shall be imposed except those that are (i) consistent with existing land use rules governing the Property, (ii) enacted as necessary to comply with future state and federal laws and regulations, (iii) necessary to protect the public health and safety and not arbitrarily imposed and (v) future imposition of taxes or filing fees if such items are imposed by the Town all persons and entities and (vi) such other properly administered exactions, dedications, impact fees, development fees, moratoria. 2 .4 Services: After annexation of the Property to the Town, the town shall provide it with municipal services which are typical of those services provided to all occupants of the Town. 3 . DEVELOPMENT RIGHTS 3 . 1 The following development rights shall apply: 2 _ Qa17 3 i t Page 3 October 31, 1994 a. The Owner shall and is authorized to carry out the uses, densities and intensities provided in the Master Plan, and will be given all approvals reasonably necessary to carry out the Master Plan, such as zoning applications, site plans, specifications and Planned Area Development Plan ("PAD") , provided that such are consistent with and implement the Master Plan and follow the normal PAD zoning process but subject to (i) Owner paying all applicable fees, including without limitation, grading fees and building permit fees. b. Owner shall, at its cost and without cost to the Town, improve, reconstruct and/or relocate existing Palisades Road as it runs from First Ave to the east boundary of the Property, and Owner shall dedicate any additional right of way that is necessary to complete such improvements. In connection with such improvements, Town agrees to abandon [to the legally entitled fee owner] any portion of existing Palisades Road that is not used in the Palisades Improvement. c. The Owner, as part of its development, shall (i) improve First Avenue by substantially complying with the concept plan attached as Exhibit "F" and (ii) dedicate to the Town a strip of land 75 ' in width running the length of the Property, said 75" being 1/2 o f the right of way required by the Town for North First Ave. d. Owner shall have the right to construct improvements on the Property that result in not more than 1300 Dwelling Units, a golf course, hotel and related uses, and retail facilities consistent with the development and the Master Plan. The timing and phasing of the development shall be in Owner' s reasonable discretion. e. The Owner shall use its best efforts to acquire the Parcels M and N as shown on the Master Plan and if successful in acquiring the parcels, Owner shall convey to the Town that portion labeled Parcel N on the Master Plan for use as a public park, equestrian center and such other public uses that benefit residents of the Town as generally shown on Exhibit C attached hereto. The town agrees to assist Owner in acquiring Parcel M and N. That portion of Parcel M retained by the Owner will be developed for uses as provided in the Master Plan, subject to the normal zoning process for the Town. 3 ;lqq l it 1 7 3 5 Page 4 October 31, 1994 f. The Town acknowledges that Owner is negotiating with the City of Tucson for relocation of the "Palisades-Zone C" Reservoir from its current proposed site to a new site as shown on Exhibit "D" attached hereto. To the extent that its consent is required, the Town consents to the relocation of the Reservoir from its existing proposed site to its new site shown on Exhibit "E" . g. Chapter 18.81 of the Pima County Zoning Code, in effect, as of the recording date of this Agreement shall govern the Property and is incorporated herein by reference, except that for purposes of this Agreement, the word "Town" shall be substituted for the words "Pima County" wherever it appears. h. The Owner shall meet with representatives of existing adjacent neighborhoods in preparation of the PAD or rezoning to address zoning and development related issues. 4 . ARBITRATION 4. 1. Any dispute, controversy, claim or cause of action concerning this Agreement shall first be resolved by good faith negotiation between the parties. If the matter is not resolved within 15 days after the dispute arises then the matter may be settled by binding arbitration following the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. §12-1501, et seq. , and a judgment upon the arbitrator award may be entered by the Superior Court of Arizona, Pima County. 5. GENERAL 5. 1 Waiver. No delay in exercising any right or remedy shall be a waiver of it, and no waiver by Town or Owner of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 5. 2 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall be the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument. 4 nr 1 I. 1 "Tnr Page 5 October 31, 1994 5. 3 Headings. The descriptive headings of the paragraphs of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. 5.4 Exhibits. The following exhibits attached hereto shall be deemed to have been incorporated herein by this reference with the same force and effect as it fully set forth in the body hereof: A. Legal Description of the Property B. Master Plan. C. Proposed Park Site. D. Reservoir Site. E. First Avenue & Reservoir Buffer Plan. F. First Ave Concept Plan. 5. 5 Further acts. Each party shall execute and deliver all other documents and perform all such acts as reasonably necessary, from time to time, to carry out the purpose of this Agreement. Without limiting the foregoing, Town shall cooperate in good faith and process promptly any requests and applications for plat or permit approvals or revisions, and other necessary approvals relating to the development of the Property by Owner and its successors provided such requests are in substantial conformity with the Master Plan. 5. 6 Successors. This Agreement benefit and be binding upon the successors and assigns of the parties hereto and a covenant running with the land, provided that the assignment is by a written instrument, recorded in the Official Records of Pima County, Arizona. 5. 7 Term and Automatic Cancellation: The term of this Agreement shall commence on the date of execution by both parties hereto and shall automatically terminate on the::: , annual anniversary of such date. Notwithstanding the foregoing, if the Property is not annexed into the corporate limits of the Town before December 1, 1994 then this Agreement shall terminate of its own accord without action by either party. This agreement shall apply to that portion of the Property currently owned by the Owner 5 g4I7 3 7 Page 6 October 31, 1994 and any additional property acquired by the Owner that is shown on the Master Plan. 5. 8 No partnership. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between Owner and Town. 5.9 Entire agreement. This Agreement is the entire agreement between the parties concerning the Master Plan. All prior and contemporaneous agreements, representations and understandings of the parties, oral or written are superseded and merged herein. 5. 10 Amendment. From time to time, it may be necessary to amend the Master Plan or this Agreement to reflect market conditions, development or financing conditions and, in such case, the parties shall cooperate in good faith to agree upon, and to use reasonable best efforts to amend the Master Plan or this Agreement. No change or addition is to be made to this Agreement except by a written amendment executed by the parties hereto. Within ten days after any amendment to this Agreement, such amendment shall be recorded in the Official Records of Pima County, Arizona. 5. 11 Good standing and authority. Each party represents to the other that (i) it is duly formed and validly existing under the laws of Arizona, (ii) it is duly qualified to do business in the State of Arizona and is in good standing under applicable state laws, and (iii) the individuals executing this Agreement for the respective parties are authorized and empowered to bind the party for whom they are signing. 5. 12 Governing law and Recording. This Agreement shall be construed and interpreted under the laws of Arizona. This Agreement, and any amendments thereto, shall be recorded in the public records of Pima County within 10 days after it is signed by both parties. 5. 13 No Owner representations. Nothing contained in this Agreement shall obligate Owner to complete any part or all of the development of the Property. The Town acknowledges that Owner may use a Community Facility District or improvement district to provide improvements on the Property and that the Town will, upon 6 \ 738 Page 7 October 31, 1994 request of Owner, use its best efforts to form such Districts according to Arizona Law. 5. 14 Termination for conflict. Town, pursuant to A.R.S. §38-511, may terminate this Agreement without penalty or further obligation, within three years after its execution, if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of Town is, at any time while the Agreement or any extension of the Agreement is in effect, an employee or agent of any other party to the Agreement in any capacity or a consultant to any other party of the Agreement with respect to the subject matter of the Agreement. 5. 15. Notices and filings. All notices, filing, consents, approvals and other communications concerning this Agreement shall be valid if given, filed, made, delivered or served if in writing and delivered personally or sent by certified United States Mail, postage prepaid, return receipt requested, if to: Town: Town of Oro Valley Oro Valley Arizona 85737 copy to: Owner: John Kai 2305 Ruthrauff Tucson, Arizona 85705 copy to: Herbert Kai 2305 Ruthrauff Rd. Tucson, Arizona 85705 or to such other addresses as either party hereto may from time to time designate in writing and deliver in a like manner. 5. 16 Development Fees. Owner understands that the Town is considering adoption of a development impact fee ordinance pursuant to authority granted by A.R.S. §9-463 . 05 (the "DIFO") . The Town has represented to Owner that the Property will not be affected by the 7 99i 4 1 7 3 9 Page 8 October 31, 1994 DIFO, as that proposed regulation was drawn on August 22 , 1994 . Those representations notwithstanding, the parties agree that Owner shall be given a credit against the amount of any future development impact fee assessed by the Town for the value of (a) land dedicated for public use, (b) improvements to public rights- of-way or other public facilities, or (c) monies paid in lieu of such dedications or improvements as a condition for the zoning, subdivision or development of the Property (collectively "Extractions") , regardless of whether the Exactions were conveyed, constructed or paid by Owner prior to or after the Annexation Date, provided the Exactions confer a benefit upon the general public and are related to the public improvements for which the development impact fee is assessed by the Town. Credit given by the Town for Exactions shall be applied to the entire Property on a proportional basis. For example, if the development impact fee is levied on each dwelling unit constructed on the Property, the credit will be distributed to all dwelling units, even though some may have been constructed before imposition of the development impact fee. 5. 17 Mailing effective. Notices, filings, consents, approvals and communication given by mail shall be deemed delivered upon receipt or twenty-four hours following deposit in the U.S. mail, postage prepaid and addressed as set forth above, whichever first occurs. This Agreement was signed by the parties on the day and year appearing in the first paragraph. Town: Town of Oro Valley, a Municipal Corporation j) Owner: The Capri Company, An Arizona limited Liability Company _e- Kai er 8 9g 11 X740 Page 9 October 31, 1994 STATE OF ARIZONA ) ss. COUNTY OF PIMA ) The foregoing instrument was subscribed, sworn to and acknowledged before me this 3 day of November 1994 by John Kai and Herbert Kai, authorized managers of Capri Company L.L.C. otar blic A � r c• My commission expires: • .r, '7_A„WC STATE OF ARIZONA ) . ) • .t• ss. COUNTY OF PIMA ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of November, 1994 by if-Act4,44-k- S.P authorized agent for the Town of Oro Valley, a municipal corporation. s Notary Public My commission expires: 14-44-6K- oFFiCiaL sFAL. RACE GAEL BARTELS NOTARY PUBLIC PIMA COUNTY '.1y Commission Expires April 15, 1995 • 9 iQOIti 1 71 I All of those portions of Section 6, Township 12 South, Range 13 East, G&SRB&M, Pima County, Arizona; said parcels listed as follows : The Northwest quarter of said Section 6 ; The Southwest quarter of said Section 6 ; The Northwest quarter of the Southwest quarter of the Southeast quarter of said Section 6 ; EXCEPTING THEREFROM any portion lying within Palisades Road as established in Book 8 at Page 37 of Road Maps in the Office of the Pima County, Arizona Recorder and North First Avenue as established in Book 6 at Page 21 of Road Maps in said Recorder' s Office; AND FURTHER EXCEPTING the East 920 . 00 feet of the West 1320 . 00 feet of the North 1320 feet of the Southwest quarter of said Section 6 . EXHIBIT "A" WINTERS & ASSOCIATES INC. 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' :---,,./..-\-----.2- J. ----. . ,..' ... - .- ,:.,:..:-_:_--„. - .,‘,...,. •'N.. ,.. -;,-__-. ..,,.-. . rr-f,e• \. , 1,\\ • . ,,,,f.:- . - .. t ---• : . ...„ . ...\•.7', . • t,, :• ;.-. . 1,p,,,("). • \ ,,,\'','f:....::•.*\1.l, '..-- . • • . - dr.....--"" - 1 ; • 1 1 \\ •-. i:.'---,"-7, .--. •t;T,: •.• • - ,:-, • -- - s.. : c .'..,.- N_.......:--,..pf.''')-lir, '''.. ..".:::::‘..-11';1 '''-'' '':.:., - .,,ii. 7,--)y• , . , 7 ,:._..,.::.......„._, .._._ .,::. . .,.. ...... ., . , . ,. • , ,,,. ., ... .:,_..._. ..,....., :• .. ..,. i. _. . .. _:_,.. ... .......„... ._. ._....... _ _,... ..._. ,,i,„-,_ , .• ., • „.. . . ,,,,_,,e , , , , .., ,,,,,, ....(..„,... .i. ,,„...... .. • .......... . . .,... , .._ ,_ ..., _. , ..,...„ ,\ , ,__ _ . . . __,_ . ,; ____. 1 , .-\.......st,".71.... . . \ , • Zo.../. ......".. ...-, , .' . i .4'7 ._.,\ 3ii . , .rim, . mt. ,,,.-- ,,_., . . .. ..w ..i _..... .. ,,.. ,.... . ..). .,,,,,,i, ) , t min:. ,;,--- ,,..,,.z.,--- J1 . 1-r----\ . • . ---\./ \;,--,J' ii" • 3 .r.' ..-4 w -, 77 1 .. " .-- .All C:11 ). k -'---\---' - -s r -117, --,,..1 11 . .,„-----.. . -: ,--, , i/.., \/ , "- 1 ,, ". ,-; _. . ..., [CIES LAND USE DATA • \\ ,,,, *oda kr a mow pleased iso n/gollhesidastiel essiassisity. AREA/USE/u DE1dI TY UMTS N will maga es will aid be asaisssht wNh the mucksOPEN SPACE AND and •A•/SF/20.s 6.0 113 mimed .SITE ed by tie Dewier"for ells peltasa.h .Camiamiss L al a • 1.•/SF/11.6 3.3 41 di la!011111 wiiAbarim/impost mss aid lomat oriel✓ewes. •S.2./SF/9.4 4.0 3$ z r be aoswwhsn a Plat Avesta sod Tana*, !land. •C/MF/113 1.0 32.•say be Ise d Palisdes!newel✓. rani asssmmaial area.wish gas usime buildings awl so bath and •D•/Fb.3tstios/l.00 dims ligand aoxanditely. Rant teas will oxer sir see •E!MP/13.2 23.0 330 • will assess•Pins Mom. A*weed dawiopmast aims r •F•/SF/Is.' 8.0 143 set neer eines armlet perm= I .im. • •O./Nsiglhborbasd 35%rev./0.3 PAR SIT"B" • maws ties as ahs prishasy sorer road is the teiiwiel land ears end •1r/Nsigahboriosd 3311 ash./0.5 PAR rV STER PLAN ached wish lasird amass pans ems alas amenhereiai amts. sand/6.0 d,between Pirst Armee and Ms attisong brides will may sow •1•/RESORT/12.7 PALISAD. ES RANCH risibly.Ms seighbsehooi aomrasrciai aea. Bassa 30%aa...300 MON Casa 12.0 40 dosser Mtn -sal isseiopahent will be piarsssd.will pebiie and primo seem Chir!loess past a6 3011 coverage 1 teesemiosal need will abs be seppisd as"divided seirsis. •1•/MP/11.2 23.0 280 add Jswlapwenas as oars sem •['/SF/26.4 4.5 119 79 ,e . elib�save eirarlasios 'yams. Bicycle awed pelma- L s • 2.•lSP/20.0 3.� sib. 70.•anus lid or✓maid.Dasse arid. WINTERS&ASSOCIATES INC. end wall etas...o es■rraa s aosiaass and safety. •OC•/Gol[Course/110.3 DiYiLOPMINT&PLANNING CONSULTANTS 'Pr Iri 4/23+/-,••off-sea 1 be dereiopsl is anew.loam ea by the development. •l1PRartslli+/..••elf-iso rn North Chord'Ammo ,stir awes,will ben'Wens awl.mist Mroeehatt ahs • Tame,Arizona$5701 RESIDENTIAUFIRE STATION 165.7 se. 54.5% (621621.111* • RESORT HOTEL/CLUB HOUSE 12.7 ac. 4.2% II alas be nail✓/kw nosh/of Aoxdweias by women awl commutam. 13.3 ar. 5.111 • woes weh■e•a ieammer slsa maim -tour COURSE 110.3 ae. 36.2% OCTOBER 1994 WA 93023 no Mas Men reposed and Mas pies is a pat•a[dr shat TOTAL ACRE 304.2+/-.a✓/lathes pert away end rebinds'RasmMa wads ass . _- q q I. Et l7tdi • •• ••••. •.•_•• •r ►•-•-•••• •• .• ••••• ••„••. .••Y•• • •• •.• • •• ..•• • •- ••.• • .• ••-• • • • _• •• •• •• •• • • 0-64,1e-11c:4 Jt NE. v)FE PuPL se �'� co�lc�ssto�s pW u I rJ C, g16,S c .c- fis2-4prz vii Qe r2-4-4 461 0.14\ O. .7 c-i : \ • . l',11161*14.11 9"'474°'° 68. -or- • .**4 itime cz) , •"1/441,0; .�..`,,._ .. Is* . ..�. • ot � 71744.45 c.ot.142.'�S f Lt2Ne-,u,e. -.,47.12-tr-4..t..L, i2Aksisiv 46N42-44.- .• • f1- north Scale: 1" = 400' 9 9 1 II • • • r •._ • ••.•. .• . •.. • .• • w•.••• • r• •• •• • .• ... .. .••• •_•.•••,....••.1.• • •• •w.• ..., •-'•• ...•-..•..•• .•-...-..•.•. ._. )C7 a,P. VA.LLE ' *T'S-------- 11 C-2 C-2 ..----• ""1--- - --h-;) c:,;2,4.44,s Qi--"e7 `1 _ .,... 01,07 eS . ,•,,, ,,..... r - -LI It . :.:zy - . _ • A = i Ami,. : -45, , _ :=-. 7-7 . mars FAe.....4. L..:i 11 EfS/,—i--A.plf. .-1. . -—' —1==. == , , 11 : lip V0t}.1\ �►J - ?. 1 ,... ...„. _. , . . i , , J • et ' . 1, bte/ 8) (6 . \ _ ... „. , gi,;..,;,.. ., .,,,.,:,,.. .!... 'AI , 'EciArz:r-ortia-i/..i.J c-_.d...111:12.-- :_ it.to... llew c1,, c- , ......—• ,At 7 r.' , ' .lir ow., . edi: 111"f , 'N141-\ssa4 _.2.,- , .i -1.: tilvii Vaapc,10 co . . .-.wr,- . -14tAe,-- -02--ic.,..1 -tpas4L... i-kehmo/ - .. -,-,'. •— 12 .3..-7 A.42e-A, _. ... . . - _1,4,...,1_, PeveLo PEA- Fkb.RTIG I PAZTION) WrtH V tvistcpso Ft► NE.,R$ \. EXHIBIT "C" PROPOSED PARK SITE WINTERS &ASSOCIATES INC. DEVELOPMENT&PLANNING CONSULTANTS 270 North Church Avenue Tucson Arizona 85701 (6021 628-1118 93023 ' " n • t 1 -+ t i' , , 7 7=4 cs..J," ' . ' \ S00 rT ` , )) i 1 -,,,,,. l 6.. t-PATS CAS w0.CO.CKR .� r•aK•n r.t — - sr.rco.i c�c�.na. ./. _ r\''• / . , •s, -.- I , „.... ' .\, . ..... _ , \,, . • / 1 l'\' . ,, , „ I r I ----" .. r-----1.--"'" - i --...7._-.. .- .A_ ..___._, . "--t_ 9 V •—.Miro...R t ot.n0/.Or•0......... SE[!R GI+►�.G'REAL \ �` S �[tylOrr't.a ( C!LGC.rnr• 7O -- I \ '� /� -...N ` ,:•\ so /� / St•ALL SC AS OwtCTLD�r�1(�O / . ��, / ..:.•••.:-'7'.-4:54,.,-.1,,...,„./ \ I ♦ \ \ 1a, , '\ I i 1 � 2;i, i , MAKE.•9+K1 K••E wOE.rEO ,;e. •'\ 1:x -\ • -/' ai��"1 - i# I / /— I ,,r -RvOiR/ ',AE S[1�Vdt•Ur1C(wd1 A* f •� \\`•• •_ i ^ _ ,-• i:�' , �w•-►vc pion ./_ -,1 A�w.Et-7- �'uts-ILF 'V a. - \ g[.r • arc ,� /NrUK ACCESS 1 - '� I —— t _ �`r, -ul.oE.d..r 1 s.ts• -/: �_ - / / _ �r+`rfrf^w.•r��rs 1 —- +i -—••` • t • $MIK ,, —,11.--.--,_4--.....i-/-- 7-- -- , —. \ =-± I - A\\ ..•le iltV,..ow 1 L- \ - 3o•.L r l - \ I 'a..0 0,�L-•-- -}1 mss •' I\ I i 1 1 rr.� 10'MG RE9ERVO(R',r`.,' \T• I--------- 10 Li SERWIR + , 'I 1 \ �\ '''� ' wov 1 1 1\ I (._t.• _ (FUTURE} i /IC7CRvp.Act., ,,a•d i I (MN11Al -r-- •� I\1 I •7'( ` / - _ -- t0.or r•ll�1 t.�tOS1)! I ` \ !01[[IMCZ Ar. 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II r-�1..�to c.R� . l ` . ♦ -_ \ ! 1 ` • \ `OY Rs r..9,4 °''" Q"' I , .L , ,, _ _ , 1 ,, -, ' ,T-1,....,--e.. . -. — ....'— , .----7,1.......- —�\ �—.-.,,—+ \ !-�iq►—1' { �• � i �• I� \ 1 !I o i f � '•, •- ` • \\` - R1[/COrr'SA�..E.tdK R�‘11 \�� 1 \ _• � .� . �/ i'�--� _ w ` I • (.......c(I.0 •rr' • , 1 ( II 1..'.' \ 9 ` ' - 1 I • rT- r , . 1 12».c\ , / - -I --1 1- r>.- 1 1 —'b'.R1w0st...*RtrG.1 PL. ♦• • ' i /I ' \ \ \ — , i / •r_ • III Evu�o co r Acrr r I\ 1, , \\\ -,- , , - 1 . -----------•-•-- •• - • _.- ------ ---- ------ .. -- --- -.- _- _.._---- -- ----1- -- ------ 0. t-�„[ '2''- = PRELIMINARY -_,___,, _' � °"`� LEGEND LAW ASNOT FOR CONSTRUCTION r»r2�.ry«� A 1.0.(0 1/ O CONDI O. u792_w" •-Aar wt..ton.1 Gas w....... UK S ALSO twist a& .G NE "'•""'• •—_ \ .ORM 9Ot Or►AJSAOES 00.0 .1111(.4. (IOt IMO,.r0R 0..01,1 —/ —Kw CLECTIAcAt Lot . . • r ' r t —A[w*WNW LK • , -•••!---, , ' '. , • ;%'\ '' - . . ) •1 . • ))))illif e-''' \ V"'. '' /,4/. l\)) ?&,\/ i/.' ' Yf/ \‘''f,i fl( • '\..r,. -Y-'61 1 . ',- ----',,-,. .. .-V • 1 ) -',..j • L.,.........cii . 0 /I'172 ,_ . ...;;.,..,z . ,. t c:,-''''"- _ M.t,. .. . : A . ). . . all, .p ... . ...._ . . 11 -7::------- - /.:---- ;:'-n--Y-..--1 1 iit..--c\-...ink fAl I ) . „,, . nr--;(---evit ye.,.--. ..I .,.,,„,„.,..„,,,,;„„zieig ,..,- ,„„„..„-"r wr • . 44rIblip..1" -;- mai w 10 Aillre � � por,.......... ter, �i _�„�dolef441 VO 144 r'r-ziNNAL 1 .. i. r •P ..� - _ .. - .. Fs:, � I .•\•...... 1,•.mow , :Tr— � �� I �• '/►� ionvi A /Mllell Ai ,'? ,k, . tll eirrIt A ` ma•y,/.` `jv,.. im•-_,.....t, It,. .0. Ai I• •Li ...mi.. /it -;,-lti,,........--- -.t, ir. r ..‘ ,EfliWe ---7.7 „I Vtiriti ! ,- -'41, ...inerij '431 7-7ti.. . , k ,e.,~w; ti+::, ,a y p • ,'-! ..-. - Yril ff.,,-.%--t1 . _tit../. . 4:., v..40741,4,,---) : / / ...4 ) .. lilt dporeg• .. • . • t. i Ifjfiatlil 1, 04017 .1iroe RT•• . . . . . A.,; e 1 1 NI° iiik d---Z.--,:"Wginiik" I ' .:• 1 hilt.ILPI°1411/111%. 11 l' i/.1_.,, -"- i .., ' -060_0400.410"-I /''ili1=0,1 Ar 6, • IIIL ________2111161111L11141,....,_—% " IrLii r\---1:"N"\-\-\\:1- ----. 3 0------W-H-,-.,:. 44C(C. .-,5- - , MI 111•11111111 ... 1 ,...- 4>( 11.11.1=1...11.117:11=1:1121=1116111111 11"immimillit_.- illillial...- �� 1 - omm , • r — --r.., FUTURE RESERVOIR SITE ST •.co•.S / . i Io173 i — ___/ I /-- _ -"-f • " 1 • \ i I I \ r :) \ /rye .t- -- \ _` Mna0-N•EVW.TK TA. '..-..�I •.. .Kr Q+I-+•u i S. \••. "riot..w.- ,..- c \ \ -.,.1..""EL.••7 3S T EL•207.50 ' .1 s'.-,3, '--._jac...-tf_ --, � `.-•rc YrEN 11 b.i.';'' a • % (int � %. 2: 3D'Rm0 R��c[ ♦ 30'ry E/sr?or s1.110. rs) 1' .r..o-CR�?or.. \\ I I 1 :44i It ur Mwn•.csL,.nust.!4'--•- -"i is.' r.7.:=Z.-L=1 L-.. J•--Sr.T 1 I.......-t_•., NAUSADES 'C' ZONE RESERVOIR AND 'E' ZONE BOOSTER STATION SITE ARRANGEMENT PLAN - ..J,,.' c .S%J ; 1\ \ \ ` • v 1 ::;;;----4;;=1.,..7.--''"' 2 ''57 if(;),N'--- (?..... M ....r_ -'_1-004-020-113, ‘., `\1�I, \ r//r \ n.C. j, ‘'.--1-';'''' ' i, '. '‘ •----- J 4 ' 1 r,, .- - ....__- ji ... _ \ L-, • �i%r 1 sc (,.. --„----- / 's, 1 r/."(j.„--• ?.... ..-::"--1.7---i_ "''-'::•--_r_<_,-.---'-' ''------ -, _,,:•_,.... --:-.--.. . . r,..„, ,...... 7. „,.. ., --' PROPOSED- :• , ....,_,----- .%� R s -�• •�AIN �.. � � . :.�aa�. E ! z . J \\\ ._r -°�r � r►1< RESERVOIR SITE j,-‘._,._-;-_,:___. . .-- ay -r n-,------ ,-�,.r i j =_ � ;l ' ir _ __,,ti..... ...,. ti__,-... ...ie..........,1 _ ____..._...______:,__c_,..„.,1; :, . . ..,-,x--4.____-..--_ -=.6.-iiiiirilloopii. 11"- ..„,,,,,,,I., --,mr........,.. _,,....A.:„. , ,,-.4"..- 1„,......m......tcrAm.14221... i :.__ ' - • 1.,.,_ . pv.r.--r,.vagrA ii• 0,vro. .,,...1 . ..,,:, u,..,..,1 • --.") ,,....4 t:4, •........-„Tilt Aill --_,,...._ . . ti.tilr41";.......„L_-,-....L-frf-v-cAvz ;r:r - 44, -.. ..... ,.... if II ra-4-1 ft—--—.:;7'-4---..:,...-A o n m um,-,ii.r.....-.....-..----..,,.p 0. , :1.F r:,,,,)„,,,,;.. ,1,. /..01ill'erif,•••4..:4,==.1.....,.......------=al... .4.0.,4v--7.g ...90 , v,_.,..,.,..,,,..„,.,,,,.... ..... .Tir,,,,,,;,:...„..• ... ,/ A. IA I'1✓`fi7 I �o� WINO ' gm-tio �. .0- --_ � yam•• ,r •. ,.. E IT D r=te--,7:414 ;70so, - mil 1- Wd _ - � ! �, �- RESERVOIR SITES rr•••• • f- 1 (r " . �- - �- .►•..:. =J�••• �••�•�.� *.•��.m WINTERS &ASSOCIATES INC. � Aii-Flma,. ,. `� DEVELOPMENT&PLANNING CONSULTANTS or tr4,4,rmt �..,�e'J 270 North Church Avenue • - a: ••�_________,---..__,:::..:7.1 Tucson,Arizona 85701 —MR ENGINEERING. INC. _______L,.--- 1 — iY' r_�- - (602)628I118-13S3 N.MTN STREET.SUITE 70S ('�- '-----,—•--- - 1!110l/I.ARIZONA •11U2 ��s . ` �f \r_1Ex ` ;( .711•.... . 1 1-4:)--rr.,.. w \ •• . Thir r;n 17M/ ....(I-n\ ..?.Ler• • /. .; 9. . . •.) .. rr,t. .• ..• z.c.e, i---) r'r \,, /# ... . ,—p,,tA r ,..,. , „cri.„, .„... , ri .., ..,,,,,,i;,, . ., ... r 4 - - et/71-1. Cell,.r".1... . -;A:it *-\'')4‘1 • ! .1r . afilik.: t ic.:.'s .1.i441.•.‘c"e'? . ,: , . _7.z- • . . - . 1C.0 RESIDENCE APPROX. 100' EAST , 20' NATURAL BUFFERYARD w < • RESIDENTIAL EAST 20' BUFFERYARD TREATMENT MEANDERING PAI RANCH PROJECT V • PT\ :rf il'.. .1Th \,. ,Th • r . <-- '7 if 1.7/,'"il .. : 1,,• . •r:C), • ., •. ,,:e4PIJ , - .'w. • ilIP- . • C.O.T. SUB-SURFACE ' 20' PROJECT WATER_ZESERVOIR THEME TREATMEr FIRST AVENUE PROJECT 20' PROJECT /S, i THEME TREATMENT ' EXISTING SHOULDER . •(( ' + •ith.10 i \ EXISTING ROADWAY ( li . - ilc •• - ,.. - ; -t-- {EX1STING VEGETATION ER1NG WALL _ , Ili --... . , - e -Ili .:::- .. .. ir 1 411 ) PI . T 1i , w i 1 (..: .. . . .:i , _ail = . ' Z W JB-SURFACE4W- - " /. : .> .Q RESERVOIR o • 1- -3. , • -. , + as• • ......' . . O L.T.,. • cr cc P . , Q • **11441V 75'-1/2 .O. .. „..... • ,,,N RELOCA ED N-S TE VEGETATION TO NHANCE EXISTING VEGETATION THE DEVELOPER WILL RETAIN AN EASEMENT TO INSTALL AND MAINTAIN THE PROJECT EDGE TREATMENT. THE DEVELOPER SHALL WORK WITH ORO VALLEY ON THE AREA BETWEEN THE PAVEMENT AND THE RIGHT-OF-WAY TO BEAUTIFY AND MAINTAIN. ES ; FIRST AVENUE ,..!--.7) frki-7.'4. • CI. '' . A_ ill°!.7 tot:".'c. . ' I 1\ ' 1 r , \,1 it ... .. .,r1t6s? s'.. 4.-\% Mg.. ' ' •-- -'-' 1*-*• _ : . MEI _W. 75'-1/2 R.O.W. EXISTING OADWAY EXHIBIT "E" iE FIRST AVE & RESERVOIR BUFFER PLAN WINTERS &ASSOCIATES INC. DEVELOPMENT&PLANNING CONSULTANTS 270 North Church Avenue Tucson,Arizona 85701 (602}628-1118 • 93023 nn 1 I. 1 '7Cr) NATIVE SEED MIX TO - I • • •:1 HANGS !.XIST. • • 0.....-••• YVILDFLOY'1ERS, • 0.•. GRASSESAND • .. ` • � • SHRUBS. • O - DESERT I :. _ NATIVE ..•_. ' VEGETATION i'..::.'- MEANDERING I I — ° `t PEDESTRIAN t eiALKY'IA1' :g31 . • - lI, iI 20. LANDSCAPE r' tn: _.: • t'--.'... SUFFER 10 .. : •- P4ZOPOSED •J SHOPS - ;- • \. AGcr TO g % t.. ,....... /-.- • - .411; II •ilk+ SHOPS wi • \1 . . D 1L I 4 ►:RELOCATED • �� I��ON-51TE • ' VEGETATION . C'� ./..••::.s........ . 1•1116V-111111 . ' �I 'f ■ TO ENHANCE --- cX15T1 NG .11. NATIVE SEED VEGETATION. . . . 1 .• •. . • . . ENHANCE EXIs •. • --` i�(EANDERING f4-11-171-5E°SY4ER . 1 �, PALISADES • A1Vi 2 '� ` 14.ANGH •. , S�-1 S. • T YVALL. • 2 •' l‘, 7 - PROJEC _ Q 1 I. XI ST1 NG _ W VEGETATION `. . .•r . a -1 v •.. ( -t • .•' TO REMAIN oLANDSCAPE • .1 . RELOG ON • WIN �— VEGETATION TC gb as I BERMS VEGE • .`: , ` ggp . •� ('&ot ENHANCE EXIST T - • VEGETATION. -I 1 - - PARKING LO • � t • ?9 I/��.O I� PARK J . . NDERING • 'C ,.• %-...; PEDESTRIAN INP I •V • 't• • • I NATIVE DESERT •• • ••• VEGETATION rh IIIiti IA - 1 V EGET W 4. •, • •• Tr nMAIN. W • Tl t • ...:.AN ii... ,,Wil I oC • • f MEANDERIt • • • PALISADE`_ • •• • •. � •' PROJECT Y I _ w ;• • • • NDSCAPE eE 5 Si -.-. ' It • ::---'... .•%.1 •. -Th• • g ;.) , . ... 1 i ..,.. • . 4- - . 6 it --•:-.: r ......... .1' + ,.. . • ........ 1 - . t .:: .4 ii I, .• ER t P15' 1/2'- •. v :,.-.... .- .......... . • • LAN cm .• ,. I t .or 2......:.....•• ,. .1•:.. __,..• . .,..„ .2, __ ____ • •ti p' • L i c • • . •M 't‘i,..r. • .: .i. .;...c1b.L. north I 4 I I • . f• . MEANDERING PALISADES V RANCH PROJECT Y`IALL '• PEDESTRIAN YVALKNIAYS PROJECT MONUMENTATION • 1 PROPOSED RESIDENTIAL ) . ,' NEIGHBOR di OD .../: . (C). ! ......r (4)74-: I I _ % (e1.1.. ) '�eor��_� , _�_ .. moo • Ireilla . wor... ................... ____,......_ w II - _ � PALISADES ROAD - - ---- - LU LImamm (REAL I GNMENT) low - �� ler `c12 1 Att -g, _ r sw ...i. ` 1 _: • .' ..: ."..'''' • • 1.16: ...tr::,•.i.:7 i..••: • 2 C.:;:3' • .413PAIPIlitiMp'4 IP . . .. '' . . # ....--...- _ .., .-. !•! ..,:(....): ‘ :-••. . . I ^ LJLANDSCAPED MEDIAN _. 2 : -.?...) _ PEDESTRIAN ACCESS 4 1.r MEANDERING PALISADES I RANCH PROJECT ViALL 11 i '. FIRE STATION ACCESS PROPOSED FIRE STATION PARCEL 4 la WMAINTAIN A MINIMUM 20' NATURAL ~{ 1, i ENHANCED LANDSCAPE BUFFER tf J � • :..t TH PEDESTRIAN I1ALK?IAYS u .. Ill ' .' • ALONG F I RST AVENUE. I { EXHIBIT "F" FIRST AVENUE CONCEPT PLAN WINTERS &ASSOCIATES INC. DEVELOPMENT&PLANNING CONSULTANTS 270 North Church Avenue Tucson Arizona 85701 (602)628-1118 10-1S-99 16 : 37 CHURCH STREET PARTNERS ID=5206287637 P . 02 111 planning resources G�an���9 .P�ts1CQ UtbIQ IIID deuelapmeol consullots October 15, 1999 Mr, Bryant Nodine r , Planning and Zoning Administrator . Town of Oro Valley 11000 N. La Canada Oro Valley, Arizona 85737 RE: Palisades Village(Kai Property) • Dear Bryant: As you know,I had been sending regular updates to Valerie, but with her departure to the private sector,and our extensive meetings with area residents,I thought it important to bring you up to date. In addition,I would appreciate it if you would share this with the Mayor and Council',City Manager, and others,as appropriate. . Background Information This property was planned and zoning approved for industrial development prior to annexation into the Town of Oro Valley_ The Kai family had marketed Garret Air Research(now Allied Signal)prior to their decision to locate on Oracle Road on the Estes property. When the Town approached the Kai family in 1994 to annex their land;they had decided to plan for residential and related uses.so rather than pull permits and"vest"the industrial zone,we asked the Town to approve this area for a PAD as part of their General Plan process which was taking place. Since the Oro Valley General Plan was in process,we met with our"Sector Board"and came up with a very general concept plan and had that plan not only approved by the Sector Board,but it also became the basis of our pre- annexation agreement. Pre-annexation.Agreement • The Kai pre-annexation agreement,on the October 27th Mayor and Council.agenda for a one year extension, then,it only commits the Town tro considering a PAD. It does not commit the Town to rezoning or the details of the PAD,but merely gives direction to the PAD. PAD-The Golf Course • About eight months ago,the Kai family decided to proceed with the PAD for this property. One of the major features in the Pre-annexation plan was a golf course. Valerie,and other staff,had suggested that the golf course might prove controversial,so prior to including a golf course in our plan,we should meet with the Oro Valley Parks Commission. • It is important to note that the Kai family had always thought of.the golf course as a public facility,rather • than the more typical private course. We had met with the firm that developed the"Links"course at Continental Ranch,and they advised us they would be most interested in developing a course at this location. • PO North Churchfluenue, Tucson IrRona 85101 ■ [520)628=1118 faN 628-7631 2111 East Broadway Road, Suite 14 Tempe Nona • 85282 • 161321921.0208 faK: 921-9561 10- 15-99 16 : 38 CHURCH STREET PARTNERS ID=5206287637 P . 03 In addition,we had considered asking the Town if they would like to consider having this a Town course, either through a lease arrangement,or.some other arrangement. Our feeling was there needed to be a course for area residents and youth that was open to everyone, And,our residential area was too small to support a private course. S Much to my surprise,the Town Parks Commission expressed interest in seeing the idea of the course pursued. Next,we held the mandatory pre-submittal conference with staff and got input from the various departments on the latest concept we had prepared. We followed up the pre-submittal meeting with a meeting with the Town of Oro Valley Water Department where we were told there is no supply of non-potable water available for a golf course,and further,there is a Towii ordinance requiring non-potable water is used. I'll comc back to this in a minute. Neighborhood Involvement I contacted the Town for a list of neighborhood associations. The only one in this area listed by the Town was Catalina Shadows. We contacted Mr. Army Curtis;President of Catalina Shadows and asked if we could attend one of his board meetings. He graciously invited representatives of Catalina Shadows, Palisades Point and Palisades Village, as well as a couple of others in the area to the west. in total,I recall about 16 people attended this meeting at Mr. Curtis'home. A copy of the sign-in list was sent to your office. At this first meeting,we discussed our concepts for the property and agreed to have a series of meetings to address some issues of particular interest to the representatives of these neighborhoods. We held a second meeting at the Sheraton in late September and more representatives came to that meeting. About 25 people attended this second meeting;a copy of the sign-in list was sent your office. At this • ,meeting,we agreed to establish subcommittees to address some of the specific•issues of importance. Back to the Golf Course • The neighborhood representatives have told me they want the golf course. In fact,at least some would like the golf course to be a requirement of the project. One subcommittee,then,will be dealing with issues that need to be resolved to allow the golf course to happen. • A.Water Source The biggest issue will be meeting the Town requirements to secure a non-potable source of water:be it CAP water or reclaimed. Our committee will,therefore,desire to work with the Town of Oro Valley Mayor and Council and Water Department in their efforts to secure a source of water for golf courses, and in particular,for this golf course. It occurs to me that the Town may wish to determine how best we can help the Mayor and Council and staff. Clearly,it will do the Town little good for us to take up time from staff and the Mayor and Council bugging you to get the supply. Perhaps you,as staff and as the Mayor and Council,can use our committee to assist you with the overall goal of obtaining a supply of water for the Town:not just for this project,but for other courses now in the Town and those in the future_ Access to Tangerine We met with Mr. Bill Jansen,Town Engineer,on several questions that came up at our first meeting at the home of Mr. Curtis.. These included timing of the widening of l st Avenue,a turn bay at 1st Avenue and planninq resoulces 1aidscajt architecture urbaii.. gni.consultant$ 2?0 North Church Avenue. lutsnn Aram 85701 • (520)628-1118 fax 628431 2111 East Broadway Road.Suite 14 Tempe 'Nana 85112 16021921.0208 fat 921 9561 10- 15-99 16 : 38 CHURCH STREET PARTNERS ID=5206287637 P.04 • Naranja,improvements to Palisades and the intersection at 1st Avenue and Palisades,and internal streets. One issue of particular importance to the neighborhood representatives is providing outlets for this project .onto 1st Avenue anti, if possible,to Tangerine. As staff and the Mayor and Council are aware Palisades is a big cul-de-sac and there are no plans to extend it across Big Wash to Oracle,nor would the residents want that,l would guess_ By providing access to Tangerine,in particular,this would provide a second"relief' route for people along Palisades,as well as from the future development of the Kai property. 'However, Mr,Jansen advised us that Tangerine was under the jurisdiction of the Arizona Department of Transportation,and they would not allow our project to gain access to Tangerine. And,even if ADOT would allow access,the owner of Rancho Vistoso owns a triangular area between the Kai property and Tangerine, and we would need to secure right-of-way from that owner_ We met with Mr. K.;nneth R. Cooper of the local ADOT staff,and he confirmed that ADOT was not interested in providing access to Tangerine between Oracle'and 1st. Tins is not acceptable to our neighbors and we will have a second subcommittee to work with ADOT and the Oro Valley staff and Mayor and Council to seek some means of relief access to Tangerine. Other Subcommittees A.Streetscapes • We plan to form other subcommittees to help us with issues such as the"streetscape"for 1st and for Palisades on issues ranging from under grounding power lines to the landscape,jogging paths, bicycle paths,equestrian paths and other facilities in and through this project, B.CC&R"s,including Architectural Guidelines We will develop a subcommittee to help formulate CC&R's and architectural guidelines for this project to insure compatibility with adjacent development. • C.Palisades Reservoir The City of Tucson Water Department owns a 20-acre parcel that was intended for a water reservoir to supply CAP water to the Town between the Kai property and Palisades_South. The Town Water Department has indicated they arc not interested in the property. And,Tucson Water no longer needs . the reservoir site since the Town is not interested in obtaining CAP water from the City of Tucson. We have contacted Tucson Water to see if they will sell the property to the Kai family,but they have not responded. Given their problems with..an election involving CAP water,we have not pursued this issue with any effort,but we will after the election,and may for a subcommittee to assist us with that issue. • • . Summary • Neighborhood Involvement There will be numerous other issues as we proceed, and we expect our-committee of neighborhood representative to grow_ However,we have asked these representatives to try to keep the overall "steering committee"as small as possible as it is impossible to work on a project like this with more •than the 25 or 30 people we now have. We have.made it clear we do not wish to exclude anyone and there,of course,will be numerous public hearings. In addition,we are willing to attend individual neighborhood association meetings for briefings on a monthly basis or however often the associations desire to meet. But,there arc probably more than 1,000 total residents withing a half clitaritireStOCeSis) ATM/4MM (001111/1fd5 270 North Church Ruenue. lucsoo Rrizona 85101 ■ 15201620.1118 fat 628.1631 2111 East Broadway Road:Suite 14 Tempe Arizona 85282 • (602.)921.02QM fat..921-9561 DISTRIBUTED TO: Ig MAYOR 73 TOWN MANAGER F1L: PI COUNCIL n DEQ ❑°THE Mayor Paul Loomis October 8 , 1999 1�- Re: Kai/Capri Property Agenda Item Dear Mayor Loomis: It is our understanding that the owners of the "Kai/CapriProperty" (a parcel of approximately 245 acres that is situated uated on the southeast corner of Tangerine and First Avenue) plan to ask the Oro Valley Town Council for a one-year extension of pre-annexation agreement. We understandtheir that the Kai/Capri Property has been scheduled for consideration at the October 20 , 1999 Town Wednesday Council Meeting. For the reasons explained below, we urge the Council to denythe requestP for the extension. We reside at 826 East Palisades Road, just east of Avenue. The Kai Property surrounds First p y our immediate neighborhood on three sides. The eight or so houses in our neighborhood are on parcels that average three acres per house. Similarly, the two dozen or more houses just west of First Avenue ' C (across First Avenue from the Kai /Capri apri Property) and between Tangerine and Naranja are in a comparably low-densityneighborhood. development g hood. In other words , the existing for at least 1/2 mile east of First Avenue and for at least 1/2 mile west Brine andof FirstAvenue between Tangerine Naranja is exclusively low-density residential housing. That is roughly one q y square mile of low- density residential real estate. We strongly believe neighborhood, includingg Y Neve that our the Kai/Capri Property should remain a relatively low-density residential area. Brief Background Approximately five years ago, our neighborhood, ' the Kai/Capri Parcel was annexedg including by the Town of Oro Valley. It is our understanding that, prior to annexationKai /Capri the Kai/Capri Property was zoned by Pima County for no more than one house per 3 . 3 acres. And after annexation, in the absence of any pre- annexation agreement, the Kai/Capri Propertywould have similarly zoned for one house been per 3 . 3 acres . In conjunction with the annexation, the Kai/Capri Property owners obtained a mixed use permit that included an 18-hole golf course for part of the parcel , a higher density classification forpart of residential the parcel , and a commercial classification for the on the remainder of their parcel. The permission for these altered use classifications was obtained without the benefit of any neighborhood or otherinput, public but was to remain in effect for only five years . The five-year period will expire on October 26 , 1999. The Y owners now seek a one-yearKai/Capri Property extension of that agreement. The Present Situation After five years, much has changed. The feasibility new golf course in the vicinity of a of Tangerine and First Avenue has Page 2 greatly diminished. Within only a few miles of that intersection, we now have 99 holes of golf ( 45 holes at the Sheraton Hotel & Country Club, 18 holes at Oro Valley Country Club, 18 holes at Rancho Vistoso , and 18 holes at Sun City yet with another 18 holes at Rancho Vistoso under construction. Some people eo le would say that 117 holes of golf in a lot of golf . Obviously, the local market is town of 0 , 000 is a prettywell saturated with golfing real estate. A short walk from the Town Hall on almost any day of the year (even in the • "highseason" ) will confirm that the Sheraton Country Club winter another golf courses are playing well under capacity. Thus , course in this town would appear to be a certain money loser for its owner, whether the golf course is privately owned or municipally owned. appreciate to more fullya reciate the diminished feasibility of new golf courses inValley, Oro we need only consider our limited at the level of our water supplies . We read in the newspapers th p� ground waterp has dropped some 200 feet in the past 50 years . Piping in CAP water will involve a major expenditure and is obviously severalyears ears away. Whenever CAP water does become available , we have to wonder how long it will be available in adequate quantities for the growing population in this State. Considering the present realities . it is hard to imagine an course being built viable golf either by a private Town of Oro Valley in the Tangerine and First developer or by the Avenue neighborhood at any time in the foreseeable future. that the Kai/Capri Property owners have also We understand h considered building hotel , office, and retail sales buildings, along with new access roads on the site. That sort of dramatically and adversely alter the character development would dr y our nei hborhood. We would be strongly opposed to any such of g ood. In addition, such change in our neighborh development wouldon First Avenue. only exacerbate a mushrooming traffic tangle The Need for Public Participation Major changes in the zoningof a property such as this must be preceded by to participate in an opportunity for the public p P decision-making process. The Kai/Capri Property pre- the decisi g • fiveyears ago did not involve that kind of annexation agreement • g have. Now that But it certainly should public participation. the five-year period is drawing to an end, the agreement must be that the eventual development of this allowed to lapse in order meetingvenue. t properly discussed in the open property may be Basic Conclusion Council must The Oro Valley Townin good conscience allow the five-year period for the Kai/Capri Property pre-annexation Page 3 agreement to lapse and disappear in oblivion. Then the matter may be considered by the community in open public discussions in the proper manner. We hope you will give careful consideration to our views on this matter. If you have any questions, don't hesitate to call us. Our telephone number is 297-5980, Sincerely, 'L__J Cut-L-L Barbara and Richard Bauer October 17, 1999 DISTRIBUTED : MAYOR ill TOWN MANAGER Ea FILE Honorable Paul Loomis, Mayor COUNCIL DEPT HEADS 0 OTHER Town of Oro Valley 11000 N. La Canada Dr. Oro Valley, AZ 85737 Dear Mayor Loomis, This letter is being written to provide some perspective regarding the General Plan designation of Master Planned Community for the Kai/Capri propertyon the southeast corner of Tangerine Rd. and First Ave. I served on Sector Board 3 during the General Plan effort severalg ears ago, and we were Y charged with designating a land use for this property. It had recentlybeen annexed into . the Town, complete with a pre-annexation agreement that provided for extensive commercial and high . g density housing development. Given that the Town had, in effect, alreadyapproved pp the level of development for this property, there was little discussion of the roe regarding 1 . property rty g g and use. Indeed, a representative for the Kai family, Mr. Carl Winters, came to one of the Sector Board meetings and gave a presentation of planned development. This onlyserved to reinforce . the impression that no alternative land use was reasonable. The point I wish to make is that the designation approved bySector Board 3 was influenced . by the current status of the property at that time. I am convinced that had there had been nopre- annexation agreement,the Sector Board would have considered Low Density Residential as a viable le land use for the property. As a consequence, it would be incorrect to use the current General e eral Plan designation as a hard and fast rule for determining the fate of thisro p IertY. It is my opinion that the pre-annexation agreement should be allowed to lapse. This will 11 provide an opportunity for public input regarding the development of the propertyas formal P a plans for it go through the regular channels of Town approval. Thank you for your consideration of this matter. Sincerely, (416 441411 Carl A. Boswell cc: Brent Sinclair Bryant Nodine Fran LaSala Wayne Bryant Dick Johnson Paul Parisi DISTRLJTED TO: 23 MAYOR ta TOWN MANAGER 01 FILE 53 COUNCIL 'fp DEPT HEADS 0 OTHER k, ‘,Q-t-- 0.e± ?) j2(19- X// (ir 41) " 1/14 • fes~ 42, "/ 6LV-r A4A9t- 4 ' 4.&A/t- jjAti )/1.4iL I //42 4 j.,Z44/L 6142 . 01- g , t9z "_ , LL • October 17, 1999 DISTRIBUTED TO: •Ed MAYOR M TOWN MANAGER Fit EEI COUNCIL **1141 DEPT HEADS 0 OTHI Honorable Paul Loomis. Mayor • r\oeul Town of Oro Valley 11000 N. La Canada Dr. Oro Valley, AZ 85737 Dear Mayor Loomis, This letter is being written to provide some perspective regarding the General Plan designation of Master Planned Community for the Kai/Capri property on the southeast corner of Tangerine Rd. and First Ave. I served on Sector Board 3 during the General Plan effort several years ago, and we were charged with designating a land use for this property. It had recently been annexed into the Town, complete with a pre-annexation agreement that provided for extensive commercial and high density housing development. Given that the Town had, in effect, already approved the level of development for this property, there was little discussion of the property regarding land use. Indeed, a representative for the Kai family, Mr. Carl Winters, came to one of the Sector Board meetings and gave a presentation of planned development. This only served to reinforce the impression that no alternative land use was reasonable. The point I wish to make is that the designation approved by Sector Board 3 was influenced by the current status of the property at that time. I am convinced that had there had been no pre- annexation agreement,the Sector Board would have considered Low Density Residential as a viable land use for the property. As a consequence, it would be incorrect to use the current General Plan designation as a hard and fast rule for determining the fate of this property. It is my opinion that the pre-annexation agreement should be allowed to lapse. This will provide an opportunity for public input regarding the development of the property as formal plans for it go through the regular channels of Town approval. Thank you for your consideration of this matter. Sincerely, Carl A. oswell cc: Brent Sinclair Bryant Nodine Fran LaSala Wayne Bryant Dick Johnson Paul Parisi 11,700 N. Joi Drive Oro Valley, Arizona 85737 October 19, 1999 DISTRIBUTED TQ: 0 MAYOR 0 TOWN MANAGER 0 FILE Mr. Paul Loomis, Mayor 1:3 COUNCIL 0 DEPT HEADS 0 OTHEI Town of Oro Valley 11,000 N. La Canada Drive Oro Valley, Arizona 85737 Dear Mr. Loomis, I understand that the Town of Oro Valley encourages dialogue between developers and local citizens as a way of improving the development process within the town. However, recent interactions between Mr. Carl Winters and his "citizens group" related to the Kai/Capri Property has some disturbing similarities to the proverbial fox guarding the hen house. In addition, the Town has been a party, in a small way, in this affair. I have talked with several members of the citizens group. Almost all of the members are from the Palisades neighborhoods and are relative newcomers to the town and do not know the history of the pre-annexation agreement. Enclosed is a copy of some correspondence between the group and Mr. Winters where he explains that"This agreement does not ask the Town to do anything we are not doing, anyway, and would be of comfort to my clients if it were extended." I strongly disagree with this statement. In addition, he says in a letter to this group dated Sept. 30th that [Valerie Feuer] "indicated that it would be very helpful to her to have letters from you and/or your association supporting the extension."The people I spoke with had never seen the actual content of the pre- annexation agreement and had not thought that it was important even though many important aspects of the project hinge upon that very agreement. In addition, the people I spoke with had other impressions about the plan that had common themes 1)That the only alternative to Mr. Winters plan was "wildcat subdivisions", not nice, well-planned neighborhoods. 2) That if they went along with Mr. Winters plan that they would be included in the planning process, otherwise they might not be. 3)That they were alone in feeling uncomfortable with the high density zoning, the commercial areas, and the golf course in the wash and that the other members of the committee would be angry with them for that reason. That is why they contacted me. In correspondence to the town dated September 30, 1999, paragraph two, Mr. Winters would have you believe that he has met with representatives of all of the neighborhoods adjacent to the Kai Property. On the west side of First Avenue, there is no representative from Tangerine Meadows and only one resident from Tangerine Hills-Mr. Dennis McCarthy, a civil engineer, who does not have any authority to represent my neighborhood. I feel that this is a calculated move because the planned commercial areas directly across First Avenue are likely to not be very popular with these established, low density neighborhoods. When I heard of the request for extension of the pre-annexation agreement, I contacted approximately 120 residents on the west side of First Avenue. They range in distance from just across the width of First Avenue,to approximately one mile away. A letter was sent out by Mr. Bryant Nodine with notification of the upcoming hearing on the pre-annexation agreement (enclosed). Were these letters sent to all residents within 600 feet of the property?No, they were • sent out only to members of Mr. Winters citizens committee, some of which live a half a mile away, whereas residents across First Avenue did not receive a letter. I know this to be a fact because I requested a copy of the list of people who received the letter and the list was a Xerox copy of Mr. Winters list (enclosed). So the Town only sent notice to people on the developers list? This is an obvious faux pas on the part of the Town. It seems that the Town has paid the developers postage, whereas I had to pay the postage to notify the people in Tangerine Hills and Tangerine Meadows many of whom are within 600 feet. If there is to be meaningful dialogue between the development community and the residents, then the residents need to be provided with all the relevant information concerning the project from an unbiased source. Until the Town can play a leadership role in such meetings, I would be concerned about the Town advocating such interactions. Before I close, I would also like to point out a few omissions that I feel were made in the staff report that I received from Mr. Dennis Silva on October 15th. First, he does not mention the current zoning of the property which is R1-144. Second, he has not included the Native Plant Protection and Salvage Ordinance in the list of ordinances that were not in place in 1994. In addition, I feel that quotations taken from correspondence from the applicant should be identified as such so that they won't be taken as staff position, particularly the second paragraph of the Summary which states that"the applicant needs more time and not be under the pressure (sic) of the deadline imposed by this resolution." I also find it interesting that the report contains the statement "The General Plan states that this land use designation(PAD) will encourage the protection of major washes and environmentally sensitive areas." On the maps of the current plan,the two major washes on the property are filled with golf courses, which hardly seems like protection to me. I appreciate your attention to the matters that I have brought before you. Sincerely, "aF Patty Estes Oro Valley Neighborhood Coalition C: Brent Sinclair Bryant Nodine Chuck Sweet Fran LaSala Wayne Bryant Dick Johnson Paul Parisi referred my request to the City Attorney for catio on input. I have received no further communication P this issue. 6. When to bring in all neighbors? This is really up to you, as representative ofour neighbors. I y � would suggest we have a large meeting soon, as I am getting more and more calls from your neighbors wondering why they are not included. Perhaps we should have one meeting, find out g� who would like to attend future meetings, then do a newsletter to the rest. This will be a long process and most people are not going to want to go to meetings over a long time. 7. What are our time constraints? As you know, we have a"pre-annexation agreement" that expires at the end of the year. I would like to request that agreement be extended for another year, with your assistance and cooperation. This agreement does not ask the Town to do anything we are not doing, anyway, and would be of comfort to my clients if it were extended. 8. What is our timing? We are not in a hurry to complete this plan except for the time constraints of the pre-annexation agreement. So, if the agreement is extended by the Town, this will relieve some pressure to pursue this PAD. As you can see below, we do intend to file the PAD so staff can begin their review. We will see that those of you who desire a copyof the PAD are supplied PP with a copy. We believe a preliminary review by staff will be valuable. In the larger context, we anticipate processing the PAD will probably take through the summer of 2000, if not longer. The PAD must be reviewed by the Oro Valley Development Review Board, Planning and Zoning Commission, and Mayor and Council. For sake of this time line exercise, let's assume the PAD is adopted in June. At that time, we'll prepare and process a"block" plat which will establish the development areas, road rights-of-ways, and that kind of thingfor the entire property. This should take approximately 6 months to process. Either at the same time or shortly after, we would prepare and process subdivisions for lots for the individual areas. Say we first process the area adjacent to Palisades South. ThatP lat will take at least 3-4 months to prepare and 4-5 months to process. At soonest, then, this area might have the PAD adopted and subdivided somewhere around this time nexty ear, or a little later. More likely, a little later. Then, the project would have to be bid out and built; another 6 months or more. So, the earliest a house might appear would be approximately 18 to 24 months. 9. What other documents are we going to prepare? The PAD will follow Oro Valley idelines as it must. However, we will also be preparing homeowners association documents, including architectural guidelines, as well as CC&R's for the entire project regulatingthingslike outdoor storage of vehicles, television antennae, and all that stuff. Remember, the PAD just takes care of the land use issues such as where residential is tog o and the minimum size of lots and that kind of thing. It also sets out the over-all themes, such as street scapes, street furniture, entry wall treatments for the project as a whole, and signage. It is a step, but only a step, toward development. After the PAD is approved, we must still do subdivision plats, at which time we will set up individual design guidelines for each development area. These will further refine project by project entry treatments withing the over-all context, project signage, NOTICE OF PUBLIC HEARLNG BEFORE THE ORO VALLEY TOWN COUNCIL In accordance with Sec. 1-708 of the Oro Valley Zoning Code Revised and Arizona Revised Statutes Sec. 9-462.06, NOTICE IS HEREBY GIVEN that the Oro Valley Town Council will hold a public hearing on Wednesday, October 20, 1999 commencing at or after 7:00 p.m. The meeting will be held at the Oro Valley Town Hall, 11000 N. La Canada Drive and the subject matter will be as further described below: PUBLIC HEARING: OV9-95-20 KAI PROPERTY DEVELOPMENT AGREEMENT EXTENSION Resolution No (R)94-49 was approved on October 26, 1994. Planning Resources. representing the Kai family requests an extension on this development agreement. The 245 acre property is located at the southeast corner of Tangerine Road and North First Avenue, and extends south of Palisades Road to Naranja Drive. The current development agreement allows not more than 1.300 dwelling. units, a golf course, hotel and related uses3 and retail uses. Information is available for review during- normal business hours at the Oro Valley Town Hall, Community Development Building. Persons interested may appear in person, by agent or attorney, and the petitioners must appear or be represented. Please contact Dennis Silva. Jr. at 797-9797 if you have comments and/or questions on the proposed development agreement extension. 11-11 /Dimi9LREQ: =ri t M.Nodine, AICP Planning and Zoning. Administrator F:\OV\OV9\1995\9-95-20\NOTICE.doc ct 19 99 10: 47a Community Development 520 742 1022 p. 1 Donna Johnson K.C. Caner 11530 N. Skywire Way 11530 N.Skywire Way Y Tucson, AZ 85737 Tucson,AZ 85737 Army Curtis Richard Feinberg � Alex Henze Z 1991 N. Labyrinth th Drive 1451 E. Triton Place 11506 N. Tucson, AZ 85737 Civano Place Tucson, AZ 85737 Tucson,AZ 85737 . , Awe si...F— W!.. --7fi x ....1.-, ' _, i't ?oug McKeeu1 v tr • ' L :^iSA' & ' hyn So " 1vd147S •,Mary Rates N. Cassiopeia 11550 N. Skywire Way 11525 N.Skywire Way Tucson,AZ 85737 Tu � Tucson, AZ 85737 Tucson,AZ 85737 Dana Brockway Rich Brown - 11480N. Skywire WaFred &V1�ndyKtng Way 11440 N. Skywire Way820 20 E• Palisades Road Tucson,AZ 85737 Tucson, AZ 85737 Tucson,AZ 85737 Cheryl Smith Mike Skyisky Wade &Penny Parac 11500 N. Skywire Way 1775 E. m Gan ede Drive Tucson, AZ 85737Y 11956 N.Labyrinth Tucson, AZ 85737 Tucson, AZ 85737 • Robert Atcala Warren Braun 12625 N. Pioneer Tom &Tina Bush nee Way 11550 N. Charouleau Drive 11420 N. Tucson, AZ 85737 Skywire Way Tucson,AZ 85737 Tucson,AZ 85737 • r• ,• e ►..• ,. .K'.•• i.M..: . . ..r. •Z •a.'_: .........n.e .R.YL ��N..A+A��e w+1ow• ✓..c A l+�/.M�mp i'+.. .K ..;!.�t-.AA.+c.L►- w.. ..L4A.*. . . ...►:._• Russ & Dianne Dee Brady Buckley Dennis McCarthy 1841 E. Pole Star Place 11526 N. Civano Place 600 E. Tucson,AZ 85737 Strada Patania Tucson, AZ 85737 Tucson,AZ 85737 Stan &Renee Weintraub Bill Crown & Elizabeth MacNeill 1320 E. Starship Place. 850 E. Placita Leslie Tucson, AZ 85737 Tucson,AZ 85718 Poet-it'Fax Note 7671 Baa 101 ft 19 -put., 1 To ,tl.t E5T3 From'- zsot 5 54,44 t Co/Dept. Co, ORO VA }-Z V � Phone# Phone* wo-mi Fax#t roll -31Cg `Fax# --11 4...10 as -- 4.--46:.b-......c.. , , - 0.•'•:••..... 1.ate.*$.,-.:4 tat i..w L... 0.:"�a ftivililhVit, , ; ,.,tea►0 waihit 4.-•► ri roil 1I''` " ,'' :''�"4."'Tr1. 4.-...—,ttr r • . MEMO. - • . . . To: Palisades Village N ' bo ood Advisors From: Carl Winters • Subject: Next Meeting. • , - • Date: September 29, 19 I'll do a•cou le of mailings this-time. I just wanted toget out a couple of things before I finallyfit P � in my vacation, the week of October 4th. First,• the next meeting, as discussed, is on November 8th at the Lutheran Church, on the west side of 1st at Palisades. Not quite as fancy,-but more convenient: It will be at T p.m. Secondly, I am sending all.of you a copy of my mailing list. This includes everyone who was at • out last•meeting ands Fred& Wendy King, who I think are the only ones to miss the second •meeting but were at the first meeting. . Third, I am enclosing the article I mentioned on Master Planned Communities from the Urban • • Land Institute. It mentions.the two big issues for larger scale projects; that is they'require .considerable infrastructure, and they usually require more than one economic cycle to complete. • Fourth, I would suggest the following subcommittees for the time being: • 1. One to help me with the golf course. This will include workingwith Oro Valleyto secure a source of non-potable water,•and to see what we.can do to get a little.more land_ • There are a couple of alternatives, but to the-north and to the south. • 2. One to help me with access to Tangerine to help relieve congestion on Palisades. 3. One to.help me create the"theme" landscaping and screening along both.1st and . . - Palisades. This would include putting the electrical facilities underground,.if possible. . This will also include pedestrian paths:and street"furniture" such-as.lighting standards. - 4; One to help me with the buffer between Catalina Shadows and Palisades Village. We do not abut Palisades South except for a 660.foot segment. So, Cheryl; Dana, Donna, or - • one of you on Skywire, you are elected for this pick or se inent amongstyou.- g Y Later on, we'll start in on the architectural committee and architectural guidelines. So, ifyou are. • interested in this area or have good examples, let me know. Each of you can be on more than one subcommittee, if you want. • Lastly; I will'be preparing•a letter to Oro-Vali requestingthe time be extended On the pre- . P . annexation agreement. I'll copy each of you-when I do.that and would verymuch appreciate your support orrt . resources .planning fandsap•e arc ecturi urban d deueLn9meflt consultants • . • • 278 Horth Dumdum. Tucson Oritona 85701 a (5201628-1118 fax'. 628-7637 2111 East Broadway Road..Suite 14 Tempe Arizona 85282 a (6021921.0208 fax: 421-9561 • Donna Johnson i K.C. Carter 11530 N. Skywire Way 11530 N. Skywire Way Tucson, AZ 85737 Tucson, AZ 85737 Army Curtis - Richard Feinberg . Alex Heinze 11991 N. Labyrinth Drive 1451 E. Triton Place 11506 N. Civano Place Tucson, AZ 85737 Tucson, AZ 85737 Tucson,AZ 85737 . Doug McKee Al & Marilyn Cook ' Mary Rates 11836 N. Cassiopeia 11550 N. Skywire Way 11525 N. Skywire Way Tucson, AZ 85737 Tucson, AZ 85737 Tucson, AZ 85737 Dana Brockway , Rich Brown . Fred &Wendy King 11480 N. Skywire Way 11440 N. Skywire Way 820 E. Palisades Road Tucson, AZ 85737 Tucson, AZ 85737 Tucson, AZ 85737 Cheryl Smith ' Mike Skylsky . Wade &Penny Parac 11500 N. Skywire Way 1775 E. Ganymede Drive 11956 N. Labyrinth Tucson, AZ 85737 Tucson, AZ 85737 Tucson,AZ 85737 Robert Alcala • Warren Braun • Tom &Tina Bush 12625 N. Pioneer Way 11550 N. Charouleau Drive 11420 N. Skywire Way Tucson, AZ 85737 Tucson, AZ 85737 Tucson,AZ 85737 Russ & Dianne Dee . Brady Buckley Dennis McCarthy 1841 E. Pole Star Place 11526 N. Civano Place ' 600 E. Strada Patania Tucson, AZ 85737 Tucson, AZ 85737 Tucson,AZ 85737 Stan & Renee Weintraub . Bill Crown & Elizabeth McNeill 1320 E. Starship Place 850 E. Placita Leslie Tucson, AZ 85737 Tucson, AZ 85718 UC I-2r-199 hUi..h 'NIL "2k6 1 (4b4 r. 1%L- asW TY4 OIMMIlinnoi W4YOR ra TOWN MANAGER UEj FILE courgx,cti Dept toes aniER ilw.mud..277144444"- October 27, 1999 atrt+ Oro Valley Town Council 11000 N. La Canada Drive Oro Valley, AZ 85737 Dear Sir, It ismy understanding that consideration will be given tonight regarding the extension gr of the pre-annexation agreement on the Kai Capri Property on the east side of First Avenue. and Catalina Shadows four years ago not only for the views but I moved to Oro Valley because it was far enough away from the city to be enjoyable. The thought of having to drive a few miles to `civilization' was a conscience one. family wants to add highdensity housing, a hotel, a golf course and a Now,the Kai am y shopping center; a project which flies in the face of all environmental ordinances passed during the past five years. allowing Traffic in the area is already too heavyand this development to proceed will turn First Avenue into an extension of Oracle which s not why residents of the neighborhood chose their homesites. allow the re-annexation agreement to expire so that together as a..0minu Y Pleasep the we can decide how this land should be used to preserve the ideals and spirit of neighborhood. Sincerely, C.B. Johnson 11979 N. Labyrinth Drive Oro Valley, AZ 85737 TOTAL P.01 04-6-011.6 . _ CHARLES B. DRAKE ► aO: MAYOR x►`i) TOWN MANAGER FILE MARYANN DRAKE 11]COUNCIL HEADS rtil OTHER 1489 EAST GANYMEDE DRIVE ORO VALLEY AZ. 85737 &_414- October 1999 Dear Mr. Mayor, Vice-mayor and members of the town council, As a homeowner in the Catalina Shadows Sub-division off Palisades Road, I would like to express my opinion regarding the Kai/Capri development plan. Since this project will directly affect the area where I live, I ask you to please take careful consideration regarding the agreement with the development of the Kai/Capri property. This is an extremely extensive project and should not be allowed unless it is within the current zoning, ordinances and guidelines. I ask you to allow the previous agreement to expire and any new agreements must be within the current rules and regulations regarding zoning, ordinances and guidelines. Thank you for your consideration regarding this matter. Iesppctfully yours, c(Ist-t-rniL6 DISTRIBUTED TO: (A MAYOR 1;11 TOWN MANAGER In FILE CHARLES B. DRAKE COUNCILEa Ill DEPT HEADS 0 OTHER MARYANN DRAKE 1489 EAST GANYMEDE DRIVEIESUY1-÷O VALLEY AZ. 85737 October 1999 Dear Mr. Mayor, Vice-mayor and members of the town council, As a homeowner in the Catalina Shadows Sub-division off Palisades Road, I would like to express my opinion regarding the Kai/Capri development plan. Since this project will directly affect the area where I live, I ask you to please take careful consideration regarding the agreement with the development of the Kai/Capri property. This is an extremely extensive project and should not be allowed unless it is within the current zoning, ordinances and guidelines. I ask you to allow the previous agreement to expire and any new agreements must be within thp cµrrpnt rules and regulations regarding zoning, ordinances and guidelines. T114nk yq4 fpr qipation9rpgarding ttlis matter. Lc11-brf 6 DISTRIBUTED TO: 14 MAYOR fp TOWN MANAGER 17J FILE 121 COUNCIL DEPT HEADS 0 OTHER &MA' October 1999 Dear Mr. Mayor, Vice-mayor and members of the town council, As a homeowner in the Catalina Shadows Sub-division off Palisades Road, I would like to express my opinion regarding the Kai/Capri development plan. Since this project will directly affect the area where I live, I ask you to please take careful consideration regarding the agreement with the development of the Kai/Capri property. This is an extremely extensive project and should not be allowed unless it is within the current zoning, ordinances and guidelines. I ask you to allow the previous agreement to expire and any new agreements must be within the current rules and regulations regarding zoning, ordinances and guidelines. Thank you for your consideration regarding this matter. Respectfully yours, eue_op - ori-o 0/1-1.-L 2. 7 , LO-11) DISTRIBUTED TO: pi MAYOR 10 TOWN MANAGER FILE al COUNCIL ig3 DEPT HEADS El OTHER 61.1-11‘-+ October 1999 Dear Mr. Mayor, Vice-mayor and members of the town council, As a homeowner in the Catalina Shadows Sub-division off Palisades Road, I would like to express my opinion regarding the Kai/Capri development plan. Since this project will directly affect the area where I live, I ask you to please take careful consideration regarding the agreement with the development of the Kai/Capri property. This is an extremely extensive project and should not be allowed unless it is within the current zoning, ordinances and guidelines. I ask you to allow the previous agreement to expire and any new agreements must be within the current rules and regulations regarding zoning, ordinances and guidelines. Thank you for your consideration regarding this matter. Respectfully yours, 6?-5'2 3 7 T, LII-tin DISTRIBUTED TO: al MAYOR pi TOWN MANAGER FILE ►'a OOUNCIL DEFT MEADS Q OTHER October 1999 Dear Mr. Mayor, Vice-mayor and members of the town council, As a homeowner in the Catalina Shadows Sub-division off Palisades Road, I would like to express my opinion regarding the Kai/Capri development plan. Since this project will directly affect the area where I live, I ask you to please take careful consideration regarding the agreement with the development of the Kai/Capri property. This is an extremely extensive project and should not be allowed unless it is within the current zoning, ordinances and guidelines. I ask you to allow the previous agreement to expire and any new agreements must be within the current rules and regulations regarding zoning, ordinances and guidelines. Thank you for your consideration regarding this matter. Respectfully yours, / 41.6 DISTRIBUTED TO: 1121 MAYOR TOWN MANAGER Z1. FILE COUNCILgi EPT HEADS ❑OTHER SRenaido&a 11661 N Europa Pt Oro Valley,AZ 86737 October 1999 Dear Mr. Mayor, Vice-mayor and members of the town council, As a homeowner in the Catalina Shadows Sub-division off Palisades Road, I would like to express my opinion regarding the Kai/Capri development plan. Since this project will directly affect the area where I live, I ask you to please take careful consideration regarding the agreement with the development of the Kai/Capri property. This is an extremely extensive project and should not be allowed unless it is within the current zoning, ordinances and guidelines. I ask you to allow the previous agreement to expire and any new agreements must be within the current rules and regulations regarding zoning, ordinances and guidelines. Thank you for your consideration regarding this matter. Respectfully yours, atbrilit DISTRIBUTED TO: 111 MAYOR TOWN MANAGER MI FILE Mr&Elizabeth Stareck ►'�l COUNCIL ❑ DEPT HEADS 0 OTHER /1661 N.Europa n417ENt14Tucson,AZ 8573 October 1999 Dear Mr. Mayor, Vice-mayor and members of the town council, As a homeowner in the Catalina Shadows Sub-division off Palisades Road, I would like to express my opinion regarding the Kai/Capri development plan. Since this project will directly affect the area where I live, I ask you to please take careful consideration regarding the agreement with the development of the Kai/Capri property. This is an extremely extensive project and should not be allowed unless it is within the current zoning, ordinances and guidelines. I ask you to allow the previous agreement to expire and any new agreements must be within the current rules and regulations regarding zoning, ordinances and guidelines. Thank you for your consideration regarding this matter. Respectfully yours, r � 41-f_J Qgtx- c DISTRIBUTED To: MAYOR TOWN NiANAG A AL Ks COUNCIL Ea DEPT HEADS 0 OTHE We wish to voice our objections to the extension of the pre-annexation I:Path agreement for the Kai/Capri Property on First Ave, between Tangerine and Naranja. l This agreement was entered into prior to current ordinances and totally ignores current needs and desires of the neighborhood. Instead of another apartment complex , we prefer to see single family homes or townhouses. There are already many apartment complexes with an abundance of available space on Oracle. We have no desire to see First Avenue become another Oracle. A first class hotel with up-scale shopping would be ideal for this neighborhood. Also consider a practical shopping area, possibly with a drugstore, shoe repair shop, beauty salon, coffee shop, bagel shop, etc. These shops encourage local business owners as well as local patronage. A golf course with a driving range would also encourage our young people to not only learn to play golf, but give them a healthy activity. This property would be an ideal location to provide for a more cohesive neighborhood for present and future Property Owners, with a vested interest in this area. Bob and Mary Bischoff 1864 E. Starmist P1. Tucson, AZ 85637 219-1020 OCT Tnu DIS1AIBlliED TO: ►'.N;•mAY0,,Ft TOWN MANAGER 41 FILE 0.COUNCILEpLtr7s ❑OTHER October 27, 1999 Attention: Kallie Re; Zoning of Property in SE Corner of Tangerine and 1'Avenue To: OV Council Members and Others . From:Russell Tronstad 460 B.Strada Patagia • (Tangerine Hills,SW Corner of Tangerine& Ave.) Oro Valley,AZ 85737 I am writing this memorandum opposing the zooming for a retail pad along 1"Avenue and S.of Tangerine. I live across the street from this in.a neighborhood that has 1 house per acre. Rezonmg this property from the current 1 pause for every 3.3 acres to a retaiTpad will have a very negative impact on the quality of in our neighborhood and on the value of our property. I find it very unacceptable for.the developers to put a retail pad next to our property with no buffer zone. On the East East side of the p • • �,� development,'tley have proposed a housing development with similar or less �ensity thethan existing nefg�wrhood. I feel that on the West �tside of this development we should be entitled to at least the same buffer zone. Place a -• bavith 1 house per acre or move the golf course next to 1e6 Avenue--then the can place higher density housing in the middle of their property. But I highly �oubt that=in wouldput want to "open4.•,like a-golf course next loo 1 Ate.become�y ' the value of„� r-"J space" i.e.,Thome / acre, l house/ 3.3 ate,or a golf course)ald have placed their proposed apartments,etc,next to the golf i:ourseand the mail pad next to us1! Clearly,the developers are proposing devel' merit that will maximize their return without giving any consideration to the +m the cornitunity to the West of them. A street like 1"Avg.is ;� ;';` tufficient to be ailed a"buffer zone"for the existing 1 house per acre zanies: .. . • dor these Teasons,,I .:>, ,� . yurgetheOvc0mdut0b0t00 then of the zoningthat was done by cson--which didn't even ateirt us.*their zoaing decision. Russell Tronstad • Z0 39tld SDIWON003 S321 Jd 57f1 65Z9ZZ90ZB LZ:VT 666T/LVOT .►, October 19, 1999 Mr. Paul Loomis Oro Valley Town Hall 11000 N. LaCanada Dr. Oro Valley, Arizona 85737 Dear Mayor Loomis, The purpose of this letter is to demonstrate my very strong support for the enclosed letter of October 2nd sent to you by Patty Estes. I have discussed the request of the Kai/Capri Company to file for a one-year extension of an agreement made in 1994 with a number of my Palisades Point neighbors. We feel we should have the right to comment on the development of a Master Planned Community including retail shops, hotel and up to 1300 homes in an area we have assumed would have one home per 3.3 acres as called for on the Town Zoning Map. The increase in traffic on Palisades Road from all these homes as well as the Senior Care and Senior Apartments would be horrendous. By way of information, I attended the last meeting of the Palisades Village Neighborhood Planning Committee hosted by Carl Winters of Planning Resources and asked him why the R1-144 zoning for the property was not a more appropriate use than a Master Planned Community was. His answer was that anyplace he had seen 3 acre zoning ended up with homes that had drilling rigs, old cars, RV's, etc on the property which turned out to be eyesores. He also stated many people would want to have horses. My neighbors and I would certainly rather take our chances with homes on 3.3 acres rather than a Master Planned Community and golf course. We urge you and the rest of the Board to reject the request for an extension of the pre- annexation agreement so those of us who were not even here when it was granted will have a chance to fully comment on a development plan that would benefit the whole community. Regards, • Brady Buckie 64-4-(jd–in- 1526 N. Civano P1. Tucson, AZ 85737 Cc: Richard Johnson, Paul Parisi, Francis LaSala, Wayne Bryant, Chuck Sweet, Brent Sinclair, Bryant Nodine 11,700 N Jo, Drive arra Z T 11 A.•:.-...«.. ()CPT,'" rNr. _1--- '1 1!1A" '.J toV..l G., 1777 Mr. Bryant Nodine and Ms. Valerie Feuer Planning and Zoning Department Town of Oro Valley 1 ,000 w T 2 ran2Aa prise nom, )ley A sl£zV. L85737 Dear Mr. Nodine and Ms. Feuer, It has come to my attention that the pre-annexation agreement governing the Kai/Capri Comnanv nronerty ic dive to expire.nn Octnher 26 1999. This property, 2 4 5 parcel which • • � - expire. - --- --!_� '-- � •, •aYr property�' is a r�..i acre parcel lies Q�Ct��f t+l�'•CT L��1P�IfI� between Tangerine Road and Naranja Drivc. Although it -- , into--- _ ..•V..MAI and Dri c. Although wa.aliilexcd i the Town�r1h n� December�,rt,�-e�..�-�.• 1� 1_+f In.�1 ��-�e T T� � � and r�t ! a : � has•o•♦n on December 1 0, 1 7 74 under 1-r, R.4, R i-144 zoning, the zoning has reverted back to R1-144 effective September i 6, 1995 (see attached letter from Chuck Sweet dated August 26, i 997). During the update of the CJeneral Plan in 1996, the property was designated Master Planned Community(with the exception of a small parcel), due to the pre-annexation agreement ft is my understanding that Mr. Carl Winters_ representing the Kai family, filed one-year - representing ---- ----- -- has ---�.i. for a one-year.rwt extension on that aPreement NP has stated that this extension ne^-s---; for♦i,o.., ..►work details f development v ' ent. has statr�� this exte as on is necessar► them to V o A out deut(1� of thP�r(!f{IP�n^��A1�i After five years,however, I �..., not believe t� 11?�-♦ _ this de•elopmen•plan. t tater five yeas, however, do believe that renewing this agreement is in the best interests of the Town or the adjacent neighbors, for the reasons outlined below. below First, pre-annexation agreements take away the rights of the citizens to evaluate zoning changes in the normal way, through detailed and open public hearings The agreement states in Section 1.5 "the Town will approve the nrnnnced imact.r Plan and expedite approval andgranting o f approve - - ropo • rite. and expedite granting V1 nerTllttC cite plans, 7nninrr applications, plats and ..•1�..,..development matters �_-_� •.r , cite g plats oaliet consistent with carrying out the Master Plan."With the pre-annexation agreement in place, the e citizens will have no standing in approving or disapproving the required zoningchangesor the resulting . have q ult ng land use designations. We would like to have the ability to comment on the project when it is actually going to be developed. Second_ the pre-31'trleXatl[lt1 avrPPrrPr�t CMtp►c tl,�t the development plan ..t.....1a .._1_.L_ L^ - - c- e/�p w w - - n that gr eemen�st..tes at should only be subject to the ordinances and rules place at the time � of � - . _ nances and were in i e cuillexa ion in December 1994. This is stated in section 2.3 "the rules,ordinances,buildingcode, regulation, fee schedules,and official policies of the Town governing the development of the Property are those existing for the Town on the date of the Agreement.�? p It would be totallyinappropriate allow pp p nate to o a property to be developed now and/or several years into the future under ordinances and building codes that were in affect in 1994. We have new and/or improved ordinances such as theof G f Course Overlay, the Riparian Ordinance, Hillside and Grading Ordinances, DesignGuidelines,s, and Native Plan Protection Ordinance as well as new fee schedules inlace now which should hould apply to this property. Third, the neighborhoods surrounding thero sed Master Planned Community P p° o rnuntty have low density designations with the exception of the Catalina Shadows neighborhood gh ood directly east of this parcel: I do not believe that apartments, a 150-room hotel, offices, and a retail center represent an appropriate land use when placed in the middle of R1-144 and R1-36 neighborhoods which currently line the rest of First Avenue and the western half of Palisades Drive. We do not live on Oracle Road or near large parcels zoned Commercial. Currently, our neighborhoods are veryrural Y g in nature and our property values could be seriously impacted if our view of Pusch Ridge is blocked . by retail businesses, apartment buildings, and their associated lights. A similar low density in � development would be more in keeping with the character of the neighborhood and also the hilly Y terrain of the property itself. The town allowed the disastrous situation which occurred with the Monterra Knolls subdivision to the west of us asPart of this same annexation. Don't allow a similar afront to our neighborhood to occur to the east. Fourth, it seems premature to continue to vest the owners with the a rights for golf course g and golf casitas which may never get built. Currently, futureolf courses must be watered g by alternative sources which are not and may not be available in Oro Valley. In addition, the placement Y of the golf course within the two washes on the property may require Federal permits which may not be forthcoming. In light of the County's Sonoran Conservation Plan and the Town's future ESLO and the current Riparian Ordinance, I believe that thegolf course as it is currently issue situated would not be allowed. A related issue that should be resolved is that of access to the CDO Wash via a trail that current exists adjacent to the wash. This would be particularlyimportant to immediately po the people with horse property immediately to the north of the wash. Finally, I believe that the current residents of First Avenue and Palisades, including those in Tangerine Hills and Tangerine Meadows, would welcome a chance to fullycomment on a development plan for a Master Planned Communityon the KailCaPri Property. They should be assured that it will fit into the current neighborhoods and follow all applicable current Town ordinances. PP This can only be done if the pre-annexation agreement is allowed to expire. Most of our right to comment on this property was given away with the pre-annexation agreement.t. This is about to expire and should not be renewed. Don't take away our rights all over again bygrantingan extension to this agreement. � g I request that a copy of this letter be attached asublic comment to Town correspondence P po Bence which will deal with the consideration of the extension of there-annexation agreement greement by staff and the council. Sincerely, Patty Estes C: Brent Sinclair Paul Loomis Chuck Sweet Fran LaSala Wayne Bryant Dick Johnson Paul Parisi 6 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: 10/N99 TO: HONORABLE MAYOR & COUNCIL FROM: Jeffrey H. Weir, Economic Development Administrator 102 SUBJECT: Resolution No. (R) 99 - , Consideration and Possible Approval of Development Agreement between the Town of Oro Valley and Southwest Properties, Inc. BACKGROUND: The existing Town of Oro Valley Community Economic Development Strategy (CEDS) was adopted in the fall of 1997 by the Town Council. One of the five stated purposes of the CEDS is to provide guidelines in decision- making to the Town's political and administrative leadership to achieve unity of purpose in the pursuit of economic development goals. There are twenty one (21) action steps identified in the CEDS that relate to the achievement of the Strategic Plan. Action Step number twelve (12)Develop and adopt a Business Incentive Policy, states that the Town may from time to time wish to use some form of incentives to attract or retain desirable businesses. Guidelines and review criteria will be established to assist the Town in deciding when to grant such incentives. The Town Council approved a Lodging Industry Incentive Policy during the August 4, 1999 regular council meeting. Included in this Policy was the ability to enter into a Development Agreement between the Town of Oro Valley and private sector resort/lodging developers. The use of the Development Agreement is a discretionary use determined solely by the Town Council. Each separate agreement will be specific and must include a defined period of time (Sunset Clause), clear identification of the benefits to the Town of Oro Valley (Fiscally and otherwise) and all agreements require approval by the Town Council (Town staff may negotiate but only the Council may approve). On Monday, September 13, 1999 the Town Staff met with the Town Council and received direction to negotiate a Development Agreement between the Town of Oro Valley and Southwest Properties, Inc. The recommended Agreement has been brought forward to the Town Council and is included in your packet. SUMMARY: As the Town of Oro Valley becomes more reliant on the generation of Sales Taxes as the primary source of operating revenues a major focus on increasing new sales taxes is the encouragement of construction of both new resort/lodging facilities and the expansion of existing facilities. Recognizing that Destination Resorts require large investment sums and understanding that today's cautious investment marketplace highly scrutinizes lodging facility projects the Town of Oro Valley has expressed its desire to "partner"with the owner/developer of these highly desirable projects. The current General Plan and the existing CEDS have identified attracting and expanding resort/lodging facilities as a dual source of potential revenue growth. Lodging facilities provide sales tax revenues for rooms and food/beverage if available and bed tax revenues. Additional sales tax revenues may be generated through offsite retail purchases for existing Town of Oro Valley retailers. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 3 SUMMARY: (CON'T) The highly desirable land use(s) accompanying Resort Developments fit the current General Plan as minimal land is consumed with maximum revenue generation. Additionally, Resort Developments place minimal needs/strains on the communities infrastructure while maximizing revenue creation. The Development Agreement as proposed includes non-revenue sharing considerations. The Town of Oro Valley has committed to: a Acceleration of Water System Capacity and Delivery Improvements already identified in the existing Commercial Readiness Program, ❑ Plans review"Fast Tracking", ❑ Available on-site Inspector as needed, and ❑ Continuation of the current level of financial support for the Metropolitan Tucson Convention and Visitors Bureau (MTCVB). The Resort Owner/Developer has also provided a number of non-revenue sharing considerations. The Resort Owner/Developer commits to: ❑ Expressing their desire to be a recognized corporate citizen of this community a summer Youth Tennis Program that provides access to the Resorts facilities will be developed in concert with the Towns Parks and Recreation Administrator, a In recognition of the need for access to athletic facilities the Resort Owner/Developer will provide summer months access to their pool facilities and once again working in concert with the Towns Parks and Recreation Administrator a Youth Swim Program will be developed, ❑ The Resort Owner/Developer will provide access to available meeting facilities for community meetings and will be coordinated by the Town Managers Office and the Owner/Developer, a The Resort Owner/Developer will establish a Vocational Training program in concert with the Amphitheater School District, and a A Hospitality Industry Scholarship opportunity for selected Oro Valley residents will be established. ATTACHMENTS: 1. Resolution No. R 99 - 102 , Approving a Specific Development Agreement Between the Town of Oro Valley and Southwest Properties, Inc., and 2. 10 and 20 Year Sales Tax Projection spreadsheet, and 3. Cost Estimate for Town's Non-Revenue Sharing Items sheet. FISCAL IMPACT: The Development Agreement as proposed will share the first ten-year 2% sales tax revenues generated at the site. Current revenue projections, as supplied by the owner/developer, calculate the tax revenues for the first ten years as follows: Town of Owner/ All Sources Oro Valley Developer Total Resort Site Specific 2% Sales Taxes $ 3,682,314 $ 1,841,157 $ 1,841,157 ** Total Bed Taxes a@ 1% $ 1,116,088 $ 1,116,088 $ 0 Total Off-Site 2% Sales Taxes $ 4,055,113 $ 4,055,113 $ 0 Sales Taxes on Construction Materials $ 260,000 $ 260,000 $ 0 Total Taxes Generated $ 9,113,515 $ 7,272,358 $ 1,841,157 MTCVB @ 75% of 1% Bed Tax $ 0 $ 83 7,066 $ 0 Net Tax Revenues/Shared Revenues $ 6,435,292 $1,841,157 TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 3 OF 3 FISCAL IMPACT: (CON'T) ** Note: The Development Agreement recognizes that Business Conditions may improve during the ten-year forecast period. The Agreement authorizes consideration for additional Revenue Sharing of Site Specific Sales Taxes to a MAXIMUM AMOUNT to the Owner/Developer of$ 2,400,000. If the Owner/Developer would realize this added revenue sharing the Town of Oro Valley would receive an additional $ 1,697,702. Town of Owner/ Oro Valley Developer Improved Business Conditions Revenue Sharing : Resort Site Specific 2% Sales Taxes $ 558,843 $ 558,843 Total Bed Taxes @ 1% $ 84,691 $ 0 Off-Site 2% Sales Taxes $ 1,117,686 $ 0 Total Improved Business Conditions Taxes $ 1,761,220 $ 558,843 Less MTCVB @ 75% of 1% Bed Tax $ 63,518 $ 0 Net Additional Tax Revenues/Shared Revenues $ 1,697,702 $ 558,843 The estimated NET TAX REVENUES to the Town of Oro Valley (excluding consideration for Improved Business Conditions) for the first twenty years of this project are $ 22,173,226. RECOMMENDATION: The staff recommends that the Town Council approve the Development Agreement, as defined in Exhibit A, and authorize the Mayor to sign the agreement. SUGGESTED MOTION: I move to approve Resolution No. (R) 99 .102 approving the Development Agreement between the Town of Oro Valley and Southwest Properties, Inc., OR I move to / ' 1 KA 141, r , Jeffr= . Weir, CED Erncric Development Administrator ( //,..(xi.;/67I t--A.,/,....-,.3---- David L. Andrews Fina. e Directo / ; .14441.,_ ,d A-<!A Chuck Sw--t Town Manager RESOLUTION NO. (R) 99 102 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA,APPROVING A SPECIFIC DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND SOUTHWEST PROPERTIES, INC. WHEREAS, the Town of Oro Valley General Plan encourages diversification of the local economy to mitigate vulnerability to economic fluctuations in certain industries and encourages active efforts to expand the hospitality and lodging industry which are considered to be highly desirable and well supported by the community, and; WHEREAS,the Town of Oro Valley recognizes the high local tax revenue generation potential of resort facilities, and; WHEREAS,the existing Community Economic Development Strategy,the Economic Development Element of the Town's General Plan, states that the Town may from time to time wish to use some form of incentives to attract or retain desirable businesses, and; WHEREAS,the Town of Oro Valley recognizes the importance of partnering with businesses that contribute to the economic welfare of the community; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA: Approves Exhibit A, Development Agreement Between the Town of Oro Valley and Southwest Properties, Inc., attached herewith. PASSED, ADOPTED AND APPROVED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 27 ttday of October, 1999 TOWN OF ORO VALLEY,ARIZONA Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney EXHIBIT A DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT("Agreement") is entered into this day of 1999 made by and between the TOWN OF ORO VALLEY, an Arizona municipal corporation("The Town"), and SOUTHWEST PROPERTIES, INC. an Arizona corporation, its assignees or designee ("Owner/Developer"), for the construction and development of a 232 room Resort facility located in the Rancho Vistoso Planned Area Development in the Town of Oro Valley. RECITALS A. The Owner/Developer intends to construct a 232 room Resort facility including a spa,retail shops, restaurant(s),and other visitor amenities normally associated with a highly rated Resort in the Town which will create additional sales tax and bed tax revenues for the community and will improve or enhance the economic welfare of the residents of the Town;the economic development activities described in this Agreement will provide a substantial benefit to the Town and its residents. B. The Town is willing to provide economic development incentives in the form of a rebate of sales tax revenue sharing,reimbursement of building permit fees,providing a full time on site building inspector at Town cost,and other considerations described in and under the terms and conditions of this Agreement,pursuant to A.R.S.9-500.11. NOW,THEREFORE,in consideration of the mutual promises made herein,the parties agree as follows: 1. Description of Economic Development Activity. The Owner/Developer shall build a 232 room Resort complex,together with other related facilities normally associated with a resort development, together with on-site parking, landscaping,utilities and lighting to service the resort complex. The Resort complex(referred to as the Project)will be located on a 19-acre parcel at the northwest corner of Rancho Vistoso Boulevard and Vistoso Highlands Drive. 2. Project Design. The design of the Project must receive review and approval by the Town's Design Review Board and Town Council. 3. Off-Site Improvements. The Owner/Developer shall construct all off-site improvements as conditions by the Town to the zoning and permit approvals. 4. Revenue Sharing. In consideration of the economic development which the Project will provide to the town,the high quality and nature of the Project,and the Non-Revenue Sharing commitments of the Owner/Developer,Town agrees to share a portion of the 2%Transaction Privilege Tax and reimburse Town Building Permit Fees that are generated by the Project as described below. Said sharing will be based on documentation that indicates proof of taxes remitted to the Arizona Department of Revenue(ADOR)or fees paid to the Town for Building Permit(s)as determined by the Town's Finance Director. The rebated amounts shall be paid by the Town within thirty(30)days of receipt of an invoice from Owner/Developer,which includes documentation supporting the request,and each invoice shall not be submitted before the expiration of twenty-five (25)days following the end of each calendar quarter. In the event the rebated amounts due from the business operated at the Project is adjusted due to error,overpayment,underpayment or miscalculation,Town and Owner/Developer each agree to remit to the other any amounts necessary so that Owner/Developer and Town each receive the proper amount of rebate ultimately determined to be due for the applicable period. 1 a. Transaction Privilege Tax Rebate.,Town shall reimburse Owner/Developer Fifty percent (50%)of the Town's 2%Transaction Privilege Tax generated from the Project pursuant to the Tax Code of the Town of Oro Valley or any successor ordinance or code imposing a tax on the privilege of transacting business in the Town,beginning with the opening of the Project to the public(Project Opening)and ending at the earlier of: 1. When Owner/Developer has received One Million Eight Hundred Forty-One Thousand One Hundred Fifty-Seven Dollars($ 1,841,157)(the"Projected Tax Share Amount")in the 2%Transaction Privilege Tax shared revenues;or, 2. Upon the tenth anniversary of the Project Opening. Notwithstanding the foregoing, if the Town's Transaction Privilege Tax for the business operated at the Project increases to a percentage above two percent(2%),the Town's obligation to reimburse fifty percent(50%) of the Transaction Privilege Tax shall be based on two percent(2%)of the taxable transactions(which is the existing percentage rate)rather than upon any higher rate to which the Town's Transaction Privilege Tax may hereafter be increased. b. Reimbursement of Building Permit Fee(s). Town shall reimburse Owner/Developer one hundred percent(100%)of the Project Building Permit fees. Said permit fees from the Project pursuant to the Building Code of the Town of Oro Valley or any successor ordinance or code shall not include plan check or inspections fees. Reimbursements shall be made following the first quarter after the opening of the Project to the public(Project Opening). c. Improved Business Conditions Revenue Sharing. The parties to this Development Agreement recognize that the Town will receive the benefit of additional economic development if the Projected Tax Share Amount is met prior to the ten-(10)year anniversary of the Project Opening. The Town therefore agrees to reimburse Owner/Developer forty percent(40%)of any additional 2%Transaction Privilege Tax generated by the Project in excess of the limit in Section 4a above with a maximum revenue shared amount totaling Two Million Four Hundred Thousand Dollars($2,400,000)through the tenth(10th)anniversary of the Project Opening("the Incentive Tax Share Amount"). The Incentive Tax Share Amount is to be calculated by using a Transaction Privilege Tax rate that is the lesser of the current two percent(2%)rate or the rate in existence at that time. In no event shall the sum of the"Projected Tax Share Amount"and the"Incentive Tax Share Amount"exceed$2,400,000. 5. Limited Source of Funds. The Town's Transaction Privilege Tax reimbursement obligations set forth in paragraph 4 are payable solely out of the Transaction Privilege Taxes directly generated by the Project and paid to the Town. Accordingly,the reimbursements will not commence until the Project Opening. 6. Town of Oro Valley Non-Revenue Sharing Commitments. In consideration of the economic development which the Project will provide to the town,Town agrees to the following non-revenue sharing items: a. Water System Improvements. In consideration of the economic development which the Project will provide to the town,Town agrees to accelerate the Commercial Readiness Program for system improvements that will satisfy the Water System Capacity and Delivery requirements of the Project. b. Plans Review"Fast Tracking"Commitment. The Town of Oro Valley commits to the Owner/Developer that all plans review will be given the highest priority by staff to ensure rapid and timely processing. c. On-site Inspector as Needed. The Town of Oro Valley commits to the Owner/Developer that timely inspections for each construction phase and as determined by Town Ordinances will be delivered expeditiously. 2 d. Metropolitan Tucson Convention&Visitors Bureau(MTCVB). Currently the Town of Oro Valley contributes 3/4 or 75%of the 1.0%Bed Tax to the MTCVB for promotional efforts to assist area lodging owner/operators. The Owner/Developer acknowledges that this existing practice is of tremendous value to the Project and that the Project will benefit economically from the MTCVB's recognized professional capabilities. 7. Developer/Operator Non-Revenue Sharing Commitments. In consideration of the desire by Owner/Developer to be recognized as a significant corporate member of the community of the Town of Oro Valley the Owner/Developer will: a. Community Youth Tennis Program. In recognition of the need for certain athletic facilities the Owner/Developer will provide access to the facilities available tennis courts at times in concert with the Town of Oro Valley's Parks and Recreation Administrator. This access most likely will occur during the summer months,normally June through August,and will be jointly developed by the Owner/Developer and the Towns Parks and Recreation Administrator. b. Community Meeting Facilities Access. In recognition of the need for certain meeting facilities the Owner/Developer will provide access to the resort facilities meeting rooms and auditorium(s)at mutually agreeable times in coordination with the Town of Oro Valley's Town Manager's office. It is anticipated that the uses and dates will be scheduled at least 90 days in advance. c. Community Youth Swim Program. In recognition of the need for certain athletic facilities the Owner/Developer will provide access to one of the facilities available pools at times and dates as mutually determined by Owner/Developer in concert with the Town of Oro Valley's Parks and Recreation Administrator. The Town may be required to provide lifeguard or other health and safety personnel at its expense as required by State and Local Ordinances. This access most likely will occur during June,July and August,and will be jointly developed by Owner/Developer and the Town's Parks and Recreation Administrator. d. Scholarship and Vocational Training. In conjunction with local educational and training organizations and institutions,the Owner/Developer will help create and implement a mutually defined program for providing assistance and training in the hospitality and food services industries. It is anticipated that the opportunities available through these programs will be available to Town of Oro Valley residents only. 8. Cancellation Pursuant to A.R.S. Section 38-511. All parties to this Development Agreement agree to follow the guidelines and requirements of Section 38-511,Arizona Revised Statutes,as amended. 9. Notices. All notices given pursuant to this Agreement shall be given in person or by first class pre- paid mail to the following persons or any other persons a party may designate in writing: To The Town To Owner/Developer Town Manager Southwest Properties,Inc. Town of Oro Valley 4419 East Main Street, Suite 103 11,000 N.La Canada Drive Mesa,Arizona 85205 Oro Valley,Arizona 85737 Attn: President 10. Litigation. Should litigation be necessary to enforce any term or provision of this Agreement, or to collect any damages claimed or portion of the amount payable under this Agreement,then all litigation and collection expenses,witness fees,court costs and attorney's fees shall be paid to the prevailing party. Nothing herein shall preclude non-binding arbitration if they so elect in the event of a dispute hereunder. 3 11. Successors and Assigns. This Agreement shall be binding upon the successors and assigns of each of the parties hereto. No assignment,however,shall relieve either party of its obligations hereunder. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed,the day and year herein written. Town of Oro Valley Owner/Developer Paul H. Loomis,Mayor By Its ATTEST: Kathryn E. 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M - I Proposed TOV/Radisson Development Agreement Cost Estimate for Town's Non-Revenue Sharing Items Estimated Item No. Item Description Costs 6a Water System Improvements $ 800,000 6b Plans Review Fast Tracking $ 0 6c On-Site Inspector $ 50,000 6d MTCVB Contribution $ 837,066 Total Estimated Costs $ 1,687,066 Non-Revenue Sharing Costs 10/11/99 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: 10-27-99 7 TO: HONORABLE MAYOR& COUNCIL FROM: Chuck Sweet, Town Manager Ordinance No. (0)99-53 SUBJECT: An Ordinance of the Town of Oro Valley, Arizona establishing the compensation amount for Mayor and Council Members. SUMMARY: As a result of the study conducted by the Mayor and Council Compensation Task Force, a recommendation was made to the Council at the August 18, 1999 Council meeting that the Town Council take appropriate action to ensure that Mayor and Council salaries are adopted subsequent to the next general election of Town Council members (calendar year 2000). The Task Force recommendation was approved by the Council by a vote of 2-1, and staff was instructed to develop the appropriate Ordinance to ensure that the Task Force recommendation is carried out as presented. ATTACHMENTS: Ordinance. No. 99-53 FISCAL IMPACT: $47,400 per fiscal year beginning July 1, 2000 (assuming the current makeup of Mayor and four Council members). SUGGESTED MOTION: I move to adopt Ordinance No. 99- 53 establishing salary levels for Mayor and Council effective July 1, 2000. / 40 .1 /1/A. .` f ' Chuck Sweet, Town Manager ORDINANCE NO. 99--53 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA ESTABLISHING THE COMPENSATION AMOUNT FOR MAYOR AND COUNCIL MEMBERS. WHEREAS, the Town's Compensation Task Force recommended that the Mayor of the Town of Oro Valley should be compensated $11,400.00 per annum and the compensation for the Town of Oro Valley Council members should be $9,000.00 per annum; and WHEREAS, due to the Town's budgetary process, the increase will take effect the next fiscal year. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona that the certain document, known as "The Code of the Town of Oro Valley, Arizona," is hereby amended as follows: SECTION 1. Section 2-1-5 is amended to read as follows: 2-1-5 Compensation A. The compensation of elective officers of the town shall be fixed from time to time by resolution of the council. B. The Mayor of the Town of Oro Valley shall be compensated $11,400.00 per annum. C. The Town of Oro Valley council members shall be compensated $9,000.00 per annum. SECTION 2. The salaries, set forth in Section 1 above, shall be effective July 1, 2000. SECTION 3. All provisions of the Town Code, Zoning Code and any and all other codes, ordinances, policies or procedures otherwise in conflict with the foregoing are hereby repealed. SECTION 4. This ordinance is determined to be a public record and three copies of such ordinance are to remain on file in the office of the Town Clerk. (0)99-53 P: 2 PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 27th day of October 7 1999. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney TOWN OF ORO VALLEY 8 COUNCIL COMMUNICATION MEETING DATE: Oct. 27th, 1999 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: Ordinance No. (0) 99-55 —AMENDING POLICY NO. (10) ATTENDANCE AND LEAVES OF THE TOWN PERSONNEL POLICY REGARDING TRANSFER OF SICK LEAVE TO ANNUAL LEAVE SUMMARY: As a result of recent discussions with the F.O.P. and the Employee Focus Group, it is proposed that the Town of Oro Valley adopt a program permitting the transfer of unused sick leave to annual leave following a schedule which is similar to that utilized by the City of Tucson. The attached revision to the Town of Oro Valley Personnel Policies and Procedures Code amends Policy No. (10) Attendance and Leaves. Pursuant to this revision, at the end of each fiscal year, employees who have more than 480 hours of accrued sick leave will be allowed to transfer up to the first 56 hours of unused sick leave to annual leave. Full-time employees currently earn one day/8 hrs. of sick leave per month. Maintaining a minimum level of 480 hours (5 years of employment w/o using any sick time) will require employees to have a balance of sick leave on the books to guard against catastrophic events. ATTACHMENTS: 1. Ordinance No. (0) 99-55 AMENDING SECTION (10) ATTENDANCE AND LEAVES OF THE TOWN PERSONNEL CODE TO ALLOW FOR THE TRANSFER OF SICK LEAVE TO VACATION LEAVE ANNUALLY 2. Proposed revision to Policy No. 10 SUGGESTED MOTION: I make a motion to adopt Ordinance No. (0) 99 —55 amending the Town of Oro Valley Personnel Policies and Procedures Code. OR I make a motion to deny Ordinance No. (0) 99-55. Chuck Sweet, Town Manager ORDINANCE NO. 99 - 55 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING SECTION 3, PERSONAL AND IMMEDIATE FAMILY SICK LEAVE, OF POLICY NO. 10, ATTENDANCE AND LEAVES, OF THE TOWN OF ORO VALLEY PERSONNEL POLICIES AND PROCEDURES CODE; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER. WHEREAS, on April 21, 1999, the Town Council did adopt Ordinance Number (0) 99- 35, which made that certain document entitled, "Town of Oro Valley Personnel Policies and Procedures Code," part of the Town Code and the official procedural manual for all Town employees; and WHEREAS, the Town has deemed it necessary to amend part of Policy No. 10, incorporated herein by this reference, which would permit Town employees who have more than 480 hours of accrued sick leave to transfer up to the first 56 hours of unused sick leave to annual leave at the end of each fiscal year; and WHEREAS, pursuant to Arizona Revised Statute § 9-240, the Town has the authority to provide policies and procedures for its employees and the Town believes an amendment to the Town of Oro Valley Personnel Policies and Procedures Code is in the best interest of the employees of the Town. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona, that the certain document, known as the "Town of Oro Valley Personnel Policies and Procedures Code," is hereby amended as follows: SECTION 1. Section 3 of Policy No. 10 is amended to include the following addition shown in ALL CAPS: Policy 10 ATTENDANCE AND LEAVES SECTION 3. Personal and Immediate Family Sick Leave .... Unused sick leave shall be allowed to be carried forward from year to year. Once an employee has exceeded 90 days of accrued sick leave, one-half (1/2) of the sick leave Policy No.10.3 Amendment (0)99-55 p.2 days in excess of 90 da s shall be paid to the employee upon separation from employment. ANNUALLY, AS OF THE FIRST DAY OF THE PAY PERIOD FOLLOWING JULY 1, ANY UNUSED PORTION OF THE FIRST SEVEN DAYS (56 HOURS) OF SICK LEAVE ACCRUED IN EXCESS OF A TOTAL OF 480 HOURS SINCE JULY 1 OF THE PRECEDING FISCAL YEAR WILL BE TRANSFERRED TO ANNUAL LEAVE. THE TRANSFER WILL OCCUR AUTOMATICALLY UNLESS THE EMPLOYEE REQUESTS IN WRITING TO THE HUMAN RESOURCES DEPARTMENT THAT THE SICK LEAVE NOT BE TRANSFERRED. (ONLY THAT PORTION OF THE FIRST 56 HOURS OF SICK LEAVE THAT IS IN EXCESS OF THE 480-HOUR TOTAL MAY BE TRANSFERRED.) Probationary employees in their first month of employment.... SECTION 2. This Ordinance is determined to be a public record and three copies of such Ordinance are to remain on file in the office of the Town Clerk. SECTION 3. All Oro ValleyOrdinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of October 27, 1999. If anysection, subsection, sentence, clause, phrase or portion of this Ordinance is SECTION 4. � for any reason held to be invalid or unconstitutional by the decision of any court ofcompetentjurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 5. This Ordinance shall take effect as provided by law. PASSED AND ADOPTED Mayor byMa or and Town Council, the Town of Oro Valley, Arizona, this 27th day of October, 1999. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney Policy No.10.3 Amendment CD (./) m ( D T ti w ^ II-, T n rn n O nCD0- x VN. fD o n) p OOZ " m OZ• CD =^ Sco p = " m n QO p <n ' ' Cnv. " �' < D O '� CD C 3 -I A► O --G yf� x ( ( CD z -, CD _- ....-1CCD < cn C 0 O 5' < v'� ma L !1 OFIT CD CT D t: u = �'—`<cpz a) c- 7 y = = 7:3Z �„ CD = coN coCD .-* n m a. -», n c , _ cm D o-- = N' civ o = a] CD n c) . a—) 3 5- c� m 3 -I —, T3 = O. 3 = = x N .< CD 5 5• CD , * 'II m o c'. o c (D o n �-73 v 3. 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(IR CO 0 C Q- n (D `•° ao c CD c '< 3 Co a' o• • O c — °• 8- a-: = o 0 3. ('D O N cn • =- co fXD frD p T..-. ° CD �D v, • CD 3a-Q: = 'A fD (-D QN c f<D -'- LI) Cr 77- VI (D O CD a* O A� et, c < o o• o _. 94 3 °: O - n O c -. v, -.,aQ a) (1) - v, cn R a =- a. . O < v, r-. O — CD A) CD CD < fD TOWN OF ORO VALLEY 9 COUNCIL COMMUNICATION MEETING DATE: October 27, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: Valerie Feuer, Senior Planner SUBJECT: Ordinance No. (0)9956 AMENDING THE ORO VALLEY TOWN CODE, SECTION 6- 1-5, PUBLIC ARTS PROVISION BACKGROUND: On September 3, 1997, the Town Council approved a new section to the Town Code to provide funding for public arts projects related to major public construction projects. A new section regarding public art for private projects was added to Oro Valley Zoning Code Revised (OVZCR) at the same time. The provisions in OVZCR have been amended twice, based on staff experience in applying the code. Staff is now recommending changes to the Town Code to clarify the review and selection process for Public Art in Public Places. In addition, staff recommends that the entire policy on public art in public places be contained within the Town Code, rather than referencing the Zoning Code as it does currently. SUMMARY: • Projects covered under this provision have been defined, based on project construction costs, potential artwork locations, and funding parameters funding for road improvements may legally preclude use for public art. (6-1-5B1) • A Public Art Selection Committee process is identified, including the composition of the Committee. (6-1- 5B2a) • Evaluation Criteria have been added. (6-1-5B2b) • GOVAC's role in the process has been defined. (6-1-5B2a, c, and C6) • Procedures for accepting unsolicited art proposals have been included. (6-1-5D) • The proposed amendments have been reviewed by Public Works, Water, legal counsel, and GOVAC. RECOMMENDATION: Staff recommends that the Council amend the Oro Valley Town Code to adopt amendments to Section 6-1-5, Public Art Provisions, as set forth in the attachment, with any additions, corrections or revisions deemed appropriate. SUGGESTED MOTION: I move to approve Ordinance No. (0)99- 56 adopting amendments to the Oro Valley Town Code, Section 6-1- 5, Public Art Provisions, as attached. OR I move to approve Ordinance No. (0)99- 56 adopting amendments to the Oro Valley Town Code, Section 6-1- 5, Public Art Provisions, with the following amendments: • TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 OR I move to continue Ordinance No. (0)99- 5 6 adopting amendments to the Oro Valley Town Code, Section 6-1- 5, Public Art Provisions to the following date: ATTACHMENT: 1. Ordinance No. (0)9956 k.)L, Plannin: a id Zoning Administrator /A, Community Ievelopmen Director Afri Town anager F:\INDIVID\VBF\publicarttowncodeamendment.rpt.doc ORDINANCE NO. (0)9956 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, RELATING TO AMENDMENTS OF THE ORO VALLEY TOWN CODE, CHAPTER 6, AMENDING SECTION 6-1-5, TO ESTABLISH A PUBLIC ART SELECTION COMMITTEE REVIEW PROCESS, PROVIDE EVALUATION CRITERIA, AND DEFINE GOVAC'S ROLE, RELATED TO MAJOR PUBLIC CONSTRUCTION PROJECTS AS IDENTIFIED IN THE TOWN'S CAPITAL IMPROVEMENT PLAN; ESTABLISHING THESE AMENDMENTS AS PART OF THE ORO VALLEY TOWN CODE, AND FIXING THE EFFECTIVE DATE THEREOF; PRESERVING RIGHTS AND DUTIES THAT HAVE ALREADY BEEN ASSURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER; PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. Oro Valley Town Code, Chapter 6. Finding that Public Art creates a better community, 1% of the cost of all major public construction projects as identified in the Capital Improvement Plan are to be allocated to provide funding for public art related to public projects, Section 6-1-5 is hereby amended by adding new policy sections to read: CHAPTER 6 BUILDING ARTICLE 6-1 BUILDING CODE Section 6-1-5 PUBLIC ARTS PROVISION B. All major public construction projects undertaken shall be in accordance with the following Public Art in Public Places provisions: 1. For all public capital improvement projects involving construction costs of over $50,000, and where legally allowable, 1% of the project construction cost shall be placed in a fund to be used for art in public areas. For projects that do not include a feasible location for a work of art, 1% of the project construction cost shall be placed in the Town of Oro Valley Art Fund. For projects where a work of art can be placed on site, the process below will be followed. 2. Public Art Selection Committee (PASC) a. The Greater Oro Valley Arts Council (GOVAC), in conjunction with Community Development staff, shall establish a Public Art Selection Committee. Members for each project shall include a minimum of five of the seven potential members listed as follows: (1) One Public Art Review Committee (PARC)member; (2) One designee of the Department commissioning the art; (3) Two artists; (4) One project engineer or architect; - 1 - ORDINANCE NO. (0)99-56 (continued) (5) One representative of the neighborhood association nearest the project site; (6) One arts professional, not earning his/her living as an artist. b. Criteria to be used by PASC: (1) Record of artistic achievement, particularly in providing services or creating artworks similar to those desired; (2) Adherence to general theme provided by the Department commissioning artworks, if any; (3) Conceptual compatibility of the design with the immediate environment of the site; (4) Appropriateness of the materials, textures, colors and design concept to the expression of the design concept and the site; (5) Durability and safety of materials and over-all project design, as determined by engineers, as applicable; (6) Maintenance of the artwork and its immediate surroundings. c. Call to Artists: (1) The Department responsible for the project must submit to GOVAC the project name, site and budget details. (2) Upon Department approval, GOVAC will design, print and distribute a"call to artists"for proposals. 3. All financial arrangements are negotiated between the commissioning Department and the artist(s) and should be verified in a written agreement. 4. The design and installation of the artwork will be done in a manner that will protect the artwork and the public. An engineer employed by the Town shall review selected artwork for any structural changes needed prior to issuance of contract and inspect when installation is complete. Continued maintenance of the artwork shall be the responsibility of the Town. Artwork must be installed prior to completion of the project. 5. Public artwork: a. Shall be defined as art accessible to public viewing at least forty (40) hours each workweek. b. Shall be on-site and preferably on the exterior of the building. Art may be located within the building if the building is regularly visited by the public and the art is located in a public area. c. Shall be permanently affixed. d. Examples of the kinds of art projects to be considered as public artwork include, but are not limited to: sculpture, freestanding, wall-supported or suspended; murals or paintings; earthworks, fiberworks, mosaics; and building features and fixtures, like bike racks, benches, fountains or shade screens, which are unique and/or produced in limited editions by an artist. e. The following generally are not considered to be art, and, therefore, should not be offered to satisfy the requirements of this ordinance: ordinary directional or standard such as graphics or color-coded location indicators; business logos; mass-produced or standard "off-the-shelf' playground equipment, fountains, or statuary; most art reproductions; ordinary landscaping, which normally would be associated with the project; and the services or utilities necessary to operate or maintain artworks over time. - 2 - ORDINANCE NO. (0)9956 (continued) C. Gifts and loans of artwork to the Town: 1. Shall be evaluated using the PASC and criteria in 6-1-5B. 2. A proposal or letter of intent must be submitted to the Executive Director of GOVAC and the Town,to include: a. Information on the artist; b. Specifications on the proposed gift(size, color, proposed location, etc.); c. Color photographs or 35mm slides of the artwork; d. Installation details; e. Donor profile. 3. The Department Director receiving gifts and loans shall first approve any proposed artwork requiring operation or maintenance expenses. 4. The PASC shall prepare a recommendation to GOVAC to be forwarded to the receiving Department. 5. The Town Council must approve all gifts and loans of artwork. 6. GOVAC staff shall maintain records on each project, including: a. All visual or written materials submitted relating to artist's design or execution thereof; b. Conveyance of title numerating donor conditions; c. Interdepartmental agreements, correspondence and billings relating to project. 7. Memorial gifts will be judged in addition on the following: a. The person or event memorialized must be significant. Person so honored shall have been deceased for a minimum of five years. Events shall have taken place at least five years prior to such consideration. b. The memorial represents broad community values and has timeless qualities. c. The location is appropriate and justified geographically. 8. These guidelines do not apply to works of art loaned to the Town for display in temporary exhibitions in Town-owned facilities. D. Unsolicited artworks proposals to the Town, requiring financial support by the Town, will be considered annually during the budget process. 1. Only proposals from non-profit, 501(C) (3)organizations will be considered. 2. Proposed artworks will follow the procedures in 6-1-5C. SECTION 2. All ordinances and part of ordinances in conflict with provisions of this ordinance or any part of the amendments to the Oro Valley Town Code adopted herein by reference are hereby repealed on the effective date of this ordinance. SECTION 3. Repeal of all ordinances and parts of ordinances in conflict with the provisions set forth herein or any part of the amendments to the Oro Valley Town Code adopted herein by reference does not affect rights and duties that have matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of the ordinance or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. - 3 - ORDINANCE NO. (0)99-56 (continued) PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 27th day of October 1999. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney F:\INDIVID\VBF\publicarttowncodeamendment.rpt.doc -4- TOWN OF ORO VALLEY . 10 COUNCIL COMMUNICATION MEETING DATE: Oct. 27th, 1999 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: RESOLUTION NO. ( R ) 99-103 DISCUSSION AND POSSIBLE PROVISION OF "DARE PROGRAM SERVICES" TO WILSON SCHOOL BY ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH AMPHITHEATER SCHOOL DISTRICT SUMMARY: This item has been placed on this agenda at the request of Council Member Fran LaSala in an attempt to find a solution to continuing DARE Program Services at Wilson School. On October 14th, 1999 Judge Nanette Warner ordered that Oro Valley is temporarily enjoined from providing municipal services in the disputed territory that was annexed by Oro Valley in 1997. One of the municipal services provided to this area was the DARE Program services at Wilson School. One alternative to the Temporary Injunction against Oro Valley would be for the Town to enter into a Intergovernmental Agreement with Amphitheater School District to continue providing these services, as long as it is consistent with Judge Warner's order. A draft of such an Intergovernmental Agreement and appropriate Town Resolution is attached for the Town Council's consideration. Please be advised at the time of the writing of this Council Communication, the Administration of Amphitheater School District still needed to be contacted regarding this alternative. ATTACHMENTS: 1. Resolution No. ( R ) 99 -103 Authorizing and approving the execution of an Intergovernmental Agreement for DARE Program Services at Wilson School with the Amphitheater Unified School District No. 10 of Pima County. 2. DRAFT Intergovernmental Agreement between the Town of Oro Valley and Amphitheater Unified School District regarding the provision of DARE Program Services to Wilson School. SUGGESTED MOTION: I make a motion to authorize the Mayor of Oro Valley to enter into the attached Intergovernmental Agreement with Amphitheater Unified School District No. 10, for the provision of DARE Program Services to Wilson School, as long as the entering into this Intergovernmental Agreement is consistent with the Court Order of Judge Nanette Warner in the case of Tortolita v. Town of Oro Valley. / Ari. Chuck Swe-t, own Manager RESOLUTION (R) - 103 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF AN AGREEMENT FOR A DARE OFFICER IN WILSON SCHOOL OF AMPHITHEATER UNIFIED SCHOOL DISTRICT NO. 10 OF PIMA COUNTY BY THE TOWN OF ORO VALLEY. WHEREAS, the Town of Oro Valley has the responsibility for the welfare of its citizens; and WHEREAS, it has been determined that it is in the best interests of the Town and its citizens to enter into an intergovernmental agreement for providing a DARE officer for Wilson School of Amphitheater Unified School District No. 10 of Pima County; and WHEREAS, the approval of the execution of the attached intergovernmental agreement will further this goal, and is hereby determined to be in furtherance of the public heath, safety and welfare of the citizens of the Town; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AS FOLLOWS: 1. That the attached intergovernmental agreement is hereby approved. 2. That the Mayor of the Town of Oro Valley and all necessary administrative officials and employees are hereby directed and authorized to take all necessary steps related to the execution of said intergovernmental agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 27th day of October 19 99 TOWN OF ORO VALLEY, ARIZONA Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan Dudley, Town Attorney ."4' FT INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT is entered into pursuant to Arizona Revised Statutes §§ 11-951 , et seq. and 15-341(13), between the TOWN OF ORO VALLEY, a municipal corporation and political subdivision of the State of Arizona, hereinafter referred to as "THE TOWN" and AMPHITHEATER PUBLIC SCHOOL DISTRICT NO. 10 OF PIMA COUNTY, ARIZONA, a political subdivision of the State of Arizona, hereinafter referred to as "THE DISTRICT". WHEREAS, THE TOWN OF ORO VALLEY has budgeted and anticipated providing a D.A.R.E. officer full-time to Wilson Elementary School for administration of a federally sanctioned drug awareness program for school children; and WHEREAS, THE DISTRICT had previously requested such services from Oro Valley; and WHEREAS, THE DISTRICT has already started this program and desires that such a program continue for this school year; and WHEREAS, THE TOWN and THE DISTRICT have determined that it is in the best interests of each to enter into this Agreement; NOW THEREFORE, THE TOWN and THE DISTRICT, in consideration of these covenants and conditions hereinafter stated, and the faithful performance thereof, do mutually agree as follows: SECTION ONE - PURPOSE The purpose of this Agreement is to set forth in writing the agreement for the Town of Oro Valley Police department to provide a D.A.R.E. officer for Wilson Elementary School SECTION TWO - TERM A. The term shall be for one (1) school year commencing on the effective date of this Agreement. Pursuant to renegotiation of the terms of an upon receipt of a written request to renew by either party, this Agreement may be renewed for additional one (1) year periods. B. This Agreement may be terminated by either party with at least thirty (30) days written notice prior to the end of the term. : DFT1 ci„ SECTION THREE - OBLIGATIONS OF THE TOWN A. THE TOWN shall provide to the District, and specifically Wilson Elementary School. a full-time D.A.R.E. officer for the remaining term of this school year. B. THE TOWN shall provide the necessary materials for the completion of the D.A.R.E. program. C. THE TOWN shall notify THE DISTRICT of any legal action initiated against THE TOWN in accordance with the terms of this Agreement. D. THE TOWN shall permit THE DISTRICTS school officials and security personnel to enforce school rules with respect to the conduct of students. It is understood that the D.A.R.E. officer does not have enforcement authority. Nothing herein shall require that THE DISTRICT take such enforcement action. SECTION FOUR - OBLIGATIONS OF THE DISTRICT A. THE DISTRICT will provide assistance to the D.A.R.E. officer whenever enforcement action is necessary. Such assistance will be determined by the local school administration. B. THE DISTRICT shall provide office space for the D.A.R.E. officer. C. THE DISTRICT shall provide assistance to the officer in scheduling education classes and related activites as necessary. D. THE DISTRICT shall obtain and maintain for the duration of this Agreement general public liability insurance in the amount of $1 ,000,000.00 per occurrence and $1 ,500,000.00 aggregate. THE DISTRICT shall be responsible for payment and renewal of the policy. SECTION FIVE - STATUS OF CONTRACTING PARTIES Each party is performing its duties hereunder independently, and not as an agent or employee of the other party, and is supplying its own employees, maintaining its own insurance and handling all of its own internal accounting. Neither party to this Agreement controls, directs or has any direct responsibility for the actions of the other party, its officers, agents or employees. SECTION SIX - INDEMNIFICATION • Each party to this Agreement shall indemnify, defend and hold harmless the other party, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or FT l Ri r 2 rçi; r l nature which result from any act or omission of the indemnifying party, its agents, employees or anyone acting under its direction, control or on its behalf, whether intentional or negligent. This provision shall survive the expiration of this Agreement. SECTION SEVEN - SEVERABILITY This is the entire Agreement between the parties. If any portion of this Agreement is later found to be invalid or unenforceable, such portion shall be null and void and without any effect on the rest of the Agreement, which shall continue in full force and effect. This Agreement may be altered only by a duly executed Agreement. SECTION EIGHT - EFFECTIVE DATE AND RECORDING This Agreement shall not take effect until it has been filed with the Pima County Recorder pursuant to A.R.S. § 11-952(G). SECTION NINE - COMPLIANCE WITH ALL LAWS The parties to this Agreement shall comply with all federal, state, and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court. SECTION TEN - LITIGATION EXPENSES If the parties litigate any portion of this Agreement, the unsuccessful party will reimburse the successful party for all legal costs and fees incurred as a result of the litigation (including preparation). DR A 3 • r 7:7 La:.1--tii '11 IN WITNESS WHEREOF the parties, by their respective officers duly authorized, have executed this Agreement. TOWN OF ORO VALLEY AMPHITHEATER PUBLIC SCHOOL a municipal corporation of ARIZONA DISTRICT NO. 10 of PIMA COUNTY Mayor ATTEST: ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: Tobin Sidles, Town Attorney Barry M. Corey Attorney for Amphitheater Public School District No. 10 of Pima County Date: Date: • RAF r.\wp51\contracts.iga\amphdare • 4 CRAFT IN WITNESS WHEREOF the parties, by their respective officers duly authorized, have executed this Agreement. TOWN OF ORO VALLEY AMPHITHEATER PUBLIC SCHOOL a municipal corporation of ARIZONA DISTRICT NO. 10 of PIMA COUNTY Mayor ATTEST: ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: Town Attorney Barry M. Corey Attorney for Amphitheater Public School District No. 10 of Pima County Date: Date: A,9i r:\wp51\contracts.iga\amphdare 4 14.1,EY 4tP4 RE. 4ir iv IP 1 004 illik P Ail"' Town of Oro Valley Department of Public Works PAG ROAD PROJECTS SUMMARY October 27, 1999 4 r :-,,,,,,,I.1/4,,,,,,-.,-,,,, a ,�k 3 t4 ti 1 r s a�} p+ '1^` ry 4� ,��y y�,� "`a� ��3 t, {A .' }` ,A, a-,,,,,,,,,,A,,,,,,,,-,,,,,,,,,,,,,.;‘,x - W,,,4:``psi* ``,„1/2a,,„ ,.� � P �� p Sit v`����t`�,�4a tita�p�`�e iu�,w,`'4 *�;by.! 'T.,./ t ' ' . '4 lilt : -,, ,:': x x s r- ♦ w a� 4 Ak n j?�f+� ��. u h ay k � t "a ?:.. if i*,‘, y p`�pa":k,,r h 4 i -,,''M lC,t t'�, <�,�+ ;`t,, f '. :." i °: ��k "�`u'M A�w `ftp `ea,'" tGa h .a'3�,�t'V,�w i"„'a.3 i"`4 `.",,.„„' .4 vlp.`r S<"��u a 1 Y:x\ ``vti-vex`t w k �h,��a 7 t�`�� �p:� M, a .�'w2 s ,.,. ''' , ''''t, A ..,...... 1:04 ,... ,. e p f f :; a- o. a - z � AMM _ Ili . . , )11I i I-4' 'N\it: .. t. 101111.10164114' ' A - ' y — u .I VW 1 }n � � _ �� • PAG ROAD PROJECT SUMMARY The Town of Oro Valley currently has $23.6 dollars approved for road projects on the Pima Association of Government (PAG) Transportation Improvement Projects (TIP) in State funds. In order to secure these funds, Oro Valley has committed $1.4 million dollars in the Capital Improvement Program(CIP). PAG PROJECT: Local vs. State Total Cost $23 million State Contribution $21.6 million ----- ---- Town Contribution $1.4 million ■Town Funds Leverage Factor 15 to 1 6.5% •State Funds 93.5% Two mechanisms of Federal funding are Highway Users Revenue Fund (HURF) and Surface Transportation Program (STP). Town staff recognizes the problem with the implementation of STP funds and is working diligently with PAG to expedite projects in a reasonable time frame. PAG PROJECTS: HURF vs. STP Total Funds $ 21.6 million HURF Funds $ 3.3 million ■HURF Funds STP Funds $ 18.3 million 15% •STP Funds 85% Attached are a compilation of Oro Valley's approved street projects in TIP and a location map for each of the projects. -j -Fc 0 to 0 0 0 0 0 0 IC) O O O Tr 0 0 0 0 0 0 0 Co 0 N- 0 to 0 0 LO 0 0 0 0 1` CO co IC) r o 0 2 n 1.00010C1/ a/ 1` N M CO to to to co N N N- 00 M r w w w w w w F- 0- LL to N r r r r N N N N W Ce LL U) (/) to 0 0 0 0 ti o i CO 0 ›. 00 (/) Tr Nr I OW co 00000 COO - O O N- O O N 0 0 Tr N LL M Q O Z = To 0 LL O O in N J 0 0 0 0 0 0 r0 Or 0 0 0 0 0 r 0 0 0 0 r (1)_ �_ � LL u) OO M M rI ii: to M o 0 0 0 0c, ~ al co to ti 1` O CO CO LLL � u) I M OC/) NMOrrr 0 0 0 0TrTr0 0 0 0 r CO ~ CV O D ✓ Z = co 0 LL 00 0 ti 0 IC) to N N 0 0 O i) O J r N 0 r r r 0 0 0 0 M Co) 0 0 0 0 0 0 CC) C CL 0 WI '� O Q U LL � (n (n (n(n(n O C) C)CO 0 0 0 = p_ L I 0Cr) to C 0 O N 00 0 CO o C o0 10C/) In 0 0N0 0 0 0 0 NOTr 0 O r r r Q0 CI O coIn aO IC) IC) CO O O CO N CC) CO N. 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Calle Concordia ■ 10.Lambert Lane Safety Imp. % ■ ■ ■ ■ % I ■ 11.Naranja Drive Improvements tit ' ' 12.Naranja,LaCholla to First • Hardy ' Imp. ct ■ ■ 13.Rancho Vistoso,Oracle to Big Town of Oro Valley U f ■ ■ le ■ Wash Improvements 3 • 4 • 14.Tangerine Rd Im rovements Public Works ,—.) • ■ p 10/21/99 9■ ■ ■ ■ ■ ■ • 15.Tangerine Rd-Monterra to LaCanada 16.Tangerine,LaCanada to West ORO VALLEY / PAG ROAD PROJECT 7Town Limits Improvements 1 . Tangerine/LaCholla Intersection 18.Tangerine-First to Monterra