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HomeMy WebLinkAboutPackets - Council Packets (1577) **AMENDED (9/21/99, 4:30 P.M.) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION SEPTEMBER 22, 1999 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE **REGULAR SESSION AT OR AFTER 6:30 PM CALL TO ORDER ROLL CALL **EXECUTIVE SESSION AT OR AFTER 6:30 PM Pursuant to ARS 38-431,03(A)(3) to obtain legal advice from Town Attorney and pursuant to ARS 38-431.03(A)(4) to consult with Town Attorney regarding pending litigation relating to Payless ShoeSource v. Town of Oro Valley **RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE —According to the Arizona Open Meeting Law, the Town Council may only discuss matters listed on the Town Council Agenda. Matters brought up by the public under "Call to Audience" cannot be discussed by the Town Council as they have not been placed on the agenda. Any items must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes-July 26, 1999; August 23 & 25, 1999; September 1, 1999 B. Police Report—August 1999 09/22/99 Agenda, Council Regular Session 2 C. OV12-97-15 Approval of request for Extension of Time Limit for Rancho Vistoso Office Park Development Plan to April 1, 2000 (Property located on the west side of Oracle Road, North of Rancho Vistoso Blvd.) D. OV12-97-17A Approval of Substitute Assurance Agreement between TJ Bednar and Fidelity National Title as trustee of OV12-97-17A Copper Ridge I, Lots 1-82 E. OV12-97-17B Approval of Substitute Assurance Agreement between Insight Investment Company and First American Title Insurance Company Trustee of 0V12-97-17B Copper Ridge II, Lots 13-15, 17-36 & 38-46 F. OV12-99-16 Trendwest Resort (aka Worldmark the Club at Rancho Vistoso) Final Plat for a 16.73 acre, 111-unit Timeshare Resort, Rancho Vistoso Neighborhood 10 Parcel H, located west of Rancho Vistoso Boulevard and south of Vistoso Highlands Drive G. Approval of License Agreement between the Town of Oro Valley and Vistoso Partners, L.L.C. for encroachment as required as a part of the Canada Del Oro Recharge Feasibility Project for the operation, maintenance, and monitoring of 2 piezo meter wells H. Resolution No (R)99-90 Authorizing the filing of a Transit Enhancement Program (TREP) Grant with Pima Association of Governments for rehabilitation and upgrading of the Oracle Road and 1st Avenue "Bicycle Oasis" I. Resolution No. (R )99-91 Approving the purchase of a used water truck J. Project No. W10-1099 Award of bid to P & H Contracting in the amount of$41,810 for 8" Water Main Extension to serve Pusch Ridge Estates - Installation of approximately 755 lineal feet of 8" potable water main fittings and appurtenances and authorizing the Town to enter into a contract K. Resolution No. (R)99-93 Award of contract for Project No. 98-9910 Rincon Peak at Rancho Vistoso Boulevard Median Opening L. Appointment of James R. West as Pro-Tern Magistrate for Oro Valley Magistrate Court M. Resolution No. (R)99-94 Awarding a contract proposal to Brown and Caldwell Environmental Engineering & Consulting for performing hydrological services before, during and after drilling New Well D-11 in the amount of$27,697 2. CREATION AND APPOINTMENT OF THE ORO VALLEY LIBRARY CONSULTANT SELECTION COMMITTEE 3. REAPPOINTMENT OF MARY GLUECK AND RICHARD UNDERWOOD TO THE DEVELOPMENT REVIEW BOARD 09/22/99 Agenda, Council Regular Session 3 4. RESOLUTION NO. (R)99-95 (PROJECT NO. OV-CD-99-01-A) AWARD OF BID FOR CANADA DEL ORO RIVERFRONT PARK DEVELOPMENT PROJECT AND AUTHORIZING THE TOWN TO ENTER INTO A CONTRACT 5. RESOLUTION NO. (R)99-96 (PROJECT NO. OV-CD-99-01-B) AWARD OF BID CANADA DEL ORO RIVERFRONT PARK FIELD LIGHTING PROJECT AND AUTHORIZING THE TOWN TO ENTER INTO A CONTRACT 6. RECOMMENDATION BY THE PUBLIC ART SELECTION COMMITTEE TO AWARD PUBLIC ART PROJECT TO PAUL EDWARDS FOR THE CDO RIVERFRONT PARK 7. RECOMMENDATION BY THE PUBLIC ART SELECTION COMMITTEE TO AWARD PUBLIC ART PROJECT TO DAYTON CLAUDIO FOR THE NEW DEVELOPMENT SERVICES BUILDING 8. 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 08/04/99) 9. PUBLIC HEARING — ORDINANCE NO. (0)99-46 REVISION TO SECTION 109.1 USE AND OCCUPANCY OF THE 1994 UNIFORM BUILDING CODE (CONTINUED FROM 08/18/99) 10. PUBLIC HEARING — ORDINANCE NO. (0)99-52 OV9-99-111 REQUEST TO AMEND THE STEAM PUMP RANCH PAD, MODIFICATION OF THE PAD SUB-AREAS, LOCATED WEST OF ORACLE ROAD, IMMEDIATELY OPPOSITE ALLIED SIGNAL 11. AUTHORIZATION TO ORDER AN APPRAISAL OF THE TUCSON WATER SERVICE AREA SYSTEM WITHIN AND WITHOUT ORO VALLEY TOWN LIMITS 12.** - - = - - ' - _ e - . _ e ! ! ! _ _ A ! _ a _ (THIS ITEM IS BEING RESCHEDULED TO THE OCTOBER 20, 1999 REGULAR AGENDA) 13. OV13-98-33 PAYLESS SHOE SOURCE - ORO VALLEY RETAIL CENTER SIGN PACKAGE AMENDMENT (CONTINUED FROM AUGUST 18, 1999) 09/22/99 Agenda, Council Regular Session 4 14. REVIEW, CONSIDERATION AND POSSIBLE DECISION REGARDING SETTLEMENT PROPOSAL OF PAYLESS SHOESOURCE V. ORO VALLEY, U.S. DISTRICT COURT CASE NO. CIV 99-405 TUC FRZ 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: 09/15/99 4:30 P.M. Ih AMENDED AGENDA POSTED: 9/21/99 4:30 P.M. LH A packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:30 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, at 297-2591. 09/22/99 Agenda, Council Regular Session 5 INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION SEPTEMBER 22, 1999 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE —According to the Arizona Open Meeting Law, the Town Council may only discuss matters listed on the Town Council Agenda. Matters brought up by the public under "Call to Audience"cannot be discussed by the Town Council as they have not been placed on the agenda. Any items must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes-July 26, 1999; August 23 & 25, 1999; September 1, 1999 B. Police Report—August 1999 C. OV12-97-15 Approval of request for Extension of Time Limit for Rancho Vistoso Office Park Development Plan to April 1, 2000 (Property located on the west side of Oracle Road, North of Rancho Vistoso Blvd.) D. OV12-97-17A Approval of Substitute Assurance Agreement between TJ Bednar and Fidelity National Title as trustee of OV12-97-17A Copper Ridge I, Lots 1-82 E. OV12-97-17B Approval of Substitute Assurance Agreement between Insight Investment Company and First American Title Insurance Company Trustee of OV12-97-17B Copper Ridge II, Lots 13-15, 17-36 & 38-46 09/22/99 Agenda, Council Regular Session 2 F. OV12-99-16 Trendwest Resort (aka Worldmark the Club at Rancho Vistoso) Final Plat for a 16.73 acre, 111-unit Timeshare Resort, Rancho Vistoso Neighborhood 10 Parcel H, located west of Rancho Vistoso Boulevard and south of Vistoso Highlands Drive G. Approval of License Agreement between the Town of Oro Valley and Vistoso Partners, L.L.C. for encroachment as required as a part of the Canada Del Oro Recharge Feasibility Project for the operation, maintenance, and monitoring of 2 piezo meter wells H. Resolution No (R)99-90 Authorizing the filing of a Transit Enhancement Program (TREP) Grant with Pima Association of Governments for rehabilitation and upgrading of the Oracle Road and 1st Avenue "Bicycle Oasis" I. Resolution No. (R )99-91 Approving the purchase of a used water truck J. Project No. W10-1099 Award of bid to P & H Contracting in the amount of$41,810 for 8" Water Main Extension to serve Pusch Ridge Estates - Installation of approximately 755 lineal feet of 8" potable water main fittings and appurtenances and authorizing the Town to enter into a contract K. Resolution No. (R)99-93 Award of contract for Project No. 98-9910 Rincon Peak at Rancho Vistoso Boulevard Median Opening L. Appointment of James R. West as Pro-Tem Magistrate for Oro Valley Magistrate Court M. Resolution No. (R)99-94 Awarding a contract proposal to Brown and Caldwell Environmental Engineering & Consulting for performing hydrological services before, during and after drilling New Well D-11 in the amount of$27,697 2. CREATION AND APPOINTMENT OF THE ORO VALLEY LIBRARY CONSULTANT SELECTION COMMITTEE 3. REAPPOINTMENT OF MARY GLUECK AND RICHARD UNDERWOOD TO THE DEVELOPMENT REVIEW BOARD 4. RESOLUTION NO. (R)99-95 (PROJECT NO. OV-CD-99-01-A) AWARD OF BID FOR CANADA DEL ORO RIVERFRONT PARK DEVELOPMENT PROJECT AND AUTHORIZING THE TOWN TO ENTER INTO A CONTRACT 5. RESOLUTION NO. (R)99-96 (PROJECT NO. OV-CD-99-01-B) AWARD OF BID CANADA DEL ORO RIVERFRONT PARK FIELD LIGHTING PROJECT AND AUTHORIZING THE TOWN TO ENTER INTO A CONTRACT 09/22/99 Agenda, Council Regular Session 3 6. RECOMMENDATION BY THE PUBLIC ART SELECTION COMMITTEE TO AWARD PUBLIC ART PROJECT TO PAUL EDWARDS FOR THE CDO RIVERFRONT PARK 7. RECOMMENDATION BY THE PUBLIC ART SELECTION COMMITTEE TO AWARD PUBLIC ART PROJECT TO DAYTON CLAUDIO FOR THE NEW DEVELOPMENT SERVICES BUILDING 8. 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 08/04/99) 9. PUBLIC HEARING — ORDINANCE NO. (0)99-46 REVISION TO SECTION 109.1 USE AND OCCUPANCY OF THE 1994 UNIFORM BUILDING CODE (CONTINUED FROM 08/18/99) 10. PUBLIC HEARING — ORDINANCE NO. (0)99-52 OV9-99-111 REQUEST TO AMEND THE STEAM PUMP RANCH PAD, MODIFICATION OF THE PAD SUB-AREAS, LOCATED WEST OF ORACLE ROAD, IMMEDIATELY OPPOSITE ALLIED SIGNAL 11. AUTHORIZATION TO ORDER AN APPRAISAL OF THE TUCSON WATER SERVICE AREA SYSTEM WITHIN AND WITHOUT ORO VALLEY TOWN LIMITS 12. PUBLIC HEARING - ORDINANCE NO. (0)99-53 ESTABLISHING THE COMPENSATION AMOUNT FOR MAYOR AND COUNCIL MEMBERS 13. OV13-98-33 PAYLESS SHOE SOURCE - ORO VALLEY RETAIL CENTER SIGN PACKAGE AMENDMENT (CONTINUED FROM AUGUST 18, 1999) 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 09/22/99 Agenda, Council Regular Session 4 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 members In order to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 09/15/99 4:30 P.M. lh A packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:30 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, at 297-2591. 09/22/99 Agenda, Council Regular Session 5 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. MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION SEPTEMBER 1, 1999 404 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7: 05 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Paul Parisi, Council Member Fran LaSala, Council Member Wayne Bryant, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings. He also reported that the Town would be hosting the League of Cities and Towns Annual Conference at the Sheraton El Conquistador, September 7th— September 10th. CALL TO AUDIENCE Bill Adler, 10720 N. Eagle Eye Place, commented that he believes that the Federal Communications Commission will approve the use of low power FM frequencies and he suggested that the Town follow the issue. He also referenced the Environmentally Sensitive Land Ordinance and stated that the Town should put into place an interim measure to protect environmentally sensitive lands that have either been identified or will be identified between now and the time that the ordinance is actually approved. 1. CONSENT AGENDA At the request of Council Member Bryant, Mayor Loomis pulled Items F, H, I, J, and L from the Consent Agenda. MOTION: Council Member Bryant MOVED to APPROVE the Consent Agenda excluding items F, H, I, J, and L. Council Member LaSala SECONDED the motion. Motion carried, 5 —0. A. Minutes -August 18, 1999 09/01/99 Minutes, Regular Council Session 2 B. Police Report, July 1999 C. Building Safety Division Activity Report, July 1999 D. Finance Report for Month Ended July 1999 E. Postponement of the September 15th, 1999 regular meeting to September 22nd, 1999 due to the League of Arizona Cities & Towns Conference F. Resolution No. (R) 99- 87 Awarding a Contract Proposal to WestLand Resources, Inc. for a Preliminary Site Investigation and Land Acquisition for an F-Zone Reservoir and Route Study for a 16" Supply Pipeline (PULLED FOR DISCUSSION) G. Resolution No. (R)99- 88 A resolution authorizing the amendment of an Intergovernmental Agreement with the State of Arizona concerning traffic signal maintenance H. OV12-97-18A Approval of Brake Max at Oro Valley Retail Center Public Art Proposal located along Oracle Road between First Avenue and Pusch View Lane (PULLED FOR DISCUSSION) I. OV12-98-1A Rancho Vistoso Neighborhood 11 Stone Canyon Golf Course Temporary Clubhouse and Recreation Center Landscape Plan, located west of Rancho Vistoso Blvd., one mile north of Vistoso Highlands Drive (PULLED FOR DISCUSSION) J. OV12-99-01 Villages of La Canada Final Plat, located on the northeast corner of Congressional Way and north La Canada Drive (PULLED FOR DISCUSSION) K. OV12-99-08 Oro Valley Retail Center Block 8 Development Plan, located northwest and adjacent to Oracle Road L. OV12-99-10 Rancho Vistoso Neighborhood 10, Parcel N Model Homes Development Plan, located west and adjacent to Rancho Vistoso Blvd. and east and adjacent to Hidden Springs Drive (PULLED FOR DISCUSSION) M. OV12-99-10 Rancho Vistoso Neighborhood 10 Parcel N Model Homes Landscape Plan, located north and adjacent to Vistoso Village, east of Hidden Springs Drive, south of vacant land, and west of Rancho Vistoso Blvd. N. Reappointment of Public Art Selection Committee for CDO Riverfront Park & the new Development Services Building F. RESOLUTION NO. (R) 99-87 AWARDING A CONTRACT PROPOSAL TO WESTLAND RESOURCES, INC. FOR A PRELIMINARY SITE INVESTIGATION AND LAND ACQUISITION FOR AN F-ZONE RESERVOIR AND ROUTE STUDY FOR A 16" SUPPLY PIPELINE In response to a concern expressed by Council Member Bryant regarding item 4 of the contract, Water Utility Director David Hook explained that the language used in the contract was standard. He stated that the Town's risk was minimal in this type of contract and if damage were done, the Town would have the opportunity to pursue the responsible party. In response to a concern expressed by Council Member Bryant regarding item 10 of the contract, Mayor Loomis explained the contract is a cost plus contract. Mr. Hook also 09/01/99 Minutes, Regular Council Session 3 explained that regarding item 13, there are different ways to calculate late fees. The language used is WestLand Resources standard calculation for late fees. MOTION: Council Member Bryant MOVED to accept the contract with the deletion of item 13. Council Member LaSala SECONDED the motion. DISCUSSION: In response to a question from Council Member LaSala, Town Attorney Dan Dudley stated that pursuant to item 11 of the contract, invoices are due thirty (30) days after due. CALL FOR THE QUESTION: Motion failed, 1 —4 with Mayor Loomis, Vice Mayor Johnson, Council Member Parisi, and Council Member LaSala opposed. MOTION: Vice Mayor Johnson MOVED to APPROVE Resolution No. (R)99-87, a Resolution of the Town of Oro Valley, Pima County, Arizona awarding a contract proposal to WestLand Resources, Inc. to provide preliminary engineering services for a 1,000,000 gallon reservoir at Water Plant No. 13 in the amount of$8,000. Council Member LaSala SECONDED the motion. Motion carried, 4— 1, with Council Member Bryant opposed. H. OV12-97-18A APPROVAL OF BRAKE MAX AT ORO VALLEY RETAIL CENTER PUBLIC ART PROPOSAL LOCATED ALONG ORACLE ROAD BETWEEN FIRST AVENUE AND PUSCH VIEW LANE Planning and Zoning Director Bryant Nodine reviewed overhead slides of the art proposal being presented for the Brake Max facility. He explained that the proposal consists of picnic tables and benches with tile inlay of colors in blues, greens and browns. MOTION: Council Member LaSala MOVED to approve OV 12-97-18A, Public Art for Brake Max, Oro Valley Retail Center as shown. Vice Mayor Johnson SECONDED the motion. Motion carried, 5 —0. I. OV12-98-1A RANCHO VISTOSO NEIGHBORHOOD 11 STONE CANYON GOLF COURSE TEMPORARY CLUBHOUSE AND RECREATION CENTER LANDSCAPE PLAN, LOCATED WEST OF RANCHO VISTOSO BLVD., ONE MILE NORTH OF VISTOSO HIGHLANDS DRIVE In response to a question from Council Member Bryant, Community Development Director Brent Sinclair explained that this item was the landscape plan for the entire area. He explained that the temporary clubhouse would probably be a modular unit and would be taken off site when the permanent building is constructed. He explained that until the final development plan is presented, staff would not know exactly where the permanent clubhouse would be located. 09/01/99 Minutes, Regular Council Session 4 MOTION: Vice Mayor Johnson MOVED to APPROVE OV 12-98-1 A, Rancho Vistoso Neighborhood 11, Stone Canyon Golf Course Temporary Clubhouse and Recreation Center Landscape Plan, as submitted. Council Member LaSala SECONDED the motion. Motion carried, 5 —0. J. OV12-99-01 VILLAGES OF LA CANADA FINAL PLAT, LOCATED ON THE NORTHEAST CORNER OF CONGRESSIONAL WAY AND NORTH LA CANADA DRIVE In response to a concern expressed by Council Member Bryant regarding mass grading, Community Development Director Brent Sinclair explained that the grading for the site was approved in 1994 before many of the Town's grading conditions were put into place. MOTION: Vice Mayor Johnson MOVED to APPROVE OV 12-99-01, Villages of La Canada Block A Final Plat, effective on the date of satisfaction of attached conditions listed in Exhibit"A". A) 1. The applicant shall pay an in-lieu fee since they will not provide sidewalks along La Canada Drive. 2. The applicant shall correct inconsistencies of plat information and coordinate file date including, but not limited to the following: • Centerline data for Sand Trap Way and Tee Up Way • Common Area C boundary data and square footage • Boundary data and square footage for the Common Areas A located adjacent to Congressional Way and the Private Drainageway • Centerline and tie data for Pitching Wedge Lane • Boundary data and square footage for Lot 533 3. The applicant shall submit a blueline of the corrected plat for Town staff review and approval prior to the submittal of the final plat mylars for recordation 4. Approval of this plat is dependent on Town Council approval of the recreation area plan submitted with the landscape plan. Council Member LaSala SECONDED the motion. Motion carried, 5 —0. L. OV12-99-10 RANCHO VISTOSO NEIGHBORHOOD 10, PARCEL N MODEL HOMES DEVELOPMENT PLAN, LOCATED WEST AND ADJACENT TO RANCHO VISTOSO BLVD. AND EAST AND ADJACENT TO HIDDEN SPRINGS DRIVE In response to concerns expressed by Council Member Bryant regarding mass grading, Community Development Director Brent Sinclair explained that this property is in the Rancho Vistoso Planned Area Development (PAD) and some of the conditions within the PAD allow things to be done in certain ways. 09/01/99 Minutes, Regular Council Session 5 Mayor Loomis stated that the development is Medium Density Residential and is being developed at that density so mass grading is almost necessary. He also explained that the Town's salvage requirements would apply for the property. MOTION: Vice Mayor Johnson MOVED to APPROVE OV 12-99-10, rancho Vistoso Neighborhood 10, Parcel N Model Homes Development Plan, effective on the date of satisfaction of conditions listed in Exhibit "A". A) 1. The architecture for this model home development plan must be reviewed and approved by the Development Review Board (DRB.) 2. The boundary calculations for the proposed Stonecrest Place do not match the information shown on the plans. The information on the plans is incomplete. 3. Provide a summary of the capacity of the Moore Road Detention Facility which shows, in tabular form, what runoff is presently being conveyed to this site, what projects in design are proposed to contribute flows and the amount of remaining reserve capacity. 4. Provide a short form traffic impact analysis showing trip generation, distribution and capacity analysis at the Hidden Springs Drive and Stonecrest Place intersection. Council Member LaSala SECONDED the motion. Motion carried, 5 —0. 2. APPOINTMENT OF WATER UTILITY COMMISSION MEMBERS MOTION: Council Member Bryant MOVED to APPOINT John Dohogne and Leo Leonhart to the Oro Valley Water Utility Commission, serving a term to expire on June 30, 2002 and to assign the constituency of each member as recommended (in Council Communication.) Council Member LaSala SECONDED the motion. Motion carried, 5 -0. 3. APPOINTMENT OF BUDGET & BOND COMMITTEE MEMBERS MOTION: Council Member LaSala MOVED to APPOINT Louis Dudas, Jack Longley, Mark Neihart, Barton Rochman, and Vito Tedesci to the Town of Oro Valley Budget and Bond Committee. Council Member Bryant SECONDED the motion. Motion carried, 5 -0. 4. APPROVAL OF ADDITIONAL MEMBERSHIP TO THE ENVIRONMENTALLY SENSITIVE LANDS ORDINANCE (ESLO) PUBLIC ADVISORY COMMITTEE MOTION: Council Member LaSala MOVED to APPROVE the addition of Joe Murray and Dick Maes and open positions for Sector Boards 5 and 7 to the ESLO Public Advisory Committee. Vice Mayor Johnson SECONDED the motion. Motion carried, 5 —0. 09/01/99 Minutes, Regular Council Session 6 5. PUBLIC HEARING—OV 12-99-07 GRADING EXCEPTION REQUEST FOR LA CANADA/LAMBERT COMMERCIAL CENTER DEVELOPMENT PLAN (PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LA CANADA DRIVE AND LAMBERT LANE)(CONTINUED FROM 08/04/99) Community Development Director Brent Sinclair reported that the applicant has met with homeowners surrounding the area of the proposed La Canada/Lambert Lane Commercial Center. As a result of the meeting, a new Concept Plan (Concept Plan L), has been submitted by the applicant. Charles Hulsey, The WLB Group, representing the applicant, Beztak, reviewed the development plan and grading waiver for the area. He stated that they have met with the neighbors and some changes have been made. He explained that they propose to move the Bank south on the property, which would open the view shed on La Canada Drive. He further explained that the architecture would "wrap" around the buildings. An eight (8) foot high berm would be added to protect view sheds along the golf course and as the mature trees are salvaged, they would be placed along the perimeter of the site before the grading takes place. Mr. Hulsey further reviewed changes and explained that with approval of staff, they have been able to move the driveway at the north end of the site towards the eastern boundary, which saves most of the hill. He stated that one pod of parking spaces has been removed which also saves a portion of the hill. He also explained that they have agreed to wall in the well site but would like to have "rounded" corners on the structure. Mr. Hulsey stated that they would provide a seating area, a fountain, and trail head connection on the corner of Lambert Lane and La Canada Drive. Mr. Hulsey reviewed the grading waiver request. He explained that the same amount of cut and fill would be done as in the original request with no changes to grades except in the parking lot area by the hill. In answer to a question from Council Member LaSala, Mr. Hulsey explained that they currently have no tenant for Building 2, the anchor store, which is 50,8000 square feet in size. He stated that they could change the size by amending the development plan depending on who would be using the store. In response to a concern expressed by Vice Mayor Johnson regarding the backs of the buildings, Mr. Hulsey reviewed renderings depicting the architecture of the buildings. He explained that the architecture wraps around the buildings and was approved by the Development Review Board. He also explained that the lighting at the backs of the buildings will be restricted and would be "down" lights so they would not shine into the neighbor's back yards. In response to a question from Council Member Bryant regarding the small hill on the southwest corner of the site, Mr. Hulsey stated that most of that hill would be removed with the grading approved for the Villages of La Canada. He stated that the remainder 09/01/99 Minutes, Regular Council Session 7 would be removed with the grading if approved for this site. Mr. Hulsey further explained that the number of parking spaces could be adjusted if appropriate when the tenant of the anchor building is determined. Mayor Loomis opened the public hearing. Jerry Roberts, 10280 N. Camino Valdeflores, stated that there has been good communication with the applicant and the neighbors. He stated that he felt the neighbors concerns had been listened to and addressed. He was pleased that the bank and drug store were repositioned and that large trees would be provided for buffers. He stated that he would rather see natural landscaping but knew that "give and take" was necessary and he felt that they were on the right track. Sherry King, 10492 N. Fairway Vista Lane, reviewed her suggested revisions to the concept plan as presented by Mr. Hulsey. She stated that her plan would help keep more desert terrain and the hill, and would provide views of the Catalina Mountains and lights of Tucson. She also stated that the site does not need a 50,800 square foot anchor store. Roe Young, 10421 N. Fairway Vista Lane, stated "big box" stores are passe. She stated that they are offensive in residential areas and are being voted out in Arizona and the entire country. She stated that she was not supportive of the grading waiver. She stated that the citizens need the services of smaller stores such as restaurants, beauty shops, bakeries, clothing stores, etc. She stated that"big box" stores lessen property values and asked that the property not be allowed to be over built and be allowed to fit the needs of the residents. Bonnie Harris, 1212 W. Desert Greens Way, asked that Council do what is best for the citizens and the Town. She stated that no one is against commercial development but they want it within a natural setting and tastefully done. Bill Adler, 10720 N. Eagle Eye Place, questioned whether the grading waiver request meets all six criteria as required by ordinance. Mayor Loomis closed the public hearing. In response to questions from Council Member LaSala, Community Development Director Brent Sinclair agreed that they are looking at the grading waiver request and stated that the new concept plan better meets the criteria. He stated that the plan is conceptual and conditions will apply to the grading waiver. Mr. Sinclair then reviewed the proposed conditions as recommended by staff: ➢ The applicant shall work with staff to reduce the height of fill on the site. ➢ The height of fill on the perimeter of the fill area should strive to meet the Town's grading ordinance requirements. ➢ The applicant shall work with staff to provide additional landscape elements to `beautify' the hill and landscape berm at the northeast corner of the site. 09/01/99 Minutes, Regular Council Session 8 ➢ The approval of grading waiver based upon the concept plan known as "Concept Plan L" shall be for grading only. All other development aspects of the site, including site design and layout of buildings, shall be in accordance with the project development plan. Mr. Sinclair stated that the new concept plan with the conditions meets the grading ordinance requirements. In response to a question from Council Member LaSala, Mr. Sinclair explained that apartment complexes (approximately 220 units) could be placed on the property. In answer to a question from Mayor Loomis, Mr. Sinclair stated that the DRB and Council could place conditions on the grading waiver. Mayor Loomis expressed his concern that in the past, grading has occurred and development did not occur. He stated that he would like to apply a time limit to the grading waiver and apply significant bonding to the project. Mayor Loomis stated that he would like to move forward on the grading waiver but he felt that further refinements needed to be done on the concept plan. He stated that he also felt that the plans (development plan and landscape plan) should go back to the Development Review Board(DRB) for their approval. MOTION: Council Member LaSala MOVED to APPROVE the applicant's appeal of the grading exception, OV 12-99-07 with the conditions presented by Mr. Sinclair also tying the grading waiver to the development concept as seen tonight with the additional condition that a time line be set for one year that if the development does not begin within one year after grading, the Town move ahead and the applicant would have to re- vegetate. Also, a time limit of two years will apply to the grading waiver and the four corners are to be developed*. CONDITIONS AS PRESENTED BY MR. SINCLAIR TO BE INCLUDED PER MOTION: ➢ The applicant shall work with staff to reduce the height of fill on the site. ➢ The height of fill on the perimeter of the fill area should strive to meet the Town's grading ordinance requirements. ➢ The applicant shall work with staff to provide additional landscape elements to `beautify' the hill and landscape berm at the northeast corner of the site. ➢ The approval of grading waiver based upon the concept plan known as "Concept Plan L" shall be for grading only. All other development aspects of the site, including site design and layout of buildings, shall be in accordance with the project development plan. Vice Mayor Johnson SECONDED the motion. 09/01/99 Minutes, Regular Council Session 9 DISCUSSION: Vice Mayor Johnson asked for clarification to the four corner development. Mr. Hulsey responded to Vice Mayor Johnson and the conditions as presented. He explained that the applicant and The WLB Group have made a commitment to all involved that they would lower the grading as much as possible throughout the entire project. He also stated that they have concerns regarding sending the plans back to DRB. He stated that the plan was presented to the DRB and the Planning and Zoning Commission at a joint meeting and seminar, and everyone voiced their approval. He stated that sending the plan back to DRB would slow down the process, and the issues that would change are technical issues that would relate to staff and not to the DRB. He requested that if the plan did have to go back to DRB, that a special meeting be held in two weeks so the plan could be presented to Council in one month. Mr. Hulsey also explained that to pull the grading permits, a bond must be placed in the amount of 120% of the estimated cost of replacing re-vegetation. Mr. Sinclair explained that if a grading waiver were granted, the applicant would still have to apply for the permit. Once the permit is issued, they would have one year to complete the grading. Council Member Parisi stated that the Town's new grading ordinance protects the Town and the citizens. He explained that criteria are listed in the ordinance. Regarding development of the four corners, Mr. Hulsey explained that his client does not own the four corners and therefore, could not develop them. He stated that they would be glad to set the standard on the corner that the applicant does own. *AMENDMENT TO THE MOTION Council Member LaSala moved to amend the motion to develop one (1) corner (not 4). Vice Mayor Johnson agreed to the amendment. CALL FOR THE QUESTION Motion as amended carried, 4— 1 with Council Member Bryant opposed. Mayor Loomis recessed the meeting at 8:45 p.m. Meeting resumed at 9:00 p.m. 6. OV12-99-07 LA CANADA/LAMBERT LANE COMMERCIAL CENTER DEVELOPMENT PLAN (PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LA CANADA DRIVE AND LAMBERT LANE)(CONTINUED FROM 08/04/99) MOTION: Council Member LaSala MOVED to CONTINUE the Development Plan for 0V12-99-07 until such time that the development plan is presented. Council Member Bryant SECONDED the motion. Motion carried, 5 —0. 09/01/99 Minutes, Regular Council Session 10 7. OV12-99-7 LA CANADA DRIVE AND LAMBERT LANE COMMERCIAL CENTER LANDSCAPE PLAN (PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LA CANADA DRIVE AND LAMBERT LANE)(CONTINUED FROM 08/04/99) MOTION: Council Member LaSala MOVED to CONTINUE the Landscape Plan for OV 12-99-07 until such time that the development plan is presented. Council Member Bryant SECONDED the motion. Motion carried, 5 —0. Mayor Loomis moved Agenda Item 14 forward on the agenda. 14. PUBLIC HEARING—ORDINANCE NO. (0)99-48 OV 12-94-32, SUNRIDGE II IN-LIEU FEE PROPOSAL, LOCATED 3/4 MILE EAST OF LA CANADA DRIVE AND 1/2 MILE NORTH OF TANGERINE ROAD Community Development Director Brent Sinclair reported that the developer of Sunridge II, has requested an in-lieu fee for two recreation areas in the subdivision. The developer and most owners prefer to leave the recreation area in its natural state. Mr. Sinclair reported that staff has recommended $2,400 for the in-lieu fees if approved by Council. Council Member Bryant reported that he received a videotape of the area from a resident, Mr. Woliver. Mr. Woliver feels that the amount of$6,000 to $8,000 would be more appropriate for the in-lieu fee to keep the area from washing away into neighboring lots. Mr. Sinclair explained that the Board of Adjustment approved a variance allowing the developers to have an in-lieu fee. He explained that the area may take other improvements to keep the natural landscaping from washing away but that was the developer's choice. In response to a question from Council Member Bryant, Mayor Loomis and Mr. Sinclair explained that the homeowner's association would be responsible for keeping the area intact. They explained that the town is not accepting the property but would only be allowing an in-lieu fee for natural open space instead of a recreation area. Mr. Bill Daliman, 681 W. Silver Eagle Court, applicant, explained that Mr. Woliver's concerns have nothing to do with the request for an in-lieu fee. He stated that they would like to keep the area in Sunridge II in a natural state. He stated that they would fix the engineering and drainage problems in the area. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Vice Mayor Johnson MOVED to APPROVE OV 12-94-32, Sunridge II in- lieu fee proposal. Council Member LaSala SECONDED the motion. Motion carried, 4— 1, with Council Member Bryant opposed. 09/01/99 Minutes, Regular Council Session 11 8. PUBLIC HEARING—RESOLUTION NO. (R)99-89 INCREASING SERVICE FEES AND CHARGES FOR THE TOWN OF ORO VALLEY WATER UTILITY Water Utility Director David Hook reported that on July 21, 1999, Council adopted a resolution providing Notice of Intent to increase Service Fees and Charges. He reported that these changes relate to administrative services, primarily dealing with new customer accounts, installs, billing, etc. Mr. Hook reviewed the main recommended areas of changes: ➢ $5 increase to new service establishment fee ➢ $5 increase for meter re-read fee ➢ $10 increase for insufficient funds return check fee ➢ $150 increase for hydrant meter deposit ➢ $35 (new fee) for a permit for installation of back flow prevention device ➢ Increase in meter fees (relating to type of meters-changing to radio-read meters and to recover costs of labor for installing) In answer to a question from Vice Mayor Johnson, Mr. Hook reported that they are currently working on acquiring the radio-read equipment and will be installing the new equipment into the new subdivisions. They will be retrofitting old meters as part of an on-going plan. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Vice Mayor Johnson MOVED to APPROVE Resolution No. (R)99-89, a Resolution of the Town of Oro Valley, Pima County, Arizona increasing Service Fees and Charges for the Town of Oro Valley Water Utility. Council Member LaSala SECONDED the motion. Motion carried, 5 —0. 9. PUBLIC HEARING—ORDINANCE NO. (0)99-45 OV9-99-51 PARCEL #224-24-0120 AND PARCEL #224-24-0130, TRANSLATING AND REZONING RECENTLY ANNEXED LAND KNOWN AS THE HALLAQ PROPERTIES, FROM PIMA COUNTY CB-1, TR AND CR-2 TO ORO VALLEY C-2, R-6 AND R1-10,WITH CONDITIONS (PROPERTY LOCATED AT THE NORTHEAST CORNER OF LAMBERT LANE AND LA CHOLLA BLVD. (CONTINUED FROM 08/04/99) Community Development Director Brent Sinclair reported that the applicant has requested a continuance on this item. Mayor Loomis explained that the applicant wants to work with the Canada Hills Homeowners Association and therefore, has requested the continuance. 09/01/99 Minutes, Regular Council Session 12 MOTION: Vice Mayor Johnson MOVED to CONTINUE Ordinance No. (0)99-45, OV9-99-51, until the second meeting in October (October 20, 1999.) Council Member Parisi SECONDED the motion. Mayor Loomis opened the public hearing. Alan Lathrem, 1750 W. Tangerine Road, stated that this property is located in the Town of Tortolita and Oro Valley is wasting its time and efforts. Richard Tracy, 10674 N. Sand Canyon Place stated that he would speak to this item at the October meeting. Mayor Loomis closed the public hearing. CALL FOR THE QUESTION: Motion for continuance, carried, 5 —0. 10. RESOLUTION NO. (R)99- 86 APPROVAL OF MODIFICATIONS TO THE PROPOSED INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY REGARDING THE UTILIZATION OF COUNTY BOND PROCEEDS TO DEVELOP THE ORO VALLEY PUBLIC LIBRARY (CONTINUED FROM 08/18/99) Community Development Director Brent Sinclair reported that the Pima County Board of Supervisors has approved a revised Intergovernmental Agreement (IGA) for bond proceeds for the development of the Oro Valley Public Library. He explained that staff has reviewed the revised IGA and found it acceptable. MOTION: Council Member Bryant MOVED to APPROVE the Intergovernmental Agreement with Pima County, as revised per the Pima County Board of Supervisors, for the receipt of Library Bond proceeds in the amount of$2,000,000 and to set forth the responsibility of both parties for the design and construction of the Oro Valley Public Library. Vice Mayor Johnson SECONDED the motion. DISCUSSION: Vice Mayor Johnson stated that the Request for Proposals for architects will be going out soon and they hope to begin construction next spring. Motion carried, 5 —0. 11. OV12-98-1A RANCHO VISTOSO NEIGHBORHOOD 11 STONE CANYON GOLF COURSE TEMPORARY CLUBHOUSE AND RECREATION CENTER DEVELOPMENT PLAN (PROPERTY LOCATED WEST OF RANCHO 09/01/99 Minutes, Regular Council Session 13 (PROPERTY LOCATED WEST OF RANCHO VISTOSO BOULEVARD, ONE MILE NORTH OF VISTOSO HIGHLANDS DRIVE) Community Development Director Brent Sinclair reported that staff recommends approval of the Development Plan for OV 12-98-1 A, Stone Canyon temporary clubhouse and recreation center with conditions as recommended by staff. MOTION: Vice Mayor Johnson MOVED to approve OV 12-98-1 A Rancho Vistoso Neighborhood 11 Stone Canyon Golf Course Temporary Clubhouse and Recreation Center Development Plan with recommended conditions. CONDITIONS: 1. There shall be no encroachment into the dedicated natural open space, with the exception of the areas identified on the development plan. A trample zone, not to exceed 5 feet in depth, may be permitted. 2. Any significant changes to the approved development plan must be submitted and reviewed by planning staff. 3. All sidewalk against the curb must be 5 feet wide, detail 3 /2. 4. Remove the ribbon curb from details 1 /2 and 2 /2, and add vertical curb. Council Member Parisi SECONDED the motion. Motion carried, 5 —0. 12. PUBLIC HEARING-LIQUOR LICENSE APPROVAL FOR QUINCY ZHANG/HARVEST MOON CHINESE RESTAURANT, 12985 N ORACLE RD., SUITE 125 Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member LaSala MOVED to approve the request for a Series 12 liquor license for Harvest Moon Chinese Restaurant, 12985 N. Oracle Road, Suite 125. Council Member Bryant SECONDED the motion. Motion carried, 5 —0. 13. PUBLIC HEARING—ORDINANCE NO. (0)99-47 PROPOSED AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED, CHAPTER 3, CRITERIA,AS IT PERTAINS TO RECOMMENDATIONS OF THE AD HOC COMMITTEE ON DEVELOPMENT REVIEW Planning and Zoning Director Bryant Nodine reviewed the Council Communication. He reported that the Ad Hoc Committee has proposed additional language to criteria as set forth in Section 3-302 of the Oro Valley Zoning Code Revised. These criteria provide general guidelines for the Development Review Board when considering applications for development review. Mr. Nodine stated that staff has reviewed the changes, along with the recently adopted Design Guidelines and the comprehensive code amendments currently in progress. He explained that staff is recommending that since much of the 09/01/99 Minutes, Regular Council Session 14 current code language is now covered in more detail in Chapter 16, Design Guidelines, that they delete the criteria that are covered in Chapter 3. Mayor Loomis opened the public hearing. Bill Adler, 10720 N. Eagle Eye Place, stated that he appreciated the wording changes being recommended in paragraph "C." He also stated that in paragraph "E,"the language limits the Development Review Board's (DRB) ability to look at traffic circulation management. He stated that the DRB should not be limited in any way to consider innovative, creative or proper problem solving with regard to traffic. He recommended that that language be struck out of the amendments to the criteria. He suggested that the language was an attempt by the Ad Hoc Committee, which he felt was essentially dominated by the builders' associations, to limit the problem solving and creating thinking of the DRB. Charles Hulsey, 11361 N. Twin Spur Court, stated that he served on the Ad Hoc Committee and stated that the committee was not controlled or dominated by the development community. He agreed that there should not be limits as to what the Development Review Board looks at. He stated that it is a critical body in the Town and it provides a wonderful service. He stated that he did not remember that recommendation coming from the Ad Hoc Committee unless it was an issue that related to liability. Mayor Loomis closed the public hearing. MOTION: Council Member Bryant MOVED to DENY the amendments to the Oro Valley Zoning Code Revised, Chapter 3, Criteria as it pertains to recommendations of the Ad Hoc Committee on Development Review finding that current language is fine and works well. MOTION DIED due to lack of second. Council Member LaSala stated that we need to be creative when trying to solve problems, but how can we can accommodate engineering standards while still allowing creativity? Town Engineer Bill Jansen stated that there is nothing in the recommended criterion that constrains the innovative uses on internal traffic circulation, off-street parking, etc. He stated that when you look at the issue in accordance with accepted engineering design principles, many items need to be addressed (such as turning radius, etc.) He stated that you can still be creative but you must follow basic guidelines and principles. He also stated that some items would be "fixed", such as ingress, egress, acceleration and deceleration lanes and would not allow a lot of creativity. MOTION: Council Member Bryant MOVED to APPROVE the amendments to the Oro Valley Zoning Code Revised, Chapter 3, Criteria, as it pertains to recommendations of 09/01/99 Minutes, Regular Council Session 15 the Ad Hoc Committee on Development Review with the following revisions, "that we delete the changes in"E", and accept it as is. Mayor Loomis SECONDED the motion. DISCUSSION: In response to a question from Council Member LaSala, Mr. Jansen stated that he would always recommend against a plan if there was a material defect or safety issue relative to a particular plan. He also stated that he felt the language was not redundant but that it helps clarifies. Council Member Parisi stated that the Ad Hoc Committee worked hard on the amendments to the criteria and he felt that changes could be made a later date if it was necessary. He also stated that he did not see that the changes were restrictive. CALL FOR THE QUESTION: Motion carried, 3 —2, with Council Member Parisi and Council Member LaSala opposed. 15. 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 BLVD. FOR ALL FUTURE DEVELOPMENT Community Development Director Brent Sinclair stated that staff is requesting a continuance on this item in order to provide further study and clarification concerning the impact of the ordinance. Mayor Loomis opened the public hearing. Dick Izen, 12356 N. Mt. Bigelow, stated that he did not see a reason for a continuance. He stated that he understands that the concern by staff is "who pays for sidewalks in the already developed areas?" He stated that the proposal deals with future developments and if the proposal is further delayed, then that is another area that a sub-developer does not have to pay for the sidewalks. Mr. Izen stated that the owner of the land and the homeowner's association both support the installation of sidewalks. Charles Hulsey, stated that Vistoso Partners has no difficulty with the requirement that future developers install in sidewalks. Mayor Loomis closed the public hearing. In answer to a question from Vice Mayor Johnson, Town Engineer Bill Jansen explained that Public Works requested the continuance, as they did not know about the proposal until Friday afternoon. He stated that Public Works is responsible for the right-of-way, funding of new sidewalks, maintenance, etc. He explained that have had no input on the issue and the preliminary review of costs and liability to the Town is underestimated at approximately 300-500%. He stated that Public Works staff needs to study the issue further. 09/01/99 Minutes, Regular Council Session 16 MOTION: Council Member LaSala MOVED to CONTINUE OV9-99-112 until October 6, 1999. Council Member Parisi SECONDED the motion. Motion carried, 5 0. 16. PUBLIC HEARING—ORDINANCE NO. (0)99-50 OV9-99-113 REQUEST TO AMEND THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT (PAD), TO ADD THE DATE PALM TO THE APPROVED PLANT MATERIALS LIST Community Development Director Brent Sinclair stated that this item is to amend only the Rancho Vistoso Planned Area Development (PAD). He stated that staff has recommended against approval of the amendment with the Planning and Zoning Commission recommending approval with conditions. Mayor Loomis opened the public hearing. Hector Conde, 14040 N. Lobelia, stated that there were good reasons not to have exotic plants in the desert. He explained that the date palm is a habitat for exotic birds that do not belong in the desert. He stated that the date palm is a habitat for palmetto roaches and scorpions. He stated that he has worked on the committee that studied native plants and their recommendation was approved last month. He stated that now there is a request for an exception to the ordinance. He asked why the ordinance was adopted if they are going to change it immediately. He asked that Council reconsider the request. Charles Hulsey, The WLB Group, representing the applicant, Vistoso Partners, stated that they wanted to create an"oasis"type of effect that everyone associates with resorts. The palm tree gives that"sense of resort." He stated that they were asking that the landscape and architectural design community not be limited when they were designing these types of projects. He said that they would have not problem with the conditions as set forth by the Planning and Zoning Commission. Mayor Loomis closed the public hearing. In answer to a question from Council Member Bryant, Mr. Hulsey stated that the numbers of palms allowed would be subject to the Development Review Board's review. In answer to a question from Council Member LaSala, Mr. Sinclair stated that staff felt that they should stick to the General Plan as much as possible. The date palm is not included on the approved plant list. Mayor Loomis stated that date palms grow very tall and are not natural in the desert. He stated that the date palms do not provide shade or no other"real purpose." He stated that there are processes in place that allow date palms to be used by "exception." He stated that the conditions being proposed by the Planning and Zoning Commission do not provide limitations or restrictions that limit the date palms to just resorts. 09/01/99 Minutes, Regular Council Session 17 Council Member Parisi stated that he does not like date palms, but is it government's place to tell people what they can and can not plant? He said that even if the date palm were added to the list, the Development Review Board would still look at the landscape plan. MOTION: Vice Mayor Johnson MOVED to approve Ordinance (0)99-50, OV9-99-113 Rancho Vistoso PAD amendment with conditions recommended by the Planning and Zoning Commission. Council Member Parisi SECONDED the motion. DISCUSSION: Council Member LaSala stated that by adding the date palm to the list, it makes it uncontrollable. They are not restricting the use of plants, as applicants can ask for exceptions and a mechanism is in place for such exceptions. He stated that as long as they follow the General Plan, he did not think there would be any problems. Motion failed, 2 — 3, with Mayor Loomis, Council Member Bryant, and Council Member LaSala opposed. MOTION: Council Member LaSala MOVED to DENY Ordinance (0)99-50, OV9-99- 113, Rancho Vistoso PAD amendment. Council Member Bryant SECONDED the motion. DISCUSSION: Council Member Parisi asked Council Member LaSala if the applicant came back and presented a plan using date palms, would he agree to the same exception as was given to the Radisson? Council Member LaSala stated that the General Plan encourages restricting the use of non-native plants, but a mechanism is in place for exceptions. He stated that if DRB recommended the exception, then he would agree to it. Council Member LaSala stated that he wanted to keep the same process that was used for the Radisson in place and not open up the floodgates. CALL FOR THE QUESTION: Motion carried, 3 —2, with Vice Mayor Johnson and Council Member Parisi opposed. 17. PUBLIC HEARING—ORDINANCE NO. (0)99-51 AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED, CHAPTERS 2, DEFINITIONS, AND 9, CONDITIONAL USE REGULATIONS,LOCATIONAL REQUIREMENTS FOR CONVENIENCE USES Planning and Zoning Director Bryant Nodine reported that staff has prepared a Zoning Code Amendment that would permit the location of convenience uses in shopping centers and office parks of nine (9) acres in size or larger. He explained that the amendments would also allow for convenience uses to be located in mixed-use developments, both commercial and office in nature. Convenience uses would be subject to timing of development restrictions (cannot be constructed until 50% of the total floor area of the non-convenience use structures have been built.) He also explained that convenience uses in office parks would only be permitted in commercial zoning designations. Mr. 09/01/99 Minutes, Regular Council Session 18 Nodine explained that the Planning and Zoning Commission recommended approval of the amendments with the condition that the number of drive-thru and retail motor fuel convenience uses be limited to one per nine acres. He reported that staff concurs with the recommendation. In response to a question from Council Member Bryant, Mr. Nodine explained that the development plan would study traffic issues. He also explained that convenience uses require Conditional Use Permits and so that process would also study traffic concerns. In answer to a question from Mayor Loomis, Mr. Nodine explained that the number of drive-thru and retail motor fuel convenience uses would be restricted to one total of either of those. Mayor Loomis opened the public hearing. Bill Adler, 10720 N. Eagle Eye Place, stated that convenience uses are incompatible with office parks in all aspects. He stated that with the conflict potential with traffic, pedestrians, signage, etc., Council should not consider this amendment request. Steve Hagedorn, 110 S. Church, representing owners of a 14 acre parcel on the northwest corner of Linda Vista Boulevard and Oracle Road, stated that they are looking at an office complex for that corner which would require a rezoning from R1-144 to C-N. He stated that the proposed project would be about two-thirds offices, with a sit-down restaurant at the Desert Sky corner and a convenience use at the Linda Vista corner. He stated that they feel that convenience uses are compatible with office parks as they provide workers the use of services. He requested Council's support of the amendment to the Zoning Code Revised. Mayor Loomis closed the public hearing. Council Member Bryant expressed his concern regarding the potential traffic at the corner of Linda Vista and Oracle Road. He stated that he felt that convenience uses are not compatible with office parks. MOTION: Council Member Bryant MOVED to DENY Ordinance No. (0)99-51, Amendments to the Oro Valley Zoning Code Revised, Chapter 2, Definitions, and Chapter 9, Locational Requirements for Convenience Uses. Council Member LaSala SECONDED the motion. DISCUSSION: In answer to a questions from Council Member LaSala, Mr. Nodine explained that convenience uses are gas stations, fast food restaurants, a deli, places that serve alcoholic beverages in disposable containers, plus others. Council Member LaSala stated he has seen nice office complexes with nice convenience uses. He stated that he felt that it is a wonderful service to the people that work there and he thought they were compatible if done correctly. 09/01/99 Minutes, Regular Council Session 19 Vice Mayor Johnson stated that there are many nice office complexes that have integrated convenience uses within them. He stated that each conditional use permit would have to go through the Planning and Zoning Commission, the Development Review Board and Council and each would be looked at for compatibility. CALL FOR THE QUESTION: Motion to deny failed, 1 —4, with Mayor Loomis, Vice Mayor Johnson, Council Member Parisi and Council Member LaSala opposed. MOTION: Council Member LaSala MOVED to APPROVE Ordinance No. (0)99-51, Amendments to the Oro Valley Zoning Code Revised, Chapter 2, Definitions, and Chapter 9, Locational Requirements for Convenience Uses adding the condition as set forth by the Planning and Zoning Commission that the number of drive-thru and retail motor fuel convenience uses be limited to one per nine acres. Vice Mayor Johnson SECONDED the motion. Motion carried, 4— 1, with Council Member Bryant opposed. 18. APPOINTMENT OF MEMBER TO THE PARKS AND RECREATION ADVISORY BOARD MOTION: Council Member Bryant MOVED to APPOINT Ms. Becky Blakenship to the Oro Valley Parks and Recreation Advisory Board, with a term to expire in May, 2000. Vice Mayor Johnson SECONDED the motion. Motion carried, 5 —0. TOWN MANAGER'S REPORT No report. ENGINEER'S REPORT No report. FINANCE DIRECTOR'S REPORT Finance Director David Andrews reported that the field work for the Town's Annual Financial Audit was completed. The audit will be sent to the Budget and Bond Committee in October and then forwarded to Council. He also reported that the position for the Town's Network Administrator has been filled. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Community Development Director Brent Sinclair reported that construction has begun on the new Development Services Building. He also reported that bids were opened for the CDO Riverfront Park development. Staff will evaluate the bids and will be returning their findings to Council in October. Mr. Sinclair also reported that the Citizens' Planning Institute (CPI) will be beginning in September. Also, the Environmentally 09/01/99 Minutes, Regular Council Session 20 Sensitive Lands Project will be holding a public workshop on September 9th in the Town Council Chambers. POLICE CHIEF'S REPORT Police Chief Wolff reported that the 8th Citizens Police Academy started today (September 1, 1999.) WATER UTILITY DIRECTOR'S REPORT No report. COUNCIL COMMITTEE REPORTS Vice Mayor Johnson reported that the Metropolitan Tucson Convention and Visitor's Bureau met with the Deputy City Manager of Tucson regarding their Rio Nuevo project. He asked that Council support the project in downtown Tucson that would enhance the entire region. Council Member Parisi stated that he has been speaking weekly with the Fraternal Order of Police and things are going well. He also reported that the Fire Advisory Committee met with the Focus Group on the Strategic Plan. He urged Council to call him if they had questions regarding the Plan. CALL TO AUDIENCE Dick Maes, 945 W. Vistoso Highlands Drive, addressed the Native Plant Salvage Ordinance that was approved by Council in August. He stated that he was surprised to see what took one year of work and effort by an Ad Hoc Committee composed of professional experts and Town staff, turned into a bureaucratic nightmare of public hearings on something that should be handled by staff and not reviewed by the Development Review Board and Mayor and Council. He stated that because of one person's opinion, two more months would now be added on to the process, which will determine whether a plant will live. ADJOURNMENT MOTION: Council Member Bryant MOVED to adjourn at 10:50 p.m. Vice Mayor Johnson SECONDED the motion. Motion to adjourn, carried, 5 —0. Respectfully submitted, Roxana Garrity, Deputy Town Cl k 09/01/99 Minutes, Regular Council Session 21 I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 1st day of 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 MINUTES ORO VALLEY TOWN COUNCIL JOINT STUDY SESSION MEETING6* WITH _r THE BOARD OF DIRECTORS Viods OF AMPHITHEATER SCHOOL DISTRICT 414'44)4 JULY 26 , 1999 CROSS MIDDLE SCHOOL 1,000 We CHAPALA DRIVE TUCSON,ARIZONA STUDY SESSION - AT OR AFTER 7:00 PM CALL TO ORDER 7:00 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Fran LaSala, Council Member Paul Parisi, Council Member Wayne Bryant, Council Member EXCUSED: Dick Johnson, Vice Mayor DISCUSSION AND CLARIFICATION OF THE TOWN OF ORO VALLEY'S OFFER TO JOINTLY PURCHASE PROPERTY AT THE SOUTHEAST CORNER OF NORTH FIRST AVENUE AND TANGERINE ROAD Dan Dudley, Town Attorney stated that on July 16th Council Member LaSala moved to authorize up to $1.5 million for land acquisition at the southeast corner of Tangerine and North First Avenue in conjunction with the Amphitheater School District's effort to locate the new high school in Oro Valley. Mr. Dudley stated the offer by the Town was to encourage in a concrete way Amphi's location of that school in the center of the district within Oro Valley. It is anticipated that in order to carry out the offer, a joint IGA would be necessary. The Town is without limitation in its legal and financial authority to spend up to $1.5 million. The Town is willing to discuss and address any potential areas of concern that may arise as a result of this site. He stated that the Town would be willing to consider the following: 1) Exchanging land to add acreage for the expansion of the high school. 2) Joint condemnation proceeding as part of the IGA. 3) The Town is legally able to commit funds up to & including $1.5 million. Bryant Nodine, Planning & Zoning Administrator gave some background about the town, stating that they issue 1000 building permits per year located within 3 miles of the high school site, which typically translates to 150 high school students a year. He stated there 07/26/99 Joint Study Session, Oro Valley Town Council & Amphitheater Public 2 School District are quite a bit of entitlements in the area that are already platted or rezoned. He stated the major utilities located on the south side of Tangerine Road are in. He stated access to the site is good and emergency services are excellent. He stated the Town's participation in the site goes beyond the $1.5 million because the Town would be willing to help with the securing of the 404 permit, if necessary, Town Engineer Bill Jansen responded to a question by Katie Frey of being willing to install a traffic signal at Palisades & Tangerine Road. Mr. Jansen stated that there would be no reason not to consider installing a signal as long as the warrants (regulated by National Standards)justify a light at that intersection. Recommended minimum distance for synchronized signals is 600 feet. He also stated that warrants can be waived if it is a matter of public safety & welfare. Council Member Parisi stated the traffic signal going in at Linda Vista& Oracle Road is a direct result of Amphi School District wanting a light there for the freshmen campus at Canyon Del Oro High School. He stated the warrants were not enough to justify a signal but after working with Pima Association of Governments, a light is going in this year. In answer to a question by Richard Scott, Mr. Jansen explained the time table for planned improvements to First Avenue & Tangerine Road. In answer to a question by Council Member LaSala, Finance Director David Andrews stated that revenue sharing is based on the population of the Town. Town Clerk Kathryn Cuvelier read the following letter submitted by Council Member Johnson for the record: "There are several important points that I would like read into the record: 1) the school site should be in the town limits of the Town of Oro Valley where the students are located. The rationale for this has been detailed previously. 2)the property north of the Cal Mat site represents the best site location for the academic and administrative facilities with development of athletic and performing arts facilities within the Cal Mat site as part of a joint town/school district development makes sense. There is adequate space north of the Cal Mat land for the academic and administrative facilities with easy access off of Tangerine Road. Locating the football field, ball fields,tennis courts, swimming pool, gymnasium and indoor/outdoor performing arts facilities within the excavated area of Cal Mat, is logical and saves the taxpayers money. Why duplicate athletic and recreation facilities so close to each other as would be the case if the school develops the north First Avenue and Tangerine Road location and the Town of Oro Valley develops the Cal Mat site. Putting together a regional education, culture and recreation area at the Cal Mat site and the property north is visionary, logical and cost saving in the long run. Why won't it work? 3) From both the Town's and school districts' perspective, the corner of North First and Tangerine is better developed as commercial property as will be the case of the other three corners. This intersection will be a major traffic hub in the future as both roads are widened and improved. The loss of tax revenue 07/26/99 Joint Study Session, Oro Valley Town Council & Amphitheater Public 3 School District for both the school district and town will be significant if this corner is not developed to its potential. The Town of Oro Valley has limited high traffic volume intersections and to use one of them for a non-revenue producing use is not fiduciary sound thinking. I urge both the Amphi School Board and Town Council to do what's right for our students as well as our taxpayers. They deserve your best long range decisions and not what may be expedient in the short run. A "pride of authorship" mentality has no place in this process. Dick Johnson, Vice Mayor Oro Valley Town Council Closing remarks —Amphitheater School Board Richard Scott reiterated the Town of Oro Valley's proposal as stated above. In response to a question by Ken Smith, Mr. Nodine stated that the archaelogical sites could be used as educational sites. Mr. Nodine stated if the site is mitigated, steps have to be taken to preserve the site, as long as the education didn't effect the preservation of the site, there would be no problem. In response to a question by Nancy Young Wright, Mr. Nodine explained the process for preserving archaelogical sites in Oro Valley. Council Member Bryant stated he feels this is the ideal site for the new high school and can benefit both Oro Valley and Amphitheater Public Schools. This would be a perfect site to develop recreational facilities, as well. Council Member LaSala thanked the school board for meeting with the Town. He stated that he agrees with Vice Mayor Johnson,that Cal Mat is a very good site, however, that is not a site that is being considered by the school district. He agreed with Council Member Bryant that it is time to put politics behind us, it is time to think about the future of our children. He stated the majority of kids going to the high school, will be Oro Valley students. This should be a community school. Council Member Parisi stated he echoes Council Member LaSala's comments. He pointed out that Oro Valley has had a history of cooperating with the Amphi School District. He stated that it doesn't make sense to bus kids to a school where they don't live. Mayor Loomis stated the location of the high school is Amphi's School District's decision. All we can do is identify the areas where there are challenges and to provide our concentrated efforts to support our children. He stated the Council has demonstrated its commitment in supporting the children in Oro Valley. Where ever the district decides 07/26/99 Joint Study Session, Oro Valley Town Council & Amphitheater Public 4 School District to locate the school, Oro Valley will be impacted and we will still be neighbors. He stated Oro Valley will continue to work with Amphi PUBLIC COMMENT Steve Shochat, 1795 W. Hunter Road. Mr. Shochat stated he is the Vice Mayor for Town of Tortolita and he presented a resolution in support of the school site at the southeast corner of Tangerine Road and North First Avenue. The following citizens voiced their opposition to the location of the school site at the southeast corner of Tangerine Road and North First Avenue: Tom Busch, 11420 N. Sky Walker Way. Doug McKee, 11836 N. Casa Rod (inaudible) 11991 N. Labyrinth, President of Catalina Shadows Homeowner's Association. Jean Owen, 11997 N. Labyrinth, Catalina Shadows. Marilyn Cook, 11570 N. Skywire Way. Richard Feinberg, 1451 E. Triton Place. Mr. Feinberg submitted a petition representing One Hundred and one homeowners located with Palisades South, Palisades Point and Catalina Shadows to the Amphitheater Governing Board and the Oro Valley Town Council stating their opposition to the location of the new high school at First Avenue & Tangerine for the following reasons: 1) Oro Valley Town Council is proposing to use the contingency fund for 1.5 million dollars to help acquire the site. 2) Traffic congestion at Palisades Road and along First Avenue. 3) Cost of acquisition of site, development costs and 6 archaeology sites & mitigation costs. 4) Proximity to Canyon Del Oro High School. 5) Pinal County new subdivision students in Oracle will be bused longer distances. Karen Rogers, 1815 E. Stardust Place. Dana Brody, 11480 N. Skywire. Al Cook, 11570 N. Skywire. Glen Holleman, Palisades Estates. The following citizens spoke in favor of the North First Avenue and North Tangerine Road high school site: Paula Abbott, Rancho Vistoso. Diane Roose Gary Forest, 10842 N. Stone Canyon Place. ADJOURNMENT 07/26/99 Joint Study Session, Oro Valley Town Council & Amphitheater Public 5 School District A MOTION was made by Council Member LaSala to adjourn the study session at 8:50 p.m. MOTION carried 5 —0. Respectfully submitted, Kathryn E. Cuvelier, CMC Town Clerk MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION AUGUST 23 , 1999 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE DSOs' STUDY SESSION - AT OR AFTER 7:00 PM CALL TO ORDER 7:00 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Fran LaSala, Council Member Paul Parisi, Council Member Wayne Bryant, Council Member DISCUSSION REGARDING EXPANDING TOWN COUNCIL MEMBERSHIP FROM 5 TO 7 In response to a request by the Mayor& Council during their Retreat held on June 5, 1999, Town Manager Chuck Sweet reviewed a list of impacts anticipated should the Council decide to expand the membership to 7. He recommended that increasing the membership to 7 would be positive for the community because of the anticipated increase in Oro Valley's population to 30,000 by the time the 2000 census is completed. He stated based on the increase in population, increasing to seven elected officials would be appropriate. Mayor Loomis and members of the Council discussed the advantages and disadvantages of increasing to 7 members vs. 5 members. It was pointed out that out of 87 cities/towns in Arizona, only 11 have five council members. Populations range from a high of 25,445 (Oro Valley) to a low of 460 (Jerome). Council Member Parisi suggested forming a citizen task force that could look at the structure of Oro Valley's government and make a recommendation to the Council on issues such as increasing to a 7 member council, whether or not the town should become a city, etc. prior to the 2002 election. It was discussed that it would be more appropriate to consider changing the membership from 5 to 7 at the 2002 election. This would give the Task Force time to study and make their recommendations to the Council. 08/23/99 Council Study Session 2 DISCUSSION REGARDING LANDSCAPING PLAN FOR LA CANADA DRIVE MEDIAN Mr. Sweet stated that in March of 1999, the Canada Hills Community Association informed the Town that they would no longer be providing maintenance within the La Canada Drive median. He stated that since March, the town has performed minimal maintenance of the median by removing dead shrubs, trimming broken tree limbs from storm damage and removing trash. Bill Jansen, Town Engineer gave the background of the situation and stated that a proposed landscape plan has been received by Landscape Architect Don McGann showing (1) the reduction of water consumption and (2) the reduction of on-going median maintenance. The plan allows for the retention of the existing mesquite and acacia trees in the median area. Although these trees will require a minimum amount of water and maintenance, the benefit of retaining the plants as opposed to removal is significant. These trees act as the entry treatment for the Town Hall and are a source of pride within the community. Mayor& Council discussed the fact that this right-of-way is a gateway to our community and the importance of clearly setting guidelines for the type of"drought tolerant" plants that can go in the medians. Staff was directed to bring back for Council action, the global policy for all landscaping in public right-of-ways and how that would be converted to drought tolerant right-of- ways. Secondly, bring back a specific proposal to convert the median in La Canada Drive for Council action. In the mean time, the existing landscaping in the La Canada median will be maintained. DISCUSSION REGARDING A DRAFT ORDINANCE AMENDING SECTION 3- 6-1 OF THE ORO VALLEY TOWN CODE REGARDING THE ROTATION OF CHAIRS OF ADVISORY GROUPS Dan Dudley, Town Attorney explained that the purpose of the draft ordinance is to set forth the procedure for rotating Advisory Board/Committee Chairpersons and to ensure that those terms would last one year only, in any one term of office. Therefore, limiting a chairperson from serving successive terms as chairperson. Mr. Dudley recommended that the Council take a look at the Rules & Procedures of the various Boards and Commissions for consistency in how they are operating. Council Member Parisi expressed his opposition and stressed the importance of being cautious and conservative before changing the town's structure of government. He stated this would be another proposal for the Task Force to consider. 08/23/99 Council Study Session 3 Council Member LaSala stated he doesn't believe the Chair should be rotated, however he is in favor of electing the Chair on an annual basis. He agreed that not everyone wants to take on that responsibility. He stated we need to look at the separation of the standing Boards that are on-going from the Task Forces that are formed for a purpose and then dissolved. He stressed the importance of being very clear in defining the roles of these committees when they are formed. Vice Mayor Johnson stated he would support an annual election of the Chair. He agreed that a Task Force should be formed to study these issues. He stated this Task Force should be given a specific deadline to complete their study, make a recommendation to Council and then be disbanded so this study can be completed in a timely manner. Mayor Loomis called a recess at 8:05 p.m. Meeting resumed at 8:15 p.m. DISCUSSION REGARDING AMENDING THE TOWN COUNCIL POLICIES AND PROCEDURES, SECTION III—AGENDAS, REGARDING PRODUCTION OF AGENDA PACKETS TWO WEEKS PRIOR TO REGULAR COUNCIL MEETINGS AND AGENDA MANAGEMENT DISCUSSION Packet Distribution Deadlines: Kathryn Cuvelier, Town Clerk stated that Mayor Loomis has requested that Council packets be distributed 2 weeks prior to a regular Council meeting. A proposed calendar showing the 2 week deadlines was distributed and discussed. Members of the Council agreed that receiving packets 2 weeks prior to the meeting would be beneficial. Discussion followed regarding ways to reduce the length of the Agendas, adhering to deadlines and allowing for exceptions that may come up from time to time. It was pointed out that if a developer needs to request a continuance, they should explain their reasons why in their request. Council Member LaSala stated he had no problem with receiving his packet one week prior to a meeting. Mayor Loomis stated this will be brought back for Council consideration as a policy amendment and will go into effect January 1, 2000. Agenda Management: Council members reviewed a list of items that are considered to be administrative in nature and are not required to be formally approved by the Town Council. The Mayor& Council agreed on removing the following from Council consideration: • Notice of Completion documents. • Placement of signs restricting parking. • Waivers to temporary "No Access Easements." 08/23/99 Council Study Session 4 The following items will be placed on the Consent Agenda: • Landscape Plans • Placement of stop signs and other regulatory traffic signs. • Designation of crosswalks Public Hearings: Discussion followed regarding the best way to run an orderly public hearing. All agreed that public input should not be limited, but it should be controlled. It was discussed that if a public hearing is controversial that consideration should be given to holding an additional meeting to only address that item. Non-public hearing items: Council Member Johnson stated Agenda Management is about the effective management of time. The meetings should be as productive as possible, get the public feedback and get on with the business. Calendar System: Town Attorney Dan Dudley explained an option of preparing a master calendar of items slated to come before the Town Council. Mayor Loomis stated he liked the idea and suggested putting out a weekly calendar showing items due to come forward to the Council within the next 3 months. He asked that staff look at the P & Z calendar and integrate that calendar with other departments to try and get an anticipated target date for when a specific item will be coming forward to Council. Staff will work on coming up with some ideas. ADJOURNMENT A MOTION was made by Council Member Parisi and SECONDED by Vice Mayor Johnson to adjourn the study session at 9:10 p.m. MOTION carried 5 —0. Respectfully submitted, Kathryn E. Cuvelier, CMC Town Clerk lf. MINUTES • ORO VALLEY TOWN COUNCIL SPECIAL SESSION AUGUST 25, 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 Dick Johnson, Vice Mayor Paul Parisi, Council Member Fran LaSala, Council Member 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 Kevin Smith, TNT Sanitation, in answer to a question from the Council, stated that recycling is done voluntarily, it is not federally mandated. He pointed out that tipping fees are a charge for dumping trash at a landfill. He stated it is charged per pounds or tons. He pointed out that major costs to consider include labor, equipment, fuel and tipping fees. Council Member LaSala asked how will we be able to tell what is an Oro Valley tipping fee and what isn't? Mr. Smith stated the Town will have to hire Sanitation Inspectors who will have to follow the trucks to monitor their activities. Mayor Loomis opened the public hearing. Henry Suozzi, 11733 Mandarin Lane. Mr. Suozzi stated that with 1 large dumpster provided by the garbage company, it is sufficient to have once a week garbage pick up 08/25/99 Minutes, Special Session 2 and once a week recycling pick up. He stated that Oro Valley should not get involved with the direct management and he is happy with Waste Management. Patricia McGrath, 14707 N. Summer Star Blvd. Ms. McGrath agreed that the town should not go into the garbage business. She stated that having a contract with a provider does not guarantee good service. She prefers to choose her own provider. She pointed out that if the town contracts with one provider, it will affect the smaller companies. Jim Kriegh, 40 E. Calle Concordia. Mr. Kriegh stated he has no problem with the pick up schedule he now has of once a week garbage and once a week recycling. Because of the amount of yard work, he has 2 large containers, one for household and one for leaves, etc. He stated the base rate should include all costs. Jim Ostheimer, 13981 Alyssum Way. Mr. Ostheimer stated if the town enters into a contract with a garbage provider, he prefers that the Town not have an"opt out" option. David Houser, Waste Management and resident of OV-1911 W. Muirhead Loop. Mr. Houser stated that he is aware that the reason the Town is considering solid waste management is because of the poor service during the transition made by Waste Management last year. He stated if Waste Management hasn't done so, he would like to offer an apology on behalf of Waste Management. He stated that other than 1 issue he is aware of, everything has been quiet since the transition. He cautioned the Council that if they take over the service, the overall costs may not be reduced. He pointed out additional costs that will be incurred by some of the Task Force's recommendations, such as twice a week pick up, deleting a pick up on Saturday, adding clean up days, adding 3 additional holidays they do not currently observe, and administrative and record keeping costs. Mr. Houser suggested that the same can be accomplished through the adoption of an ordinance and with a permitting process. He stated since they are the only provider that serves many Homeowner Associations in the town, he feels they are already addressing wear and tear on the streets and air pollution. He stated if they are required to pick up trash twice a week instead of once a week, this will add to the costs. Kevin Smith, TNT Sanitation. Mr. Smith agreed there may be a rise in costs. He recommended that the town look at requiring continuous service because it is very expensive to start and stop service. He stated if he has to post a performance bond, his company will not be able to do so. He pointed out that they provide service to the City of Tucson and that a performance bond is not required. He pointed out that there are so many things to consider, this should not be rushed into. He agreed that the garbage haulers can be regulated by ordinance and a permitting process. He also stated a franchise fee could be charged. He pointed out that disposal costs are the most volatile. There being no further comments, Mayor Loomis closed the public hearing. Vice Mayor Johnson pointed out that if the Town forms a partnership with the haulers, some of the concerns expressed tonight can be worked out. The transition will take place over a 1 year time frame. 08/25/99 Minutes, Special Session 3 In answer to a question by Council Member Parisi, David Houser with Waste Management stated that the price will go down for those in Oro Valley now receiving twice a week trash pick up, because most of the OV residents now receive twice a week pick up. However, there are a group of citizens that receive once a week pick up, therefore, their costs will go up. He also answered that Waste Management can provide additional bins to families that need them for an additional cost. Mayor Loomis announced that the next public hearing will be held on September 29th at 7:00 p.m. MOTION: Council Member LaSala MOVED to adjourn at 8:05 p.m. Vice Mayor Johnson SECONDED the motion. Motion carried, 5 —0. Respectfully submitted, 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 25th day of August 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 �0,..',..;. . LEY 4 , ,>0 B t a ‘tt 0 c<, 0 I, 7 11000 N. La Canada Dr. V a. ' Oro Valley, Arizona 85737 WERNER S. WOLFF, Chief of Police kik ► Phone (520) 742-5474 FAX (520) 797-2616 A ,{aa °UNDEo'\9 ORO VALLEY POLICE DEPARTMENT "INTEGRITY, PRIDE, EXCELLENCE" MEMORANDUM TO: Mayor Loomis and Town Council FROM: Chief Werner S. Wolff DATE: September 8, 1999 RE: Monthly Breakdown of Citations by Violation and Police Activity Summary Attached please find the updates for the month of August, 1999. WSW:nlr en N en - N C C C - M N ON r-- \i ,-. ,--. Hen . Hr--. r-. Le-, u H n r-. 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C\ N V:;) M 00 �D C` A-+ 0 ,-• M N N N N 00 — - 00 OC Z O\ N V•) kr) t--- N d' 0 cy` ,, 4 ti w W W E-+ 1. G u 0 xN CIN CA s . „., c,„ ,,,...). 0 ,,, 7.4 ;-. 4., 0 c...; aa a a) r U : B .C O — • n ••-, S=1 o •.E • G "irs 1171) = c= ,-. tai ct T't ,,,, ,,, •-. •- -- ,,,i ,..., (1) ,-* .4 o '' .1 A E -+ E-• -+ Q -tE- 41 w < U p4 a p4 Ec z TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 22, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: Valerie Feuer, Senior Planner SUBJECT: OV12-97-15 Request for Extension of Time Limit for Rancho Vistoso Office Park Development Plan, Located on the West Side of Oracle Road, North of Rancho Vistoso Blvd. BACKGROUND: On October 1, 1997, the Town Council approved a development plan for an office park north of the Abco Center on Oracle Road. The first phase of the office park is the Rancho Vistoso Ambulatory Center. The 17.35 acre CPI site in Rancho Vistoso Neighborhood 2 included a total of six phases. The Oro Valley Zoning Code Revised (OVZCR) requires that improvements be started within two years of the date of approval of a development plan, unless a request to extend the time beyond the two years is submitted in writing to the Town Council. SUMMARY: The Boyer Company, representing the property owners, has requested that the Town extend the development plan approval for at least ninety days. A time extension is needed because of delays due to restructuring in Columbia HCA, the company that owned Northwest Medical Center. Columbia HCA created several independent spin-off companies, including Triad Hospitals, which assumed ownership of Northwest Medical Center. The new company needed time to get organized, set priorities, appoint key leadership and initiate activities across the new hospital system, including the Rancho Vistoso Ambulatory Center. Improvement plans were submitted for review in 1998 and were not resubmitted due to the restructuring. The Boyer Company expects to be ready to resubmit the improvement and building plans in October 1999. GENERAL PLAN COMPLIANCE: The approved medical facility complies with Policy 3.1D: A diverse economic base is desired to reduce Oro Valley's dependence on revenues from growth; hospital and health service campus locations shall be promoted. RECOMMENDATION: Staff recommends approval of a six month time extension to April 1, 2000, for the Rancho Vistoso Office Park Development Plan, to ensure that all remaining submittals and reviews are completed prior to the deadline date. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve OV12-97-15 Extension of Time Limit for Rancho Vistoso Office Park Development Plan to April 1, 2000. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 OR I move to approve OV 12-97-15 Extension of Time Limit for Rancho Vistoso Office Park Development Plan to April 1, 2000, with the following added conditions: • OR I move to deny OV 12-97-15 Extension of Time Limit for Rancho Vistoso Office Park Development Plan, finding that: ATTACHMENT: 1. Request for Time Extension it)L. Planni ,d Zoning Administrator 4;10/1.,k Community Development Director 41111, 4 Town Manager F:\ovNov12\1997\12-97-15\exttimetc.rpt.doc JL9 . ttwo,: 'The ,;4/6 Boyer Company September 1, 1999 Vallerie Feurer, Senior Planner The Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 . FAX: (520) 742-1022 Re: Rancho Vistoso Ambulatory Clinic Landscape Plan and Native Plant and Salvage Plan Dear Vallerie: The purpose of this letter is to request an extension to the time limit for implementing the Rancho Vistoso Ambulatory Clinic development plan and the attendant Landscape and Native Plant and Salvage Plan. Both plans were approved initially by the Oro Valley Town Council in October of 1997. I am requesting a 90 day extension to submit a revised development plan and new architectural plans for review and approval. A request to revise and expand architectural plans was approved by the Town Council on April 13, 1999. I am assuming that if this request is granted, the new deadline would occur in late January 2000 with the specific date set by the Town Council. The implementation of the development plan has been delayed because of restructuring in Columbia HCA, the company that owned Northwest Medical Center. The Northwest Medical Center will be the principal tenant in the new clinic. Columbia HCA created several independent spin-off companies, one of which is Triad Hospitals, Inc. which has assumed ownership of Northwest Medical Center. The new company owns a number of hospitals and related medical facilities in several Western states. 6060 N. Fountain Plaza Dr.. 4120 ACCREDITEDf, Tucson. AZ 85704 MANAGEMENT R gin; ORGANIZATION® .*!v (520) 469-8460 As might be expected, the new company needed time to get organized, set priorities, appoint key leadership, and initiate activities across the new hospital system. One of those important initiatives is the development and operation of the Rancho Vistoso Ambulatory Clinic. At the present time l have authorized our team of architects, engineers, and.contractors to revise and complete all plans that need to be submitted to the Town of Oro Valley. Such plans should be ready by mid-October. I am assuming that the staff review process will take an additional 4-6 weeks. Hopefully, we will be able to secure a building permit by late November of this year. This schedule exceeds the time limits imposed on the original development plan but would fit easily within the time extension as requested. If you require additional information concerning this request, I will be pleased to respond accordingly. Sin -rely, ,// 0 I/ / y Richard E. Kendell The Boyer Company C: Jeff Comer, CEO - Northwest Medical Center Raul Reyes, ARCOS Garry Bray, Delbert Dittmer, BFL REKIcg • Z TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: SEPTEMBER 22, 1999 TO: HONORABLE MAYOR & COUNCIL FROM: Shirley Gay, Assurance Clerk SUBJECT: SUBSTITUTE ASSURANCE AGREEMENT BETWEEN TJ BEDNAR AND FIDELITY NATIONAL TITLE AS TRUSTEE OF OV12-97-17A COPPER RIDGE I LOTS 1-82 SUMMARY: Fidelity National Title has taken over as the trustee for Copper Ridge I, Lots 1-82 from Lawyers Title. Therefore, they request approval of a Substitute Assurance Agreement. RECOMMENDATIONS: Staff has no objections to this request. SUGGESTED MOTION: The Town Council may wish to consider the following motion: I move to approve OV12-97-17A Copper Ridge I lots 1-82 Substitute Assurance Agreement. ATTACHMENTS: Substitute Assurance Agreement aAS (eXLIAa Pla ing and Zoning Admi istr or ‘4IL- Community Develop y nt Director 41W#' Town Manager F:\INDI V ID\SAG\TCCREL.DOC • TOWN OF ORO VALLEY SUBSTITUTE ASSURANCE AGREEMENT FOR COMPLETION OF SUBDIVISION IMPROVEMENTS BY THIS AGREEMENT made and entered into the day of 19 betweenTJ BEDNAR AND an ar iz_ona corporationin, as Beneficiary under Trust No. 30,015 (referred to in this Agreement as "Subdivider"); FIDELITY NAITONAi TITLE AGENCY, INC. , an Arizona corporation corporation, as Trustee under Trust No. -10 n1 (referred to in this Agreement as "Trustee"); and the TOWN OF ORO VALLEY, a municipal corporation, (refereed to in this Agreement as "Town"), hereby confirm and agree as follows: 1.01 Trustee, pursuant to the land trust agreement described in. Exhibit "B" is the owner of a certainP arcel of land described in Exhibit "A", which is located in the Town of Oro Valley, Pima County, Arizona. 1.02 TheP arties to this Agreement wish to establish specific terms, conditions andguidelines for compliance with the provisions of ARS Section 9-463.01(C)(8) and Chapter 4, Article 4-9 of the Oro Valley Zoning Code Revised. • II AGREEMENT . 1.03. In consideration of the Town approving a final plat for the property described in Exhibitcommonly "A", referred to as Subdivision Name coppFR RT 1 , Lots 1 through and Common Areas A -R , Oro Valley Case No.1,2-97-17Athe ,.$�., Trustee and Subdivider specifically agree to all those conditions and requirements set forth herein. 2.01. PropertyDescription: The property which is the subject matter of the property that is all described in Exhibit "A", which is annexed to and made a part of this Agreement. 2.02. Assurances. Pursuant to the requirements of ARS Section 9-463.01(C)(8), this Agreement is submitted as an assurance for the completion of subdivision improvements . including streets, sewer, water, telephone gas and electric utilities, drainage and flood m control improvements and monuments and property corners as more fully described in p Exhibit "C" attached hereto and as required pursuant to applicable Federal, State, County and Town ordinances and regulations. These subdivision improvements are required by the Town of Oro Valley, the improvement standards of the Director of Water, Pima County Wastewater Management Department, the gas and electric utilities and State Statutes and regulations, which requirements are in effect on the date of execution of this Agreement. 2.03. Limitation on Tcapsfer of Title. The Trustee shall not convey title to any of the property described in Exhibit "A" without obtaining prior written approval from the Town in the form of a Release of Assurance signed by the Town Engineer. The Trustee may act in full faith and reliance upon the Release of Assurance. A Release of Assurance shall only be provided the Trustee by the Town upon satisfactory completion and formal acceptance by the Town of the required improvements. The Trustee's only duty under this Agreement is not to convey without first obtaining a Release of Assurances. 2.04. Contracts for Sale. The limitation on the conveyance of title contained in paragraph 2.03 notwithstanding, the Trustee may enter into contracts for sale of the property described in Exhibit "A", provided such contracts clearly state that the conveyance of title to the property is subject to the limitations contained in this Agreement. The Trustee shall, prior to entering into such contracts for sale, provide the Town with a copy of the form of contract containing the disclosure of limitation on the power to convey. 2.05. Buie Sales.. The limitation on the conveyanc,, of title contained in paragraph 2.03 notwithstanding, the Trustee may sell and convey all of the property described in Exhibit "A" in one transaction to a single purchaser, provided that the purchaser shall, prior to conveyance, have submitted to the Town satisfactory assurances for the completion of the required improvements. 2.06. Conveyance Out 9f Trust for the Purpose of Encumbrance. The limitation on the conveyance of title contained in paragraph 2.03 notwithstanding, the Trustee may convey all or part of the property described in Exhibit "A" to the Subdivider or Beneficiary of the Trust solely for the purpose of encumbering the property by the ' recording of mortgages or deeds of trust, provided the property is thereafter immediately reconveyed into the Trust. 2.07. Completion of Improvements. The required improvements shall be completed within two (2) years of the date that the Town Council approved the final plat. This period for completion of improvements may be extended subject to Town Council approval and applicable Town ordinances where Subdivider is prevented from completing the improvements by act of God, strike or similar event or circumstances beyond its control or when such extension is determined to be reasonable and prudent by the Town Council. Any such extension granted shall not exceed one (1) year. 2 2.08. Substitution of Auurances. At any time during the period described above in paragraph 2.07 for the completion of improvements (or, if such time for completion of the required improvements has been extended by subsequent agreement of the parties, at any time on or before such extended date for the completion of improvements), Subdivider or Trustee may offer substitute assurances. Such assurances shall be in a form and amount acceptable to the Town and shall be subject to review and approval by the Oro Valley Town Council. 2.09, Inspection and Acceptance of Improvements. The Town may provide for the inspection of the required improvements to insure satisfactory completion. The Town will not accept dedication of the required improvements, nor release, in whole or in part, any property subject to the Agreement until the improvements have been satisfactorily completed and accepted by the Town Engineer. 2.10. Partial Release of Assurances. The Town may provide the Trustee with a Release of Assurance for a portion of the lots created by the subdivision plat attached as Exhibit "A'', provided that all of the improvements required in connection with such lots have been satisfactorily completed and accepted by the Town and provided further that such improvements can be used and maintained separately of the improvements required for the entire subdivision plat. For example, temporary cul-de-sacs should be provided for incomplete streets; water, sewer, gas, telephone and electric facilities should be capable of independent operation; and adequate access for public safety vehicles should be provided. 2.11. Failure to, Complete Improvements. In the event that Subdivider fails to complete the required improvements within the period provided in paragraph 2.07 above, the parties agree that the Town may initiate a process to re-plat that portion or portions of the property described in Exhibit "A" for which the improvements have not been satisfactorily completed. The purpose of such plat initiated by the Town will be to return the property to approximately the same boundary configurations of record existing before recording of the subdivision plat described in Exhibit "A". Prior to initiating any action to re-plat the portion of property for which improvements have not been completed, the Town shall provide the Trustee and Subdivider with thirty (30) days written notice of the Town's intent to re-plat. The notification shall be sent by first class mail, shall be deemed received upon mailing and shall be sent to the following addresses: 7764 E. Broadway, B222 4846 N. Davis Tucson, Az 85710 Tucson, Az 85705 Trustee . Subdivider 3 The Trustee and Subdivider, as record owner and subdivider, respectively, agree that they will execute such plat returning relevant portions of the property to approximately the same boundary configuration of record existing before recording of theF lat described in Exhibit "A". The parties hereto have executed this Agreement this day of 19 . TOWN OF ORO VALLEY a municipal corporation MAYOR COUNTERSIGNED: As Town Clerk and not personally APPROVED AS TO FORM this day of , 19_. DAN DUDLEY , Town Attorney DEVELOPER/SUBDIVIDER: TJ BEDNAR AND COQ.ian Arizonas corporation AS: I. STATE OF ARIZONA) ss COUNTY OF PIMA ) This instrument was acknowledged before me this 7t-h dayof September 19 99 , by Ted J. Bednar, as President of TJ BEDNAR AND CO. . ''''OFFICIAL SEAL A CIAL L MAR11-IA L ';: NOTARY PUBLIC-ARIZONAPIMA COUNTY i NOTARY PUBLIC Comm,.EXAM& 27,2001 ' My commission expires 4 TRUSTEE: FIDELITY NATIONAL TITLE AGENCY, INC. , AN ARI ZONA CORPORATION, AS TRUSTLE UNDER TRUST30,C)15 ONLY AND NOT IN ITS CORPORATE ' CITY / BY: AS: Sr. Trust Officer STATE OF ARIZONA ) SS. COUNTY OF PIMA ) On this the 8th day of September , 19 99 , before me, the undersigned officer, personally appeared Kevin French , who acknowledged him/herself to he the Sr. Trust Officer o= FIDELITY NATIONAL TITLE AGENCY, INC. , an Arizona corporation, and that she/he as such officer being authorized so to do, executed thE: foregoing instrument for the purposes therein contained by signing the name of the corporation by him/herself as such officer. • IN WI S WHEREOF, I have hereunto set my hand and official seal. Zlet42/ My Commission Expires: Notary Pub l is S . .� , • `. L Hill t OTARY PUBLIC ARIZONA PIMA COUNTY ^•'' - • -.AL.27,2001 EXHIBIT "A" Lots 1 thru 10 inclusive and 69 thru 82 inclusive of COPPER RIDGE I I, according to Book 52 of Maps and Plats, page 18 , records of Pima County, Arizona . EXHIBIT "B" DECLARATION OF TRUST AND AFFIDAVIT FIDELITY NATIONAL TITLE AGENCY, INC. , an Arizona corporation, was employed to act in a trustee capacity under its Trust No . 30, 015 and hereby declares that it has acquired title to various parcels of property in the name of Trust No . 30, 015 . The Beneficiary (Beneficiaries) of said Trust No . 30, 015 is (are) : NAME ADDRESS TJ BEDNAR AND CO . , 4846 N. DAVIS AN ARIZONA CORPORATION TUCSON, ARIZONA 85705 LOTS 1 THRU 10 INCLUSIVE AND 69 THRU 82 INCLUSIVE OF COPPER RIDGE I I , ACCORDING TO BOOK 52 OF MAPS AND PLATS, PAGE 18 , RECORDS OF PIMA COUNTY, ARIZONA. Dated this 1ST day of FIDELITY NATIONAL TITLE AGENCY, INC. , SEPTEMBER, 1999 . an Arizona corporation, as Trustee under Tcust 30, 015 , and not in its corporate capacity BY: ,, '' Martha L. Hill, Trust Officer STATE OF ARIZONA) ) ss . COUNTY OF PIMA ) Subscribed and sworn to before me this 1ST day of SEPTEMBER, 1999, by Martha L. Hill, who acknowledged herself to be the Trust Officer of Fidelity National Title Agency, Inc . , and that she as such officer, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signin• 9 — .ame of the corporation as Trustee by herself as such offic= . M ;10- '� 4! NONA Notayublic ,� k,C^7*n EApires May 23,2003 EXHIBIT "C" • Subdivision Name COPPER RIDGE II OV Case No. : OV 12-97-17B Trust No. : 30,015 The following improvements and conditions are made a part of the attached Assurance Agreement: 1. Paving of Streets included in the WLB GROUP JOB NO. 195004-A-001-0106. . A public water system satisfactory to the Town of Oro Valley Water Company. 3. A sanitary sewer system satisfactory to Pima County Wastewater Management. 4. A telephone distribution system satisfactory to US West Communications.. 5. An electric distribution system satisfactory to Tucson Electric Power Company. 6. Fire Hydrants and other fire appurtenances satisfactory to the RURAL METRO Fire Department. 7. A natural gas distribution system satisfactory to Southwest Gas Corporation (if gas is being utilized in the subdivision) 8. Utility trenches and civil appurtenances satisfactory to the using utilities. • • 9. Perimeter landscaping in accordance with approved • landscaping plans. 10. Installation of all street signs and street striping. • 11. The Professional Engineer of Record shall certify, in writing that all irrprovements, whether private or public, have been constructed, placed, installed, etc. in substantial conformance with the accepted plans for this development. Certifications, in writing, are to be received the Town Engineer of the Town of Oro Valley prior to any request for building permits and/or final inspection for release of , assurances. • . • • • stir �..�,•J. •t! 12. The Soils Engineer of record or other Registered Professional Civil Engineer with expertise in the areas of soils engineering shall certify, in writing, that all materials utilized on this development are in conformance with the accepted plans for this development. Certifications, in writing, are to be received by the Town Engineer of the Town of Oro Valley prior to the request for final inspection and the release of assurances. 13. The Soils Engineer of Record or other Registered Professional Civil Engineer with expertise in the area of Soils Engineering shall certify, in writing, that all soils operations for this development were performed in accordance with the recommendations as set forth in the Soils Report and any amendments thereto, by Western Tech , Job No. 2 92 5JM12 7 dated March 28th , 199 5. Certification in writing, is to be received by the Town Engineer of the Town of Oro Valley prior to the request for any building permits and/or final inspection and the release of assurances. 0 • • • • • • TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: SEPTEMBER 22, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: Shirley Gay, Assurance Clerk SUBJECT: SUBSTITUTE ASSURANCE AGREEMENT BETWEEN INSIGHT INVESTMENTS COMPANY AND FIRST AMERICAN TITLE INSURANCE COMPANY TRUSTEE OF OV12-97-17B COPPER RIDGE II LOTS 13-15, 17-36, AND 38-46 SUMMARY: First American Title has taken over as the trustee for Copper Ridge II, Lots 13-15, 17-36, and 38-46 from Lawyers Title. Therefore, they request approval of a Substitute Assurance Agreement. RECOMMENDATIONS: Staff has no objections to this request. SUGGESTED MOTION: The Town Council may wish to consider the following motion: move to approve OV 12-97-17B Copper Ridge II lots 13-15, 17-36, and 38-46 Substitute Assurance Agreement. ATTACHMENTS: Substitute Assurance Agreement OM A).2-11-.6 PlanninTr' oning Administrator Co unity Developm-nt Director Town Manage F:\INDIVID\SAG\TCCREL.DOC SUBSTITUTE ASSURANCE AGREEMENT FOR COMPLETION OF SUBDIVISION IMPROVEMENTS BY THIS AGREEMENT made and entered into the day of , 1999 between INSIGHT INVESTMENT COMPANY, an Arizona corporation, (referred to in this Agreement as "Subdivider" ) ;First American Title Insurance Company, a California corporation, as Trustee under Trust No . 4794 (referred to in this Agreement as "Trustee" ) ; and the TOWN OF ORO VALLEY, a municipal corporation, (referred to in this Agreement as "Town" ) , hereby confirm and agree as follows : 1 . 01 Trustee, pursuant to the land trust agreement described in Exhibit "B" is the owner of a certain parcel of land described in Exhibit "A" , which is located in the Town of Oro Valley, Pima County, Arizona. 1 . 02 The parties to this Agreement wish to establish specific terms, conditions and guidelines for compliances with the provisions of ARS Section 9-463 . 01 (C) (8) and Chapter 4 , Article 4-9 of the Oro Valley Zoning Code Revised. II AGREEMENT 1 . 03 . In consideration of the Town approving a final plat for the property described in Exhibit "A" , commonly referred to as Subdivision Name Copper Ridge II , Lots 13-15 , 17-36 , and 38-46 , Oro Valley Case No.Ov12-97-17B , the Trustee and subdivider specifically agree to all those conditions and requirements set forth herein. 2 . 01 . Property Description: The property which is the subject matter of the Agreement is all that property described in Exhibit "A" , which is annexed to and made a part of this Agreement . 2 . 02 . Assurances . Pursuant to the requirements of ARS Section 9-463 . 01 (C) (8) , this Agreement is submitted as an assurance for the completion of subdivision improvements including streets, sewer, water, telephone, gas and electric utilities, drainage and 1 flood control improvements and monuments and property corners as more fully described in Exhibit "C" attached hereto and as required pursuant to applicable Federal, State, County and Town ordinances and regulations . These subdivision improvements are required by the Town of Oro Valley, the improvement standards of the Director of Water, Pima County Wastewater Management Department , the gas and electric utilities and State Statutes and regulations, which requirements are in effect on the date of execution of this Agreement . 2 . 03 . Limitation on Transfer of Title . The Trustee shall not convey title to any of the property described in Exhibit "A" without obtaining prior written approval from the Town in the form of a Release of Assurance signed by the Town Engineer. The Trustee may act in full faith and reliance upon the Release of Assurance . A Release of Assurance shall only be provided the Trustee by the Town upon satisfactory completion and formal acceptance by the Town of the required improvements . The Trustee' s only duty under this agreement is not to convey without first obtaining a Release of Assurances . 2 . 04 . Contracts for Sale . The limitation on the conveyance of title contained in paragraph 2 . 03 notwithstanding, the Trustee may enter into contracts for sale of the property described in Exhibit "A" , provided such contracts clearly state that the conveyance of title to the property is subject to the limitations contained in this Agreement . The Trustee shall, prior to entering into such contracts for sale, provide the Town with a copy of the form of contract containing the disclosure of limitation on the power to convey. 2 . 05 . Bulk Sales . The limitation on the conveyance of title contained in paragraph 2 . 03 notwithstanding, the Trustee may sell and convey all of the property described in Exhibit "A" in one transaction to a single purchaser, provided that the purchaser shall, prior to conveyance, have submitted to the Town satisfactory assurances for the completion of the required improvements . 2 . 06 Conveyance Out of Trust for the Purpose of Encumbrance . The limitation on the conveyance of title contained in paragraph 2 . 03 notwithstanding, the Trustee may convey all or part of the property described in exhibit "A" to the Subdivider or Beneficiary of the Trust solely for the purpose of encumbering the property by the recording of mortgages or deeds of trust, provided the property is thereafter immediately reconveyed into the Trust . 2 2 . 07 . Completion of Improvements . The required improvements shall be completed within two (2) years of the date that the Town Council approved the final plat . This period for completion of improvements may be extended subject to Town council approval and applicable Town ordinances where Subdivider is prevented from completing the improvements by act of God, strike or similar event or circumstances beyond its control or when such extension is determined to be reasonable and prudent by the Town council . Any such extension granted shall not exceed one (1) year. 2 . 08 . Substitution of Assurances . At any time during the period described above in paragraph 2 . 07 for the completion of improvements (or, if such time for completion of the required improvements has been extended by subsequent agreement of the parties, at any time on or before such extended date for the completion of improvements) , Subdivider or Trustee may offer substitute assurances . Such assurances shall be in a form and amount acceptable to the Town and shall be subject to review and approval by the Oro Valley Town Council . 2 . 09 . Inspection and Acceptance of Improvements . The Town may provide for the inspection of the required improvements to insure satisfactory completion. The Town will not accept dedication of the required improvements, nor release, in whole or in part, any property subject to the Agreement until the improvements have been satisfactorily completed and accepted by the Town Engineer. 2 . 10 . Partial Release of Assurances . The Town may provide the Trustee with a Release of Assurance for a portion of the lots created by the subdivision plat attached as Exhibit "A" , provided that all of the improvements required in connection with such lots have been satisfactorily completed and accepted by the Town and provided further that such improvements can be used and maintained separately of the improvements required for the entire subdivision plat . For example, temporary cul-de-sacs should be provided for incomplete streets; water, sewer, gas, telephone and electric facilities should be capable of independent operation; and adequate access for public safety vehicles should be provided. 2 . 11 . Failure to Complete Improvements . In the event that Subdivider fails to complete the required improvements within the period provided in paragraph 2 . 07 above, the parties agree that the Town may initiate a process to re-plat that portion or portions of the property described in Exhibit "A" for which the improvements 3 have not been satisfactorily completed. The purpose of such plat initiated by the Town will be to return the property to approximately the same boundary configurations of record existing before recording of the subdivision plat described in Exhibit "A" . Prior to initiating any action to re-plat the portion of property for which improvements have not been completed, the Town shall provide the Trustee and Subdivider with thirty (30) days written notice of the Town' s intent to re-plat . The notification shall be sent by first class mail, shall be deemed received upon mailing and shall be sent to the following addresses : Trustee : Subdivider: 1880 E River Road #120 3561 E. Sunrise #201 Tucson, Arizona 85718 Tucson, Arizona 85718 The Trustee and Subdivider, as record owner and subdivider, respectively, agree that they will execute such plat returning relevant portions of the property to approximately the same boundary configuration of record existing before recording of the plat described in Exhibit "A" . The parties hereto have executed this Agreement this day of TOWN OF ORO VALLEY a municipal corporation MAYOR COUNTERSIGNED: As Town Clerk and not personally Dan Dudley, Town Attorney INSIGHT E .MENT COMPANY, an w/0;o• porat ' 'n Ii • 1.1r _A' ,4nes I s : Pr-sident 4 STATE OF ARIZONA ss . County of Pima This instrument was acknowledged before me this day of August , 1999 , by Michael H. Jones as President of FIRST AMERICAN TITLE INSURANCE COMPANY and that as such officer, being authorized so to do, signed the name of the corporation as such officer. MyCommission Expires : Notary Public 4FFIClAL SFAL war}i� 4 � FIRST AMERICAN.TITLE INSURANCE MICHELE M . LEbN :r,,n is Corp. w 4 NOTARY PUBLIC- ARIZONA COMPANY, a 4; PIMA COUNTY as Trus . -- -44•0-"�A- my Comm. Expires Ane 80,2000 A _t Vice President STATE OF ARIZONA ) COUNTY OF PIMA ) This instrument was acknowledged before me this !�-4�=t day of August, 1999 , by BRIGITTE ECHAVE as ASST VICE PRESIDENT of FIRST AMERICAN TITLE INSURANCE COMPANY and that as such officer, being authorized so to do, signed the name of the corporation as such officer. ) MY COMMISSION EXPIRES• SEAL �C71C,.,(//V,.0111C)FFILIA �� � ,'` Cindy A. Reiche �- w- 1 NOTARY P LIC Notary}public-Arizona Pima County �- ,� 12,J27C2 • My Commission Lxism 5 EXHIBIT "A" Lots 13-15, 17-36 and 38-46 of COPPER RIDGE II , according to the plat of record in the office of the County Recorder of Pima County, Arizona, recorded in Book 52 of Maps, page 18 . 6 EXHIBIT "B" DECLARATION OF TRUST AND AFFIDAVIT FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, was employed to act in a Trustee capacity under its Trust No . 4794 and hereby declares that it has acquired title to various parcels of property in the name of Trust No. 4794 The beneficiary (beneficiaries) of said Trust No. 4794 is (are) : NAME ADDRESS INSIGHT INVESTMENT COMPANY 3561 E . Sunrise Drive #201 Tucson, Arizona 85718 Lots 13-15, 17-36 and 38-46 of COPPER RIDGE II , according to the plat of record in the office of the County Recorder of Pima County, Arizona, recorded in Book 52 of Maps, page 18 . DATED this A c dayAugust o f , 1999 . FIRST AMERICA ►.`` INSURANCE COMPANY, a Califor .. ,•o o "ion By: Bri tte ' chave, Asst Vice President STATE OF ARIZONA) - ) ss : COUNTY OF PIMA ) , � Subscribed and sworn to me this ,_ ` day of August, 1999 , by Brigitte Echave, Assistant Vice President of FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation and that she as such officer, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the Corporation as Assistant Vice Pr s dent by herself', as such officer. "OFFICIAL SEAL' ) Cindy A. Reiche NOTARY PUBLIC ' Public-Arizona Notary MY COMMI SS I G . ' ''ES : Pima County r ��►' ,.=�r - My Commission!Expires 12/ 7,`432 '$ 7 EXHIBIT "C" Subdivision Name : Copper Ridge II OV Case No. : OV 12-97-17B Trust No . : 4794 The following improvements and conditions are made a part of the attached Substitute Assurance Agreement : 1 . Grading, paving and drainage improvements included in the approved improvement plans for this project, THE WLB GROUP Job No. 195004-A-001-0106 . 2 . A public water system satisfactory to the Town of Oro Valley Water Company. 3 . A sanitary sewer system satisfactory to Pima County Wastewater Management . 4 . A telephone distribution system satisfactory to US West Communications . 5 . An electric distribution system satisfactory to Tucson Electric Power Company. 6 . Fire Hydrants and other fire appurtenances satisfactory to the Rural Metro Fire Department . 7 . A natural gas distribution system satisfactory to Southwest Gas Corporation (if gas is being utilized in the subdivision) . 8 . Utility trenches and civil appurtenances satisfactory to the using utilities . 9 . Installation of all street signs and street striping. 10 . The Professional Engineer of Record shall certify, in writing, that all improvements, whether private or public, have been constructed, placed, installed, etc . in substantial conformance with the approved plans for this development . Certifications, in writing, are to be received by the Town Engineer of the Town of Oro Valley prior to any request for building permits and/or final inspection and the release of assurances . 8 Exhibit "C" - Page 2 11 . The Soils Engineer of record or other Registered Professional Civil Engineer with expertise in the areas of soils engineering shall certify, in writing, that all materials utilized on this development are in conformance with the accepted plans and specifications . Certifications, in writing, are to be received by the Town of Oro Valley prior to the request for building permits and/or final inspection and release of assurances . 12 . The Soils Engineer of record or other Registered Professional Civil Engineer with expertise in the area of Soils Engineering shall certify, in writing, that all soils operations for this development were performed in accordance with the recommendations as set forth in the Soils Report and any amendments thereto, by Western Technologies, Job No. 2925JM127, dated March 28 , 1995 . Certification, in writing, is to be received by the Town Engineer of the Town of Oro Valley prior to the request for any building permits and/or final inspection and the release of assurances . 13 . As-built drawings shall be provided to the Town of Oro Valley Public Works Department prior to full release of assurances . 9 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 22"d, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: David Marsh, Planner I SUBJECT: OV12-99-16 TRENDWEST RESORT (AKA WORLDMARK THE CLUB AT RANCHO VISTOSO) FINAL PLAT FOR A 16.73 ACRE, 111-UNIT TIMESHARE RESORT, RANCHO VISTOSO NEIGHBORHOOD 10 PARCEL H,LOCATED WEST OF RANCHO VISTOSO BOULEVARD AND SOUTH OF VISTOSO HIGHLANDS DRIVE BACKGROUND: Mirage Homes, the developers of the Trendwest Resort, received Town Council approval of a project Development Plan on October 7th, 1998. The 16.73 acre property is located on the west side of Hidden Springs , south of Pebble Creek Drive, and is designated "Medium High Density Residential (MHDR)" under the Rancho Vistoso PAD. The property is abutted on the north by Pebble Creek Drive and the Vistoso Resort Casitas, and to the east by Hidden Springs Drive. A riparian wash area and the Club at Rancho Vistoso Golf Course are to the west of the site, and Desert Fairways Drive is located to the south. Mirage Homes is currently constructing a 111 unit timeshare resort under the approved development plan on-site, clustered in twenty buildings dispersed through the 12.04 acres of the site to be developed, with vehicular access off of Hidden Springs Drive. SUMMARY: Environmental Engineering Consultants, representing the Trendwest Resorts Company, requests Town Council review of a project Final Plat. The Trendwest Resorts Company has requested that a final plat be prepared for this property to `condominiumise' the project per corporate policy. No changes in the use of the site is proposed by the Trendwest Resorts Company, and their rationale for their request is outlined in the attached letter. All planning & zoning and engineering issues for this site have been resolved during review of the previously approved development plan, and no changes are proposed by the final plat. The final plat meets the medium high density residential zoning standards of the Rancho Vistoso PAD and the requirements of the Oro Valley Zoning Code Revised. The resort falls within the MHDR use designated for the site in the PAD, which was amended by Town Council on August 19th, 1998 for this project. All setback and landscaping requirements outlined in the PAD are met, with the project providing 4.77 acres of natural open space preserved in the wash to the west of the site, and 7.73 acres of recreational facilities. GENERAL PLAN COMPLIANCE The Trendwest Final Plat is in compliance with the Town of Oro Valley General Plan, as the resort use currently under development is consistent with the Resort designation for the site. .ECOMMENDATION: Staff recommends approval of the Final Plat. TOWN OF ORO VALLEY 7OUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTIONS: The Council may wish to consider one of the following motions: I move to approve OV 12-99-16, Trendwest Resort Final Plat, Rancho Vistoso Neighborhood 10, Parcel H. OR I move to approve OV 12-99-16, Trendwest Resort Final Plat, Rancho Vistoso Neighborhood 10, Parcel H, effective on the date of satisfaction of the following conditions: OR I move to deny OV 12-99-16, Trendwest Resort Final Plat, Rancho Vistoso Neighborhood 10, Parcel H, finding that: ATTACHMENTS: 1. Letter from Trendwest Resorts, Inc. 2. Reduced Copy of Final Plat CJV_PZD\PZ1\OOV 12\1999\OV 12-99-16\FPTC.RPT.doc I PlanniM _• oni a g A oministrator / 1 . i. Coit,ty Deve. • • ent Director a . • ''I Town Manager • yp.r.:7 RESORTS , INC. August 18, 1999 Ms. Valerie Feuer City of Oro Valley 11000 North La Canada Oro Valley, AZ 85737 YV orldiVlarK, At Vistoso • Dear Valerie: This letter is in response to our telephone conversation yesterday regarding our application to condominiumize the units at our Vistoso project. This application has been made to follow our corporate directive to condo all of our new units in the system. The reason behind this is that the sales department, during its selling period, uses a few units as models. We do not want to deed those units into WorldMark, The Club until they will have full usage of the units. The only way to hold those model units out is to create a legally description for those units which is recordable with the county. Neither Trendwest Resorts nor WorldMark, The Club has any intention of selling whole units to any third parties. The Club will be operated as we described it during the hearings before the Oro Valley Planning and Zoning Commission and the Town Council. If you have further questions or need further clarification, please contact me. Best regards, Robert A. Klein Vice-President Acquisitions 9805 Willows Road. Redmond.Washington 98052 Phone 425.498.2500 Fax 425.498.3051 U' w c., N K 1j. 4 N N 'D O1 V o, �. (w !� " C) tp 00 V O, U h W N � L �, �x 2 1,P 2 2 2 2 ! > z H m m >2 i � > �j00 ;44- "' p 4N-s <z _ � �� IX, > > -� 8ao7•2x )� /� k2�� �C �tOO�(Da{ >O�� -1� �"�..�. �y � � r�+t� �> �2 f�O ^��O � on � r�• �� .< ►y-� R='O�p� ~C� ��Syx O,y��r{�A� s �� r fii A >S4� Q �x `-' �� r�i�9n �2���� xh Aii� �"' ��r�fp� c) R � � err �.' Ly i 5 '4 ,',q;_ yZ ,q H � h >l U!r�• ,ti, , i . 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VwN+.0aWtttegktgiNtopqqOE�Ot4' 8 V4m++ii3psg ) D F 1 N � .�aa a to � S� �w AAv I Ellli +A ici SISI IEi1§IEIx x elt,11l I§gIiialp $( I N-l4 g ;5 5:a§ iliNg 0g*i 1 ��.. W 4 4 G AW. 4 4 G 4 GI 4 t- i ., T. No i 0;.� Bclo ~ 1�� wmmlloommiplimomowilvmollmoomg QQ �p�o ��Qm .��}ffi�� j��!�� `°�m�''3�3J >s6 O;o n - �w Y8 •r?+� o,l,ux�. mor+,`+�co r , 4._.�, .r + . w�. �. � V VIiigi ig i' goy � Cl Z. G giuaRm loo S cn ' pyO i m n 150 @E iu11041101iiiM ��railigWEMu±uwwuw 'Si?' il I /0 groNic) 1W-iillm1111!IMailgiiliggrmilgiillglImiliiimg1 7 x HV O ° N 2 IP F-13 g mm �ymy�� N� ���y�al�m� . �i'���8x c� � R1 x m m O RESORTS, INC. September 21,1999 ,--r�;, ^ 1999. % David Marsh Planner I Town of Oro Valley Planning and Zoning Department 11,000 N.Canada Drive Oro Valley,AZ 85737 Subject: 0V12..99-16 Trendwest Resorts,WorldMark,The Club at Rancho Vistaso Dear Mr.Marsh: We would like to explain the rationale behind our requesting approval for the condominium map representing our resort project in Oro Valley. Trendwest Resorts,Inc.purchases and develops resort properties and transfers them debt free to WorldMark,,The Club as a part of our Vacation Owner Program. In some of our larger resorts,Trendwest Resorts,Inc.has elected to retain some of the units to facilitate their sales program at the site. It is the intention of Trendwest Resorts, Irtc.to retain ownership of seven units located in Building 17;the remaining 104 units will be transferred as they are completed to WorldMaik,The Club. Trendwest Resorts,Inc.will also retain ownership of the sales office on site. It is in the best interest of Trendwest Resorts, Inc. for the ownership to be a part of an association who will adequately provide services for management. It is not the intention of Trendwest Resorts Inc.to market the units to outside purchasers. When Robert Klein negotiated the In-Lieu Bed Tax Agreement in September 1998, ow WorldMark,The Club President, signed the agreement. WorldMark, The Club in their Vacation Owner Program, and Trendwest Resorts,Inc.in their sales program,will still use the units. Since a representative from Trendwest Resorts,Inc.will not be able to attend the meeting on September 22n°,it is our hope that you can present this letter to the Town Council and that it will clarify our position concerning our new resort in your beautiful town. Sincerely, Jo Pigg Property Registration Representative JP/JP cc: Chnisinda Ballew,EEC 9805 Willows Road.Redmond.Washington 98052 Phone 425.498.2500 Fax 425.498.3051 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 22, 1999 TO: HONORABLE MAYOR&COUNCIL FROM: David G. Hook,P.E.,Water Utility Director SUBJECT: Canada del Oro Recharge Feasibility Project SUMMARY: The Mayor & Town Council as well as the Water Utility Commission have been previously informed on this subject matter. Please see attached documents: Attachment#1 Communication to Water Utility Commission, dated January 4, 1999,referencing an intergovernmental agreement with the Arizona Department of Water Resources and the Metropolitan Domestic Water Improvement District for the completion of investigative recharge feasibility studies along the CDO Wash and Attachment #2 Communication to Mayor and Council dated January 6, 1999 asking for approval of the subject � intergovernmental agreement with the Arizona Department of Water Resources. Attachment #3 Commission g Communication dated June 21, 1999,on status report for the Canada del Oro Recharge Feasibility Project. Phase I of this feasibility study is basically complete. It consisted in studying the recharge characteristics of the surface soils in and around the recharge study area. The contractor is now ready to proceed with Phase II, which consists of drilling approximately8 holes at various locations along the CDO and Big Wash areas. Two of these targeted locations fall within land owned by Rancho Vistoso Partners. Staff has reached agreement with the Rancho Vistoso Partners allowing the drilling contractor to enter upon these two sites, drill the wells, perform the studies, clean up, and allow follow-up access to the holes for aperiod of 3 years from the date of the agreement. The agreement consists of a License for Encroachment that Rancho Vistoso has already signed. It now requires the signature of the Town of Oro Valley to finalize the agreement. This license has been reviewed by the Town Attorney and found to be acceptable by his office. The license basically holds the Licensor, Rancho Vistoso Partners, harmless from any suits, actions, etc. brought about from any act committed by the Licensee,Town of Oro Valley,in carrying out the terms of this license. ATTACHMENTS: 1. Communication to Water Utility Commission dated January 4, 1999 2. Communication to Mayor and Council dated January 6, 1999 3. Communication to Water Utility Commission dated June 21, 1999 4. License for Encroachment FISCAL IMPACT: There is no fiscal impact associated with this license agreement. RECOMMENDATIONS: Staff respectfully recommends that the Mayor and Council approve the acceptance of the license agreement attached herein and already signed by Rancho Vistoso Partners. SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to accept the License for Encroachment with Rancho Vistoso Partners and authorized the Mayor of the Town of Oro Valley to sign this license. Or I move to deny C> L r1 ate► ity D irec •r own Manager ATTACHMENT #1 1 TOWN OF ORO VALLEY WATER UTILITY COMMISSION COMMUNICATION MEETING DATE: January 4,1999 TO: WATER UTILITY COMMISSION MEMBERS FROM: David G. Hook, P.E. Water Utility Director SUBJECT: RESOLUTION NO. (R) 99- , A RESOLUTION OF THE OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF WATER RESOURCES AND THE METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT FOR THE COMPLETION OF INVESTIGATIVE WORK ON THE VADOSE ZONE OF THE CDO WASH AND THE BIG WASH FOR ALTERNATIVE WATER SUPPLIES. SUMMARY: The staff of the OVWU has, in cooperation with staff of the Metropolitan Domestic Water Improvement District (MDWID), successfully acquired grant funding for additional exploration of the CDO Wash and the Big Wash. Staff sought the funding for the exploration for several reasons. In our ongoing effort to pursue various possible uses for renewable water supplies, artificial and natural recharge within the Big Wash and the CDO Wash have been identified as having great potential. However, because of the significant cost of constructing the infrastructure to accomplish artificial recharge, it is essential to have a high degree of comfort in the successful performance of the recharge facility. Normally, pilot projects are implemented to forecast the success of the full scale project. Unfortunately, there is not an adequate supply of water to perform a suitable pilot project. Since a ilot project is not feasible, the staff of the OVWU and MDWID sought the assistance of p the ADWR staff in identifying an alternative approach. In partnership with ADWR, a Request for Pro osals (RFP) was issued. Several firms responded to the RFP and underwent an interview p process with staff from ADWR, MDWID and OVWU. Ultimately, the Director of the ADWR concurred with the recommendation of the Groundwater Users Advisory Committee (GUAC) that the firm of GSA, Inc. be selected as the consultant for the exploration. GSA, Inc. was selected because the approach that they proposed had the most merit for providing the necessary OVWU for decision making by and MDWID. Additionally, their proposed approach also held high potential for applicability to other investigations in other areas of the TAMA. The investigation will focus on the vadose zone and its impact on the percolation of recharge water from the wash surface to the aquifer. The vadose zone is a horizontal area in the geologic profile of subsurface soil deposits where the performance under recharge is not well understood. This investigation will utilize existing hydrogeological principals as well as develop data, procedures and computer modeling that will research the applicability of new hydrogeological theories. TOWN OF ORO VALLEY WATER UTILITY COMMISSION COMMUNICATION PAGE 2 OF 2 ' ' and MDWID has a greater ability to provide in-kind Because OVWU staff availability is limited services to this project via their in-house staff, OVWU staff is proposing that the out of picket contribution by the OVWU exceed that of the MDWID. Thisagenda for the 1-6-99 meeting of the Mayor and Council. OVWU staff item is already on the will verbally bring forward any comments or recommendations of the Commission to that meeting. FISCAL IMPACT: The overall project cost is estimated to be $270,000. The net cost to the OVWU will be $15,000. This funding is available in the FY 98/99 budget of the Alternative Water Resource Development Impact Fee Fund. STAFF RECOMMENDATIONS: s performingthe exploration and thus respectfully recommends that the Water OVWU staff support p Utility Commission forwardy to the Mayor and Council a favorable recommendation regarding the approval of the IGA with ADWR and MDWID, subject to the following: 1. The final, clean document to be signed by the Mayor is essentially unchanged from the draft document attached. 2. The cost to the ADWR be at least $250,000. 3. The out of pocket cost to the OVWU and the MDWID be in a ratio of 1/3 and 2/3 respectively. 4. The combinedpocket out of cost to the OVWU and the MDWID not exceed $20,000. 5. The cost to the OVWU be limited to $15,000. 6. The MDWID contribute in-kind services in excess of the OVWU. 7. Any future modifications to the IGA be reviewed and approved by Mayor and Council. ATTACHMENTS: A. RESOLUTION NO. (R) 99- B. Draft IGA between the ADWR, the MDWID and the OVWU. SUGGESTED MOTION: The Commission may wish to consider one of the following motions: I Mayor and Council the approval of the between the ADWR, the move to recommend to the MDWI D and the OVWU, subject to staff recommendations #1 through #7 identified above. Or I move to recommend to the Mayor and Council the denial of the IGA. ater Utility Director i ATTACHMENT #2 /1 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: Jaiivary 6, 1999 TO: HONORABLE MAYOR & COUNCIL FROM: David G. Hook, P.E. Water Utility Director RESOLUTION NO. (R) 99- , A RESOLUTION Ole TILE Ol+SU13 LCI. THE TOWN OF ORO VALLEY, I'I[1'MA COUNTY,Y, ARIZONA APPROVING AN INTERGOVERNMENTAL AGREEMENT WITll THE ARIZONA DEPARTMENT OI+ WA'T'ER RESOURCES AND THE METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT FOR THE COMPLETION OF INVESTIGATIVE WORK ON THE VADOSE ZONE OF THE CDO WASH AND '111E BIG WASH FOR ALTERNATIVE WATER SUPPLIES. SUMMARY: The staff of the OVWU has, in cooperation with staff of the Metropolitan Domestic Water (MDWID), successrovement DistrImpictfully acquired grant funding for additional exploration . of the CDO Wash and the BigWash. Staff sought the funding for the exploration for several . reasons. In our ongoing effort to pursue various possible uses for renewable water supplies, g g artificial and natural recharge within the Big Wash and the CDO Wash have been identified as having great potential. However, because of the significant cost of constructing the • infrastructure to accomplish artificial recharge, it is essential to have a high! degree of comfort in i p g . successfulperformance of the recharge facility. Normally, pilot projects are implemented to the the success of the full scale project. Unfortunately, there is not an adequate supply of forecast water to perform a suitable pilot project. not feasible, the staff of the OVWU and MDWID sought the assistance of Since a pilot project is � g the ADWR staff in identifying an alternative approach. In partnership with ADWR, a Request for (RFP)s Proposalwas issued. Several firms responded to the RFP and underwent1 interviewp rocess with staff from ADWR, MDWID and OVWU. Ultimately, the Director of the ADWR concurred with the recommendation of the Groundwater Users Advisory Committee (GUAC) that the firm of GSA, Inc. be selected as the consultant for the exploration. GSA, Inc. was selected because the approach that they proposed had the most merit for providing the necessary information for decision making by OVWU and MDWID. proposed Additionally, their approach! also held high potential for applicability to other investigations in other areas of the TAMA. The investigation will focus on the vadose zone and its impact on the percolation of recharge water from the wash surface to the aquifer. The vadose zone is a horizontal area in the geologic profile of subsurface soil deposits where the performance under recharge is not well understood. This investigation will utilize existing hydrogeological principals as well as develop data, procedures and computer modeling that will research the applicability of new hydrogeological theories. TOWN Or 'ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 Because OVWU staff availability is limited and MDW1D has a greater ability to provide in-kind services to this project via their in-house staff, OVWU staff is proposing that the out of picket contribution by the OVWU exceed that of the MDWID. FISCAL IMPACT: The overall project cost is estimated to be $270,000. The net cost to the OVWU will be $15,000. This funding is available in the FY 98/99 budget of the Alternative Water Resource Development Lnpact Fee Fund. RECOMMENDATIONS OF THE -WA'I'L'lt UTILITY COMMISSION: The Commission will discuss this item at their 1-4-99 meeting. Staff will verbally bring to the Mayor and Council any comments or recommendations of the Commission. RECOMMENDATIONS OF STAFF: OVWU staff supports performing elle exploration and thus respectfully recommends that the Mayor and Council approve execution of the IGA subject to the following: 1. The final, clean document to be signed by the Mayor is essentially unchanged from the draft document attached. 2. The cost to the ADWR be at least $250,000. 3. The out of pocket cost to the OVWU and elle MDW1D be in a ratio of 1/3 and 2/3 respectively. 4. The combined out of pocket cost to the OVWU and the MDW1D not exceed $20,000. 5. The cost to the OVWU be limited to $15,000. G. The MDWID contribute in-kind services in excess of the OVWU. 7. Any future modifications to the IGA be reviewed and approved by Mayor and Council. A'1"I'ACI-IMEN'I'S: A. RESOLUTION NO. (R) 99- I3. Draft IGA between the ADWR, the MDW1D and the OVWU. SUGGESTED MOTION: The Mayor and Council may wish to consider one of elle following motions: I move to approve RESOLUTION NO. (R) 99- subject to staff recommendations #1 through #7 identified above. or I move to deny RESOLUTION NO. (R) 99- � ater Utility Director Town Manager • t. ATTACHMENT #3 TOWN OF ORO VALLEY COMMISSION COMMUNICATION MEETING DATE: June 21;1999 TO: WATER UTILITY COMMISSION MEMBERS FROM: David G. Hook, P.E., Water Utility Director SUBJECT: Status Report for the Canada del Oro Recharge Feasibility Project SUMMARY: The overall purpose of this project is to perform a hydrogeological recharge feasib'1lity p p investigation along the CDO Wash and the Big Wash. The major goal of the investigation is to analyze the feasibility of a recharge project without the' implementation of a pilot project since water for such a pilot project would require the expenditure of millions of dollars for a supply pipeline. The Mayor and Council authorized participation in the study in January 1999 after receiving a favorable recommendation from the Commission. A copy of the Commission communication of 1-4-99, a copy of the Council communication of 1-6-99 and copy of the original IGA is attached for your reference. 11 Specifically, the project will characterize flow related, hydraulic parameters of the Fort Lowell Formation by the collection and analysis of physical data. It will then relate that characterization to recharge feasibility as it pertains to the upper CDO basin. There are three main phases to the project: • Surface characteristics; • Subsurface characteristics; and • Modeling. Present work is focused on Phase 1. The goals of Phase 1 are: • Map surficial sites (roadcuts and outcrops) of the Fort Lowell Formation to analyze for extent of flow-related, hydraulic parameters; • In-situ and lab testing of soils for flow-related, hydraulic parameters; and • Analyze data using statistical methods. Project field work for Phase 1 began 3-16-99. Field tests for the first phase were completed on 5-3-99. The first draft of the Phase 1 results will be submitted to ADWR on 6-17-99. Excerpts of the draft report will be presented at the June 21' meeting. The following field and analysis work on surficial soils has been performed as a part of Phase 1: • 14 outcrops mapped for extent and apparent variations; • 41 in-situ permeameter and infiltration tests at 14 sites; • 133 sieving analyses of soils; • 49 core samples analyzed for water content and dry bulk density; • 30 core samples tested for saturated conductivity; • 12 core samples analyzed for moisture retention; and • 5 samples analyzed for particle density. TOWN OF ORO VALLEY COMMISSION COMMUNICATION PAGE 2 OF 2 Participation by the Oro Valley Water Utility to date has been related to site access issues for the surface and subsurface sample collection and testing and for report review. Metropolitan Domestic Water Improvement District is preparing site access within their service area. Access for Phase 2 subsurface investigations is currently being sought. Boreholes will be drilled for soil sample collection and piezometer wells will be installed at eight sites. Four of the sites are in the Metropolitan Domestic Water Improvement District and four site are in the service area of the Oro Valley Water Utility. FISCAL IMPACT: There is no fiscal impact associated with this update. RECOMMENDATIONS: There is no recommendation associated with this update. ATTACHMENTS: 1. Commission communication of 1-4-99 2. Council communication of 1-6-99. SUGGESTED MOTION: No action is required of the Commission related to this update. 6- 11'4:— Water Director ATTACHMENT #4 LLEY �R 0 � i 0 ti o -v -\\WIA t AA 4 vND ED-%g LICENSE FOR ENCROACHMENT THIS AGREEMENT is made this ,1 day ofiqu G, 1999, between Vistoso Partners, L.L.C., ("Licensor"), and the Town of Oro Valley, a municipal corporation in the State of Arizona ("Licensee"). The parties agree as follows: 1. Grant of Permission. In consideration of Licensee's agreement to the terms and conditions contained herein, Licensor hereby gives permission, revocable and terminable as provided herein, to Licensee to encroach at two locations of Licensor's property for the operation, maintenance, and monitoring of(2) piezometer wells. The 2 "Encroachments" required as a part of the Canada Del Oro Recharge Feasibility Project are described as follows: Location No. 1 is somewhere in the middle between Rancho Vistoso East and Rancho Vistoso West, and very near the proposed Junior/Senior High School site, and more accurately located within the NE 1/4 of the SE 1/4 of the NW 1/4 Sec 30,T11 S, R14E. and Location No. 2 is in the Big Wash area just north of the east end of Palisades Road and more accurately located within the SE 1/4 of the SW 1/4 of the NW 1/4 Sec 5, T12S, R14E. The Vistoso Partners, L.L.C. properties and the 2 "Encroachments" are depicted on the attached Exhibits "A" & 2. Privilege Assignable. Licensee's privileges hereunder are assignable only upon written approval of Licensor. 1/3 3. Indemnification. To the extent permitted by law, Licensee shall indemnify, defend and hold harmless Licensor, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or damages, liability, interest, attorney's and accountant's fees or costs and expenses of whatsoever kind and nature, which result from any act or omission of the Licensee, its agents, employees or anyone acting under its direction or control, whether intentional or negligent, in connection with or incident to Licensee's use of this License. This indemnification shall survive the termination, cancellation or revocation, whether in whole or in part, of this License Agreement. 4. Insurance. Licensee shall provide a certificate or statement of self-insurance to Licensor upon execution of this License Agreement. 5. Term. This License shall run for a period of three (3) years from the date of execution of this Agreement, unless otherwise renewed by the Licensor in writing. Notwithstanding any other condition herein, this License may be terminated by either party or revoked by Licensor upon ninety-(90) days' written notice to the other. 6. Licensee has no Interest or Estate. Licensee agrees that it has no claim, interest, or estate at any time in the property by virtue of this License or its use hereunder. Upon termination of this License, Licensee shall have no right of entry upon the property. 7. Disposition of Encroachment. A. Removal: Upon receipt of a notice of termination or revocation pursuant to Paragraph 5, or prior to the end of the three-year term of this License, Licensee shall abandon all wells constructed under this License at Licensee's sole expense and in accordance with the rules of abandonment adopted by the Arizona Department of Water Resources, unless otherwise directed by the Licensor according to Section 7(b) below. Licensee shall inform Licensor of the intended abandonment of the wells by providing written notice of such abandonment to Licensor (60) days prior to the abandonment. Licensee shall restore the property to the pre-License condition or as may be mutually agreed upon by the parties. B. Acquisition: Licensor reserves the right to retain the wells and acquire them at no cost to Licensor. In the event Licensor elects to retain the wells, Licensor shall inform Licensee of such intent upon receipt of written notice of Licensee's intent to abandon the wells in accordance with Section 7(a). Licensee agrees to make application for the transfer of ownership of the wells from Licensee to Licensor by filing all necessary documents with the Arizona Department of Water Resources upon receiving notice of Licensor's intent to retain the wells. 8. Water Data Sharing. Upon request from the Licensor, Licensee shall provide Licensor with all well monitoring data collected from the subject wells pursuant to this License. Licensee shall further provide Licensor the opportunity to collect duplicate samples or to observe sample collection and water level measurements upon Licensor's request. 2/3 IN WITNESS WHEREOF, the parties hereto have executed the License the day and year first above written. Attest: LICENSOR: Vistoso Partners, L.L.C. S<-7( Town Clerk Signature of Authorized Individual Date Title Approved as to form: Licensee: TOWN OF ORO VALLEY Town Attorney Signature of Authorized Individual Date Paul H. Loomis Typed Name Mayor, Town of Oro Valley, AZ Typed Title State of Arizona ) ss County of Pima ) This instrument was acknowledged before me this day of , 1999, By as Notary Public My Commission Expires: 3/3 EXHIBIT "A" a a (�. a aaa_aas a�a�� a���n�.a■ Proposed 11.-\ ��a ��� N i -O aj•t1'ayr i•' A•c�i''��•�.. • 1„..,,,„:5. t � f 6.5 1,• -,2AAt ~\.4''�•�Y 4,$•..'1f*1\ 28.5 Ac r' < dt'' - IS fah .„. • -.-.,. \ ,,,,,.. -,AL ';'- :�{��• ..'." 184.4 As. 0 av v orehole ifiv,1 1,i �� •'i' ,;. � •�� „;,:, : ..;,,,,,y I. ■' / J -,1;=,..,,,,.. .• t a T A. \ 7 • i t , ! 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't:'.k�� N ,• ROAD • ■ •�`C•�� • .• 30.5 k �_�%� ';�.,� `, `._ •..+� ♦• ...,...,,77.-4.-',A::•' ',` .'.',4� - r � �•� •. . 1♦ i' --7:7--...,-;„...,1a.�`' Y i--;-.'''',i'-‘i �+. 1` t.. : etf -7 �- ') .i. r 1 ,gyp•`„, i.... ��'a t.«,i•t`' a-j,`••-. • wP" .: 1 • 1 t:s"ic 1''r - --,-.7,;:!-, . 1,' ..., #,,. ... .......11111111811•1181 V1 aaa=a a aaa�a a aas� { a a 1_a V■ �a.r a s ,, ''r,•.i'` / TANGERINE ROAD w + :- .I N Arizona i =1 mile Proposed Northern Borehole Site, Area 1 , A N.T.S. WestLand Resources, Inc. Figure Engineering and Environmental Consultants 1 Vistoso Partners Property 2343 E.Broadway Blvd.,Suits 202 Tucson,Arizona 85719 520 205 9585 Fag 520 206.9518 EXHIBIT "B" .. 1 . • ..,..........--.........-... 4.3.gii‘s.W,:rt. 8,„_iL• 0 ---- .,,W.4,7-','":;:s.tctr:, ,,,,,c, .,..• ...1. • Ar:40 •4,:1 • le iSP,••• ' ' Ve. ''i'rp it''••.1-t•'.'''V• -:,‘ • . .- 4.- -... n,,,,4..'i-i'MPOs:. .,43.k,i,N.- .. : , f;,..S__.,,,,,,. 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SUMMARY: The Transportation Equity Act for the 21st Century (TEA-21) was adopted by the Federal Government in June 1998. This legislation appropriates money available for Transportation/Transit uses. Specifically, TEA-21 requires that one-percent be set-aside from Surface Transportation Funds p (STP) for transit enhancements for urbanized areas of more than 200,000 in population. Since the Town of Oro Valley is considered within the "urbanized area" of more than 200,000 in population, they are eligible to apply for activities defined as "transit enhancements". In July 1999 the "Bicycle Oasis", located at Oracle Road and 1st Avenue was damaged when repairpersons resurrected downed powerlines that had fallen along Oracle Road. Due to the amount of damage that was sustained and the fact that the location is highly regarded, (pursuant to the Transit Element of the Town's General Plan) in the development of the Town Center Area (Oracle Rd. & 1St Ave.), the"Bicycle Oasis" was elected as the location that most fit the criteria for transit enhancements. The project proposes: keeping the existing "Bicycle Oasis" at it's present location, developing a small culvert to go underneath the ramp leading to Oracle Rd., making needed adjustments for ADA compliance, developing a site plan, developing and establishing a tile roof, rehabilitating the public art, adding lighting and landscaping. GENERAL PLAN COMPLIANCE: In July 1999 the Mayor and Council of the Town of Oro Valley adopted the Transit Services — Element of the General Plan. The "element" actually amended the Town's General Plan— Focus 2020 to include Transit Services. The element specifically states: "Develop the Town Center Area (Oracle Rd. & 1st Ave.) as a Transit-Oriented Development with better opportunities for walking, biking and using public transit". TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 FISCAL IMPACT: The Town of Oro Valley is required to provide a match in cash up to 5.7% of the total project cost. Thep roposed project is $37,115.59. The Town of Oro Valley's portion would be $2,115.56. RECOMMENDATIONS: Staff recommends that the Oro Valley Town Council approve the application authorizing the filing of a Transit Enhancement Program(TREP) Grant with Pima Association of Governments for rehabilitation and upgrading of the Oracle Road and 1st Avenue "Bicycle Oasis", with the understanding that the Town will be responsible for the required 5.7%of the total project cost. SUGGESTED MOTION: I move that we approve Resolution (R)99-90 thus authorizing the filing of a Transit Enhancement Program (TREP) Grant with Pima Association of Governments for rehabilitation and upgrading of the Oracle Road and 1St Avenue "Bicycle Oasis", with the understanding that the Town will be responsible for the required 5.7%of the total project cost. OR I move that we deny Resolution(R)99-90 thus denying the authorization of the filing of a Transit Enhancement (TREP) Grant with Pima Association of Governments. ATTACHMENTS: 1. Transit Enhancement Project Grant FY 2000 (October 1999) 2. Resolution (R)99- 90 authorizing the filing of a Transit Enhancement Program (TREP) Grant with Pima Association of Governments for rehabilitation and upgrading of the Oracle Road and 1st Avenue "Bicycle Oasis", with the understanding that the Town will be responsible for the required 5.7% of total project cost. , ,,/,‘fc* 1,,',/ Transit Service A i inistrator I C t - 1 ity Devel► . ent Director 1 0, own Manager RESOLUTION NO. (R)99-9_ A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE FILING OF A TRANSIT ENHANCEMENT PROGRAM (TREP) GRANT WITH PIMA ASSOCIATION OF GOVERNMENTS FOR REHABILITATION AND UPGRADING OF THE ORACLE ROAD AND 1ST AVENUE "BICYCLE OASIS". WHEREAS, the Town of Oro Valley is considered within the urbanized area of more than 200,000 in population; and WHEREAS, the Town of Oro Valley has a transit facility that is in need of rehabilitation and upgrading; and WHEREAS, the Town of Oro Valley's General Plan — Focus 2020 suggests the development of the Oracle Road & 1St Avenue location as the Town Center area with better opportunities for walking, biking and using public transit; and WHEREAS, Federal legislation, through TEA-21, has made funding available for transit enhancements; and NOW, THEREFORE, BE IT RESOLVED that the Town of Oro Valley hereby: 1) Authorizes the filing of the Transit Enhancement Program (TREP) Grant with Pima Association of Governments for rehabilitation and upgrading of the Oracle Road and 1st Avenue "Bicycle Oasis". 2) Certifies that the Town has matching funds necessary in the amount of 5.7% of the total project cost. PASSED AND ADOPTED AND APPROVED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 22nd day of September, 1999. TOWN OF ORO VALLEY, ARIZONA Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan Dudley, Town Attorney oi\ON Or G 40., i, ,iihiii 010.. ,1/4) . tow,,,i'603 Transit Enhancement Project war.; ,,,,,,;. T .t... X . . littpit :E.' { rrl_..; -,:',.. ,,,.. „..... . . „„, ,, .,. ... )7. :. { S ...... .... .-......-.... ,,,,:. Cf1;:.h..:i'''' . :,:i...:' 1.100114 CI .: lit. :).. t.. Y ,-,,..,... . At. --- :,,: 7i,, il-- l'..?'..„.., •s .,. a • c., :,,, � v. C:: 1-,, ;: z: ,... ,. :f:' ^..... :..::�:::Y:..,....:Y:}`:.A,`) .,..,..�.`,��'.,s.,ya+s.•.:.. .,.}�::•;�.r :,.�j\�'.:..•,.i:..iv\ fd•:�i:';::�.!+T�S3ko.r,i» >+ii}4aTl�Xf3 t . fniL' + 4.. S• fk.'4Sv�,; <#:{c} U " :ymy{;,;.gS'.i': .v: `v •:- i,<y .Y `Yxui: { � W ,. u ru�G> :v.^'::.^;�3<. .� aQ" f "" MrA:Y �\ o. ToY � e" Y�4\ ,; a ;�\� \ c�\Nw`i, A ¢ ;:a:S`:.`vv�\. : � "ii \. i,,,,NM1YNp:v .:.: 77754. 2 ;j,r ) z} < i YyS .< 0ribywPf^.'Tf"lC��Hc y, a . .^} Town of Oro Valley, AZ Transit Enhancement Project FY 2000 (October 1999) Prepared by John Zukas, Transit Services Administrator Transit Enhancement Project FY 2000—Town of Oro Valley, AZ TABLE OF CONTENTS PAGE TRANSIT ENHANCEMENT APPLICATION FORM 1-3 PROJECT LOCATION MAP 4 ORACLE RD. &15T AVE. "BICYCLE OASIS"—SUMMER 1998 5 ORACLE RD. & 1sT AVE."BICYCLE OASIS"—(DAMAGED) JULY 1999 6 ORACLE RD. & 1T AVE. "BICYCLE OASIS"—(PROPOSED) FY 2000 . 7 DETAILED COST ESIMATE 8 .IN\.-E Y k' b". art:. /t> yt xa PAG'S TRANSIT ENHANCEMENT PROJECT APPLICATION FORM Project Name: Town of Oro Valley, AZ Bicycle/Transit/Pedestrian Rest Area "Bicycle Oasis" Southwest Corner of Oracle Road & First Avenue Date Submitted: October 1, 1999 Project Applicant: Town of Oro Valley, AZ Contact Name, Address & John Zukas,Transit Services Administrator Telephone: 11,000 N. La Canada Drive Oro Valley, AZ 85737 (520) 825-7355 Project Sponsor: Town of Oro Valley, AZ Contact Name, Address & John Zukas,Transit Services Administrator Telephone: 11,000 N. La Canada Drive Oro Valley, AZ 85737 (520) 825-7355 Project Location: Southwest Corner of Oracle Road &First Avenue Street Name/Address (Approximately 10,665 Block of North Oracle Rd.) Oro Valley, AZ Project Location: Town of Oro Valley, AZ City and County Pima County Project Location: Town of Oro Valley, AZ Congressional District: Congressional District 5 Project Category: ✓ Historic preservation, rehabilitation, and operation of historic mass Please check the appropriate transportation buildings, structures, and facilities (including historic category: bus and railroad facilities ✓ Bus shelters ✓ Landscaping and other scenic beautification, including tables, benches, trash receptacles, and street lights ✓ Public art ❑ Pedestrian access and walkways ❑ Bicycle access, including bicycle storage facilities and installing equipment for transporting bicycles on mass transportation vehicles ❑ Transit connections to parks within the recipient's transit service area ❑ Signage ✓ Enhanced access for persons with disabilities to mass transportation 1 Project Description: In Summer of 1998 the Town of Oro Valley(Arts Advisory Board)partnered with the p Summer Youth Artworks Program sponsored by the Tucson Pima Arts Council to (Brief description of the project up build a "Bicycle Oasis" at the South-West corner of Oracle Road & 1st Avenue. to 150 words) (please see attached picture) In July 1999 the"Bicycle Oasis"was severely damaged by weather and power lines. The plan for the project is: to keep the existing "Bicycle Oasis" at it's present location, develop a small culvert to go underneath the slope, develop a site plan, develop and establish a tile roof,rehabilitate the existing public art,add lighting and landscaping. *Future projects will add sidewalks&a bus pullout along Oracle Rd. Total Project Cost: $37,115.59 Federal Amt. of the Request: $35,000.00 Project Match: $2,115.56 Project Justification: The proposed project is needed to promote both the Town of Oro Valley's—Transit (Brieflydescribe whythe project is Services Element of the General Plan,and the Town of Oro Valley's Pedestrian and Bicycle Plan. needed) The Town of Oro Valley's Council adopted the Transit Services — Element of the General Plan, in July 1999. The Pedestrian and Bicycle Plan is scheduled for adoption by the Town Council in early October. Both plans promote a"multi-modal" theme and are consistent with the local environs. The proposed project will rehabilitate an existing transit facility as well as expand on its functionality and safety. The proposed project would also be used to promote ridership on the existing SunTran Rt. 16 Express to the City of Tucson. This would establish the proposed project as a"multi jurisdictional"coordinated/supported project. Project Qualification: The proposed project qualifies as a Transit Enhancement because: (Brieflydescribe how project fits a) The facility is multi-modal(bicycle, pedestrian, mass transit). b) Both the current and proposed facility incorporates public art. into one of the nine eligible c) Landscaping and lights are proposed. activities) d) The facility is considered a bus shelter. Project Maintenance After The Town of Oro Valleys Public Works DepartmentlParks and Recreation Construction: Division will be responsible for maintenance. Low maintenance costs are (Describe maintenance associated with this project. responsibility and costs;who will The facility is located in the Town of Oro Valley's right of way. be responsible for the maintenance after construction; who owns the right of way, etc.) Project Status: The project should start no later than the end of December 1999. J The project should be completed by the end of February 1999. (Describe project development done to date. When will construction actually begin? Is project development complete?) 2 Community Support: The project was originally built by youth participating in the (Describe community support for Summer Youth Artworks Program. The Town hopes to involve the this project and how the same youth involved in the original project. community has been or will participate) Consistency with Plan(s): In July 1999 the Town of Oro Valley adopted the Transit Services — Describe how the project is Element of the General Plan. The element is an amendment to the consistent with the local and Town's General Plan (Focus 2020). The element specifically states: regional transportation plan(s). "Develop the Town Center Area (Oracle & 1st Ave.) as a Transit- Oriented Development with better opportunities for walking, biking and using public transit. Recommended Attachments: ✓ Location Map (8.5 X 11") ✓ Conceptual Plan/Drawing (8.5 X 11") ✓ Photographs/ Renderings (8.5 X 11") I Detailed Cost Estimate ✓ Letters of Support/Articles/ Newsletters, etc (Max of four) Government Sponsor Approval: The authorized official endorsement indicates thero osal is not p p inconsistent with the government's sponsor plans and meets the basic requirements of TEA-21 Transit Enhancement Program. It indicates support for the preliminary conceptual design and estimated costs included herein. The Government Sponsor acknowledges. 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''' '.• ..„....,:.. .:y>.1';'::::::$••::.'''' a. ,,J.......:,„..;....,.;,,,...".....,::::‘...:;:::..,,....›,,..:..,..,,:.,,,, , s . ,.......::...., 1, ,,,2 , , ,, iifiii:,1 � x (13 -...'...- :i. I''''' l''''' . '.....: . ....,.;'''''''',.....-;..H.--.::::;..:.'-'.i..:'s• : '''''...1..•‘:.,..:.::::.::;!::':'—':. * ' s.. i f-:-.'..--'-. 6 tlg 0 Ta .:.'.....-.^-' k i'.1 ' ''--.7' ::'..':—' 5 . « 0 ` t V CO L � � r R a # \` '..e... : :.. .. .�PttYF. `Y'4 std:`4 ,'.;: ;4'..`F,\ .. ..,.....�� ,,.:,:V{ a\�. .l''''' \\.\\.4,,.. .. . . Transit Enhancement Project FY 2000—Town of Oro Valley,AZ Oracle Rd. & 1St Ave. "Bicycle Oasis" Detailed Cost Estimate Task: Cost Site Plan (includes surveying, civil $5,000.00 and structural engineering) Develop and implement small $3,500.00 culvert to channel water under ramped access leading to Oracle Rd. Develop and implement a tile roof $18,000.00 structure. Repair existing public art. $5,000.00 Design and implement $2,800.00 landscaping. Design and implement lighting. $2,700.00 (solar) Total: $37,000.00 3 P`1 FY p? �U 2v A'A pFoua1" TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 22, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: Steven Faaborg, Civil Engineering Technician SUBJECT: Resolution No. (R)99-91 Approving the purchase of a used water truck.. SUMMARY: The Department of Public Works wishes to purchase a used truck from Empire Machinery of Tucson. This would be a programmed replacement included in this year's CIP. The truck is a 1998 Freightliner FL70 with a 2,000-gallon water tank. The truck is equipped with a 175 horsepower Caterpillar engine, 6-speed transmission, air conditioning, power steering and air brakes. The truck has a GVW of 29,000 lbs. The selling price of the vehicle is $42,500, with a trading allowance of$2,500 for the old truck. Sales tax on the purchase at 5% would be an additional $2,000. This would represent savings of$10-15,000 over the cost of a new truck. The truck would be used for dust control and soils compaction on Town projects such as shouldering. Empire Machinery has agreed to make the following cosmetic repairs to the Town's satisfaction: • Remove existing decals from the doors. • Repair minor damage to right front fender. • Touch up other minor scratches in various locations. ATTACHMENTS: Resolution(R)99-91 FISCAL IMPACT: $42,000 including sales tax plus a $2,500 trade-in allowance for the old water truck. RECOMMENDATIONS: Staff recommends the purchase of this equipment. SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Resolution(R)99-91 Or I move to deny Resolution(R)99- 91 epartment Hea / Town Manager RESOLUTION NO. (R)99- 91 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE PURCHASE OF A USED WATER TRUCK. WHEREAS, the Town of Oro Valley Department of Public Works has programmed the purchase of a water truck in this year's CIP budget; and WHEREAS, the present water truck is in need of major repairs; and WHEREAS, a used water truck is available that meets the Department's needs; and WHEREAS, the used truck represents a substantial savings over the cost of a new truck; THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: That a 1998 Freightliner FL70 with a 2,000-gallon water tank be purchased from Empire Machinery of Tucson for $42,000 including 5% sales tax plus a$2,500 trade-in allowance for the old water truck. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 22ndday of September 1999. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Dan L. Dudley, Town Attorney Date Date TOWN OF ORO VALLEY COUNCIL COMUNICATION MEETING DATE: SEPTEMBER 22, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: David Hook,P.E.,Water Utility Director SUBJECT: Project No.W1U-1099 Oro Valley Water Utility 8"Main Extension to Serve Pusch Ridge SUMMARY: Per the direction of Mayor and Council through the 1999-2000 Capital Improvement Budget of the Oro Valley Water Utility,plans and specifications were provided for the acceptance of public bids for the following project: Project No.W10-1099 8"Main Extension to Serve Pusch Ridge The project consists of the installation of approximately 755 lineal feet of 8-inch potable water main, fittings and appurtenances. The project is located southeast of the Sheraton El Conquistador Resort and connects to an existing water main located within Pusch Ridge Estates. ATTACHMENTS: Bid Opening Tabulation Project No. W10-1099 FISCAL IMPACT: The total amount bid by the lowest responsible bidder was$41,810.00 by P&H Contracting. RECOMMENDATIONS: A. We recommend the award of Contract No. W10-1099 to P &H Contracting,the lowest responsible bidder,in the amount of$41,810.00. B. Direct the Water Utility Director to prepare a Notice of Award to P&H Contracting and transmit said Notice along with the Contract Agreement and Bond forms for execution. C. Direct the Water Utility Director to issue the Notice to Proceed in accordance with the requirements of the Contract Agreement upon the receipt of the Contract Agreement. D. Authorize the Water Utility Director to execute Contract Change Orders and/or Supplemental Agreements incidental to the prosecution of Work. E. Direct the Town Clerk to hold the bid bonds from all bidders until such time that a Contract Agreement has been executed. SUGGESTED MOTION: I move to approve the award of bid to P & H Contracting for Project No. W10-1099. Or I move to deny . /111W; -��. e • ility Dire zier Town Manager Sep-13-99 09: 16A WestLand Resources 520-206-9518 P.04 f z :#, R• - j.5: i 1 Li - rt jIlik \ :7'. i GC , T Z 71k 1...". ..1:=. W IV •— `Go --IC1t!+ ;A W N ri g K 901L, •>•.._,` ''''' '•,... 17) CT' , e.4---ci.- - Z......7---. 4- 7::. .-..: , - >* 1`‘\- r''� -L,, v ;Ztot ' ‘`.. ''r E—..;'1 '. —..'"' n ', 0 • ' V/ . (Z: tel/'* - ''- 3t, • `A' ,. lit. , SI.- M T,7,'-'k' 'j'iN ', '\' "a l '- r- ct -‘ icel,,,„. 5 — 7. d w oe ii", 1 z--..;, (---, otz\n,..... . Ar..., 3 .... t, 4 '..4\' - ,„, I.' \.13 ..... Li7\ - > 7 ,.., 7 ' r ' r‘i" ' ... 1 b 5!IPZM4C:) , C:--=‘,Z`,.S.1_'.. S c a. , ck.... 2 IN.-. C p > iv € - r C. u ti 2 tn t=1Or2 ti., . 7,g0-321 z N4z '- fin � toa ' > ""3 , ' g :0 oz .1 mi to 3 � o r 0 • '24.-- rii >i . S No '13 0-i • c.A. .:,. z... _, "1 i ._.- ".t,. )s. ( , 7 4s n 5 7 S e t) g t: ',7; ' 71 5 B E d Q n ,, 1 tii , mil O a '. A 14'''t tt ' t. s'P., -k, ' N . IS"-- c>t1 if- - q,,'4 `k (t •O 1 c off, 16 ,; Li* c . ed a la TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 22, 1999 TO: HONORABLE MAYOR & COUNCIL FROM: Paul K. Nzomo, P.E Civil Engineer: CIP & Development SUBJECT: Resolution (R) 99- 93 Award of contract for Project No. 98-99 10 Rincon Peak at Rancho Vistoso Blvd. Median Opening SUMMARY: This project was first advertised in July. The bid received was 50% more than the Engineer's estimated cost. Hence, the project had to be readvertised. This project involves the installation of left-turn bays, roadway widening and median adjustments. This will include grading, culvert extensions, median cut, curbing, asphaltic concrete paving, pavement markings and signing, and other incidental work. These improvements will improve the safety of the intersection. In response to the advertisement for bids, the Town received (2) two bid proposals. The bid proposals were opened by Town staff at 2:00 p.m. on September 1, 1999. The following is a summary of the bids received along with the engineer's estimate: 1.Cimetta Engineering & Construction Co., Inc $43,085.00 2. Southern Arizona Paving Construction Co. $63,537.50 Engineers estimate $36,111.40 ATTACHMENTS: Resolution (R) 99 -93 FISCAL IMPACT: Funding for this project is available from budgeted Town funds for the 1999/2000 fiscal year. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATION: Public Works staff recommends the awarding of this contract to Cimetta Engineering & Construction Company through the adoption of the attached resolution. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve Resolution (R) 99- 9 3 OR I move to deny Resolution (R) 99-93 IC j_ ,-- William A. Jansen, P. ., own Engineer 4.--- frAgii,2 j Chuck Sweet, o, n Manager RESOLUTION NO. (R) 9993 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AWARDING A CONTRACT FOR LEFT- TURN BAYS, MEDIAN ADJUSTMENTS, AND ROADWAY WIDENING AT THE INTERSECTION OF RINCON PEAK AND RANCHO VISTOSO BLVD. TO CIMETTA ENGINEERING & CONSTRUCTION COMPANY. WHEREAS, the construction of roadway improvements within the Town's Right of Way is necessary to the public health, safety, and welfare in order to provide for the safe and effective movement of vehicular and pedestrian traffic; and WHEREAS, the Town Council deems it necessary, in the interest of providing for the health, safety, and welfare of the citizens of Oro Valley, to authorize the Town Manager to contract with Cimetta Engineering & Construction Company, Inc. for Left-turn bay installation, median adjustments, and roadway widening at the intersection of Rincon Peak and Rancho Vistoso Blvd. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: That Town Manager is authorized to contract with Cimetta Engineering & Construction Company Inc. for Left-turn bays installation, median adjustments, and roadway widening at the intersection of Rincon Peak and Rancho Vistoso Blvd. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 22nd day of September, 1999. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Dan Dudley, Town Attorney Date Date TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 22, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: HONORABLE GEORGE A. DUNSCOMB SUBJECT: APPOINTMENT OF PRO-TEM MAGISTRATE SUMMARY: Pursuant to Town Code 5-2-2, the Town Magistrate shall prepare a list of qualified candidates from which the town council shall select pro-tempore magistrates. James R. West is a former long-term Pima County Justice of the Peace. He is well qualified to perform the Judicial functions as a Pro-Tempore Magistrate. While we have not yet had any problems getting a Magistrate Pro-Tempore while Judge George A. Dunscomb has been away or had a conflict, most of the Judge Pro-Tems on our list also serve in Pima County Justice Court or another Magistrate Court. It is advisable to have enough Pro- Tems in the event of the unavailability of the others on the list. ADVISORY BOARD ACTION: (IF APPLICABLE) GENERAL PLAN COMPLIANCE: (IF APPLICABLE) FISCAL IMPACT: FY 1999-2000 Budget includes $5,000 for Pro-Tem Magistrates for conflict cases,Judge's training, vacation and illness. RECOMMENDATIONS: I would like to add the following appointee: Honorable James R. West SUGGESTED MOTION: I move that the above listed individual be added as referenced above. ATTACHMENTS: TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 Departure•Head (// I / f Town Manager M I TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 22, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: Froilan H. Cota, Interim Project Manager SUBJECT: Resolution No. (R) 99-94 A Resolution of the Town of Oro Valley, Pima County, Arizona Awarding a Contract Proposal to Brown and Caldwell Environmental Engineering and Consulting firm for performing hydrological services before, during,and after the drilling of a replacement well for Well RV#3 SUMMARY: Included in the water utility's budget for FY 99/2000 is a capital project for the replacement of RV Well #3, which is an outdated well, low producer, and introducing excessive amounts of sand into the water system. The new well, D-11, will be constructed using vastly improved drilling methods and utilize casing, screens, and gravel packs that will maximize production and minimize the pumping of sand. This new well will allow the utility to improve water supply to the D-Zone area as well as ability to boost additional supply to the higher zones. Brown & Caldwell has submitted a proposal for professional hydrological services that are needed before, during and after the drilling of the well. Before actual drilling is begun, permits have to be obtained from the Arizona Department of Water Resources and a study done to determine the well impact/well spacing in order to maximize the allowable annual production rate of the new well. The pre-drilling services also include assistance in preparing the drilling bid package and the evaluation of bids received. During the drilling phase, the hydrologist will continuously inspect and evaluate the operation. The cuttings that come up are studied for the purpose of locating and sizing the screens that are placed inside the hole. After the drilling is completed, the hydrologist will perform pump tests and determine optimum production rates. He will then summarize the entire project and submit a complete report to the utility. Brown and Caldwell is an engineering firm that has offices throughout the United States, including Tucson and Phoenix. Oro Valley Water Utility has not previously employed this firm but is well aware of the background this firm has in water- related projects and the reputation it has established for solid performance. However, the hydrologist, Mr. Buck Schmidt, that will be utilized for subject project,was employed previously for the recent drilling of well #23. At that time, he was working for another firm. His performance on that project was outstanding and well proven in that well #23 is an outstanding water producer. The services provided by Brown and Caldwell 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 Brown and Caldwell without going through the public bid process. FISCAL IMPACT: Staff included $330,000 in the FY99/00 budget specifically for the construction of a replacement well for RV #3, which included engineering costs. The contract proposal from Brown and Caldwell is in the amount of$27,697.00. This amount is for the hydrological services required before, during, and after the drilling of the new well. RECOMMENDATIONS: Staff respectfully recommends award of the contract proposal to Brown and Caldwell in the amount of$27,697.00. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTION: I move to approve Resolution No. (R) 99- 94 A Resolution of the Town of Oro Valley, Pima County, Arizona Awarding a Contract Proposal to Brown and Caldwell to provide hydrological services before, during, and after the drilling of a replacement well for RV#3. Or I move to ATTACHMENTS: 1. Resolution No. (R) 99- 94. 2. Contract Proposal from Brown and Caldwell Environmental Engineering and consulting firm. e /tility Directo, , 4 Town Manager RESOLUTION NO. (R) 99- 94 A RESOLUTION OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA AUTHORIZING AND APPROVING A CONTRACT WITH BROWN AND CALDWELL ENVIRONMENTAL ENGINEERING & CONSULTING FIRM FOR PERFORMING HYDROLOGICAL SERVICES BEFORE, DURING, AND AFTER THE DRILLING OF A REPLACEMENT WELL FOR WELL RV #3. 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 to drill a new well to replace RV Well #3; and WHEREAS, the Oro Valley Water Utility has included in its budget for FY99/00 a capital project for the construction of a new well as a replacement for RV Well #3; WHEREAS, the hydrologist working for the firm Brown and Caldwell has provided hydrological services to the utility in the past; and WHEREAS, ORO VALLEY now finds it necessary to award a contract to Brown and Caldwell for hydrological services before, during, and after the drilling of a new well as a replacement for RV Well #3. NOW, THEREFORE, BE IT RESOLVED BY THE ORO VALLEY MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY; PIMA COUNTY, ARIZONA: Page 2 of 2 1. That the attached Contract Proposal from Brown and Caldwell for hydrological services in the amount of$27,697.00 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 22nd day of September , 1999. Mayor Paul H. Loomis ATTEST: APPROVED AS TO FORM: Town Clerk Town Attorney 774 3636 North Central Avenue Asoi516 • Suite 200 ikitis Phoenix,AZ 85012-1931 Tei:(602)222-4444 t314� Fax:(602)222-4466 toN tie �`0� 0 1 .114 September 13, 1999 iiycal 0) > 1E 0 6 Mr. David Hook BROWN AND Oro Valley Water Utility CALDWELL 1565 East Rancho Vistoso Boulevard, Suite A Oro Valley, Arizona 85737 29-99-9648013 Environmental Engineering&Consulting Subject: Revised Proposal for Drilling, Installation, and Testing of Rancho Vistoso No. 3 Replacement Well, Oro Valley Water Utility, Arizona. Dear Mr. Hook: Brown and Caldwell is pleased to provide this revised scope of work for the drilling, installation, and testing of Rancho Vistoso No. 3 replacement well for the Oro Valley Water Utility. The original scope of work also included replacing Rancho Vistoso No. 2. BACKGROUND It is our understanding the existing Rancho Vistoso Well No. 3 needs to be replaced due to sand invasion problems. Sand in the pumped groundwater is believed to be due to the well construction problems. Therefore, our scope of work includes recommendations for preliminary well design to address sand invasion and maximize the production capacity and efficiency of the new well. Our proposal also considers obtaining hydrogeologic information during the drilling and testing of the new well which will support the site selection, design, and operation of a planned artificial recharge facility in the area. Existing data review for the Rancho Vistoso Well No. 3 indicates it was constructed in 1953 utilizing the cable-tool drilling method. The cable tool method does not include installation of a filter pack and the casing is perforated using a Mills knife slots. Sand invasion problems are common with this drilling technique due to lack of filter pack and coarse screen openings. To mitigate sand production in the new replacement well, Brown and Caldwell recommends utilizing a filter pack material that will be sized based on site- specific conditions. In addition, the perforated interval of the new well should consist of continuous wire-wrapped screen to optimize the open area design. Utilizing wire-wrapped screen will facilitate well development and the overall efficiency of the newly constructed well. The new well should also be drilled by the reverse circulation rotary method. This drilling method and the well design described above was utilized for the construction of the Canada Hills Well No. 23, drilled and completed in early 1998. \\bcphx02\projects2\proposal\fy99proposals\99648 tucson gen.municipal\29999648013rev2.doc/9/13/99/alb Mr. David Hook September 13, 1999 Page 2 Brown and Caldwell recommends a level of oversight to ensure compliance with the technical specifications. Specifically this includes inspection on a 24-hour, 7-day per week basis during well construction. We strongly recommend this level of inspection, because unlike other public works projects, there are significant limitations to the extent of inspection performed after the well has been constructed. Continuous inspection of the casing, screen, and annulus material installation will provide assurance that the well installation is conducted in compliance with the materials and construction standards specified. Deviations from the developed specifications can have negative implications on the well's final productivity, efficiency, potential for sand production, as well as longevity of pumps and motors. We will document all construction materials and installation techniques within the Final Well Construction Report to provide comprehensive documentation of the well installation. Brown and Caldwell recommends conducting geophysical surveys and aquifer testing to provide additional hydrogeologic information to support the site selection, design, and operation of the planned artificial recharge facility in the area. Geophysical surveys evaluate the physical characteristics of subsurface geologic formations and can identify small-scale variations in the local lithology. These small-scale variations can have profound impact on the operation of a recharge facility. Analysis of aquifer test data provides site-specific hydraulic characteristics of the aquifer, which are necessary to accurately predict groundwater conditions during operation of the recharge facility. Both geophysical survey and aquifer test will be included as line items on the selected drilling contractor's bid cost tabulation and can be conducted at the discretion of the Town. Aquifer test analysis, which would be conducted by Brown and Caldwell, is included as an optional task within this proposal. SCOPE OF WORK The scope of work presented below includesreconstruction construction, and post-construction p . services and was developed based on our experience with similar water supply well installation projects. Task 1.0 Preconstruction Services Subtask 1.1 Permits Acquisition and Regulatory Approval. Permit acquisition and regulatory approval will include filing applications to drill a replacement service area well within an Active Management Area as required by the Arizona Department of Water Resources (ADWR). Also included and to be filed with the application is a well impact/well spacing study to maximize the allowable annual production rate of the replacement well. This study is not required for a replacement well permit, but without the study the allowable annual production rate will be limited to an annual withdrawal rate calculated from the historical capacity of the existing well and a 50 percent duty cycle. Based on available information, it is \\bcphx02\projects2\proposal\fy99proposals\99648 tucson gen.municipal\29999648013rev2.doc/9/13/99/alb Mr. David Hook September 13, 1999 Page 3 anticipated the production capacity of properly designed replacement well will most likely be significantly greater than the capacity of the existing well. Subtask 1.2 Technical Specifications Preparation. The technical specifications will detail the specific methods and materials to be used by the selected well construction contractor in the drilling, installation, and testing of the replacement well. The detailed and concise language will provide project control for the Town and minimize the risk of contractual disputes or unacceptable work from the contractor. Specific elements of the technical specifications will be based on anticipated hydrogeologic conditions. The technical specifications will be forwarded to WestLand Resources, Inc. for inclusion within the Town's standard construction contracting package for contract administration. Subtask 1.3 Bid Services. Bid services will include providing assistance to WestLand Resources, as needed, to answer bidder questions during the contractor selection process. Brown and Caldwell personnel will attend pre-bid and preconstruction conferences to respond to any technical questions of bidders. Brown and Caldwell will also review the contractor bid submittals for arithmetic errors, evaluate unit costs, and prepare a bid tabulation. Brown and Caldwell will provide a recommendation of the lowest, responsive, and responsible bidder to the Oro Valley Water Utility. Task 2.0 Construction Services Subtask 2.1 Pilot Hole Evaluation. The pilot hole of the replacement well will be evaluated to access the local hydrogeologic conditions. After the pilot hole has been drilled to its total depth, a Brown and Caldwell hydrologist will evaluate the drilled cuttings from each 10-foot interval of the pilot hole and prepare a lithologic log describing the geologic material penetrated by the boring. Samples of the drilled cuttings will be collected in specially designed plastic "chip tray" containers, which will be provided to the Town for archival purposes. Drilled cuttings from selected intervals of the borehole will be submitted for sieve analysis by a geotechnical laboratory. Furthermore, the penetration rate of pilot hole drilling monitored by the contractor will also be analyzed to aid in assessing the local hydrogeologic conditions. Brown and Caldwell will also oversee the geophysical survey of the pilot hole if conducted. The geophysical surveys can provide information of the small-scale variations of the local lithology. Subtask 2.2 Well Design Modifications. Based on the assessment of the local hydrogeologic conditions, Brown and Caldwell hydrologist will modify the pre-bid well design by determining the proper well screen slot size and filter pack grain size that will prevent sand invasion during pumping, while providing for maximum water production and efficiency of the well. The portion of the aquifer with the greatest groundwater production potential will be optimized by the final well design. Subtask 2.3 Well Installation Inspection. Brown and Caldwell will provide inspection of well construction on a 24-hour, 7-day per week basis. Continuous inspection of the casing, screen, and annulus material installation will provide assurance the well installation is conducted in \\bcphx02\projects2\proposal\fy99proposals\99648 tucson gen.municipal\29999648013rev2.doc/9/13/99/alb . Mr. David Hook September 13, 1999 Page 4 compliance with the materials and construction standards specified. Brown and Caldwell personnel will document all construction materials, installation techniques, and well development techniques via pipe tallies, cement grout records, development records, etc. Samples of the filter pack material and cement grout will be collected and submitted to the Oro Valley Water Utility for archival purposes, and detailed record drawings of the production well will be prepared for inclusion in the Final Well Construction Reports (Subtask 3.3). Brown and Caldwell has allocated 80 hours for field personnel to provide "round-the-clock" inspection of well installation. A Brown and Caldwell hydrologist will also perform "spot" check inspection of well development to assure that the well development is conducted in compliance with the specified construction standards and local aquifer conditions. A video survey of the replacement well will be performed by the contractor after installation is complete, to document the condition of the well at the time of its construction. Brown and Caldwell will provide inspection of the final video survey to assure acceptable clarity and integrity of the video. We will prepare a video survey log to document the content of the final video. Task 3.0 Post-Construction Services Subtask 3.1 Step-Rate Discharge Testing and Analysis. Brown and Caldwell will supervise a 10- hour, step-rate discharge pump test to evaluate the overall well performance as a baseline for operational and maintenance considerations. The analyses of the step-rate pump test will provide the critical production rate and hydraulic head information that will ultimately be required to design the permanent pump equipment for the well. It will also enable us to determine the efficiency of the new well, the well's specific capacity, and optimum water production rate. Subtask 3.2 Aquifer Test Analysis (Optional). Brown and Caldwell will supervise 24-hour, constant-rate aquifer test for the well to determine the local aquifer hydraulic characteristics. These hydraulic characteristics can be applied to groundwater flow equations to predict future groundwater conditions associated with future production and artificial recharge. Subtask 3.3 Final Well Construction Report Preparation. The Final Well Construction Report will include clear descriptions of the well drilling and installation process, as well as basic data such as pipe tallies, grout records, penetration rate log, the lithologic log, and final video log. The report format utilized by Brown and Caldwell will provide comprehensive documentation of the well installation. The reports will also include Brown and Caldwell's recommendations of the optimum pumping rate and pump setting, and detailed record drawing of the new production well. COST ESTIMATE Brown and Caldwell will perform the proposed scope of work to replace Rancho Vistoso Well No. 3 on a time-and-materials, not-to-exceed basis. The breakdown of costs related to this scope of work is shown below: \\bcphx02\projects2\proposal\fy99proposals\99648 tucson gen.municipal\29999648013rev2.doc/9/13/99/alb Mr. David Hook September 13, 1999 Page 5 Task Direct Total Hours Costs Cost Task 1.0 Pre-Construction Services Subtask 1.1 Permits acquisition and regulatory approval 46 $150 $ 3,448 Subtask 1.2 Technical specifications preparation 32 $100 $ 3,360 Subtask 1.3 Bid Services 8 $50 $ 1,066 Subtotal Task 1.0 86 $300 $ 7,874 Task 2.0 Construction Services _ Subtask 2.1 Pilot hole evaluations 24 $200 $ 2,432 Subtask 2.2 Well design modifications 7 $50 $ 763 Subtask 2.3 Well installation inspection 84 $400 $ 6,988 Subtotal Task 2.0 115 $650 $10,183 Task 3.0 Post Construction Services Subtask 3.1 Step-rate discharge testing and analysis 18 $100 $ 1,570 Subtask 3.2 Aquifer testing and analysis (Optional) 36 $200 $ 3,140 Subtask 3.2 Final well construction report preparation 62 $400 $ 4,930 Subtotal Task 3.0 116 $700 $ 9,640 TOTAL with optional aquifer testing 317 $1,650 $27,697 TOTAL without optional aquifer testing 281 $1,450 $24,557 The cost estimate is based on the following assumptions: • Location of proposed well site will not be modified during the well impact/well spacing analysis for well permitting • Cost estimate does not include drilling, geophysical surveys, furnishing test pump equipment, video surveys and analytical laboratory costs. ■ Three days to drill pilot hole of the replacement well. • Three days for well construction plus 1.5 days for well development. NOTICE TO PROCEED Upon receipt of your written authorization, Brown and Caldwell will perform the services described above, in accordance with the attached Standard Terms and Conditions (CL-L-TC June 30,1999). For convenience, this proposal is presented in a form that can be accepted and signed as an agreement between Brown and Caldwell and the Oro Valley Water Utility. To accept this proposal, please sign and date both copies and return one fully executed copy to Brown and Caldwell. \\bcphx02\projects2\proposal\fy99proposals\99648 tucson gen.municipal\29999648013rev2.doc/9/13/99/alb Mr. David Hook September 13, 1999 Page 6 Thank you for the opportunity to provide these services. We look forward to working with you. If you have any questions concerning the proposed scope of work and cost estimate, please contact Mr. Buck Schmidt at (520) 624-5744. Very truly yours, BR a AND CALDWELL f os e /tØ /)üfit. fr 411 ,.'hilip J. ag.. ' .tip Buck Schmidt Vice Presi: nt Project Manager The undersigned agrees to the Terms and Conditions of this Letter Proposal attached hereto. Signature: Printed Name: Title: Date: BS:alb Attachment(s) cc: Mr. Froy Cota., Oro Valley Water Utility Dr. Craig Tinney, WestLand Resources \\bcphx02\projects2\proposal\fy99proposals\99648 tucson gen.municipal\29999648013rev2.doc/9/13/99/alb Brown and Caldwell/Client Standard Terms and Conditions I. SCOPE contractor's means, methods, techniques, sequences, for Brown and Caldwell (BC) agrees to perform the services safety precautions and programs incident to the contractor's described in the scope of work attached hereto which incor- work, or for any failure of contractor to comply with laws porates these terms and conditions. Unless modified in and regulations applicable to performing its work. writing by the parties hereto, the duties of BC shall not be construed to exceed those services specifically set forth in the IV. INDEMNIFICATION proposal. These terms and conditions and the proposal, BC agrees to indemnify, defend, and hold Client harmless when executed by Client, shall constitute a binding from and against any liability to the extent arising out of the agreement on both parties(hereinafter the"Agreement"). negligent acts, errors or omissions of BC, its agents, employees, or representatives, in the performance of duties II. COMPENSATION under the Agreement. Regardless of any other term of this Client agrees to pay for the services in Article I in accordance Agreement,in no event shall BC be responsible or liable to with the compensation provisions in the proposal. Payment the other for any incidental, consequential, or other indirect to BC will be made within 30 days after the date of billing. damages. Interest on the unpaid balance will accrue beginning on the 31st day at the maximum interest rate permitted by law. V. INSURANCE BC shall maintain during the life of the Agreement the Time-related charges will be made in accordance with the following minimum insurance: billing rate referenced in the proposal or Agreement. Direct expenses and Subcontractor services shall be billed in 1. Commercial general liability insurance, including accordance with the proposal or compensation exhibit personal injury liability, blanket contractual liability and attached to this Agreement. Otherwise,BC's standard billing broad form property damage liability. The combined rates shall apply. single limit for bodily injury and property damage shall be not less than$1,000,000. III. RESPONSIBILITY 2. Automobile bodily injury and property damage STANDARD OF CARE. BC is employed to render a liability insurance covering owned, non-owned, rented, professional service only, and any payments made by Client and hired cars. The combined single limit for bodily are compensation solely for such services rendered and injury and property damage shall be not -less than recommendations made in carrying out the Work. BC shall $1,000,000. perform the services in accordance with generally accepted engineering practices and standards in effect when the 3. Statutory worker's compensation and employers' services are rendered. BC does not expressly or impliedly liability insurance as required by state law. warrant or guarantee its services. 4. Professional liability insurance with limits of not less RELIANCE UPON INFORMATION PROVIDED than$1,000,000. BY OTHERS. If BC's performance of services hereunder requires BC to rely on information provided by other parties VI. SUBCONTRACTS (excepting BC's subcontractors),BC shall not independently BC shall be entitled, to the extent determined to be verify the validity, completeness or accuracy of such appropriate by BC, to subcontract any portion of the Work information unless otherwise expressly engaged to do so in to be performed under this Agreement. writing by Client. VII. ASSIGNMENT In performing construction management services, BC shall If the authorized scope of work includes construction act as agent of Client. BC's review or supervision of work activities or the oversight of construction, BC may, at its prepared or performed by other individuals or firms discretion and upon notice to Client, assign all of its employed by Client shall not relieve those individuals or contractual rights and obligations with respect to such firms of complete responsibility for the adequacy of their activities or services to Brown and Caldwell Constructors,its work. wholly owned affiliate. The presence of BC's personnel at a construction site, If the authorized scope of work requires professional services whether as on-site representative, resident engineer or to be performed in a jurisdiction in which BC renders construction manager, shall be for the sole purpose of professional services solely through a locally registered determining that the work is generally proceeding in engineering affiliate for purposes of compliance with conformance with the intent of the project specifications and professional licensing requirements in that jurisdiction, BC contract documents and does not constitute any form of may, in its discretion, upon notice to Client, assign its guarantee or assurance with respect to contractor's contractual rights and obligations with respect to such performance. BC shall have no responsibility for the services to such locally registered engineering affiliate. p:\wp\contracts\current forms\cl-1.doc\9/13/99/ks CL-L-TC (June 30,1999) Page 1 of 2 Brown and Caldwell/Client Standard Terms and Conditions (cont) 1. By Client. By written notice to BC,Client may suspend VIII. INTEGRATION all or a portion of the Work under this Agreement if These terms and conditions and the proposal to which they unforeseen circumstances beyond Client's control make are attached represent the entire understanding of Client normal progress of the Work impracticable. BC shall be and BC as to those matters contained herein. No prior oral compensated for its reasonable expenses resulting from or written understanding shall be of any force or effect such suspension including mobilization and de- with respect to those matters covered herein. The mobilization. If suspension is greater than 30 days, then Agreement may not be modified or altered except in BC shall have the right to terminate this Agreement in writing signed by both parties, provided further that any accordance with Article XV,Termination of Work. terms and conditions in any client authorization or 2. By BC. By written notice to Client, BC may suspend purchase order issued in connection or under the Agreement which are inconsistent with the Agreement are the Work if BC reasonably determines that working hereby superseded and shall be of no force and effect. conditions at the Site (outside BC's control) are unsafe, or in violation of applicable laws, or for other IX. CHOICE OF LAW/JURISDICTION circumstances not caused by BC that are interfering with This Agreement shall be administered and interpreted under the normal progress of the Work. BC's suspension of the laws of the state in which the BC office responsible for Work hereunder shall be without prejudice to any other the project is located. Jurisdiction of litigation arising from remedy of BC at law or equity. the Agreement shall be in that state. XV. TERMINATION OF WORK X. SEVERABILITY This Agreement may be terminated as follows: If any part of the Agreement is found unenforceable under 1. By Client (a) for its convenience on 30 days' notice to applicable laws, such part shall be inoperative, null and void BC, or (b)for cause, if BC materially breaches this insofar as it is in conflict with said laws,but the remainder of Agreement through no fault of Client and BC neither the Agreement shall be in full force and effect. cures such material breach nor makes reasonable progress toward cure within 15 days after Client has XI. FORCE MAJEURE given written notice of the alleged breach to BC. BC shall not be responsible for delays in performing the 2. By BC (a) for cause, if Client materially breaches this scope of services that may result from causes beyond the reasonable control or contemplation of BC. BC will take Agreement through no fault of BC and Client neither reasonable steps to mitigate the impact of any force majeure. cures such material breach nor makes reasonable progress toward cure within 15 days after BC has given XII. NO BENEFIT FOR THIRD PARTIES written notice of the alleged breach to Client, or (b) The services to be performed by BC hereunder are intended upon five days'notice if Work under this Agreement has solely for the benefit of Client, and no right nor benefit is been suspended by either Client or BC in the aggregate conferred on, nor any contractual relationship intended or for more than 30 days. established with any person or entity not a party to this 3. Payment upon Termination. In the event of Agreement. No such person or entity shall be entitled to rely termination,BC shall perform such additional work as is on BC's performance of its services hereunder. reasonably necessaryfor the orderly closing of the Work. BC shall be compensated for all work performed XIII. WORK PRODUCT prior to the effective date of termination, plus work BC and Client recognize that BC's work product submitted required for the orderly closing of the Work. Except for in performance of this Agreement is intended only for the termination of BC byClient for cause, BC shall also Client's benefit and use. Change, alteration, or reuse on � receive a termination fee equal to 15 percent of the total another project by Client shall be at Client's sole risk, and compensation yet to be earned under existing Client shall hold harmless and indemnifyBC against all g authorizations at the time of termination. losses,damages,costs and expense,including attorneys' fees, arising out of or related to any such unauthorized change, XVI. NOTICES alteration or reuse. All notices required under this Agreement shall be � by personal delivery, facsimile or mail to the BC Project XIV. SUSPENSION OF WORK Manager and to theperson signingthe proposal on behalf of Work under this Agreement may be suspended as follows: p p the Client, and shall be effective upon delivery to the addressed stated in the proposal. CL-L-TC (June 30,1999) Page 2 of 2 2 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 22, 1999 TO: HONORABLE MAYOR & COUNCIL FROM: Brent Sinclair, AICP, Community Development Director SUBJECT: Creation of, and appointment to, the Oro Valley Library Consultant Selection Committee BACKGROUND: Over the course of the last year, the Town of Oro Valley has been working with Pima County to explore the possibility of locating a public library on the 7 acre site situated immediately north of Town Hall. Staff has been working closely with the Library Technical Advisory Committee (LTAC), Pima County and the Tucson Pima Public Library District discussing issues regarding community needs, facility planning and integration with the Town Hall campus. At the July 21, 1999 meeting, the Town Council voted to approve the Request for Proposal for Architectural and Engineering services for Phase I of the Library project. More recently, the Town Council reviewed and approved the IGA with Pima County for the release of $2 million in bond funds that will go towards the construction of the facility. SUMMARY: The Request for Proposal was released September 2, 1999. Copies were mailed to those firms that have expressed an interest in the project and a legal notice was placed in the Arizona Daily Star advertising the RFP. The Library Technical Advisory Committee (LTAC) is now at a point that they are ready create a Library Consultant Selection Committee to review the RFPs and interview the short- listed candidates. The Committee, per the approved RFP, should be comprised of members from the Oro Valley Community Development Department, Pima County Facilities Management Department, the Tucson Pima Public Library, the Library Technical Advisory Committee, Amphitheater School District, an Oro Valley citizen, and a liaison from the Oro Valley Town Council. This committee will review initial proposals, determine a short list of firms, conduct interviews of short-listed firms, and make a recommendation for award of contract to the Oro Valley Town Council. At their September 2, 1999 meeting, the LTAC discussed the Library Consultant Selection Committee and put together the following list of members they felt should serve on the Committee as representatives for the above named entities: TOWN OF ORO VALLEY COUNCIL COMMiJNICATION Page 2 of 2 Seat Selected Representative Community Development Department Brent Sinclair Pima County Facilities Management Bob Lutgendorf Tucson Pima Public Library Pat Corella Library Technical Advisory Committee Richard Golombek Amphitheater School District Cathy Esposito Oro Valley Citizen Henry Suozzi Oro Valley Town Council Liaison Dick Johnson RECOMMENDATION: The Library Technical Advisory Committee, along with staff, recommends that the Town Council authorize the formation of the Library Consultant Selection Committee and appoint the above named representatives to the Committee. SUGGESTED MOTION: I MOVE to AUTHORIZE the formation of the Library Consultant Selection Committee, consisting of the above-named members, to review proposals and interview short-listed firms for the proposed Oro Valley Library project. Community Development Director Town Manager F:\INDNID\LMT\LIBRARY\LCSC.TCC TOWN OF ORO VALLEY 3 COUNCIL COMMUNICATION MEETING DATE: September 22, 1999 TO: HONORABLE MAYOR & COUNCIL FROM: Brent Sinclair, AICP, Community Development Director SUBJECT: Reappointment of Mary Glueck and Richard Underwood to the Development Review Board BACKGROUND: The terms of two members of the Development Review Board, a seven member advisory body to the Town Council, expired at the end of June 1999: Ms. Mary Glueck, Vice-Chair of the Board; and Mr. Richard Underwood. Both Ms. Glueck and Mr. Underwood have indicated their desire to be reappointed to the Board. SUMMARY: On Tuesday, August 24, 1999, an advisory board interview panel was convened to consider the selection of candidates for vacant seats on the Board. Mr. Fran LaSala, Council Member; Mr. Jim Vogelsberg, Board Member; and Mr. Brent Sinclair, Community Development Director convened to review the two requests for reappointment, along with an application from an interested citizen. The panel interviewed candidates for the 'wo expired positions and evaluated their responses to questions related to the Board's activities. RECOMMENDATION: The interview panel recommends that the Town Council reappoint Ms. Mary Glueck and Mr. Richard Underwood to the Development Review Board, to serve another two year term, effective September 22, 1999 through June 30, 2001. SUGGESTED MOTION: I MOVE to REAPPOINT Ms. Mary Glueck and Mr. Richard Underwood to the Oro Valley Development Review Board. This appointment shall be effective September 22, 1999 and shall run through June 30, 2001. ATTACHMENTS: 1. Letter from Mary Glueck requesting reappointment. 2. Letter from Richard Underwood requesting reappointment. / Z41--- 1 Co.• ity Devie pment Director ) ,1,4i de Town Marla!-r F:\INDIVID\LMT\TCC\DRBreappt.tcc . .1. ..:: _ ... . - _ . .. A. • A ', . Alli.:- yeo.............. LAM:SCATS, . . 4.f-.L....,.. ,--,-....1.--=4.03 wi. Et.t.•.--;;;;-. rc•-,17-. ze., Tr.':.Ab...- -1‘;.--''..-:-. A :).-7.`, 2 %. 2;frar-I Tom'= M.,. ."77,4V . -.szkli7 ?;11.as,..*., ' 17.4.4 ...< June 2 , 1999 Kathi Cuve i e,- Town of Oro Valley 11000 N. La Canada Oro Valley, AZ 85737 Dear Kathi , As per your instructions , : am writing to fcrnal l yr r_:ues another term on the Oro Valley Design & Review r Sincerely, 7,) -'7, .,(.,,,.-...... Richard K. Underwood `. 1 f -. .fif! J - �..� `` •!. y 0 +`% ,moi �I. :�i.j� %� - .tet 5l-- 1.......ar .44I, 4742 North Romero Road Tucson,AZ 85705 (520) 696-3223 FAX (520) 696-0314 License Number 81595-005 &C21-096971 www.aaatandscape.com Maa " u - , "i't CMS= al:07KM fa-WeiS -- -. ,„ MEMO TO: Kathi Cuvelier Town of Oro Valley 11,000 N. La Canada Dr. Oro Valley, AZ 85737 FROM: Mary Glueck 4 -5c0 3 T Fca_x_ 13009 N. Meadview Way Oro Valley, AZ 85737 DATE: June 2, 1999 RE: DRB Appointment I would like to continue to serve on the Town of Oro Valley Development Review Board for another two-year term starting July 1, 1999. Please let the appropriate people know so that I may be considered for reappointment to the DRB in a timely manner. Thank you. TOWN OF ORO VALLEY 4 COUNCIL COMMUNICATION MEETING DATE: SEPTEMBER 22, 1999 TO: HONORABLE MAYOR & COUNCIL FROM: Ainsley Anne Reeder Parks and Recreation Administrator SUBJECT: Award of Bid for Project No. OV-CD-99-01-A CANADA DEL ORO RIVERFRONT PARK DEVELOPMENT PROJECT and adoption of Resolution No.(R)9 9-9 5 Authorizing the Town to Enter into a Contract SUMMARY: This project involves the construction of Canada del Oro Riverfront Park, including, but not limited to, off- site paving, water and sewer connections, electrical, lighting, earthwork, grading, parking lot and service drive construction, restroom building construction, concession building construction, ramada construction, basketball and tennis court construction, fencing, landscape improvements, and irrigation. On Wednesday, September 1, 1999, four sealed bids were submitted for Project Number OV-CD-99-01-A Canada del Oro Riverfront Park Development Project. The bids were as follows: 4-L Construction $2,253,161.00 TG Construction $1,996,703.00 Lang-Wyatt Construction $1,837,500.00 Valley Crest $2,299,600.00 Lang-Wyatt Construction provided the lowest bid at $1,837,500.00 and met all of the submittal requirements as specified by the Bid Plans. The Landscape Architect's estimate for this project was $2,374,161.00. The total cost of building the park, including the construction ($1,837,500, as shown above) and the facility lighting ($236,200.00, a separate bid), is estimated at $2,073,700.00. Of this total, $1,250,000.00 will be funded from Pima County Bond Proceeds and $823,700.00 will be funded from the General Fund. STAFF RECOMMENDATION: A. Staff recommends the award of bid to Lang-Wyatt Construction, the lowest responsible bidder for $1,837,500.00; and, B. Direct staff to prepare a Notice of Award to the lowest responsible bidder and transmit the Notice and the Contract Agreement and Bond for execution; and C. Direct staff to issue the Notice to Proceed in accordance with the requirements of the Contract Agreement upon receipt of the Contract Agreement. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve the award of bid to Lang-Wyatt Construction, the lowest responsible bidder, for a total project cost of $1,837,500.00 for Project Number OV-CD-99-01-A Canada del Oro Riverfront Park Development Project; and to approve Resolution No. authorizing and directing staff to enter into contract with Lang-Wyatt Construction. OR I move to reject all bids for Project Number OV-CD-99-01-A Canada del Oro Riverfront Park Development Project. Attachments: 1) Minutes of bid opening, September 1, 1999 2) Resolution No. Parks and Recre tion Administrator D .: , ent Head Town Manager ' 0 0 0 0 0 0 0.::::.° 0 0 0 0 0 0 0 0; 0 O 0 0 0 o 0 0 0 0 o 0 0 0 0 0 0 .., 0 CD 0 0 0 0 0:>' CO N 0 C!) C." o ,= o) UC) Cl) 0 4, co ,n Cl) o C) }. 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W W d V RESOLUTION NO.(R)99-95 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE CONSTRUCTION OF THE CANADA DEL ORO RIVERFRONT PARK WHEREAS, the Town of Oro Valley has received bids for the construction of the Canada del Oro Riverfront Park; and, WHEREAS, the Town of Oro Valley desires to enter into a contract with Lang-Wyatt Construction, the lowest responsible bidder; and, WHEREAS, the contract should include, but is not limited to, off-site paving, water and sewer connections, electrical, lighting, earthwork, grading, parking lot and service drive construction, restroom building construction, concession building construction, ramada construction, basketball and tennis court construction, fencing, landscape improvements, and irrigation; and, WHEREAS, it is necessary for the preservation of the peace, health and safety of the Town of Oro Valley, Arizona, an emergency is declared to exist, and this resolution shall be effective immediately upon its passage and adoption. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: That staff is authorized to contract with Lang-Wyatt Construction to provide services for the construction of the Canada del Oro Riverfront Park. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 22nd day of September 1999. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney 15 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: SEPTEMBER 22, 1999 TO: HONORABLE MAYOR & COUNCIL FROM: Ainsley Anne Reeder Parks and Recreation Administrator SUBJECT: Award of Bid for Project No. OV-CD-99-01-B CANADA DEL ORO RIVERFRONT PARK FIELD LIGHTING PROJECT and adoption of Resolution No. (R)99-96 Authorizing the Town to Enter into a Contract SUMMARY: This project involves the construction of the Canada del Oro Riverfront Park field lighting, including, but not limited to, the supply, installation, aiming, and testing of field lighting systems for two softball fields and two multi-purpose I soccer fields. On Wednesday, September 1, 1999, four sealed bids were submitted for Project Number OV-CD-99-01-B Canada del Oro Riverfront Park Field Lighting Project. The bids were as follows: AJP Electric $258,000.00 Sturgeon Electric $260,419.00 Kimbrell Electric $247,719.00 Sellers & Sons Electric $236,200.00 Sellers & Sons Electric provided the lowest bid at $236,200.00 and met all of the submittal requirements as specified by the Bid Plans. The Engineer's estimate for this project was $285,000.00. The total cost of building the park, including the construction ($1,837,500, a separate bid) and the facility lighting ($236,200.00, as shown above), is estimated at $2,073,700.00. Of this total, $1,250,000.00 will be funded from Pima County Bond Proceeds and $823,700.00 will be funded from the General Fund. STAFF RECOMMENDATION: A. Staff recommends the award of bid to Sellers & Sons Electric, the lowest responsible bidder for $236,200.00; and, B. Direct staff to prepare a Notice of Award to the lowest responsible bidder and transmit the Notice and the Contract Agreement and Bond for execution; and C. Direct staff to issue the Notice to Proceed in accordance with the requirements of the Contract Agreement upon receipt of the Contract Agreement. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve the award of bid to Sellers & Sons Electric, the lowest responsible bidder, for a total project cost of $236,200.00 for Project Number OV-CD-99-01-B Canada del Oro Riverfront Park Field Lighting Project; and to approve Resolution No. (R)99-96 authorizing and directing staff to enter into contract with Sellers & Sons Electric. OR I move to reject all bids for Project Number OV-CD-99-01-B Canada del Oro Riverfront Park Field Lighting Project. Attachments: 1) Minutes of bid opening, September 1, 1999 2) Resolution No. (R)99-96 C\--1--s-------- -----1- -------.-cV,- - Parks and Recre ion Administrator lirI1 ugg, D-7 ent Head //o/ ` I 4 Town Manage 0 0 in a 0• N. W CD p m ) m .70 m E 2 4 r Y E- 4 ' E-4U 44z 44 0 z a,,, E"' a. CD V 0 ctts w z m w m m m W � .0 m 0 >- >— ia, w x °D N 0D 1 `\.41) a) 09\ [J., , �-i d V ; an ° n o W — ms o m o o 6. i sU > Q m ZyUW c m -CD • o z4 -1 Q M , 1/4 RS wQz � H zE-. ; \ c `r •UAO ; RESOLUTION NO. 0099-96 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE CONSTRUCTION OF THE CANADA DEL ORO RIVERFRONT PARK FIELD LIGHTING WHEREAS, the Town of Oro Valley has received bids for the construction of the Canada del Oro Riverfront Park Field Lighting; and, WHEREAS, the Town of Oro Valley desires to enter into a contract with Sellers & Sons Electric, the lowest responsible bidder; and, WHEREAS, the contract should include, but is not limited to, the supply, installation, aiming, and testing of field lighting systems for two softball fields and two multi-purpose/ soccer fields; and, WHEREAS, it is necessary for the preservation of the peace, health and safety of the Town of Oro Valley, Arizona, an emergency is declared to exist, and this resolution shall be effective immediately upon its passage and adoption. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: That staff is authorized to contract with Sellers & Sons Electric to provide services for the construction of the Canada del Oro Riverfront Park Field Lighting. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 22nd day of September , 1999. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney 1 TOWN OF ORO VALLEY I6 COUNCIL COMMUNICATION MEETING DATE: SEPTEMBER 22, 1999 TO: HONORABLE MAYOR & COUNCIL FROM: Ainsley Anne Reeder Parks and Recreation Administrator SUBJECT: Approval of Paul Edward's "River Mountain" as Public Art for the CANADA DEL ORO RIVERFRONT PARK SUMMARY: On July 1, 1999, the Tucson-Pima Arts Council (TPAC) placed a call to artist for the Canada del Oro Riverfront Park project.p ublic art A pre-submission meeting was held on July 15th and proposals were accepted through July 30th. The Public Art Selection Committee reviewed the applicants and selected three finalists on August 12th. The Committee heard presentations from all three artists and selected the sculpture "River Mountain"by Artist Paul Edwards for the final recommendation. Mr. Edwards' sculpture consists of a 10' x 20' wall with a 5' x 3' bronze casting of a scorpion in one of the upper corners. Included in the wall will be ports for viewing specific points of Pusch Ridge. Each port will focus on a specific feature of the mountain. (See attached detail.) The project will be constructed in accordance with all Town requirements to insure safety, ease of maintenance, and structural integrity. STAFF RECOMMENDATION: Staff recommends the acceptance of the sculpture "River Mountain" by Artist Paul Edwards for the Canada del Oro Riverfront Park public art project as proposed by the Public Art Selection Committee. FISCAL IMPACT: $20,030 (Approximately 1% of the project construction budget.) SUGGESTED MOTION: The Council may wish to consider the following motion: I move to accept the sculpture "River Mountain" by Artist Paul Edwards for the Canada del Oro Riverfront Park public art project as recommended by the Public Art Selection Committee. Attachments: 1) Minutes of the Public Art Selection Committee-August 31, 1999 2) "River Mountain"Fabrication/Installation Costs 3) Site Plan and Drawings 4) Paul Edward's Resume cl\--:. c - C' V -....? ______"—_-_,_, , ..,...—s- , _, Parks and Recreati Administrator / / D-•/ ment H:r d 'H1 Town Man.:er MINUTES OF THE TOWN OF ORO VALLEY PUBLIC ART SELECTION COMMITTEE For Canada Del Oro Riverfront Park and Date/Time: August 31, 1999 — 7:00 p.m. Participating: David Rigsby, Public Art Review Committee Representative Mimi Griffif, Art Educator Representative GiGi Miller, Public Art Review Committee Representative Harriet Hough, Citizen Representative Bill Cassarino, Project Manager, Pima County Parks Department Carmen Feriend, GOVAC Representative Mark Flickinger, TPAC, Facilitator Copies: Chuck Sweet, Town Manager, Town of Oro Valley Brent Sinclair, Community Development Director, Town of Oro Valley Ainsley Reeder, Parks & Recreation Administrator, Town of Oro Valley The Committee briefly discussed the process to be followed. Each artist would be given 25 minutes to present their proposal and answer questions. Since there were only 6 members present, Mark asked the group how they wanted to handle the ranking in case of a tie. After a brief discussion, the Committee felt it very unlikely they would have a tie vote situation, but in the event it occurred they were certain they could make a recommendation after further discussion. Niki Glen/Helen Helwig This team of artists proposed a monumental stone sculpture that would showcase hand- made clay and stone mosaics and included two stone benches. The composition included symbolic images of active recreation, family, the performing arts and the local flora, fauna, and petroglyphs of the area. The artists spent a few minutes reviewing their background and experience. They distributed a narrative, which included their proposed budget and renderings of the art. Helen Helwig explained the process of design and stated that they would like to involve the community in the design by holding community workshops. If this approach was not appropriate they could limit their input to the landscape architect, staff, etc. She commented that all of the tile pieces would be hand-made and would take approximately 3 weeks to make. She distributed samples of their clay tiles and described the type of clay and glazing used. Niki Glen commented that their artwork was very durable and long lasting. She described the size of the benches and boulders and explained that there would only be one boulder, but possibly two faces used for the imagery and tile work. The benches would be constructed of flagstone approximately 5" thick. They considered the possibility of sandblasting images into the flagstone bench and possibly attaching tiles to the legs. The artists briefly review their budget, would totaled, equaled $19,850. Glenn Schwaiger Mr. Schwaiger began his presentation stating that his intent was to develop a sense of community. He proposed a pedestrian entry archway. Hand-made ceramic tile depicting scenes related to the activities of the facility would adorn the surfaces of the arch. He presented the Committee with slides of his previous work. Mr. Schwaiger stated the arch would be 8-9' tall. The ceramic tile that would be used for the scene on the archway, would be of a durable quality that wouldn't fade or glisten in the sun. He reviewed the rest of the materials that would be used for the construction of the entire arch and presented a 3-D model of his proposal, along with samples of the tile. Mr. Schwaiger explained that on many of his previous projects, he incorporated the creative energies of local youth in the design and fabrication of the tiles. He stated this same option is possible for the Riverfront Park project, assuming the community is receptive. Mr. Schwaiger told the Committee it would take approximately 4-6 months to complete the project, due to his career and other projects he is currently involved in. He briefly reviewed his budget, which when totaled, equaled $19,745. Paul Edwards Mr. Edwards distributed copies of his proposal along with the estimated budget. He stated his theme was the celebration of the meeting of the City, the River and the Mountains. His proposal consisted of a 10' x 20' wall with a 5' x 3' bronze casting of a scorpion in one of the upper corners. Included in the wall would be ports for viewing specific points of Pusch Ridge. He explained these ports would help the community focus on a specific feature of the mountain. Underneath each port he would place a plaque explaining the view. The idea behind the scorpion was to introduce the natural wildness of the desert. The wall would be constructed of concrete block, 16" thick, with a gunite surface. Mr. Edwards suggested a "wainscoting" of handprints from residents and Town staff. The upper half of the wall would be trowled and textured. The entire wall would be a natural, earthen color. Mr. Edwards thought it would take him approximately 8-10 weeks to construct the wall, subject to obtaining a permit for the construction of the wall. Mr. Edwards reviewed his budget, which totaled $20,030. Discussion regarding the Presentations: David Rigsby commented that the first team of artists had 5 years of history working together, which he felt was a plus. The downside of the project, in his opinion, was the impression that the Town would not be getting much for $20,000. He did stress that he liked their artwork very much. In terms of Glenn Schwaiger, Mr. Rigsby liked the concept of an entry arch, but wanted a more interactive project. He was not excited about the symbolism proposed by Mr. Schwaiger. Paul Edwards had the best conceptual idea, and a more "hands-on" project. He felt the Town would get the most for their dollar. In looking at Mr. Edwards' budget, travel expenses and per diem were not included as in the others. He really liked the idea of including handprints on the wall and felt that would anchor it to the community. Bill Cassarino was concerned with the use of flagstone for the benches in the first proposal. He felt the flagstone was not strong on wear resistance. He was impressed by the team's use of detail on the boulders; however, the boulders proposed were not real big. He would have preferred they purchase fake boulders and provide more of them. Mr. Cassarino like the images and sandblasting that was proposed for the benches. The second proposal by 2 Glenn Schwaiger was disappointing due to the lack of benches. He liked the artwork and the idea. However, Mr. Cassarino was worried about the structure settling over time. He felt Mr. Edwards' p resentation was very intriguing, although he was not sure families would enjoy it as much as interactive art. The size and placement of the scorpion worried him and could be a safety factor. Mr. Cassarino liked the fact that this project included more architectural and engineering detail. He wished the first proposal provided more for the money because he felt it was more family oriented. Carmen Feriend shared Mr. Cessarino's concern with the use of flagstone benches in the first proposal; however, she was very impressed with their artwork. She also preferred benches with backrests. Ms. Feriend concurred that it didn't seem to be a lot for the money. She did not care for Mr. Schwaiger's ideas or symbolism, but she did like the interaction with the children. Ms. Feriend felt that Mr. Edwards' proposal was interactive with families and she liked his artwork. She wished that Niki and Helen's artwork could also be incorporated with this project, and the scorpion left out. It was her opinion that the scorpion was a drawback to the project. Mimi Griffif stated that she really liked Niki and Helen's artwork and felt the children would really enjoy it as well. She thought it fit with the area very nicely and liked the idea that the artists would work with the community. Ms. Griffif liked Glenn Schwaiger's idea but couldn't envision it in the park. She felt it was too garish. With respect to Mr. Edwards' works, she liked the wall and the ability to view the mountain, but she did not like the scorpion. She couldn't see the two ideas intermingling. Ms. Griffif felt the shadows that would be cast by the scorpion would be frightening. Gigi Miller expressed her disappointment with Niki and Helen's proposal. She felt they should be able to do more for the money. She like Mr. Schwaiger's idea and the arch, but didn't like the elements (balls/bat/trombone). Ms. Miller was intrigued with Mr. Edwards' proposal and stated that the community and the children needed something more sophisticated, like this project, that they could grow into. Harriet Hough liked the scorpion and the wall presentation. She felt it was a neat idea and would be a good learning tool for the kids. She didn't agree that the scorpion was threatening and felt it provided the children an opportunity to learn more about them. Ms. Hough was not impressed with Mr. Schwaiger's proposal. After further discussion regarding Mr. Edwards' proposal, the Committee questioned if they should contact him and ask him to change the scorpion. Mr. Rigsby asked if they were supposed to be selecting an artist or the artwork. He questioned whom the artist would report to after a selection had been made. His was concerned that if the Committee asked Mr. Edwards to make changes to the proposal, the Committee would not have any idea what the final product would be. Gigi Miller concurred that they would have no way of telling what the end product would be, especially if the artist received a lot of community input. Mark Flickinger replied that the committee could make a recommendation with a contingency. He explained that the artist would be working with the Town's Parks and Recreation Department. If the committee wanted a more hands on approach he suggested they negotiate with Ainsley Reeder, the Parks and Recreation Administrator to coordinate. Mark then asked the committee to rank each of the artists. He explained that the procedure 3 would be the opposite of the last meeting. The artist they liked best should be ranked 1 etc., with the best artist having the lowest score. The rankings were as follows: Paul Edwards 8 points Niki Glen and Helen Helwig 12 points Glenn Schwaiger 16 points Based on the rankings the committee concurred that Paul Edwards should be the recommended artist. Mr. Rigsby agreed that the scorpion was somewhat menacing; however, he liked the project as a whole, the way it was presented by the artist. The Committee discussed the size, finish and placement of the scorpion. It was suggested by some that the scorpion should be lower on the wall and made smaller. If that couldn't be done, it would help if the tail were lying flat along the top of the wall versus up in a striking position. Other members of the Committee liked the scorpion the way the artist presented it. After further discussion, the Committee finally concluded that the actual artwork should be left up to the individual artist and the Committee should not try to change'his ideas. Mr. Cassarino did state that he would meet with the artist to convey the Committee's concern and to get a better description of the placement of the scorpion. The meeting was adjourned at 9:40 p.m. Submitted by Linda Thompson, Administrative Assistant 4 "River Mountain" 30-Aug-99 Public Art for the Canada del Oro Riverfront Park Fabrication/Installation Bid i Notes: 1. Wall to be constructed of double thick (16") masonry block. 2. Sculptured wall surface to be carved shot-crete 3. Scorpion to be 1/4" rusted steel plate Item Art 1Component Sculptural Elements Unit Cost/SF!Extension General Conditions Mobilization & Demobilization 0 2500 $0 Loading & Transportation to field 0 2000 !$0 Field e.ui•me nt rental etc. 0 3500 $0 Field Finishing (clean up) 0 ! 2500 !$0 1 I Field trips & travel costs (fabricator) 0 1 4000 $0 Concrete block wall 1 5675 1$5,675 ;footing 3'w x 1' thk 0 200 1$0 (wall 10'h x 20' I x 16" 0 2750 ;$0 Scorpion (fabricate) 1 1 77 5 '$1,775 !Sandblast 1 200 $200 Install 1 1 900 '$900 Bronze plaque (fabricate & install) 6 40 1$240 _ Engineering 'Structural (footings, etc.) 1 800 1$800 Project Admin./Shop Drawings 1 950 !$950 Shot-crete 1 3500 1$3,500 Sub Total-fabrication (labor & materials) & installation 1$14,040 Ii I Miscellaneous Architectural Drawings 1 1500 :$1,500 Project Administration @ $65/hr 6 65 1$390 Miscellaneous Privilege Tax License (30 day Temporary) 1 25 !$25 1 Sub Total Miscellaneous ' 1$1,91 5 Project Sub Total ;$15,955 Profit & Overhead @ 20% $3,191 i Project Total 1$19,146 Mark-ups Contracting Activity Tax (City, State & County) Desi.n Contract $27,000 + Addendum Total $19,146 35% Deduction !$6,701 Taxable amount !$1 2,445 This Contract (Project total-35% x 7.1% 1$884 i I GRAND TOTAL ($20,030 Page 1 PAUL T. EDWARDS ARTIST July 30, 1999 Public Art for The Town of Oro Valley Tucson/Pima Arts Council 240 N. Stone Ave. Tucson, AZ 85701 RE: Proposal for Public Art for The Town of Oro Valley Dear Review Committee: My approach to public art has always been the same even as the resulting pieces are different and unique. My work is site specific. This means that my thinking is influenced by the physical and cultural context of a particular place and time. I relish the challenges offered by each individual site and I try to capture the spirit of an idea or a place in a way that engages the viewer and encourages viewer participation. I am most inspired by projects that interfuse public art with fundamental infrastructure needs such as transportation, water treatment, parks, libraries and other public facilities and do so in a way that engages the imagination and gratifies the spirit. My work is interactive and defines space. The viewer walks through, looks over, touches, moves around and through the artwork in a way that provides different perspectives of the piece and of the space that it occupies. I design my work to provide this spatial, physical experience while at the same time evoking emotional responses from the viewer. In this way my work is made complete by the participation of the viewer. I keep an open mind prior to visiting each site and then I immerse myself in what is actually there. I consider the history and the cultural meaning of a place. I use natural elements as a central force in my design. For instance, here in the southwest the sun has played a major role in my work (see slides 1-4 and 19-20). I believe the message of a sculpture should be inherent and easily understood by the people of a place. I often reach out to those who will live with the art every day, asking for input, encouraging them to make it their own (see slide #9). "Silver Linings" at the Tucson International Airport is both a freestanding sculpture and a functional piece. The design competition called for a divider that would separate departing passengers from arrivals. Also, the divider could not inhibit security efforts by obstructing the view nor could it cut off the limited daylight available to the concourse. The project for Kino Veterans Memorial Sports Park entitled "Play Ball" (slides 12-15) i s perhaps the best example, from my work, of how a project can be enriched by input fro m individuals other than the artist. The design concept was developed and refined after considering comments and ideas from neighborhood and community groups, the selection committee and the architects. I understand costs and materials and I have the skills to create accurate construction documents and specifications if required. Since I have worked with a broad range of media I am especially capable of responding inventively and appropriately to the aesthetic opportunities offered by different situations as well as to the practical requirements (durability, maintenance. fabrication cost, etc.) imposed by them. • Tucson, AZ 85701 • PAUL T. EDWARDS ARTIST Ideas for the Canada del Oro Riverfront Park My visit to the site of the Riverfront Park provided the inspiration for my public art concept. The image that had the most impact on me was that of the eastern skyline which is dominated by the awesome, monumental presence of the Santa Catalina Mountain range. In addition to the physical presence of the mountains, the close proximity of the river to the Town of Oro Valley, with the certainty of future growth, suggests a theme related to man's interaction with nature. This is a place where the city meets river and mountains. Here, the man-made environment meets a riparian environment. The ordered, predictable, manicured, domesticated and safe urban milieu meets the untamed, primitive, wild, unpredictable and dangerous realm of nature. My idea is to sculpturally represent the meeting of these two forces and to enhance the users' appreciation of each. The major sculptural element would be a wall-simple, elegant and powerful, evoking memories of ancient cultures as well as modern constructions. A wall represents the man-made, ordered, urban side of the dynamic. Mounted on the wall or cast into its surface (as done at "Many Color Mountain"), I propose an image of a scorpion, coyote, snake, javelina or other wild creature. The creature(s) would evoke the untamed realm of nature; its presence on the wall celebrating the drama of the interplay between man and nature. The wall would be thick and massive in scale, constructed of rammed earth, gunnite (see slides #3, 4 & 5) or split face block (see slide #1). The wall would be penetrated with view ports oriented to that natural wonder that is the Santa Catalina Mountains. These view ports would be narrow slots, tubes, or portals cut through or cast into the thick wall, guiding the eye to specific peaks, canyons and other significant topography on the mountain. Each view port could be labeled with the place name and other significant data about the view. Imbedded into the surface of this wall might also be an actual piece of rock or other artifact taken from each area being viewed so as to aid in mentally transporting the viewer to that place. In addition to functioning as a sculptural viewing center, this wall could have a location conducive to functioning as a kiosk for park users who wish to exchange information. The actual location of the sculpture within the park will be coordinated with the landscape architect to determine a suitable site that works with the intended functional design of the park and provides the best available views. Thank you for your consideration, Paul T. Edwards •Tucson, AZ 85701 • PAUL T. EDWARDS, ARTIST EDUCATION 1976-1981 Bachelor of Architecture, University of Arizona REGISTERED ARCHITECT 1985 #18905 State of Arizona AWARDS 1988 SC/AIA Design Award, Old Pueblo Museum 1990 CRSI Design Award, La Puerta de Las Catalinas 1998 Arizona Masonry Guild "Golden Trowel Award" for The Estates at Honey Bee Canyon EXHIBITIONS 1993 Meliora Architectural Gallery "Retrospective" 1997 Tucson Pima Arts Council Gallery "Public Art in Transportation EMPLOYMENT 1988-Present Paul T. Edwards, Architect 1987 Precedents, Inc. 1986 Design and Building Consultants Inc. 1985 Richard Fe Tom Associates 1984 JNC Companies 1983 Collaborative Design Group 1982 Robert L. Nevins, Architect PUBLIC ART PROJECTS Public Art Administration and Planning Experience 1995 Pima Community College Administration Building Art Master Plan Design team member with Burns +Wald-Hopkins Architects 1994 Tucson Pima Arts Council Public Art and Community Design Committee 1994 Tohono Tada:i (Desert Roadrunner)Transit Center Tucson Department of Transportation Design team member with City of Tucson Architect 1991 Public Art Plan for Metropolitan Tucson Tucson/Pima Arts Council Consultant and Opportunity Survey Team Leader for Privately Funded Public Art PUBLIC ART PROJECTS Completed Sculpture and Art 1997 Sand Trout (with Chris Tanz) Stainless steel plate & rods with diffraction grating Tanque Verde Bridge over Alamo Wash Tucson Department of Transportation •Tucson, AZ 85701 • PAUL T. EDWARDS, ARTIST Page 2 1997 Silver Linings (with Vytas Sakalas and Chris Tanz) Acrylic paint on plasma-cut aluminum Tucson International Airport, West Concourse, Tucson Tucson Airport Authority 1996 Play Ball (with Chris Tanz) Laser cut steel sculptural grills enclosing courtyards Kino Sports Park and Recreation Center 1994 Na:nko Ma:s Du'ag Son- Many Color Mountain (with Chris Tanz) Gateway to Tucson Mission Way and Ajo Road Tucson Department of Transportation 1994 Sun Circle (with Chris Tanz) Rillito River Park,Tucson between Flowing Wells and La Cholla Pima County Department of Transportation and Flood Control District 1998 La Puerta de las Catalinas Entrance and gates to luxury subdivision at Hacienda del Sol Road, Tucson 1986 Old Pueblo Museum (with Rory McCarthy) Sculpture, entry and interior architecture Foothills Mall, Tucson PUBLIC ART PROJECTS Design Team Consultation and Art Implementation Experience 1996 Gates Pass Overlook (with Chris Tanz) Integrated Public Art Pima County Parks and Recreation Department Design team member, with CDG Architects, Ltd. 1994 Captive River (with Chris Tanz) Julian Wash River Park Pima County Department of Transportation and Flood Control District Design team member with The Planning Center PUBLIC ART PROJECTS Sculpture and Art In Progress 1996 Water to Water (with Chris Tanz) An interactive water sculpture of stainless steel/copper Scottsdale Cultural Council, City of Scottsdale, AZ Scottsdale Water Campus 1996 Wall Projects: Booster and Pump Stations (with Chris Tanz) Iron gates, sand blasted art in block, laser cut steel Phoenix Arts Commission, City of Phoenix, AZ 1995 First Avenue (with Chris Tanz) Sound mitigation walls and sculptural retaining walls Pima County Department of Transportation and Flood Control District Design team member with Cella Barr&Associates :a •Tucson, AZ 85701 • PAUL T. EDWARDS ARTIST • Tucson, AZ 85701 • 1 Sun Circle 1994 Rillito River Park, Tucson, Arizona Height: 7' Diameter: 50' Medium: Masonry - Flagstone and concrete block Budget: $35,000 1 . A ceremonial structure for observing the patterns of the sun's movement along the horizon over the course of the year. The design alludes to the ruins of a great kiva constructed one thousand years ago at Chaco Canyon. The eight curving walls imply a circle. Six of them orient to the positions of sunrise and sunset on the solstices and the equinoxes. Sunset on the Spring Equinox. Small ports in each wall allow sunlight to pass through and climb the marked track on the opposite wall. The walls project into kiva-style seating for the bikers, joggers, and walkers who use the park. Here we seek to connect modern inhabitants of the region with the people who lived in the area a thousand years ago and used these solar patterns as a calendar, and with contemporary astronomy and archaeology (two disciplines that are very prominent at the University of Arizona) which together have made discoveries about the ancients. 3 - 5 "Na:nko Mass Du'ag Son" (Tohono O'odham for "Many Color Mountain") 1994 Gateway to Tucson Ajo and Mission Road Intersection, Tucson, Arizona Height: 16' Length: 90' Medium: Concrete masonry with an overlay of gunnite, copper, and paint Budget: $55,000 3. The competition called for a gateway to Tucson, to be constructed on one corner of a busy intersection and to be viewed primarily from moving cars. We began with Tucson's cultural origins and with its location in the center of a ring of mountains. The sculpture consists of two rows of towers, each evoking the silhouette of a mountain range. 4. The face that is visible as one approaches the city from the south is dark, recollecting the source of Tucson's name in "Cuk Son", the term for "black mountain" in the language of the indigenous Tohono O'odham people. As one comes closer, and eventually alongside, other faces of the towers are revealed - orange and pink, the many colors of the local mountains... 5. Because the sculpture is sited near a park and a public library we included some pedestrian features as well. Between the two rows of towers there is a pathway through a "canyon". Slide Identification Sheet Page 1 PAUL T. EDWARDS ARTIST • Tucson, AZ 85701 • 7 - 8 Play Ball 1996 Kino Sports Park and Recreation Center Country Club Road at Ajo Way, Tucson, Arizona Size: 2 grills- 10' X 26' Medium: Laser-cut steel, paint Budget: $20,000 7. Recreation Center with grills enclosing two courtyards. Some members of the community asked us to create a design that would reflect the neighborhood's ethnic diversity and promote unity within it. Others asked for a departure from the traditional iconography of ethnicity. We looked for some other way to express the theme of unity i n diversity and found it in balls, varied and distinct in their "topography" but united i n their roundness and their association with lighthearted play. This view shows the silhouette from the inside courtyard. Note shadows. 8. We also incorporated the ball that makes us spin around - the earth. 9 Silver Linings 1996 (with Vytas Sakalas) Tucson International Airport, West Concourse, Tucson, Arizona Size: 70' x 6' Medium: Acrylic on plasma-cut aluminum Budget: $30,000 9. A concourse divider made of plasma-cut aluminum panels with cut and painted clouds and mountains. Like much of my work this piece is animated by viewer interaction with the art. The design exploits the upward slope of the concourse itself to contribute to its imagery of flight. At the entrance to the concourse the clouds are relatively high. As people go up the concourse they gradually rise above the clouds, just as they do in take- off. People who are de-planing enter at the high end of the ramp. As they descend they gradually reach the level of the base of the mountains just as they do when landing. The mountains are an accurate representation of the "Tucson Mountains" as viewed from the control tower. 1 0 Sand Trout 1997 Tanque Verde at Rose Hill Wash, Tucson, Arizona Size: The fish are 4' long. The sculpture is 11' tall, 20' with pedestal. Medium: Laser-cut steel, diffraction grating, stainless steel rods, turn table, sand blasted concrete Budget: $25,000 10. A regional myth made tangible, the sculpture, rising out of a dry wash on either side of the bridge, consists of two mobiles of four "sand trout" each. The fish are made of stainless steel plate and are suspended on rods of stainless steel. Their surfaces are a mylar film of diffraction grating laminated to the steel to catch and refract light like the scales of rainbow trout. The fish move and shimmer in response to the wind. Plaques on both sides of the bridge identify the fish as "Salmo harenatus", sand trout. Slide Identification Sheet Page 2 , ,,,,,....,..1.._:•7.,: _.'..---— :4:;‘g..--'''-27.:i...5-!"-:7-it":-;7 2---!**•1":,------':-:-.f......:--'-:-. .;',7 ,-;';-----1,-' -,- ...I CA, ...J ,...1! T.,,-...--,.._-•-.. --1,........z.:_-_,_,,..-:_,_;-:,,_,....i.,-,,....::„,...,-1,..-_,--.7, rCZ = ..• - , , ,,,,.--; --77 ---.-:-.-Z. -,•-_-- ,-- -_...:,ii:. :..---.... 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II .1 r\ 1 .. ,.., .-- 1 ,_... ...): C7 t-.....,...„..,..44-._.4...&•_____-„•-i.,... :r ..• 1 I TOWN OF ORO VALLEY 7 COUNCIL COMMUNICATION MEETING DATE: SEPTEMBER 22, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: Ainsley Anne Reeder Parks and Recreation Administrator SUBJECT: Approval of Dayton Claudio's Lobby Wall Painting as Public Art for the DEVELOPMENT SERVICES BUILDING SUMMARY: On July 1, 1999, the Tucson-Pima Arts Council (TPAC) placed a call to artist for the Development Services Building public art project. A pre-submission meeting was held on July 15th and proposals were accepted through July 30th. The Public Art Selection Committee reviewed the applicants and selected three finalists on August 12th. The Committee heard presentations from all three artists and selected a lobby wall painting by Artist Dayton Claudio for the final recommendation. Mr. Claudio's proposal is a cast bas-relief painting to be placed on the lobby wall. The 6'x 22' mural will consist of smaller sections approximately 2-1/2 ft. square. The texture will be molded from rock and relevant artifacts. The imagery will suggest desert sky, water, dry creek beds, geological formations and Tohono O'Otam basket design in the form of the Sun. (See attached detail.) The project will be constructed in accordance with all Town requirements to insure safety, ease of maintenance, and structural integrity. STAFF RECOMMENDATION: Staff recommends the acceptance of the lobby wall painting by Artist Dayton Claudio for the Development Services Building public art project as proposed by the Public Art Selection Committee. FISCAL IMPACT: $13,000 (Approximately 1% of the project construction budget.) SUGGESTED MOTION: The Council may wish to consider the following motion: I move to accept the lobby wall painting by Artist Dayton Claudio for the Development Services Building public art project as recommended by the Public Art Selection Committee. Attachments: 1) Minutes of the Public Art Selection Committee—September 2, 1999 2) Lobby Wall Painting Budget 3) Project Description 4) Dayton Claudio's Resume Parks and Recrea on Administrator D- •. ment Hea. Town Manager which would be coated with a suitable varnish. Mr. Claudio stated that he would listen to feedback and incorporate ideas the Committee felt important. The mural will be 6' x 22' and can be framed with molding, the same type of trim that will be incorporated in the building, finished with concrete edges. He felt it would take about 2-3 months to create the mural and one day to affix it to the wall. Mr. Claudio stated that he would guarantee his work for 1 year, and the artwork had a life expectancy. He briefly reviewed his budget. which totaled $13,000. Nina Borgia-Aberle The artist proposed to create a ceramic tile mural for the lobby wall. Wooden niche boxes would be inset in the mural, and could contain a variety of cast bronze and brass plated objects. The images on the mural were in the form of a collage, consisting of a topographic map of the area, along with images from blueprints of a variety of Oro Valley projects. The objects that would be placed in the niches would include trade tools (engineering, plumbing, carpentry) and natural objects such as rocks. The mural will be 6. x 16' with a minimum of 8 niche boxes. Ms. Borgia-Aberle briefly described the materials she would use and the process used in transferring the topo and bluelines onto the tile. The colors would basically match those found on the topographic map, with the exception of the white, which would be muted to a softer tone. The niche boxes would be constructed of indigenous woods. Ms. Borgia-Aberle's budget totaled $13,000 for the project. Niki Glen and Helen Helwig: Helen Helwig distributed a sketch of their proposal along with the budget. She explained that Niki could not attend tonight due to a previous commitment. Their project consisted of a hand-made clay mosaic mural depicting community service as it related to the Town of Oro Valley. The mural would have a unified color scheme, creating a feeling of harmony and community. Ms. Helwig commented that stone and local river rock could be embedded in the ceramic tile mural to create an interesting composition. The overall design would include nature and the activities of the development services building and the community residents. Ms. Helwig explained the surface treatment used on the tile that seals and highlights the texture. The tiles would all be irregular shaped tiles and it would take approximately 3-4 weeks to make them. The entire project would take about 4 months to complete. Niki and Helen's budge totaled $12,830. Discussion regarding the Presentations: In to response Dayton Claudio's work, Harriet Hough commented that she loved the p Yt texture of his work. She thought that when viewed from different angles, different perspectives would be seen. Ms. Hough liked the tiles presented by Nina Borgia-Aberle. She liked the idea of showing Oro Valley and the surrounding area on the topographic map. Ms. Hough liked Niki and Helen's concept and the feel of the tile. Gigi Miller was impressed with the idea and vision presented by Dayton Claudio. She also was intrigued by the concept of the water shaping the land, but not being seen. The variety of textures and materials was a plus. Ms. Miller felt that Nina's proposal was clever and appropriate.ro riate. The tiles would be very usable and easy to maintain. Ms. Miller liked 2 Helen and Niki's work but felt the tiles bordering the mural were distracting. She also questioned the jagged shape of the mural. Mimi Griffif was fascinated with Dayton's work. She felt it was very innovative, unique and spiritual. It provides a piece of work that can be interpreted in many different ways and really stands out. Ms. Griffif thought Nina's idea was well thought out; however, it didn't project the same artsy feeling that the first proposal did. She felt it was too precise and calculated. Ms. Griffif like Niki and Helen's work, especially the upper half of the mural and the relationship to Pusch Ridge. She agreed that the shape was too choppy and she wasn't sure where to look. The mural seemed too busy. Ms. Griffif commented that she was drawn to Dayton's work. Gary Chandler expressed some concern with the colors used by Dayton. He wasn't sure they were appropriate for this area. Nina was by far his favorite and he liked the concept of the topographic map. However, if he had to work with those types of maps and bluelines all day, he wasn't he would feel the same way. Mr. Chandler liked Niki and Helen's tile, but thought the mural looked incomplete and broken up. He felt Dayton's mural was the nicest. Carmen Feriend was fascinated with Dayton Claudio's presentation. He was very willing to explain his proposal and how he created the textures. She felt the colors were wonderful and that the project would represent something different to everyone that looked at it. Ms. Feriend liked Nina's concept; however, if she had created the maps herself and then transferred them onto the tile, she would have liked it better. She felt the artist relied too much on already existing material. Ms. Feriend thought Niki and Helen's proposal was gorgeous and very safe. Dave Rigsby concurred with the previous comments in regard to Dayton Claudio's work. The concept of the water shaping the desert, without actually being there was great. He felt it was a beautiful abstract piece and included a lot of great textures. He too, thought the colors were great, but reflected the San Diego area more than the desert. He was very pleased that the artist stated he would adjust the colors. Mr. Rigsby was impressed by the size of Nina's proposal and like the concept of the topo. He was concerned with the colors and felt it would take a lot of work to pull the project off. As a collage, he didn't like the placement of the insets and felt they were too arranged. Mr. Rigsby loved the tiles and texture of Niki and Helen's proposal; however, he thought it was the weakest of the concepts. They seemed to have glommed onto everything they thought of and there was no true theme to the art. He was concerned with the scale of the work and was afraid they would stretch it trying to make too little go too far. Mr. Rigsby stated that art should be bold and grab you. Mark asked the committee to rank each of the artists using the same scoring system they used on Tuesday night. 3 The rankings were as follows: Dayton Claudio 6 points Nina Borgia-Aberle 17 points Niki Glen and Helen Heiwig 13 points Based on the rankings the committee concurred that Dayton Claudio should be the recommended artist. The meeting was adjourned at 9:25 p.m. Submitted by Linda Thompson, Administrative Assistant 4 Dayton Claudio Chico, CA 95973 http://members.aol.com/Dayton1759/index.html BUDGET Photo Documentation Color, B &W Prints, Slides $300.00 Liability Insurance 1 Year, $1 million $1,000.00 Travel/lodging Supervise installation $500.00 Shipping Chico, CA to Tucson,AZ $1,500.00 Installation Subcontracting Labor $2,000.00 Artwork Materials,labor, artist fee $7,700.00 Total $13,000.00 ORO VALLEY ART PROJECT .'. .• _. _ . " •,. L ....x ,... •,.._ _ :a - +,Ya ^ ' .a .bs '� ' :..s . -. ' At 74 6 nV k,� . :i....,',;;,':-?;-0. r '. ', .4., .'e:; ' •y ` i as i: '& ,..,21,:7',". rt, .',- -,..,•.,,,,-..):,:....,• 5 f ^ •* �iAe. :{ *p' . ...s-' `' ,` n i 45 ; � ,..,..,..„,,,,,•,...,,4,..,,,/..,,,..,..-,.„.,. r 'i r{ "--7,.,,''.,' '?" ! .R= 7_ -, --1. ,.,„. . `... r._. � , S i���'� � � Tta ;r i ri '' a' •w. r .< w, .. 4r14 - ►...... ., 4: „ a . - 7. il.y 7 T Y " 4a_ rr .a—Y.Sa t , '1'-.3 ' .7. S,r,p-r q ` t '' 14 -Y ' . ttJs ycsrYY ,--,,•.,,,t1„:_'. , ' fi � i ', ' -,_,,, ;'h,' yes . r' R � it... `ay 1:,40., a � IPP . 'k -Aii... ,. , ,. j ''', z;---;._-.-4.-....-. ,---'-': ' - Ti ` cai .� ''' 4 3.,_ „ „w, a cxA , y "�y" -Ai af� . �"!'' '. a .r � ` Yai!Pi v . !. „+, • j•R. X rt i im4f i ,Y f y ' e t., ' ..e.i._._ ..- ..... - ,,,, ..--- . - ,,, ' • .-. . . , - - - -. . N. '''w• V I't...i 14L A___. ,:-;•-•,, 14..... - , ' '----- ‘. '',#:•.;,„ „. . t ,,,,r. ,^ - '� �le { h e o % •.• 1 ,, t• i ;d. SST a` a t 'y, h?C• _ "t ': a 'ar��ieFd YNx ' r , ik, , . .... - ' _ oger.t.ti'11"-`:;-. ' r _ , ,,,,7% - •• c s Dcayton Claudio 2619 Cecanothus Ave Chico CA 95973 TEL/FAX(530) 343-2901 ORO VALLEY PUBLIC ART PROJECT Dayton C/audio http://members.aol.com/Dayton1759/index.html "F,',•-.-,:., .r.'k.- d l�. ";.'.. � .: 7. .�•,'F.,tl'.t F' -t;.lbit5,.. 'LS ria..T vt •x• ::a• .H:: ..,.. {.,,., ,.. ,i -.xf6,�:�:, ?�nT...:..2'"B.u'}. -•+AK...a~,.{..•Jr,' `?t/ R :'��` .<•..r :+'- }`: :.;F 'r'+ ?>„<-•'s..Jttr' "..._- .n..."�f�a..�Y.."fes.., 2 ,'�r�.....,.: ra, .r ,�r«Rw�:',.5.•'�t�.:..,r.f'ticSec^.,......'.`t'.�r:r.cr`',..•' `':i'r�-,�`^'�`,<t t t:J':�"�'` :i s2'^..,. ,7p. a��i cl... .,,it..;..+t,_ ..,r xvG,2',..� j .,. ,... ,<S,t^' ^,'.r _r7oY .v •o.. . .q ,F., , '7 '"7 yE,+;.,�" .. .,_ r....•:�.•::.'�..�« � +t�31, .%--:t »i.'''�.-, r. '.}. .tai•, q ::+ '3•e.: m\.'i 3 ':^e ?...aS•J'" x. .F... ,' .F. .,, 'S•. t _ rX �r ,,v,, F -..t•- }sl,, q liy (y . 4-xf�'St+a`6.1Y.'H!►.:a•.YS .•"Ii,/v's.u'%.-'"+fl,. ��S� ..`•��•Dt:l,t`if �`Y!,'dl'�u,.r...,..S tiT1i?�i,iFK..I.a~I,•.3YY....v .v_3F� A�{j yyiiiayyyyw,]• 'Th, f� a 1,y�'.. i 'h G.-\ /` � ��RSir1..�,.ltM?)to .S .t ..iAS�!�'y1'.'•�,.ili�..1 .`Y f`..7`E,it:......'hA`'{ ,. I am interested in this project because I would enjoy the opportunity to contribute to the art and culture of your community. For this site I propose to create a cast bas-relief painting to be placed on the Lobby Wall. The painting will be composed of smaller sections approximately 2 1/2 ft. square. The texture will be molded from rock and relevant artifacts. The imagery, emerging from this surface,will suggest desert sky,water, dry creek beds, geologic formations, and Tohono O'Otam basket design in the form of the Sun. I want to give a sense of the uniqueness of the SouthWest environment and culture, a sense of time and motion shaped by the Sun and Wind. If selected I will enjoy collaborating with the project architect and design team in the conception and installation of art for this project. }, ;,wa} r ai••:5..., a...p: `„ty r'•w:Yr.'a '"fr., . ^f. 'rY,- tfi".P Y; ..1„+, -r`F Y`r"• s '�', ';G:''::..,," M.'$, {y. .v,._ sAt,c. 3.v . b,•y r , ir,• `,`' •..y4o..1• t`: ►i.y :,}.f �'Yt'•T. -,`Y,...2, t/�Oc�-!r�}� ` .t; ..`'� t-.f .+. �`. gg r;•-�.d ',� � ;�a .ov, y t' h.b�.+.ry. rs'•a,, i i':<..�SStti a. '"� .rn?.frr. 't »: :�'r ti!� �y,;�.+ -a'T'�3�•y .�.,.,x�..� 1'.• x�.x�n.. .��i�;r<'i=.:{Six .i;f'.�.� �,- ":b.•,.'�"l+.: ss f,. n YDS n,o t„:t='"h.�r, !�S :r?€'`r`L r�}}���jy..��..,Y,.. .1, .�_,_`�_ S .. .C'n.w..J...r, _r... i iP�'•yz f9FFS�wiC� :1'Atji2i t-7"'• .4:i'N.ih� ': $Jt"k4 ��S'tI'��a The panels will be constructed of a glass fiber reinforced concrete over foam laminate. This system is extremely durable and lightweight. The concrete formulation I use is composed of Rapid Set® and Hydromenz® (acrylic admix). I use pure acrylic, artist grade paint and the final work is coated with a suitable varnish. The artwork will be attached with OSI 0B-300 construction adhesive. :,.. � ,r...• ..;.f,._:..s a.«'•�..,�� r<! F..v ':cr..tlfc... 'yy.}.>.�'s�syt.t&</<:r� 'V„tG. ' -S:r.w pit Y,t,�.,.a "< .r.x �sii- ,. ... .... ..-t... ....,,._..,..:\,.....•. t'..�:5,. :°e��Swr'3�.:,', ,Y ,.<br.,�'.-.L.'\, •. ... �` Y3i1�$. 3S.4w,...,31i?n�Y 1„iY;:j,.<r.:S-Yr:`..4.th,,,ii.Y.:.:i��;b._w-.Y.LW.e.? . There is no maintenance required other than an occasional dustin•. r ';.1x v t "s.hi.%F t Ft•,:i.:it'.t11,.,+: :Ef?"ii'.+` 'i.t$e`•`a .v"•`. :".,+,K.• re. t f ,4 • ..:.P,t,yn.•.i1=.,bf.„sT-.ti,i.:a.�.T.,�4t{€i.,.:p.:-;,ti._:^�tz-'_:.+..��-�$�i`cz�.��Y�:�..•v�.�< --�.�.F�;±.•�.,s�x�.r".'.,�...':An'.'.�yy,j,;�-.syt.�s`si v-..A,M5.`:a.:.:.h+A,i1,,C�3}y9it��•':jf•^.;�?F€�,».ztiss_'s'M•°.'��,�'dYt!�YkyB.Ay�',.1pti`;tt�>^'C,T,lrh{ny:fiamia,?-J`yC'yy1�'.''1�,vry.+J}`r'G.J'.»,t.''�'t',3 iy it�k�.rM.�,k'S1l$.llNSy+`'.M:gaat^.:�K,y�.KSY,$Ua G�'S�1•'.y7�:9:y.YS'D•`�}:4'F�t^£�s�O,-J�;^V1ry y , .-l1CN:.�.4x4.cw�,'a^:+•-,._.,'�1,',......i��i"'nk..wY 1.�.�uF:.t-t�.1h,4.*•”;".rI-,w a kstCy.,',+t,.PyyQ}s,'•.,r,'v.,;!P,'{x..'/YYS:tTr,r a1t.✓.!..�r55W.�,,&.„Y,,°°”, „ i`... • In 1994 I was awarded a percent for art project through the Chico Fine Arts Commission for the newly constructed Downtown Parking Structure on Salem Street in Chico. This work responded to the community' s desire to capture a sense of the area' s history and natural environment. The following year I received a Sacramento Metropolitan Arts Commission for the Mather Airfield Project. Through personal research and collaboration with community members this piece embodies a sense of military aviation history. Casts from aircraft parts emerge through the surface of this work. In 1997 I completed the Union City Civic Center Playground Wall. It was the result of a very successful collaboration with architect Robert Mowat,members of the City staff, Community and myself. I selected the location and size of the wall constructed for this project. This work acts as a focal point in the area as well as a boundary for toddlers and reflects the area' s history, agriculture and diverse cultural past and present. I have created two works for Endangered Species Store Inc. One was a floor installation piece located in Myrtle Beach, South Carolina in 1997 and the other was two exterior wall pieces at Universal Studios in Orlando, Florida in 1999. In these works images of various endangered species are woven into textures of their natural environment. I have recently completed a project for the U.S. Federal Courthouse in Pocatello, Idaho. This work was commissioned by the Pocatello Arts Council and responds to the Councils desire for a work that reflects the natural and geologic esthetic of Southeastern Idaho. I have just been awarded a commission for the League of California Cities building in Sacramento, CA and have begun work. This project should be completed in 3 months. Project 2: Development Services Building Dayton Claudio Chico,CA 95973 http://members.aol.com/Davton1759/index.html R.., r- :.... ' -^-:J.♦..R..n. ..t.._ :...-rz ta`t .. _ n,.....:'.y'rsi:,.r'Y�?,✓�.11!.�.. - .. f • -• .. . .._ ... y.. .fid ... For thisPj roect I would like to create a cast bas-relief paintings to be placed in the lobby. The texture and imagery of these works will be developed around the themes developed out of meetings with the design committee. I will use molds taken from objects related to this theme to directly cast the textural surface of the paintings. From this point the color and of the P imagery paintings will develop into the finished works. As part of my research I will collaborate with the art selection committee, building users, community members and the architect. •ry...:r.w0.. ..J.n .,..,.. a ......t.r _ Yr..Sam%. iad♦.• ..Tna.t n,..r._._-,v. - .»'�_w .. ..,..r..t 'eHw w'.+...S•n�i rw N. .! ...r. .. The panels will be constructed of aglass fiber reinforced concrete over foam laminate. This system is extremely durable and lightweight. The concrete formulations I use are designed for detail and surface hardness. I will use pure acrylic, artist grade paint and the final work will be coated with a suitable varnish. The artwork can be designed for permanent or movable installation. There is no maintenance required other than the possible removal of graffiti or other foreign matter. Lacquer thinner and a rag are all that are needed to remove most paints or marks. 111L- '� - " -n r• rn ,+.._ ' ..... ,.ay-s..•.�, h . . .. • .. _ •, .. S In 1994 I was awarded a percent for art project through the Chico Fine Arts Commission for the newly constructed Downtown Parking Structure on Salem Street in Chico. This work responded to the community' s desire to capture a sense of the area' s history and natural environment. The following year I received a Sacramento Metropolitan Arts Commission for the Mather Airfield Project. Through personal research and collaboration with community members this piece embodies a sense of military aviation history. Casts from aircraft parts emerge through the surface of this work. In 1997 I completed the Union City Civic Center Playground Wall. It was the result of a very successful collaboration with architect Robert Mowat, members of the City staff, Community and myself. I selected the location and size of the wall constructed for this project. This work acts as a focal point in the area as well as a boundary for toddlers and reflects the area' s history, agriculture and diverse cultural past and present. I have created two works for Endangered Species Store Inc. One was a floor installation piece located in Myrtle Beach, South Carolina in 1997 and the other was two exterior wall pieces at Universal Studios in Orlando, Florida in 1999. In these works images of various endangered species are woven into textures of their natural environment. I have recently completed a project for the U.S. Federal Courthouse in Pocatello, Idaho. This work was commissioned by the Pocatello Arts Council and responds to the Councils desire for a work that reflects the natural and geologic esthetic of Southeastern Idaho. I have just been awarded a commission for the League of California Cities building in Sacramento, CA and will be starting soon. This project should be completed in 4 months. DAYTON CLAUDIO Studio/Home Teaching Butte Community College, Fine Arts Dept. Chico, CA 95973 3536 Butte Campus Drive TELIFAX: ( Oroville, CA 95965 e-mail: EDUCATION 1998 M.F.A. San Jose State University, San Jose, CA 1982 M.A. Fine Arts,California State University, Chico, CA 1977 B.A. Fine�-krts,University of California, Santa Barbara, CA 1973-1975 Attended University of California,Riverside, CA PUBLIC ART COMMISSIONS 1999 League of California Cities, Sacramento, CA Sacramento Metropolitan Arts Commission 1999 Federal Courthouse Project,Pocatello, ID U. S. Courts,District of Idaho and Pocatello Arts Council 1997 Union City Civic Center Park Project,Union City, CA Robert Mowat Associates 1997 Mather General Aviation Terminal Project, Sacramento, CA Sacramento Metropolitan Arts Commission 1995 Salem Street Art Wall Project, Chico, CA City of Chico Fine Arts Commission CORPORATE COLLECTIONS 1999 Theme Stores of Florida Inc. Orlando, Florida 1997 The Endangered Species Store, Myrtle Beach, South Carolina PUBLIC ART PANEL 1998 Panelist, Sacramento Metropolitan Arts Commission GALLERIES 1999-present galleryNOW,Tampa,Forida: www.galleryNOW.com 1991-1994 John Natsoulas Gallery,Davis, CA 1986-1988 Corporate Fine Art Exhibition Program,Triton Museum of Art, Santa Clara, CA 1984-1985 The Source Gallery, San Francisco,CA TEACHING 1988-Present Associate Faculty,Butte Community College, Oroville, CA 1989 Associate Faculty, California State University, Chico, CA SELECTED SOLO EXHIBITIONS 1998 San Jose State University, San Jose, CA 1994 San Jose State University, San Jose, CA Duke University,Durham,North Carolina 1992 Federal Building,Los Angeles, CA Federal Building,Raleigh,NC Phillip Burton Building,San Francisco, CA Federal Building, Chicago,IL 1991 GSA Federal Building, Sacramento, CA Chico Museum,Chico, CA 1990 California State Capitol,Sacramento, CA Cultural Center of Carmel,Carmel, CA Stanford Research Institute,Menlo Park,CA 1989 Synopsis Corporation,Santa Clara, CA Stanford Research Institute, Menlo Park, CA GSA Federal Building,Los Angeles, CA 1988 SDA Corporation, Santa Clara, CA 1987 3 Corn Corporation, Santa Clara, CA California State Capitol, Sacramento, CA GSA Federal Building, San Francisco, CA 1986 Northern Telecom, Santa Clara, CA Italian Cultural Institute, San Francisco, CA 1984 San Jose Art Center, San Jose, CA 1983 1078 Gallery, Chico, CA Butte Community College, Oroville, CA 1982 Masters Thesis Show, Chico, CA SELECTED GROUP EXHIBITIONS 1996 Butte College Faculty Show, Oroville, CA 1994 "The File Room," Chicago Cultural Center, Chicago, IL "http://fileroormaaup.uic.edu/FileRoom/documents/homepage.html" Yuba-Sutter Regional Arts Council,Yuba City, CA 1992 Three-Person Show,Held Properties Building,Los Angeles, CA Butte Invitational, Oroville, CA 1991 Butte College Faculty Show, Oroville, CA Instructor's Invitational, Chico Art Center, Chico, CA 1990 3 Corn Corporation, Santa Clara, CA 1989 Rogue Community College, Grants Pass, OR 3 Corn Corporation, Santa Clara, CA 1988 Crocker Kingsley Invitational, Sacramento, CA (catalog) "Invitational" 1078 Gallery, Chico, CA 1987 Artist Society International,San Francisco, CA (catalog) 1986 Pacific Grove Art Center,Pacific Grove, CA 1985 Palo Alto Medical Foundation,Palo Alto, CA 1984 Cabrillo College Gallery,Aptos, CA 1983 30th Annual: Painting,Richmond Art Center, Richmond, CA (cash award) AWARDS 1988 Crocker Kingsley Invitational, Crocker Museum, Sacramento, CA (catalog) 1983 Best of Show 30th Annual: Painting,Richmond Art Center,Richmond, CA (cash award) PUBLIC COLLECTIONS Yale University,New Haven, CT California State University, Chico, CA NUMEROUS PRIVATE COLLECTIONS EXHIBITION JURIED 1989 Lassen Community College, Susanville, CA SELECTED MEDIA COVERAGE Mar.-96 Zu Vincent,"Hitting the Wall,"Expressions iVIagatiine, Chico, CA 11-19-95 Staff,"The Murals Go Up,"Enterprise Record, Chico, CA 7-99-95 Laurie Clifton, "Claudio's Summer Project,"Enterprise Record, Chico, CA 1-23-94 Chuck Twardy, "Painter Dayton Claudio explores complex issues," The News 6~ Observer,Raleigh,NC 3-6-92 Cyra McFaden, "Masters Wouldn't be Pleased," San Francisco Examiner, San Francisco, CA 3-6-92 CNN Headline News, "NEA/Censorship," Atlanta, GA News 11-6-91 KCRA-TV,Evening News, Gary Gabriel Interview, Sacramento, CA 11-6-91 KFBK-Radio Christine Craft Show, "Artist Interview," Sacramento, CA 6-16-89 Tom Braman, "Cool Eyes Take a Look at Hot Issues," Daily Courier, Grants Pass, OR w• DAYTON C LAUD 10 / aico,CA 95973 TEL\FAX( 1) "Metallurgy Series#4" 11" x 16" mixed media/metal,plywood 1991 Private collection. Study for Rose project. $1,000.00 2) "Salem Project"(detail) 68ft.x l Oft. Acrylic, fiberglass,Trilon 1995 Fiberglass panels are attached to concrete block wall with masonry anchor screws. $20,000.00 3) "Salem Project"(detail) 68ft. x 10ft. Acrylic, fiberglass, Trilon 1995 Details represent natural environment,agriculture, history and culture or area. S20.000.00 4)"Union City Project" 80ft. x 3ft. formulated concrete, acrylic, Trilon 1997 Constructed in 12"x 12~tiles half inch thick. $10,000.00 5)"Union City Project" 80ft.x 3ft. formulated concrete, acrylic,Trilon 1997 Commissioned by Robert Mowat associates for Union City Civic Center playground. $10.000.00 J) "Mather Field Project" 6ft.x 8ft. formulated concrete,acrylic 1997 Commissioned by Sacramento Metropolitan Arts Commission for Mather Air Field. 7) "Federal Courthouse Project" 23 ft x 7'/2 ft Concrete/foam laminate,acrylic, 1999 Commissioned by U.S. Courts matte varnish District of Idaho and Pocatello Arts Council 8) "Watermark Series #1" 36"x 36" Concrete,acrylic,resin,metal, 1998 Concrete structure with imbedded stone metal,resin and stone. $2,000.00 8 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 22, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: Steven Faaborg, Civil Engineering Technician SUBJECT: Ordinance No. (0)99- 44 , revising the speed limit for Tangerine Road between the western Oro Valley Town Limits and First Avenue. SUMMARY: At the August 4, 1999 Town Council Meeting, an ordinance was presented to reduce the speed limit on Tangerine Road between First Avenue and the western Oro Valley Town Limits. The Council at that time requested that a study be done to justify the change. The Oro Valley Police Department has undertaken and completed that study, however there has not been sufficient time for the Town Attorney, Town Engineer and other Town staff to review and evaluate the study. For that reason staff requests that the matter be continued until the next scheduled meeting on October 6, 1999. Staff will have a recommendation on this item at that time. RECOMMENDATIONS OF STAFF: The Department of Public Works recommends continuance of the proposed ordinance relating to the speed limit on Tangerine Road until the next regularly scheduled Town Council meeting. Departm:, t Head z....._ 2 if i `.f Poli Town Manager TOWN OF ORO VALLEY 9 COUNCIL COMMUNICATION MEETING DATE: 9-1, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: Terry Vosler Building Safety Administrator SUBJECT: ORDINANCE (0)99- 46 , REVISION TO SECTION 109.1 USE AND OCCUPANCY, OF THE 1994 UNIFORM BUILDING BACKGROUND: At present, an owner of a new single family dwelling can occupy the structure prior to issuance of a certificate of occupancy. The tool which the Building Official uses to control the uses and occupancies of the various buildings and structures within the Town of Oro Valley is the certificate of occupancy (C. 0.). The Uniform Building Code makes it unlawful to use or occupy a building or structure unless a certificate of occupancy has been issued for that use. Section 109.3 of the Uniform Building Code states in part; "After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws which are enforced by the code enforcement agency, the building official shall issue a certificate of occupancy." The same tool is generally used by the Planning & Zoning Administrator, the Public Works Director and the Water Utility Director. The Uniform Building Code has one exception for the requirement of a C. 0., in single family residences, private garages and carports. Many municipalities delete this exception to allow the municipality to �rify that all requirements they may have are completed before occupancy is approved. Some examples of the final inspections made that are not necessarily building code requirements but are other laws enforced by the Town of Oro Valley are; the placement of erosion and drainage control measures to prevent the erosion of soils retaining the structures' footings and flooding of the structure or neighboring structures; verification of street, sidewalk, curb and gutter placement and construction per Town standards; the installation of required water meters and backflow prevention devices to protect the Town's water supply. Without these final inspections being performed and enforced prior to the issuance of a Certificate of Occupancy, it is very difficult and at times costly for the Town to obtain resolution on any outstanding nonconforming issues discovered after the structure is occupied. When there are issues effecting the safety of the building, its occupants or neighboring properties there is little the building official can legally do, other than initiate abatement procedures on the structure. The abatement procedure is costly in staff time and can take a month or more to complete. The Building Safety Division and the Planning/Zoning Division presently work with the contractors and owners of single family dwellings in trying to work out issues that arise prior to the final of the building. When there are minor drainage, erosion control or construction code corrections needed, it is normal practice to bond that work needing correction and approve final based on the bond and a specific date when the work needs to be completed by. There have been a few instances where stair ways, doors or windows have been required to be physically barricaded off in order to conditionally approve a final. In these instances a bond along with a completion date are also established as part of the conditions to the final approval. Requiring these conditions cannot legally prevent full occupancy of the structure without the adoption of this proposed ordinance. Adoption of this ordinance would not prevent a home owner from constructing an addition or performing ?models to their home while occupying the structure. Nor would it delay closing dates. Once occupancy is _.pproved by the Town the certificate of occupancy could be immediately issued. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 Temporary certificates of occupancy could also be used to allow occupancy with conditions if a certificate of occupancy were required for these structures. Section 109.4 states, "If the building official finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is complete, a temporary certificate of occupancy may be issued for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure." STAFF RECOMMENDATION: The Staff recommends that Mayor and Council approve Ordinance (0)99-46 amending Section 109.1 Use and Occupancy of the 1994 Uniform Building Code by deleting the exception for Group R, Division 3 and Group U Occupancies. SUGGESTED MOTION: The Council may wish to consider the following motion: I move to adopt Ordinance (0)99-46 , amending Section 109.1 Use and Occupancy of the 1994 Uniform Building Code, deleting the exception for Group R, Division 3 and Group U Occupancies. ATTACHMENTS: 1. Ordinance No. (0)99-46 . 2. Exhibit A: Town of Oro Valley Amendments To The Uniform Building Code Sec. 109.1 as proposed. 3. Exhibit B: Section 109 of the 1994 UBC as proposed to be amended. n .e,/li‘t'\( V.D.SQQ/Y-- iii4 . ,- Building Safety Administrate 'Filac/g � tAA: .. / Community Developm; 'Director / , 1 ,, 4 ,,, .. Town Manager ORDINANCE NO. (0)99- 46 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, (0) 99- ; FIXING THE EFFECTIVE DATE THEREOF; AND REPEALING ANY OTHER ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the Town of Oro Valley adopted Ordinance (0) 99-46 , includes a document known as the "Uniform Building Code, 1994 Edition" and amendments thereto; and WHEREAS, it has become necessary to further amend said document; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. That this ordinance is hereby declared to be a public record and three copies of this ordinance are to remain on file in the office of the Town Clerk. SECTION 2. That the Town Council has determined that to preserve the peace, health and safety of the residence of the Town of Oro Valley that an emergency exists and this ordinance shall be effective immediately upon its adoption. SECTION 3. The Ordinance (0)95-85 know in part as the "Uniform Building Code, 1994 Edition" and Town of Oro Valley Amendments to the Uniform Building Code", is hereby amended as follows: SECTION 109 - CERTIFICATE OF OCCUPANCY 109.1 Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. • . , '. . • . .. •.. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. SECTION 4. That all ordinances and parts of ordinances in conflict herewith be repealed to the extent of such conflict. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 22nd day of September , 1999. Paul Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Daniel Dudley, Town Attorney I 0 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 22"d, 1999 TO: HONORABLE MAYOR & COUNCIL FROM: David Marsh, Planner I Ordinance (0)99-52 SUBJECT: PUBLIC HEARING: OV9-99-111 REQUEST TO AMEND THE STEAM PUMP RANCH PAD, MODIFICATION OF THE PAD SUB-AREAS, LOCATED WEST OF ORACLE ROAD, IMMEDIATELY OPPOSITE ALLIED SIGNAL 1. DELETION OF A REQUIREMENT FOR A MULTI-PURPOSE STAGING AREA 2. AMEND CONDITIONS FOR VESTING OF ZONING 3. DELETION OF CONDITION FOR A `FULL-SERVICE' HOTEL 4. MODIFICATION OF THE PAD SUB-AREAS AND PERFORMANCE STANDARDS 5. AMEND PROHIBITED USES TO ALLOW A MAXIMUM OF FIVE CONVENIENCE USES 6. AMEND LANDSCAPING STANDARDS 7. DELETION OF PROJECT PHASING AND CONDITIONAL APPROVAL REQUIREMENTS 8. AMEND EXCLUSIONS FROM THE ORACLE ROAD SCENIC CORRIDOR OVERLAY DISTRICT (ORSCOD) 9. CONSOLIDATION OF THE RIVERPARK TRAIL ALONG THE CANADA DEL ORO WASH OWNERSHIP: Century Development Corporation 3323 North 107th Street Omaha,Nebraska 69134 AGENT: Gordon Stone, ASLA Cella Barr Associates 4911 East Broadway Tucson,AZ 85711 -7- TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 10 PETITIONER'S PROPOSED USE AND STATED REASON: The property owner requests Town approval to amend the adopted Planned Area Development document for the Steam Pump Ranch PAD. The applicant contends that the proposed PAD Amendment will allow the property to be more marketable, and allow for greater flexibility on site. The applicant's amendment proposal involves nine separate issues, which are as follows: 1. The applicant proposes to delete a requirement a multi-purpose staging area for performances and presentations with any movie theatre developed on-site. 2. The applicant proposes to amend the conditions of the PAD to permit vesting of the zoning once $500,000 worth of infrastructure and / or on-site improvements have been completed. The applicant also proposes to extend the zoning expiration date for a period of five years to July 10', 2004. 3. The applicant originally proposed to delete a condition that any hotel developed on site be a `full-service' hotel, in which the hotel is required to have room service, meeting spaces, and food and beverage services. The applicant has revised their proposal to drop this request. 4. The PAD amendment proposal includes the modification of the PAD sub-areas and performance standards. The applicant proposes to modify the four existing sub-areas to provide greater flexibility in terms of site design, permit uses throughout the site instead of specific areas, and to cluster like-uses. 5. The applicant originally proposed to allow a maximum of five (5) convenience uses on-site, of which no more than four (4) will be drive-through restaurants, limited to Areas A and B. The applicant has revised their proposal to allow a maximum of four (4) convenience uses on-site, of which no more than two will be drive-through restaurants, and not more than one will be a gas station, limited to Areas A & B. The applicant has also proposed that the fourth convenience use be permitted only after a movie theatre has been constructed on-site 6. The proposal includes amendments to the landscaping standards for the PAD, which include a consistent 30' landscape buffer along Oracle Road, and modifications to landscape berm design requirements. 7. The application includes the deletion of project phasing and conditional approval requirements. 8. The applicant proposes to exclude the PAD from the required 150' setback and 100' landscape buffer for Employment and Institutional uses under the Oracle Road Scenic Corridor Overlay District(ORSCOD). 9. The amendment proposal includes the consolidation of the River Park Trail. 10' bike path on the levee and the 8' pedestrian path below into a single path on top of the Canada del Oro wash levee. BACKGROUND: The current Steam Pump Ranch Planned Area Development was adopted by the Mayor and Council in 1996. The project encompasses approximately 41.6 acres, and is located on the west side of Oracle Road, opposite the Allied TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 10 Signal complex. The Town's General Plan projects that this area will be an area of commercial development, with a Neighborhood Commercial designation. The adopted PAD provides for a mix of uses, including hotels, professional offices, small scale commercial, a theatre, and a small park site on the extreme northeastern portion of the site. The CDO Wash provides a wide, natural buffer between the site and the low density residential developments to the north and west. SURROUNDING LAND USES/GENERAL CHARACTER: North -Canada del Oro Wash; Palisades Point East - Allied Signal; Foothills Business Park; and Rams Canyon South -the Steam Pump Ranch complex(not part of the PAD); Rooney Ranch PAD Area A West - Canada del Oro Wash PREVIOUS REZONING CASES ON PROPERTY: A PAD was originally approved by Mayor and Council for this property in August of 1988; however, a time extension beyond the original 18 month approval period was denied, and the zoning reverted to R1-144 in July, 1991. A subsequent rezoning to PAD for this property was approved for this property by Mayor & Council in February, 1992. Since no construction was begun onsite within the required three-year period, the PAD lapsed and the zoning reverted to R1-144. Steam Pump Ranch was rezoned to the current PAD by Mayor and Council in '996. PREVIOUS REZONING CASES IN GENERAL AREA: The Rooney Ranch properties were rezoned to PAD in February of 1989. In June, 1997, Town Council approved a PAD Amendment that retained permitted uses but removed the specific sub-areas within the PAD, thus allowing developers more flexibility to meet market demands. In November and December of 1998, Town Council approved several amendments to Area B of the Rooney Ranch PAD, which is located approximately '/4 mile to the southwest on Oracle Road. While under Pima County jurisdiction, an 86-acre parcel of land, now known as Palisades Point, was rezoned for 66 single family residences on lots of two-thirds of an acre, or greater. This project lies to the northwest of subject property. To the north of the subject property, the Rancho Vistoso PAD was approved in July, 1987. The portions of Rancho Vistoso adjacent to Steam Pump Ranch are not developed at the present time; however, the intended use of this portion of the PAD is Regional Commercial, and the projected time frame for development indicated at the time of annexation was the year 2005. NOTIFICATION: In compliance with State Statutes and the OVZCR, notices have been mailed to all property owners within 600 feet of the Steam Pump Ranch PAD boundary. To date, Staff has received one letter from a concerned citizen. GENERAL PLAN CONFORMANCE: Staff has evaluated the request for amendments to the Steam Pump Ranch PAD against the General Plan Land Use Plan and Policies and finds, overall, that the proposal conforms to the General Plan policies, with specific exceptions noted below and in Planning Considerations. 1 TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 4 of 10 Land Use- Specifically,the PAD amendment conforms with the projected uses for this area of Oracle Road on the Land Use Map. The Land Use Element recommends Neighborhood Commercial uses for the Steam Pump Ranch PAD. Economic Development- The Town's economic development, as discussed in the General Plan policies, is of vital importance to the future of the Town. The proposed amendments to the Steam Pump Ranch PAD provides the permitted commercial uses with some flexibility in the siting and physical design of new commercial structures, as well as permitting some new uses. These provisions will increase the development potential of the land, potentially resulting in an influx of businesses, new sources of tax revenue and increased employment opportunities. The attraction of new businesses to the Town of Oro Valley will improve the economic health of the Town by "ensuring long-term financial and economic sustainability". Community Design —The Community Design Element of the General Plan states that one should "ensure that the built environment is aesthetically pleasing". While the PAD Amendment proposed does conform with the Community Design aspect of General Plan, Staff is concerned about the potential impacts of the proposed convenience uses for the PAD, in terms of the uses permitted, and the clustering of the convenience uses themselves. In addition, Staff is also concerned about the potential number of pads on-site, and their potential aesthetic impacts. This is discussed in additional detail below. 'LANNING CONSIDERATIONS: Staff has reviewed the proposed PAD Amendment, and the planning considerations are as follows: Deletion of a Requirement for Multi-Purpose Staging Area: The applicant has proposed to delete a requirement for a multi-purpose staging area for presentations and performances to be constructed with any movie theatre developed on-site. The applicant believes that this requirement is no longer valid, as the Town is currently pursuing plans to provide community staging areas for presentations and performances elsewhere. It is important to note that an earlier Staff report to the Planning & Zoning Commission implied that the applicant proposed to delete the movie theatre as a permitted use; however, this is not the case, and the applicant has proposed to denote the movie theatre as a primary use for Areas C & D. Staff has no objection to the deletion of this requirement, and supports the applicant's proposal. The approved CDO Riverfront Park will feature an outdoor stage area for public presentations and performances, and the Town is actively pursuing development of a Community Centre for performances. Amending the Conditions for Vesting of PAD Zoning After $ 500,000 Worth of Infrastructure and/ or On-Site Improvements The amendment proposes to alter the conditions of the PAD to permit the vesting of the PAD zoning after $ 00,000 worth of infrastructure and / or on-site improvements have occurred. These improvements could include construction of utilities on-site, improvements to Oracle Road, installation of landscaping, and installation of the River Park Trail. Upon completion of these improvements, the property's zoning would be TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 5 of 10 vested and `hard-zoned' to PAD. The amendment also includes an extension of the current zoning expiration date for five years until July 10th, 2004. Staff concurs with the applicant's request, with Condition #1 in Exhibit A. Namely, Staff recommends that the applicant construct all main utilities on-site, construct two entrances to the project from Oracle Road, and that the Riverpark Trail along the CDO wash be constructed by the developer (this is discussed in further detail below). Staff has discussed these conditions with the applicant, and they are in general agreement. Deletion of a Condition Requiring All Hotels to be "Full-Service". The applicant has withdrawn this request. Modification of the PAD Sub-Areas and Performance Standards. The applicant's proposed amendment includes a variety of changes to the PAD sub-areas and the performance standards for each. The current PAD document includes four PAD sub-areas, with specific uses listed for each, which resulted in four distinct `clusters' of uses and activities. The proposed amendment would allow the four sub-areas more flexibility and permit a more `mixed-use' development. Areas A and B would essentially be clustered around the two principle entrances to the site, and will permit retail, services, restaurants, financial institutions, professional offices, and convenience uses (discussed in further detail below). Areas C and D, vhich occupy the remainder of the site, will essentially retain the same uses as the current PAD. These include retail, services, restaurants, hotels, financial institutions, and professional offices. A small two-acre park site at the northeast corner of the PAD is unchanged from the current PAD. In terms of performance standards, the amendment proposal includes a series of changes for Areas A & B, including a reduced front setback of 60' from Oracle Road, coupled with a reduced maximum building height of 25'. In contrast, the current Area A & B requirements include an average setback from Oracle Road of 120', and a maximum height of 39'. For Areas C & D there are no substantial changes from the current PAD. In regards to the new reduced front setback of 60', Staff recommends that the existing 120' average front setback along Oracle Road be utilized for the entire site. The average setback provision will allow for greater flexibility and variety of building setbacks, and help to avoid a monotonous, even building setback. Moreover, this provision is consistent with the requirements of the Oracle Road Scenic Corridor Overlay District (ORSCOD). In response to development constraints on the northern portion of the site, Staff also recommends that the setback from Oracle Road in Area D be reduced to 80' for Area D if used to reduce the amount of parking in front of buildings. While the elimination of the previously proposed sub-areas and their specific uses may appear to give the impression of`lowering standards', Staff had stated in a earlier report that the remaining design criteria listed in the PAD and the contents of the Oro Valley Design Guidelines would provide for ample safeguards for high- quality and aesthetically pleasing development. Since that time, Staff has re-examined this position and has added several conditions of approval. These can be grouped into two categories, architectural design, and site lesign, which are discussed below. In terms of architectural design criteria, Staff has re-examined the applicants proposal, and have several concerns regarding building massing and scale, and provision of a high quality built environment on-site. I TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 6 of 10 Particularly, Staff has significant concerns over the potential architectural and aesthetic impacts over larger structures on-site, most notably the potential movie theatre. The vast majority of movie theatres being constructed today are multi-plexes with numerous screening rooms, and owing to their large size and amount of square footage required, may be considered a `big-box' development. With these issues in mind, Staff has formulated several conditions for architectural design on-site, which borrow significantly from the Oro Valley Design Guidelines. These conditions are summarized as follows: • Buildings shall be designed to express human scale at the ground or pedestrian level. • Variations in roof lines shall be used to add interest and to reduce the scale of larger buildings. • The mass of large buildings shall be broken up by dividing into basic geometric components, with intersecting wall planes. • Facades shall be articulated to reduce the scale and mass of buildings, and provide elements of visual interest. In terms of site design requirements, Staff has proposed several conditions in regards to parking ratios and location of parking spaces. The parking standards for the current PAD are based on the OVZCR, which would require 1 space per 200 square feet of commercial floor space. Given the narrowness of the site, the types of uses proposed, and the Town's recent experience with auto-dominated `big-box' development and their associated large parking lots, Staff has proposed a lower parking ratio of 1 space per 300 square feet. This proposal would result in a net decrease of parking spaces of approximately 33%. Staff has also proposed that the cation of parking spaces be distributed across the site, with a goal of 75% of the parking occurring in front of the buildings, with 25% of the spaces located to the sides and rear of the structures. This can be contrasted with the Target Centre, in which approximately 90% of the parking spaces are located in the front of the buildings. Taken together, these two conditions will allow greater site design flexibility, while not permitting a large 'sea' of parking to occur in front of the buildings. Amend the Prohibited Uses to Allow for a Maximum of Five Convenience Uses The current PAD does not permit convenience uses, and the applicant originally proposed to amend the prohibited uses to allow a maximum of five (5) convenience uses on-site, of which no more than four (4) will be drive-through restaurants. The proposal also restricts the maximum of four drive-through restaurants to Areas A & B only, which are designed to be primarily convenience use clusters around the two principle entrances to the PAD. The applicant has since revised their proposal to a maximum of four convenience uses, of which no more than two will be drive-through restaurants, and not more than one shall be a gasoline station, limited to Areas A & B. The applicant contends that permitting the convenience uses, particularly in Areas A & B will allow future development to avoid a `strip-mall' appearance and break up an otherwise long and monolithic street frontage. While the additional convenience uses are in conformance with the General Plan's Neighborhood Commercial designation for the site, Staff has concerns over three issues: 1) the potential number of gas stations on-site; 2) the aesthetic impact of the number of convenience uses and pads; and 3)traffic impacts of convenience uses. Potential Number of Gasoline Stations On-Site While the applicant has not expressed interest in developing more than one gas station on-site, Staff recommends that a maximum of one gas station be permitted in the PAD, and that it be restricted to Areas A & B. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 7 of 10 Aesthetic Impact of the Number of Convenience Uses and Pads. Staff has concerns over the potential aesthetic impact of the number of convenience uses, and the impacts of several convenience uses `clustered' together, as the applicant proposes in Areas A & B. Moreover, at the previous Planning & Zoning Commission meeting, several Commission members expressed concerns over the potential of Steam Pump Ranch being developed in a similar manner to the Target Centre, with numerous structures being developed along Oracle Road. It is important to note that not all of the pads along Oracle Road are convenience uses, and with this in mind, Staff has proceeded to analyze the PAD Amendment request in terms of the of free-standing, single-use structures allowed on-site, in addition to proposed number of convenience uses. The overall intent of Staff was to limit the number and location of the convenience uses and free-standing, single-use structures, while striving to achieve the high-quality, 'St. Phillip's Plaza' style of development proposed by the existing PAD document and by the applicant's amendment proposal. The conditions of approval formulated by Staff for these issues are summarized as follows: • Allow a maximum of four convenience uses on-site, with the following conditions: • A maximum of two drive-through or drive-in convenience use pads, limited to Area A or B • A maximum of one gasoline station may be substituted for one of the two drive- through or drive-in convenience use pads in Area A or B • A maximum of two non-pad convenience uses, which must be part of a primary cluster of buildings • Drive-through or drive-in convenience uses are prohibited • One of the two non-pad convenience uses shall only be permitted upon completion of a movie theatre on-site • Allow a maximum of four free-standing, single-use structures for the PAD, which would include any pads used for convenience uses The conditions of approval listed above will accomplish several design and aesthetic objectives, and ensure a high quality of development. The limitation of a maximum of two convenience uses with drive-throughs will effectively discourage many lower-order-of-goods' convenience uses, such as fast food restaurants, while still permitting other, more desirable convenience uses, such as coffee shops and delicatessens. By allowing a maximum of two convenience use pads in Area A or B, one of which may be a gasoline station, the number of convenience uses immediately abutting Oracle Road will be limited. Moreover, by requiring the remaining two convenience uses to be `non-pad' structures and to be located as part of a primary building or cluster of buildings, the two convenience uses are essentially `internalized', and are not located on Oracle Road. These `internalized' non-pad convenience uses are prohibited from having drive-through or drive-in uses, and would be ideal locations for coffee shops, ice cream parlours, and a variety of other non-intrusive convenience businesses. The fourth convenience use, which is also the second non-pad use, can be viewed as an incentive for constructing the movie theatre, as it can only be built after a movie theatre is constructed on-site. At a previous meeting, several members of the Planning & Zoning Commission expressed concern that a potential developer may construct several convenience uses on-site, and then sell the remaining undeveloped land to a new developer. While this is a valid concern, the OVZCR requires that 50% of the total square footage of all non-convenience use structures in a commercial development be constructed before a convenience use may be developed. TOWN OF ORO VALLEY (7OUNCIL COMMUNICATION Page 8 of 10 Staff also proposes to limit the maximum number of free-standing, single-use structures to four for the PAD. Free-standing single use structures include a variety of non-convenience uses, such as restaurants like the Outback and Applebee's at the Foothills Mall. The total number of four was selected by Staff from the current existing PAD site plan, which shows only four structures of this type. The maximum number of four includes any pad convenience uses, such as a gas station. The limitation in number, orientation, and location of the free- standing single use structures, including convenience use pads, will further restrict the number of structures locating immediately adjacent to Oracle Road, and their associated aesthetic impacts. The above conditions, combined with the design criteria listed in the PAD and the Oro Valley Design Guidelines, and those design criteria listed in Exhibit A, will minimize the aesthetic impact of convenience uses and free-standing single use structures, and promote a high quality, `high-order-of-goods' commercial development. Traffic Impacts of Convenience Uses At the Planning & Zoning Commission hearing, several members of the Commission and one member of the public raised concerns over the traffic impacts of convenience uses, in light of current problems faced by the Town from existing convenience uses. To address these concern, Staff has placed a condition that submittal of any development plan containing a convenience use shall in include a traffic study by a qualified traffic engineer to ensure safe access and free flow of traffic both internally and externally, and adequate stacking areas for drive-throughs. .Amend the Landscaping Standards of the PAD The PAD amendment includes a proposal to modify the landscaping standards for the PAD, in regards to landscape berm design requirements. The current PAD requires that all landscape berm slopes shall not exceed 3:1 with a minimum two-foot wide flat crown, a specification that the applicant wishes to delete to permit greater flexibility in landscape design. The rationale for this request is clear, as the current standards within the PAD will result in a buffer yard which has more earthern `berm' than vegetation, and will reduce the ability of the landscaped area to screen the interior uses from Oracle Road. Staff has no objection to the modification of the landscape standards, with the condition that all landscaping be in compliance with the landscape requirements of the OVZCR. Deletion of Project Phasing and Conditional Approval Requirements The applicant's proposal also includes a request to delete the following project phasing and conditional approval requirements of the PAD: • The project phasing requirements of the PAD state that development shall reflect a number of conditions and factors influencing project implementation, including: 1) current and future trends in office, research and development, and commercial demand and absorption rates; and 2) development and timing of infrastructure and other improvements, and available financing opportunities. • The conditional approval requirements of the PAD state that once construction commences on buildings representing 5% of the floor area of any development area, the PAD zoning would be ordinanced and 'hard-zoned'. Staff has no objections to the applicant's proposal. The project phasing requirements reflect market conditions as opposed to zoning considerations, and the conditional zoning requirements will be superceded by the TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 9 of 10 applicant's request to `hard-zone' the PAD after $500,000 worth of infrastructure and / or on-site improvements (discussed above). Exclusions from the Oracle Road Scenic Corridor Overlay District (ORSCOD) The applicant has requested to exempt the PAD from the required 150' building setback and 100' landscape buffer per the Employment and Institutional Regulations of ORSCOD. This will allow greater flexibility on site, and will permit a `mixed-use' development approach. The amendment also proposes to alter the sub-areas of the PAD to allow a variety of uses, and will essentially `eliminate' the office-specific use of Area D; therefore, the Employment and Institutional regulations of ORSCOD, such as increased setbacks, would be no longer applicable to this development. Staff has no objections to this request. Consolidation of the Riverpark Trail along the Canada del Oro Wash As part of the PAD amendment, the applicant has proposed to amalgamate the 10' bike path and 8' pedestrian path shown in the current PAD into a single 10' trail on top of the CDO wash levee. The 8' wide pedestrian path would be eliminated, as it is located at the bottom of the levee, and views from the path would essentially be limited to that of the levee walls and the rear elevations of the buildings to be constructed. Staff has expressed some concern over safety issues with the applicant, and the applicant has agreed to widen the path to 12' in width, or the width of the levee if the 12' wide path would not fit. staff has requested the 12' minimum width for the path to conform with the American Association of State Highway and Transportation Officials (AASHTO) minimum safety guidelines for a multi-use path of this kind, AASHTO guidelines being the national standard for bicycle and pedestrian facilities. Upon visiting the site, Staff is convinced that the earth berm on the top of the levee could be widened, where required, to accommodate the 12' wide path with minimal engineering and cost. PLANNING & ZONING COMMISSION ACTION: At its August 3rd, 1999 meeting, the Planning & Zoning Commission voted 4-0 to recommend approval of this item, with the conditions attached in Exhibit"A". RECOMMENDATIONS: Staff recommends approval of the proposed amendments to the Steam Pump Ranch PAD, with those conditions listed Exhibit"A"attached herewith. SUGGESTED MOTIONS: The Town Council may wish to consider one of the following motions: I move to approve Ordinace (0)99-52 , 0V9-99-111, amendments to the Steam Pump Ranch PAD, with those onditions listed in Exhibit "A" attached herewith. OR TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 10 of 10 I move to approve Ordinance (0)99-52 , OV9-99-111, amendments to the Steam Pump Ranch PAD, with those conditions listed in Exhibit "A" attached herewith, and the following added conditions: OR I move to deny Ordinance (0)99-52 , OV9-99-111, amendments to the Steam Pump Ranch PAD, finding that: . OR I move to continue Ordinance (0)99-52 , OV9-99-111, amendments to the Steam Pump Ranch PAD. ATTACHMENTS: 1. Ordinance (0)99-52 . 2. Exhibit"A"—Conditions for Approval 3. PAD Amendment Proposal 4. Letter from concerned citizen ded0 ; Plann77 nd Zoning Administrator Community Development Director own Manager F:\OV\OV9\1999\9-99-111\PADAMDTC.RPT.doc ORDINANCE NO. 99-52 AN ORDINANCE AMENDING THE STEAM PUMP RANCH PLANNED AREA DEVELOPMENT DOCUMENT, DELETING A REQUIREMENT FOR A MULTI-PURPOSE STAGING AREA, AMENDING CONDITIONS FOR VESTING OF ZONING, MODIFICATION OF THE PAD SUB-AREAS AND PERFORMANCE STANDARDS, AMENDING PROHIBITED USES TO ALLOW A MAXIMUM OF FOUR CONVENIENCE USES, AMENDING LANDSCAPING STANDARDS, DELETION OF PROJECT PHASING AND CONDITIONAL APPROVAL REQUIREMENTS, AMENDING EXCLUSIONS FROM THE ORACLE ROAD SCENIC CORRIDOR OVERLAY DISTRICT, AND CONSOLIDATION OF THE RIVERPARK TRAIL ALONG THE CANADA DEL ORO WASH, AS REQUESTED BY OV9-99-111, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, Century Development Corporation, the owners of the Steam Pump Ranch Planned Area Development, have requested an amendment to the Steam Pump Ranch Planned Area Development Document, relating to deleting a requirement for a multi-purpose staging area, amending conditions for vesting of zoning, modification of the pad sub-areas and performance standards, amending prohibited uses to allow a maximum of four convenience uses, amending landscaping standards, deletion of project phasing and conditional approval requirements, amending exclusions from the Oracle Road Scenic Corridor Overlay District (ORSCOD), and consolidation of the Riverpark trail along the Canada del Oro wash; and WHEREAS, an application to amend said Planned Area Development has been filed with the Town by the Century Development Corporation; and WHEREAS, Article 10-3 of the Oro Valley Zoning Code Revised provides for the establishment of, and amendments to, a Planned Area Development District; and WHEREAS, the Planning and Zoning Commission has considered said application for amendment to the Planned Area Development, at a duly noticed Public Hearing, in accordance with State Statutes, and has made its recommendations to the Town Council; and WHEREAS, the Oro Valley Town Council has considered the requested Planned Area Development amendment at a Public Hearing and finds that it to be consistent with the Town's General Plan and Ordinances, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. The Planned Area Development Document may be amended as it pertains to deletion of a requirement for a multi-purpose staging area. . SECTION 2. The Planned Area Development Document may be amended as it pertains to conditions for vesting of zoning, subject to condition no. 1 of the attached Exhibit"A". SECTION 3. The Planned Area Development Document may be amended as it pertains to modification of the PAD sub-areas and development standards, subject to condition no. 2, no. 3, no. 6, no. 8, and no. 9 of the attached Exhibit"A". SECTION 4. The Planned Area Development Document may be amended as it pertains to modifying the prohibited uses to allow a maximum of four convenience uses, subject to condition no. 4, no. 5, and no. 8 of the attached Exhibit"A". SECTION 5. The Planned Area Development Document may be amended as it pertains to landscaping standards, subject to condition no. 7 of the attached Exhibit"A". SECTION 6. The Planned Area Development Document may be amended as it pertains to deletion of project phasing and conditional approval requirements. SECTION 7. The Planned Area Development Document may be amended as it pertains to exemptions from the setbacks and landscape buffers for Employment and Institutional regulations of the Oracle Road Scenic Corridor Overlay District(ORSCOD). SECTION 8. The Planned Area Development Document may be amended as it pertains to consolidation of the Riverpark Trail along the Canada del Oro wash. SECTION 9. That all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict; SECTION 10. That this ordinance 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. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 22nd day of September, 1999. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney F:\ov\ov9\1999\9-99-111\ORDTC.RPT.doc r EXHIBIT "A" CONDITIONS OF APPROVAL OV9-99-111 STEAM PUMP RANCH PAD AMENDMENT 1. The PAD zoning shall be ordinanced and become vested upon completion of $500,000 worth of improvements. The following improvements shall be required: • The Riverpark Trail is be constructed by the developer along the full length of the rear property line, and is to be built as a minimum 12' wide asphalt path in accordance with AASHTO standards. • Construction of all water and wastewater lines, and drainage systems • Construction of two entrances to the project site. 2. The following conditions shall apply to the architectural design of all future development on-site: • Buildings shall be designed to express human scale at the ground or pedestrian level. • Variations in roof lines shall be used to add interest and to reduce the scale of larger buildings. • The mass of large buildings shall be broken up by dividing into basic geometric components,with intersecting wall planes. • Facades shall be articulated to reduce the scale and mass of buildings, and provide elements of visual interest. This is to be accomplished by: • Ground level facades shall have one-story pedestrian scale features for at least 2/3rds of the horizontal length of the side of a building. These features may include windows, entry areas, arcades, and/or overhangs(awnings,trellis, etc.) • Facades greater than 100' in length shall be broken by recesses or off-sets. Alternatively, the horizontal length may be broken by vertical elements. Off-sets or vertical elements shall be of sufficient size to effectively mitigate the visual impact of the horizontal line and mass. 3. The parking provision and design requirements of the OVZCR shall apply, with the following exceptions: • A 1 space per 300 square feet parking ratio shall apply. • The location of parking spaces are to be distributed across the site, with a goal of 75% of the parking occurring in front of the buildings, with 25% of the spaces located to the sides and rear of the structures. 4. All convenience uses shall be subject to the convenience use regulations of the OVZCR. 5. A maximum of four convenience uses shall be permitted on-site, with the following conditions: • A maximum of two drive-through or drive-in convenience use pads, limited to Area AorB • A maximum of one gasoline station may be substituted for one of the two drive-through or drive-in convenience use pads in Area A or B • A maximum of two non-pad convenience uses, which must be part of a primary s . cluster of buildings • Drive-through or drive-in convenience uses are prohibited • One of the two non-pad convenience uses shall only be permitted upon completion of a movie theatre on-site 6. A maximum of four free-standing single use structures shall be permitted for the PAD. The maximum of four free-standing single use structures shall include any pads used for convenience uses. 7. All landscaping shall be in conformance with the landscape requirements listed in the Oro Valley Zoning Code Revised(OVZCR). 8. Submittal of any development plan containing a convenience use shall include a traffic study by a qualified traffic engineer to ensure safe access and free flow of traffic both internally and externally, and adequate stacking areas for drive-throughs. 9. The minimum building setback for Sub-Area"D" will be a 120' average from Oracle Road, with a 80' average setback if used to reduce the amount of parking in front of the buildings. 10. Resubmittal of the revised PAD document as amended. F:\OV\OV9\1999\9-99-111\TC EXHIBIT A.doc WILLIAM D. ADLER Oro Valley.AZ 85737 September 15, 1999 Mr. David Marsh Planning Department Town of Oro Valley 11000 N.La Canada Drive Oro Valley, AZ 85737 Steam Pump Ranc rog ed dev_elopn egt Dear David, As I will be on a business trip when this matter is heard by the Council I r wanted my thoughts registered, and made available to the Council. Asou ' know, I was involved in the original writingY �. of the Steam Pump Ranch PAD in 1996. At that time, it was our desire to add land use qualitystandards to that ensure hat this project stood a part from all others. Werohibi ted convenience uses, ses, for example, and added conditions as to thee.of hotel, restaurant and theater eater desirable for this location in Oro Valley. At the initial hearing before the Planning & ZoningCommission, I protested applicant's p cd the desire to add convenience uses; change the nature of the1 hotel and in other ways, in my opinion, down grade the PAD in appearances; communityvalues and traffic • • fic management. The applicant indicated the changes to the PAD were necessary to add flexibility, and better meet market tY conditions. Between that hearing and the second Commission hearing, I met with Mark Weinberg. Mark, and several of his associates, had travelled to the west coast to view projects similar to, and with features anticipated for, Steam Pump Ranch. The architectural treatments, aesthetic enhancements and functional features photographed on his trip, and intended for incorporation intoSteam Pump Ranch, were unquestionably superior. In addition, Mark's commitment to reduce the number, and type, of convenience uses; allow the quality conditions to remain on the hotel, and agreement to have the internal traffic circulation plan certified by a traffic engineerestablished for me that I intentthis the original for project, and Mark's present ideas, were reconciled. At the Commission re hearing I supported approval of the7 ro'ect askingthat the P architectural treatments and enhancements presented to the Commission be made part of the proposal, and that the eventual traffic circulation plan be subject to thea approval of a certified PP traffic engineer. All things remaining as they were, I would repeat this testimony at the Council hearingThank . you. Sindip :�- �1 ' dle Z0/ZO'd T££# 0t 280 St-60'666T L66b-988-0ZS ytdzil33t0l1: NOzid PROPOSED AMENDMENT TO STEAM PUMP RANCH PAD, 0V9-99-111 Too 4:841SE:13 1999 The following text amendments to the Steam Pump Ranch PAD are requested in order to provide the Town of Oro Valley with updated design standards that reflect current market conditions. (please note that referenced page numbers are different from the 1996 PAD document due to reformatting of the report from Wordperfect to Word) 1. Delete zoning condition no. 2 from the 1996 approval, in which a movie theatre is required to incorporate a multipurpose capability by providing a staging area for performances and presentations. The Town is currently pursuing plans to provide community staging areas elsewhere, and therefore the staging requirement at Steam Pump Ranch is no longer necessary. A movie theater is still a viable use for the project and the performance standards for Development Areas C and D have been, amended to include movie theater as a primary use. 2. Amend zoning condition no. 3 from the 1996 approval,to define that the zoning may be vested and ordinanced to PAD, once $500,000 worth of perimeter project infrastructure, i.e., utilities extension, Oracle Road improvements, landscaping, Riverpark trail, etc. is installed. The riverpark trail will be constructed by the developer along the full length of the rear property line. The trail will be 12 feet wide or the width of the berm. The trail will be an asphalt path in accordance with AASHTO standards. All main utilities will be constructed onsite. Two entrances will be provided onto the project site. The project will not be mass-graded prior to construction. In addition, amend condition no. 3, to include an extension of the zoning expiration date for a period of five years from 1999 to July 10, 2004. 3. Amend the prohibited use list found on pages 21-24 of the performance standards for Development Areas A-D, to include a maximum of four convenience uses of which not more than two will be drive-through restaurants and not more than one will ..:: ..::.,.: .i:::.,<:,..,..:a.S..a,:wcAv»�aGax<,ti;.;•,.a>::�..;,:>••:.:::>::•:.w:.:o:.0»•..:•:x.:;a•::u•::•:::•:»:.:.::.:.:;;.:.::.:..t>..x.,,,,,,::•vx• g... f . , limited to Areas A and B, for the Steam Pump Ranch project. The inclusion of these is to avoid a "strip-mall" appearance and break up an otherwise long and monolithic frontage. The fourth.convenience use will only be allowed once a movie theater is built. 4. Amend the performance standards for all development areas to include a consistent 30' landscape buffer along the project's Oracle Road frontage. 5. Development Areas A-D have been modified to include the clustering of convenience uses at the project's primary entries within development Areas A and B and the revision of development Areas C and D to include a wider range of permitted uses (pages 21-24). 6. Page 29 has been amended to include reference to the Oro Valley Zoning Code (Revised) and to delete the requirement that landscape berm slopes shall not exceed 3:1 with a minimum two-foot wide flat crown. 7. Page 36 has been amended to list exclusions from the Oracle Road Scenic Corridor Specific Plan. 8. Page 3 7-3 8 has been amended to delete project phasing and conditional approval. It also now refers to the current Oro Valley General Plan. 9. Exhibit II H.2 has been modified to consolidate the Riverpark trail on top of the CDO levee. In addition, a trail node area will be constructed in the park site at the northeast end of the PAD. The trail node will consist of a shaded area with benches and/or picnic tables, a drinking fountain and a bicycle rack. The other specifications for the trail listed in item two will also apply. 10. Upon Town Council approval of this PAD amendment, all Part II PAD exhibits which utilize the Tentative Development Plan as a basis will be revised to reflect the new TDP and a finalized PAD report with consistent page numbers and graphics will be transmitted to the Town. MEMORANDUM TO: Mayor and Fellow Council Members FROM: Vice-Mayor Dick Johnson DATE: September 21, 1999 SUBJ: September 22,1999 Regular Agenda Item #10 - Request to Amend the Steam Pump Ranch PAD As I will be out of town for the September 22, 1999 meeting, I want to comment on the proposed Steam Pump Ranch development. To say that I am excited about the potential of this development is an understatement. This is what Oro Valley needs. It reflects a visionary approach to a mixed use of retail, entertainment, office and lodging. The return of main street as a focus for planning is unique and long overdue. I see this as a magnet for people and with a well thought out amphitheater it will create a high energy, vibrant place to go. It will be alive! The entrance of Diamond Ventures with Mark Weinberg spearheading the effort into Oro Valley will give us a new partner who is committed to quality and involvement in our community. While I will not be there to vote, I urge my fellow council members to vote to proceed with this development. It will set a high standard by which other retail and commercial development can be judged. 0 f ,, vi i ' A 0/ 14,15-0/•-) D ck Johnson 6 Vice-Mayor c: Chuck Sweet, Town Manager Brent Sinclair, Community Development Director SITE ANALYSIS AND PLANNED AREA DEVELOPMENT DISTRICT SUBMITTAL FOR STEAM PUMP RANCH OV9-99-111 June 28, 1996 Revised Jul: 19, 1999 CBA File No. 105243-08-0014 CELLA BARR ASSOCIATES 4911 East Broadway Boulevard Tucson, Arizona 85711 COPYRIGHT 1999 CELLA BARR ASSOCIATES III. PLANNED AREA DEVELOPMENT GUIDELINES A. Development Performance Standards The Steam Pump Ranch PAD Development Standards establish the intensity and character of project development by prescribing site specific use and performance standards that are tailored to the unique qualities of the site. All development within the Steam Pump Ranch PAD will comply with the following Development Performance Standards and Design Guidelines, as well as the applicable provisions of the Town of Oro Valley Zoning Code, which have not been amended herein. The Steam Pump Ranch PAD will produce a mixed-use activity center environment that is superior to that provided under traditional C-1 and C-2 standards. The PAD will provide an overall fabric and character for Steam Pump Ranch, that draws together the nearly mile-long development site into a unified project of compatible land uses and building architecture, consistent landscape design, integrated signage and entry monumentations, and interconnecting circulation systems for automobiles and pedestrians. The following summarizes the primary land use designations: DEVELOPMENT AREA LAND USE AREA *A Convenience Uses 4.0 acres *B Convenience Uses 4.0 acres C Retail/Services 14.5 acres D Retail/Services 19.1 acres * Note: There will be a maximum of four convenience uses throughout Development Areas A to D. Not more than two of these will be drive-through restaurants and \ than one will be a gas station. Drive-through restaurants will be limited to Areas A and B •Qt ............. :'.-:.. { i:J:'•! ••.:. :ii}:;i:i•,}}ii,:j;ivi+iiii:v>::::ii'i('+,'iY:i:'d'.::• only. The fourth convenience use will only be allowed oncea movie theater is built. Steam Pump Ranch Page 20 DEVELOPMENT AREA A 4.0 acres (net usable) Primary Uses: Convenience Use Secondary Uses: Retail/Services Restaurant B ank/Financial Institution Professional and Medical Offices Property Development Standards for Primary Uses, Secondary Uses refer to standards for Development Areas C and D: 1) Maximum Floor Area Ratio (FAR): 0.25 2) Maximum Building Height: 25' 3) Minimum Building Setbacks: 60' (Oracle Road) 4) Minimum Landscaped Open Space: 20% 5) Landscape Buffers: 30' (Oracle Road) Note: The design standards of the Oro Valley Zoning Code, including Parking and Loading Requirements, Signs,Native Plant Salvage and Landscape Plan Requirements and Oracle Road Scenic Corridor Specific Plan and Overlay District are required for this Development Area, unless modified herein. The Oro Valley Design Guidelines apply to this Development Area. The following uses are prohibited: hazardous materials and storage, heavy equipment manufacturing, refining and salvaging facilities, outdoor equipment storage facilities, outdoor auto repair or painting, adult entertainment establishments and motels as defined in the OVZCR(Section 2-101,Nos. 208 & 209). A maximum of four convenience uses, of which no more than two will be drive- through restaurants and not more than one will be a gas station, will be permitted in Areas A and B only. The fourth convenience use will only be allowed once a movie theater is built. ................. ......... ....... . ....... ........ .............. Steam Pump Ranch Page 21 DEVELOPMENT AREA B 4.0 acres (net usable) Primary Uses: Convenience Use Secondary Uses: Retail/Services Restaurant Bank/Financial Institution Professional and Medical Office Property Development Standards for Primary Uses, Secondary Uses refer to standards for Development Areas C and D: 1) Maximum Floor Area Ratio (FAR): 0.25 2) Maximum Building Height: 25' 3) Minimum Building Setbacks: 60' (Oracle Road) 4) Minimum Landscaped Open Space: 20% 5) Landscape Buffers: 30' (Oracle Road) Note: The design standards of the Oro Valley Zoning Code, including Parking and Loading Requirements, Signs,Native Plant Salvage and Landscape Plan Requirements and Oracle Road Scenic Corridor Specific Plan and Overlay District are required for this Development Area, unless modified herein. The Oro Valley Design Guidelines apply to this Development Area. The following uses are prohibited: hazardous materials and storage, heavy equipment manufacturing, refining and salvaging facilities, outdoor equipment storage facilities, outdoor auto repair or painting, adult entertainment establishments, and motels as defined in the OVZCR(Section 2-101,Nos. 208 & 209). A maximum of four convenience uses, of which no more than tArjri will be drive- through restaurants and not more than one will be gas station, will be permitted in Areas A and B only. The fourth convenience use will only be allowed once a movie theater is built. Steam Pump Ranch Page 22 DEVELOPMENT AREA C 14.5 acres Primary Uses: Retail/Services Restaurant(not drive-through) Hotel, as defined in OVZCR Section 2-101 Bank/Financial Institution Professional and Medical Office Movie Theater Property Development Standards: 1) Maximum Floor Area Ratio (FAR): 0.35 (retail/office) 1.0 (hotel) 2) Maximum Building Height: 39' (hotel) 30' (retail/office) 25' (restaurant) 3) Minimum Building Setback: 120' average (Oracle Road) 30' (Rear property line) 4) Minimum Landscaped Open Space: 20% 5) Landscape Buffers: 30' (Oracle Road) 25' (rear property line, measured from edge of riverpark trail) Note: The design standards of the Oro Valley Zoning Code, including Parking and Loading Requirements, Signs,Native Plant Salvage and Landscape Plan Requirements and Oracle Road Scenic Corridor Specific Plan and Overlay District are required for this Development Area, unless modified herein. The Oro Valley Design Guidelines apply to this Development Area. The following uses are prohibited: hazardous materials and storage, heavy equipment manufacturing, refining and salvaging facilities, outdoor equipment storage facilities, outdoor auto repair or painting, adult entertainment establishments and motels as defined in the OVZCR(Section 2-101,Nos. 208 & 209). Steam Pump Ranch Page 23 DEVELOPMENT AREA D 19.1 acres, including 2 acre park Primary Uses: Retail/Services Restaurant(not drive-through) Hotel, as defined in OVZCR Section 2-101 B ank/F inanc i al Institution Professional and Medical Office Movie Theater Property Development Standards: 1) Maximum Floor Area Ratio (FAR): 0.35 (retail/office) 1.0 (hotel) 2) Maximum Building Height: 39' (hotel) 30' (retail/office) 25' (restaurant) 3) Minimum Building Setback: 120' average (Oracle Road) 30' (Rear property line) 4) Minimum Landscape Open Space: 20%, including 2 acre park 5) Landscape Buffers: 30' (Oracle Road) 25' (rear property line, measured from edge of riverpark trail) Note: The design standards of the Oro Valley Zoning Code, including Parking and Loading Requirements, Signs,Native Plant Salvage and Landscape Plan Requirements and Oracle Road Scenic Corridor Specific Plan and Overlay District are required for this Development Area, unless modified herein. The Oro Valley Design Guidelines apply to this Development Area. The following uses are prohibited: hazardous materials storage, heavy equipment manufacturing, refining and salvaging facilities, outdoor equipment storage facilities, outdoor auto repair or painting, adult entertainment establishments and motels as defined in the OVZCR(Section 2-101,Nos. 208 & 209). Steam Pump Ranch Page 24 ramps, transformers, storage tanks, and other appurtenant items of poor visual quality. All landscaped areas will utilize underground drip irrigation. All landscaping shall comply with Oro Valley Zoning Code Revised (OVZCR) and the Oracle Road Scenic Corridor Specific Plan and Overlay District. • Streetscapes Generally,parking lot design shall emphasize efficient circulation patterns, which allow for reduced speeds, variations of views and flexibility of building orientations. Setbacks of buildings will be varied to create an interesting Oracle Road street scene. In order to achieve a uniform landscape theme within the Plan Area,the areas within the medians, parking strips, and streetscape setback areas shall have a coordinated landscape palette. Parking areas which are situated along Oracle Road shall be screened by a combination of landscape berm or vegetative screen or walls with an average height of 40" measured from the parking surface. Landscaping will be permitted within the Oracle Road/State Route 77 right-of-way to provide a continuity of landscape character between the project and right-of-way streetscape. • Project Entries Primary and secondary project entries on Oracle Road serve to introduce and define the limits and character of the Steam Pump Ranch activity center. The landscape concept at these project entries is intended to announce the project theme through the use of decorative walls, special signing, enriched accent landscaping and a widened roadway. Steam Pump Ranch Page 29 All exterior wall elevations of buildings facing streets are to have architectural treatment approved by Design Review Committee. In the event an electrical transformer is located outdoors on any site, it shall be screened from view with a wall or solid landscaping. All fire and other sprinkler pipes shall enter buildings at the lowest possible point and shall be screened with landscaping. All changes to the exterior of any of the existing buildings must have prior approval of the Design Review Committee. All roof and ground mounted mechanical equipment shall be screened from public view on all sides by an enclosure which is an integral part of the overall building design and volume. No mechanical equipment shall be exposed on the wall surface of a building. All gutters and downspouts shall be integrated with the building architecture. Vents, louvers, exposed flashing, overhead doors and service doors shall be painted consistent with the color scheme of the building. The requirements of the Oracle Road Scenic Corridor Specific Plan and Overlay District of the Oro Valley Zoning Code, shall be adhered, excluding the required 150' building setback and 100' landscape buffer per Employment and Institutional Regulations, Section 10-407D2. C. Plan Administration 1. Implementation Development will be implemented in conformance with the regulations and guidance contained within the Steam Pump Ranch PAD. This section contains the procedures for administration of the provisions contained herein. Steam Pump Ranch Page 36 Adoption -The Steam Pump Ranch PAD Plan will be processed in accordance with the provisions of the Town of Oro Valley Zoning Code and may be amended from time to time in accordance with such provisions. Administration and Enforcement- The PAD shall be administered and enforced by the Town Planning and Zoning Director and Building Official with input from the Steam Pump Ranch Design Review Committee. Minor Changes - The Planning and Zoning Director may allow minor changes to the criteria set forth in the Steam Pump Ranch PAD Plan, provided said changes are not in conflict with the overall intent as expressed in the Plan. Minor changes do not include anything which alters allowable uses, building heights, floor area ratios, landscape coverages or parking requirements. Any changes must conform to the Town of Oro Valley Zoning Code or as modified herein. Significant changes to the PAD will be governed by the Planning and Zoning Department's significant change policy. Amendments - The approved Steam Pump Ranch PAD Plan may be amended from time to time by the Town of Oro Valley. Proposed amendments shall be submitted by the Owner to the Planning and Zoning Director for review along with a report describing the proposed amendments and recommendations. All amendments shall conform to the procedures outlined under Article 3-1 of the Oro Valley Zoning Code. Severability - if any provision, sentence, clause, section or subsection or phrase of this Plan is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion or portions of this Plan. Consistency All of the provisions of the Steam Pump Ranch PAD, as well as any land use authorized by the Plan, shall be consistent with the Town of Oro Valley General Plan, adopted July 10, 1996 (Focus 20-20). Consistency shall mean that the Steam Pump Ranch PAD, as described herein, is in conformance with the objectives, policies, general land uses and programs specified in the Oro Valley General Plan, Oro Valley Zoning Code Revised (adopted March 13, 1981, Steam Pump Ranch Page 37 Ordinance No. 58) and the Oro Valley Convenience Use Ordinance. Where standards are not specified, the Oro Valley Zoning Code Revised shall govern development. 3. Assessments Prior to the issuance of any permits for grading or construction on Steam Pump Ranch, a Development Opportunity Assessment, will be prepared to reflect required offsite Oracle Road improvements and will stipulate each Development Area A through D, or portion thereof, be required to escrow with the Town an amount equal to a pro rata share of the road improvements based upon the acreage of the development area or portion thereof. It is anticipated that ADOT will fund one-half the cost of future traffic signalization. 4. Convenience Uses Freestanding banks and financial institutions, service stations, convenience uses, drive-through/drive-in restaurants shall be subject to the requirements and development standards of Article 9-1 of the Oro Valley Zoning Code, except these specific uses will not be subject to a Conditional Use Permit. Stearn Pump Ranch Page 38 1zU' Average tor ccmmerc:ai L.,,,,,.-,•_. L.: i00 1/2 R.O.W. 4....... t 1 30' Landscape Bufferyard 2 3�6' E isti ..: � n9 Pvm t. IF .� cr. -- 523 - • ....:t 'v ti . _ 1 Multi- - y -- •B. .� V;�j �.4 Use Through m ,,.... 'i` �`' Lane Lanes 1,;1,4-1.07. Iii . ; i • 1 12' 14' 1 NI)Pif II 1A. I ..,=,. ,,,,, .m.r, ii` --- - . - . ... ��. e Median i. 40" average landscape screen Oracle Rd. Bufferyard (plants per 100 If. 4 trees, 4 shrubs, 6 accents) 25' Minimum Setback Dimp. rainage Facility CDC iveroark J 1 ,...rc ...s Easement I ` ..; _,� '' dimensicn varies. 1 L 10' Trail � --�� :. . __ �. - =', ?- ' 3. Tyr Pi-tire,-.7..:.• ' :---W,.,'- ''' '-. . •,..1.4 ,4F,I,,,,y'l ; •',.,---1-rolj,t jel...- ,-ff . 0- At- ., .:,..7.--,_,,,. - ., -4,-- -• , . .--; .-- :i.;..?-c_#7, 7 . . 61 vu-A-- ste Canada Del -:..��-y,•_ •• •: �.z, o ash- :� 1 j,;: ._:*--Itel ,.. ...:. , ,;.,-,..._,.;„ -1 1 1 . 1 '(/, „..;- , i tL r• t. , - SconofRear Property Line 30' Minimum Setback .. t • , 25' Buff:ryard _i Old Steam 0:.0?.,.e.,i4:„:'z._ 4- • Pump Ranch ', 'i. ii'., ;- •-' 1. vim.'-' - $ 1+•. T '-7 A '7:1;-*--:t'''''' • e.-1--"%i ':,--7' ' . .-%47-.---:?..zE ,1 _.-, ,' ; t. cr --... p,/ i (1 E;771, r:71 4 ' �i Ii `r rli f1 r•- Steam PumpRanch • (plants per 100 if: 4 trees, 4 shrubs, 6 accents) OV996 I • EXHIBIT II H.2 , 2 , i ;•.4L 5"5- "- -c, ,. iii,.....:,,,. - ,..-•.7;::"--.2...„ 117 l." i ' , 't E:":.: 1 7 ,.- \ - 1 • + r. is < s o .4, n 4 ; m i 4'‘ . _ E ! i I I ' 4 `',1‘1 , ,. F i a� I i a: 1 i?. 11 i', , \ 1 ' ,' ...' ij ' . '64: _ :. ._ : :_it . v) •••,. , ... . . ;-, . • • • :.. X11 !i _ ..., _ . : , 7 01 i_. _ '_ "? 1\(- • . 1. N1, y ,- 1.1-._ ISI },• P- .' Et rf. v_I i i , • ."- 'i -,c11 it 5 ro . lt. \--. !3 _ iV ' i A • f C ._tj _ . o Q , 0 ' 5 r. V I 2 ', ' •r ' 6• I - •- - i 1 .0.'1 it' 1 i 1 C ¢ / a ' f 1 i { ii...t ry ; .<. 6 'Ior II (111) i •,' I,1i.co' t - Ij' C CO' s' •I i'' 1 I - t t ill A.cir ..;___ . — 1 .): '1 • i • i , tt'' .1 ! -i —a 7 •a -- 4t,, , e m ; CC ' s n CL.• l I �' • , , . il , --,3,. — --- - - _ _- c 1 - ___td- '- ------ ---- p4anle,a. __ ________--- CO E . . , i a E 1 .1.r n ', ',- C am• a o ..... • •• . _ _ ,:, 1, !90 E . . ,‘ . , 0 . ,, ,_,,. ; , 77''' ':-. Ca (1113 41)4. ," 2 4.11 ~ N. 7,7 J I I TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 22, 1999 TO: HONORABLE MAYOR & COUNCIL FROM: David G. Hook, P.E. Water Utility Director SUBJECT: AUTHORIZATION TO ORDER AN APPRAISAL OF THE TUCSON WATER SYSTEM WITHIN AND WITHOUT ORO VALLEY TOWN LIMITS SUMMARY: In 1998, the City of Tucson forwarded to the Town of Oro Valley an appraisal of the Tucson Water system in and near the Town as a part of the discussions related to the possibility of the Town acquiring some or all of those facilities. The next step for the Town in the ongoing process of exploring and evaluating the feasibility of acquiring those facilities is for the Town to obtain its own appraisal. Staff is in the process of contacting qualified professionals to ascertain the necessary scope of work and related costs. The scope of work is expected to address the valuation methodology used by Tucson Water in their appraisal as well as more conventional approaches to valuations of existing and older water systems. FISCAL IMPACT: The cost of the appraisal is not expected to exceed $25,000. Other area water providers may be interested in sharing in the cost of the appraisal. RECOMMENDATIONS OF THE WATER UTILITY COMMISSION: In its 1999 Annual Report, the Commission supported the objective of directly serving the residents of Oro Valley with the Town's water utility by recommending that the Town continue the dialogue and analysis necessary to evaluate the feasibility of acquiring the assets of Tucson Water within Oro Valley. As that dialogue and analysis progresses, the Commission stands ready to provide the Mayor and Council with further recommendations regarding the incorporation of these production and delivery systems into the Town's water utility. RECOMMENDATIONS OF STAFF: Staff respectfully recommends that the Mayor and Council authorize staff to contract for the professional services necessary to perform the appraisal of the Tucson Water system at a cost not to exceed $25,000 and to contact the Metropolitan Domestic Water Improvement District regarding their interest in sharing in the cost of the appraisal. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 ATTACHMENTS: None provided. SUGGESTED MOTION: The Mayor and Council may wish to consider one of the following motions: I move to authorize the staff to contract for professional services necessary to perform an appraisal of the Tucson Water system within and near the Town as well as coordinate with the Metropolitan Domestic Water Improvement District regarding their possible cooperation. or move to c I C____ /L.-- ---- Water Utility Director ilf /7 1 A /to Town Manager 112 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 22, 1999 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- S3 establishing salary levels for Mayor and Council effective July 1, 2000. J I - 4114/444A / / 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 $111400.00 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. 4 F PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 22nd day of September , 1999. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney 13 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: 9/22 /1999 TO: HONORABLE MAYOR AND COUNCIL FROM: Dan L. Dudley, Town Attorney SUBJECT: OV13-98-33 Request for Amendment to the Oro Valley Retail Center Sign Package by Payless ShoeSource SUMMARY: On August 4, 1999, this Council denied Payless ShoeSource's request for an amendment to the Oro Valley Retail Center Sign Package. Subsequent to that denial a lawsuit was filed by Payless ShoeSource alleging that our denial placed them in the position where federally protected marks were required to be altered in order to satisfy our then existing sign package for the applicable PAD. On August 18, 1999, this Council, on an emergency basis, moved to reconsider its' action of August 4, 1999 and continued the item to the second meeting in September (September 22, 1999) to assure that the meeting was publicly noticed. This matter now comes back before the Council for consideration. The lawsuit in this matter is proceeding and the temporary injunction is scheduled to be heard by the end of this month. ATTACHMENTS: None FISCAL IMPACT: RECOMMENDATIONS: To continue this item to a date certain not less than 40 days from this date. SUGGESTED MOTION: I MOVE TO CONTINUE THE ORO VALLEY RETAIL SIGN PACKAGE AMENDMENT, OV13-98- 33 TO THE FIRST COUNCIL MEETING IN NOVEMBER, NOVEMBER 3, 1999. Sig re of Depart tr•ad //,‘'Town Manager's R•view TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE 09/22/1999 TO: HONORABLE MAYOR AND COUNCIL FROM: Dan L. Dudley, Town Attorney SUBJECT: Review, consideration and possible decision regarding settlement proposal of Payless ShoeSource v. Oro Valley, U.S. District Court Case No. CIV 99-405 TUC FRZ SUMMARY: On August 4, 1999, this Council denied Payless ShoeSource's request for an amendment to the Oro Valley Retail Center Sign Package. Subsequent to that denial, a lawsuit was filed by Payless ShoeSource alleging that the Town's denial placed them in a position where federally protected marks were required to be altered in order to satisfy our then existing sign package for the applicable commercial PAD. On or about September 20, 1999, Payless ShoeSource, by and through their counsel, David K. Jones, made a compromise settlement offer to the Town. That settlement offer is subject to discussion in Executive Session. ATTACHMENTS: FISCAL IMPACT: RECOMMENDATIONS: It is a recommendation of outside legal counsel that the offer, as disclosed in the Executive Session, be accepted. SUGGESTED MOTION: I move to accept the recommendation of outside legal counsel regarding settlement in Payless ShoeSource v. Town of Oro Valley, U.S. District Court Case No. CIV 99-405 TUC FRZ. or I move that we deny recommendation of outside legal counsel regarding settlement in Payless ShoeSource v. 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