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HomeMy WebLinkAboutPackets - Council Packets (1614) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION JULY 1, 1998 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:30 P.M. 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: 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.) ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes - 06/03/98 B. OV12-95-17 La Cholla Estates, Lots 1-94 Substitute Assurance Agreement C. Appointment of Council Member Fran LaSala as Liaison to the Water Utility Commission & Parks & Recreation Advisory Board D. Resolution No. (R)98-40 Approval of contract from Pima Association of Governments to fund Oro Valley Summer Youth Arts Project 2. PRESENTATION OF PLAQUES OF APPRECIATION TO PARKS AND RECREATION ADVISORY BOARD MEMBERS BILL MACKEY AND MIKE HUMPHREY 3. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING TO DAVID ANDREWS, FINANCE DIRECTOR 4. SPONSORSHIP OF 1998 EL TOUR DE TUCSON BICYCLE RACE 07-01-98 Agenda, Council Regular Session 2 5. OV12-98-4 VISTOSO GOLF CASITAS, UNITS 101-126 AND 210-226, COMMON AREAS "A" AND "B", RANCHO VISTOSO,NEIGHBORHOOD 11, PARCEL AI, PRELIMINARY PLAT 6. OV12-97-21 RANCHO VISTOSO NEIGHBORHOOD 10, PARCEL N, PHASE I (VISTOSO VILLAGE) FINAL PLAT,UNITS 1-40, 101-157, 174-177, AND COMMON AREAS "A" AND "B" TOWN MANAGER'S REPORT ENGINEER'S REPORT FINANCE DIRECTOR'S REPORT COMMUNITY DEVELOPMENT DIRECTOR'S REPORT POLICE CHIEF'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.) EXECUTIVE SESSION AT OR AFTER 7:30 P.M. Pursuant to ARS 38-431.03(A)(3) to obtain legal advice and pursuant to ARS 38-431.03 (A)(4) pending litigation regarding: 1. Fazio vs. Town of Oro Valley ADJOURNMENT POSTED: 06/24/98 4:30 P.M. sr A packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:30 a.m. - 5:00 p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, at 297-2591. 07-01-98 Agenda, Council Regular Session 3 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. A MINUTES DRAFT ORO VALLEY TOWN COUNCIL REGULAR SESSION JUNE 3, 1998 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 P.M. CALL TO ORDER - 7:05 P.M. ROLL CALL PRESENT: Dick Johnson, Mayor Paul Parisi, Vice Mayor Cheryl Skalsky, Council Member ABSENT: Bill Kautenburger, Council Member Frank Butrico, Council Member PLEDGE OF ALLEGIANCE Mayor Johnson led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet announced the meetings for the upcoming week. He also stated that there would be a budget study session at 4:00 p.m. on Monday, June 8. 1. CONSENT AGENDA MOTION: Council Member Skalsky MOVED to approve the Consent Agenda as presented. Vice Mayor Parisi SECONDED the motion. ROLL CALL VOTE: Vice Mayor Parisi - aye Mayor Johnson - aye Council Member Skalsky - aye Motion carried, 3 - 0 A. Police Report - March 1998 B. Resolution No. (R)98-32 Authorizing & Approving an IGA between the Town and Pima County for payment for the incarceration of municipal prisoners C. OV12-97-21 Rancho Vistoso, Parcel 10N Preliminary Plat Request for a 6 month Extension of Time Limit until December 3, 1998 6/03/98 Minutes, Council Regular Session 2 D. Appointment of J.J. Northam to the Fire Advisory Board effective 6-3-98 to 5-31- 99 2. RESOLUTION NO. (R)98-33 CANVASS OF THE VOTES - DECLARING AND ADOPTING THE RESULTS OF THE GENERAL ELECTION HELD ON MAY 19, 1998 Town Clerk Kathryn Cuvelier reported that Resolution No. (R)98-33 declares and adopts the results of the General Election held on May 19, 1998. She stated that the results of the election were certified by Mitch Etter, Manager of Pima County Division of Elections. MOTION: Council Member Skalsky MOVED to approve Resolution (R)98-33. Vice Mayor Parisi SECONDED the motion. ROLL CALL VOTE: Vice Mayor Parisi - aye Mayor Johnson - aye Council Member Skalsky - aye Motion carried, 3 - 0 3. SWEARING IN CEREMONY OF NEW MAYOR PAUL LOOMIS AND NEW COUNCIL MEMBER FRANCIS LaSALA Town Clerk Kathryn Cuvelier issued the Oath of Office to Paul Loomis, Mayor and Francis LaSala, Council Member. Mayor Loomis thanked the residents and his campaign supporters for all their help and support during the election. He stated that the Town's citizens were concerned with growth and its impact on the Town's infrastructure, schools and environment and he would work for controlled, smart growth. Mayor Loomis stated that he would work for open communications with residents, move the Call to Audience to the beginning of the Council meetings, and he would establish open office hours. He stated that he was excited about the challenges ahead, and he believed that everyone could work together to reach the Town's goals and to protect the Town's long term interests while being responsive to the needs of the community. Council Member LaSala thanked his supporters and stated that he was ready to move forward. Mayor Loomis opened Call to Audience. Jan Kvancz, 14475 N. Del Webb, congratulated Mayor Loomis. She then explained that as Chair of the Fire Advisory Board, she had sent a communication to Rural Metro Fire Department and to Police Chief Wolff regarding a house fire on May 26th. She stated that she was told that Mayor Elect Loomis asked that the response to her letter be sent to the Town Manager. Ms. 6/03/98 Minutes, Council Regular Session 3 Kvancz stated that she felt this was a poor way to handle the situation, and she hoped that Mayor Loomis would learn from this, and disregard for the Boards and their citizen volunteers would not happen again. 4. NOMINATION AND SELECTION OF VICE MAYOR MOTION: Council Member Johnson MOVED to NOMINATE Paul Parisi as Vice Mayor. Council Member Skalsky SECONDED the nomination. ROLL CALL VOTE: Council Member Johnson - aye Vice Mayor Parisi - aye Mayor Loomis - nay Council Member Skalsky - aye Council Member LaSala - nay Nomination carried, 3 - 2. 5. PRESENTATION OF LEARNING EXCELLENCE AND PARENTING PROGRAM (LEAP) AWARDS TO CANYON DEL ORO HIGH SCHOOL STUDENTS Mayor Loomis stated that the LEAP (Learning Excellence and Parenting Program) awards are given to students with an average grade point that have committed to improve their grades. The program is sponsored by the Town and school district. Mayor Loomis introduced Barry Gillaspie, Education Liaison. Barry Gillaspie stated that LEAP is an effort by the community to recognize and support academic commitment and achievement by young adults. He explained that the students must maintain existing grade levels and improve in at least one major subject area. He stated that it is a joint effort with the student and their parents or guardians. Mr. Gillaspie thanked the parents, the Town Council, counselors, teachers, the Canyon del Oro Administration, and Bob Weede for their support and commitment to the program. Mr. Gillaspie stated that each student will receive a certificate of completion and a $50.00 gift certificate from Foothills Mall. Mayor Loomis and Assistant CDO Principal Bob Wendell presented awards to: Bryan Lakeberg, Scott Lantz, Jesse Leal, Eli Nielsen, Gene Petkash, Candice Serrano, Carolyn Taylor and Anthony Zyrek. 10 MINUTE RECESS - The meeting was recessed at 7:20 p.m. and resumed at 7:38 p.m. 6. REORGANIZATION OF COUNCIL LIAISON ASSIGNMENTS TO PLANNING & ZONING COMMISSION;DEVELOPMENT REVIEW BOARD;PARKS&RECREATION ADVISORY BOARD; ARTS ADVISORY BOARD; FIRE ADVISORY BOARD; ORO 6/03/98 Minutes, Council Regular Session 4 VALLEY POLICE DEPARTMENT; METROPOLITAN TUCSON VISITOR'S & CONVENTION BUREAU; GREATER TUCSON ECONOMIC COUNCIL; THE CHAMBER MOTION: Mayor Loomis MOVED to nominate Vice Mayor Parisi to act as liaison to Pima Association of Governments (PAG) Regional Council, the Fire Advisory Board and the Arts Advisory Board; Council Member Johnson to serve on the Metropolitan Tucson Visitor's and Convention Bureau (MTVCB), the Greater Tucson Economic Council (GTEC), the Chamber, the Planning and Zoning Commission (P&Z), and the Development Review Board (DRB); and Council Member LaSala to serve as liaison to the Police Department and the Parks and Recreation Advisory Board. Council Member Johnson SECONDED the motion. DISCUSSION: Council Member Skalsky stated that she felt the Council as a whole should decide on the liaison appointments. She stated that the existing liaison appointments should remain the same, and new appointments should be discussed further as she did not see any rush to fill liaison appointments. Vice Mayor Parisi stated that liaisons have been voluntary positions in the past. He stated that he has worked diligently with the Police Department on developing policies and he felt it would not be a good to pull him from that position at the present time. He also stated the were some liaison vacancies and he hoped other council members would volunteer to serve. Vice Mayor Parisi stated that he felt a Study Session should be held to consider the total aspect of council liaisons to the Boards and Commissions. Council Member Skalsky stated that she also felt the Council should hold a Study Session to consider liaison positions and whether or not some positions were still needed to represent the best interest of the Town. Council Member LaSala stated that he felt leaving liaison positions unassigned was not prudent, and he would be willing to serve as assigned. Council Member Johnson stated that the Council needed to focus on what is best for the community. He stated a Study Session may be in order to find out which Council members were passionate about the goals of certain boards and committees and which ones they really wanted to serve on. CALL FOR THE QUESTION: Council Member Johnson - nay Vice Mayor Parisi - nay Mayor Loomis - aye 6/03/98 Minutes, Council Regular Session 5 Council Member Skalsky - nay Council Member LaSala - aye Motion failed, 3 - 2. MOTION: Vice Mayor Parisi MOVED to leave the present liaison assignments as they are and have volunteers from the Council fill the vacancies. Council Member Skalsky SECONDED the motion. AMENDMENT TO THE MOTION: Council Member Johnson amended the motion to add that a Study Session be held as early as possible to look at all the liaison positions. Council Member Skalsky SECONDED the amendment. Vice Mayor Parisi agreed to the amendment. ROLL CALL VOTE: Council Member Johnson - aye Vice Mayor Parisi - aye Mayor Loomis - aye Council Member Skalsky - aye Council Member LaSala - nay Motion carried, 4 - 1. 7. PUBLIC HEARING PROPOSED AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED REGARDING PROCEDURES FOR PUBLIC NOTICE - DIRECTING PLANNING & ZONING STAFF TO ESTABLISH AND ADMINISTER STANDARD OPERATING PROCEDURES FOR PUBLIC NOTIFICATIONS FOR A PERIOD OF ONE YEAR Community Development Director Don Chatfield stated that an Ad Hoc Committee on Development Review was appointed by the Council to consider enhancements to the development review process. He explained that several code amendments were suggested by the committee from which staff prepared an action plan. The action plan was approved by Council on September 17, 1997. The amendments if approved would: 1. Require distribution of submittals of rezonings, plats, and development plans to affected neighborhood associations; 2. Mail a notice to all neighborhoods that would reasonable be affected by the project; 3. Post all properties for rezonings, plats, and development plan consideration; and 4. Publish the Development Review Board and Planning and Zoning Commission agendas in a newspaper of general circulation. Mr. Chatfield explained that state statutes require all property owners within 300 feet of a rezoning or a PAD project but the Oro Valley Zoning Code requires noticing of property owners within 600 feet. Mr. Chatfield explained that the Planning and Zoning Commission recommended approval of the 6/03/98 Minutes, Council Regular Session 6 amendments to the Zoning Code. Mr. Chatfield explained that based on the Commission's recommendations regarding the one year trial period and further review at that time, staff recommends that a set of procedures be established with the Planning and Zoning Department to disseminate the required information. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Skalsky MOVED to direct Planning and Zoning staff to establish and administer Standard Operating Procedures for Public Notification as outlined in Attachment "A" for a period of one year. A) PROCEDURES-AMENDMENTS AND REZONINGS (INCLUDING PLANNED AREA DEVELOPMENTS. 1. A reduced copy of the Tentative Development Plans shall be sent to all affected Neighborhood Associations, as determined by Planning Staff. 2. Copies of the public hearing notice shall be mailed to all Neighborhood Associations that would reasonably be affected by the project, as determined by Planning Staff. (Posting is already required by code.) SUBDIVISIONS AND DEVELOPMENT PLANS 1. A reduced copy of the Preliminary Plat or Development Plan shall be sent to all affected Neighborhood Associations, as determined by Planning Staff. 2. All properties shall be posted 15 days prior to the Development Review Board meeting. 3. Copies of the posting shall be mailed to all Neighborhood Associations that would reasonably be affected by the project, as determined by Planning Staff. AGENDAS 1. Agendas will be published in the Daily Explorer two weeks prior to the scheduled hearing date. Council Member LaSala SECONDED the motion. ROLL CALL VOTE: Council Member Johnson - aye Vice Mayor Parisi - aye Mayor Loomis - aye Council Member Skalsky - aye Council Member LaSala - aye Motion carried, 5 - 0. 6/03/98 Minutes, Council Regular Session 7 8. PUBLIC HEARING - ORDINANCE NO. (0)98-19 OV9-98-01 MOONRIDGE REZONING FROM R1-144 TO R1-20 (PROPERTY LOCATED ON COPPER SPRINGS TRAIL NORTH OF TANGERINE ROAD) Community Development Director Don Chatfield stated that Erieside Construction is proposing to develop the 37.72 acres property into 48 single family residential lots, a minimum of 20,000 square feet in size, for a total density of 1.27 dwelling units per acre. He explained that the project is approximately one half mile north of Tangerine Road, west and adjacent to Sunridge II and north of Wildridge subdivision. Mr. Chatfield explained that the project was formerly known as Sunridge I and was rezoned to R1-20 in 1994; but the former zoning on the property has since expired. Mr. Chatfield stated that the Planning and Zoning Commission recommended approval at their May 5, 1998 meeting with one additional condition of approval to provide for a right turn lane on Tangerine Road. He explained that staff has discussed the issue of installing infrastructure for a future signal light. Mr. Chatfield stated that staff received one letter from homeowners in the Wildridge subdivision opposing the rezoning. Mr. Chatfield stated that staff has evaluated the rezoning against the General Plan Land Use Map and the policies of the various elements. Staff found that the proposed R1-20 zoning and the proposed 1.27 homes per acre is within the General Plan for density for said property. The Commission and staff recommended adoption of the ordinance with the conditions set forth in Exhibits "A" and "B". Jerry Jones, 1870 W. Prince, Ste. 48, developer, stated that they have met with residents from the Wildridge subdivision to address their concerns. He stated that he feels that all concerns expressed by the citizens and staff have been addressed. He explained that they have reduced 57 units down to 48 units. In answer to a question from Council Member LaSala, Mr. Jones stated that cutting out 8 more units would make a big difference in the value of return. Reducing the original 57 proposed units to 48 units still provides a viable subdivision and matches the subdivisions surrounding the project. Vice Mayor Parisi stated that he felt that the developers had a good track record and that this would be a good project. Mr. Jones stated that they considered what was surrounding their project and the owner was willing to listen to all their suggestions. He said that he felt it would contribute to the community. Council Member Skalsky stated that the project blends in with the General Plan and the subdivisions near by. She stated that she understands concerns of the neighbors, but the amount 6/03/98 Minutes, Council Regular Session 8 of housing is less than could have been built and she finds it is a nice development. Council Member LaSala expressed his appreciation of the developers willingness to work with the neighborhood. Mr. Jones stated that they do agree to the standard and special conditions of the right hand turn on Tangerine Road. He stated that the additional electrical that they would provide would be the conduit and the boxes. Mayor Loomis opened the public hearing. Mark Antonvich, 980 W. Silver Spring, stated that the neighbors do not oppose the project but when they bought their lots (in Wildridge) they expected the area to be developed with 40 lots. He stated that they feel the original plan is sufficient and considerations for the area should be based on good planning sense not what the return to the developer would be. He stated that they were not opposed to the zoning but were opposed to the proposed density. In answer to a question from Council Member Skalsky, Mr. Antonvich stated that they did not have a representative for the General Plan as Wildridge was constructed in the past two years. Mr. Chatfield explained that the original rezoning to 40 lots was accomplished in 1994 but expired in 1996 because no construction took place. The General Plan was developed in 1996. He explained that the Wildridge subdivision was not represented in the General Plan process as it was a new subdivision. Mayor Loomis closed the public hearing. In answer to a question from Council Member Johnson, Mr. Chatfield explained that prior to the 1994 rezoning, the area was zoned as R1-144. The property was rezoned to R1-20 and reverted back to R1-144 after the rezoning expired. Vice Mayor Parisi stated that the quality of the project is very important. He explained that the developer provided for open space and made the project one that would increase the value of the neighbors property. MOTION: Vice Mayor Parisi MOVED to adopt Ordinance (0)98-19, the rezoning of 37.72 acres known as Moonridge from Oro Valley R1-144 to Oro Valley R1-20, with the conditions listed in Exhibits "A" and "B". (Exhibits "A" and "B" are attached to the end of the minutes.) Council Member Skalsky SECONDED the motion. ROLL CALL VOTE: Council Member Johnson - aye Vice Mayor Parisi - aye 6/03/98 Minutes, Council Regular Session 9 Mayor Loomis - aye Council Member Skalsky - aye Council Member LaSala - aye Motion carried, 5 - 0. Mr. Jones stated that he has worked with the Town staff on two projects and they are very professional and dedicated and excellent to work with. 9. RESOLUTION NO. (R)98-34 PROPOSED PLANNING COMMISSION PROCEDURES PERTAINING TO RECOMMENDATIONS OF THE AD HOC COMMITTEE ON DEVELOPMENT REVIEW Community Development Director Don Chatfield stated that Resolution No. (R)98-34 deals with recommendations by the Ad Hoc Committee for Development Review dealing with provisions regarding Planning and Zoning Commission procedures. He stated that the first item deals with keeping the Town Council informed about the timeliness of recommendations. The second item deals with establishing a policy dealing with the majority voting rationale in minutes of the meetings. Mr. Chatfield stated that the Planning and Zoning Commission and staff recommend approval of the following revisions to Rules and Operating Procedures: 1. Directing staff to prepare an update to the Council on all items continued in excess of 35 days, indicating why they were continued and when they were expected to be considered next by the Commission; and 2. Establishing a procedure to ensure that the rationale for the majority vote and the names of those members who vote in the minority are included in the minutes. MOTION: Council Member Johnson MOVED to adopt Resolution (R)98-34, Commission procedures pertaining to recommendations of the Ad Hoc Committee on Development Review. Council Member Skalsky SECONDED the motion. ROLL CALL VOTE: Council Member Johnson - aye Vice Mayor Parisi - aye Mayor Loomis - aye Council Member Skalsky - aye Council Member LaSala - aye Motion carried, 5 - 0. 6/03/98 Minutes, Council Regular Session 10 10. RESOLUTION NO. (R)98-35 APPROVAL OF INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM PURPOSES Town Manager Chuck Sweet explained that in 1992, Oro Valley entered into an Intergovernmental Agreement(IGA)with Pima County for Community Development Block Grant (CDBG) purposes. The IGA was approved by the Council but with a variety of concerns. Mr. Sweet stated that the same arrangement was renewed in 1995 by resolution and a memorandum of understanding. The proposed IGA for 1998 is for a three year period. Mr. Sweet expressed his concerns about the wording of the IGA which states that the Town of Oro Valley agrees that the County is delegated the power to plan and undertake community development projects and will have the final responsibility for selecting all such projects. Mr. Sweet explained that by entering into the IGA, the Town is giving Pima County full authority to administer the Community Development Block Grant monies and home investment monies within the community. He explained that he expressed his concerns to Allen Kulwin from Pima County, and Mr. Kulwin indicated that the language in the IGA is driven by HUD. Mr. Sweet stated that Pima County has in the past been careful about projects that occur within incorporated communities. He said that Pima County does make contact with the jurisdictions and asks for endorsement of projects. Mr. Sweet stated that although he is concerned that the written document could be interpreted by others in the future, the reality is that the program has been administered by allowing notification and input from the towns. He stated that he would recommend approval of the intergovernmental agreement and Resolution No. (R)98-35. In answer to a question from Council Member Johnson, Mr. Sweet stated that Marana, South Tucson, Sahuarita, Tucson and Oro Valley have participated in the agreements for CDBG funds. Oro Valley's participation was on a few homes that needed some rehabilitation work. He explained that CDBG funds are driven by low to moderate income levels and Oro Valley's median income level is too high to qualify for most monies. He explained that each year there is approximately $10 million in requests for the region with approximately $3 million in CDBG monies available, with $450,000 available for home investment. He further explained that there might be individual homes within the Town that would qualify for rehabilitation work under the IGA. In answer to a question from Vice Mayor Parisi, Mr. Sweet stated that CDBG funds provide for infrastructure and suitable living quarters and have been directed towards low to moderate income families. Good housing within the region would benefit the entire area. Council Member Skalsky stated that she was opposed to the intergovernmental agreement because there was no wording in the agreement that protected the Town's interest. In answer to questions from Council Member LaSala, Mr. Sweet explained that if a project of 6/03/98 Minutes, Council Regular Session 11 any significance was subsidized by the grants, the Town would be notified of the proposed project and the Town would be able to comment on the proposal. He explained that representatives from the entire region identify eligibility of potential projects for the CDBG funds. Mr. Sweet stated that the advantage to the Town was that in the event that in two to three years there might be a section of the Town that would qualify for the funding, then the Town would be a participant in the Urban County Program. He further explained that another option the Town has, would be to opt out of the Urban County Program and then on an individual basis participate in the Small Cities Program which is a state wide program. He explained that the Town would have more input on the projects, but the competition would be great. Vice Mayor Parisi stated that he would rather allow the monies to be spent in the surrounding areas where it is needed, than to have a project in the Town that we do not really want. Council Member Skalsky stated that even if the Town denies the intergovernmental agreement, there is nothing to stop other organizations or individuals from applying. Council Member Johnson stated that he worked on the Board of Directors for Christmas in April that received monies from CDBG and it was a great program. He further stated that it does not seem that Oro Valley would be eligible and capitulating our rights does not seem to be in the best interest of the Town. MOTION: Council Member Skalsky MOVED to DENY Resolution No. (R)98- 35 and file the Notification of Intent not to participate in the Urban County Program. Council Member LaSala SECONDED the motion. ROLL CALL VOTE Council Member Johnson - aye Vice Mayor Parisi - aye Mayor Loomis - aye Council Member Skalsky - aye Council Member LaSala - aye Motion carried, 5 - 0. 11. RESOLUTION NO. (R)98-36 RENEWAL OF INTERGOVERNMENTAL AGREEMENT WITH SUN TRAN FOR TRANSIT SERVICES Community Development Director Don Chatfield presented an overview of the Sun Tran contracts. He explained that from July 1994 through March 1997, the Town had an Intergovernmental Agreement (IGA) to provide 7.5 round trips per day along Oracle Road from Magee Road to AlliedSignal, Inc. He stated that on January 8, 1997, the Council decided to no longer subsidize SunTran based on low ridership. Then on January 15, 1997, the Council approved a motion to reinstate a subsidy for 2 round trips per weekday. Mr. Chatfield explained 6/03/98 Minutes, Council Regular Session 12 that AlliedSignal agreed to subsidize an additional three trips for a total of five trips per weekday. Mr. Chatfield further explained that the term of the proposed IGA is for a three year period from July 1, 1997 through June 30, 2000 with annual reviews by both the Town of Oro Valley and the City of Tucson. He stated that AlliedSignal has given a possible verbal agreement for a renewal of the first quarter while alternative funding was sought. Mr. Chatfield stated that Allied Signal and Town staff have contacted Pima County Board of Supervisor Mike Boyd, asking for assistance in paying for their portion of the SunTran bill but nothing has been resolved. Council Member LaSala stated that he would like to see the Town at least fund the morning and evening trips. He stated that there are many citizens of the Town that ride SunTran and it also helps protect the air quality in the area. In answer to concerns expressed by Council Member LaSala, John Zukas, Transit Services Administrator, stated that he felt it would be a big detriment to the Town's citizens to cancel the SunTran services completely. He also explained that the Town is under the current IGA for three years and it is subject to annual renegotiations. During that time, if there are changes to the scheduling or termination of service, the Town has 90 days to change the schedule. Mr. Chatfield stated that they would like to respond to the City of Tucson regarding the IGA within the next 2 weeks and would recommend Council decide no later than the June 17th meeting. Mr. Zukas stated that direction was given from Mike Boyd's office to Pima County Transportation to look into available funding for Route 16 Express. He also explained that funding for SunTran service is provided by LTAF (Local Transportation Assistance Funds.) Council Member Johnson stated that he would like to know of the actual costs per rider, how many riders we are dealing with, where the riders are coming from, etc. He stated that he has a problem with subsidizing transportation for riders that are not Oro Valley citizens who are riding to a business that is not located within the Town. In answer to a question from Council Member Johnson, Town Attorney Tobin Sidles explained that notification of 90 days would be required to terminate the agreement. Renegotiations can be held each quarter. Further discussion followed regarding subsidizing AlliedSignal's routes, pollution concerns, and obtaining further information, costs and data and waiting for Pima County's response. Mayor Loomis opened the floor for public comment. Jennifer Weisman, 10333 N. Oracle Road, agreed that the Town should not subsidize AlliedSignal, but she stated that she does use the morning and evening bus runs to get to and from work. She stated that without the two runs, she would have no way of getting to work. 6/03/98 Minutes, Council Regular Session 13 MOTION: Council Member Johnson MOVED to CONTINUE Resolution No. (R)98-36, the Intergovernmental Agreement with the City of Tucson regarding mass transit services. Council Member Skalsky SECONDED the motion. ROLL CALL VOTE Council Member Johnson - aye Vice Mayor Parisi - aye Mayor Loomis - aye Council Member Skalsky - aye Council Member LaSala - aye Motion carried, 5 - 0. 12. RESOLUTION NO. (R)98-31 APPROVAL OF POLICY FOR PRESENTATIONS ON COMPUTER AND OVERHEAD PROJECTOR FOR ALL PLANNING & ZONING, DEVELOPMENT REVIEW BOARD,BOARD OF ADJUSTMENT AND TOWN COUNCIL MEETINGS (CONTINUED FROM MAY 20, 1998) Community Development Director Don Chatfield stated that Resolution No. (R)98-31 was continued from May 20, 1998 to address concerns expressed by Council regarding possible exceptions for applicants that might not have access to multi-media type equipment for presentations. He explained that the revised resolution provides exemptions for such projects that are non-controversial, small scale, or projects in compliance with the General Plan as determined by the Planning and Zoning Administrator. Council Member Johnson stated that by using the overhead projection, the public can also see what is being presented to Council. He stated that he did not think it was too much to ask that presenters use the video display system. Council Member Skalsky stated that the use of the video display system is an excellent idea. She also said that her concerns for the smaller businesses that might not have such equipment were now addressed in the revised resolution. MOTION: Council Member Johnson MOVED to adopt Resolution No. (R)98-31, requiring that all presentations to Boards, Commissions,and Council of Rezonings, subdivision plats, development plans, and planned area developments be formatted to be shown on the Town's projection system or overhead system. ROLL CALL VOTE Council Member Johnson - aye Vice Mayor Parisi - aye Mayor Loomis - aye Council Member Skalsky - aye 6/03/98 Minutes, Council Regular Session 14 Council Member LaSala - aye Motion carried, 5 - 0. 13. ROMO ENTERPRISES REQUEST FOR APPEAL TO MAYOR AND COUNCIL FOR RECONSIDERATION TO INITIATE AN AMENDMENT TO THE TOWN OF ORO VALLEY ZONING CODE REVISED, CHAPTER 10, SECTION 10-410, ORACLE ROAD SCENIC CORRIDOR OVERLAY DISTRICT Community Development Director Don Chatfield stated that the Planning and Zoning Commission held a meeting on April 7, 1998 at which they moved to deny the initiation of a zoning code text amendment to the Oracle Road Scenic Corridor Overlay District. He explained that per the Zoning Code Revised, an applicant may appeal the denial of a public hearing to the Planning and Zoning Commission to the Council. Mr. Schubart representing Romo Enterprises has requested that Council reconsider their request to initiate a change to the Zoning Code. Mr. Chatfield stated that the applicant requests to delete Section 10-410, relating to conversion of C-1 (Commercial) zones. He stated that this section automatically converts properties zoned non-PAD C-1, and which are vacant or unimproved, or have no General Plan designation, to the R-S (Residential Service) District. He stated that if Council elects to initiate the amendment to the Zoning Code, then the public hearing process would begin to review the situation. He explained that according to staff review, Romo Enterprises' property may be the only property along the Oracle Road Scenic Corridor Overlay District that is affected by this conversion. In answer to questions from Council, Mr. Chatfield explained that the purpose for Section 10-410 was to try to minimize development of strip commercial along Oracle Road. The desire was to convert from commercial uses to residential uses. He also explained that there was concern expressed by neighboring residents about the development of the properties zoned Commercial. Council, therefore, tried to put into the process a way that some of the Commercial zoning could be converted to less intense uses to protect the neighbors. He stated that it would be consistent with the General Plan policies to see commercial activities developed at major intersections. Vice Mayor Parisi and Council Member Skalsky expressed their concerns about having more apartment complexes in the Town. They felt more viable interests for the Town would be small commercial, neighborhood developments with less impact to the neighborhood. G. Lawrence Schubart, representing Romo Enterprises, stated that the property in question is 3.7 acres in size and sits at the southwest corner of Hardy Road and Oracle Road. It is hard zoned as C-1. He stated that there is now only one parcel that would apply to this section, so there could be no mass concerns for commercial strips. He explained that the property is appropriate to be utilized in a commercial manner. The owners priority would be to provide a meaningful use for the property that would be adaptable and harmonious to the neighborhood. He requested that Council initiate an amendment to Chapter 10, Section 10-410 of the Zoning Code Revised. 6/03/98 Minutes, Council Regular Session 15 In answer to a question from Council Member LaSala, Mr. Chatfield explained that this is an appeal to the Commissions decision, so if Council denied the request from Romo Enterprises, the process would be ended. If Council grants the initiation, the item will go back before the Commission for a public hearing. MOTION: Council Member Johnson MOVED to initiate an amendment to the Oro Valley Zoning Code Revised, Chapter 10, Oracle Road Scenic Corridor Overlay District, and direct staff to set the public hearing for the July 7, 1998 meeting of the Planning and Zoning Commission. Vice Mayor Parisi SECONDED the motion. DISCUSSION: Mayor Loomis expressed his concerns about the number of properties that may be impacted by the change. He also asked about alternate uses for the R-S (Residential-Service) District. Mr. Chatfield stated that some of the allowed businesses in the R-S district would be: business and professional offices, medical or dental offices, studios for professional work, multi-family and single family dwelling units, community owned buildings and temporary real estate business. In the conditional use category: art gallery, bank, day school, mature adult retirement quarters, skilled nursing care facilities, and major communication facilities. The maximum density in the R-S District is approximately 8 units per acre. Council Member Johnson stated that during the process of the initiation of the amendment, the issues of what would be allowed will be considered by the Commission during a public hearing and then come back to Council. In answer to questions from Council Member Skalsky, Mr. Chatfield explained that he was unaware of any applications or requests for use on the property in the past. He further explained that during the General Plan, discussion did take place regarding the designation of the site and that neighbors in the area were represented. He stated that General Plan recommends "other than commercial uses" on the property. Vice Mayor Parisi stated that he lives in the neighborhood, and they have been trying to get businesses to come in to the area. He stated that their biggest fear is high density residential. He stated that by initiating the amendment, they would have the ability to scrutinize the whole area. ROLL CALL VOTE Council Member Johnson - aye Vice Mayor Parisi - aye Mayor Loomis - nay Council Member Skalsky - aye 6/03/98 Minutes, Council Regular Session 16 Council Member LaSala - nay Motion carried, 3 - 2. 14. DISCUSSION AND/OR POSSIBLE ACTION ON DEVELOPING A POLICY WITH REGARD TO ORO VALLEY POLICE EMPLOYEES AND TOWN OF ORO VALLEY Vice Mayor Parisi reported that he has met with the Fraternal Order of Police Lodge 53 and asked that members of the FOP be allowed to speak. Jason Larter, Sergeant with Oro Valley Police Department representing FOP #53, stated that they are working towards policy and a Council Resolution. He stated that they are working on four areas: 1. The Oro Valley FOP Lodge #53 be recognized as the formal bargaining agent; 2. There be a minimum of one meeting per year between a committee representing the FOP and the Council in order to discuss items; 3. There be arbitration with an independent third party to resolve any possible impasses that may occur; and 4. The policy, if enacted, would be modified or rescinded by mutual consent of the Council and the FOP or by a referendum. Joe Corona, Sergeant with the Oro Valley representing FOP#53, encouraged the Council to adopt the proposal of allowing the FOP to meet with the Town and work out the mechanics for the resolution. Vice Mayor Parisi stated that he supported the FOP's right to bargain and to do it in good faith. He stated that his motion would in no way circumvent the officer's rights to organize or to have a referendum. He stated that he felt the Town should have a policy in effect so that the officers would not have to come before the Council and ask to be heard. MOTION: Vice Mayor Parisi MOVED to direct staff to work together with a representative of FOP Lodge #53 to develop Town policy in regards to employer/employee relationships. Council Member Johnson SECONDED the motion. DISCUSSION: Vice Mayor Parisi stated that his intent is that when staff sits down with representatives of the FOP, that staff recognizes them as equals. They can then bargain in good faith. He offered his help in the process. He stated that he would like to see at least a general policy adopted by the next Council meeting. Council Member Skalsky stated that it was essential that staff have a policy that allows them to speak with the Council should they come against a "blank wall." She stated that she did not want to set up a policy that would circumvent the officers working with the Chief of Police. Council Member Johnson stated that this motion would set in process the steps to reach the goals 6/03/98 Minutes, Council Regular Session 17 and objectives of the officers. He stated that Oro Valley has the best staff and police department in Arizona, and this was a good vehicle to provide communication with Council and staff. ROLL CALL VOTE: Council Member Johnson - aye Vice Mayor Parisi - aye Mayor Loomis - aye Council Member Skalsky - aye Council Member LaSala - aye Motion carried, 5 - 0. 15. AUTHORIZATION TO SEND A LETTER TO PIMA COUNTY AND AMPHITHEATER SCHOOL DISTRICT REGARDING AN ORO VALLEY LIBRARY Council Member Johnson stated that he felt it was very important to get a library located in Oro Valley. He stated that the bond package approved by the voters last spring appropriated $2 million to be used for a new northwest library. Mr. Johnson stated that he felt the library should be built in Oro Valley and not in conjunction with the proposed high school site. He explained that Oro Valley citizens pay approximately $340,000 - $360,000 annually in library taxes to the county to run the library district. Council Member Johnson said that he and Town Manager Chuck Sweet met with the Pima County Librarian and looked at the property on the corner of Naranja Road and La Canada Drive as a proposed site for the library with possible addition of meeting rooms, etc. by the Town. He stated that he felt this site was an excellent site that would be centrally located to the citizens and Copper Creek School. MOTION: Council Member Johnson MOVED to send a letter to the appropriate people regarding an Oro Valley Library. Council Member Skalsky SECONDED the motion. ROLL CALL VOTE: Council Member Johnson - aye Vice Mayor Parisi - aye Mayor Loomis - aye Council Member Skalsky - aye Council Member LaSala - aye Motion carried, 5 - 0. 6/03/98 Minutes, Council Regular Session 18 TOWN MANAGER'S REPORT No report. ENGINEER'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. POLICE CHIEF'S REPORT Police Chief Wolff stated the Town received$118,000 from the Department of Drug Enforcement for the involvement of one of Oro Valley's police officers in two drug busts and seizures. COUNCIL COMMITTEE REPORTS Council Member Johnson stated that he attended a planning conference on growth boundaries and felt it was a good experience. Vice Mayor Parisi reported that the Tucson Symphony Orchestra will be performing in Oro Valley in the near future, and that the Chamber will be holding a golf tournament with some Town officials participating in the tournament. CALL TO AUDIENCE Paula Abbott, 12700 N. Bandanna Way, expressed her support of the police officers in their endeavor to open up communications between the Council and the officers. She also concurred with the fact that the Town needs a library. EXECUTIVE SESSION AT OR AFTER 7:00 P.M. MOTION: Council Member Johnson MOVED to go into an Executive Session at 9:42 p.m. in accordance with ARS 38-431.03(A)(3) and ARS 38-431.03(A)(4) to obtain legal advice and to discuss pending or contemplated litigation regarding: 1. Oro Valley F.O.P. request for representation 6/03/98 Minutes, Council Regular Session 19 2. Property settlement request on the Garber v. Oro Valley Shackelford case - Superior Court Case No. CV 314380 Council Member LaSala SECONDED the motion. Motion carried 5 - 0. MOTION: Council Member Johnson MOVED to go out of Executive Session at 10:20 p.m. Council Member Skalsky SECONDED the motion. Motion carried, 5 - 0. ADJOURNMENT MOTION: Council Member LaSala MOVED to adjourn the regular session at 10:22 p.m. Vice Mayor Parisi SECONDED the motion. Motion carried, 3 - 0. Respectfully submitted, Roxana Garrity, Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the Town Council of Oro Valley, Arizona held on the 3rd day of June, 1998. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 1998 Kathryn E. Cuvelier, CMC Town Clerk Exhibit "A" Item 8 EXHIBIT "A" TOWN COUNCIL SPECIAL CONDITIONS OF APPROVAL OV9-98-1 REZONING REQUEST FOR MOONRIDGE FROM R1-144 TO R1-20 1. All Standard Conditions for Non-PAD rezonings should be imposed(attached). 2. The western wash shall be preserved as natural open space due to the Planning and Zoning Commission having found that one or all of the following criteria to exist: a) Uniquely high density and/or quality of vegetation b) High quality of wildlife habitat per the Arizona Department of Game and Fish c) Linkages to public preserves and major washes d) Continuity of the wash through developed areas 3. The area to be preserved shall include the area of the 100 year floodplain and the dense vegetation surrounding the boundary, as identified on the vegetation map inventory. 4. The riparian habitat on the east shall be fenced off and protected from disturbance during construction, in accordance with the Riparian Habitat Ordinance. 5. A conservation easement shall be placed on the protected riparian habitat on the east side and the wash on the west side as well, except for wash crossings, to protect the areas in perpetuity from construction, clearing of vegetation, ground disturbance and alteration of topography. 6. Discharge of any chemical, chemical-carrying liquid, including swimming pool discharge, or any dangerous substance into the riparian habitat and 15' apron area shall be prohibited. 7. The drainage pipe shown on Placita Nueva Luna shall be revised to show a box culvert or a similar type of drainage structure that will cause the least amount of disturbance to the wash crossing. 8. The location of the rip-rap for drainage and erosion shall be added to the site plan. 9. A letter from the school district shall be provided discussing provision of bus stops and walking paths to schools. 10. Bufferyards shall be shown along the public streets. 11. The General Note section shall be revised to include the protected washes as undisturbed open space. The recreation area shall be labeled"meaningful"open space. 12. The driveway access shall be shown to lot 45. 13. The property owner must provide a sanitary sewer flow-through to the proposed Vistoso Ridge development to the north and the existing Sunridge II development to the east. 14. Building pads predominated by 15% slope shall be designed to minimize exposed slopes. All areas of Hillside Development Zone (25% and greater slopes) shall be identified and labeled as conservation area. 15. The building height referred to 25' on page 18 shall be corrected to 18' building height. 16. Recreation area amenities will be required at the time of platting in accordance with adopted Town codes and policies. 17. Salvageable trees shall be either side-boxed or spaded and incorporated into the project landscaping. 18. All Saguaros shall be preserved in place, or if necessary for construction, salvaged and re-planted on-site. 19. The applicant shall supply an updated letter from the Arizona Game and Fish Department regarding the possible occurrence of State-listed threatened or endangered species on the subject property. If such species do occur, the applicant shall arrange for acceptable mitigation measures. Arizona Game and Fish Department's guidelines for handling desert tortoise and cactus ferruginous pygmy owl specimens shall be followed, if these animals are encountered during development. 20. Only native plant materials shall be used for the purposes of site revegetation. 21. A homeowners' association shall be formed for this subdivision, which shall be charged with preservation of the protected riparian habitat in an undisturbed state. 22. The preliminary and final plats for this subdivision shall be in substantial conformance with the tentative development plan approved by the Mayor and Council. 23. All lots shall be a minimum of 80' in width. On lots with less than the 80' minimum, setbacks will be placed where the lot becomes 80' wide. 24. Grading shall be limited 10,000 SF per lot for building envelopes, excluding driveways and utility installation. Areas outside the gradable areas shall be designated as undisturbed, natural open space. 25. Cross-sections of the proposed grading and slope stabilization features in areas of existing 15%or greater slopes shall be shown. 26. A right turn lane on Tangerine Road shall be completed as one of the first actions by the developer. 27. A revised TDP incorporating all Town Council adopted conditions shall be submitted for staff review prior to submittal of the preliminary plat for Town Council review. ORO VALLEY PLANNING AND ZONING DEPARTMENT STANDARD CONDITIONS FOR NON-P.A.D. REZONINGS Completion of the following requirements for a rezoning ordinance within the time frame specified herein from the date of approval by the Town Council: 1. Submittal of a complete hydraulic and hydrologic drainage report. 2. Approval of a development plan and/or recordation of a final plat as determined necessary by the appropriate Town Departments. 3. A suitable arrangement with Pima County Health Department or Pima County Wastewater Management for sewage disposal. 4. Recording a covenant holding the Town of Oro Valley harmless in the event of flooding. 5. Provision of development-related assurances as required by the appropriate Town departments. 6. Recording a covenant to remove only that vegetation that is necessary for building pads and accessory uses and the necessary roads and driveways and to salvage all healthy Palo Verde, Mesquite, Ironwood, Saguaros and Barrel Cacti for on-site landscaping purposes. 7. Recording any other development-related covenants as determined necessary by the appropriate Town departments. 8. Roads shall be constructed in conformance with the Town of Oro Valley standards. 9. Landscaping to consist of low water use and low pollen-producing vegetation. 10. Adherence to the Tentative Development Plan approved by the Oro Valley Town Council. 11. Significant change to the tentative development plan or conditions of rezoning, as defined by Sec. 3-104B, shall require re-review by the Planning Commission and Town Council in accordance with Chapter 3 of the Oro Valley Zoning Code Revised. 12. The relocation and/or extension of utilities pursuant to the development or redevelopment of the subject parcel will be at no cost to the Town of Oro Valley. 13. Dedication of public rights-of-way through plat recordation in accordance with current Town ordinances. 14. Posting Development Opportunity Assessments (DOAs) in an approved form as determined necessary by the appropriate Town departments. 15. Submittal of a traffic impact analysis in accordance with Sec. 9-110N, unless modified by the Town Engineer and Zoning Administrator. 16. Completion of the requirements for a zoning ordinance within 2 years from the date of approval by Town Council. If the specified time frame is not met and no extension is granted, this conditional approval shall lapse. . 17. All conditions which require revisions to the tentative development plan and/or site analysis must be completed prior to Town Council public hearing. Rev. 11-29-89 2-21-89 1-31-90 3-28-90 4-16-90 5-13-94 Adopted by Mayor and Council Resolution No. (R)90-21 May 2, 1990 Exhibit "B" Item 8 EXHIBIT"B" • Town Council Meeting: June 3, 1998 Town Engineer Conditions for Approval Rezone: Moonridge 0V9-98-01 RECOMMENDATIONS Department of Public Works staff has reviewed the rezoning request for the proposed project and has no objections to approval subject to the following conditions: 1. The design speed for Copper Spring Trail shall be 30 mph. 2. The horizontal and vertical street design shall meet the Town of Oro Valley Subdivision Street Standards (TOVSSS)for the design speed. 3. A grader or`v'ditch shall be provided behind road shoulders as necessary to control drainage. 4. The applicant shall construct a right-turn deceleration lane for westbound Tangerine Road at the Copper Spring Trail intersection. The deceleration lane design shall be in conformance with the TOVSSS. A left- turn-lane already exists. 5. If determined to be appropriate or necessary by the Town Engineer prior to final approval of improvement plans for this project, the applicant shall install conduit and pullboxes for future signalization of the intersection of Copper Springs Trail and Tangerine Road. 6. The applicant shall work with the Town of Oro Valley Water Utility personnel to provide necessary utility easements and water system improvements. The improvements could include providing a looped system between this project and Sunridge II to the east. own Engineer Word document\TCRPT\TC99801 Rez TOWN OF ORO VALLEY • COUNCIL COMMUNICATION MEETING DATE: July 1, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Shirley Gay, Assurance Clerk SUBJECT: Request for La Cholla Estates, (OV12-95-17) to Post a Bond In Lieu of a Third- Party Trust. SUMMARY: Ben Becker, Tucson Realty and Trust, and Lou Turner with D. R. Horton Homes request approval to post a bond in the amount of $911,550 in lieu of a third party trust for lots 1-94 at La Cholla Estates. Planning Staff has no objections to this request, and the Department of Public Works has no objections to a bond in this amount. However, due to past problems in claiming bonds, Staff recommends adding a condition that no more than 60 of the units will be permitted until all common (not lot-specific) improvements are complete. It should be pointed out that Horton Homes has successfully made and competed bond assurances with both the City of Tucson and the Town of Marana. RECOMMENDATIONS: As of the date that this report was written, Staff had not seen the proposed bond because the applicant had just received confirmation of the amount required. Staff will provide a recommendation at the Town Council Meeting. SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve OV 12-95-17 La Cholla Estates Lots 1-94 a bond in the amount of $911,550 in lieu of a third party trust agreement with the condition that no more than 60 of the units will be permitted until all common (not lot-specific) improvements are complete. Or I move to deny OV 12-95-17 La Cholla Estates, Lots 1-94 a bond in the amount of$911,550 in lieu of a third part trust agreement. ATTACHMENTS: None: Bond to be provided at the hearing. GOV c,-1 P . ng : d Zo : . ,l inistrator . / to, . . l 42' o �� nity D Iii-coment� 1 irector 41 own Man e F:\individ\sag\assur\tccrel TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: July 1, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, CMC, Town Clerk SUBJECT: APPOINTMENT OF COUNCIL MEMBER FRAN LaSALA AS LIAISON TO THE WATER UTILITY COMMISSION & PARKS & RECREATION ADVISORY BOARD SUMMARY: Council Member LaSala has volunteered to serve as the Liaison to the Water Utility Commission and the Parks & Recreation Advisory Board vacated by former Council Members Frank Butrico and Bill Kautenburger. Mayor Loomis feels that with the upcoming events of these 2 Boards, a Council Liaison should be appointed now with the remainder of the Liaison positions to be discussed during a study session. SUGGESTED MOTION: I MOVE to appoint Fran LaSala to serve as the Liaison to the Water Utility Commission and the Parks & Recreation Advisory Board. Department Head / / 1 Town Manager TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: July 1, 1998 • TO: HONORABLE MAYOR& COUNCIL FROM: Donald L. Chatfield, AICP, Community Development Director SUBJECT: Resolution No. (R)98-40 Approval of Contract from Pima Association of Governments to Fund Oro Valley Summer Youth Arts Project SUMMARY: On May 15, 1998, the Town of Oro Valley submitted an application to the Pima Association of Governments to receive funding from the Summer Transportation Art by Youth Program. Oro Valley is eligible to receive $25,000 from this funding source. The attached letter from PAG, dated June 19, 1998, indicates that the Town has been approved for funding, subject to execution of the contract. The Summer Youth Arts Project commenced on June 1, 1998 and the students have made successful presentations to the Development Review Board and the Town Council. Construction on the site is scheduled to begin next week. The Community Development Department wishes to extend congratulations to the participants in the project for their fine work to date. A separate contract is being prepared to address the services being performed by the Tucson/Pima Arts Council to administer the program. It is anticipated that this contract will be presented to Council on July 15, 1998. RECOMMENDATION: Community Development Staff recommends Council adoption of the agreement for service with the Pima Association of Governments for funding of the Oro Valley Summer Youth Arts Project. SUGGESTED MOTION: I move to approve Resolution No. (R)98-40 approving the Agreement for Services with the Pima Association of Governments to fund the Oro Valley Summer Youth Arts Project. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 ATTACHMENTS: 1. Resolution No. (R)98-40 2. Letter to Mr. Dick Eggerding from PAG, dated June 19, 1998 3. Contract for Services from Pima Association of Governments F:\INDIVID\DLC\COMM_DEVTAGCONTR.TCC / • II 11°' • Community De`- • •ment Dir ctor 1dif Town Manage RESOLUTION NO. (R)98-4o A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING AS A PUBLIC RECORD AND APPROVING THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "AGREEMENT FOR SERVICE"; AND DECLARING AN EMERGENCY BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: That certain document known as "PAG Contract Agreement for Service," is hereby declared to be a public record and three copies are to remain on file in the office of the Town Clerk. WHEREAS, the Town of Oro Valley currently administers a summer youth employment program to provide youth with training and experience in public art; and WHEREAS, the Pima Association of Governments has set aside Highway User Revenue Funds for public transportation art projects as part of the youth employment program during the summer of 1998; and WHEREAS, the Town of Oro Valley desires to enter into a contract agreement to secure funding for the Oro Valley Summer Youth Arts Program; 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 1st day of July, 1998. Paul Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney PIMA ASSOCIATION OF GOVERNMENTS TRANSPORTATION PLANNING DIVISION 177 NORTH CHURCH AVE.,SUITE 501 TUCSON.ARIZONA 85701-1127 (520)628-5313 June 19, 1998 Mr. Dick Eggerding, Chair Oro Valley Arts Advisory Board 11000 N. La Canada Drive Oro Valley, AZ 85737 Dear Mr. Eggerding: Enclosed for signature by authorized Town officials are two original AGREEMENT FOR SERVICES documents which must be executed in accordance with the Summer Transportation Art By Youth Program. When the documents have been signed, please return both copies directly to me. When subsequently signed by the Chairman of the PAG Regional Council, one of the originals will be returned to you and we will retain the other in our files. We are very pleased that the Town has chosen to participate in the Program, and we look forward to witnessing the obvious benefits to the youth involved. Very truly yours, //v John '. Taylor, P.E. S Manager PAG Contract AGREEMENT FOR SERVICE THIS AGREEMENT entered into this day of , 1998 by and between the Town of Oro Valley, hereinafter called TOWN, a corporate and body politic of the State of Arizona, and the Pima Association of Governments, an Arizona non-profit corporation, hereinafter called " PAG", WITNESSETH WHEREAS, TOWN currently administers, or wishes to administer, a summer youth employment program to provide youth with training and experience in public art; and WHEREAS, PAG has set aside Highway User Revenue Funds for public transportation art projects as part of the youth employment program during the summer of 1998; NOW, THEREFORE, both parties agree as follows: ARTICLE I TERM: This agreement shall be effective as of the date of signature and shall terminate on June 30, 1999, unless sooner terminated or further extended pursuant to the provisions of Article V of this Agreement. ARTICLE II PURPOSE AND WORK STATEMENT In accordance with the attached letter from Donald L. Chatfield, AICP, Town of Oro Valley Community Development Director, dated May 14, 1998, TOWN will administer a project resulting in beautification of a SunTran transit stop along State Route 77 within the Town. Design and implementation will be subject to approval of the Arizona Department of Transportation, SunTran, and the Oro Valley Town Council. Under supervision from an artist, the youth shall be responsible for designing and implementing a public transportation art project that beautifies a portion of a State Highway within the PAG region. ARTICLE III TOWN'S DUTIES TOWN shall provide the following services: • * administer the project as described above and in the attachment to Mr. Chatfield's letter. * recruit youth from economically disadvantaged communities in Pima County, particularly from southern Pima County. * consult with representatives of the Town and other involved parties in determining the precise location of the completed art work project. * provide for review and approval of the completed art work by representatives of the Town and other involved parties. * assume all responsibilities for the project, including cost and quality control measures for design and construction. * submit a final report to PAG no later than March 1, 1999, detailing the results of the program. tq '1 ARTICLE IV PAYMENT: A. Total payment for the term of the contract shall not exceed $ 25,000. B. PAG shall pay TOWN quarterly upon receipt of an acceptable, properly completed invoice detailing project expenditures. C. PAG shall have sole discretion to determine whether or not to pay for work done by the TOWN prior to ratification of this Agreement and to determine the amount of such payment. ARTICLE V TERMINATION FOR CONVENIENCE PAG may, at any time and without cause, cancel this Agreement by serving upon TOWN 30 days advance written notice of such intent to cancel. In event of such cancellation, PAG's only obligation to TOWN_shall be payment for services rendered prior to cancellation. ARTICLE VI CONFLICT OF INTEREST: This Agreement is subject to the provisions of A.R.S. 38-511 which provides as follows: " The State, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty of further obligation, made by the State, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the State, its political subdivisions or any of the departments or agencies of either is, at any time, while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party to the contract with respect to the subject matter of the contract." ARTICLE VII ASSIGNABILITY: TOWN shall not assign any interest in this Agreement, and shall not transfer any interest in the same without prior written consent of PAG thereto; provided, however, that claims for money due or to become due to TOWN from PAG under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to PAG: ARTICLE VIII INTEREST OF TOWN: TOWN covenants that, it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. TOWN further covenants that in the performance of this Agreement, no person having any such interest shall be employed. ARTICLE IX FINDINGS CONFIDENTIAL: Any reports, information, data, etc., given to, prepared or assembled by TOWN under this Agreement which PAG requests to be kept as confidential shall not be made available to anyindividual or organization by TOWN without prior written approval of g PAG. PAG shall not, however, withhold such approvals unreasonably or in violation of applicable Federal or Arizona State Law. Publicity releases or releases of information or publications concerning this Agreement shall be coordinated with PAG prior to said release. ARTICLE X OFFICIALS NOT TO BENEFIT: No member of or delegates to the Congress of the United States of America, and no resident commissioner , shall be admitted to any share or part of the Agreement or to any benefit to arise herefrom. ARTICLE XI NONDISCRIMINATION: There shall be no discrimination against any employee who is employed in the work covered by this Agreement, or against any applicant for such employment because of race, religion, color, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. TOWN shall insert a similar provision in all contracts covered by this Agreement. ARTICLE XII AMERICANS WITH DISABILITIES ACT: TOWN shall comply with applicable provisions of the Americans With Disabilities Act (Public Law 101 336, 42, U.S.C. 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36. ARTICLE XIII NON - WAIVER The failure of PAG to assist in any one or more instances upon the full and complete compliance with any of the terms and provisions of this Agreement, to take any action permitted as a result thereof, shall not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same or any other covenant or condition either in the past or in the future. ARTICLE XIV • INDEMNIFICATION: TOWN and PAG shall each indemnify, defend and hold harmless their own officers, employees and agents from and against any and all suits, actions, legal administrative proceedings, claims or demands and costs attendant thereto, arising out of any act, omission, fault or negligence by each party, its agents, employees, or anyone under its direction or control or on behalf in connection with performance of this Agreement. ARTICLE XV SEVERABILITY: Each provision of this Agreement stands alone, and any provision of this Agreement found to be prohibited by law shall be ineffective to the extent of such • prohibition without invalidating the remainder of this Agreement. ti ARTICLE XVI OTHER DOCUMENTS: PAG and TOWN, in entering into this Agreement, have relied upon information provided in Mr. Chatfield's letter of interest from which information has been hereby incorporated into and made a part of this Agreement. ARTICLE XVII Funding for this contract is being provided by the Arizona Department of Transportation. PAG has no funds of its own to pay for the work being done under this contract, and therefore is not obligated to pay TOWN until PAG receives payment from the ADOT. Costs incurred by TOWN as the result of any changes by PAG and/or by TOWN outside the general Scope of this contract will not be allowed for reimbursement under this contract unless these changes and related costs have been approved by PAG in writing prior to incurring the costs. ARTICLE XVIII • ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between the parties and shall not be modified, altered, amended, or changed except in writing and by mutual consent of the parties hereto. THE FOREGOING AGREEMENT was entered into by both parties on this day of , 1998. TOWN OF ORO VALLEY PIMA ASSOCIATION OF GOVT.S Mayor As PAG Regional Council Chairman and not personally. APPROVED AS TO FORM APPROVED AS TO FORM OtrIAL-0Town Attorney PAG Legal Counsel J c7 .if .rJ JP�LEY qR/ O • •C'O '. ' '`•1 TOWN OF ORO VALLEY • ` �- ' 4 11000 N. LA CANADA DRIVE , ' _ .4 ... . c ORO VALLEY, ARIZONA 85737 ..,:.....")' ,'., •A , r,' �r(:,.• ' Administrative Offices(520)297-2591 Fax(520)297-0428;.�`- ,, ':.:"") 'Az."`--#..-t•.‘• pw.,,....+'^ 91, 41",,-<,.._:-!, r OUN D ED 1 ,�� `,,; I May 14, 1998 . '��., Mr. Thomas L. Swanson Executive Director Pima Association of Governments 177 N. Church Avenue Suite 501 Tucson, AZ 85701-1127 RE: Application for PAG Transportation Enhancement/Transportation Art by Youth Project for Summer 1998 Dear Tom: Thank you for your letter of May 4th indicating that PAG has allocated funding for one $25,000 project within Oro Valley. Our community is proud of the past Summer Youth Projects and we look forward to successfully participating again this year. I believe that our application satisfies your eligibility criteria in that it is sponsored by the Town of Oro Valley and it relates to the regional transportation network. The attached application provides full information about the nature of the project and its relationship to . transportation. Thank you for consideration of this application. Please contact my office if you need any . further information. • erely, / i • a '\ `i i 0 0 , t i ,....;.f 0 ill Donald L. Chat AICP Community De lopment I'rector Town of Oro Valley , ' 4 APPLICATION FOR PAG FUNDING PAG TRANSPORTATION ENHANCEMENT/TRANSPORTATION ART BY YOUTH Summer 1998 Project A. Local Government Sponsor: Town of Oro Valley, Arizona B. Project Contact: Mr. Dick Eggerding, Chair Oro Valley Arts Advisory Board 11000 N. La Canada Drive Oro Valley, AZ 85737 Phone: 297-2591 . C. Project Location: Planning and Design: The initial site for planning and design will be a classroom at the Canon del Oro High School. The classroom has access to restroom facilities and wash- up facilities for the students. Construction Site: SunTran bus stop at the southwest corner of the intersection of Oracle Road (State Route 77) and First Avenue. D. Description of Relation to Transportation System: The ArtWORKS! Job Training Program in the Arts has been developed to employ youth in the design and construction of artwork for areas that have a need for culturally sensitive beautification that will make a positive statement along the State Route 77 for a number of years. The SunTran bus stop is routinely used by Oro Valley residents for their commute to Tucson. Beautification of the bus stop will enhance the experience for SunTran riders and will also raise the visibility of this service to the driving public. E. Description of Work to be Done: The project will provide drought-tolerant, native landscape beautification of the bus stop area. It will also provide bus stop renovation, possibly to include construction of a bench and associated signage. Specific details will be determined during the initial design phase and will be subject to approval by the Arizona Department of Transportation, SunTran, and the Oro Valley Town Council. Per the recommendation of SunTran, the youth will use TCRP Report 19, "Guidelines for the Location and Design of Bus Stops." F. Description of Involvement of the Youth: An artist will work with the youth during the public art process. The youth will meet with members of thep rivate and business communities as well as the Oro Valley Town Council for input on landscape design. The youth will make a presentation to the Town Council for-design approval. Once the design is approved, the youth and the artist will begin implementing the design to the specified location. The project will include: ' es organizational skills, working with local business and constructing any structure that • will apply math concepts as they measure distances, maybe designed. Each youth i PP Y phase of the amount of materials needed for a particular compute areas, and estimate thewill earn money for P youth wi their compensation for time on the project, project. ThroughP school clothes or college. G. Description of Benefit of Project: residents, visible to local State Route is highly Art that can be viewed on a majorthe viewer a unique potential businesses. Well executed public art can give tourists, and insightart will eventually become part of the cultural composition into of the area. The Valleyarea. Youth who participate and cultural character of the transportation the Oro and connection to the community by project willgain a sense of accomplishment on the p J always point to with pride• ing to build a lasting monument that they can y help H. Who will Administer Project: for contract with the Tucson-Pima Arts Council The Town proposes to Director of ArtWORKS!, project.administration theof p •�ect. Lorraine Hernandez, the Program will administer the project. How Project will be Administered: I' a contract with the Tucson-Pima Arts The Town of Oro Valley will enter into will ArtWORKS! Summer Art Project. Regular project updates Council to oversee the ArtW erdin the Chair of Hernandez,the project administrator, to Mr. Eggerding,be provided by Ms. P J the Oro Valley Arts Advisory Board. J. Budget for Project (PAG cost not to exceed $25,000) em loy 10 youth for 7 weeks) a. Youth Salaries (to employ $5.15/hr. x 30hr/wk x 7 =210 hours per student = $10,815 FICA, weekcomp, unemployment, = 865 Etc. = $11,680 TOTAL YOUTH SALARIES b. Supplies Materials =$2,000 Installation = $2,5005 0 Cellular Phone = 1 Dedication Ceremony = 100 TOTAL SUPPLIES = $ 4,750 c. Artist Salary $20 /hr x 35 hr/wk x 8 = $5,600 FICA = 448 Mileage lea e = 350 = $ 6398 TOTAL ARTIST SALARY ' • d. Administrative Costs Program Operations— phone, copy, etc. = $1,080 Arts Education Director for Curriculum and Training = $ 200 Mediation Counselor = $ 320 Program Documentation = $ 150 Substitute Teachers = $ 200 Program Evaluator =$ 222 TOTAL ADMINISTRATIVE COSTS = $ 2,172 TOTAL PROGRAM COST: = $25,000 K. Project Schedule: Date Task/Action June 1 Project Commences Project Design Coordination with ADOT and SunTran June 17 Student Presentation to Town Council/Council approval June 22 Project Construction begins June 29 Site Preparation begins July 6 Site Installation begins July 17 Project Completion/Dedication Ceremony L. Rendering No rendering is available at this time. The design process is included in the first • phase of the project and will include youth participation. 14 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: July 1, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: Chuck Sweet, Town Manager Don Chatfield, Community Development Director Ken Lawrence, Parks and Recreation Administrator SUBJECT: 1998 El Tour de Tucson Bicycle Race SUMMARY: The Town has received a letter of request from Mr. Richard DeBernardis, Executive Director of the El Tour de Tucson Bicycle Race. Once again Oro Valley is being asked to host the 75 mile event of this race and is tentatively scheduled to start in front of Town Hall at 8:00 a.m. on Saturday, November 21, 1998. The race route is scheduled to go north from Town Hall on La Canada Drive to Tangerine Road, east to Rancho Vistoso Boulevard, north and east on Rancho Vistoso Boulevard to Oracle Road, and south on Oracle Road past Magee Road. Consistent with last year, El Tour de Tucson is willing provide all the necessary event personnel and equipment, a certificate of insurance, as well as provide the Town with substantial publicity as indicated in their attached letter. What is being requested of the Town again this year is to provide street sweeping, police protection, and traffic control at no charge, as well as waiving any applicable permit fees that normally would be required. In corresponding with the various Town departments, the following arrangements would need to be made: 1. Obtain a Special Use Permit through the Planning and Zoning Department. 2. Execution of an agreement similar to the one used in 1997 which would address all pertinent terms and conditions. 3. A Certificate of Insurance needs to be provided by El Tour de Tucson naming the Town as additionally insured. 4. The Town Clerk's office has offered to display the event t - shirts with the Town's logo in the lobby of the administration building for sale as well as any information relating to the event. 5. A Right of Way Permit would need to be obtained by El Tour de Tucson through the Engineering Department, with the condition that they also provide a traffic control plan in their application. STAFF RECOMMENDATION: The Town participated in this event in 1997 which was quite successful in providing the community with substantial publicly as a major contributor and sponsor. Staff would recommend that the Town once again consider participation, should the suggested terms and conditions of the proposed agreement meet Council's approval. ATTACHMENTS: 1. Letter from Richard DeBernardis, Executive Director of El Tour de Tucson 2. Proposed 1998 race map 3. Proposed 1998 Agreement FISCAL IMPACT: General Fund; $3,630.00 1. Required Police Department Personnel (17 officers) and related vehicle fuel costs is estimated at $3,500 and does not include any administrative staff, volunteer, or Explorer time involved. 2. Required Public Works Personnel (1 Streetsweeper operator) and equipment costs is estimated at $130.00 for two hours of work to complete one full sweep of race route. SUGGESTED MOTION: I move to approve the proposed agreement with El Tour de Tucson for the 1998 El Tour de Tucson Bicycle Race and to waive all related fees. Or I move to deny the agreement with El Tour de Tucson of the 1998 El Tour de Tucson Bicycle Race. /111141-14 - A.. ks and Recreation Administrator 4 , / / ._! C• unity DI -11.me Direc i or Town Manager ATTACHMENTS: 1 . Letter dated June 10 , 1998 from Richard DeBernardis 2 . Agreement between the Town of Oro Valley and El Tour 3 . El Tour de Tucson Route Map AiphaGraphics® El Tour de Tucson 63o N. Craycroft Rd.,Suite 141 Tucson,Arizona 85711 (520) 745-2033 "bicycling June 10, 1998 in pursuit of hospice care for, Chuck Sweet children Town Manager for Town of Oro Valley Tu Nudito 11000 North La Canada Children's Oro Valley, AZ 85737 Hospice Dear Town Manager Sweet: "official Team in On behalf of Perimeter Bicycling Association of America, Training" Inc. and AlphaGraphics El Tour de Tucson, thank you for Program supporting the 1996 & 1997 75-Mile El Tour de Tucson. Leukemia pp g Society For the 3rd consecutive year, PBAA is requesting for the Town of Oro Valley to become the "host" of the 1998 "75-mile Event & Start .-ine" 1 "official newspaper of As the official hostof - PBAA events the 1998 El Tour 75 mile Event & Startline, PBAA/E1 Tour will commit to the Tail Winds following: supporting (1) Name the 75-mile event & startline Lance after Town of Oro valley Armstrong Foundation For Example: for Testicular Town of Oro Valley Cancer 75-Mile El Tour Event sanctioned by (2) Hold the 75-mile startline in the Town Perimeter of Oro Valley in front of Town Hall at Bicycling 11000 North La Canada (where the event Association of America,Inc. has started for the past two years) (PBAA) or at another convenient location in Oro Valley "75-mile El Tour" (3) Provide the Town with a "certificate su orted byof insurance" naming the Town as an pp "additional insured" Town of Oro Valley (4) Produce a 75-mile start banner which prominently promotes the Town "50-mile as the "official 75-mile Startline" El Tour" supported by (5) Display the Town's logo on the CDS 5,000 event t-shirts Software,Inc. Continued . . . E-mail:pbaa@dakotacom.net•Fax: (520) 745-1992 •Website:wwwpbaa.com Letter to Town of Oro Valley - continued . . . page 2 Benefits - continued . . . (6) Town of Oro Valley's name will appear on El Tour's official stationery (see first page of this letter) (7) Provide all necessary set-up and event equipment, such as: barricades, cones, scaffolding, prot-o-pots, etc . . . As the "Official Host of the 75-Mile El Tour & Start- line", El Tour requests for the Town of Oro Valley to provide the following: (1) Street sweeping, police protection and traffic control at no charge. These services specifically include any permiting fees and all traffic control related fees within Town of Oro Valley on El Tour Day, Saturday, Nov 21, 1998 (2) A contact person within the Town in order for El Tour officials to coordinate all event activities. In the June'98 Issue of "Bicycling Magazine" , El Tour de Tucson was selected as "The Great Ride of The State of Arizona"11 Only one ride from each state was given this distinction (Article enclosed) . It's support such as that received from Town of Oro Valley that helps make our ride "the great one" of our state. We thank you for your support and for helping us earn this "great" distinction. Enclosed is a copy of the letter & agreement we received from Town of Oro Valley for the 1997 "75-mile El Tour% As you can see, we are requesting exactly the same as '97U If you need any other information, please contact me or Andy Guerrero at the PBAA Office: 520 745 2033. Sincerely, 1111111 Richar . DeBernardis Executive Director & Founder AlphaGraphics El Tour de Tucson Attachments: (2) cc: Andy Guerrero AGREEMENT This Agreement entered into this day of , 1998 by and between the Town of Oro Valley,Pima County,Arizona, a body politic of the State of Arizona,hereinafter referred to as "Town" and , hereinafter referred to as "El Tour" for mutual services. El Tour duties: 1. The Town of Oro Valley will be the official name to be incorporated into the 75 mile starting activities. 2. The 75 mile Start Line shall be located in front of the Oro Valley Town Hall at 11,000 North La Canada. 3. "El Tour" shall provide all necessary set—up and event equipment; including,but not limited to: barricades, cones, scaffolding,port—o—pots, camera equipment, starting equipment, etc. 4. Provide the Town with a"certificate of insurance" in the amount of naming the Town as an additional insured(See attached Exhibit A). 5. Agree to abide by the following indemnification clause and compliance with all laws clause. A. INDEMNIFICATION Each party to this Agreement shall indemnify, defend and hold the other parties and their respective officers, employees and agents harmless against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or damages, including consequential damages, liability, interest, attorney's and accountant's fees or costs and expenses of whatsoever kind and nature, which are in any manner directly or indirectly caused, occasioned or contributed to, by reason of any act, omission, fault, negligence, violation or alleged violation of any law, whether active or passive, of the indemnifying party, its agents, employees or anyone acting under its direction, control or on its behalf, in connection with or incident to the performance of the Agreement, This indemnification shall not apply to a cause of action brought by any party to this Agreement, which constitutes a challenge to the validity of the Agreement itself. B. COMPLIANCE WITH ALL LAWS The parties to this Agreement shall comply with all federal, state, and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes thereunder. Any action relating to this Agreement shall be brought in an Arizona court. 6. Produce a 75 mile start banner which prominently promotes the Town as the official 75 mile Start line. 7. Display the Town's logo on the 5,000 event T—Shirts. Town's Duties: 1. Provide street sweeping,police protection and traffic control at no charge. 2. Waive any permit fees and traffic control fees within the Town on Saturday, November 21, 1998. 3. Designate Ken Lawrence, Parks and Recreation Administrator, as the official Town contact to coordinate all event activities. 4. Grant a wavier for any sign code violations for this event. This is the entire Agreement between the parties. ENTERED INTO this day of , 1998 Paul H. Loomis,Mayor For 1) El Tour de Tucson XVI 2) Perimeter Bicycling Association of America 3) Bicycle Ride Directors Association of America ATTEST: Kathryn Cuvelier,Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney ALpHAGRApHics ® EL TOUR DE TUCSON ROUTE MAP . . ... -- . .- START'LINES,-' :.- -,.- • 111-MILE START: 7 00am Downtown Tucson at Granada south of Congress. KIDS FUN RIDE STARTS: 8:00am Downtown Tucson at Granada south of Congress. 9y° 75-MILE START: 9:00am Oro Valley Town Hall on La lb Canada. Go north to 11,000 L La Canada(north of Lambert). s -. { t Avoid using Ina and Orac,e. i I �. °d 50-MILE START: 11:00am Moms K. Udall Center on = . ,,o Tanque Verde Road east of p Sabino Canyon Road. ° '° 25-MILE START: 12:30pm McCulloch Corporation-Kolb& p TANGERINE - `_--- .. . • -- • Valencia. Enter on Southpoint ,� o o r Road.just west of Kolb. N z , T < J T O < 0 AVRA VALLEY \\ ,, THE TOWN OF , \\ p ORO VALLEY ti SABINOCANYON SNYDER RD. 75-MILE START =' BEAR • AMETNYSTIN— CANYON• _PALISADES f CHEYENNE TRAIL— r BAUXITE WAY— 2 40 \ \ TOURMALINE----.- I:0P E MAGES ROCKCLIFF D .r.' ,Q • Sar, CANYON RANCH V �• INA RD. • `'y� PROPERTY i s 0q, !`0� ui ` SUNRISE DRIVE SUNSET --- ,.. < SNYDER RO. .q EL CAMINO DEL • \s\ CERRO -- \ ES �� , . Q ;RIVER CROSSING ,11 Ps' 'o U S (Carry Bikes) o O w ',, TANQUE VERDE , N o r- \\ 1`..:...-_-:::.`.7' .,rte z<w ` \, TANQUE VERDE LE) SPEEDWAY LOOP v COS SOFTWARE • 4,yk. ST.MARY'S 50-MILE START A� • Qr .,, CONGRESS `'T Q J I BROADWAY O O SA w 0 ` 4tiiS w u CUSHING ti'S�` ix • O� , 22nd STR 2� V < 1 \ •, ESCALANTE AJO HWY .,, m z OC Pay ::: 4EtrjIEDP_...... _ A 111-MILE START HOLIDAY \ O RIVER CROSSING �. ALL EVENTFINISH I D (Carry Bikes) • . \ \ p i� KIDS FUN RIDE ITUCSON } 3 \° tir 9. L, 1 CONVENTION = z 100 CENTER . o LOS REALES\\ Parking . \\\ Parking \ Paricmg ° < , V\ z , o \ \ CUSHING STREET \ I HUGHES ACCESS i �"` y.+ ;e ^r v y.letnti za a ��. �.t. ,y r. �. -t��E�'` 3 ---_,-,,,,-..,....07,-4,4,:.,,,-.......� '`. <.Mt✓ ^'Li: .�' '� +l I :* I t r� I( '� ~• 14% , - !.-, .. _tr:f ' —T. , `.v nP* ..1,,,,i i ,..,, -, Latey 15 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: July 1, 1998 TO: HONORABLE MAYOR& COUNCIL • FROM: Melissa Shaw, Planner II SUBJECT: OV12-98-4 Vistoso Golf Casitas, Units 101 thru 126 and 201 thru 226, Common Areas A & B, Rancho Vistoso Neighborhood 11,Parcel AI,Preliminary Plat BACKGROUND: Mirage Homes is developing this condominium project, which is designed as a subdivision plat. It is located in the northwest portion of Rancho Vistoso, in Neighborhood 11, on 5.88 acres of the 18.0-acre, high-density residential Parcel AI. The site is on the west side of Vistoso Highlands Drive, south of the Golf Club at Vistoso temporary clubhouse and bordered by a golf course on the south and southeast sides, open space on the west and Vistoso Highlands on the east. The developer is proposing to construct 13 buildings, each containing four dwelling units, for 52 units total. Mirage has also applied for a conditional use permit to operate the project as a lodging house to provide short-term rentals (not less than three days) of the units. The Planning and Zoning Commission recommended approval of the CUP on June 2, 1998, final approval of which the Council will consider on July 15t. Additionally, the Board of Adjustment has granted a variance to parking standards that require curb stops in front of the buildings. This was requested so that parking may be provided in the front of as well as under each unit. SUMMARY: The plat meets the high density residential zoning standards of the PAD and the requirements of the Oro Valley Zoning Code Revised, briefly summarized here. The project site is relatively level; the PAD designated natural open space contains 100-year flood limits to be preserved undisturbed. Forty-two percent of the site is provided as open space (30 percent is required). Tee boxes and a green for Hole 9 of the Golf Club at Vistoso is near the south boundary of this parcel, and is of a distance that meets the required golf envelope as determined bythe p Golf Course Overlay District. Each of the two story buildings contain 7,725 SF total living space, with units from 1 265 SF to 1 730�SF. The g p > 8.84 unit per acre density meets the high density, 8-17 RAC permitted. One hundred twenty two parking spaces have been provided, with four in each garage and four in front of each building, plus 18 additional spaces. A recreation area and amenity (26,624 SF is required) includes a spa, swimming pool,barbecue and meeting/exercise building; final plans will be presented with the landscape plans. Landscape bufferyards are required and provided around all sides. 1 GENERAL.PLAN COMPLIANCE z. The General Plan land use designation for much of Rancho Vistoso, including this site, is mediumdensity ens ty residential, (2.1-5.0 du/ac). Although the density is higher than the General Plan designates, the existing zoning permits it. The recreation area provided with the plat meets Policy 4.1C, which states that "...condominium developments should have built-in recreational facilities and other amenities to serve residents". TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 DRB RECOMMENDATION: The DRB reviewed this project on June 9, 1998, and recommended approval with conditions. The conditions in Exhibit A include those from the DRB recommendations that have not yet been addressed. RECOMMENDATION: Finding the Vistoso Golf Casitas Preliminary Plat to be substantially in conformance with the Rancho Vistoso • PAD and Oro Valley Zoning Code Revised, we recommend approval, subject to those conditions listed in Exhibits A and B. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve OV 12-98-4, Vistoso Golf Casitas, Units 101-126 and 201-226, Preliminary Plat, Rancho Vistoso Neighborhood 11, Parcel Al, subject to the conditions in Exhibits A & B. OR I move to approve OV 12-98-4, Vistoso Golf Casitas, Units 101-126 and 201-226, Preliminary Plat, Rancho Vistoso Neighborhood 11, Parcel AI, subject to the conditions in Exhibits A & B, and the following added conditions: . OR I move to deny OV 12-98-4, Vistoso Golf Casitas, Units 101-126 and 201-226, Preliminary Plat, Rancho Vistoso Neighborhood 11, Parcel AI, finding that: . ATTACHMENTS: • 1. Exhibit A 2. Exhibit B 3. Copy of Preliminary Plat F:\12-98-04\PPTC.RPT i Aiiej • AliLd P1.11,i g!nd Zoni i A a inistrator i I1 ..) �♦ 1 iI , ..11.11,A ' O P unity De pment I410, 4 /A own Manage EXHIBIT "A" TOWN COUNCIL CONDITIONS OF PRELIMINARY PLAT APPROVAL OV12-98-4 VISTOSO GOLF CASITAS, UNITS 101 THRU 126 AND 201 THRU 226, (RANCHO VISTOSO,NEIGHBORHOOD 11 Parcel AI) 1. The total square foot area (26,624 SF minimum) of the recreation facility shall be added to the preliminary plat. 2. The total square foot area of natural open space shall be added to the preliminary plat. • 3. Approval of the preliminary plat from all reviewing agencies shall be required prior to submittal of the Final Plat. 4. A revised preliminary plat shall be submitted to address all conditions as listed above. • • • • • • EXHIBIT"B" Town Council Meeting: July 1, 1998 Town Engineer Conditions for Approval Final Plat: Rancho Vistoso Neighborhood 10, Parcel N, Phase 1 OV12-97-21 RECOMMENDATIONS Department of Public Works staff has reviewed the Final Plat for the proposed project and has no objections to approval subject to the following conditions: 1. Closure sheet data for Common Area"A" shall match that shown in General Note#3. 2. There are discrepancies between ROW block# closure sheets and the data shown on the plat sheets. The appropriate revisions(to closure sheets or plat sheets)shall be made. 3. The turnaround at the entrance does not accommodate the design vehicle (SU-30). Revisions shall be made accordingly. 4. The radius for C29 is incorrect. The curve data table shall be revised. 5. Flood plain limits shall be shown for the southwest corner of the subdivision on sheet 2. 6. The 1' No Access Easements(NAE's) shall be shown on sheet 3 of the plat. 7. Names shall be provided for each private street. 8. The project hydrologist shall provide staff with a statement that clarifies what will be built with this phase of the project and note any effects that phasing will have on drainage for the remaining portion of the site. 9. Provide bearing and distance information (or L#) for the westerly right-of-way edge of Street E2 north of the corner of lot 40. 10. Survey ties shall be provided to flood plain limits in the vicinity of lot 177 & lot 158. (----- ;;;;„,....._- , C......3 4,.._4,....._ own Sneer Word document\TCRPT\TC129721 FP P V J-sj 4 N N N N N ; J O 1) t 4 ; O , p ,, 01 U t 4 N -� N }S � � .v � u r 4 N � P N J G7 OT o _ r4i �� pi > mo� m C W O A n XX 0 > h C �f >A 4N'> ! 1 > > U m pm p v Z1 1�4'C i> �oN C M < >? Z. 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I sg Dg�00x, s . $m Am 8, -0��'oN m Z Y $ �9P) o=D= _ 1 g o(off p� 1 +-(-/ o j mp {�C0OO,0~ _`� �'. Z A NOP OHO .+ A O L i• v 5,e,Fi:::E590 ,', 1‘1 A . P',R.,,, -6i5F, ji";_. a A , 1 § 1 -; tr9 , , ?q,' A N to Z II 4 Z 7: r N5 ND f" 2 II , a u u o ul�, 8, g Fig -7 u 9 m; 2 N mvU - N m I: c 73 N N:\196031\PARCELA,\A,PP2.D.4/27/98 S.O. 6 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: July 1, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Valerie Feuer, Senior Planner SUBJECT: OV 12-97-21 Rancho Vistoso Neighborhood 10, Parcel N, Phase I (Vistoso Village) Final Plat, Units 1-40, 101-157, 174-177, and Common Areas "A" and"B" BACKGROUND: Neighborhood 10, Parcel N is located in the Rancho Vistoso PAD west of Rancho Vistoso Blvd. and south of Vistoso Highlands Drive. The project consists of about 43 acres that will be developed as a medium high density residential senior citizen retirement community with 273 dwelling units. A PAD amendment was approved by the Town Council on November 5, 1997 for reduced setbacks on this parcel only. This approved change allows the project to meet the design parameters for the type of product proposed. The final plat for Phase I, consisting of 19.27 acres and 101 lots, has been submitted for Town Council approval. SUMMARY: • The site is a triangular shaped property bounded by Rancho Vistoso Boulevard on the east, Woodshade Road on the southeast, and Hidden Springs Drive on the west. Phase I constitutes the eastern portion of the site. The units are designed as duplexes and triplexes, where the outside wall, including the patio, defines the lot lines for each unit. Everything outside of this space is common area, with no individual walled yards. The project is subject to the Riparian Habitat Overlay Zone. Most of the riparian habitat will be preserved within the Phase I area. GENERAL PLAN COMPLIANCE: This final plat addresses Policy 9.1E, minimizing changes to existing topography and the disturbance of existing vegetation, and 9.1H, preserving, restoring, and enhancing the ecological and scenic qualities of the natural landscape. RECOMMENDATIONS: Planning Staff recommends approval of OV 12-97-21, Rancho Vistoso Neighborhood 10, Parcel N, Phase I, Final Plat, provided that the suggested conditions in Exhibits "A" and "B" are met. SUGGESTED MOTION: I move to approve OV 12-97-21, Rancho Vistoso Neighborhood 10, Parcel N, Phase I, Final Plat, with the suggested conditions in Exhibits "A" and "B" attached herewith. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 OR I move to approve OV 12-97-21, Rancho Vistoso Neighborhood 10, Parcel N, Phase I, Final Plat, with the suggested conditions in Exhibits "A" and "B" attached herewith and with the following added conditions: OR I move to deny OV 12-97-21, Rancho Vistoso Neighborhood 10, Parcel N, Phase I, Final Plat, finding that: ATTACHMENTS: 1. Exhibit"A" 2. Engineer's Report, including Exhibit"B" 3. Final PlattoutTLC__, Planning and Zoning Administrator Community De flipment t'irecto 2 lorA,ctei 1 Town Manager F:\ov\ov12\1997\12-97-21\FPTC.RPT EXHIBIT "A" OV12-97-21 RANCHO VISTOSO NEIGHBORHOOD 10, PARCEL N, PHASE I, FINAL PLAT 1. The square footage of Common Area"A" at the corner of Rancho Vistoso boulevard and proposed Woodshade Road must be shown on the final plat. 2. The limits of the riparian area must be shown on the final plat. 3. A letter of approval from Pima County Wastewater Management must be received prior to recordation. EXHIBIT"B" Town Council Meeting: July 1, 1998 Town Engineer Conditions for Approval Final Plat: Rancho Vistoso Neighborhood 10, Parcel N, Phase 1 OV12-97-21 RECOMMENDATIONS Department of Public Works staff has reviewed the Final Plat for the proposed project and has no objections to approval subject to the following conditions: 1. Closure sheet data for Common Area"A"shall match that shown in General Note#3. 2. There are discrepancies between ROW block# closure sheets and the data shown on the plat sheets. The appropriate revisions(to closure sheets or plat sheets)shall be made. 3. The turnaround at the entrance does not accommodate the design vehicle (SU-30). Revisions shall be made accordingly. 4. The radius for C29 is incorrect. The curve data table shall be revised. 5. Flood plain limits shall be shown for the southwest corner of the subdivision on sheet 2. 6. The 1' No Access Easements (NAE's) shall be shown on sheet 3 of the plat. 7. Names shall be provided for each private street. 8. The project hydrologist shall provide staff with a statement that clarifies what will be built with this phase of the project and note any effects that phasing will have on drainage for the remaining portion of the site. 9. Provide bearing and distance information (or L#) for the westerly right-of-way edge of Street E2 north of the corner of lot 40. 10. Survey ties shall be provided to flood plain limits in the vicinity of lot 177&lot 158. (--(....... c.... .4.7z. own ngineer Word document\TCRPT\TC129721 FP i V. d P v Q 4 N p 'O O v a U ♦ 11 N ,-J• O !O F. v O U ♦ U N Y J ~ ,•' ) m A d P1 -�i7 7 Z C7 C >C 1 -1 tco v c N44 vMC> ^+ S 9 �� � � $� r� zC� �R'a � pTA SAp.2fR > 4 oo AA o Z > Oo >z ri AFI z 46 z _> 40 Q° r , N F< Pp> �ZVO1 III: N A. -.r"' p�p�O- O '^ .Z>7 (0� c0 '20 L3Aii :� *» �IMr•.ri :A M�4 A . 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