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HomeMy WebLinkAboutPackets - Council Packets (1620) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION AUGUST 19, 1998 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 6:00 P.M. Pursuant to ARS 38-431.03 (A)(3) for consultation with the attorney for the Town for legal advice regarding Initiative OVI-98-001. RESUME REGULAR SESSION AT OR AFTER 7:00 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: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE —According to the Arizona Open Meeting Law, the Town Council may only discuss matters listed on the Town Council Agenda. Matters brought up by the public under "Call to Audience" cannot be discussed by the Town Council as they have not been placed on the agenda. Any items must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes —July 20, August 3, 5, 1998 B. Building Codes Activity Report — June 1998 C. Finance Report— June 1998 08/19/98 Agenda, Council Regular Session 2 D. Resolution No. R98-54 - Authorizing and approving a contract for On-Call Professional Services between WestLand Resources, Inc. and the Town of Oro Valley E. Resolution No. R98-55 - Authorizing and approving a Line Extension Agreement between the Town of Oro Valley and Cromwell Group 2, LLC for Water Service by the Town of Oro Valley to Estates at Honey Bee Ridge Phase 2, Lots 61-81, 89-92 and 104-116 F. Resolution No. R98- 56 Accepting an Agreement for Auction Services from Manheim's Greater Auto Auction of Tucson G. Appointment of Council Member Dick Johnson as Council Liaison to the Design Guidelines Technical Advisory Committee H. Award of Contract— No. W06-0698 to P & H Contracting to construct a new 300,000 gallon Potable Water Reservoir at Water Plant #10 I. Award of Contract— No. W07-0798 to Southern Arizona Paving & Construction to construct 12" Potable Water Main Extensions J. Approval of Town Council Policy No. 7 — Food for Public Meetings 2. ORDINANCE (0)98-34 REQUEST BY FRATERNAL ORDER OF POLICE (FOP) LODGE #53 FOR INCREASED REPRESENTATION THROUGH FORMALIZED PROCEDURES UNDER INITIATIVE NUMBER OVI-98- 001 3. RESOLUTION NO. R98-57 APPROVAL OF DEVELOPMENT AGREEMENT WITH CANADA HILLS HOMEOWNERS' ASSOCIATION FOR POLICE DEPARTMENT TRAFFIC ENFORCEMENT ON PRIVATE STREETS 4. PUBLIC HEARING — ORDINANCE NO. (0)98-35 AMENDING THE TOWN CODE OF ORO VALLEY, ARIZONA, APPENDIX II, PROHIBITED ACTIVITIES BY ADDING A NEW SECTION (F), ADOPTING REGULATIONS RELATING TO FEEDING WILD ANIMALS WITHIN THE TOWN LIMITS AND ESTABLISHING EXCEPTIONS AND PENALTIES 5. PUBLIC HEARING — ORDINANCE NO. (0)98-36 PROPOSED AMENDMENT TO THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT, NEIGHBORHOOD 10, PARCEL H, CHANGING THE DENSITY FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO MEDIUM HIGH DENSITY RESIDENTIAL (MHDR); PER RESORT DESIGNATION 6. RESOLUTION NO. R98-58 DECLARING DOCUMENT KNOWN AS "ORO VALLEY GRADING ORDINANCE" AS A PUBLIC RECORD 08/19/98 Agenda, Council Regular Session 3 7. OV12-98-11 UNIVERSITY MEDICAL CENTER HEALTH CARE AT LA RESERVE DEVELOPMENT PLAN FOR A MEDICAL OFFICE FACILITY (PROPERTY LOCATED AT LA RESERVE DRIVE AND ORACLE ROAD) 8. OV12-98-11 UNIVERSITY MEDICAL CENTER HEALTH CARE AT LA RESERVE LANDSCAPE PLAN FOR A MEDICAL OFFICE FACILITY (PROPERTY LOCATED AT LA RESERVE DRIVE AND ORACLE ROAD) 9. OV12-98-10 RANCHO VISTOSO NEIGHBORHOOD 11, PARCEL AF, LOTS 1-68, COMMON AREAS A & B, PRELIMINARY PLAT (PROPERTY LOCATED ON THE WEST SIDE OF VISTOSO HIGHLANDS DRIVE AND BORDERED BY THE GOLF CLUB AT VISTOSO, HOLES 1, 2, AND 3 ON THE OTHER THREE SIDES) 10. OV12-98-13 ORO VALLEY RETAIL CENTER PRELIMINARY BLOCK PLAT, NEW COMMERCIAL CENTER, FEATURING TARGET AS THE ANCHOR STORE (PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF ORACLE ROAD AND FIRST AVENUE, IN THE ROONEY RANCH PLANNED AREA DEVELOPMENT) (PAD) 11. ANNUAL CITIES AND TOWNS LEAGUE CONFERENCE - LAKE HAVASU CITY, OCTOBER 20-23; AND POSSIBLE POSTPONEMENT OR CANCELLATION OF OCTOBER 21ST, 1998 REGULAR COUNCIL MEETING 12. ORO VALLEY RESOLUTIONS FOR THE RESOLUTIONS COMMITTEE MEETING ON SEPT. 18TH, 1998 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. ADJOURNMENT 08/19/98 Agenda, Council Regular Session 4 POSTED: 08/12/98 4:30 P.M. RG A packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:30 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, at 297-2591. INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. MINUTES OF THE v-Nrt irt\P ORO VALLEY TOWN COUNCIL STUDY SESSION JULY 20, 1998 CALL TO ORDER: 7:05 p.m. PRESENT: Paul Loomis, Mayor Paul Parisi, Vice Mayor Cheryl Skalsky, Council Member Dick Johnson, Council Member EXCUSED: Francis LaSala, Council Member ORO VALLEY ARTS ADVISORY BOARD REQUEST REGARDING EVOLUTION OF ORO VALLEY ARTS ACTIVITIES AND SERVICES TO THE CITIZENS OF THE TOWN Dick Eggerding, Chairman of the Arts Advisory Board made an opening statement. "Some of you received a document this afternoon relative to certain questions about the Arts and myself. I would like to leave it where it is and suffice it to say that I met with the individual involved and that Mayor Loomis was kind enough to act as a Facilitator. Mr. Weede and I met and had a very open and candid meeting about where the arts have been, where the arts are, and where we think the arts should go. When the meeting was concluded, the person was satisfied to the extent that he made a commitment to Mr. Eggerding to atleast clarify that he understood everything going on, and indeed called some media and town staff. With that, I'm going to leave it at that, because my grandfather was a Judge and he taught me a lesson a long time ago, he was also a farmer. There are 2 kinds of manure, the kind that the more you stir, it stinks, and the other kind, you grow from it, I want to grow from this manure if you don't mind, so let's just leave it alone." Council Member Skalsky stated to Mr. Eggerding that she is happy they met and that there was a facilitation. She stated she has received this type of slander and garbage before from this same person. "Anybody that tells Mr. Monrad that asking questions gets you out of a liable suit, and forming allegations and slander in a form of questions, is a very false thing. People are starting to run on. You can't ask a question, either in political, campaigns or in a letter that is public, and this is a public document now. It is open to liable. The things that are stated in here not only slander Mr. Eggerding who has spent many, many hours in this town as well as your arts commission. You have all the highest ethics. I am sick 07/20/98 Minutes, Council Study Session 2 and tired of people throwing out allegations and the whole process of that "people are guilty until proven innocent." You have nothing to prove." She stated to Mr. Eggerding that she was very upset that he met and tried to prove himself because "you had nothing to prove. This letter says you are guilty. So you have to go prove yourself. That's not the way America is supposed to work. But that is the way Oro Valley has been working. People have been slandered and these letters continue and continue and continue from Mr. Monrad, who puts no volunteer time in." She stated "there are a lot of things I could say about him, which I'm not. This manure has piled so high, with this guy and his group. I'm done with my statement now, but I am not done with this." Mr. Eggerding stated to Mrs. Skalsky that "she would be doing him a personal favor if we just don't carry it any further from this point. But that is your decision." Council Member Skalsky stated to Mr. Eggerding that "she could not give that to you, because I'm not done with it." Vice Mayor Parisi stated to Mr. Eggerding that "he respects his opinion. However, his name was mentioned. I am not going to let it go for me, I contacted my attorney today and my attorney thinks I'm going to get a sizeable settlement out of that individual for using my name in such a derogatory manner. That ostracized somebody because they knew too much? That is an absolute false statement." Council Member Skalsky stated putting it in a formal question does not make it.... Vice Mayor Parisi stated "he used my name and I'm going to sue him, so that's the way it's going on that." Council Member Skalsky stated that she has other things ready. Mr. Eggerding stated he didn't want to be "melodramatic" about it, but he felt he had to make a statement and he asked if Mayor Loomis appreciated his comments. Mayor Loomis replied that he did. Council Member Skalsky stated people have no right to slander the other good and working citizens of this town. Dick Eggerding, Chairman of the Arts Advisory Board explained where the Arts have been. where they are now and where they should ao in the future. He expressed his appreciation to the Council for their continued support over the years of the Arts. 07/20/98 Minutes, Council Study Session 3 Mr. Eggerding referred to the Cultural Assessment for Oro Valley as the impetus in getting the Arts Advisory Board going when he joined in 1994. The Assessment showed that the citizens wanted festivals and community events to bring the community together. Also, citizens want 1% for public art for government and commercial projects and, a 501C(3) tax free organization so funds can be raised for town events. Mr. Eggerding referred to the General Plan and Focus 2020 published in 1996 and the suggestions made by the cultural assessment group as a vehicle for the Arts Board to run on. He reviewed those suggestions which have been completed, or almost completed, by the Arts Advisory Board: 1. Adopt and implement 1% for public & commercial art ordinance 2. Form, support and assist visual & performing arts guilds 3. Complete the joint use project with Amphitheater School District 4. Development a Community Center Complex 5. Form an Arts Council Mr. Eggerding explained the projects that have transpired over the past 4 years that have been based on public support, the cultural assessment and the general plan. He pointed out that in 1997 their work was nominated for the Governor's Award. He stated they came in second to the San Xavier Restoration Project. He stressed the amount of involvement the Arts Advisory Board has participated in with Youth and Education. He stated that the Arts Board has participated in $200,000 in grants for the arts summer youth projects through PAG. He also pointed out all the publicity the Arts Board has received statewide. Mr. Eggerding stated that the Arts Board feels the next logical step is to turn the arts activities, not policy, over to the 501 C(3). He stated that the budget is "event oriented" He referred to the letters of resignation from all members of the Arts Board. He explained that this was done to expedite the idea of devoting their efforts to the Arts Council. The Arts Council is the logical way to approach this concept of producing the arts in the community. He stated there is a precedence for this all over the United States. He gave examples of other cities around Arizona that have Arts Councils. He stressed the importance of the arts being independent. He explained that the next step for the Commission is a normal evolution in arts support in a growing community. He stated that youth projects, citizens and education can be cultivated through the Arts. Warren Lazar, Member of the Arts Advisory Board stated that the arts and the cultural environment helped him get through college. He reviewed a proposed expansion of duties of the Greater Oro Valley Arts Council (GOVAC) including: • Funding Benefits • Volunteer Benefits • Support Benefits 07/20/98 Minutes, Council Study Session 4 • Strengthen Regional Ties • Educational Programs Bob Weede showed the proposed organization and structure for GOVAC. He stated this will unite the community of artists, performers, presenters, volunteers, educators and the adult and student public. He stressed the need for an Executive Board, a professional Executive Director, Board of Directors, functional committees and consultants. He stated that one member of the functional committee would be a student from visual and performing arts from CDO to bring recommendations from students as to what they would like to see in the community. This will help get the youth involved in arts. He stated the need for the Arts to be independent but responsive to the Town Council. He stressed the importance of the need for a very strong structure. Mr. Eggerding asked for the Council to consider their proposal so that action may be taken when appropriate. He stated that the resignation letters were submitted now since so many terms will be expiring in August and they wanted to show unity as well. He stated there are 5500 students at Amphitheater School District who are involved in non-athletic events as opposed to 2000+ who are. He stated we need to provide services to these students. He asked where is the field of dreams for these students? He referred to a survey done by Don Chatfield who is working towards his Doctorate. 900 responses were received, of those 900 responses, 22.3% wanted more cultural and art services. He stated the need is there, the facilities are necessary and we have the people. This is an idea whose time has come. In response to a question by Council Member Johnson regarding the 1% for public art, Mr. Eggerding stated it is the intent to leave the Public Art Review Committee intact. He stated they are working actively with the builders and developers on the 1% commercial projects. Council Member Skalsky complimented the Arts Advisory Board for their outstanding job and extended her support for their idea. Vice Mayor Parisi stated he has been honored to serve as a liaison to the Arts Advisory Board. He stated the best thing for government to do is to get out of the way. He stated the Arts Board has been acting as a Arts Council. He extended his support for the transition from an Arts Advisory Board to a Greater Oro Valley Arts Council Jonathon Holden stated he has a northwest based marketing and public relations firm. He reviewed the many advantaaes to formina a 501 C (3) non-orofit organization, which allows them to raise funds through corporations, outside of existing grants and allows the ability for in-kind contributions. It also provides for flexibility in working with other non-profit organizations throughout the State. 07/20/98 Minutes, Council Study Session 5 Mr. Eggerding stated there is a grant request before the Heritage Funds that if approved will pay for the town's outside amphitheater. He asked for the Council's support and support from the citizens. He also stated if this grant is awarded it will open the door to other grants for the Town. Council Member Skalsky asked that a letter be sent to the Heritage Funds from the Town Council showing support for this grant. Mayor Loomis stated he also supports the transition to a Greater Oro Valley Arts Council. He asked that the Town Attorney Tobin Sidles, Community Development Director Don Chatfield, and Bob Weede take the lead in working out the details. Mayor Loomis called a 5 minute recess at 8:20 p.m. Mayor Loomis resumed the study session at 8:35 p.m. DRAFT ORDINANCE RELATING TO "FEEDING OF WILD ANIMALS" Tobin Sidles, Town Attorney referred to the accident with the coyote attack on a small child in Oro Valley and the request for some type of ordinance. He also referred to the bear attacks on Mount Lemmon due to people feeding the bears. Council Member Skalsky stated her objections to the draft ordinance. ORO VALLEY GRADING ORDINANCE PROPOSED AMENDMENTS Jim Hossley, Engineer reviewed the grading revisions to clean up discrepancies in the ordinance. This grading ordinance was reviewed by a Technical Advisory Committee approved by the Town Council consisting of Paul Parisi, Matt Moutafis and a member from SAHBA and from the Engineering Community. He reviewed the process the Committee followed to revise the document. Mr. Hossley stated some of the revisions include: • A restriction to mass grading of new residential subdivisions having an average lot size of 10,000 square feet or less. • Creation of a new grading permit category — Type 3 for installation of utilities and for stock piling of materials. • Cut and fill limitations and added requirements for retaining structures for fill heights of 8 feet and gave direction of how the retaining walls should be treated for aesthetic purposes. • Phase grading for mass graded sites. Subdivisions with 75 lots or more and with an average lot size of less than 10,000 square feet. Non-residential type projects that are 10 acres and larger requiring development plans, must submit a phased grading plan with the preliminary plat. 07/20/98 Minutes, Council Study Session 6 • Grading waiver has now been termed an "exception." An exception request will be granted by the Development Review Board. Criteria used for consideration are more clearly stated and are similar to the criteria used by the Board of Adjustment during their variance hearings. • Added language regarding enforcement and penalties with a possibility of restorative and punitive fines being levied against those who violate the grading ordinance. • Slight changes to the definitions in the Zoning Code in anticipation of this document becoming a part of the Zoning Code and removing it from the Town Code so all development related type ordinances are in one document to make more "user friendly." • Two small changes to Articles 1-9 and 1-10 of the Zoning Code which would allow the grading ordinance to the Zoning Code. Mr. Hossley stated this document eliminates many of the weaknesses that were in the existing Code. Staff recommends moving forward with its adoption. Don Chatfield, Community Development Director spoke on behalf of Bill Adler, concerned citizen, 10720 N. Eagle Eye. Mr. Chatfield stated Mr. Adler has suggested whether or not the word "property rights" is well enough defined for the DRB to make a decision. Mr. Adler has suggested wording to the effect "authorizing of the waiver is necessary to allow the improvement of the property". This gives the DRB some criteria to look at in determining if the request is really necessary for the improvement of the property. Bill Adler, concerned citizen, 10720 N. Eagle Eye stated that there is no definition for "property rights." He suggested removing "property rights" to remove as much subjectivity as possible. In his opinion, the term "property rights" is meaningless. He asked that Council have his letters to review when this comes before Council for deliberation. He stated that the comment that "staff recommends approval" should not be included as a criteria. The DRB should be well enough informed to come to their own conclusions. Vice Mayor Parisi expressed his appreciation to Mr. Adler for his comments. He stated the staff worked so well with the development community. They wanted clear guidelines. In his opinion, we should not be burdening the DRB with this because they do not have the expertise, our engineers do. We should allow the property owner to do what they want as long as it won't hurt their neighbors or damage the community. He stated that is the intent of having "property rights" in the ordinance. He stated when the Council makes their decision, they are going to base it on the "experts" not just the opinions of our fellow neighbors, who we wanttn nivp nnininn nn arr.hitPrtiiral ctanriarric and rdPcinnc Mr. Adler asked the Council to look at the wording carefully. 07/20/98 Minutes, Council Study Session 7 Mayor Loomis pointed out that the process for a grading exception is that if it meets the requirements, and DRB approves it, then town staff signs off on it, it does not go to the Town Council unless it is appealed. Mr. Chatfield stated the DRB was comfortable with the wording "property owner rights." Council Member Johnson stated sound judgment is what we should look for. He would like to see wording to the effect "that the DRB will consider the following criteria and judge the merit of the situation." He referred to having a punitive fine for those that grade and leave vacant land over a period of time. Vice Mayor Parisi stated this grading ordinance gives the town the "teeth" to enforce for those situations, such as the one located directly south of the Town Hall. Mayor Loomis commended engineering staff for working on this ordinance. He agreed that the exceptions need to be looked at closely. The 6 criteria are tied closely together and it looks like it would be hard to not meet all 6 criteria before an exception is granted, because they are tied so closely together. Mayor Loomis stated that as part of the town staffs report, they need to tell the DRB whether the exception is or is not technically feasible, but without making it a requirement for an exception. Council Member Skalsky stated she wants DRB to be able to see the overall picture and combine it with the technical expertise. We have to listen to every piece and balance them together to make the best decision. David Hook, Town Engineer stated comments made this evening will be looked at and brought forward for Council adoption on August 19, 1998. Hector Conde, concerned citizen stated he likes the proposed ordinance and he asked that the following areas be added to the ordinance: View shed analysis Soil constraints Native Vegetation Building slope more than 25% be on lots more than 1 acre in size. Distinguish between open space and natural open space. Open space deeded to the Town on areas larger than 1 acre. Bond posting spelled out in ordinance. Mayor Loomis stated some of the areas Mr. Conde is asking for is covered in other areas and that his comments should be given to Mr. Hossley. He stated this grading ordinance will be defining a major part of the town's work in new development. This document will be a very controlling document and therefore 07/20/98 Minutes, Council Study Session 8 we have spent a lot of time developing this. He stressed that answers to questions should be included in either this document or other documents of the Town. TOWN COUNCIL POLICY NO. 7 — FOOD FOR PUBLIC MEETINGS Members of the Council reviewed the proposed policy. General concensus was that these are guidelines for food policy at town meetings that qualify for posting in accordance with the open meeting law. Amounts to be spent should be the same as the State of Arizona's amounts. Wording should state "in accordance with State" so that when changes are made by the state, we don't have to change the policy. Study session recessed at 9:35 p.m. Respectfully submitted, )44vi Kathryn E. Cuvelier, CMC Town Clerk • Town c )Valley 11,000 N.La Canada Drive • Oro Valley.Arizona 85737 • Fax No.520-297-0428 • Phone:520-297-2591 GISTRIBITIED To; It O. TOM MAiWkaFt :k14: FILL firsimiletansmittal r!:CCU= ®CIBPT HEADS :a OD t)uU_sit_ ci,;&k,40. catrinti k2,14 To: Paul Parisi, Vice Mayor Fax: 623-6010 Cheryl Skalsky, Council 797_ (1102- Member Frank LaSala, Council `� � '74,vq Member 77c5 ? From: Chuck Sweet Date: 7/20/98 Re: Monrad Letter Pages: 3 0-Urgent 0 For 0 Please 0 Please 0 Please Review Comment Reply Recycle Notes: Vice Mayor and Council Members The attached letter was hand delivered to the Town Hall this morning by Jim Kriegh. Mr. Kriegh indicated that neither he nor Twink Monrad have anything to do with this letter and do not agree with it's contents. Mr. Kriegh wanted the town to have a copy. I thought it was important that you have a copy of it,since the Arts Board and GOVAC are on the study session agenda this evening@ 7PM Chuck Sweet,Town Manager • • • • . • • • • • • • • • • • • • • • • • • • • • • • riVeam. 6 GO ri--40‘01‘.... 4:63T Mr& j 19 July 1998 Subject: Town of Oro Valley Arts Advisory Board and Greater Oro Valley Arts Council To Whom it May Concern: Agenda Item 1 of the Oro Valley Council Study Session scheduled for 20 July 1998 involves the Oro Valley Arts Advisory Board (OVAAB). Prior to making ANY decision, Mayor and Council is requested to address many(if not ail)of the following questions and comments: Was Chairman Richard(Dick)H.Eggerding duly elected by the members of the OVAAB as required by the Town Code? Did Dick Eggerding ever mention that he desired to"sell"appointments to the OVAAB for$15,000 to $25,000 per seat? Did Dick Eggerding ever mention that he aspired to be Mayor of the Town of Oro Valley? What is the true accounting of Town funds spent for the Arts Festival(s),Jazz Festival(s),Town Hall mural. and Town summer arts projects?Who disbursed the funds?Who accounted for the expenses and the revenues? Why is the Town planning to spend$570,000 in taxpayers' funds for the proposed new outdoor stage facility at CDO Riverfront Park? Is this facility required in the Town?At this location?At this cost? [This type of facility would never be allowed to be built by the private sector.One was planned(by a private developer)at the southeast corner of La Canada and Lambert Lane in the early'80's and was soundly rejected by the citizens and the Town Council.] The contract approved by Mayor and Council agreed to pay the Greater Oro Valley Arts Council (GOVAC)$5,000 per year to assist in the advancement of arts within the Town;however,the boilerplate of the contract indicated that the Town would pay GOVAC "NO LESS THAN" $5,000 per year. What is reason for this disparity in the terms of the contract and what Mayor and Council approved? GOVAC is a (501)(c)(3)corporation whose President is Richard(Dick)H.Eggerding. Is there a conflict of interest in Dick being Chairman of OVAAB and President of GOVAC? On or about August 14, 1997,a Letter of Agreement was executed between ITC Corporation,Robert Long, President and Richard H.Eggerding,GOVAC President. At this very time,ITC Corporation had business pending before Town Mayor and Council. The agreement involved 4$1,000 cash scholarships t5o deserving CDO High school students.Was this agreement in any way a form of extortion to affect the outcome of the Town Council's deliberations? Without due process.did Vice-Mayor Paul Parisi ostracize OVAAB member Ann Sliegh from further participation? If yes,what was the reason for this unilateral action? Did she know too much about the dealings of OVAAB and GOVAC? Due to improper record keeping,did an accountant decline to prepare the financial reports for GOVAC? w naL is CI1C WWI lwiuui,)aiu uy w.G kJ v.LI Ltd ..�.. ..,..�..,.. What is the total rebated to the Town by GOVAC to date? What is the Town's total in-kind cost to date for OVAAB/GOVAC activities? Page 2 19 July 1998 OVAAB/GOVAC In violation of the Town Code,has OVAAB been involved in any financial dealings on behalf of the Town? Was it a conflict of interest to pay a certain entertainer at the Oro Valley Arts Festival:whereas,the entertainer was a member of OVAAB? Who made the payment? Town of Oro Valley? OVAAB? GOVAC? What was the procurement process for the Arts Festivals and Jazz Festivals as relates to supplies,tents, equipment rental,electrical work,printing,sound systems and entertainers? Was the procurement handled by the Town,OVAAB or GOVAC? Were all of the contributions and advertising receipts paid to the Town,OVAAB or GOVAC?Is there a proper accounting of all receipts and expenses? Who prepared the records?Are the records properly dated and signed-off by the responsible person or persons? Is GOVAC operating within the non-profit requirements of the IRS? When and why did GOVAC prepare Form 8718 User Fee for Exempt Organization Determination Letter Request related to an exempt organization having gross receipts in excess of$10,000? Does GOVAC have any assets which were not disclosed in its Financial Statements for the period ending December 31, 1997 and dated April 10, 1998? Have the minutes of GOVAC been fraudulently prepared? Have the Town,OVAAB and/or GOVAC improperly or illegally comingled funds to the point that a true accounting of revenues and expense cannot be discerned? The section of the Town Budget covering the OVAAB is not clear as to the revenues to be expected for various activities. Expenses are indicated;however,additional notation was required in order to learn that $15,000 was budgeted for GOVAC. How does the budget square with the approved Contract for$5,000? The total budget of$89,400 for OVAAB appears excessive and does not include the new outdoor stage referenced above. As you can see by the above questions,prior to taking any new direction regarding OVAAB and GOVAC many answers should be obtained by the Mayor,Council and staff of theTown of Oro Valley. Sincerely, 4"/A- ' PrimA•avi Lawrence E.Monrad, Citizen of the Town of Oro Valley 45 W.Calle Concordia Oro Valley,AZ 85737 t 11V11b r/ / Y✓""r MINUTES a* AFT ORO VALLEY TOWN COUNCIL SPECIAL SESSION AUGUST 3, 1998 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER: 7:09 p.m. PRESENT: Paul Loomis, Mayor Paul Parisi, Vice Mayor Cheryl Skalsky, Council Member (arrived 7:12 p.m.) Dick Johnson, Council Member Francis LaSala, Council Member EXECUTIVE SESSION A MOTION was made by Council Member Johnson and SECONDED by Vice Mayor Parisi to go into an Executive Session at 7:10 p.m. pursuant to ARS 38- 431.03(A)(3) and ARS 38-431.03(A)(7) for legal advice regarding possible negotiation with the City of Tucson regarding the Northwest Water Agreement, Acquisition of Water related property, Tucson Water facilities in Oro Valley, Alternatives Water Resources and other related considerations. MOTION carried 4 — 0. A MOTION was made to go out of Executive Session at 9:20 p.m. by Council Member Skalsky. MOTION SECONDED by Council Member LaSala. MOTION carried unanimously 5 — 0. ADJOURNMENT A MOTION was made by Council Member LaSala to adjourn the special meeting at 9:22 p.m. MOTION SECONDED by Council Member Johnson. MOTION carried unanimously 5 — 0. Respectfully submitted, Kathryn E. Cuvelier, CMC Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the Town Council of Oro Valley, Arizona held on the 3rd day of August 1998. I further certify that the meeting was duly called . .- � r`1,1 .- .- rJ +k-4 r1 r �rryr�r• rr�nnr+ Dated this II day of i21998. atrft.., Kathryn E. Cuvelier, CMC Town Clerk MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION 'ORA AUGUST 5, 1998 "IP)* ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER — 6:03 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Paul Parisi, Vice Mayor Dick Johnson, Council Member Cheryl Skalsky, Council Member (Arrived late) Fran LaSala, Council Member EXECUTIVE SESSION AT OR AFTER 6:00 PM A MOTION was made by Council Member Johnson to go into Executive Session at 6:04 pursuant to ARS 38-431.03(A)(3) for consultation with the attorney for the Town to obtain legal advice and ARS 38-431.03(A)(4) relating to: 1. Pending litigation regarding Shadows of the Ridge Bond 2. Oro Valley Annexation Maps 1,3,4 and La Cholla/Tangerine Map re: City of Tucson V. Grant Woods, Arizona Supreme Court No. CV-98-0010-PR; Tortolita v. Oro Valley, Superior Court Case number 323531 and related litigation 3. Target request regarding Rooney Ranch Planned Area Development (Comprehensive Sign Package) The motion was SECONDED by Council Member LaSala. Motion carried, 4 — 0. A MOTION was made by Council Member Johnson to go out of Executive Session at 6:50 p.m. The motion was SECONDED by Council Member LaSala .Motion carried, 5 - 0. RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER - 7:08 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Paul Parisi, Vice Mayor Dick Johnson, Council Member Cheryl Skalsky, Council Member Fran LaSala, Council Membr 08/05/98 Minutes, Town Council Regular Session 2 PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the meetings for the upcoming week. He also announced that the La Canada Drive reconstruction should be finished by the end of August. He also stated that the intersection of La Canada Drive and g Naranja Drive would be closed Saturday, August 8th, from 5:30 a.m. until paving is completed. CALL TO AUDIENCE Alan Lathram, 1750 W. Tangerine Road, stated that he felt the Town of Oro Valley's actions towards annexation of the four maps was premature as the Town of Tortolita still exists. He stated that it would be at least a year before all the court decisions would be final regarding the 1961 law. He stated that the Town of Oro Valley should just say "no" to all the annexations that were before them until such time the Town of Tortolita should be dissolved. Hector Conde, 14040 N. Lobelia, stated that regarding the selection of citizens to the Advisory Boards, the citizens should not be selected if they represent any conflict of interest. 1. CONSENT AGENDA At Council Member Skalsky's request, Mayor Loomis pulled the July 20, 1998 minutes from the Consent Agenda. Council Member Skalsky MOVED to approve the Consent Agenda with the exception of the July 20, 1998 minutes. Council Member Johnson SECONDED the motion. Motion carried, 5 — 0. A. Minutes — July 8,15, 1998 (JULY 20, 1998 MINUTES PULLED FOR DISCUSSION) B. Police Report— 1998 C. Award of Bid to Holmes Tuttle Ford in the amount of $25,918 for Vehicular Fleet Maintenance D.OV12-92-09 Approval of Naranja Ranch I, Dominion Homes(OV12-92- 09) Substitute Assurance Agreement MINUTES OF JULY 20, 1998 - Council Member Skalsky MOVED that she would like to have the letter from Mr. Larry Monrad to the Town included in the July 20th Study Session minutes. She stated that although Mr. Monrad withdrew his 08/05/98 Minutes, Town Council Regular Session 3 allegations, the letter was sent as a public document and she asked that the conversation be reflected in total in the minutes. Vice Mayor Parisi SECONDED the motion. DISCUSSION: Vice Mayor Parisi stated that Mr. Monrad did not take back the derogatory comments made about him personally. He stated that he also would like to see the comments made regarding the letter included in the minutes. CALL FOR THE QUESTION: Motion carried, 5 — 0. 2. APPOINTMENT/REAPPOINTMENT OF CITIZENS TO THE WATER UTILITY COMMISSION EFFECTIVE AUGUST 1, 1998 TO JULY 31, 2000 (CONTINUED FROM JULY 15, 1998) Town Manager Chuck Sweet stated that three positions were available on the Water Utility Commission. He explained that interviews were conducted of six interested citizens. The interview panel has recommended that Jennifer Gillaspie, Nicholas Vale and Carle Staub be considered for appointment to fill the three vacant terms. Council Member LaSala stated that the applicants were very qualified and the decision was not easy. He stated that it was good to see such interest and support by the citizens. MOTION: Council Member LaSala MOVED to appoint Jennifer Gillaspie and Carle Staub to three year terms expiring in July 2001 to the Water Utility Commission in order to fill the residential and commercial requirements of the Water Utility Code; and to appoint Nicholas Vale to the remaining term of former member Ron Sloan expiring in July 2000, also fulfilling the residential requirement of the Water Utility Code. Council Member Johnson SECONDED the motion. DISCUSSION: Council Member Skalsky stated that she would like to see a representative from the developers be considered as a member of the Water Utility Commission. MOTION carried, 5 — 0. 08/05/98 Minutes, Town Council Regular Session 4 3. APPOINTMENT/REAPPOINTMENT OF CITIZENS TO THE DEVELOPMENT REVIEW BOARD EFFECTIVE AUGUST 1, 1998 TO JUNE 30, 2000 Community Development Director Don Chatfield stated that terms of four members of the Development Review Board expired at the end of June, 1998. Interviews were conducted and the interview panel recommends that Patti Lewis and Barry Allen be reappointed to the Board and that James Vogelsberg and Nancy Mager be appointed to serve two year terms. Council Member Johnson stated that the Development Review Board was very important due to the Town's continued growth and development. He stated that theyhad topnotch candidates interview for positions. Council Member Johnson stated that the Town would also solicit further volunteers to serve on the Town's Boards and Commissions. MOTION: Council Member Johnson MOVED to reappoint Patti Lewis and Barry Allen to the Development Review Board for two year terms, expiring in June, 2000, and to appoint James Vogelsberg and Nancy Mager to the Development Review Board, each for one two year term, to expire in June, 2000. Council Member Skalsky SECONDED the motion. Motion carried, 4 — 1, with Mayor Loomis voting against the motion expressing his concern regarding a possible conflict of interest. 4. APPOINTMENT/REAPPOINTMENT OF CITIZENS TO THE BOARD OF ADJUSTMENT EFFECTIVE AUGUST 1, 1998 TO JUNE 30, 2000 Community Development Director Don Chatfield stated that the terms of three Board of Adjustment members expired at the end of June, 1998. Interviews were conducted and the panel recommends the reappointment of James Swan and Hayward Thresher and the appointment of Henry Suozzi to serve two year terms on the Board of Adjustment. MOTION: Council Member Johnson MOVED to reappoint James Swan and Hayward Thresher to the Board of Adjustment for two year terms, expiring in June 2000, and to appoint Henry Suozzi to the Board of Adjustment for one two year term, to expire in June 2000. Council Member LaSala SECONDED the motion. In answer to a question from Council Member Skalsky regarding training for the Board of Adjustment members, Town Attorney Tobin Sidles explained that the Town provides Board training for new members and Mr. Chatfield stated that the Arizona Department of Commerce provides yearly training. MOTION carried, 5 — 0. 08/05/98 Minutes, Town Council Regular Session 5 5. CREATION OF ORO VALLEY LIBRARY TECHNICAL ADVISORY COMMITTEE Community Development ment Director Don Chatfield stated that in the 1998 bond election, Pima County voters approved funding to establish a new northwest branch explibrary. lained He that the original concept was to construct the library near the proposed high school site near Naranja Road and Shannon Road. Because of the p g uncertainty about the high school construction, other alternatives are being explored. Mr. Chatfield explained that Council Member Johnson has been in contact with elected officials from Pima County and representatives of the Tucson/Pima Library. He stated that the location of the library facility on the Town- owned seven acre parcel at the southeast corner of Naranja and La Canada Drive has been discussed as an alternative site. Mr. Chatfield stated that if the concept of a library moves forward, community input about the Town's needs, facility planning and integration with the Town Hall activities will need to be gathered. A Library Technical Advisory Committee for the library could serve to make recommendations regarding these items and oversee the design process. Mr. Chatfield stated that staff recommends that Council g authorize the formation of the Library Technical Advisory Committee and recommends that the committee be comprised of a Town Council member, an Oro Valley citizen, a Pima County citizen, a representative from Amphitheater School District and the Greater Oro Valley Arts Council, a member of the development community, a staff member, and any others Council deems appropriate. Council Member Johnson stated that the library would be one of the greatest things to happen to Oro Valley. He stated that he will be attending a meeting in Phoenix where he will be able to network with librarians from around the state. He explained that there are still some formalities to be worked out with the Board of Supervisors but he felt it was a very positive thing for the Town. Council Member Skalsky stated that she felt a member of the Education Committee, a member from the Parks and Recreation Board, and a member from the Arts Advisory Board should be included on the Library Committee. She also recommended that the Library Board keep in mind that the school still might be constructed and only if it proves to be impossible to build there, should we move forward on the site north of Town Hall. Vice Mayor Parisi stated that he felt it would be of great benefit, both educationally and culturally to the Town to establish the library. Council Member Johnson explained that the committee would represent the whole region and cross section of citizens. He suggested adding students to the committee. 08/05/98 Minutes, Town Council Regular Session 6 Mayor Loomis stated that he felt adding students to the Library Committee was a good idea. He also recommended assigning the Council representative position to Council Member Johnson. It was the consensus of the Council to have Council Member Johnson represent the Council on the Library Technical Advisory Committee. MOTION: Council Member Johnson MOVED to authorize the formation of the Library Technical Advisory Committee to address issues related to the proposed library at Naranja and La Canada. Staff is directed to advertise for interested community members to serve on the committee and to bring forward names for appointment at the Town Council meeting of September 16th. Council Member LaSala SECONDED the motion. Council Member Skalsky stated that she would also like to see a representative from the School Board on the committee. Motion carried, 5 — 0. 6. PUBLIC HEARING - ORDINANCE NO. (0)98-27_ANNEXATION - LA CHOLLA/TANGERINE, EXTENDING AND INCREASING THE TOWN LIMITS OF THE TOWN OF ORO VALLEY, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES, AND AMENDMENTS THERETO (PROPERTY LOCATED NORTHWEST OF THE EXISTING TOWN LIMITS IN THE GENERAL VICINITY OF THE LA CHOLLA/TANGERINE INTERSECTION) Town Manager Chuck Sweet explained that there are four maps for Council's consideration. He reviewed the map of the current boundaries of the Town and the proposed annexation areas. Mr. Sweet explained that each map stands alone and is not contingent on the other maps passing in order to be effective. Community Development Director Don Chatfield explained that Focus 2020 General Plan was adopted by Town Council in JuIy,1996. He explained that the General Plan provides policy guidelines regarding annexation. He stated that the policy states that it is particularly important for the Town to consider annexation for lands that are not presently within the corporate limits but that will impact the community. The General Plan includes a primary planning area and states that annexations could be considered within that primary planning area. Mr. Chatfield explained that all four maps for consideration fall within the area. Mr. Chatfield also referenced Resolution (R) 95-22 that establishes policies regarding the annexation of unincorporated lands. He explained that all four maps meet all the policies in said resolution. He explained that one of the policies indicates that we should strive toward a configuration for the Town limits that yields an identifiable and manageable boundary and that we move toward squaring off of 08/05/98 Minutes, Town Council Regular Session 7 the Town limits. Anotherolic indicates that future annexations shall be generally p Y consistent with the policies and the planning area of the General Plan. Mr. Chatfield reviewed a map showing the Urban Growth Boundary which runs across the northern boundary along Tangerine Road. He explained that anything north of the Urban Growth Boundary would be held at its present general intensity (upzonings would not be encouraged.) Mr. Chatfield explained that Mayor Loomis has recommended staff move toward an ordinance to make the Urban Growth Boundary an enforceable tool of the General Plan. Staff is currently looking at ideas for his recommendation. Mr. Chatfield stated that the Planning and Zoning Commission has recommended that Council consider all four maps for possible annexation. Town Attorney Tobin Sidles stated that "At this time there are no legal impediments to annexing this territory should the Council decide to do so. The statutory time limits for completion for these annexations is very near. In regards to the City of Tucson lawsuit, the Supreme Court refused to accept jurisdiction; therefore; the Court of Appeals decision stands. The Court of Appeals decision clearly indicated that Tortolita does not legally exist and these maps are in the alleged area of Tortolita. Although arguments have been made by Tortolita that no final mandate has issued yet, this same argument was raised in a second lawsuit when Tortolita sued Oro Valley. In that lawsuit, the Pima County Superior Court judge refused to issued an injunction stopping Oro Valley from proceeding with the possible annexations. In that lawsuit, the judge found that these arguments by Tortolita were disingenuous at best. Tortolita has notified Oro Valley they are continuing with their legal battle; however, no court order exists stopping Oro Valley from proceeding. Based on this, Oro Valley is legally free to proceed tonight." Mr. Sweet explained that the LaCholla/Tangerine Map involves approximately 300 acres of land and contains a State Land section in the southwest corner of La Cholla and Tangerine. He explained that it also includes a portion of the Wilson School. Mr. Sweet stated that of the property owners that would be subject to any taxation in the future, 67% have signed in favor of the annexation and 77% of the assessed value has also signed in favor. Over a 10 year period, the proposed annexation map indicated a $1.3 million negative fiscal impact to the Town, and under the analysis of the General Plan there is $4.3 million positive impact. Mayor Loomis opened the public hearing. The following people spoke in favor of the annexation. Claire Klingler— 12151 N. Como Drive Paula Copeland — 930 W. Graythorn Place Rhonda Rutledge — 11360 N. Silver Pheasant Loop Joan Cowles— 1475 E. Charouleau Place 08/05/98 Minutes, Town Council Regular Session 8 John Metcalf—609 W., Pomegranate Place Joel Abrams—7521 N. Calle Cordobesa Richard Underwood — 10945 N. Pomegranate Place Tom Levitt— 1009 Central, Kansas City, MO. Rashid Khan —2333 W. Camino Del Aurora Don Laidlaw—2841 E. Third St. read letter on behalf of Bob Haad Bob lannarino— 1190 N. Naranja Drive Gordon Manning — 1124 E. 10th Street The following people spoke in opposition of the annexation. Ken Smith — 13600 N. Como Drive Hector Conde — 14040 N. Lobelia Alan Lathrem — 1750 W. Tangerine Road Louis Benson — 2590 W. Tortolita Hills Trail Jon Michael — 2555 W. Tortolita Hills Trail Dorita Brady — 1885 W. Limewood, expressed general concerns regarding the notification of property owners adjacent to the proposed annexation areas. Mayor Loomis closed the public hearing. In answer to aq uestion from Council Member LaSala regarding a portion of the Wilson School playground not being included in the proposed annexation map, Town Attorney Tobin Sidles explained that Oro Valley's police officers are peace officers and have jurisdiction throughout Arizona. He stated that the proposed annexation area in Map #2 (which might be considered at a future date) would include the playground area of Wilson School. In answer to a question from Council Member LaSala, Town Manager Chuck Sweet explained that the map was based on aerial photos. Subsequent to the map being drawn and filed it was discovered that the western half of the property owned by Amphi School District was not on the map. The area became included in Map #2 when that map was filed. Mr. Sweet further explained that similar problems regarding enforcement at Canyon del Oro High School and Dennis Weaver Park had been worked through with the cooperation Amphi School District. Community Development Director Don Chatfield explained that the General Plan had members from the community west of Oro Valley participating on the Sector Boards, and they were aware of the General Plans wording regarding annexation. 08/05/98 Minutes, Town Council Regular Session 9 In answer to aq uestion from Council Member LaSala regarding the filing of the map by Tortolita, a member of the audience stated that the map was filed on July 18, 1997. In answer to a question from Council Member LaSala, Chief Wolff explained that his officers would answer calls if so requested by the Sheriffs Department or Wilson School. He explained that they do not currently have any programs at Wilson School but they are prepared to do so. They also have can add a DARE officer through a COPS grant. Council Member LaSala stated that this is a difficult issue. He stated that he has not made up his mind on the annexation issues and has been looking at the whole situation. He stated that if Oro Valley does move forward with the annexations, it still would not stop Tortolita from moving forward with their incorporation. Council Member Skalsky stated that she has worked with the Amphi School Board and they hold open meetings and have worked very hard for the best interests of the children. She also stated that she supports Tortolita's philosophy but she also supports those citizens that have requested to be a part of Oro Valley. She stated that the Council has an obligation to the Town of Oro Valley and finds that the annexation is in compliance with the General Plan. Vice Mayor Parisi stated that he will make his decision based on what is in the best interest of Oro Valley. He said that they must deal in facts not emotions. He said that the majority of the citizens and property owners that live in the proposed annexation area want to be in the Town of Oro Valley. He stated that the annexation areas are consistent with the General Plan. Council Member Johnson stated that Council must look at all the issues and decide what makes sense for Oro Valley, how the annexations follow the General Plan, and where the majority of citizens in the areas want to live. He also stated that he hopes that the State will continue to work on legislation that overhauls annexation and incorporation laws to prevent future problems. Mayor Loomis stated that he has been anguishing over the annexations and has been waiting to hear from all concerned before making a decision. He stated that he has concerns regarding defining the Urban Growth Boundary. He also stated that the Town needs look at zoning changes. He expressed his appreciation for everyone's patience throughout the process. MOTION: Council Member Johnson MOVED to adopt Ordinance No. (0)98-27 annexing into the Town of Oro Valley, the property known as "La Cholla/Tangerine". Vice Mayor Parisi SECONDED the motion. 08/05/98 Minutes, Town Council Regular Session 10 DISCUSSION: Mayor Loomis asked that Council consider directing staff to work on the Urban Growth Boundary. It was the consensus of the Council that this consideration would not be made as part of the motion. ROLL CALL VOTE: Council Member Johnson — aye Vice Mayor Parisi - aye Council Member Skalsky — aye Council Member LaSala — aye Mayor Loomis — aye Motion carried, 5 — 0. Mayor Loomis called a recess at 9:00 p.m. The meeting resumed at 9:20 p.m. 7. PUBLIC HEARING - ORDINANCE NO. (0)98 — 29_ANNEXATION - MAP (NORTH#1 TANGERINE EXTENDING AND INCREASING THE TOWN LIMITS OF THE TOWN OF ORO VALLEY, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES, AND AMENDMENTS THERETO (PROPERTY LOCATED ON THE NORTHSIDE OF TANGERINE ROAD AND WEST OF THE LA CANADA DRIVE ALIGNMENT) Town Manager Chuck Sweet stated that Map #1 is approximately 72 acres in size (located on northside of Tangerine Road and west of the La Canada alignment.) He explained that of the property owners that would be subject to future taxation, 75% signed in favor of the annexation bringing with them 65% of the assessed valuation. Mr. Sweet explained that the analysis performed established a range under current land use criteria over a 10 year period of $30,000 negative fiscal impact and under the General Plan land use designations for the same 10 year period, a positive $10,700 fiscal impact. Mayor Loomis opened the public hearing. Alan Lathrum, 1750 W. Tangerine Road, stated that he was adamantly opposed to the annexation and was fearful of possible zoning changes that might be made. Mayor Loomis closed the public hearing. MOTION: Vice Mayor Parisi MOVED to adopt Ordinance No., (0098-29, annexing into the Town of Oro Valley Oro Valley the property known as "Map #1 (North Tangerine Annexation)" Council Member Skalsky SECONDED the motion. ROLL CALL VOTE: 08/05198 Minutes, Town Council Regular Session 11 Council Member Johnson — aye Vice Mayor Parisi - aye Council Member Skalsky — aye Council Member LaSala — aye Mayor Loomis — aye Motion carried, 5 — 0. 8. PUBLIC HEARING - ORDINANCE NO. (0)98- 30_ANNEXATION - MAP #3 WESTERN ANNEXATION, EXTENDING AND INCREASING THE TOWN LIMITS OF THE TOWN OF ORO VALLEY, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES, AND AMENDMENTS THERETO (PROPERTY LOCATED WEST OF THE EXISTING TOWN LIMITS BETWEEN LA CHOLLA & SHANNON ROAD) Town Manager Chuck Sweet stated that Map #3 is approximately 455 acres (located west of the town limits between La Cholla & Shannon Road.) He stated that 74% of the property owners subject to taxation signed in favor of the annexation bringing with them 75% of the assessed valuation. Mr. Sweet explained that the analysis performed established a range under current land use designations over a 10 year period of a $586,000 negative fiscal impact and under the current General Plan, established a $90,000 positive impact over the same 10 year period. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Skalsky MOVED to adopt Ordinance No. (0)98-30 annexing into the Town of Oro Valley Oro Valley, the property known as "Map #3 —Western Annexation." Council Member Johnson SECONDED the motion. ROLL CALL VOTE: Council Member Johnson — aye Vice Mayor Parisi - aye Council Member Skalsky — aye Council Member LaSala — aye Mayor Loomis — aye Motion carried, 5 — 0. 9. PUBLIC HEARING - ORDINANCE NO. (0)98- 31_ANNEXATION - MAP #4 LAMBERT LANE/LA CHOLLA EXTENDING AND INCREASING THE TOWN LIMITS OF THE TOWN OF ORO VALLEY, PURSUANT TO THE 08/05/98 Minutes, Town Council Regular Session 12 PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES, AND AMENDMENTS THERETO (PROPERTY LOCATED SOUTH AND WEST OF THE EXISTING TOWN LIMITS, GENERALLY IN THE LA CHOLLA/LAMBERT LANE AREA) Town Manager Chuck Sweet stated that Map # 4 is approximately 401 acres (Lambert Lane/La Cholla area.) He explained that 66% of the property owners subject to future taxation signed in favor of the annexation bringing with them 69% of the assessed valuation. The fiscal analysis established a range of current land use designations over a 10 year period of a $60,000 negative fiscal impact and under the current General Plan, established a $5.1 million positive impact over the same 10 year period. Mayor Loomis opened the public hearing. Robert Stubbs, 55 Sierra Vista Drive, stated that he is owner of a portion of the 160 acres on the southwest corner of Lambert Lane and La Cholla Drive. He stated that the development of the intersection of these two streets would have a definite impact on the Town of Oro Valley. He stated that he was in favor of the annexation. Mayor Loomis closed the public hearing. MOTION: Council Member Johnson MOVED to adopt Ordinance No. (0) 98-31, annexing into the Town of Oro Valley the property known as "Map #4 (Lambert Lane/La Cholla Annexation.) Council Member Skalsky SECONDED the motion. ROLL CALL VOTE: Council Member Johnson — aye Vice Mayor Parisi - aye Council Member Skalsky — aye Council Member LaSala — aye Mayor Loomis — aye Motion carried, 5 — 0. 10. PUBLIC HEARING — RESOLUTION NO. (R)98-50_ ADOPTION OF MASTER PLAN FOR TORTOLITA MOUNTAIN PARK (LOCATED NORTHWEST OF TOWN LIMITS) Town Clerk Kathryn Cuvelier referenced a handout and stated that The WLB Group has requested a continuance of consideration of the Master Plan for Tortolita Mountain Park. 08/05/98 Minutes, Town Council Regular Session 13 Community Development Director Don Chatfield stated that the Pima County Board of Supervisors adopted the Tortolita Mountain Park Master Plan on April 15, 1997. He explained that the Master Plan has been submitted to the Town of Oro Valley to also consider adoption. He said that the objectives of the Master Plan are to provide preservation and enhancement of the natural, cultural and visual resources of the Tortolita Mountains, and to provide opportunities for public use and the extension of the open-space network surrounding Tucson. Mr. Chatfield stated that the Planning and Zoning Commission and the Parks and Recreation Advisory reviewed the Master Plan and recommended adoption. Mr. Chatfield summarized concerns expressed by The WLB Group and Vistoso Partners regarding adoption of the Master Plan. He explained that the Tortolita Mountain Park Master Plan shows a portion of the Vistoso Partners private property within the boundaries of the proposed park expansion. He also explained that the Master Plan shows a trail route and trail head on the private property. The Vistoso Partners have also expressed concerns regarding the requirement for 300 foot buffers or setbacks around future park lands. Mr. Chatfield explained that because the Master Plan is a policy document and does not lock in certain configurations, staff can stand with the recommendations from the Planning and Zoning Commission and the Parks and Recreation Advisory Board to adopt the Master Plan. He stated that if is the Council's desire to continue the item, staff would work with Pima County Parks and Recreation and Vistoso Partners in order to address the issues before returning the item to Council. Mr. Dan Felix, Director of Pima County Parks and Recreation, stated that it was very important to get a vote of confidence from the Oro Valley Town Council. He stated that the park is a regional park and includes federal, state, county and private land. He stated that they needed to develop a document that set the footprint for use and expansion of the park. He stressed that it was a planning document and it will change as the community changes, but the principles of protecting the wildlife and the land use will remain. He stated that the items brought forward by the Vistoso Partners and The WLB Group regarding the trail can be easily resolved and they would be willing to work with Town staff and the property owners to resolve concerns. Mr. Felix asked that Council adopt the Master Plan, to provide guidance to the staff to move forward. In answer to a question from Council Member LaSala regarding a two week continuance, Mr. Felix stated that his preference would be that Council make a decision on what was presented. He stated that two weeks or even two months is simply a postponement of an important function of future protection of the parcel of land. Council Member Johnson stated that the Tortolita Mountain Park is very important to everyone. He stated that he looked forward to adoption of the 08/05/98 Minutes, Town Council Regular Session 14 Master Plan but had some concerns regarding the issues brought forward. He stated that it was in favor of continuing the item focusing on the particular items regarding the trails, trail heads and buffers and bring it back to Council as soon as possible. Mr. Felix stated that it is important to know what the direction would be from the policy makers. He stated sometimes concessions are made that are not in the best interest of the land. Vice Mayor Parisi stated that he agreed with the concept of the Tortolita Mountain Park but he did not see any urgency in the adoption of the Master Plan. He stated that The WLB Group has always planned good projects and he did not see any harm in postponing the adoption of the Master Plan for a short period of time. Council Member Skalsky stated she has heard of a letter stating that the Town supported Pima County buying land in Neighborhood 11 in Rancho Vistoso. She stated that she did not support that issue. She further stated that she wanted to continue consideration of the adoption of the Master Plan. Mayor Loomis opened the public hearing. Charles Hulsey, The WLB Group, 4444 E. Broadway, representing Vistoso Partners stated that they are owners of approximately 500 acres that are included in the proposed Master Plan area. Mr. Hulsey stated that they have been trying to work with county staff to finish the hike of the area to determine the trail. He stated that they did not think there was anything that they could not resolve over a period of time but they would like more time to work with county staff. The following spoke in favor of the Tortolita Mountain Park Master Plan and urged Council to adopt the Plan. Patty Estes, 11700 N. Joi Drive Hector Conde, 14040 N. Lobelia Gary Chandler, 10390 N. Rancho Sonora Drive Karen Stratman, 17070 N. Placita Caracol Dick Maes, Vistoso Partners, stated that the first time he saw the document was in March, 1997. He explained that he had no problem with the park itself but that the problem lies with the fact that the Master Plan shows their private property as being impacted by the plan. He stated that he realizes that it is a planning document but it should be adopted as a corrected document. In answer to a question from Vice Mayor Parisi, Mr. Maes explained that they would like to have about 60 days to identify and locate the specific trails. He 08/05/98 Minutes, Town Council Regular Session 15 stated that the Tortolita Mountain Park Master Plan is in conflict with the Rancho Vistoso Master Plan and he would prefer Council adopt a master plan that is correct. Mayor Loomis closed the public hearing. Council Member Skalsky stated that she believed that all issues needed to be addressed before adoption. MOTION: Council Member Skalsky MOVED to CONTINUE the adoption of the Tortolita Mountain Park Master Plan to come back before Council within 90 days, on or before November 18, 1998. Vice Mayor Parisi SECONDED the motion. DISCUSSION: Vice Mayor Parisi stated that he had concerns regarding the document. He stated that he believed in saving the area, and if a trail was placed in the plan ,then more people will come and destroy one of the natural preserves that we have. He stated that we should look at preserving the area and the extension would provide more time. He stated that he would like to possibly make the area a nature preserve. Council Member Johnson stated that he fully supported the plan and asked that Town and County staff and Vistoso Partners work with a sense of urgency to bring the Master Plan back before November 18th Mayor Loomis also urged expediency on the Master Plan. CALL FOR THE QUESTION: Motion for continuance carried, 4 — 1, with Council Member LaSala opposed. 11. OV3-98-33 ORO VALLEY RETAIL CENTER COMPREHENSIVE SIGN PACKAGE (ROONEY RANCH-TARGET PLANNED AREA DEVELOPMENT) (CONTINUED FROM JULY 15, 1998) Community Development Director Don Chatfield stated that the alternative sign package for the Retail Center has been reviewed at several meetings by the Development Review Board, the Town Council, and the Community Artists Focus Group. He explained that the topics of discussion at these meetings have been consolidated into four main issues: size, color for the in-line stores, request for revised guidelines for the pad stores to address the Wells Fargo Bank signage, and the monument signs. 08/05/98 Minutes, Town Council Regular Session 16 Mr. Chatfield stated that staff supports the recommendations of the Development Review Board which would allow for the anchor tenant only, 4 foot 8 inch tall letters with the logo at 5 feet 3 inches. The color of all sign lettering would be copper patina for both in-line stores and pads and the symbol can be a corporate color, back lit letters with white light and internally lit symbol. The monument signs on Oracle Road would be a maximum height of 8 feet, halo illuminated text, internally illuminated logo, characters only emitting light, in corporate colors of anchors, and 64 square feet of signage in a curvilinear shape. Mr. Chatfield stated that the primary point of disagreement with the applicant (Target store) is sign color. He stated that Target and Barclay Group have sent letters regarding federal protection of federally registered trademarks. According to those letters, both the "target" and the lettering for Target are federally registered trademarks. Mr. Chatfield stated that the biggest issue before Council, is the color of the lettering for the in-line stores. He stated that staff would recommend that if Council is inclined to move toward the red color lettering, then they would recommend an internal consistency of color throughout the PAD. In answer to a question from Council Member LaSala, Mr. Chatfield stated that the cardinal red is the standard Target color. (A representative from Target presented Council with a color palette.) Ms. Keri Silvyn, Outside Legal Counsel, stated that there is a case from the Ninth Circuit Court that specifically addresses trademarks. It states that municipalities can not force someone to alter a registered trademark. She stated that it does indicate that a municipality can, however, prohibit the use of a registered trademark. She stated that the Target logo is registered with the color red, and they are in the process of registering the Target lettering in the same red color. She stated that the fact that Target is in the process of registering the lettering is not an issue with the Court. In answer to a question from Vice Mayor Parisi regarding copper patina lettering on the smaller stores, Mr. Chatfield stated that if it is the Council's decision to allow red lettering on the anchor (in-line) stores, then staff is of the opinion that it would look cleaner for all the major stores to have the same red lettering. He stated that staff would agree that the pad stores retain the copper patina lettering on the stores fronting Oracle Road. Council Member Johnson stated that as we look at all four corners of the intersection of First Avenue and Oracle Road, the Town needs to move toward similar signage for all corners. He stated that signage needs to be considered in the total context as how it will look on the finished surface and the distance the building sits back. Council Member Johnson stated that the signage needs to be looked at "situationally." 08/05/98 Minutes, Town Council Regular Session 17 In answer to a question from Council Member Johnson regarding monument signage at the median at Pusch View Lane, Mr. Chatfield stated that as it was discussed at the Development Review Board (DRB), they decided that the locational issues would be looked at on an individual basis as the projects moved forward. Mr. Chatfield also clarified that the recommendation coming from DRB is that the text on the monument signs would be halo-illuminated and the logos are internally illuminated. Council Member LaSala stated that he realizes that the Town can not require changes to the trademarks, but he hoped that Target would work to make their sign look very attractive and uphold the standards of the Town. In answer to a question from Mayor Loomis regarding the lettering color on the in-line stores, Mr. Chatfield stated that they would recommend the same color lettering on all the stores that were in line or attached to the main (anchor) store. In answer to a question from Council Member LaSala, Ms. Silvyn stated that Target is registering the text (Target) in red as a trademark, so the Town cannot require them to place the text in copper patina. She explained that the text and the bullseye are both trademarked (or in the process.) Mr. Chatfield clarified that regarding nighttime viewing, the text would be white halo-illumination and the bullseye would be internally illuminated. Frank Bangs, Barclay Group, 1 South Church, developer of the Rooney Ranch Center, stated that they have offered that all the smaller in-line shops would use the copper patina for lettering. He stated that the pads along the Oracle Road frontage and wrapping up Pusch View Lane, could all have a copper patina lettering theme. He stated that the larger major tenants would be using the red color. He stated that they would accept the limitation that would apply the copper patina to the smaller shops which would then provide some consistency in color as requested by staff. He stated that it has been a long road and significant concessions have been made. Mr. Bangs stated that they wanted the Rooney Ranch Center to fit into the community. The following people spoke in favor of keeping the copper patina lettering and upholding the Development Review Boards recommendation. They spoke in opposition of allowing the red lettering in the Rooney Ranch Center and expressed their concerns regarding changing the sign code. Richard Feinberg, 1451 E. Triton Place Sandy Sachs, 10567 N. Camino Rosas Nuevas . Lawrence Becker, 11826 N. Cassiopeia Drive Richard Izen, 12356 Mt. Bigelow Jennifer Weisman, 10333 N. Oracle Road 08/05/98 Minutes, Town Council Regular Session 18 Vice Mayor Parisi said that as he stated earlier, the Town needs to base decisions on facts rather than emotions. He stated that in 1996 hundreds of citizens worked on a consensus Sign Code that is restrictive but allows color. He stated that the Rooney Ranch PAD states that it would provide consistency in color but does not state that the color is copper patina. He stated that they need to work as a community to make a good looking project that is tasteful with color, in a consistent manner throughout the area. MOTION: Vice Mayor Parisi MOVED to approve the Oro Valley Retail Center (Rooney Ranch-Target) as recommended by the Development Review Board with the exception of allowing the trademark registered with the anchor tenant in cardinal red. Council Member Johnson SECONDED the motion. DISCUSSION: Council Member LaSala stated that they had an obligation to do what is best for the Town. In clarification to Council Member LaSala's concern, Ms. Silvyn stated that the Town can not require that the trademarks be altered. She stated that she understands that Target has two registered trademarks. She stated that the Town can prohibit a registered trademark. Mr. Chatfield stated that the recommendation from Planning Staff and the Development Review Board, is to stand with the copper patina lettering. He stated that the only way to do that is to allow the representational logo (bullseye) in color and to say that if they want anything else on the building it must be in copper patina. It would be their choice of the text and they would not be forced to change their trademark. He stated that if the Council opts to go the other way and allow the red lettering, then staff felt it was important to have the consistency with the red lettering throughout. ROLL CALL VOTE: Council Member Johnson — aye Vice Mayor Paris - aye Council Member Skalsky — aye Council Member La Sala — aye Mayor Loomis — nay Motion carried, 4 — 1. Mayor Loomis recessed the meeting at 10:50 p.m. The meeting resumed at 11:10 p.m. 12. OV12-97-18 AMENDING A CONDITION ON THE ORO VALLEY RETAIL CENTER (TARGET) DEVELOPMENT PLAN RELATING TO THE 08/05198 Minutes, Town Council Regular Session 19 TRAFFIC STUDY (SOUTHWEST CORNER OF ORACLE RD. AND FIRST AVE.) Community Development Director Don Chatfield stated that in November, 1997, Council approved the development plan for the Retail Center (Rooney Ranch Center) with a condition that required that traffic issues be addressed prior to construction of the buildings on the site. He explained that the applicant has continued to address the traffic issues with a traffic study submitted in June and the applicant continues to work with both the Town and the Arizona Department of Transportation (ADOT.) Mr. Chatfield stated that the applicant has requested that the Town modify the conditions of the development plan to allow construction on the Target store and associated parking and off-site improvements to begin while they are finalizing the traffic analysis. Mr. Chatfield stated that staff and the applicant believe that any design solution to traffic issues identified in the study will not affect the location of the Target building as shown on the approved development plan. He stated that staff recommends approval of a modification to the condition. Town Engineer David Hook stated that the Town is willing to work with the applicant. He referenced the revised conditions for approval (Exhibit "A", Condition #1) regarding risk by the applicant. He stated that Target would not be at risk. He stated that with the traffic impact analysis not yet completed, staff feels that there would need to be some flexibility on the remainder of the site. He explained that the three conditions in Exhibit"A" address all concerns. MOTION: Council Member Skalsky MOVED to adopt the amendments to the condition of the Oro Valley Retail Center Development Plan relating to the traffic study as contained in Exhibit "A". Council Member Johnson SECONDED the motion. A) 1. Amend Town Engineer's Condition #1 of November 19, 1997 to read: The applicant shall continue to address traffic issues with the Town staff and the Arizona Department of Transportation to arrive at an appropriate resolution to all traffic issues. This shall not however, prevent the applicant from obtaining a building permit for the Target building and directly related site improvements and infrastructure. Except for the Target building as approved in the development plan, any construction, which may subsequently need to be modified to meet traffic requirements, is at the risk of the applicant. 2. Submit a revised development plan including; (1) the conditions approved by the Town Council on August 5, 1998; and (2) any changes resulting from resolution of the traffic issues. 3. No certificate of occupancy for the Target building or any other building in the Rooney Ranch Retail Center will be issued by the Town until the applicant has revised the development plan and completed all related, necessary on-site and off- site improvements identified by the traffic study, including the traffic light at Pusch View Lane. 08/05/98 Minutes, Town Council Regular Session 20 DISCUSSION: Frank Bangs, 1 S. Church, Barclay Group, stated that for clarification purposes, they were concerned with Condition #3 regarding completion of all related, necessary on-site and off-site improvements identified by the traffic study. He stated that they were concerned because of the delay of getting the response from ADOT particularly regarding First Avenue. He stated that it may be impossible to have the improvements completed by the time Target is ready to open. He asked if some distinction could be made between the on-site and the Pusch View Lane signalization improvements and those things that they are not yet sure of because of the traffic study. Mr. Hook stated that they are working through the process but he is not sure they can meet the deadline. He stated that he felt the critical item was the signal at Pusch View Lane as opposed to the First Avenue improvements. He explained that some of the First Avenue improvements could possibly include a traffic signal which might mean that there might be a risk of not having it in place. He stated that he would hesitate to make distinctions between on-site and off-site improvements. Further discussion followed regarding the completion of the traffic study, public safety, and possible assurances to the Town. AMENDMENT TO THE MOTION: Council Member Skalsky amended the motion by including that First Avenue improvements will be completed or provide assurances acceptable to the Town. Vice Mayor Parisi SECONDED the amendment. Mr. Hook stated he would still have some concerns regarding the risk to the "motoring" public. He stated that staff would work diligently to work with the applicant. CALL FOR THE QUESTION: Motion carried, 4— 1 with Council Member LaSala opposed. 13. PUBLIC HEARING — ORDINANCE NO. (0)98-32 AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED, CHAPTER 10, ORACLE ROAD SCENIC CORRIDOR OVERLAY DISTRICT, DELETING SECTION 10-410, CONVERSION OF C-1 (COMMERCIAL) ZONES IN ITS ENTIRETY Community Development Director Don Chatfield stated that Romo Enterprises has requested to amend the Oracle Road Scenic Corridor Overlay District (ORSCOD) of the Zoning Code Revised. He explained that the request is to delete Section 10- 410, (aka The Sunset Clause) Conversion of C-1 Zones. He stated that the 08/05/98 Minutes, Town Council Regular Session 21 section states in part that "On January 1, 1999, any parcel within the Oracle Road Scenic Corridor Overlay District that is zoned non —PAD C-1, which is vacant and has no General Plan designation or substantial structural improvements related to commercial uses, will be converted to the R-S district." Mr. Chatfield reviewed a map showing the areas that would be affected by the change. He explained that the original intent of the sunset clause was to limit strip commercial development along Oracle Road. He further explained that staff has three recommendations concerning the request to delete Section 10-410 from the Zoning Code. One would be to require that the Town Council would hold a regularly scheduled and advertised public meeting prior to any zoning conversion. Second, staff would recommend changing the first "and" to "or" (in referenced section above) which would diminish the number of parcels it would affect. He stated that this change would mean that the sunset clause would only affect two properties without commercial designations near the intersection of Oracle Road and Hardy Road (the Romo property and the Gephardt property.) Third, staff recommends amending the ORSCOD, Section 10-104 to retain the conversion clause but instead of R-S, permit C-N, Neighborhood commercial, development on properties that fit the conversion criteria. Mr. Chatfield stated that the Planning and Zoning Commission recommends approval of the applicant's request to delete the sunset clause in its entirety, but staff recommends language changes (as noted above) in order to protect residents and to limit strip commercial developments. Mr. Chatfield stated that Mr. Schubart, representing Romo Enterprises, has informed staff that his clients find that the staff recommendations are not acceptable. In answer to a question from Council Member Skalsky, Mr. Chatfield explained that Neighborhood Commercial (C-N) zoning allows commercial enterprises that are intended to serve a neighborhood rather than an entire community. These would not include some things that the applicants would like to build such as a bookstore, bicycle shop, or an auto parts store. These would be allowed in the C-1 zoning but not C-N. Larry Schubart, Stubbs & Schubart, representing the Romo Family Enterprises, stated that the parcel of property is 3.7 acres in size and is at the southwest corner of Hardy Road and Oracle Road. He stated that the Romo Family respects property and neighbors. He explained that they have already dedicated 30,000 square feet of the property CB-1 Zoning Ordinance through Pima County. He stated that they received a C-1 zoning through Oro Valley. Mr. Schubart explained that if the property were changed to C-N it would take away nearly half of the viable potential commercial uses of the property and yet nothing has been offered to compensate the property owners for their loss. He stated that the neighborhood would not be better by denying such businesses as book stores, bicycle shops, art galleries, or a furniture store. Mr. Schubart stated 08/05/98 Minutes, Town Council Regular Session 22 that they feel the sunset clause has served its valid purpose and could be deleted. He explained that as an alternative for deletion of the sunset clause, Council could add the words to Section 10-410, "which is not at a signalized intersection" or "which has not contributed 15% more of its of its area for public improvements". He further stressed that the Romo family was conscientious and would commit to a good development plan that is acceptable to the neighbors and the Town. Council Member Skalsky stated that her main concern was for the neighbors. She also expressed her concern that another convenience store might be built. Council Member Johnson stated that the sunset clause served its purpose in the past, but it was ridiculous to have it placed on only one property. He stated that if they worked with the neighbors and provided buffers, then retail establishments tastefully done, would provide a good benefit for the Town. In answer to a question from Council Member LaSala, Economic Development Director Norm Phillips stated that there was a lack of retail space in the Town. He explained that it was important to utilize the mile post intersections along Oracle Road. In answer to a question from Mayor Loomis, Mr. Chatfield stated that if he were selecting one of the alternatives offered by Mr. Schubart, he would select the one dealing with the signalized intersection by adding the phrase "and which is not located at intersection to be signalized." Mayor Loomis opened the public hearing. Brad Gephardt, 1730 N. Tucson Boulevard, stated that he is part owner of the property across the road from the Romo' property. He stated that only 1 1/2 acres of the property is now being developed so there is 4.2 acres left. He stated that he was concerned that the provision would effect their property. He stated that although he did not have time to study the issue, he would prefer that the Council go with the Planning and Zoning Commission's recommendation and delete the sunset clause. Bill Adler, 10720 N. Eagle Eye Place, stated that the sunset clause was to eliminate commercial development along Oracle Road as it was slated as a scenic corridor. He stated that he felt the sunset clause should remain in the Zoning Code. Steve Axford, 8701 Old Spanish Terrace, stated that he is one of the property owners on an adjacent parcel across the street. He said that he has been working with staff and homeowner's associations to put together a good project in the C-1 zoning. He stated that he knows Andy Romo and knows that he, too, will work to create a good project. 08/05/98 Minutes, Town Council Regular Session 23 Mayor Loomis closed the public hearing. In answer to a question from Mayor Loomis regarding the Storage USA property, Mr. Chatfield and Town Attorney Tobin Sidles explained that if the property is of split ownership, then the remaining 4 acres of property would be affected by the sunset clause since a development plan has not been filed. If it is all one parcel, then it would not be affected because development has taken place on a portion of the property. MOTION: Vice Mayor Parisi MOVED to go with the Planning and Zoning Commission's direction to delete the sunset clause and maintain the current zoning (C-1). Council Member Johnson SECONDED the motion. DISCUSSION: Vice Mayor Parisi stated that the area is zoned for commercial development and the Town may be forcing the applicant to build something haphazardly to protect the zoning. He stated that if you allow the zoning to stand, then the applicant can better plan for a good, viable project. Mayor Loomis stated that his concern is that the sunset clause is one of the tools that the Town can use with respect to zoning. He stated that he was concerned with deleting the sunset clause. He asked for an amendment that would address the two unique properties (Romo property and Gephardt property.) AMENDMENT TO THE MOTION: Vice Mayor Parisi MOVED to amend the motion by adding: Because of the uniqueness of the two properties and the fact that the incentives did not fit those two properties, the sunset clause would be deleted from those two properties only (Romo property and Gephardt property.) Council Member Johnson SECONDED the amendment. Motion carried, 5 - 0. Mayor Loomis recessed the meeting at 12:05. The meeting resumed at 12:15 p.m. 14. PUBLIC HEARING —ORDINANCE NO. (0)98-33 OV9-96-07 REQUEST FOR TIME EXTENSION ON CANADA CROSSROADS CONDITIONAL REZONING (COMMERCIAL PROPERTY LOCATED ON THE SOUTHWEST N CORNER OF LAMBERT LANE AND LA CANADA DRIVE) Community Development Director Don Chatfield stated the applicant is requesting an extension of the conditional rezoning of the property known as Canada Crossroads. He stated that staff would like to recommend a thirty day 08/05/98 Minutes, Town Council Regular Session 24 continuance in order to meet with the neighbors and the applicant. He asked that it be continued to the September 2, 1998 meeting. Mayor Loomis opened the public hearing. Bill Adler, 10720 N. Eagle Eye Place, stated that he had no objection to the continuance, he just wanted to know what the meeting Mr. Chatfield referred to would cover. Mr. Chatfield stated that the primary purpose of the meeting would be to look at the development agreement to see if they were getting close. He stated that the development agreement is scheduled for a public hearing before the Planning and Zoning Commission on September 1, 1998. Council Member Skalsky stated that she did not want to consider an extension for the rezoning until the development agreement is acceptable. Frank Bangs, 1 S. Church, stated that they would be happy to sit down with the neighbors to discuss the development agreement before it comes back to Council. He stated that they are before Council at the request of Town staff. Mayor Loomis closed the public hearing. MOTION: Council Member Johnson MOVED to CONTINUE the request for extension to the September 2, 1998 meeting. Vice Mayor Parisi SECONDED the motion. Motion carried, 5 — 0. 15. CONTINUED PUBLIC HEARING — ORDINANCE NO. (0)98-25 AMENDING THE LAND USE MAP OF THAT DOCUMENT KNOWN AS "FOCUS 2020: TOWN OF ORO VALLEY GENERAL PLAN, JULY 1996" — RANCHO VISTOSO NEIGHBORHOOD 10, PARCEL H, FROM MEDIUM- DENSITY RESIDENTIAL DESIGNATION TO RESORT DESIGNATION (PROPERTY BORDERED ON THE NORTH BY VISTOSO HIGHLANDS DRIVE) (CONTINUED FROM JULY 15, 1998) Community Development Director Don Chatfield stated that the property is approximately 18.8 acres in size, bordered on the north by Vistoso Highlands Drive Drive and the east by Parcel N. He explained that Vistoso Partners and their representatives are requesting a General Plan amendment to change land use from Medium Density residential to Resort designation. He stated that it does not increase density but allows a different type of land use. Mr. Chatfield stated that the Planning and Zoning Commission recommended denial of the request at their May 5, 1998 meeting. The Commission raised concerns regarding the operation of the resort, regarding maintenance, and about the difference between the proposed use and the surrounding residential areas. 08/05/98 Minutes, Town Council Regular Session 25 Mr. Chatfield stated that staff finds that the proposal does meet the majority of the findings of fact to grant a General Plan amendment and recommends approval of the request to amend the General Plan for the area known as Rancho Vistoso Neighborhood 10, Parcel H. Gary Martinson, Mirage Homes, developer of the proposed World Mark at Vistoso, stated that the site was an excellent location for a low density resort condominium project. He reviewed a site plan and aerial photo of the proposed project. Mr. Martinson explained that a lot of open space would be provided with many view corridors between the buildings. He stated that there will be many amenities provided to guests. Robert Kline, Trend West Resorts, presented an overview of the concept of Trend West Resorts and World Mark the Club, a non-profit corporation. He stated that they develop, market and sell the developments after they are developed and then continue to manage the resort. Ron Bazard, Trend West Resorts, stated that they do not sell out the projects and leave town. He stated that their people are licensed and have high standards. He stated that 40% of their sales are after market with 92% satisfaction rate from their owners. Mayor Loomis opened the public hearing. There being no speakers, the public was closed. MOTION: Council Member Skalsky MOVED to adopt the proposed amendments to the Oro Valley General Plan for the area known as Rancho Vistoso Neighborhood 10, Parcel H. Council Member Johnson SECONDED the motion. Motion carried, 5 — 0. 16. PUBLIC HEARING - RESOLUTION NO. (R)98-51 ADOPTION OF FINAL BUDGET FOR FISCAL YEAR 1998/99 Finance Director David Andrews stated that the tentative budget was adopted by Council on July 15, 1998. Resolution No. ®98-51 would adopt the final budget for the same amount of$38,823,040. Issues brought forward since the adoption of the tentative budget have been addressed which include, $20,000 addition to the Town's 25th Anniversary Commemoration, $250 added to the travel and training line item of the Economic Development budget, and several employee reclassification requests brought forward from the Human Resources Director. Mr. Andrews stated that these items could be incorporated into the final budget and the budget would still be in conformity with the Council's budgetary policy. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. 08/05/98 Minutes, Town Council Regular Session 26 MOTION: Council Member Skalsky MOVED to approve Resolution No. ®98-51, adopting the Final Budget for Fiscal Year 1998/99 as presented. Council Member LaSala SECONDED the motion. Motion carried, 5 — 0. 17. RESOLUTION NO. (R)-98-52 AUTHORIZATION OF A FOUR-WAY STOP AT THE INTERSECTION OF LA CANADA DRIVE AND NARANJA DRIVE MOTION: Council Skalsky MOVED to approve Resolution No. ®98-52 establishing a four way stop at the intersection of La Canada Drive and Naranja Drive and authorizing the installation of the appropriate traffic control devices. Council Member Johnson SECONDED the motion. Motion carried, 5 — 0. 18. OV12-98-07 STORAGE USA DEVELOPMENT PLAN FOR EXPANSION OF THE SELF-STORAGE BUSINESS (PROPERTY LOCATED EAST OF ORACLE ROAD AND SOUTH OF HARDY ROAD) Community Development Director Don Chatfield stated that the Development Review Board recommended approval of the development plan for expansion of the self -storage business. He stated that the plan is in conformance with the Zoning Code and staff recommends approval subject to conditions listed in Exhibits "A" and "B". Brad Gephardt, 1730 N. Tucson Boulevard, stated that they have provided improvements as recommended by the Development Review Board including issues such as drainage, vegetation preservation, setback requirements, screening, view considerations, traffic issues, and public art compliance. He stated that they had no problem with the additional conditions as recommended. MOTION: Council Member LaSala MOVED to approve OV12-98-07, Storage USA Expansion Development Plan, effective upon the completion of the conditions in Exhibits "A" and "B". A). 1. A maintenance agreement regarding the off-site drainage and landscape easement shall be prepared, recorded and submitted to the Town, prior to issuance of a grading permit. 2. Assurance for the off-site drainage and landscape easement shall be required. 3. A copy of the document recording the lot combination shall be submitted prior to issuance of a grading permit. 4. The portion of the 50 foot rear yard setback to be left undisturbed shall be shaded, as per the legend. 5. Two mylar copies of the development plan shall be submitted for Pima County Addressing and the Town's records. 08/05/98 Minutes, Town Council Regular Session 27 B) 1. The private off-site drainage/landscape easement along the north boundary line shall encompass any slope grading necessary to construct the drainage channel. The easement shall be signed by both parties and recorded prior to issuance of the grading permit for site construction. 2. A letter from Arizona Department of Transportation permitting the increased traffic at the existing entrance and any necessary grading within their right-of-way shall be provided to the Town of Oro Valley prior to the issuance of a grading permit for site construction. Council Member Skalsky SECONDED the motion. Motion carried, 5 — 0. 19. OV12-98-07 STORAGE USA EXPANSION FINAL LANDSCAPE PLAN (PROPERTY LOCATED EAST OF ORACLE ROAD AND SOUTH OF HARDY ROAD) Community Development Director Don Chatfield stated that the Development Review Board recommended approval of the final landscape plan for Storage USA on July 14, 1998. Staff also recommends approval with the Conditions listed in Exhibit "A". MOTION: Council Member Skalsky MOVED to approve OV12-98-07, Storage USA Expansion Final Landscape Plan, subject to the condition as listed in Exhibit "A". A) 1. All shrubs shall be 5 gallon minimum size. Council Member Johnson SECONDED the motion. Motion carried, 5 — 0. 20. OV12-98-6 MOONRIDGE, LOTS 1-48, COMMON AREA A, PRELIMINARY PLAT (PROPERTY LOCATED ONE HALF MILE NORTH OF TANGERINE ROAD, ONE HALF MILE EAST OF LA CANADA DRIVE) Community Development Director Don Chatfield stated that the Development Review Board recommended approval of the preliminary plat for Moonridge on June 9, 1998. Staff also recommends approval with the conditions listed in Exhibits "A" and "B". MOTION: Council Member Skalsky MOVED to approve OV12-98-6, Moonridge preliminary plat, Lots 1-48, and Common Area A, subject to the conditions in Exhibits "A" and "B". A)1. The following shall be added to the Preliminary Plat: • If drainage ways are to be constructed, they will be constructed according to approved plans prior to issuance of any permits from the Town Engineer and/or Building Official. These lots to be identified by number in note. 08/05/98 Minutes, Town Council Regular Session 28 • Indicate by number those lots (8, 14, 39, 47) with self-imposed rear yard setbacks that are greater than 30 feet, established to meet the minimum lot width requirement. ■ In note #15, identify the park as recreation area. • Note #19 shall be reworded as follows: Grading shall be limited to 10,000 square feet for house pads and accessory uses; otherwise grading shall be limited to roadways, driveways, and utility installtion. Areas outside the gradable areas shall be designated as naturalopen space. Building envelopes shall be staked and plant salvage plan submitted and inspected by the Zoning Inspector prior to grading. • Note #23 shall be reworded as follows: To avoid problems of shallow lots, buildings on lots 23, 27, 35, 36 & 46 should front Copper Springs Trail; access shall be from side streets. This will establish 30 foot front yard setbacks on Copper Springs Trail and rear yards from the lot line parallel to Copper Springs Trail. 2. The applicant shall submit plans showing fire hydrant to Rural Metro Fire Department, as per that agency's approval letter. 3. A revised preliminary plat shall be submitted to address all conditions as listed above. B) 1. The applicant shall continue to work with the Town of Oro Valley Water Utility staff regarding needed infrastructure for domestic and fire flow water. Vice Mayor Parisi SECONDED the motion. Motion carried, 5 — 0. 21. RESOLUTION NO. ( R ) 98-53 PROVIDING NOTICE OF INTENT TO INCREASE WATER RATES AND FEES FOR THE TOWN OF ORO VALLEY WATER UTILITY SYSTEM Town Engineer David Hook reported that Resolution No. ® 98-53 would become the Town's notice of intention to increase water rates and fees and sets a public hearing for September 16, 1998. He stated that staff recommends adoption of the resolution. MOTION: Council Member Skalsky MOVED to approve Resolution No. ®98-53, providing Notice of Intention to increase water rates and fees and further moved that staff publish the Notice of Intention as required by ARS 9-511- 013A.2 so that a public hearing on the matter may be held on September 16, 1998. She further moved that staff make Exhibit "A" — Oro Valley Water Utility Rate Report available to public as required by ARS 9-511-01- A.1. Council Member LaSala SECONDED the motion. Motion carried, 5 — 0. 22. REQUEST FOR AUTHORITY TO SUE LANDSCAPING BOND NO. AA2196 (SHADOWS OF THE RIDGE SUBDIVISION) 08/05/98 Minutes, Town Council Regular Session 29 MOTION: Council Member Skalsky MOVED to grant permission for a lawsuit to be filed on bond Number AA2196 should it be determined legally appropriate. Council Member LaSala SECONDED the motion. Motion carried, 5 — 0. 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 Chief Wolff reported that he was presented a check for $29,770 from the Drug Enforcement Agency as a result as one of the Police Departments agents being involved in a narcotics deal. COUNCIL COMMITTEE REPORTS No reports. CALL TO AUDIENCE No speakers. ADJOURNMENT MOTION: Council Member Skalsky MOVED to adjourn at 1:00 a.m. Council Member LaSala SECONDED the motion. Motion carried, 5 — 0. Respectfully submitted, (--- Q.,,,-,c___----- Roxana Garrity, Deputy Town Cler 08/05/98 Minutes, Town Council Regular Session 30 I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular/special session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 5th day of August, 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 rn ..7t• O M N • c' 00 M N t� 69 69 VD M VD W Z `p O O 01 t� 00 tn d' '� 00 111 VY 64 CA ON 69 69 69 69 v� V t` N 00 O O O O 00 E--, E N ,0 ,.., ,ci, a) a cn N 000 O O 01 N O d' 01 00 CL) `p 00 V) d- d' O oo r- N 00 C'ts d] t'T trc Q1 00 6�9 ONO 69 N ON V) 64 6 64 61.61. �9 64 QS 6S 69 69 • H M .O t- r- in M �--� 00 N �' M,__ .._. -M N N N M C .-.., .--, cels .. 0 C., • N 0, 00 O0 co - 609 069 b04 V) '0 N - co N ' O H M 00 69 M M N Z < >) N 69 69 M 69 69 69 H 0 69 69 W W m M 00 co O co M M - r-+ M — O ''� < Z E - A o O v, O v1 o O O oC 01 00 ►�"� H' Odd' N N 69 69 p CT H' " = d= �p moi= o 69 69 69 v' a, 69 � °� > Z V1 . H w w O � --.-- _, 4 t Z ar •-. ►.., H G.. - . .--4 O O O -1- ›. >,,, V - 609 r' C '0 69 69 69 _ _ cn cn Nes • c O N 64 Men" ✓ M M p••:. 4� t--- ,--. 00 69 69 00 69 2 0j 69 69 69 H o z • VI rO Ni o -- O v, ..... M 00 00 M F.. - 00 QT 00 00 00 69 N W .-. N rs 69 69 69 0 M O V) O (:/1 o O O V) Va 00 `O --•� tr) VD P V vi Tel U vi in �--� ..� ►-� U 0 o •7.: w < •o a, a, En a, N � a 0x p U �~ z -) .) o 4 Q •- Z V > d .� o . O (1) (1) aO .:".1 < U cd cc! ct < Z • bA CA c9z u b CA cam' H ?� c: U, cUn I iC/� CI) C i 1 H Z HC.Vi rimmlimmimmiumm...mmimmamilmmimm.mmiummilm...mm..mulmimimmmilmlimillmmimummiummilimmilmr' TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 19, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Finance Report For Fiscal Year Ended June 30, 1998 SUMMARY: Attached to this communication is the Finance Report for the Fiscal Year Ended June 30, 1998. Financial statements were prepared using pre-audit figures. GENERAL FUND: Select points are as follows: • Revenues exceeded expenses by $1,505,000 increasing the General Fund's fund balance to $6,029,000. > $926,000 is they ear-end actual amount for residential building permit fees exceeding budget by $281,000. > $854,000 is they ear-end actual amount for hotel/motel sales tax including bed taxes exceeding budget by $4,000. > $3,492,000 is the year-end actual amount for total sales tax collections exceeding budget by $296,000. > State/county shared revenues have exceeded budget by $603,000. > Most departmental expenditures are within budget. Those departments whose expenditures exceeded budget include Magistrate Court, Parks and Recreation and General Administration. Other Funds • Highway Fund revenues exceeded expenses by $378,000. Capital expenditures are below budget g y due to severalJro'ects being in process at the end of June and have been re-budgeted this fiscal p year. > Public Transportation Fund revenues exceeded expenses by $51,000. > Townwide roadway impact fees, alternative water impact fees and water connection fees revenues exceeded budget. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 Oro Valley Water Utility ➢ Revenues exceeded expenses by$113,503. ➢ Retained earnings increased to 591,287. ➢ Water revenues exceeded budget by $46,000. ➢ Cash increased by$470,000. ➢ Capital expenses are below budget due to several projects being in process at the end of June and have been re-budgeted in this fiscal year. David L. Andrews Finance Director Chuck Sweet Town Manager CC: Chuck Sweet, Town Manager All Department Heads Town of Oro Valley GENERAL FUND Budget Compared to Actuals Report Through June 30, 1998 Percentage of Year Completed 12/12=100.0% 1997/98 Percentage June Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: Local Taxes $ 354,472 $ 3,492,214 $ 3,196,000 109.3% State/County Shared 314,729 3,904,250 3,301,000 118.3% Fines 14,389 184,258 236,000 78.1% Licenses&Permits 96,101 1,070,192 810,500 132.0% Charges for Services 33,770 250,690 189,850 132.0% Federal Grants 47,863 267,229 268,034 99.7% State Grants 28,836 136,383 145,000 94.1% Interest Earnings 20,240 247,936 150,000 165.3% Miscellaneous 3,593 51,986 33,500 155.2% Financing From Leases - 33,580 110,000 30.5% Carryforward 3,864,409 TOTAL REVENUES 913,993 9,638,718 12,304,293 114.2% EXPENDITURES: Town Council 4,439 54,894 95,348 57.6% Town Clerk 32,804 216,371 229,064 94.5% Magistrate Court 24,284 306,659 278,099 110.3% Town Manager 20,547 297,567 328,863 90.5% Finance 64,819 458,376 498,163 92.0% Legal 16,829 191,969 242,589 79.1% Planning&Zoning 36,926 505,601 564,582 89.6% Parks&Recreation 98,246 608,689 582,959 104.4% Police 261,148 3,765,274 4,018,654 93.7% Building Safety 28,703 335,034 4 365,843 91.6% Public Works 17,892 215,829 244,710 88.2% Custodial&Facility Maintenance 6,699 1 87,067 140,659 61.9% General Administration: Operations&Maintenance 24,658 233,663 196,911 118.7% Improvements - 41,078 62,000 66.3% Vehicles&Equipment - 35,717 30,500 117.1% Transfers to Other Funds 863 779,804 778,941 100.1% Contingency/Reserve 3,646,408 TOTAL EXPENDITURES 5 638.857 S 8,133.592 S 12,304,293 93.9% REVENUES LESS EXPENDITURES $ 275,136 $ 1,505,126 FUND BALANCE AT JULY 1, 1997 $ 4,563,577 CURRENT FUND BALANCE $ 6,068,703 *Pre-audit figure. Town of Oro Valley HIGHWAY FUND Budget Compared to Actuals Report Through June 30,1998 Percentage of Year Completed 12/12=100.0% 1997/98 Percentage June Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: State Shared Fuels Tax $ 129,732 $ 1,297,887 $ 1,514,000 85.7% State and Federal Grants - 25,000 282,000 8.9% Other Revenues 5,995 113,417 33,200 341.6% Financing From Leases - 92,500 165,000 56.1% Carryforward of Fund Balance 800,102 TOTAL REVENUES 135,727 1,528,804 2,794,302 76.7% EXPENDITURES: Personnel 18,856 380,574 421,730 90.2% Operations&Maintenance 19,738 266,246 378,442 70.4% Street Improvements - 137,280 123,000 111.6% Capital Improvements 13,793 166,539 1,119,500 14.9% Equipment&Vehicles - 144,220 210,800 68.4% Lease Purchase Payments 11,215 55,466 62,430 88.8% Contingency 478,400 TOTAL EXPENDITURES $ 63,602 $ 1,150,325 $ 2,794,302 49.7% REVENUES LESS EXPENDITURES $ 72,125 $ 378,479 FUND BALANCE AT JULY 1, 1997 $ 1,016,534 CURRENT FUND BALANCE _ $ 1,395,013 *Pre-audit figure. Town of Oro Valley OTHER FUNDS Budget Compared to Actuals Report Through June 30, 1998 Percentage of Year Completed 12/12=100.0% 1997/98 Percentage PUBLIC TRANSPORTATION FUND June Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: Local Transportation Assistance Funds $ 5,205 $ 145,130 $ 140,000 103.7% Other 1,763 29,270 3,600 813.1% Carryforward of Fund Balance 30,751 TOTAL REVENUES 6,968 174,400 174,351 121.4% EXPENDITURES: Personnel 5,100 75,118 77,862 96.5% Operations&Maintenance 2,323 39,134 44,754 87.4% Equipment - 9,520 10,125 94.0% Contingency 41,610 TOTAL EXPENDITURES $ 7,423 $ 123,772 $ 174,351 93.2% REVENUES LESS EXPENDITURES $ (455) $ 50,628 FUND BALANCE AT JULY 1,1997 $ 40,971 CURRENT FUND BALANCE $ 91,599 * 1997/98 Percentage TOWNWIDE ROADWAY DEVELOPMENT June Y-T-D Total of Budget IMPACT FEES Actuals Actuals Budget Completed REVENUES: La Canada Drive Imp.Federal Grant $ 15,278 $ 15,278 $ - 100.0% Interest-Investments 14,045 1 178,827 50,000 357.7% Development Impact Fees 110,556 1,230,404 1,000,000 123.0% Transfer from Capital Project Fund - 2,994,525 2,967,978 100.9% TOTAL REVENUES 139,879 4,419,034 4,017,978 110.0% EXPENDITURES: Improvements - - 77,000 0.0% Contingency - - 3,940,978 TOTAL EXPENDITURES $ - $ - $ 4,017,978 U.0% REVENUES LESS EXPENDITURES $ 139,879 $4,419,034 FUND BALANCE AT JULY 1,1997 $ 123,865 CURRENT FUND BALANCE $4,542,899 *Pre-audit figure. Town of Oro Valley OTHER FUNDS Budget Compared to Actuals Report Through June 30,1998 Percentage of Year Completed 12/12=100.0% 1997/98 Percentage ALTERNATIVE WATER RESOURCES June Y-T-D Total of Budget DEVELOPMENT IMPACT FEES Actuals Actuals Budget Completed REVENUES: Development Impact Fees $ 66,522 $ 345,943 $ 175,500 197.1% Other 1,323 13,898 - 100.0% Carryforward of Fund Balance 112,500 TOTAL REVENUES 67,845 359,841 288,000 124.9% EXPENDITURES: Outside Professional Services - 18,760 100,000 18.8% Improvements - - 188,000 TOTAL EXPENDITURES $ - $ 18,760 $ 288,000 6.5% REVENUES LESS EXPENDITURES $ 67,845 $ 341,081 FUND BALANCE AT JULY 1, 1997 $ 141,377 CURRENT FUND BALANCE $ 482,458 * 1997/98 Percentage ORO VALLEY WATER June Y-T-D Total of Budget CONNECTION FEES Actuals Actuals Budget Completed REVENUES: Connection Fees $ 103,575 $ 443,094 $ 241,250 183.7% Other 171 11,718 - 100.0% Carryforward of Fund Balance (59,500) TOTAL REVENUES 103,746 454,812 181,750 250.2% EXPENDITURES: Improvements 22,583 482,547 881,600 54.7% Contingency - TOTAL EXPENDITURES $ 22,583 $ 482,547 $ 881,600 54.7% REVENUES LESS EXPENDITURES $ 81,163 $ (27,735) FUND BALANCE AT JULY 1,1997 $ 162,361 CURRENT FUND BALANCE $ 134,626 * *Pre-audit figure. Town of Oro Valley ORO VALLEY WATER UTILITY Budgeted Income Statement Through June 30,1998 Percentage of Year Completed 12/12=100.0% 1997/98 Percentage June Y-T-D Total of Budget Actuals Actuals Budget Completed OPERATING REVENUES: Water Revenues $ 494,736 $ 4,123,586 $ 4,079,701 101.1% Other 33,539 205,273 144,400 142.2% TOTAL REVENUES 528,275 4,328,859 4,224,101 102.5% OPERATING EXPENSES: Cost of sales&services 200,473 1,834,650 1,946,421 94.3% Depreciation&Amortization 95,343 1,144,118 1,227,141 93.2% TOTAL OPERATING EXPENSES 295,816 2,978,768 3,173,562 93.9% OPERATING INCOME 232,459 1,350,091 1,050,539 128.5% NONOPERATING REVENUES(EXPENSES) Interest Income 21,311 257,187 90,000 285.8% Interest Expense 124,481 1,493,775 1,494,100 100.0% TOTAL NONOPERATING REVENUES (EXPENSES) (103,170) (1,236,588) (1,404,100) NET INCOME $ 129,289 1 $ 113,503 $ (353,561) RETAINED EARNINGS AT July 1,1997 $ 477,784 $ 477,784 CURRENT RETAINED EARNINGS * _ $ 591,287 $ 124,223 CAPITAL BUDGET Machinery&Equipment $ 1,992 $ 32,065 $ 30,175 106.3% Improvements - 7,876 - 100.0% Vehicles 12,031 107,241 129,000 83.1% Meters 5,131 63,422 45,000 140.9% Wells - 196,565 348,000 56.5% Booster Stations 100 62,835 360,000 17.5% Transmission/Distribution Main 1,526 126,595 957,000 13.2% Reservoirs 1,847 157,054 354,000 44.40/0 Hydrants - 3,390 45,000 7.5% Land - - 35,000 0.0% Telemetry 503 6,079 4 - 100.0% Structures - 2,539 91,000 2.8% TOTAL CAPITAL BUDGET $ 23,130 $ 765,661 $ 2,394,175 32.0% *Pre-audit figure. Town of Oro Valley ORO VALLEY WATER UTILITY Statement of Cash Flows Through June 30, 1998 Total Actual Budget Cash at July 1, 1997 $ 3,610,603 $ 2,846,276 Total Cash Collections 5,735,005 4,314,101 Total Cash Payments 5,264,809 5,934,696 Net Change in Cash 470,196 (1,620,595) Current Cash Balance $ 4,080,799 * $ 1,225,681 * Pre-audit figure. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE:August 19, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: Shirley Seng, Utility Administrator SUBJECT: Resolution No. (R) 98-54 Authorizing and Approving a Contract for On-Call Professional Services between WestLand Resources, Inc. and the Town of Oro Valley SUMMARY: WestLand Resources, Inc. has provided on-call engineering services to the water utility in the past. This fiscal year, staff is requesting Town Council approval for these services because of the nature of the work. On-call engineering services cannot be quantified in a manner in which a standard, fixed-price contract could be g g executed. The volume, frequency and scope of work is unknown and must be charged on an hourly basis. These services are essential to staff in accomplishing our work and were proposed by staff in the FY 98/99 budget. Thero osal from WestLand Resources, Inc. involves three different areas of on-call activities. Consulting p p services to provide alternative water supply analysis and support includes the technical analysis and strategic nlanning related to long-term water supply in Northwest Tucson. General "on-call" engineering services Includes assisting staff in long-term planning for capital improvements, review of water plans for new development, negotiation with developers, system design and engineering, and general troubleshooting problems in the existing water system. Technical support and engineering analysis as related to OV#1 includes engineering analysis and technical support to the OV#1 Task Force. FISCAL IMPACT: An allowance for on-call engineering services has been included in the FY 98/99 budget. RECOMMENDATIONS: Staff recommends approval of Resolution No. (R) 98-54 authorizing and approving a contract for on-call professional services between WestLand Resources, Inc. and the Town of Oro Valley. SUGGESTED MOTION: I move to approve Resolution No. (R) 98- 54 authorizing and approving a contract for on-call professional services between WestLand Resources, Inc. and the Town of Oro Valley. Or i move to not approve Resolution No. (R) 98- 54 authorizing and approving a contract for on-call professional services between WestLand Resources, Inc. and the Town of Oro Valley. TOWN OF ORO VALLEY ":OUNCIL COMMUNICATION Page 2 of 2 ATTACHMENTS: 1. Resolution No. (R) 98- 54 2. Westland Resources, Inc.'s Proposal for On-Call Professional Services Utility Administra,•r CE f, or t TO •,ngineer ity Dire for Town Manage RESOLUTION NO. (R) 98- 5 4 RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A CONTRACT FOR ON-CALL PROFESSIONAL SERVICES BETWEEN WESTLAND RESOURCES, INC. AND THE TOWN OF ORO VALLEY. WHEREAS, the Arizona Revised Statutes 9-511 allows for the operation of a water utility by the Town of Oro Valley; and WHEREAS, in 1996 the Town Council directed the Town staff to pursue and operate the Town of Oro Valley Water Utility; and WHEREAS, the operation of the water utility necessitates the use of professional consultants; and WHEREAS, on-call professional services cannot always be quantified with regard to the volume, frequency and scope of work therefore creating the need for these services to be charged on an hourly basis; and WHEREAS, WestLand Resources, Inc. has provided professional consulting services to the water utility in the past; and WHEREAS, the attached agreement is found to be mutually beneficial to both parties; BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: 1. That the attached Agreement between the Town of Oro Valley and WestLand Resources, Inc. is hereby approved. 2. That the Mayor of the Town of Oro Valley and other administrative officials are hereby authorized to take such steps as are necessary to execute and implement the terms of said agreement. 3. This is the sole agreement between the parties. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 19th day of August , 1998. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney WestLand Land Resources, inc. Engineering and Environmental Consultants June 12, 1998 Mr. David Hook TOWN OF ORO VALLEY 680 W. Calle Concordia Oro Valley,Arizona 85737 RE: PROPOSAL FOR ON-CALL PROFESSIONAL SERVICES PROPOSAL NO. P182.98 Dear David: In accordance with your request, we are pleased to provide our proposal for "On-call" professional engineering services. Our services will consist of technical support in three (3) major categories. These three categories are generally defined as: 1) Alternative Water Supply Analysis and Support, 2) General Engineering Services, and 3) Services related to the acquisition of the OV-1 Water Improvement District (OV-WID). Our billings for the above-referenced service categories are as follows: 206.01 ALTERNATIVE WATER SUPPLY ANALYSIS AND SUPPORT Over the past two years, the staff of WestLand Resources,Inc. (WestLand)has been active in the technical analysis and strategic planning related to long-term water supply in Northwest Tucson. Since the Town of Oro Valley acquired Canada Hills and Rancho Vistoso Water Companies, WestLand staff have assisted the Town of Oro Valley in its dealings with the Bureau of Reclamation (BOR), Tucson Water, Arizona Department of Water Resources (ADWR), and the Central Arizona Project(CAP). Wero ose to continue to provide "on-call" services related to Alternative Water Supply on a time and p p materials basis per the attached rate schedule. 206.02 GENERAL "ON-CALL"ENGINEERING SERVICES WestLand staff have over 10 years experience with the Canada Hills and Rancho Vistoso Water Companies. Our staff have assisted Town staff in long-term planning for Capital Improvements,Review of Water Plans, Negotiations with developers, system design and engineering, and troubleshooting problems in the existing water systems. Wero ose to continue to provide "on-call" services for General Engineering Services on a time and p p materials basis per the attached rate schedule. C:\MyFiles\Proposals\DHook On-call svcs.doc 2343 E. Broadway Blvd., Suite 202 • Tucson, AZ 85719 • 520.206.9585 Fax 520.206.9518 Mr. David Hook June 12, 1998 Page 2 of 2 206.09 TECHNICAL SUPPORT AND ENGINEERING ANALYSIS AS RELATED TO OV-1 Over the past few months,the staff of WestLand have provided engineering analysis and technical support to the OV-1 Task Force at the Town of Oro Valley. We have developed several alternatives for the acquisition of and connections to the existing OV-1 system. We propose to continue to provide"on-call"engineering services as related to OV-1 on a time and materials basis per the attached rate schedule. We appreciate the opportunity to submit this proposal and look forward to continuing our working relationship with the Town of Oro Valley on these projects. If the above-described arrangements are satisfactory,please indicate so by signing the enclosed contract and return it to our office. We propose to assist Town staff in our billings by maintaining a tabulation of all Purchase Orders issued for each service category on our monthly billings. If you have any questions,please do not hesitate to call us. Sincerely, WestLand Resources, Inc. 7r:cm/ezor4 c2.-t:-..ea. Thomas A. Martinez Project Manager TAM:jc Enclosure: Contract C:\MyFiles\Proposals\DHook On-call svcs.doc WestLand Resources, inc. Engineering and Environmental Consultants 1998 BILLING RATE SCHEDULE Personnel Classification Rate Principal $ 85.00 Engineer 4 $ 75.00 Environmental Specialist 4 $ 75.00 Engineer 3 $ 65.00 Civil Designer 2 $ 62.50 Engineer Technician 2 $ 55.00 Environmental Specialist 2 $ 55.00 Drafter 2 $ 45.00 Engineer Technician 1 $ 45.00 Environmental Specialist 1 $ 45.00 Technical Editor $ 45.00 Contract Administrator 2 $ 40.00 Field/Research Technician 2 $ 40.00 Contract Administrator 1 $ 35.00 Secretary/Word Processor 2 $ 35.00 Field/Research Technician 1 $ 30.00 Secretary/Word Processor 1 $ 30.00 CONTRACT FOR PROFESSIONAL SERVICES On-call Professional Engineering Services This Agreement entered into between WestLand Resources,Inc. (WestLand)and the Town of Oro Valley(CLIENT) authorizes WestLand to complete the scope of services outlined in the Scope of Services described below. I. SCOPE OF SERVICES Our services will consist of technical support in three(3)major categories. These three categories are generally defined as: 1)Alternative Water Supply Analysis and Support,2)General Engineering Services, and 3) Services related to the acquisition of the OV-1 Water Improvement District(OV-WID). 206.01 Alternative Water Supply Analysis and Support Over the past two years,the staff of WestLand Resources,Inc.(WestLand)has been active in the technical analysis and strategic planning related to long-term water supply in Northwest Tucson. Since the Town of Oro Valley acquired Canada Hills and Rancho Vistoso Water Companies, WestLand staff have assisted the Town of Oro Valley in its dealings with the Bureau of Reclamation(BOR),Tucson Water,Arizona Department of Water Resources(ADWR),and the Central Arizona Project(CAP). 206.02 General"On-Call"Engineering Services WestLand staff have over 10 years experience with the Canada Hills and Rancho Vistoso Water Companies.Our staff have assisted Town staff in long-term planning for Capital Improvements,Review of Water Plans,Negotiations with developers,system design and engineering,and troubleshooting problems in the existing water systems. 206.09 Technical Support and Engineering Analysis as Related to OV-1 Over the past few months,the staff of WestLand have provided engineering analysis and technical support to the OV-1 Task Force at the Town of Oro Valley. We have developed several alternatives for the acquisition of and connections to the existing OV-1 system. II. COSTS We propose to continue to provide "on-call"services as described above on a time and materials basis per the attached schedule. III. TERMS AND CONDITIONS 1. CLIENT agrees to cooperate in any and every way or manner with WestLand on the services to be performed by WestLand as described above. 2. All sketches,drawings,tracings,computation,survey notes,and other original documents are and shall remain the property of WestLand, and CLIENT subject to the requirements of public agencies. 3. All agreements on WestLand's part are contingent upon and subject to the fact that WestLand shall not be responsible for damages or be in default or deemed to be in default by reason of delays in performance by reason of strikes,lockouts,accidents,acts of God,shortages of materials,unavailability of labor at established area wage rates,delays caused by failure of CLIENT or CLIENT's agents to furnish information or to approve or disapprove work promptly,or due to late or slow or faulty performance by CLIENT,or other contractors or governmental agencies,the performance of whose work is precedent to or concurrent with the performance of WestLand's services hereunder and other unavoidable delays or any causes beyond reasonable control of C:\MyFiles\Proposals\DHook On-call svcs cont.doc Page 1 of 4 WestLand. In the case of the happening of any such cause of delay,the time of completion shall be extended accordingly. In the event WestLand's services hereunder are not completed within six(6)months from the date of this Agreement,WestLand reserves the right to adjust its fee for the uncompleted portion of its services to reflect any increases of wages,salaries or benefits to be paid by WestLand to its employees in the performance of this Agreement. WestLand shall complete the Scope of Services in accordance with Exhibit A. 4. In the event that any staking is destroyed by an act of God or parties other than WestLand,the cost of restaking shall bep aid for by CLIENT. Such cost shall be in addition to the compensation otherwise payable to WestLand hereunder. 5. WestLand makes no representation concerning soil conditions,and has not,unless expressly set forth in the description of the scope of work set forth in this Agreement, undertaken any responsibility to furnish any reports or to secure performance of tests concerning the character of soils or their suitability for construction. In the event that WestLand agrees to secure performance of soil tests,it is agreed that the service shall be for the convenience of the CLIENT,and WestLand's only obligation shall be to coordinate the performance of soil tests andp reparation of soil reports for a soil testing lab,which reports and tests shall be for exclusive use of and dissemination to CLIENT. WestLand shall not be responsible for any claims,liabilities or damages which arise or are alleged to arise out of the making or failure to make soil surveys, compaction tests or other subsurface soil tests of any kind or nature. 6. WestLand's responsibility in performing this contract is limited solely to the scope of services to be performed by WestLand as expressly set forth in this contract,and WestLand,its agents and/or employees shall have no liability of any kind to the CLIENT or to any construction contractor or subcontractor or any person having contractual relationships with them for any actions, errors and/or omissions of WestLand, its agents and/or employees which are not within the scope of the services to be performed by WestLand Additional services requested by the CLIENT shall be covered by letter or memorandum and constitute an addendum to the Agreement. 7. CLIENT agrees that the liability of WestLand,its agents and employees,in connection with services hereunder to the CLIENT and to all persons having contractual relationships with them,resulting from any negligent acts, errors and/or omissions of WestLand,it agents and/or employees is limited to the limits of our$1,000,000.00 liability insurance policy existing for services rendered by WestLand hereunder. 8. No conditions or representation altering,detracting from or adding to the terms hereof shall be valid unless printed or written hereon or evidenced in writing by either party to this Agreement and accepted in writing by the other. 9. The CLIENT agrees that, in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including, without limitation, prosecution and of work and the safety of all persons and property and that this requirements shall be made to apply continuously and not be limited to normal working hours. CLIENT further agrees to defend,indemnify and hold WestLand harmless from any and all liability,real or alleged,in connection with the performance of work on the project. 10. CLIENT shall pay the cost of all expenses incurred or to be incurred by WestLand directly or indirectly in connection with the project for:transportation of subsistence incidental thereto: obtaining bids or proposals from contractors;toll telephone calls and telegrams;and all charges to be paid or incurred for fees,permits, bond premiums, title company charges, delivery charges,blueprints and reproduction of reports, drawings, specifications and all other charges and expenses not specifiable itemized in this paragraph, but which are reasonably necessary to the proper completion of the services hereby covered. In the event such reimbursable items are paid directly by WestLand,then CLIENT shall be obligated to reimburse WestLand,therefore,and such charges and expenses shall be invoiced by WestLand to CLIENT at direct cost,plus fifteen percent(15%) for handling. C.\MyFiles\Proposals\DHook On-call svcs cont.doc Page 2 of 4 11. Invoices will be issued monthly,are due and payable upon receipt and are delinquent thirty(30)days after the invoice date. When an invoice becomes delinquent,WestLand may,at its option suspend or stop performance hereunder until such time as all delinquent invoices, together with accrued late charges, attorneys' fees, litigation or collection expenses,whether taxable or not,shall have been paid. If an invoice remains delinquent for a period of thirty(30)days,WestLand may,at its option,terminate this Agreement by giving written notice of its termination to the CLIENT. Termination shall take effect on the date of the notice of termination. In the event of termination under the provisions of this paragraph,WestLand shall be entitled to payment for all services rendered and costs incurred hereunder to the date of termination and to recovery of all expenses which are attributable to said termination or described in paragraph 18 hereof. 12. CLIENT shall promptly review invoices and reasonably notify WestLand of any objection thereto. 13. If invoices are not paid in full prior to delinquency,CLIENT agrees to pay a late change on the unpaid amount at a monthly rate equivalent to the prime lending rate then being charged by Bank of Arizona,plus four(4) percentage points, said late charge to accrue from the date on which each such invoice becomes delinquent. WestLand reserves the right to increase or reduce the late charge rate by giving written notice to CLIENT. Notice of any such increase or reduction shall become effective thirty (30) days following the date of the notice. All payments received by WestLand shall first be credited to payment of any late charges and then to the principal balance. 14. In the event any term or provision of this agreement is held to be invalid or unenforceable,the validity of the other provisions hereof shall not be affected,and this agreement shall be construed and enforced as if it did not contain the particular term or provision held invalid or unenforceable. 15. In the event of a conflict or dispute as to the interpretation,application or implementation of this agreement, either party shall have the right to submit the conflict or dispute to arbitration in accordance with the Construction Industry Rules of the American Arbitration Association in effect at the time of submission of the dispute. 16. In the event of a change of rule,regulation or policy by any governmental agency or agencies after the date of this agreement,which change alters the plans,specifications and/or field work to be prepared or performed hereunder,any additional office or field work required as a result of such change shall be deemed additional services,shall be payable by CLIENT, and shall be invoiced and paid for as provided herein. 17. Upon written request,each of the parties hereto shall execute and deliver or cause to be executed and delivered such additional instruments and documents as may be necessary and proper to carry out the terms of this agreement. 18. Should litigation be necessary to enforce any term or provision of this agreement, then all litigation and collection expenses,including,without limitation,witness fees,court costs,attorneys'fees and other expenses, whether taxable or not,shall be paid to the prevailing party. 19. This agreement binds WestLand and CLIENT and their successors,assigns and partners. Neither party shall assign,sublet or transfer his interests,rights or obligations in this agreement without the prior written consent of the other party hereto. 20. This agreement shall be construed and enforced in accordance with the laws of the State of Arizona. Any action arising out of this agreement shall be brought in the Superior Court of Arizona,for Pima County. 21. This agreement sets forth the entire agreement of CLIENT and WestLand with respect to the services to be performed hereunder. There are no understandings or agreements except as expressly stated herein. C:\MyFiles\Proposals\DHook On-call svcs cont.doc Page 3 of 4 22. CLIENT may terminate this agreement at any time without cause upon delivery,during normal business hours, of written notice to that effect to the other, in which event this Agreement shall terminate 24 hours after the delivery of such notice. If the CLIENT terminates this Agreement, CLIENT shall pay WestLand for any expenses incurred up to the time of termination. 23. Any waiver at any time by either PARTY of its rights with respect to a default under this Agreement,or with respect to any other matters arising in connection with the Agreement, shall not be deemed a waiver with respect to any subsequent default or other matter. 24. All notices, requests, demands or other communications required or permitted to be given hereunder to WestLand shall be delivered to WestLand at 2343 E. Broadway Boulevard, Suite 202, Tucson, Arizona. 85719. All notices,requests,demands or other communications required or permitted to be given hereunder to the CLIENT shall be delivered to the Address set forth below the CLIENTS signature on this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement this day of , 19 CLIENT WestLand Resources,Inc. Signature: Signature: Name: Name: Title: Title: Principal Street Address: City, State,Zip: C:\MyFiles\Proposals\DHook On-call svcs cont.doc Page 4 of 4 E TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 19, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: Shirley Seng Utility Administrator SUBJECT: Resolution#(R)98- 55 Authorizing and Approving a Line Extension Agreement Between the Town of Oro Valley and Cromwell Group 2, LLC Providing for Water Service by the Town of Oro Valley to Estates At Honey Bee Ridge Phase 2 Lots 61-81, 89-92 and 104-116. SUMMARY: The Town Water Code, established by Ordinance #96-13, requires that applicants for water service enter into a Line Extension Agreement(LEA)with the Town. The LEA establishes the framework for the relationship between the applicant and the Town,spelling out such things as what facilities the applicant will construct,the cost of those improvements, what costs (if any) will be eligible for reimbursement, the method and limitations of reimbursement, the calculation and payment of fees and the dedication/acceptance of the facilities. FISCAL IMPACT: This agreement will allow the Town to collect the appropriate fees. It will commit the Town to certain future refund provisions as detailed in the document. The facilities constructed will become assets of the Town. RECOMMENDATIONS: Staff recommends approval and execution of the LEA. SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Resolution(R)98-55 or I move to not approve Resolution(R)98- 55 ATTACHMENTS: Resolution No.(R)98- 55 Authorizing and Approving a Line Extension Agreement between the Town of Oro Valley and Cromwell Group 2, LLC Providing for Water Service by the Town of Oro Valley to Estates at Honey Bee Ridge Phase 2 Lots 61-81, 89-92 and 104-116. 0 Utility Adminis .tor c1,-- 7iirector � Town ManagF / ' / RESOLUTION NO. (R) 98- 55 RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A LINE EXTENSION AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND CROMWELL GROUP 2, LLC PROVIDING FOR WATER SERVICE BY THE TOWN OF ORO VALLEY TO ESTATES AT HONEY BEE RIDGE PHASE 2, LOTS 61-81, 89-92 AND 104-116. WHEREAS, the Arizona Revised Statutes 9-511 allows for the operation of a water utility by the Town of Oro Valley; and WHEREAS, in 1996 the Town Council directed the Town staff to pursue and operate the Town of Oro Valley Water Utility; and WHEREAS, the operation of the water utility calls for the use of line extension agreements as mentioned in the Town Code; and WHEREAS, Cromwell Group 2, LLC is the owner of certain property more fully described in "Exhibit A" — Town of Oro Valley Agreement for Construction of Water Facilities Under Private Contract attached hereto and incorporated herein; and WHEREAS, Cromwell Group 2, LLC wishes to receive water service and enter into an agreement with the Town, as legally described in the attached Exhibit; and WHEREAS, the attached agreement is found to be mutually beneficial to both parties; BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: 1. That the attached Agreement between the Town of Oro Valley and Cromwell Group 2, LLC for Estates at Honey Bee Ridge Phase 2 Lots 61-81, 89-92 and 104-116 is hereby approved. 2. That the Mayor of the Town of Oro Valley and other administrative officials are hereby authorized to take such steps as are necessary to execute and implement the terms of said agreement. 3. This is the sole agreement between the parties. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 19th day of August , 1998. TOWN OF ORO VALLEY,ARIZONA Paul H. Loomis,Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney TOWN OF ORO VALLEY AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENT, authorized by Section 15-12-3 Oro Valley Water Code, is made and entered into this day of , 199 8, by and between the TOWN OF ORO VALLEY, hereinafter called the Town, and Cromwell Group 2, LLC hereinafter called the Applicant. WITNESSETH: WHEREAS, the Applicant desires to install the Water Facility to provide service to 89-92 & pp 1 ro the project to be known as Estates at Honey Bee Ridge Ph. 2 Lots 61-81 located on 104-116 thep arcel of land described on Exhibit A, hereinafter called the Subject Property; and WHEREAS, the required plans, specifications, and materials for the Water Facility have been approved by the Town, and WHEREAS, the Applicant desires that the Town take possession of, operate and service the Water Facility; and WHEREAS, the Town is willing to accept the Water Facility and permit it to be connected to the Town Water System provided it meets Town standards and the work is done in accordance with Town requirements; Now, THEREFORE, in consideration of the matters and conditions set forth in this Agreement, IT IS HEREBY AGREED AS FOLLOWS: I. GENERAL 1. The Applicant shall design and install, at applicant's own expense, the Water Facility, as set forth in Engineer's Plan No. 185050A-135-0800, a true and correct copy of which is on file with the Oro Valley Water Utility, and Town Standard Waterworks Specifications and Details and special specifications and details as approved by the Town and by this reference made a part of this Agreement (all of which are collectively referred to in this Agreement as "the Water Facility"). 2. The Water Facility shall be constructed by a contractor properly licensed by the State of Arizona for this type of work. 3. Before any service connections are made to the Water Facility or the Town's water system, all fees which are then.due shall be paid to the Town (see section II of this Agreement). 4. No service connections will be made until the Water Facility has been accepted by the Town in accordance with Section 15-12-2 of the Oro Valley Water Code. 5. Meter applications will be accepted only for the lots as designated in the description of the Subject Property. PLAN NO. 185050A-135-0800 PAGE 1 OF 7 PR 7. Execution of this Agreement certifies that the Applicant has reviewed the plans and specifications for the Water Facility, approved the location of service lines and is in full accordance therewith. II. APPLICABLE FEES The Town will require certain fees to be paid for providing water service under this q agreement. The Town will take all necessary and legal steps to protect its interests, includingthe refusal to provide water service, if Applicant fails to pay fees when due. Applicant's payment of a fee shall not constitute a waiver of its right to seek a refund of the prfee; ovided,rovided however, that nothing in this agreement shall be interpreted as a waiver of any applicable licable statutory claims procedure. The water fees currently contemplated to be charged for the Subject Property are as follows: 1. Monthly minimum water service fees, water commodity charges, and service (seeYchar es Oro Valle Water Code Sections 15-17-1A, 15-17-1B, 15-17-3, 15-17-6, and g 15-17-7), based on water usage and circumstances, which are due and payable within ten days after billingbythe Town, in accordance with Oro Valley Town Code Section 15-15-2. 2. Meter setting fees (see Oro Valley Water Code Sections 15-17-2 and 15-17-8) calculated to total $ 3,990.00 for the Subject Property based on the current development proposal and rates, as calculated on Exhibit E. Actual meter setting fees p which will be charged for the Subject Property will be based on the rates effective at the time the water service connection is installed. Meter setting fees shall be paid before the Town sets the meter which is the subject of the fee. 3. Hook-up fees (see Oro Valley Water Code Sections 15-17-5 and 15-17-10), calculated to total $ 20,900.00 for the Subject Property based on the current development proposal and rates, as calculated on Exhibit F. Actual hook-up fees which p will be charged for the Subject Property will be based on the rates effective at the time the fee is aid. Hook-upfees shall be paid upon issuance of construction permits for the p land use which is the subject of the fee. 4. Alternative Water Resources Development Fees (see Oro Valley Water Code Sections 15-17-4 and 15-17-9), calculated to total $ 11,400.00 for the Subject Property based on the current development proposal and rates, as calculated in p Y Exhibit G. Actual Alternative Water Resources Development Fees which will be charged for the Subject Property will be based on the rates effective at the time the fee is paid. p Alternative Water Resources Development Fees shall be paid upon issuance of construction permits for the land use which is the subject of the fee. PLAN NO. 185050A-135-0800 PAGE 2 OF 7 PR III. REFUNDS Applicant's actual cost of constructing the Water Facility, currently estimated to total 106,133.00 , as detailed in Exhibits B, C, and D, as supported by invoices submitted to the Town, shall be refundable to the extent permitted by Articles 15-11, 15-12, and 15-13 of the Oro Valley Water Code. It is expressly understood by and between the parties that the formula for computation of refunds from gross annual revenues as set forth in Article 15-11 shall apply to construction of facilities undertaken pursuant to Article 15-12. No costs incurred by Developer to repair, replace or make good on defective or deficient work shall be included in refunds available under this paragraph. The refund shall not exceed the total actual costs of constructing the Water gra p anyFacility. Y No interest or other payment reflecting the time value of money shall be paid part of any refund by Town. Town shall make no refunds from any revenue as received from properties other than those located within the Subject Property. It is expressly understood and agreed between the parties that if the Oro Valley Water Code is amended during the period that Developer is receiving refunds in accordance with this Agreement, Developer may request modifications of this Agreement to take an advantage of such amendments that may be applicable to Developer's installation of Y the Water Facility. IV. ENGINEERING AND INSPECTION 1. When the cost of construction of the Water Facility is greater than $12,500, the Applicant shall employ a registered Civil Engineer to accomplish system design and to lay out and establish control lines and certify the layout according to the approved plans. 2. Any inspector authorized by the Town shall have full inspection authority over the work to be performed under this,Agreement. The Applicant shall furnish the Town Inspector with reasonable facilities for obtaining full information concerning the work. The work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town Inspector. Inspection by the Town makes nog uarantee as to the safety or engineering soundness of plans prepared by the Applicant or any contractor. 3. In the event that, because of contractor scheduling, a Town Inspector is caused to work any overtime, or during any hours other than the normal 40 hours in a work period, or on a Saturday, Sunday, or legal holiday as defined in A.R.S. § 1-301, the Applicant or the contractor shall compensate the Town for any additional salaries, expenses or employee benefits relating to such overtime or holiday work. Such additional inspection costs will be billed to the Applicant. A normal work period shall be defined as 40 hours in a seven (7) day work period, usually worked on an eight (8) hour day, five (5) day basis, commencing on Monday and ending on Friday, continuing in seven (7) day increments. Nothing in this paragraph shall require the Town to provide inspection on weekends and holidays. If the Town declines to provide inspection on weekends and holidays, neither Applicant nor Applicant's contractor shall have a right to damages against the Town as the result of Town's decision not to perform such weekend and holiday inspections. PLAN NO. 185050A-135-0800 PAGE 3 OF 7 PR V. PRECONSTRUCTION AND CONSTRUCTION PROCEDURE 1. The Applicant shall submit a written request to begin construction of the Water Facility to the Town five working days prior to the time work is to commence. 2. This Agreement shall be completed, signed and notarized and returned to the Oro Valley Water Utility prior to issuance of a "Notice to Proceed." 3. No work shall commence until the Town has issued a "Notice to Proceed" which will specify the starting date and a reasonable time for completion. 4. Applicant shall provide Town with an accurate, written schedule of construction, which shall be updated in a manner sufficient to provide Town the ability to schedule Town inspection personnel. 5. Materials used in the construction shall be available for sampling and testing prior to being used in the Water Facility. Materials that fail to meet Town specifications shall be removed from the site. 6. The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for work permitted herein, pay all fees and comply with all laws, ordinances and regulations relating to the work, public health and safety and safety of Applicant's employees or Applicant's contractors employees. 7. No work shall commence until the Applicant or Applicant's contractor has obtained a construction water permit from the Oro Valley Water Utility. 8. The work shall be commenced on the date specified in the "Notice to Proceed". 9. The Applicant, or Applicant's designated agent, shall be present at all times during performance of the work. The name of the designated agent and the contractor performing the work shall be furnished to the Town before commencement of the work. Instructions given the designated agent on the work site shall be deemed to have given to the Applicant. 10. The Applicant shall employ only competent and efficient laborers, mechanics or artisans on the work and the Applicant agrees to perform the work diligently to complete the work on or before the completion date given in the "Notice to Proceed". 11. The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. 12. The Applicant shall, at Applicant's expense, make any and all alterations to the existing water system, either on-site or off-site, necessitated by paving, drainage, or other improvements caused by this development. 13. The Applicant shall require the Contractor or subcontractor to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Arizona. The Applicant or Applicant's contractor shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. PLAN NO. 185050A-135-0800 PAGE 4 OF 7 PR 14. In accordance with the Oro Valley Water Code and policies relating to the operation of domestic water utility companies, a true and complete copy of the Certificate of Approval to Construct the work issued by the Arizona Department of EnvironmentalQ yualit or the Pima County Department of Environmental Quality is attached as Exhibit H. VI. INDEMNITY In addition to anyliabilityimposed by law, which liability is not affected hereby, on p behalf of Applicant and contractor hired by applicant, to perform any work pp any hereunder, shall indemnify, defend, and save harmless the Town of Oro Valley, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any act or omission of Applicant or any such contractor or any subcontractor, or any person employed directly or indirectly by any of them in the performance of any work or operations pursuant to this Agreement. VII. DEDICATION 1. The Applicant shall, and does, hereby grant, bargain, sell, convey, transfer and deliver the Water Facility to the Town, free and clear of all liens, claims, charges or encumbrances, upon final acceptance of the Water Facility by the Town. 2. The Applicant guarantees the Water Facility to be free from all failures due to poor workmanshipor materials for a period of two years from the final acceptance date by the Town. 3. The Applicant shall not construct any utility, building or other improvement which would interfere with the operation or maintenance of the Water Facility. 4. The Applicant further guarantees that all service lines, meters, and meter boxes will be to finishg rade and that he will remain responsible for raising/lowering said services as required until the area described is fully developed. 5. The Town shall accept title to and take possession of the Water Facility upon completion of the Water Facility to the satisfaction of the Town, and upon acceptance and approval of the Water Facility, the Town shall operate and service the Water Facility. THIS AGREEMENT shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties; provided however that Applicant may not assign this agreement without prior written consent of the Town. PLAN NO. 185050A-135-0800 PAGE 5 OF 7 PR IN WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed by its proper officers hereunto duly authorized, and the Town has caused this instrument to be executed by its proper officers thereunto duly authorized, all as of this day and year first above written. "Town" "Applicant" TOWN OF ORO VALLEY Cromwell Group 2, LLC By: _110115e Y Ma or Date Its• �� c Date � b� �^ WITNESS: Town Clerk APPROVED AS TO FORM: Town Attorney C, L Ae/z,4//i5A STATE OF per• County of Pte- SS. AL/ f,' 44/t/Seo The g fore oin instrument was acknowledged before me on JILIq g , 199S, by eAzis 110 sa , who ack owledged tha i s ZZLAIlm of eiez,mia -z.z. t71 a 74)6, zit errefer red to in this Agreement as "Applicant", on behalf of the-corporation. A/�� 6)azt-e-et, My commission expires: Notary Public 9 /5-2ooO t,;.. PAULA HANSEN Comm. #1111353 R NOTARY PUBLIC CALIFO- loit 44 City I County of San Francesco 9 Comm. Exp. Sept 15,2000 PLAN NO. 185050A-135-0800 PAGE 6 OF 7 PR EXHIBITS TO LINE EXTENSION AGREEMENT A Description of the Subject Property B Cost estimate detail for on-site facilities C Cost estimate detail for off-site facilities D Cost estimate detail for facility oversizing E Meter setting fee calculation detail F Hook-up fee calculation detail G Alternative Water Resources Development Fee calculation detail H Certificate of N Approval to Construct the WORK issued by ADEQ or PCDEQ P N O. 185050A-135-0800 PAGE7OF7 PR r • - _ _______ _ . . ___.. . __________ ._ . EXHIBIT A __ __ ____ _ _ _ _ ___________________ - - _ .., . .,,,, - .-- ... . --.. :-.."s• .A;.'.',—. ,,,,,,,,..,:-•••"- -: ..-:-... _•_,.., ' -:' 4,...-.'•-' ' ---,'..''-;-?:'''.:-.77:77:-.'7.4.-''?-''---. 7.;::--Z-...t-------— ——— - -•-•-- ' . • '' - Yf .,,•• •. Ir. ✓'. ff/� L. ..' .- . _- �'~-_-......„..i,:-,...,-;_41::::;:._. `_ — • 4 y.: w Y • -:__-....7-,:::.__:,_:_.- 1 -w _ • • •• . • J 1 ./�1 y•�L q'';-•A'4!'•' �j.+'l:c4,4•.yy N�# '"'') ?.-*1.'11. Nx t 1'r. - .,-..-.....,471 7•,y. ' •- ....',-;,:!;'• 7♦±.7`iiM y1y,,��Yi_.y ;Iir�,,,..;•','a•.-— , •._`.i.�'�'• Y 'r�i ���Y♦�A'' '0• )• I- .. •1. :•ri4 ;e,• i,';,,, ,, {, 7,..•••••;,..-'ti-7,.''.‘....• ••tea•ylN. , _1` ri , 'i. •c•• A ) • • • • • • • •.'..;•: ( • Y '..t• ray% • •�•.'`� - •• .•.. .- • . }. TE:LAND i� . . ... :.;•.,.., ; .,....': _ : : :r; ....,..-:s...",4:7c,ls • ,.. , : ..........-.00.s....... . • • . . •,. . . .. 7.' •,— ,- -:,'''1)•=4'`,...4.4:a '.. I A ' • / � �J.(}� � '▪ ; --:4:,..17,a, jj,..'...:, ,tom• ♦r ,.Z • • 23 f. -3 ' 4 s• ,f� x r•,. •.. •',.,".• .:',4:..;'• ff'hf' — • ';' .' .- k -- • ...• ,,.., • >; •.c. SUN CITY p 3 }• .moo • a •ti + �,�. - tj •• .. 1 pad` g . . • = g 'y' .1 W TOWNLETS ,.�, :F 1 • "Iii I . . . . . . . ., ...• ,.. . , . .. . . . . .. .. _, ., - ... t . ,o, . .': . . . ,.IS/.: :..:-, ... .. ,, : . . . ...:, . . .., :4-, di . . . ., .. . ; TOSO W 1 , , * i i . 000111Pr•\ ..,. . . .., , . - A . • J / , 23 24 ' '� ' ' . _. 26 25 24 1g . W x , 25 30 LOCATION, , • , ... . _ . . . . P..e tz;r4 f,c a,.a 4-4 E.0,0- . LAN . • ,, , ,.. .. ,e.••e-f e,2 745:-,.8..0--.,....-4-;,..----,..1,.•.-------6-:4,,:,-,-,- . ' • . -.7-•••s r'-e.4 ez,e x.,c t ,' ' -4 9i4 0 e,4;e fir/ .• • a. - e, c�.,.- ...zo„(.„A, �o ��.� y . . . . . • • f . , . . , , . . • ,•. . ; I • . . • . - . . .• . :.-.; . • . ' • LEG -- ., . ' , , END . • , ... ' . . . ', , . - , , . . . . , -: •- -5:?,/44-4c-/-y,(4 vie,y • . /i,/e e ed-t• I • - -•..... • f .� 1 ' .• " ) ...j y~'i ♦. �• -i,`Vii^ , . . .., EXHIBIT B ..........._._............______ . ,. .:.. ' ' •.•::• . • .... • ..... •,, 0 . .,•• • ... . I j•. • . . • . , . • • • 1i , t , 4, , - ,. • , ill •.• ... ' •.•'.• l'.'.. ::.:. ..:.:'... ,;..\ BORDERLAND CONSTRUCTION COMPANY. INC. • POST OFFICE BOX 27406 • TUCSON, ARIZONA 85726-7406 400 EAST 38TH STREET • TUCSON. ARIZONA 85713 • (520) 623-0900 • FAX (520) 623-0232 AZ Contractors License Nos. 070868-002A • 045027-007B-04 May 27, 1998 tic(--- l / 0 b / r-i) Mr. Lou Marson Louis Marson & Sons 4430 N. Civic Center Plaza, Suite 102 Scottsdale, Arizona 85251 Reference: Rancho Vistoso Neighborhood 13 Parcel A, Honey Bee Ridge Estates Lots 1-128, Phase II Sitework Cost Estimate Dear Mr. Marson: From approved plans, last revised on March 14, 1997, prepared byThe WLB Group, the followingbid. p, we have prepared go el,/, .7_o k I. Grading, Paving and Drainage 514"‘-1,--- .-AI° f, t-,tz - a.:1"-mak � 1. Miscellaneous Removals 1 LS = 2. Clear and Grubb 1,„ S.I<-..�."P- @ $ 450.00 $ 450.00 .ta. 3. Excavation -1-,4,, ?LI"t- 3 6 AC @ 800.00 = 4,800.00 9650 CY @ 5.00 = 48,250.00 4. Subgrade Preparation 5.4„,-, _ '1 LL 13175 SY 5. 4 ABC @ 0.65 -- 8,563.75 1� < _ 14553 SY @ 2.95 = 42,931.35 6. 2'°AC <� 13175 SY 7. Cut/Backfill Curb Grade V-,1,-,:.-\-. @ 3.55 = 46,771.25 9348 LF @ 1.50 = 14,022.00 8. 18" Ribbon Curb (w/ Kahlua color) 'Ti- F- 8266 LF =9. Vertical Curb (w/Kahlua @ 7.40 61,168.40 color) 1082 LF @ 4.90 = 10. Adjust Manhole to Grade 5,301.80 33 EA @ 185.00 = 6,105.00 11. Adjust Water Valve to Grade 21 EA 12. SurveyMonuments @ 85.00 -- 1,785.00 21 EA @ 40.00 = 840.00 13. 24"CMP 292 LF 14. 30" CMP @ 32.00 = 9,344.00 28 LF @ 46.00 = 1,288.00 15. 36" CMP 17 LF57.00 16. 30"SRP @ = 969.00 232 LF @ 49.00 = 11,368.00 17. 42" SRP 362 LF @ 64.25 = 23,258.50 18. Storm Drain Manhole 5 EA @ 5,250.00 = 26,250.00 50.00 19. Rock Rip Rap Scour Holes 95 SF @ 3.85 365.75 20. Pipe Headwall 1-24" CMP 1 EA @ 1,200.00 = 1,200.00 00 21. Pipe Headwall 3-24" CMP 1 EA @ 1,950.00 = 1950.00 22. Pipe Headwall 1-30" CMP ' 2 EA @ 1,700.00 = 3,400.00 23. Pipe Headwall 1-36" CMP 1 EA @ 2,100.00 = 2,100.00 Subtotal - Grading, Paving and Drainage $ 322481.80 _ouis Marson & Sons Rancho Vistoso Neighborhood 13 Parcel A, Honey Bee Ridge Estates May 27, 1998 Page 2 II. Sanitary Sewer 1. 8" SDR-35 4347 LF @ $ 41.00 = $ 178,227.00 2. 4" SDR-35 HCS 39 EA @ 960.00 = 37,440.00 3. 4" DIP HCS 1 EA @ 1,125.00 = 1,125.00 4. 4' Manhole 29 EA @ 2,000.00 = 58,000.00 5. Tie to Existing 1 EA @ 830.00 = 830.00 6. 2.5% Inspection Fee 1 LS @ 6,890.55 = 6,890.55 Subtotal - Sanitary Sewer $ 282,512.55 III. Water 1. 8" CI 200 2850 LF @ $ 17.60 = $ 50,160.00 2. 6" CL 200 100 LF @ 16.50 = 1,650.00 3. 4" CL 200 1260 LF @ 13.00 = 16,380.00 4. 8" CL 54 DIP 14 LF @ 79.00 = 1,106.00 5. 4" CL 54 DIP 28 LF @ 49.00 = 1,372.00 6. 8"Valve, Box & Cover 6 EA @ 500.00 = 3,000.00 7. 6"Valve, Box & Cover 6 EA @ 400.00 = 2,400.00 8. 4" Valve, Box & Cover 4 EA @ 350.00 = 1,400.00 9. 2" Modified Drain Valve Assembly 5 EA @ 610.00 = 3,050.00 10. Fire Hydrant 4 EA @ 1,450.00 = 5,800.00 11. 1"Air Release Valve 4 EA @ 525.00 = 2,100.00 12. 1" Double Service 11 EA @ 725.00 = 7,975.00 13. 3/4" Single Service 16 EA @ 490.00 = 7,840.00 14. Connect to Existing 2 EA @ 950.00 = 1,900.00 Subtotal -Water $ 106,133.00 IV. Dry Utilities (Best Guess - No Plans) 1. Utility Trench and Backfill 5050 LF @ $ 6.75 = $ 34,087.50 2. Grade Transformer Pads 18 EA @ 65.00 = 1,170.00 3. 4" Sleeving 900 LF @ 3.75 = 3,375.00 Subtotal - Dry Utilities $ 38,632.50 Summary - Phase II Improvements I. Grading, Paving and Drainage $ 322,481.80 II. Sanitary Sewer 282,512.55 III. Water 106,133.00 IV. Dry Utilities (Best Guess - No Plans) 38,632.50 Subtotal $ 749,759.85 Oro Valley Sales Tax 34,114.07 Total . $ 783,873.92 EXHIBIT "C" COST ESTIMATE FOR OFF-SITE FACILITIES NOT APPLICABLE. EXHIBIT "D" COST ESTIMATE FOR FACILITY OVERSIZING NOT APPLICABLE. EXHIBIT "E" CALCULATION OF METER SETTING FEES METER SIZE # OF UNITS PER UNIT COST TOTAL DUE 5/8 x 3/4" 38 $105.00 $3,990.00 Notes The per unit cost includes applicable taxes. EXHIBIT "F" CALCULATION OF HOOK-UP FEES METER SIZE # OF UNITS PER UNIT COST TOTAL DUE 5/8 x 3/4" 38 $550.00 $20,900.00 EXHIBIT "G" CALCULATION OF ALTERNATIVE WATER RESOURCE DEVELOPMENT FEES METER SIZE # OF UNITS PER UNIT COST TOTAL DUE 5/8 x 3/4" 38 $300.00 $11,400.00 ON-MENTAL QUALITY TT EXHIBIT H VISION 130 West Co: :c.na 85701-1317 Telephone: 740-8340 CERTIFICATE OF APPROVAL TO CONSTRUCT Water and/or Wastewater Facilities .intern Name: TOWN OF ORO_VALLEY WATER COMPANY System • No. : 10 1 Project Owner: TQ _OF ORO VALLEY -WATER.... ER OoNiPANY Address: 2285 E, RANCHO VISTO O B ]� BLVD. r ORO VALLEY r AZ Project Location: T-11 S, R-13-E SECTIONS 13 & 24 ' ma _T-11-S R-l4-E SECTToNS 18 & 19 Description: �,. 6" & 4" WATER LINES To SERVE HONEY BEE RI DGE Approval to construct the above described facilities�. zes as represented in the approved plan on file with the Pima County a De rtment of Environmental is hereby given subject tofollowing - p � rcanmenta�, Quality . the provisions: A PROFESSIONAL ENGINEER, REGISTERED IM TIE STATE OF PERSON UNDER THE DIRECT SUPERVISION ARIZONA, OFA, A THEREOF, SHALL COMPLETE A FINAL INSPECTION AND SUBMIT A CERTIFICATE OF COMPLETION TO THE C R: D E PA.RTMENT« THE PIMA COUNTY DEPARTMENT OF ENVIRONMENTALU IT � A,L X (740-3340) MUST BE. NOTIFIED AT LEAST 48 HOURS IN ADVANCE TO SCHEDULE INSPECTION, PRESSURE TESTING AND MICROBIOLOGICAL TESTING. AFTER COMPLETION OF CONSTRUCTION, AND ACCEPTANCE BY ACCURATE HAS BUILT" PLANS PIMA COUNTY,SHALL BE PREPARED AND SUBMITTED TO PIMA COUNTY DEPARTMENT OP ENVIRONMENTAL QUALITY FOR OUR RECO PLANS MUST BE CLEAR B�,IIE RECORDS. THOSE LINE PRINTS SUITABLE FOR MICROFILMING AND SHALL CLEARLY AND ADEQUATELY REPRESENT THE FACILITIES CONSTRUCTED. THE PRINTS AS THEY ARE WILL BE PLACED ON FILE WITH PIMA COUNTY DEPARTMENT OP ENVIRONMENTAL QUALITY BEFORE AN "APPROVAL OF CONSTRUCTION,' OR FINAL RELEASE OF THE PACILITY Ui I.LL BE ISSUED. 'he State law, A.R.S. 49-353, re it e� that construction n accordance with � c�f the project must be the rules and regulations of the Arizona Depart nvironmental Quality. ent of f construction has not started within one year of the date of this issue, this ertificate will be void and a written extens ' io� of �e shall be required. ate Approved: August 12, 1996 Bymeal Alta David '� Es i*= o, Director Dep tm- t 70(,227ttental Quality By ' /-7 - > Debbie S✓/S'hinst.ine, P.E. P-Pile No. PO22496 Civil . F�-ADE En'g, rieer , SRO ACC P-Wat e r Con any .. ♦-••/.L/ •.. • ,. •.Imo. ,-`f"MI+•:r-i M••*'1`�•4 • ��y �.. P- P DEQ -« /OO1W'/JAN95 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 19, 1998 TO: HONORABLE MAYOR AND COUNCIL FROM: Werner S. Wolff, Chief of Police SUBJECT: Auction Contract, Resolution (R)98-56 SUMMARY: For a number of years the Town has used Gary's Towing service of Tucson to dispose of retired vehicles,equipment and miscellaneous office equipment. Effective June 1, 1998, Gary's Towing would not accept any items except motorized vehicles. In our search for an alternative source in the Tucson area,we discovered Manheim's Greater Auto Auction of Tucson (MGAAT). This auction service has recently signed a contract with the City of Tucson. This appears to be the only viable outlet to easily dispose of all of our older or out dated vehicles and equipment. The attached contract has been reviewed and approved by the Town Attorney, Tobin Sidles. This contract would be available for use by all Town Departments. FISCAL IMPACT: Budget FY 98/99: NONE COMMENDATION: I recommend Mayor and Council approve the contract with Manheim's Greater Auto Auction of Tucson. SUGGESTED MOTION: I move that Mayor and Council approve Resolution No. (R)98-56 allowing the Town of Oro Valley to enter into a contract with Manheim's Greater Auto Auction of Tucson to dispose of old or retired vehicles and other equipment as needed. CHMENT : 1. Original copy of the contract between the Town of Oro Valley and Manheim's Greater Auto Auction of Tucson. 2. Resolution No. (R)98-56 1 C- (`r Werner S.Wolff C '- •f 'olice Charles F. Sweet Town Manager RESOLUTION NO. (R)98-56 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ACCEPTING AN AGREEMENT FOR AUCTION SERVICES FROM MANHEIM'S GREATER AUTO AUCTION OF TUCSON TO DISPOSE OF RETIRED VEHICLES, EQUIPMENT AND MISCELLANEOUS OFFICE EQUIPMENT. WHEREAS,it is the desire of the Town of Oro Valley to enter into said Agreement with Manheim's Greater Auto Auction of Tucson to dispose of the Town's older and out dated vehicles and equipment; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA: 1. That the Mayor of the Town of Oro Valley, Chief of Police, Werner S. Wolff, and other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of said agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 19th day of August , 1998. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney MARKETING The marketing professionals at the auction will conduct a carefully timed program designed to maximize attendance at each Sale held for Oro galley. MGAAT clearly understands that all Oro Valley auctions are public events and will gear its promotional activities to that market. We will also invite our long-standing client-base to participate in these events. MGAAT will utilize its extensive data base of potential buyers to develop a targeted mail and telemarketing campaign for Oro Valley. This data will be accessed using carefully search strategy to ensure that our efforts are directed at buyers who represent the best opportunity for successful sales. Searches can be made on characteristics such as a group, zip code, buying habits, credit history, publications read, automobile ownership, occupation, etc. The foregoing information will be used to select publications in which to advertise the Oro Valley Auctions. It is anticipated that, in addition to specialized publication, the Auction will also advertise in selected general interest publications such as newspapers and shopping guides. In addition, MGAAT will advertise sales in its market reports mailed to many potential buyers each week. The foregoing print campaigns will be supplemented by MGAAT'S proven telemarketing program. At present, MGAAT makes over 1000 telemarketing inquiries per auction week. MGAAT will also advertise the availability of an auction information phone line where potential buyers will be provided with details of all upcoming Oro Valley Auctions. OFFEROR'S EXPERIENCE 1. Contract Title: General Services Administration 2. Contract Period: From June 1997 To March 1999 3. Geographic Area Served: Arizona 4. Scope of Work: a) Pick up New Vehicles from the New Car Dealerships and prepare the Vehicle for delivery to the Government Agency that the vehicle is aligned to. b) Once all paper work and Government Plates are on Vehicles we deliver vehicles and pick up a unit that is being retired from the fleet and bring it back to the Auction property. c) Cance we have vehicles on our property, we work close with our GSA reps to get the vehicles repaired and detailed so they will to ready for the next schedule GSA sale and bring the maximum dollar amount. d) Advertising is started as soon as a sale Date is set. We advertise in the local papers and in papers that go to Mexico. We also use our full time telemaketing department to field questions from the public and keep our Car Dealers informed about the sale. e) To date, we held 3 GSAsales in 1997 and have held 1 sale so far in 1998. GROSS SALES 1997 $1,655,700.00 GROSS SALES 1998 $ 493,000.00 All money is wired to GSA home office in San Fransisco the day after the sale along with complete detailed reports of sale and any charges against each unit. If you have any questions or would like to hear direct from the rep, please call Tom at the number below and he would be happy to visit with you. 5. Reference: Company: Government Services Administration IndividuaUTitles: Thomas Placencio - GSA Rep City: Tucson * State: AZ Telephone: (520)670-6401 OFFEROR'S EXPERIENCE 1. Contract Title: Auctioneering Services #981222-02 2. Contract Period: From 3-16-98 To 3-15-99 3. Geographic Area Served: City of Tucson AZ 4. Scope of Work: We held our first sale for the City of Tucson on April 25th. In this sale we sold Vehicles, Tractors, Golf Carts, Lawn Mowers, and Misc and Surplus Merchandise. We transported all items to be sold over to our location and then set the sale up in a way to maximize the dollar amount received for each item. We set up all misc. items for sale in our Auction Building. This would ensure that regardless of the weather the sale would go on. We would have eaters or AC available for the comfort of our customers. To advertise the sale, we ran ads in the paper, notified all dealers, sent a rep to Mexico to post notices, and sent out 2000 mailers off our public notification list. These efforts brought us 826 buyers for that sale. The City of Tucson was very pleased with the money they received, and the amount of time that was saved by having the sale held off their grounds by an outside agency. Kris Schaus, Department of Procurement said that we received more money then they do for their surplus items. David Burns of Fleet Services was very happy with the prices on vehicles, and either one can be contacted at the number below to discuss their experience with using our Auction. GROSS SALES: $429,403.00 5. Reference: Company: City Of Tucson IndividuaUTitles: Kris Schaus, Procurement Department David Burns, Fleet Services City: Tucson State: AZ Telephone: (520)791-4400 Ext. 107 OFFEROR'S EXPERIENCE 1. Contract Title: Arizona Bank Repo Sale 2. Contract Period: From 8-17-94 To Current 3. Geographic Area Served: All Repo's for Arizona Bank 4. Scope of Work: Management and Sale of repossessed vehicles for Arizona Bank. We pick up vehicles and bring them to our Auction grounds. Have any and all necessary repairs done to vehicles to maximize the dollar amount received on each vehicle. Advertise sale and provide a viewing for vehicles. Sell Vehicles, complete all paper work and Title work. Collect money. 5. Reference: Company: Arizona Bank IndividuaUTitles: Danny Smith Auction Coordinator City: Tucson State: AZ Telephone: (520)620-3342 OFFEROR'S EXPERIENCE 1. Contract Title: RFP No. A7'-0067-002 2. Contract Period: From 3-10-97 To 3-9-98 Contract extended one year to 3-9-99 3. Geographic Area Served: Proal, Pima, Santa Cruz, Cochise, and Graham counties. 4. Scope of Work: Management and Sale of Abandoned, Seized or Forfeited Vehicles. To date we have'only been able to handle one Vehicle. We are storing it until it can be sold. We would love to have more, and certainly are able to do an excellent job, but will have to be patient. 5. Reference: Company: Arizona Department of Administration State Procurement Office IndividuaUTitles: 'Diane E. Harnisch, CPPB Senior Procurement Specialist City: Phoenix State: AZ Telephone: (602)542-9131 Jerry Fisher - General Manager, Jerry has 39 years experience in the Automobile industry as a buyer, seller, and an Auction Manager. Sandra Decker - Public Sale Coordinator, Sandra has 18 years experience in the Automotive industry. Experience in bookkeeping, Titles, and Management. Currently Sandra does all required paper work for our GSA Sales and Public Arizona Bank repo sale. Dorothy Reynolds - Dorothy has 14 years experience in Sales and Marketing. Dorothy takes care of all the marketing for our Public sales, and for Our Dealer Only Sale which are held every Tuesday. Manheim's Greater Auto Auction of Tucson has over 40 full time employee's, and an additional 40 part time employee's. We all work together to ensure that every sale runs smooth, and that both the buyer and seller is given the best possible service. Every Tuesday we hold a Dealer Only Sale with 500 to 600 vehicles. We have in excess of 350 Dealer attend each sale. You can see we are not strangers to this business, and can offer you a beautiful facility, Storage for up to 400+ Units, plus an entire staff that is trained just to auction off your Vehicles and Surplus property. G. K. Fisher General Manager EXPERIENCE: Manheim's Greater Auto Auction of Tucson 1995 into Present General Manager 1994 into 1995 Greater Auto Auction of Tucson Marketing and Auction Manager 1987 into 1994 Order Buyer, Classic, Exotic, Import, Domestic Automobiles and Trucks for 38 Dealers and 4 Auto Auctions based out of Phoenix, Arizona. 1986 to 1987 Consultant to initiate and establish a new auto auction for Big Sky Auto Auction Billings, Montana. 1984 to 1986, Apr '87 Crighton Motors, Inc. General Manager for Chrysler, Dodge, Plymouth, Imports in Williston, North Dakota Peterson Motors Sales Manager for Cadillac, Pontiac, Isuzu, Honda in Missoula, Montana 19.82 to 1984 Sales managed 7.1/2 State area for a Van up-fitter based in Denver, Colordo & traveled out of there. 0 1981 to 1982 Colorado Auto Auction General Manager Denver, Colorado 1976 to 1979 Mercedes-Benz, Volvo, Jaguar, Isuzu MG Dealership Owner Operator Minot, North Dakota 1958 to 1976 Vice President and General Manager for Family Dealership. Buick, Pontiac,Cadillac Volvo, Jeep, Honda in Minot, North Dakota. Sandra M. Decker Arizona Bank Public Sale Coordinator Salvage Department Manager EXPERIENCE: Manheim's Greater Auto Auction of Tucson 1994-Present Title Clerk, Office Supervisor Fleet Lease Asst., Salvage Mgr. 1989 to 1994 Housewife 1987 to 1989 National Car Sales Title Clerk, Asst. to F & I Mgr. 1985 to 1987 Budget Car Sales Title Clerk, Bookkeeper. 1980 to 1985 K-Mart Automotive Service Center Bookkeeper, Floor Manager EDUCATION: Graduated: Lake Orion High School, Mich. Major: Business Management Dorothy Reynolds Marketing Director EXPERIENCE: Manheim's Greater Auto Auction of Tucson 1994 to Present Marketing Director, Sales 1992 to 1993 Az State Hospital Computer Programming 1982 to 1991 McK Greenhouses Co. Sales Manager 1978 to 1981 A. J. Bayless Sales & Office EDUCATION: Mesa .Community College Major: Nursing Graduated: Mountain View High School Mesa, Arizona PRICE PROPOSAL Sale of Vehicles -Percentage of Gross Sales Revenue actually collected per Auction, exclusive of collected sales Tax and reneges, to be paid to the Contractor by Oro Valley: 5%of Sale price Sale of Miscellaneous Property & Surplus-Percentage of Gross Sales Revenue actually collected per Auction, exclusive of collected sales Tax and reneges, to be paid to the Contractor by Oro Valley: 20%of Sale price Transportation Driveable Vehicles- $25.00 Charge Non-Driveable Vehicles- $40.00 Charge Personal Property and Bicycles- $50.00 per load(Flatbed) Storage Fee- Vehicles - $2.00 per day Misc. Property-$2.00 per lot,per day Storage will not be charged on Vehicles or Misc. Property 15 working days prior to sale. We would like to have Vehicles and Property on our grounds at least 5 working days prior to sale. Recon Fees-Optional Full Detail $75.00 Partial Detail $40.00 Wash and Vac $15.00 Remove Vehicle Decals $75.00 Buyer Fee Vehicles-A$50.00 Documentation fee will be charged to the buyer of each unit. All fees will be collected by MGAAT. Misc. Property-A 10%Documentation fee will be charged to the buyer of each unit. All fees will be collected by MGAAT. All charges will be charged to the specific Vehicle and deducted from your Check. A detailed list will accompany your check to clarify any questions you may have. As always, you should feel free to call either Sandy Decker or myself with any questions. The Fees in this Price Proposal will be in effect from June 25, 1998 to June 25, 1999. Signature of Person Authorized to Sign PUBLIC BUYER REGISTRATION FORM FULL NAME: ADDRESS: CITY: STATE: ZIP HOME PHONE WORK PHONE S.S.# DL# STATE ********************************************************************** TERMS AND CONDITIONS At the time the Auctioneer awards sale of item to bidder, a legally binding contract is established between Oro Valley and the bidder. Oro Valley will pursue legal remedies allowed by law against any bidder who fails to make required payment(s). ANY BIDDER WHO,ACCIDENTALLY OR INTENTIONALLY, FAILS TO MAKE PAYMENT WILL AUTOMATICALLY BE REMOVED FROM THE AUCTION MAILING LIST AND NOT ALLOWED TO BID AT FUTURE AUCTIONS. All sales are final, no refunds or adjustments will be made. PAYMENT VEHICLES: A minimum 10%non-refundable CASH down payment is required on the day of sale. No personal or company checks, no time payment and no credit cards will be accepted. Balance due no later than 4:00 PM Two working Days following the sale, in the form of cash, cashier's check or money order. No personal or company checks. Failure to make down payment or pay balance in full will result in forfeiture of all Money paid and Oro Valley will pursue legal remedies allowed by law. MISCELLANEOUS PROPERTY AND BICYCLES: Full payment is required on the day of sale. Cash only,no checks or credit cards. All purchases must be paid for and removed by the end of the sale. Failure to pay for purchases will result in legal remedies by Oro Valley. Removal of all property, including vehicles, will be at the sole expense, liability, and risk of the purchaser. Oro Valley is not responsible for any omissions or errors in description of items offered for sale. The bidder shall inspect and satisfy himself as to the details and condition of material offered. All items are sold AS IS WHERE IS. There are no guarantees, expressed or implied. There are no warranties expressed or implied as to condition, usability, merchantability or fitness for a particular purpose. The purchaser should inspect and, if necessary,test/repair all items prior to any use. Bidder agrees for and on behalf of bidder,bidder's heirs, successors and assigns that bidder shall indemnify and hold Oro Valley and Manheim's Greater Auto Auction harmless from and against any claim, demand, or cause of action arising or alleged to have arisen out of the sale or failure to sell and item of property including claims for personal or bodily injury, death or contact damages. Each bidder must complete a short registration form and receive a bidder number before entering the sale lanes. No bid will be accepted without a bidder number. ********************************************************************************* I HAVE READ,UNDERSTAND, AND WILL COMPLY WITH AUCTION POLICY: NAME: DATE: G TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 19, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Valerie Feuer, Senior Planner SUBJECT: APPOINTMENT OF TOWN COUNCIL MEMBER AS LIAISON TO DESIGN GUIDELINES TECHNICAL ADVISORY COMMITTEE BACKGROUND: The preparation of design guidelines for site planning, architecture, landscaping and signage is a 1997-98 action item from the 1996 General Plan as well as a part of the approved Planning and Zoning Department Work Plan. The guidelines will help ensure consistency with the General Plan and allow developers to know the Town's design expectations. The Town Council approved the scope of work, consultant selection and technical advisory committee for design guidelines on May 20, 1998. A liaison from the Town Council was included on the list of proposed members but was not appointed at that time. Two meetings of the Technical Advisory Committee have been held, and a public workshop is scheduled for September 15, 1998. RECOMMENDATION: Staff asks that the Council designate a liaison to the Design Guidelines Technical Advisory Committee. SUGGESTED MOTION: The Council may wish to consider the following motion: I move to designate DICK JOHNSON to serve as the Council's representative to the Design Guidelines Technical Advisory Committee. fra, , LILL, Pl. Olti, d Zo 'str.tor ,, , ._ •' De = opment I ir:1 i) I / ,, k own Manag- F:\PROJECTS\DESGUIDE\LIAISON.TCC TOWN OF ORO VALLEY H_ COUNCIL COMMUNICATION MEETING DATE: August 19, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: Shirley Seng,Utility Administrator SUBJECT: Award of Contract No. W06-0698 to P&H Contracting to Construct a New 300,000 Gallon Potable Water Reservoir at Water Plant#10 SUMMARY: Per the direction of Mayor and Council through the Town of Oro Valley Water Utility Commercial Readiness Program, plansp and specifications were provided for the receipt of public bids for the construction of a water g reservoir to be located at water plant #10. This project will consist of a new 300,000 gallon potable water reservior to serve the existing "E" Zone of the Oro Valley Water Utility System. The reservoir will be located adjacent to an existingreservoir servingthe "E" Zone system and will provide additional storage capacity and appropriate redundancy to much of the service area within Rancho Vistoso. FISCAL IMPACT: The lowest bid received was from P&H Contracting in the amount of $202,715.00. These funds have been Included in the fiscal year 1998/99 budget. RECOMMENDATIONS: Staff respectfully recommends the following: 1. Award of Contract No. W06-0698 to P&H Contracting, the lowest responsible bidder in the amount of $202,715.00. 2. That Council direct the Town Engineer to prepare a Notice of Award to P&H Contracting and transmit said Notice along with the Contract Agreement and related bond forms for execution. 3. That Council direct the Town Engineer to issue the Notice to Proceed in accordance with the requirements of the Contract Agreement upon the receipt of the Contract Agreement. 4. That Council authorize the Town Engineer to execute Contract Change Orders and/or Supplemental Agreements incidental to the prosecution of Work. 5. That Council direct the Town Clerk to hold the bid bonds from all bidders until such time that a Contract Agreement has been executed. SUGGESTED MOTION: I move to approve the award of Contract No. W06-0698 to P&H Contracting in the amount of$202,715.00. Or I move to deny the award of Contract No. W06-0698 to P&H Contracting in the amount of$202,715.00. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 ATTACHMENTS: Bid Opening Tabulation for Project No. W06-0698 Utility Administr for • y t' ector 1 '1 4 Town Manager N V G Q ,E5 w ,-; c, ...,_ l ) v) w � o � O W V 0 O In f 7- (-\\ v) � �., t = Ee4 N k j .21, cg as 33 ,. w E-, z w AA w Coogo zwA <, r:24 1 ;LI 00 p... s_..... ),.. -et © O g,, A v ›..... moa � - • z 0: zNa -t o „., © E--, O W :-_-‘ 59 u z zE-* � *, w = A zo w w w � E.'7', © A �o O C4 c A U 4 Aar'' z --,5"2 ›- >, .__. _ c\) -,twr- A T--- z z © w 4t A E. .6 .6 z ct . -et c Q Q .4 ---- ..... ao W 'el° 1,4tt 4- c ti E� , - zc4 4) ' Ai o c(....3 N.- ,....) > • (..2, 4, Q. ...› ..) o.) < -.4 -: ;3 C.) ci, C) .2 ,3 Ai ,,, 2 C --7- ii 6 C-':-- , O -4 N M 4 00 O .-: N M .4 kri p• 43 zr-+ r--+ r--4 r-. r--. •--+ E E c,:s I 1 1 1 l 1 1 1 1 1 1 1 1 1 1 1 1 U z TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 19, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: Shirley Seng, Utility Administrator SUBJECT: Award of Contract No. W07-0798 to P&H Contracting to Southern Arizona Paving & Construction to Construct 12"Potable Water Main Extensions. SUMMARY: Per the directionMayor of and Council through the Town of Oro Valley Water Utility Commercial Readiness g and specifications wereprovided for the receipt of public bids for the construction of 12" Program, plans p potable water main extensions in the "C" Zone of the Oro Valley Water Utility distribution system. This project consists of approximately4,850 lineal feet of 12" water main to be installed within the Lambert Lane Right-of- Way. These water main extensions will strengthen the "C" Zone of the existing water system providing additional flow capacity and fire flow. The "C" Zone of the existing system includes much of the Oracle Road p y commercial corridor near the CDO Wash. Many of the Town's highest producing wells pump into the "C" system. These extensions will also provide additional suction pressure to facilities pumping to higher Zone elevations within the Town. FISCAL IMPACT: The lowest bid received was from Southern Arizona Paving & Construction in the amount of $126,970.00. These funds have been included in the fiscal year 1998/99 budget. RECOMMENDATIONS: Staff respectfully recommends the following: 1. Award of Contract No. W07-0798 to Southern Arizona Paving & Construction, the lowest responsible bidder in the amount of$126,970.00. g 2. That Council direct the Town Engineer to prepare a Notice of Award to Southern Arizona Paving & Construction and transmit said Notice along with the Contract Agreement and related bond forms for execution. 3. That Council direct the Town Engineer to issue the Notice to Proceed in accordance with the requirements of the Contract Agreement upon the receipt of the Contract Agreement. 4. That Council authorize the Town Engineer to execute Contract Change Orders and/or Supplemental Agreements incidental to the prosecution of Work. 5. That Council direct the Town Clerk to hold the bid bonds from all bidders until such time that a Contract Agreement has been executed. SUGGESTED MOTION: I move to approve the award of Contract No. W07-0798 to Southern Arizona Paving & Construction in the amount of$126,970.00. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 Or I move to deny the award of Contract No. W07-0798 to Southern Arizona Paving & Construction in the amount of$126,970.00. ATTACHMENTS: Bid Opening Tabulation for Project No. W07-0798 p 46 ' ' Utility Adminis • ator lot--- • r1 ector Town Manag- c- o- 0- c a 0 8 Q 0 .o V a c) w _ A o K) cc, E7., 8 \f' qi oe — — oe -o— u 0a -30- 3---cf) E. ,o c(1 c Q , ki, gz — 1.. _ 00 .Q (.0 ÷ 0 ;71 A9f N 4 eci. * * .i` '4 © © N N Z Z A A Ooo0 4 r:: f—^ v1 00 pa — >___ ,t © 4 & = 0-1 4 h... \o- c4 •-4 *-4 C-) 1 7- 'X'" )—'>•--- z CA X A P* • C.4 >,+ © C.) 4 7t '1'2: , , z w w 00 w on � E"' E.4pi a w4 O OHA a �-- P. z A `�, ►••� ►.� '›., J cii4 -tt >4— ,..— N A z > 1' )C " r' i.--. = w A E-0A .. .. O 4 P• � Q Q J -- N rn ,. „ V r. _., ,, ci .E -1 -2 11) _ "1 w ti5 4 9,, -t 4o P- -'2' _ 1gi* L) w a) -i '-‘ , %j0 C. c--) -1- A_ S AI.*.., -tk:r 1 C Q2, '3 ? ,-, W '-• , 1 q 1 • \-t - .- -, $ , , (3 \ ,:i O ' ,c3 «3 c:r F_,. ---H__ rj ej 4— ''',. 1 .8 ,E) `t:z Ccf z TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 19, 1998 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: Approval of Town Council Policy #7 - Food for Public Meetings SUMMARY: At the July 20th Study Session, the Council discussed Town Council Policy #7, Food for Public Meetings. As per direction of the Town Council the per diem rates for state employees was researched with a range of$5.00 for breakfast; $9.00 for lunch and $22.00 for dinner. As discussed at the Study Session, the policy refers to State of Arizona per capital limits for each meal, and will change as State of Arizona rates change. The attached is a revised policy for council review and possible action. ATTACHMENTS: 1. Town Council Policy #7 - Food for Public Meetings FISCAL IMPACT: $1,250 - $1,600 per year RECOMMENDATION I recommend that the Town Council consider the adoption of Town Council Policy #7 - Food for Public Meetings. MOTION: I hereby move to adopt Town Council Policy #7 - Food for Public Meetings, which outlines the purpose, need, procedure and responsibility regarding food for official Town meetings. or I hereby move to deny Town Council Policy #7 - Food for Public Meetings / ,frited„-----'i Town Manager Policy No. 7 TOWN COUNCIL POLICY Date Of Adoption Date of Revision TITLE: FOOD POLICY FOR TOWN MEETINGS Page 1 of 2 Purpose and Need for Policy The purpose of this policy is to determine when Town Officials are authorized to order food at town expense for town meetings that qualify for posting in accordance with the Open Meeting Law. II. Policy It is the policy of the Town Council of Oro Valley that food for town officials at public meetings will only be authorized for official town meetings that are held at Town Hall by the Town Council or members of advisory boards/commissions/committees/task forces of the Town Council as follows: Meetings between 7:00 am and 9:00 am Meetings between 11:00 am and 1:00 pm Meetings between 5:00 pm and 7:00 pm The amount per person for each meal authorized above shall follow the per diem limits established by the Arizona State Government. Exception to the above policy shall be those meetings that continue throughout the business day as determined by those responsible for accomplishing this policy as outlined in section IV below. III. Procedure to Accomplish Policy The procedure to accomplish this policy will involve the public official responsible for accomplishing this policy to work with the appropriate support staff member to determine which meetings meet the criteria of this policy. Town Council Policy No. 7 Page 2 IV. Responsibility to Accomplish Policy For Town Council meetings, it is the responsibility of the Agenda Committee to accomplish this policy. For Town Advisory Board/Commissions/Committees/Task Forces, it is the responsibility of the Chair person for that particular group to accomplish this policy. APPROVED BY THE TOWN COUNCIL: Mayor DATE: 2 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: 8/19/98 TO: HONORABLE MAYOR AND COUNCIL FROM: Tobin Sidles, Town Attorney SUBJECT: Ordinance (0) 98-34 , Request by Fraternal Order of the Police (F.O.P.) Lodge#53 for increased representation through formalized procedures under Initiative Number OVI-98-001. SUMMARY: As the Council is aware,the Fraternal Order of Police has filed an initiative to place their request for increased representation through formalized procedures on the ballot.There have been discussions between the parties, which includes several legal concerns by the Town's hired attorney as to some of the requests.Further discussions are ongoing.However,as of September 3"the publicity pamphlets with arguments pro and con are due and the matter will be placed on the ballot for the next election.The Council is to consider their legal options in an executive session. ATTACHMENTS: 1)Ordinance No.(0)98- 34 FISCAL IMPACT: Unknown RECOMMENDATIONS: None SUGGESTED MOTION: I move that we accept Ordinance (0) 98- 34 in its entirety and remove the initiative from the ballot of the next regularly scheduled election. Or I move that we deny Ordinance(0)98- 34 ,thereby placing this item on the ballot for the next regularly scheduled election. Or I move that we adopt Ordinance (0) 98-14 with the following additions or deletions: Or I move that we continue this matter to 01 Signature of Department Head 4 Town Manager's Review An Initiative proposing to adopt the following Ordinance to be added to the Code of the Town of Oro Valley when approved by a majority j ori of the qualified electors voting thereon, or, upon approval by the Town Council of the Town of Oro Valley: ORDINANCE NO. 98-34 AN ORDINANCE DECLARING THE INTENTION OF THE TOWN OF ORO VALLEY TO PROMOTE HARMONIOUS EMPLOYER-EMPLOYEE RELATIONS THROUGH IMPLEMENTATION OF FORMALIZED PROCEDURES;CEDURESESTABLISHING A FORMALIZED FRAMEWORK FOR EMPLOYER-EMPLOYEE RELATIONS AND RECOGNITION OF THE ORO VALLEY FRATERNAL ORDER OF POLICE; PROVIDING FOR NEGOTIATION PROCEDURES AND ARBITRATION; PROHIBITING CERTAIN EMPLOYEE-EMPLOYER PRACTICES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND, PROVIDING FOR SEVERABILITY; BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA as follows: Findings Purpose.1. ngs indiand Pup ose. The ORO VALLEY Town Council hereby finds and declares that: A. The people of ORO VALLEY have a fundamental interest in the development of harmoniouscooperative and coo eratirelationships between the Town government and its employees; P decision-making is the modern wayof administering government. When public B. Joint d g employees are granted the right to share in the decision-making process affecting wages and working theybecome more responsive and better able to exchange ideas and information on conditions, P operations with their administrators. Accordingly, government is made more effective. C. Recognition publicemployers by of the right of public employees to organize, and full acceptance of the principleprocedure and of full communication between public employers and publicemployee em to ee organizations can alleviate various forms of strife and unrest; D. The Town, employees its em to and the Employee Organization have a basic obligation to P theP ublic to assure the orderly and continuous operations and functions of government; E. There neither is, nor can be, an analogy of status between public employees and private employees. in fact or law, because of inherent differences in the employment relationship the unique fact that thepublic employer was established by and is operated for the arising out of q P all the people and its authorityand purpose derives not from contract nor the profit motive benefit of p p inherent in therinci le of free private enterprise, but from the Constitution; state statutes; P P ordinances;resolutions;esolutions; the Code of the Town of Oro Valley; and, civil service rules and regulations. Ord. # 98-34 Paget of this Ordinance to obligate the Town, and public employees and their It is the purposeg representatives, operating into the framework of the law, to enter nto negotiations with willingness to reach agreement on matters relating to wages, hours and working affirmative gn gz' . . It is also the purpose of this ordinance to promote the improvement of employer- employeecondltions p rp relations byprovidinga uniform basis for recognizing the right of public employees to refrain from joining, an employee organization and be represented in their employer- employee�oin, or . and dealings with the Town in accordance with the provisions of this Ordinance. relationsg recognize the Oro Valley Fraternal Order of Police this ordinance to initially It is also the purpose of Lodge #53 as the initial sole authorized employee representative for all sworn police officers, exclusive of those in the rank of above Lieutenant, and others specified in this Ordinance who are employed by the Town of Oro Valley, Arizona for the purpose of negotiating with the Town of Oro purpose It is also the of this Ordinance that the results of agreements between the employer and the employees will be drafted into written memoranda of understanding, and that if an agreement between the employer and the employees cannot be reached, the unresolved issue(s) will be submitted to compulsory, final and binding arbitration. SECTION 2. Definitions. As used in this ordinance: A. "Arbitration Award" means an award prepared by an arbitrator appointed to hear a matter when an impasse exists. B. "Authorized Representative" means the employee organization which has been formally recognizedy publicemployer b therepresenting the public employees described in as ection, and which is authorized to participate in the bargaining process for the Paragraph K of this S purpose of bargaining on wages, hours and working conditions. "Collective Bargaining"means theperformance of the mutual obligation of the public C. Collects employer through its chief administrative officer or his designee and the designees of the authorized including representative to meet at reasonable times, meetings in advance of the budget making process; and to negotiate in good faith with respect to wages, benefits, hours and other terms and ' employment or anyquestion arising thereunder, and the execution of a written conditions of understanding embodying all agreements reached, but such obligation does not memorandum of under g y g � compel either party to agreeto a proposal or the making of a concession. The bargaining process p p shall be completed in all instances on all economic items prior to the date set by law for tentative adoption budget. of the annual The dutyto bargain includes the duty to submit any agreement on these matters to thepublic employer for action pursuant to this ordinance. reachedP p D. "Confidential Employee" means one whose responsibilities or knowledge in connection with the employee-management to ement issues involved in negotiating pursuant to this ordinance g would make his or her membershipin the organization incompatible with his or her official duties. Such Individual(s) include staff employees reporting to and accountable to those in management responsibleemployee-management for the conduct of em to ee-management discussions; especially those relating to wages, hours or working organization-represented of or anization resented employees, and any employee who assists Ord. # 98-34 Page 3 and acts in a confidentialcapacity to a person ca aci who formulates, determines or effectuates employee- management policies. E. "Employee to ee Org anization"means the Oro Valley Fraternal Order of Police Lodge#53 entitywhich maybe designated in accordance with the provisions of this or any subsequent � Ordinance. G F. "Good faith" shall mean, but is not be limited to, the willingness of both parties to meet at reasonable times and places, as mutually agreed upon, in order to negotiate on proper t of reachin a common accord. It shall include an obligation for both parties subjects with the inters g activelyin the discussions with an open mind and a sincere desire, as well as making to participate p _ . a sincere effort, to resolve differences and come to ah agreement. In determining whether a party bargainingood faith, the total conduct of the parties during discussions as well as the has failed to specific incidents of alleged bad faith should be considered. Incidents indicative of bad faith shall include, but not be limited to, the following occurrences: (1) Failure to meet at reasonable times and places with representatives of the other party for the purpose of negotiating. (2) Placingunreasonable restrictions on the other party as a prerequisite to meeting. (3) Failing or refusing to discuss negotiable issues. (4) Refusing,upon reasonable written request, to provide public information or information pertinent to the subjects of negotiations. (5) Refusingnegotiate to because of an unwanted person on the opposing negotiating team. G. "Impasse"means the failure of a designated representative of the public employer and the authorized representative to achieve agreement on any or all items which are the subject of bargaining. H. "Managerial Employee"means employee involved in formulating, determining, Managany or effectuating Town or agencypolicies on behalf of the public employer, or any employee having a employer-employee major role in relations on behalf of the public employer. of Understanding" means a written memorandum of understanding I. "Memorandumg arrived at by the representative of the public employer and the authorized representative,which shall be presented to the Oro ValleyTown Council and to the membership of the authorized employee organization for appropriate action. Ord. # 98-34 Page 4 J. "ProfessionalEmployee" an Em to ee" includes employee who is registered as a qualified Y of or otherpublic body established for such purposes under the professional by a boardregistration laws of Arizona or any psychologist or polygraph operator. Certification on of a sworn police officer Officer's Standards and Training the Arizona Peace O ffi Board as a police officer shall not be deemed to m police such officer a"Professional Employee" under the terms hereof. K. "Public Employee" means for the purpose of this ordinance sworn Police Officers � employed by the TOWN OF ORO VALLEY but excepting Managerial, Confidential and Supervisory employees. "Public Employer"L. Em to er" means the TOWN OF ORO VALLEY, a municipal corporation, and its duly authorized officers and agents acting on behalf of the TOWN OF ORO VALLEY. "Representative of thepublic employer" means the Town Manager or his designated M. Repres representativesmanagerialsupervisory ery and and su iso employees acting on behalf of the public employer in the bargaining process. N. "Strike" means the failure b Y concerted actions with others to report for duty, the S of employees from their positions, the concerted stoppage of work, or the concerted absence abstinence in whole or inpart byanygroup of employees from the full, faithful and proper concerted performance of the duties of employment iwith a public employer, or the concerted engagement in Q ines a work action for the purpose of inducing, influencing or coercing a change wages, hours or working conditions or terms of employment. O. "Supervisory Employee"means any employee having authority, in the interest of the hire, suspend, layoff, recall, promote, or discharge other employees. The Public Employer, top y authoritycannot be of a merelyroutine or clerical nature, but must require the use exercise of such of independent judgement, and does not include the authority to make recommendations only. SECTION 3. Ioya Management igh S. A. Town Council. They Mayor and Town Council are recognized as the policy making body of the TOWN OF ORO VALLEY. B. It is the right of the Town to determine the purpose of each of its departments, set standards of service to be offered to the public and exercise control and discretion over its organization and operations. It is also the right of the Town to direct its employees, take disciplinary pursuant to applicable rules and regulations, suspend or relieve its employees action for proper cause pp of lack of work or for other legitimate reasons, determine whether goods or from duty because '� services shall be made, purchased or contracted for, and determine the methods, means and personnel by which the employer's operations are to be conducted. The Mayor and Town Council retion direct the Town Manager to consult with the Authorized may, at their option and sole disc , Ord. #98-34 Pages Representativeconsequences about the direct conse uences that decisions on matters solely within the Town Managementg Q Rights set forth herein may have on wages, benefits, hours and working conditions. C. The Town and the Chief of Police have the exclusive right and authority to schedule work and/or overtime work as required in the manner most advantageous to the Town. D. The Town and Chief of Police reserve the right to discipline or discharge employees for cause, pursuant to applicable rules and regulations. E. The Town and Chief of Police shall determine assignments, and establish methods and processes by which assignments are performed. F. The Town and Chief of Police shall have the right to transfer employees within the Police Department in a manner most advantageous to the Town except the Town or Chief of Police may not transfer an employee as a form of discipline. G. Except as otherwise specifically provided in this Ordinance, the Town and the Chief P Y of Punqualifiedly retain un ualif edl all rights and authority to which by law they are entitled. H. Any rights all ri hts concerning the management, organization, and direction of the Police Department and the police force, including those set forth in the Ordinance, shall be exclusivelyright of the Town and the Chief of Police unless otherwise provided by the express the terms of this Ordinance as permitted by law. I The enumeration of the above rights is illustrative only and is not to be construed as being all inclusive. SECTION 4. Public Employees' Rights. A. Publicemployees em to ees shall have the right to join and participate in the employee e from joiningor artici atin in same. A public employee shall not hold organization, or to r fraul participating g any elective or appointive office in anyEmployee Organization until such employee shall have successfully completed the probationary period following their initial employment. P B. employees Public em to ees shall have the right to be represented by the Employee Organization, to bargainthroughRepresentative the Authorized Re resentative with their Public Employer in the wages, benefits, hours and working of g conditions, and, to be represented in the determination of grievances arising thereunder. C. This ordinance not preventan does public employee from discussing any matter of Y and workingconditions as longas the intent of this ordinance is not violated, wages, benefits, hours irrespective of the recognition of the employee organization. Ord. # 98-34 Page 6 D. The Employee ee Organization shall have its periodic membership dues deducted and the Public Employer from the salaries of those employees who present signed cards, in collected by a form satisfactory Employer,to the Public Em to er, authorizing the deduction of such dues. Such authorization cards may be presented to the employer in person,by mail, or through a representative. Such dues shall be transmitted to the Oro Valley Fraternal Order of Police Lodge #53 on a monthly basis. Dues deductions maybe revoked by the employee upon written notice of such revocation to the Employee Organization, only in the first two weeks of January and the first two weeks of July in any year and a copy shall be filed with the Town. publicemployer E. The may not entertain a written authorization on behalf of any other employee organization from anyemployeein said unit for the deduction and collection of dues. F. Confidential, managerial supervisory and employees shall not be represented by the organization, nor shall such employees take an active role in the policy making activities employeeg � ctl in the the employee organization, nor shall such employees participate directly or indirectly of bargaining except as representatives or assistants to the public employer. gProcess G. The Employee Or Organization be represented by an attorney licensed to practice ganmay law in the State of Arizona during all negotiations with the Public Employer. SECTION 5. ••- . u -8•. .•• •• • ••- ,••'•g ,•• • • . •11, . • • . A. Mandatory subjectsbargaining of bar ainin include any and all matters regarding wages and and workingconditions. Other subjects are permissible subjects of bargaining and benefits,hours shall be discussedduring bargaining process the bar ainin if requested by the authorized representative. This paragraph is subject to the following: (1) Federal and State Laws. (2) The ORO VALLEY Town Code. (3) Theimpasse procedures of this ordinance shall not apply to permissive subjects of bargaining. Memorandum of Understanding shall be signed by the Authorized Representatives B. A � of the Employee Representative Organizationand bythe Re resentative of the Public Employer. Such Memorandum of Understanding shall become effective upon approval by the ORO VALLEY Town Council. C. A Memorandum of Understanding may be executed for a period not to exceed three (3) years. An Arbitration Award shall be valid for a period not to exceed three (3) years. Ord. # 98-34 Page 7 Arbitration Award shall be signed by the arbitrator, filed with the Clerk of the D. An gn and of Oro Valley a d bythe Oro Valley Town Council at the earliest date following approved the filing of the Award with the Clerk. An Arbitration Award shall become effective upon approval by the Oro Valley Town Council. SECTION6. L- •• •• 'so , 1. •- On 11-, -ss-, • I- ' • - • ORO VALLEY Town Council recognizes and affirms the unilateral right of the A. The � to designate its representative(s) for the bargaining process. The Town MEmployee Organization gn P anager or his designee(s) shall serve as the Town's representative(s) in the bargaining process. The Town Manager or his designee(s) shall meet and negotiate solely with the duly designated of the Employee Organization, and representative(s) of the Employee Organization representative(s) shall negotiatesolely meet and with the designated representative(s) of the Town Manager. B. The Public Employer and the Employee Organization shall have the duty through to bargain in good faith with respect to wages and benefits, appropriate officials or representatives g hours and working conditions. C. Employee Organization an Em to ee Or anization desires to negotiate concerning any matter which is subject to negotiation pursuant to this ordinance , it shall give written notice of that desire g to the Town through the Town Manager. win the notificationprovided for in subsection C, the Employee Organization D. Following may . the Public Employeruest reasonable information concerning any subject matter necessary or request . negotiations. The information requested must be furnished within ten(10) for and relevant to the n � q workings days to the requesting party. The information must be accurate and must be presented in q g a form responsive to the request and in the format in which the records containing it are ordinarily kept. 1, of anyyear in which collective bargaining is authorized E. On or before December by this ordinance and the terms of any Memorandum of Understanding or Arbitration Award in Organization shallpresent to the representative of the Public Employer its effect, the Employee P proposed Memorandum of Understandingin writing, and shall file a copy thereof with the Town g Clerk as a public record. F. Thereafter, on or before December 15,the Employee Organization shall be afforded the opportunity to make a presentationregarding proposed re ardin its Memorandum of Understanding and information in support thereof to a regular meeting of the Town Council. January 5, the initial proposals, positions and offers of the Public G. On or before J aryp P to the proposals of the Employee Organization, shall be presented to the Employer, in response p p ' Copies thereof shall be filed with the Town Clerk as a public record. Employee Organization. Cp Ord. # 98-34 Page 8 Upon U on agreement being reached on a Memorandum of Understanding between the of the parties, it shall be immediately forwarded to the Town Council and the representatives Employee Organization. If either the Council or the Employee Organization fails to accept any part b of the proposed Memorandum of Understanding,the entire Memorandum is subject to renegotiation at the request of the Town Manager or the Employee Organization. I. If thero osed Memorandum of Understanding has been approved by both the P P Organization and the Town Council, it shall be filed with the Town Clerk as a public Employeeg Q record. At the earliest practicable date thereafter the Town Council shall provide on its agenda an opportunity public for comment on the terms of the Memorandum of Understanding prior to the Council acting thereon. J Anytimeperiodherein may be extended by mutual written agreement of the Town's duly appointed representative and the Authorized Representative. K. When an authorized Employee Organization has not been certified prior to January theprocess outlined inparagraph E shall begin on January 15. In all cases, all collective l, and impasseprocedures on economic issues shall be concluded prior to the date set by bargaining the Town Council for the tentative adoption of the annual budget for the following year. SECTION 7. Resolution of Impasses. During the course of collectivelybargaining over the terms of a Memorandum of A. D g Understanding, the parties may adopt such informal impasse resolution procedures as they deem appropriate. B. If after n bar aiin for a reasonable period of time, an agreement is not reached, or bargaining agreement is reachedprior to February28, either party may request submission of the dispute if no directly to compulsory, final and binding arbitration. Therequesting arbitration shall contact the American Arbitration Association C. party q g for selection of an arbitrator. The American Arbitration Association(AAA) shall forthwith furnish with the list of not less than five (5) ualified arbitrators as kept by the AAA from which the parties q alternately the parties maystrike names until a single name is left who shall then be appointed as the If, within 48 hours, theparties have not selected an arbitrator, the party requesting the arbitrator. I , . arbitration shall promptly choose the arbitrator it wishes to arbitrate to the dispute. The same party p P Y shall provide the assigned arbitrator with a copy of this Ordinance, and specifically, this section. D. The arbitrator shall set an arbitration hearing date to be held no later than fifteen(15) days after the arbitrator's appointment to the matter, and shall give no less than five (5) working pp days da s written notice of the arbitration hearing date to each party. Arbitration proceedings p under this section shall not be interrupted or terminated by reason of any prohibited practice charge filed by either party at any time. Ord. #98-34 Page 9 E. The arbitrator shall arrange for a full and complete record of the hearings. Upon request of either party, the arbitrator shall issue subpoenas for the attendance of witnesses at the arbitration hearing. The arbitrator may administer oaths and all testimony shall be given under oath. F. Each party shall pay one-half of the costs and expenses of the arbitration, EXCEPT that each party shall be responsible for the costs of its respective witnesses or representatives. G. At the hearing, the arbitrator shall receive information concerning the dispute and shall conduct the hearing with the objective of achieving a prompt,peaceful, and just settlement of the disputes. The factors, among others, to be given weight by the arbitrator shall include: (1) The lawful authority of the employer. (2) Stipulations of the parties. (3) Comparison of the annual income of employment of the public employees in question with the annual income of employment maintained for the same or similar work of employees exhibiting like or similar skills under the same or similar working conditions in the local operating area involved. (4) Comparison of the annual income of employment of the public employees in question with the annual income of employment of public employees in similar public employee governmental bodies of comparable size within the state. (5) Comparison of hours and working conditions of employment of the employees involved in the arbitration proceeding with the hours and working conditions of employment of other employees performing similar services: (a) in public employment in comparable communities; (b) in private employment in comparable communities. (6) The interest and welfare of the public. (7) Comparison of peculiarities of employment in regard to other trades or professions, specifically with respect to: (a) Hazards of employment. (b) Physical qualifications. (c) Educational qualifications. (d) Intellectual qualifications. (e) Job training and skills. (1) Retirement plans. (g) Sick leave. (h) Job security. Ord. # 98-34 Page 10 ($) The averageconsumer prices goods goods and services,commonly known as the cost of living. (9) Availabilities of funds. A determination of the financial ability of the Public based on all existingavailable revenues as established by the Public Employer mustbe Employer with due regard for the obligation of the Public Employer to provide facilities and the health,welfare and safety guaranteeing of the people residing within the political subdivision. (10) The o compensationpresently received by the employees, including directcompensation,wage insurance holidays and excused time, and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received. in anyof the foregoing circumstances during the pendency of the (11) Changes g g arbitration proceedings. Such other factors, not confined to the foregoing, which are normally or (12) traditionally taken into consideration in the determination of wages,hours and conditions of employment through voluntarycollective bargaining,mediation, fact-finding, arbitration or otherwise between theP arties, in the public service or in private employment. of the arbitrator, the parties may, before the submission of H. At the recommendation the arbitrator's final decision, enter into negotiations. If negotiations are begun, the arbitrator may adjourn the hearings fora period not to exceed two (2) weeks. If the parties reach an agreement agreement shall be reduced to writing, titled a Memorandum of during this negotiation period, the gr p Understanding, and the parties shall take the steps and follow the provisions of Section 6, H and I above. Once the Oro Valley Town Council enacts the Memorandum of Understanding, the arbitration terminates. enter into negotiations as provided in H above, but do not reach an I. If the parties g agreement within two (2) weeks, the arbitration hearing shall resume. J. Following the conclusion of the arbitration hearing, each of the parties shall,within g five (5) working days, submit a single written statement containing its final offer for each of the unresolved issues. within ten(10) da s after the final offers are submitted, accept K. The arbitrator shall, Y one of the written statements, on the basis of the criteria stated above, and shall prepare a written The arbitrator shall report Award according. his decision to the parties. The decision of the arbitrator is final and binding on the parties. L. The decision of the arbitrator must include a statement giving his or her reason for accepting the final offer that is the basis of the award. Ord. # 98-34 Page 11 M. The final arbitration award shall be filed with the Clerk of the Town of Oro Valley. � agendathe earliest practicable date thereafter the Town of Oro Valley shall provide on its At the arbitration award for action, and, shall then act thereon. Whether or not all the processes required by this section are completed, if no N. agreement has been reached, or no arbitration award filed with the Clerk of the Town of Oro Valley by April 20, the matter shall be submitted directly to the Town Council of the Town of Oro Valley in accordance with the following: (1) Within five(5)working days following April 20, the Town Manager of Oro or his designated representative and the Employee Organization shall submit to the Valley gn P Town Council a written position statement on all unresolved issues in dispute. (2) Within ten (10) working days following receipt of the written position the Town Council of Oro Valley shall conduct a public hearing at which the statements, . parties shall begiven full opportunity to present evidence and explain their respective PP positions on all unresolved issues. Within ten(10) da s following the conclusion of the public hearing, (3) working Y the Town Council of Oro Valleyshall take such action as it deems to be in the public t includingthe interest of the public employees, public employer and the public. interest, (4) The final decision of the Town Council of Oro Valley shall include a statement giving the reason(s) for its decision. SECTION 8. Prohibited Practices. A. The Public Employer is prohibited from: (1) Interference with employee rights under this ordinance. (2) Domination of the Employee Organization. Discrimination a ainst employees for membership in the Employee (3) g Organization or engaging gl for en a 'n in concerted activities permitted by this ordinance or by applicable law. (4) againstemployees Retaliation for invoking their rights under this ordinance. (5) Refusing to negotiate with the Employee Organization. Ord. #98-34 Page 12 (6) There shall be no lockout by the Town unless required to protect and preserve the c ublipeace, health, or safety of the Town and its residents or required by the Town to P enforce any violation of this ordinance, any written contract or any applicable laws. B. The Employee Organization is prohibited from: (1) Restrainingor coercing employees in the exercise of their rights under this ordinance. (2) Causing an employer to unlawfully discriminate against any employee. (3) Refusing to negotiate with the employer. (4) Threatening, coercing, or restraining any person with the objective of forcing the employer to come to an agreement with the Employee Organization. (5) Causing the employer to pay for services not to be performed. (6) Nothing herein shall prohibit an Employee Organization from determining and maintaining its own rules for obtaining or retaining membership rights in said so organization longas said rules do not bear upon any rights to employment with the Public g Employer. C. The expression of anyviews, arguments, or opinions, or the dissemination thereof, P � whether in written, printed, graphic c or visual form, shall not constitute or be evidence of any violation of any provisions of this ordinance, if such expression contains no threat of reprisal or force, or promise of benefit. SECTION 9. Additional Prohibited Practices, A. Solicitation of members, dues and other internal Employee Organization business shall be conducted only during non-duty hours and shall not interfere with the work process. B. The Employee Organization and its members covered by this Ordinance recognize and agree that rendering of police services to the community cannot under any circumstances or conditions be withheld, interrupted, or discontinued, and to do so would endanger the health, safety p and welfare of the citizens of the TOWN OF ORO VALLEY. C. The Employee Organization pledges to maintain unimpaired services as directed by the Employee Organization Neither the Em to ee Or anization or any member thereof, for any reason, will authorize, institute, aid, condone or engage in a slowdown, work stoppage, strike, or any other interference with the work and statuto functions and obligations of the Town of Oro Valley. Ord. # 98-34 Page 13 During the term of this Ordinance neither the Town nor its agents for any reason shall authorize, orpromote anylockout of Employee Organization members covered by this Ordinance. institute, aid P D. Should anymember of the Employee Organization during the term of this Ordinance, and until such expressly legally that it is ex ressl and le ally rescinded, breach the obligations of this Article, the Town Manageror his designees shall immediately notify the Employee Organization that a gn prohibited action is in progress. E. TheEmployee Organization Em to ee Or anization shall forthwith,through its officers and other authorized disavow said strike or otherprohibited action, and shall notify in writing all representatives,Organization officers and representatives of their obligation and responsibility for Employee P mamaintaining compliance with these sections, including their responsibility to remain at work during may which be caused or initiated by others. Copies of such notification shall be any interruption delivered to the office of the Town Manager. In addition, the Employee Organization shall order ' in all its members violatingthis Article to immediately return to work and both orally and in writing cease the strike with copies of the written order to be delivered to the office of the Town Manager. F. Penaltiesmay or sanctions the Town assess against employees who violate this Y Article shall include, but not be limited to: (1) Discipline up to and including discharge. p (2) Loss of all compensation and benefits, including seniority, during the period of such prohibited activity. G. Should theEmployee Em to ee Organization during the term of this Ordinance and until such and legally rescinded. breach its obligations under this Article, it is agreed time that it is expressly g y set forth herein shall be imposed on the Employee Organization, in addition to any that all penalties P other legal and administrative remedies available to the Town that in its discretion it may elect to pursue. herein shall preclude the Town from obtaining judicial restraint H. Nothing contained or from seeking damages from Employee Organization Em to ee Or anization in the event of a violation of this Article. SECTION 10. Disqualifications, The initial or any subsequentEmployee Organization shall be disqualified to act as the Employee Organization in the event of either: (1) Its failure to have included in its membership an employee of the TOWN OF ORO VALLEY covered by this Ordinance; or Ord. # 98-34 Page 14 (2) decertification as a result of an election of the employees covered by this ordinance held in the manner hereafter described. petition requesting an election of Employee Organization is filed by more than 50 In the event a q g percent employees of the Town em to ees covered by this Ordinance, the Town Council and the Employee Organization shall each select a resident of the TOWN OF ORO VALLEY who is not an employee, officer, or Council member of the TOWN OF ORO VALLEY or interested in any capacity as a Organization,representative of the TOWN OF ORO VALLEY or a member of the Employee Ori , an employee or agentof the Employee Organization or a member, Employee or agent of any parent, subsidiary or affiliate thereof, to serve on an Election Board. The two appointees shall then select a third member to serve on the Election Board and whom shall qualification or eligibilities for appointment to the Election the same g PP Board as the two initial The Election Board shall then adopt rules and regulations applicable to the election appointees. . to be held hereunder and shall proceed with conducting such election forthwith. contemplated P The election to be held hereunder shall contemplate any one or more of the following questions: 1) should the then Employee Organization existingEm to ee Or anization b e retained as the Employee Organization under this Ordinance; 2) Employee Organization other Em to ee Or anization should be designated to serve as said Organization; 3) should anyEmployee Organization be selected to represent the Employee 4) should there bechange in the bargaining unit which said Employee employees; orany Organization represents hereunder. employees of the Town covered by this Ordinance A majority vote of those voting in said election be determinative of the issues herein and in the event there is no majority vote on any shall on submitted at said election, the then acting Employee Organization shall continue to act proposition as such until such time as any intent election decides otherwise. It is the that said election q shall be conducted in a fair and equitable manner insuring all employees of the TOWN OF ORO this ordinance a fair and appropriate VALLEY covered by PPriate forum in which they may express their P vote. shall not dominate anysuch election and any activities of any organization or group The Town seeking the right to be designatedEmployee Organization an Em to ee Or anization or seeking a determination of no representation shall be carried out after normal working hours of the employees and off the premises of the Town except for public streets and right of ways. one election in each calendaryear and there shall be no election held between There shall only be December through April in year negotiations in anythat for a new Memorandum of Understanding are in process. SECTION 11. Effective Date, This Ordinance shall become effective upon passage. Ord. # 98-34 Page 15 SECTION 12. Severability.. If any provision of this ordinance or the application of such provision to any person or ce shall be held to be invalid, the remainder of this ordinance or the application of such circumstance provisions to personinvalid or circumstances other than those as to which it is held shall not be affected thereby. SECTION 13. Repeal of Conflicting Ordinances, ordinances and parts of ordinances in conflict with the provisions of this ordinance are All hereby repealed. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, this 19th day of Augns t , 1998 . Mayor Attest: Town Clerk APPROVED AS TO FORM: Town Attorney (a:\oto-val I.ev\ordinanc.agm-rg] TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: AUGUST 19, 1998 TO: HONORABLE MAYOR AND COUNCIL FROM: Werner S.Wolff, Chief of Police SUBJECT: Resolution Number R98-5 7 ,approval of Development Agreement with Canada Hills Homeowners' Association for Police Department traffic enforcement on private streets. SUMMARY: In December, 1997, the Canada Hills Homeowners' Association requested assistance from the Police Department reference ongoing speeding violations within the community. The streets are private and speed violations cannot be enforced. Traffic studies confirmed problems of excess speed(s) in the neighborhoods. Under ARS 9-500.05, Subsection F, parties can enter into an agreement for the enforcement of traffic laws (specifically speed and weight restrictions)within a private subdivision, as long as the streets are not gated and accessible by the public. Upon approval of this Development Agreement, the Police Department would have the option to enforce traffic violations within the Canada Hills community. FISCAL IMPACT: Budget FY 98/99: Unknown RECOMMENDATION: I recommend Mayor and Council approve the Development Agreement between the Canada Hills Homeowners' Association and the Town of Oro Valley. SUGGESTED MOTION: I move that Mayor and Council approve Resolution No.R98-5 7 allowing the Town of Oro Valley to enter into a Development Agreement with the Canada Hills Homeowners' Association for Police Department traffic enforcement on private streets. ATTACHMENTS: 1. Original copy of the Development Agreement between the Town of Oro Valley and the Canada Hills Homeowners' Association. 2. Resolution No. R-98-5 7 3. Exhibit "B" - Map of Canada Hi is Area 4 ‘ trt. //X ewer . f� I f Py/e +� a Kii�ry 1 Town Manager RESOLUTION NO. R98-57 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING A DEVELOPMENT AGREEMENT WITH CANADA HILLS HOMEOWNERS' ASSOCIATION FOR POLICE DEPARTMENT TRAFFIC ENFORCEMENT ON PRIVATE STREETS. WHEREAS, it is the desire of the Town of Oro Valley to enter into said Agreement with Canada Hills Homeowners' Association to allow Police Department traffic enforcement on private streets; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA: 1. That the Mayor of the Town of Oro Valley, Chief of Police, Werner S. Wolff, and other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of said Agreement. (attached as Exhibit 1) PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 19th day of August , 1998. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS Tn FORM: Tobin Sidles, Town Attorney CxibI,;+ I DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT (the "agreement") dated this 19th day of Aligns t , 1998, by and between the Town of Oro Valley, Arizona, an Arizona Municipal corporation, and the Canada Hills Master Homeowners Association and all sub-associations of Canada Hills or its successor in interest, located at (Legal description) . This agreement shall cover those areas marked as outlined in the attached Exhibit "B" RECITALS WHEREAS, this agreement shall be adopted by the passage of a resolution at a public meeting of the Mayor and Town Council of the Town of Oro Valley, Arizona, authorizing its designated signatory below to enter into such an agreement on behalf of the Town, consistent with the mutual promises, covenants and acknowledgements agreed to by the Mayor and Town Council: WHEREAS, the master homeowners association would like to permit the Town to enforce traffic and fire laws within their subdivisions and on their private streets; and WHEREAS, the Town has the responsibility of providing for the public health, safety and welfare; and WHEREAS, the Town and Canada Hills are authorized to enter into this agreement pursuant to the provisions of A.R.S. Section 9-500.05. NOW THEREFORE, in consideration of the promises, mutual covenants and agreements as set forth herein, the parties agree as follows: 1) MUTUAL PROMISES The Town agrees that: The Oro Valley Police Department as part of their normal operations will patrol the property, including private streets. The Town will provide traffic/emergency vehicle enforcement in accordance with established policies and budgetary considerations. The Town will not provide enforcement for gated streets. The Town reserves the right through the Town Engineer to determine the appropriate speed limits and other traffic provisions for this area in accordance with the Town Code and all other applicable laws. The Town will not provide maintenance of the pavement nor deal with other non-traffic issues. Canada Hills agrees that: The Town may enforce all criminal traffic, civil, Town Code and other statutes or documents for public safety purposes on the private streets, rights-of-way, etc. The Town will enforce traffic statutes in emergency situations to facilitate the response of emergency vehicles and equipment. The association agrees, on behalf of all the residents, to waive any claims, including claims of jurisdiction, and to abide by the laws, policies and procedures of the federal government, the State of Arizona and the Town of Oro Valley for these areas. The Master Association agrees to pay for the costs of purchasing and installing whatever traffic signage, striping and painting is deemed necessary by the Town on Canada Hills Drive. Signage and/or markings in the sub-association areas will be paid for by that sub-association. All appropriate signage is to be solely determined by the Town Engineer or his/her designee according to generally accepted engineering and traffic standards. Whenever possible, the Town agrees to send a cost estimate of these items to the Master Association for review prior to purchase. The Town agrees to install and maintain all such signage with the costs of installation and replacement to be reimbursed by the Association(s) to the Town. The Association(s) also agree to assume liability and indemnify the Town for any actions arising from this agreement other than those arising from the sole negligence of any Oro Valley officer, employee or agent. IL In the event it is desired that any private roadways become public; the provisions of the Town Code must be followed. Should any private streets become public, the terms of this agreement are declared null and void as to those streets. 2) TERM The parties agree that this agreement shall run in one-year terms, to be automatically continued and renewed every Town fiscal year upon adoption of the Town budget unless cancelled at the behest of either party upon ninety (90) days notice. Notice shall be given in writing, sent by regular mail with the 90- day period to commence upon the date of the mailing. Notice to the Town shall be sent to the attention of the Town Manager, with a copy to the police department and the public works departments. Notice to the Association shall be sent to the attention of the Master Association. Upon termination, all unreimbursed signage shall become the property of the Town. 3) IMPACT ON DENSITIES AND USES The parties acknowledge that this agreement does not create densities and uses greater than those currently enjoyed. 4) FUTURE REZONINGS Any future rezoning will have to be accomplished according to the existing policies of the Town of Oro Valley at the time the question is raised. 5) SEVERABILITY, INTERPRETATION OF TERMS, CHOICE OF LAW This agreement shall be construed in all instances when possible to do so in such a fashion as will allow the parties to comply with all applicable federal, state, and local laws and regulations in accomplishing the purposes of this agreement. Should any portion of this agreement be found to be invalid for whatever reason by a court of competent jurisdiction, such portion shall be severable and have no effect on the remaining portions of the agreement. If any matter should end up in court, the winning party is entitled to reasonable attorney's fees. This agreement will be enforced under the laws of the State of Arizona. By: , on this day of , 1998; acting on behalf of the Canada Hills Master Homeowners Association and all residents of the sub-associations which have signed the attached request listed as Exhibit "A" (attached hereto). FOR THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney Exhibit Canada Hills HOA Area iii s7NrA 11 . "„,...... WI 211 •a'la 0 )74.414V lbOP 1111111:. ism ign-�I vifl ,--'��i Met MAI■ IIIIIIIIIII i rjoi swenvemp wrIlis:Ai irwiip:7g;::xIg ,•�t �/��� i1 m ril. t 4 al hill __ Pilal simo WM'ma WI• 6 was.. i.w,‘, NV his it t 0 tati4rall ,... • .1:1'I Ir �� I ■rte \ \l 1 r ■■■•.1. a ii,Am •••••En Ira illik. Ili• le ms ro diegek,stall OM r■1�.ftV wa. 0 sumNinitk ti)- A.Pd . 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I Bleyffolalyi I a ♦O •M 11111111.11111 CI imam MI I ... 4 .0 m'4. rie I n10 0 0%, 00X,IF allirimpai IWO" \ 1 •.0,o0A* svr • ..ss- 0...0*Te. i 4 4k, sot Illiali....,isidni :so#‘-. ...ovr 12 sa040" fAssw ns 44111,441,am IIIKOU rfr7:404 e • •SWASS•Z / 40 ima -1 /j .0 eso*1. mmik. AN=saw MIMI I 47, s /- N 0 0.5 1 Miles vA4 S 4 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: 8/19/98 TO: HONORABLE MAYOR AND COUNCIL i FROM: Tobin Sidles, Town Attorney SUBJECT: Ordinance (0) 98- 35 , Prohibiting the Feeding of MammalianWild Animals SUMMARY: As the Council is aware,there was an incident some time ago involving a coyote attacking a child at a local park.After investigation,it was learned by our police department that persons had been feeding the coyote at the park, attack. While such behavior seems harmless, it can have serious consequences, which has been contributing to the q documented by the bear attacks at Mount Lemon. The Oro Valley Police Department,in conjunction with concerned ' ' Town to enact this ordinance whichprohibits thistype of activity. The ordinance may also be citizens,has asked the ty enforced by other agencies such as Game and Fish or Pima County Animal Control should the need arise. j ATTACHMENTS: 1) Ordinance No.(0)98- 35 with attachment Exhibit A ISCAL IMPACT: None RECOMMENDATIONS: Acceptance is recommended. SUGGESTED MOTION: I move that we accept Ordinance(0)98- 35 or I move that we deny Ordinance(0)98- 35 . , /.. / //�% k 1c / S.: 1ilW ►• of Depa 'rent Head _ _ AiL .4 Town Manag•is Review ORDINANCE NO.(0)98-35 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THE TOWN CODE OF ORO VALLEY, ARIZONA, APPENDIX II. PROHIBITED ACTIVITIES BY ADDING A NEW SECTION (F.) ADOPTING REGULATIONS RELATING TO FEEDING WILD ANIMALS WITHIN THE TOWN LIMITS AND ESTABLISHING EXCEPTIONS AND PENALTIES. WHEREAS, the Town of Oro Valley, having received notice of a serious incident involving a coyote attacking a child at a park; and WHEREAS, the Town has determined that the situation was partially attributable to well- meaning but mistaken persons who feed wild animals; and WHEREAS, such practices create a significant threat to the public peace, health, safety and welfare of Oro Valley citizens; and WHEREAS, the establishment and enforcement of regulations relating to the feeding of wild animals within the corporate limits is deemed necessary in order to provide for the furtherance of the public peace, health, safety and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: SECTION 1: That the Town Code of the Town of Oro Valley, Appendix II Prohibited Activities, be amended to include a new subsection (F.) in its entirety, which is attached hereto as Exhibit "A". SECTION 2: That all Town Administrators and staff are hereby given the authority to provide for the enforcement of this addition. SECTION 3: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 4: Repeal of all ordinances and parts of ordinances in conflict with the provisions set forth herein does not affect rights and duties that have matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 6: Whereas itis necessary for the preservation of the peace, health, safety and welfare of the Town of Oro Valley, Arizona, and this ordinance shall become operative and in force as according to State Law PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 19th day of August , 1998. APPROVED this 19th day of August , 19 9$ by the affirmative vote of the members of the Town Council of Oro Valley, Arizona. PAUL H. LOOMIS, MAYOR ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney 2 Exhibit "A" Oro Valley Town Code Appendix II - Prohibited Activities (F) Leaving food outside for non-domesticated mammalian predators prohibited - Exceptions 1. No person shall feed or in any manner provide food or drink at any time for one or more non- domesticated mammalian predators, including but not limited to, coyotes, raccoons, foxes, skunks, javelinas and opossums. No person shall leave or permit to be left outdoors food for any domesticated animal between the hours of ten p.m. and six a.m. the next day. 2. Exceptions. This section shall not apply in any of the following instances: A. Where the person is the owner of such non-domesticated predator and such predator is kept under a valid certificate or permit issued by the State. B. Where the person provides food for a trapped, injured or unweaned, non- domesticated predator between the time the agency in charge of animal control is notified and such predator is picked up by such agency. 3. Any violation of this section shall be a civil violation punishable by a minimum mandatory fme of$25.00 and a maximum fine of$1500.00 per incident. 5 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 19, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: Valerie Feuer, Senior Planner SUBJECT: PUBLIC HEARING, ORDINANCE No.(0)98-36 OV9-98-5 PROPOSED AMENDMENT TO THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT, NEIGHBORHOOD 10, PARCEL H CHANGING THE DENSITY FROM MEDIUM DENSITY RESIDENTIAL(MDR)TO MEDIUM HIGH DENSITY RESIDENTIAL(MHDR);PER RESORT DESIGNATION BACKGROUND: The subject parcel is approximately 18.8 acres in size, bordered on the north by Vistoso Highlands Drive Road, east by parcel N, west by parcel G, and to the south by parcel 0. This area is commonly known as a portion of Rancho Vistoso Neighborhood 10. The Town Council approved a General Plan Amendment for this parcel to resort designation on August 5, 1998. PETITIONER'S STATED REASON FOR THE REQUEST: The applicant proposes to construct a resort condominium project of 111 units on 18.8 gross acres in Neighborhod 10, Parcel H. The parcel is currently designated as medium density residential (MDR) which would support the density being requested. The proposed change to medium high density residential (MHDR) is needed to allow development of this project on Parcel H with a conditional use permit (CUP). While the proposed denisty of the project would be allowed in MDR, the proposed use as resort condominiums requires that the designation be changed to MHDR to allow the applicant to apply for a CUP. GENERAL PLAN CONFORMANCE: Staff has evaluated this request for PAD amendment against the General Plan Land Use Plan Map and Policies and finds the following. Land Use Map The proposed amendment complies with the Land Use Map, as amended on August 5, 1998. Land Use The General Plan encourages the location of residential neighborhoods close to activity centers (The Golf Club at Vistoso) to minimize travel times. Additionally, it locates higher density land uses and transportation-dependent uses near major transportation corridors. Economic Development The proposed amendment does not provide employment related to the Town's workforce, but does provide employment that is appropriate to maintain the Town's residential/resort/recreation character. The Town is not expected to receive any direct room-rental revenues from the property. The management company has TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 proposed to enter into an agreement to voluntarily provide an in lieu bed tax. Since guests stay at the resort p g based ony reviousl purchased vacation certificates, the usual bed tax cannot be assessed. The in lieu bed p tax, based on the fair market value of lodging sales and related applicable fees, is estimated by the applicant to be between $30,000 and $40,000 per year. In addition, the applicant indicates that their typical guest spends $137 per day for an expected annual circulation of$4 million within the community. Overall Staff finds that the request meets goals and policies of the Town's general plan in that it: 1) would support the business base of the Town; 2) the in-lieu bed tax that the resort is willing to provide is positive to the community; and 3) the integration of natural open space within the clustered development should promote openness within the housing development, as well as encouraging the preservation of significant, passive use, natural open space within the neighborhood. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission held a public hearing on August 4, 1998, moved, seconded (Moody/McCook) and carried by a 4-0 vote to recommend approval of the request to amend the Town of Oro Valley General Plan for the area known as Rancho Vistoso Neighborhood 10, Parcel H. In the motion (attached), the Commission amended the Staff conditions to address specific concerns related to compatibility with surrounding uses. STAFF ANALYSIS AND DISCUSSION: The resort condominium project proposed is compatible with other condominium and residential projects nearby. The design of the project will provide a density consistent with surrounding properties, with integration of open space within the clustered development and the lush landscaping. Conditions addressing issues of concern to the Planning and Zoning Commission have been attached as Exhibit "A". In addition, other concerns may be addressed during the conditional use permit process and development plan review. David Andrews, Town Finance Director, has proposed an in lieu tax equal to one percent of the fair market value of lodging sales and any applicable fees related to lodging, to be paid on a quarterly basis. A legal agreement,to extend in perpetuity, should be formulated and approved prior to issuance of building permit. RECOMMENDATION: Staff recommends approval of the proposed amendment to the Rancho Vistoso Planned Area Development Neighborhood 10, Parcel H, with the conditions attached in Exhibit"A". SUGGESTED MOTION: I move to approve Ordinance No. (0)98 -3 6 OV9-98-5 the proposed amendment to the Rancho Vistoso Planned Area Development Neighborhood 10, Parcel H, with the conditions attached in Exhibit"A". -OR- TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 3 I move to approve Ordinance No. (0)98 - 360V9-98-5 the proposed amendment to the Rancho Vistoso pp Planned Area Development Neighborhood 10, Parcel H with the conditions attached in Exhibit "A" and the following additional stipulations: • -OR- I move to deny Ordinance No. (0)98 -360V9-98-5 the proposed amendment to the Rancho Vistoso Planned Area Development Neighborhood 10, Parcel H. ATTACHMENTS: 1. Exhibit"A"—Conditions of Approval 2. Ordinance No.(0)98-3 6 . 3. Letter of Request. 4. Planning and Zoning Commission motion dated August 4, 1998. F:\OV\OV9\1998\9-98-5\padtcc.rpt Planning . d Zoning Administrator Comm 1 Dev- opment DireALb A.46.. Town Man.:er EXHIBIT "A" TOWN COUNCIL CONDITIONS OF APPROVAL OV9-98-5 REQUEST TO AMEND THE RANCHO VISTOSO PAD, NEIGHBORHOOD 10, PARCEL H 1. A complete, on-site, full-time management company shall be involved with both interior and exterior maintenance of the property. 2. Twenty-four hour security shall be provided; 3. Signage will only be allowed on site and must conform to the Oro Valley Sign Code. 4. Density shall be limited to 5.9 units per acre. 5 . Building height shall be limited to two stories. 6 . Staff shall work out an agreement with the applicant for the in lieu bed tax, prior to issuance of the building permit. 7 . Staff shall work with the applicant to come up with a mix of one and two story buildings on the development plan. ORDINANCE NO. 98-36 AN ORDINANCE AMENDING THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT LAND USE MAP FOR NEIGHBORHOOD 10, PARCEL H, CHANGING THE LAND USE DESIGNATION TO MEDIUM HIGH DENSITY RESIDENTIAL R) AS REQUESTED BY OV9-98-5, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, Vistoso Partners, the overall developers of the Rancho Vistoso Planned Area Development, have requested an amendment to the Rancho Vistoso Planned Area Development Land Use Map, as it pertains to Neighborhood 10, Parcel H, relating to the land use designation; and WHEREAS, an application to amend said Planned Area Development Land Use Map has been filed with the Town by Vistoso Partners; and WHEREAS, Article 10-3 of the Oro Valley Zoning Code Revised provides for the establishment of, and amendments to, a Planned Area Development District; and WHEREAS, the Planning and Zoning Commission has considered said application for amendment to the Planned Area Development Land Use Map, as it pertains to Neighborhood 10, Parcel H, at a duly noticed Public Hearing, in accordance with State Statutes, and has made its recommendations to the Town Council; and WHEREAS, the Oro Valley Town Council has considered the requested Planned Area Development amendment at a Public Hearing and finds that it to be consistent with the Town's General Plan and Ordinances, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. The Planned Area Development Land Use Map may be amended for Neighborhood 10, Parcel H, as it pertains to the land use designation, in accordance with the conditions in the attached Exhibit "A". SECTION 2. That all ordinances and parts of ordinances in conflict herewith and the same are hereby repealed to the extent of such conflict; SECTION 3. That this ordinance and the various parts thereof are hereby declared to be severable. If any section, sub-section, sentence, clause, word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 19th day of August, 1998. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney F:\OV\OV9\1998\9-98-5\PAD.ORD ..........4.45 s II . . - .. _ , .. ... : - .. , : , . - . - . . , . . - , . .. t . . . ..., . _ _ . • - ...• _ • April 13, 1998 RLCLE s.:.. - APR 1 4 1996 Town of Uro Valley. Honorable Mayor and Town Council Town of Oro Valley 11000 La Canada Drive - Oro Valley, AZ 85737 - Dear Honorable Mayor and Town Council Members: Please accept this letter as my request for reconsideration to initiate a change in - the PAD designationgeneralplan and a amendment to allow the development of a resort t _ C condominium project to be located on Parcel H,Neighborhood Ten, Rancho Vistoso. • • l.' - - . • The proposed project contains 111 condominium homes located on 18.8 *gross •.. - •��.� ... -- . currentlyacres. That densityequates to 5.9 units per acre, which falls within • _ • medium density residential RAC of 3 to 6 units per acre. I respectfully request the To• wn Council to consider initiating the above request at its May 6th, 1998, meeting. - The parcel is owned by Vistoso Partners, L.L.C., and is currently in escrow with • • Northstar Contractors, Inc./Mirage Homes for the development of the above resort condominium project. The J rorect is beingdeveloped for Trendwest `Resorts out of Bellview, PP Washington. The resort condominium development will then be conveyed to Worldmark The Club, which currently owns 22 resorts located along the west coast, Hawaii and -. Mexico. Trendwest Resorts offers resort credits or certificates that are used by • individuals for various lengths of stay in any of the Worldmark resorts. -. •,.---....%-•-_-;,.--_-.a . .• :, • -- _ _ - -,r ••• ,- ,.--.1w. . • • - , - -L_---,:.--,-,-.-..,-4-:.----_---f .moi•', Wit•- ` - ,...•:',...-... ,--"..1;r,:"•:_'..,;_::,:...': --.r`..' - - • i _ R•: .. ,: t•:...--,:-.7:• .'.:,.rte!• ^ :a.►..i--*-...;;;;4:,, •'. - • - t • ,..:�,.•.r-r "•1-.-r.s.•'..,1. :+�t+.t - • - • • •'..7•:- _ '• • • _ •: f'• • ..• i•‘,..;;I: 14 ' • •••( y-f...,---.:,•_•_,-,,,:,-.... • �}':-•r•:i•-• •• -••,• -• ..,• • -••'.i`�: :., ',. •. t. -�••,-i`-'� .: •``t. , . •iV`•(•:s.h:•: i :,.-.rn.im a•~ •-.• �,1..,'• - - - •_ :b.-, •tit.. .. ,- - .• '�..•,-� •�,•— ^�- - _ _,- • {' :sem� --�('•y,t: . 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'j -r•♦ 1 .1f:•"•• •:-:- :\K .;:-..:"1,- _- .--:- . •t. _ `.. •'.•-':-!.�:; ,.[;�- 'w;tf1_Z1:-Zt-rii.'0,•.t,' r•il�``��•.•••V=`.1•i:•'t:i_:� mo. . .j ..,�" i�r-J.•�fY4 {L�t,`a1_•w i-.r •-::' ::?s.•i.;,..5.:.-►i•_.,•�t3'.:.j•;-1.. . +..... - , .. . v - • . ,-:.,::...4.:;_•- ' �.... :te '''•,:',.!-- .. - •'•,• •[•t :-..,•1::....:-..,•-•:!': .t�t,•in-t?/j '; _ •-� •. .. .! • • ' i•4•'..4'''';' I•, .a • -•‘ 1. • ' - - , - . _ •••'-''''''' .1..^,.i. .• , 4 "• *. ....• . • .= - 16927.Et Saguaro Blvd.;=Fourtaro,Hi ls,=AZ 85268-=.(602) 837-8700 Fax (602) 837-3043 _ _ 1 -f a-.7 • Page -2- • • It is m understanding ng that if the Town Council initiates the above request, a public hearing on the above will be heard by the Planning and Zoning Commission on June 2nd, 1998, and by City Council on July 1st, 1998. Additional information on Trendwest and Worldmark will be provided, and a representative of Trendwest will make a presentation, at future meetings. I appreciate your .consideration of the above and am looking forward to developing another qualityresort condominium project in the Town of Oro Valley. p � .Sincerely, fithr _ , _....4,. . . II) An, . _.. ..•... . • , , • . . _ . • . • •• i _ Gary ••./' artinson ; •,..,. President • • • • VISIMAYOR-413.98 • • t. • • • • .' 4 :?i ;'• �C�j": . Via. ! •.! - ` • • •► i + _ — —....'.....ti:..' -...: •JV.,-•ma...-•,-...,. : S- •.- . •• -• .='- y •y 1. • • • . •• tiL. : � ,•.a: ' � ri• .:,...ij•' % a,!t'__' moi• .�-*: .:•• '••• • -' • -?'K�is^.til+w-�a,3. -'Milt* s' - • - • .. .!fi_r•_ • • • _ R —. \ .. _ • • • w te: • L+a s 1 4,,,,,,t-?—:',. : !. • • • . -. ••• ... ‘ .. - _ _ ~ `_ . • �, `+ - • r�- - :+.+�`•C --::::c sMbC ' - -!,• • . - ..., " 1=1' ► --=:1---;,-;;;;- .. - _ • • y .. .t _ • 74 _. -. • . • . •.t . r -s •t�.rAi�� d•'... "Af :.;!_,--.-:t.:,-•-..1-', fJ: w.••.!••�1 � • -i • .. • . .,r,i.£,~'�R (i r .t. Y �!•1);....,;".1.?.,:-..-. . 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MOTION: Moved, seconded (Moody/McCook) and carried by a 4-0 vote (Wiant/Partridge—absent) to recommend approval of OV9-98-5, the request for amendment to the Rancho Vistoso PAD,Neighborhood 10,Parcel H,to medium high density residential(MHDR), subject to the following conditions: Planning & Zoning Commission Conditions: 1) The building height shall be limited to 2 stories; 2) The density shall be limited to 5.9 units per acre; 3) Staff shall work out a formula for the bed tax; 4) Staff shall work with the applicant to come up with a mix of one and two story buildings on the development plan. Planning Staff Conditions: 1) A complete, on-site,full-time management company shall be involved with both interior and exterior maintenance of the property. 2) Twenty-four hour security shall be provided; 3) Signage will only be allowed on site and must conform to the Oro Valley Sign Code. 6 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 19, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: David G. Hook, P.E. Town Engineer SUBJECT: Resolution No. (R) 98- 58 Declaring as Public Record That Certain Document Known as "Chapter 15, Grading Ordinance, Oro Valley Zoning Code Revised" SUMMARY: If the Council elects to adopt "Chapter 15, Grading Ordinance, Oro Valley Zoning Code Revised" as shown in Exhibit A, action must be taken, in the form of adoption of the attached resolution, to make said Grading Ordinance a matter of public record. RECOMMENDATIONS: Department of Public Works Staff recommends Council adoption of the referenced "Chapter 15, Grading Ordinance, Oro Valley Zoning Code Revised". As such, approval of this resolution is also recommended, which will make the Grading Ordinance a public record. SUGGESTED MOTION: I move to approve Resolution No. (R)98- 58 making that document known as "Chapter 15, Grading Ordinance, Oro Valley Zoning Code Revised", a public record. ATTACHMENTS: Resolution No. (R)98-5g Exhibit A, Chapter 15, Grading Ordinance, OVZCR 4111W-17-=---i �t • o�� Engine / Town Manager RESOLUTION (R) 98-58 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "CHAPTER 15, GRADING ORDINANCE, ORO VALLEY ZONING CODE REVISED". BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: That certain document known as "Chapter 15, Grading Ordinance, Oro Valley Zoning Code Revised", three copies of which are on file in the office of the Town Clerk, is declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 19th day of August, 1998. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin C. Sidles, Town Attorney EXHIBIT A GRADING ORDINANCE 1 CHAPTER 15 GRADING ORDINANCE Aug 10,98 draft ARTICL 15-1 Purpose and Intent of This Ordinance Sec. 15-101 Purpose Sec. 15-102 Intent ARTICLE 15-2 Applicability Sec. 15-201 Type 1 Grading Permit Defined Sec. 15-202 Type 2 Grading Permit Defined Sec. 15-203 Type 3 Grading Permit Defined Sec. 15-204 Exemptions ARTICLE 15-3 Submittals and Procedures for Types 1,2 and 3 Grading Permits Sec. 15-301 Type 1 Grading Permits Sec. 15-302 Type 2 Grading Permits Sec. 15-303 Type 3 Grading Permits ARTICLE 15-4 General Grading Requirements and Notes Sec. 15-401 Cut and Fill Limitations Sec. 15-402 Site Revegetation and Stabilization Sec. 15-403 Driveways Sec. 15-404 Slope Setbacks Sec. 15-405 Restriction of Slope Development Sec. 15-406 Erosion Control Systems Sec. 15-407 Import and Export of Earth Material Sec. 15-408 Hours of Grading Operations Sec. 15-409 Phased Grading Sec. 15-410 Restriction of Vehicles Sec. 15-411 Additional Requirements ARTICLE 15-5 Variance and Request for Interpretation Procedures Sec. 15-501 Exceptions Sec. 15-502 Appeals from Administrative Decisions 2 ARTICLE 15-6 Grading Permit Authorization,Liability, Enforcement and Penalties Sec. 15-601 Authorization to Proceed With Work Sec. 15-602 Liability Sec. 15-603 Enforcement Sec. 15-604 Stop Work Orders Sec, 15-605 Citations Sec. 15-606 Penalties ILLUSTRATIONS A Cut/Fill/Setbacks B Building Height C Site Improvement Standard (1)A Drainage Pattern (2) C Drainage Pattern D Terracing/Drainage 3 TOWN OF ORO VALLEY GRADING ORDINANCE (Adopted by Mayor and Council ) ARTICLE 15-1. PURPOSE AND INTENT OF THIS ORDINANCE Sec. 15-101. Purpose The purpose of this ordinance is to provide for the public health, safety, and general welfare and to protect and preserve the aesthetics of the natural environment through regulation of all types of excavation and earthwork on private and/or public land. The grading regulations contained in this ordinance are designed to: A. Regulate the development of potentially hazardous terrain; and B. Preserve, where possible, or recreate the natural contours, the native vegetation and visual character of the site in harmony with the surrounding terrain; and C. Enhance the quality and value of new development; and D. Maintain property rights and property values of adjacent developed and undeveloped parcels. Sec. 15-102 Intent The regulations, as set forth in this ordinance, have been prepared in the context of Oro Valley's specific desert environment. They are intended to complement the applicable provisions of the Hillside Development Zone and the Floodplain Management Ordinance, and not to authorize any grading activity prohibited by this ordinance or any Town ordinance. The intent of this grading ordinance is to assure that the design and implementation of all grading projects shall: A. Avoid scarring and other adverse visual impacts resulting from cut, fill and any other type of ground disturbance; and B. Blend with the natural contours of the land; and C. Restrict the area of disturbance and volume of material displaced to the minimum amount necessary to implement the planned development; and D. Limit mass grading to residential subdivisions with an average lot size of 10,000 square feet or less; and E. Employ measures that: 4 1. Ensure that graded hillside, slopes or other areas subject to erosion are stabilized; and 2. Reduce the erosion effects of storm water discharge, preserve the flood-carrying capacity of natural or constructed waterways by limiting soil loss, and protect drainageways from siltation; and 3. Minimize dust pollution and surface water drainage from graded areas during grading and development; and 4. Ensure that proposed development activity is designed and implemented to avoid adverse impacts and appropriate restorative measures; and 5. Encourage phased projects,to preserve natural contours and vegetative communities until such time as grading must necessarily occur on a site. 5 ARTICLE 15-2 APPLICABILITY This ordinance shall apply to all grading operations, for which applications are received subsequent to its adoption date ( ), unless exempted by Section 15-204 below. If a conflict between this, and any other Town ordinance exists, the more restrictive shall apply. This grading ordinance shall not be construed to prevent the enforcement of other laws that prescribe more restrictive limitations, nor shall the provisions of this ordinance be presumed to waive any limitations imposed by other Town ordinances. The design, implementation and mitigation of grading regulated by this ordinance shall be reviewed prior to the issuance of any grading permit, to ensure full compliance with the regulations, requirements and specific standards as set forth herein. Grading permits must be obtained, after plan approval, as follows: Sec. 15-201 Type 1 Grading Permit A Type 1 Grading Permit is required for the following: A. A residential development on a single lot, other than those defined as Type 2 or 3. B. Alteration of existing stabilized slopes of 3:1 or greater, on a residential lot. C. Addition of paved areas such as concrete or asphalt, in excess of 1,000 square feet on a residential lot. D. Import and stockpiling of 100 cubic yards or more of earthen materials on a residential lot. E. Clearing vegetation from a residential lot, which encompasses an area of 1,000 square feet or more. Sec. 15-202 Type 2 Grading Permit A Type 2 Grading Permit is required for any new public or private street or roadway, a commercial, office or resort project, or any residential development consisting of more than two platted lots. NOTE: Mass grading, as defined herein, shall be permitted only for new residential subdivisions, with an average lot size of 10,000 square feet or less (R1-10, R1-7, SDH-6 zoning designations). Mass grading on lots between 10,000 and 15,000 square feet is allowable with an Exmption pursuant to Section 15-501. Sec. 15-203 Type 3 Grading Permit A Type 3 Grading Permit is required for stockpiling of earthen materials. A Type 3 grading permit shall be required for the installation of utilities and other infrastructure for which a Type 2 grading permit is not required. Utility and other infrastructure installation confined to the Town of Oro Valley right-of-way and requiring a right-of-way permit will not be required to obtain a Type 3 grading permit. However, a grading plan pursuant to section 5-3.A. shall accompany the right-of- way permit application. Department of Public Works staff may waive the requirements for the grading plan should staff determine that the scope of the grading activity not warrant such a plan. Sec. 15-204 Exemptions to this Ordinance The following activities are exempted from this ordinance: A. The clearing, brushing or grubbing for activities exempted in this subsection; B. Stockpiling of less than 100 cubic yards of uncompacted earth material; C. Resurfacing or maintenance of an existing paved surface; D. New pavement of less than 1,000 square feet; E. Individual sewage disposal system with a Pima County Department of Environmental Quality permit; F. Excavation below finished grade for a basement, foundation, wall or swimming pool authorized by a building permit or zoning construction permit; G. Exploratory excavation under the direction of a soil engineer or engineering geologist provided all excavation is properly backfilled. Whenever possible, such exploratory excavation and testing shall be conducted only in areas which have been previously disturbed; H. Archaeological exploration conducted under state permit by a qualified archaeologist; I. Removal of selected individual plants for storage and replanting; J. Grading for the maintenance of an existing private access, road or driveway, provided that it either existed prior to adoption of, or was established in conformance with, this ordinance. 7 ARTICLE 15-3 SUBMITTALS AND PROCEDURES FOR TYPES 1,2,AND 3 GRADING PERMITS Sec. 15-301 Type 1 Grading Permits A Type 1 GradingPermit requires a completed grading permit application, a grading plan and soils reporthydrologystudy A h drolo and Floodplain Use Permit may be required when deemed necessary by the Town. A Type 1 Grading Plan Requirements 1. Plan submittal shall be in the form of one set of right reading sepias, and shall be drawn to a 1" =20' scale. 2. Grading plans shall be prepared by a registered Civil Engineer, Architect or Landscape Architect, where 15% or greater slopes occur on a lot and/or where the average cross-slope of the building pad is greater than 6%. 3. Plans shall include topography on 1 foot or 2 foot contour intervals, tied to a recognized benchmark, as prepared by a Civil Engineer or Registered Land Surveyor. 4. The exterior boundaries of the site, including length of property lines and bearings. 5. Include location of all existing and proposed utilities. 6. Show location of existing streets or easements, and proposed point of entry and access roads to the grading site. 7. Show the existing and proposed finished grades of the area to be graded, including spot elevations and/or revised contours. 8. Indicate the extent of graded areas, shaded and labeled "Graded Area", and location of structures to be constructed. 9. The existing grade at the primary building corners of all structures and proposed finished floor elevations; and the proposed building heights, shown to conform with height restrictions as specified in the Town Zoning Code. 10. A sectional cut through the proposed structures on a line perpendicular to the slope; showing existing grade relative to proposed finished floor and building heights. 11. The location and type of proposed mitigative measures such as revegetation, rip-rap or retaining walls. Slope interceptor drains shall be a part of the submittal design when slopes exceed 2:1 and when slopes in excess of 1.5:1 terminate at the top of retaining walls. 8 12. An interim (temporary) erosion control plan per Section 15-406 shall be submitted with thep ermit application and grading plan. The interim erosion control devices shall be installed prior to commencement of grading activity. 13. Details showing mitigative measures where driveways cross natural or constructed drainageways (where applicable). B. Type 1 Grading Permit Application and Review The Grading Permit application, grading plan, and other required materials shall be submitted for review to the Town of Oro Valley. The Grading Permit application shall be completed and signed by the owner or owner's authorized representative. A deposit is payable to the Town upon application for review. Final payment shall be made upon approval, in accordance with the fee schedule adopted by the Town Council (Resolution No. or as later amended). Theg rading plan will be reviewed for consistency with the applicable regulations and standards, and if approved, a grading permit will be issued. The grading permit may be issued with additional conditions as deemed necessary by the Town. If determined to be inadequate, the materials submitted will be returned for corrections. The applicant may resubmit, without additional fees, corrected plans, or materials necessary to conform to submittal requirements. C. Type 1 Grading Permit Issuance and Expiration Upon issuance of a grading permit, a copy of the permit and approved plan shall be kept in a conspicuous and accessible location on the site. A grading permit shall be null and void if the authorized work has not been completed within 180 days of permit issuance. D. Type 1 Grading Permit Extensions and Reapplication Upon written request by the permit holder, the Town may grant a single extension up to 180 days. Requests must be submitted prior to the date of expiration. Consideration will be given to extension requests when quantifiable evidence is submitted. A reapplication for a grading permit shall be treated as a new application, fees and additional conditions may be imposed as a result. E. Type 1 Inspections Pre-grading (when required by subdivision plat notes): The inspector will verify limitations for g g 9 building pad and other areas to be graded, and identify vegetation required to be salvaged. The gradinglimitations must be staked or otherwise clearly identified prior to inspection. Rough grading (to be done prior to construction of residence): The inspector will verify grading to g be within limitations of approved plans. Certification of the building pad elevation by a registered land surveyor or civil engineer shall be presented to the inspector at this time. Finalradin (to be done prior to final building inspection): The inspector will verify that all g g prescriptive requirements of the approved grading/site plan have been satisfied. F. Type I Incomplete Final Grading; Temporary Occupancy In the event that the final grading cannot be completed in its entirety, an assurance, in a form acceptable to the Town, may be posted to allow inspection and occupancy of the residence. This o assurance shall be in an amount equivalent to 120% of the cost to complete the work as shown on the approved grading plan and/or in compliance with this ordinance. A cashier's check made payable to the Town of Oro Valley is an acceptable form of assurance for this purpose. The determination of the cost of the remaining work shall be by bids acquired by the permittee. The building official shall make the final judgement as to the adequacy of the assurance amount. If the balance of the work has not been completed within 120 days of the date of the temporary certificate of occupancy,the Town may use the assurance to complete the work. When an assurance is to be posted as a temporary substitute for a final grading inspection, it will still be necessary to have adequate drainage away from the structure. In addition, temporary or permanent means of preventing silting onto public rights-of-way will be required . Sec. 15-302 Type 2 Grading Permits A Type 2 grading permit application requires a grading plan (prepared by or under the supervision of a registered civil engineer) approved by the Town, soils report and a completed grading permit application. Where applicable and not otherwise submitted, drainage improvement plans shall be required also. A. Type 2 Grading Plan Requirements: All Type 2 grading plan submittals must address, or include,the following information: 1. The existing and proposed finished grade contours prepared by a qualified civil engineer, or sufficient spot elevations for construction and drainage flow determination (with additional information pursuant to Section 15-302A. no. 2 below if applicable) of the area to be graded, one or two-foot contour intervals for slopes up to 15 percent. All slopes over 15 percent shall be identified on the grading plan. Said plan shall be prepared at a scale of 1 inch = 40 feet unless some other scale is approved by Town staff. 2. The extent of graded areas shall be clearly identified and labeled "graded area" and where structures are to be constructed,the following shall be included on the plan:10 a. Spot elevations shall be shown for finished grade within the building envelope; and b. All building pads shall be labeled/identified, showing the existing grade at thep rimary building corners, and proposed finished floor elevations; and c. To ensure adequate drainage on individual mass graded lots and to minimize the effects of drainage on individual single family residences (SFR), the minimum finished floor elevation (FFE) for a SFR shall be determined as follows: A difference of ten (10) inches plus 1% shall be established between the drainage discharge (low) point on the property line and the FFE for the corner of the SFR farthest from said low point. See illustration 9-1.C. 3. Theg eneral topography for 100 feet beyond the perimeter of the site, or as specified by the Town. 4. A description of the interim (temporary) erosion and storm water pollution mitigation and drainage control methods to be used, including elevations, dimensions, quantities and locations must be provided. Such controls must remain in place, and be maintained during the entire grading operation and until such time as theJro'ect is complete and the site permanently stabilized to the satisfaction of p the Town. Also see Section 15-406. 5. The exterior boundaries of the site, the basis of bearing and a benchmark to establish the vertical datum. 6. The extent and manner of preserving, relocating, clearing and disposing of vegetation. 7. The final ground cover, revegetation, erosion control and proposed methods for cut or fill stabilization, based upon the soil report, and in compliance with the approved landscape/buffer yard plans. 8. Access roads, haul routes and points-of-entry to the grading site. 9. If drainage improvement plans have not been submitted separately, or if interim drainage conditions exist because of project phasing, plans for: a. drainage or other protective devices to be constructed as part of the grading; b. the drainage area and estimated runoff of the area served by drains. 10. A letter from either the Arizona State Museum, the State Historic Preservation Office, or an archeologist registered with the Arizona State Museum stating the 11 probability of archeological resources being discovered on the site, and the agency or individuals recommendation as to whether an archeological survey is needed. Should a survey be required,the results shall be submitted to the Town. 11. The off-site disposal location and estimated quantity of earth material to be removed from the site during grading. 12. For all sites subject to coverage by the National Pollution Discharge Elimination System (NPDES) Permit, a copy of the "NOTICE OF INTENT" of industrial activity, filed with the United States Environmental Protection Agency (EPA) shall be provided. Additionally, a copy of, or description of, the "STORMWATER POLLUTION PREVENTION PLAN" required by EPA shall be provided. 13. The grading plan submittal shall (if applicable) conform to rezoning site analysis, any conditions placed on rezoning (if applicable) and any conditions imposed on development plan,preliminary or final plat approval. 14. A registered civil engineer shall seal the grading plan. 15. The applicant shall pay appropriate review fees adopted by Town Council Resolution. B. Type 2 Soils Report Requirements 1. The report shall contain all geotechnical engineering information and recommendations applicable to the project and shall be sealed by the soil engineer prior to submittal. The minimum geotechnical information to be included in the report is as follows: a. Soil stability, angle of shear, and maximum recommended slope ratio of all proposed cuts or fill; b. Erosion vulnerability of all graded areas and created slopes; c. Storm water siltation potential of soils for all graded areas and created slopes; d. Description of soil constraints on the structural design of all foundations, footings and walls as well as recommended design for said foundations, footings and walls; e. Recommended compaction treatment of all fill areas; f. Identification of any potentially hazardous geotechnical areas where construction is proposed; g. Recommended treatment for stability, erosion and siltation control of all graded areas and created slopes; h. Determination of a pavement design section for roads, driveways and parking areas. i. Soil classification and design bearing capacity shall be included in the soil report for all areas where structures are proposed. 12 2. The civil engineer responsible for preparing the grading plan shall adhere to recommendations of and make reference to the soils report in the grading plan and statement. Report recommendations shall become conditions of the grading permit. 3. The applicant's project soils engineer shall provide to the Building Official a copy of the soils report and soil test results that confirms the foundation sub-base requirements have been met. C. Type 2 Grading Permit Application 1. The grading permit application, grading plan and other required materials shall be submitted to the Town for review and approval. 2. The grading permit application shall be completed and signed by the property owner or his/her authorized representative. 3. Permit fees are payable to the Town in accordance with the fee schedule adopted by the Town Council. 4. At the discretion of the Town, grading assurances may be required in the form of assurance or other security acceptable to the Town. In the event that grading is not completed as approved,the assurances may be applied to: a. eliminate potential hazardous conditions; or b. mitigate the effects of dust, drainage, erosion, visual scars or hazardous conditions in a manner acceptable to the Town. D. Type 2 Grading Permit Application Review 1. Grading plans and related submittals will be reviewed concurrent with the final plat or development plan (submitted after DRB approval), plant salvage and landscape plan for the project. 2. Grading plans, soils and drainage reports will be reviewed for consistency with applicable regulations and standards, plant salvage and landscape plans and any conditions imposed upon rezoning, development plan or subdivision plat approval. Plans determined to be inadequate or incomplete will be returned for correction and resubmittal. Where inconsistency between plans is evident, the appropriate plan will be resubmitted for review and approval. 3. The Town will provide written review comments and/or redlined plans to the applicant upon review. Should the grading plans need to be resubmitted three (3) or more times for review by the Town, the applicant shall be required to pay an additional review fee at the time of the third, and each subsequent, resubmittal of the grading plans for review by the Town. 13 4. Prior to approval of the grading plan, soils report and drainage report, the Town may inspect the site to determine that the submittals are current and reflect existing conditions. 5. The Town shall require the plans and specifications to be modified to make them consistent with this code and/or any prior conditions placed upon approval of the project. A grading permit may be issued with additional conditions. 6. When the grading plans (and improvement plans) meet applicable Town codes to the satisfaction of the Town,the Town Engineer will sign the approval block on said plans. E. Preliminary Grading Plan 1. A preliminary grading plan, shall be submitted concurrently with the initial submittal of a preliminary plat and development plans. 2. The preliminary grading plan shall provide (but is not necessarily limited to) the following: a. Limits of grading b. Estimated maximum height of cuts and fills c. Finished slope for cuts and fills d. Existing topography at a minimum 2 foot contour interval e. Sufficient spot elevations(or contour lines) for proposed graded areas f. Interim erosion control plan g. Other information as required by the Town based on conditions particular to the property proposed for development. F. Type 2 Grading Permit Issuance and Expiration 1. Issuance: Grading permits may not be issued by the Town until the Town Council has approved the final plat or development plan and the necessary assurances have been posted. A copy of the permit and approved plan shall be kept in a conspicuous and accessible location on the site. The following list includes, but is not limited to, the items required to be approved or on file with the Town prior to issuance of the grading permit: a. Proof of Review Fee payment b. Soils report c. Salvage per approved salvage plan d. Landscape Plan/Landscape Assurances e. Hydrology Report f. Proof of submittal of EPA N.O.I. in accordance with the U.S. g. Environmental Protection Agency requirements h. Storm Water Pollution Prevention Plan 14 i. Grading Permit application j. Approved improvement plans k. Archeological Clearance letter 1. Restoration Assurance m. Pavement design report n. Copies of recorded easements/letters of agreement o. Executed assurances. 2. Expiration: A grading permit shall be null and void if the authorized work has not been completed within 12 months of permit issuance. 3. At the discretion of the Town, a preliminary Type 2 grading permit may be issued prior to final plat or development plan approval by the Town Council for the purposes of clearing, brushing and grubbing only, provided: a. The Town staff has reviewed the grading plans and determined that said plan is viable; and b. Thep reliminary grading will occur in accordance with the approved preliminary grading plan (Section 15-302E.) and no clearing, brushing or grubbing will take place within 25 feet from the boundaries of the future development envelope, exclusive of approved entry points; and c. Restoration assurance for the preliminary grading are collected pursuant to Article 4-9 Oro Valley Zoning Code Revised prior to issuance of the preliminary permit; and d. The Town has received a copy of an archeological clearance letter; and e. Town staff members responsible for signing/approving the preliminary grading permit concur with issuance of the preliminary grading permit. G. Type 2 Grading Permit Extension and Reapplication Upon written request by the permit holder, the Town may grant a single extension up to 180 days. Requests must be submitted prior to the date of expiration. Consideration will be given to extension requests when quantifiable evidence is submitted. A reapplication (after the one time extension) for a grading permit shall be treated as a new application and additional conditions may be imposed as a result. H. Changes to Type 2 Grading Permits 1. Hazardous conditions: If drainage problems, flood hazards or other hazards occur, the Town may require that engineering modifications be submitted in a report and that the grading design be modified. 2. Non-hazardous conditions: If unanticipated non-hazardous conditions are encountered during grading, which are beyond the scope of the grading permit, the permit holder may request engineering modifications in a report to be reviewed and approved by the Town. 15 Type 2 General Inspections 1. All grading which requires a Type 2 grading permit will be inspected by the Town. The grading permit applicant (or applicant's representative) shall request that a representative of the Town inspect or be on site for the following: a. Limits of grading and temporary fencing to protect natural areas; and b. Rough grading to be done prior to construction of the project. The inspector will verify grading to be within the limitations of approved plans. Certification of the building pad elevation by a registered land surveyor or civil engineer shall be presented to the inspector at this time; and c. Aggregate base course (ABC) material prior to paving and during compaction testing of the same; and d. Paving of public and private streets and compaction/material testing of the same; and e. Open water line (and other utilities as specified by the Town) trenches and backfill materials prior to burial of trench; and f. Any grading activity in addition to what was approved on the grading plans; and g. Stockpiling areas on or off-site; and h. Any specific grading activities or areas identified by the Town at the pre- construction meeting (held between staff and'the contractor at the time of permit issuance) or during the course of construction activities; and i. Any on-site and off-site compaction testing or asphalt coring. 2. The permit holder shall provide the Town with an inspection request notification at least 24 (preferably 48) hours prior to (or as specified on the grading permit) the time the inspection is needed. 3. The Town will provide an inspector within two (2) working days from the time the inspection request is received, with the exception of the final grading inspection done in conjunction with the release of assurances. 4. The final grading inspection shall be done with the release of assurances for civil work or finalization of the project. Final grading inspections may be warranted at an earlier point in the project process. 5. If the Town finds site conditions are not as stated in the approved grading permit conditions or approved grading plan, the Town may order work authorized by the grading permit to stop pursuant to Sections 15-603 through 15-606 . 16 6. Wheneverg rading work requiring Town inspection is concealed by additional work without first having been inspected, the Town may require by written notice, that such work is: a. Exposed, for inspection by the Town, at no cost to the Town; or b. Certified by the project civil engineer as being in conformance with approved plans and applicable regulations. J. Type 2 Final Grading Inspection 1. All required grading work shall be completed in accordance with the grading permit prior to final grading inspection by the Town and full release of assurances or final release of the project. 2. Where conditions of a grading permit or grading plan include the establishment of vegetation or other final site grading work that extends beyond the expiration of the grading permit, the Town will make inspections per Sec. 14-210 of the Oro Valley Zoning Code Revised. K. Type 2 Maintenance of Revegetation The Maintenance of revegetated areas shall be in accordance with Section 14-211, Oro Valley Zoning Code Revised. Sec. 15-303 Type 3 Grading Permit A Type 3 grading permit is required to ensure restoration of areas disturbed by the installation of utilities. A Type 3 grading permit is also required to stockpile fill material. A Type 3 grading permit application requires a grading plan and additional plans or permits, when deemed necessary by the Town. A. Type 3 Grading Plan Requirements 1. The plan shall be drawn to a minimum 1" = 40' scale, unless the Town approves another scale prior to submittal. 2. Approximate topography 1' or 2' intervals 3. The plan shall show the location of the site relative to subdivisions, parcel boundaries, roads, washes and other geographic features as necessary to locate the project site. 4. Show the extent of proposed grading activity. 5. Show the type and location of temporary erosion and drainage control devices. Also see Section 15-406. 17 6. Show the type and location of permanent restoration and erosion control measures. 7. Provide a narrative of the work to be done, temporary erosion and drainage control to be implemented, permanent restoration of the site, start and completion date of the project. In the case of material left as a stockpile, include the source of the fill and the proposed stockpile height(not to exceed 6'). B. Type 3 Grading Permit Application and Review 1. The grading permit application, grading plan, and other required materials shall be submitted to the Town of Oro Valley for review. 2. The grading permit application shall be completed and signed by the owner or the owner's authorized representative. 3. Payment shall be made upon approval of the permit, in accordance with the fee schedule adopted by the Town Council. 4. The grading plan will be reviewed for consistency with the applicable regulations and standards, and if approved, a grading permit will be issued. The grading permit may be issued with additional conditions as deemed necessary by the Town. 5. If determined to be inadequate, the materials submitted will be returned for corrections. The applicant may resubmit the corrected plans or materials necessary to conform to submittal requirements without additional fees. 6. A restoration assurance for grading shall be collected pursuant to Article 4-9 Oro Valley Zoning Code Revised. C. Type 3 Grading Permits Issuance and Expiration Upon issuance of a grading permit, a copy of the permit and approved plan shall be kept in a conspicuous and accessible location on the site. A grading permit shall be null and void if the authorized work has not been completed within 180 days of permit issuance. D. Type 3 Grading Permit Extension and Reapplication Upon written request by the permit holder, the Town may grant a single extension up to 180-days. Requests must be submitted prior to the date of expiration. Consideration will be given to extension requests when quantifiable evidence is submitted. A reapplication for a grading permit shall be treated as a new application and additional conditions may be imposed as a result. E. Type 3 Grading Permit Inspections 18 1. Prior to commencement of grading (or stockpiling), the Town shall inspect the site where said activity is to occur. The applicant shall clearly identify areas to be graded (or earthen material stockpiled). Vegetation to be salvaged shall be identified. 2. During construction grading activity, the Town may occasionally inspect to ensure erosion/drainage control measures are in place, functional and maintained. 3. Upon completion of grading activity, the Town shall inspect to verify that all prescriptive requirements of the approved grading plan and permit have been satisfied. The Town will do a similar inspection upon removal of stockpiled material. ARTICLE 15-4. GENERAL GRADING REQUIREMENTS AND NOTES Sec. 15-401 Cut and Fill Limitations Cut and fill slopes shall meet the following requirements: A. The maximum depth of a cut or fill shall not exceed six (6) feet measured vertically from the existing grade to the finished elevation. The depth of a cut or fill slope may be increased to 8 feet when terracing is utilized in conformance with Illustration 9-1.D. The terraces shall be landscaped to the satisfaction of the Town. For any construction, the height of exposed, constructed slopes shall not exceed twelve (12) feet in vertical dimension. Should a PAD (Planned Area Development), existing at the time of adoption of this ordinance, have conflicting cut and fill limitations, the PAD limitations shall govern grading operations within the PAD area. B. Cut or fill slopes 3:1 (horizontal:vertical) or less steep shall be revegetated. Revegetated sites shall be irrigated to establish growth on the slope. Irrigation may cease when plant growth is established to the satisfaction of the Town or after one year after expiration of the grading permit. At the Town's discretion, the Town may retain sufficient funds from the restoration or landscape assurance to ensure revegetation of slopes again, should the initial revegetation efforts fail to become established to the satisfaction of the Town. C. Cut or fill slopes 2:1 or less steep (but steeper than 3:1) shall be rock rip-rapped with filter fabric installed beneath the rock. Filter fabrics used shall meet specifications found in the latest edition of the "Pima County - City of Tucson Standard Specifications for Public Improvements". D. Cut or fill slopes steeper than 2:1 shall have grouted rip-rap or retaining walls as appropriate. No slope shall exceed 1:1. E. Alternative methods of stabilization may be allowed if in accordance with a registered geotechnical (soils) engineer's recommendation and approved by the Town. 19 F. Fill shall be compacted and soil tested in accordance with a soil engineer's recommendations and compaction tests shall be presented to the Town for the permanent record. G. Any structure used to retain slopes shall be designed to blend with the surrounding natural colors of the native rock and soils of the site. The surface shall be rough textured with heavy shadow patterns, which may be achieved by color treated or veneered surfaces (or other methods approved by the Town). H. It shall be unlawful to dump or push dirt of any quantity over an existing slope (unless approved as part of a Type 1, 2 or 3 Grading Plan). Sec. 15-402 Site Revegetation and Stabilization A. All graded areas, except those to be used for agriculture or livestock purposes, shall be revegetated, stabilized and/or constructed prior to the expiration of the grading permit. Should the graded area not be revegetated and/or stabilized per approved grading plans or permit conditions at the time of expiration, the applicant shall have sixty days from the date of permit expiration to revegetate and/or stabilize per approved plans and permit conditions. Note: The graded areas shall be revegetated with native materials approved by the Town. If after the 60 day period the applicant has not revegetated and/or stabilized graded areas, the applicant is in violation of this ordinance. The Town may use the posted restoration assurance to restore the native vegetative community or complete the revegetation and stabilization per the approved grading plan. B. The applicant shall provide the Town with an assurance in a form approved by the Town (See Sec. 4-903) equal to 120% of the monetary amount necessary to hydroseed and revegetate cut/fill slopes or graded areas. Said assurance shall be posted prior to final plat recordation or, if a non-residential project is involved, prior to any site disturbance. The assurance shall be held until such time as the grading operation, infrastructure installation, building construction is completed to the satisfaction of the Town, or until such time as the project is deemed abandoned. If, after 12 months from the date of commencement of work, revegetation efforts fail to establish growth to the satisfaction of the Town, the Town may use the assurances to revegetate or apply other erosion control methods to cut/fill slopes or the graded area. Upon request by the applicant, an inspection will be performed by the Town for consideration of the release of the restoration assurance. The first inspection shall be at no charge. All subsequent inspections will be per the fee scheduled adopted by the Town. Sec. 15-403 Driveways All driveways shall be paved with a durable asphalt, concrete, brick, aggregate or other surface that will maintain a dust free condition. 20 Sec. 15-404 Slope Setbacks The Town may increase the following slope setbacks, if considered necessary for safety or stability, or to prevent possible damage from water, soil or debris: A. Top of cut slope: The top of cut slopes shall be made not nearer to a site boundary line than one-fifth (1/5) of the vertical height of cut, with a minimum of two (2) feet. The setback may need to be increased for any required interceptor drains. B. Toe of fill slope: The toe of a fill slope shall be made not nearer to the site boundary line than one-half(1/2)the height of the slope, with a minimum of two (2) feet. C. Building: Buildings shall be set back from the toe and top of slopes in accordance with the building codes (minimum 5 feet, see Illustration 9-1.A) and the approved soils report. In addition,the building setbacks of the applicable zoning district shall apply. D. Rights-of-way: The required setback of a slope toe adjacent to a public right-of-way may be reduced with the approval of the Town, if there will be no adverse effect and: a. easements are not required; or b. retaining walls are used. Sec. 15-405 Restriction of Slope Development New subdivisions shall not create lots where access to any individual lot requires crossing a natural occurring slope that is 25% or steeper. Nor shall new subdivisions be created where the actual building area for homes or buildings would require grading activity on slopes of 25% or steeper. For the purposes of this ordinance, a regulated 25% slope is one that is a minimum of 6 feet vertical from toe to top edge, and any 25% sloped area greater than thirty (30) feet in any horizontal direction. The design for new subdivisions shall be created to avoid construction on natural occurring slopes 15%or greater. For the purposes of this ordinance, a regulated 15% or greater slope is one that has a minimum vertical difference of 6 feet from its toe to top edge, and the 15% or greater sloped area extends for a distance greater than thirty (30) feet in any horizontal direction. On parcels or lots with 15% or steeper slopes, any grading on said slopes shall be consistent with restrictions in the Oro Valley Zoning Code Revised, Hillside Development Zone, Article 10-1 of the Oro Valley Zoning Code Revised. The applicant shall also submit slope and soils analysis report prepared by a qualified registrant. The report is necessary to determine that construction on the slopes can be accomplished in a safe manner, and that grading activity and the finished product will not create a hazard to the land owner nor create a hazard or nuisance to adjacent property owners. At a minimum, said report shall provide a foundation design, suggest construction methods to minimize disturbance to the slope and provide a design for drainage and erosion control facilities to be installed during and after construction. 21 Sec. 15-406 Erosion Control Systems A. Permanent systems: 1. Permanent erosion control measures shall be implemented and properly maintained to prevent erosion of slopes, and cleared,brushed, grubbed or graded areas. 2. Where cut slopes are not subject to erosion due to the erosion-resistant character of the native materials, erosion control may be omitted upon approval by the Town. 3. Stabilization devices to prevent erosion or sediment deposition on off-site property may be required by the Town. 4. The shoulders of a paved public or private roadway shall be protected against erosion wherever curbing or constructed spillways are not provided. 5. Surface drainage: a) cut and fill slopes shall be protected from erosion by surface drainage with appropriately designed methods(e.g. surface drainage interceptors); b) drainage control shall be provided to keep drainage away from foundations; c) any grading activities within a regulatory floodplain shall be compliant with the Oro Valley Floodplain Management Ordinance. d) Subsurface drainage: Should subsurface drainage be encountered or expected by the soils engineer or the Town, then appropriate measures shall be employed to ensure stability and protection of affected properties from ground water seepage. Methods used to minimize impact by subsurface drainage/seepage shall be approved by the Town prior to installation. B. Interim systems: Plans for interim erosion control systems shall be submitted with all grading permit applications and shall be approved by the Town. Erosion control measures shall be implemented and properly maintained to prevent erosion of slopes, and cleared, brushed, grubbed or graded areas. Stabilization devices to prevent erosion or sediment deposition on adjacent roads and off-site property shall be required. The applicant shall be responsible for the control of dust emissions and shall use appropriate dust control measures. Applicants who are required to submit an U.S.E.P.A. Notice of Intent (NOI) for coverage under the National Pollution Discharge Elimination System (NPDES) for their project shall provide a copy of the NOI and the Storm Water Pollution Prevention Plan (SWPPP)to the Town prior to issuance of a grading permit. Sec. 15-407 Import and Export of Earth Material A. Loading of earth material shall occur only within the time limits of Subsection 15-408 below, and dust emissions shall be controlled through appropriate dust control measures. 22 B. The transportation of earth material on or across public rights-of-way shall be done in a manner that minimizes blowing soil and other hazards. Sec. 15-408 Hours of Grading A. Grading equipment operation within one-half(1/2) mile of an occupied residential structure shall only be conducted between 6:00 a.m. and sunset Monday through Friday. Grading equipment operation shall only be conducted between the hours of 8:00 a.m. and 5:00 p.m. on Saturdays and Sundays. B. Equipment maintenance involving lights, motors or generators, and occurring within 600 feet of an occupied residential structure, shall not be conducted after sunset, nor before 6:00 a.m. C. The Town may allow grading equipment operation or maintenance during other hours, if such operations are not detrimental to the health, safety or welfare of the residents of surrounding properties. D. Permitted hours of operation or maintenance may be shortened by written notice to the permittee, if the Town finds a substantial adverse effect on the health, safety or welfare of the surrounding community. Sec. 15-409 Phased Grading For all subdivisions containing 75 lots or more, with an average lot size of less than 10,000 square feet, a phased grading plan shall be required with the preliminary plat submittal. The Development Review Board shall review this plan. The Development Review Board shall forward their recommendation to the Town Council for their consideration. For all projects 10 acres or larger requiring development plans, a phased grading plan shall be required with the preliminary submittal. This plan shall be reviewed by the Development Review Board and approved by the Town Council. In considering the phased grading plans, the Development Review Board will review documentation and testimony leading to the following: • A balance in cut and fills, • Efficient installation of infrastructure, • Minimal need for stockpiling earthen material for more than six (6) months, • Minimize the time that graded areas remain exposed, preferably not more than one(1)year. Sec. 15-410 Restriction of Vehicles A. No vehicles or equipment shall encroach onto areas designated to remain in a natural state on the approved final plat, development plan, grading, landscape or native plant salvage plans. B. Points-of-entry to the site during grading shall be only as designated on the approved grading plan. 23 C. Access roads to the site during grading shall be only as designated on the approved grading plan. Sec. 15-411 Additional Requirements grading,A. Duringradin , and until revegetation or stabilization has taken place, dust shall be minimized through application of approved dust controls in accordance with Section 13-603 of the Oro Valley Zoning Code Revised. B. Public rights-of-way, sidewalks and other improvements shall be maintained during grading g in a neat and clean condition, free of loose soil, mud, construction debris and trash. Any damaged areas shall be restored to original appearance at no cost to the Town of Oro Valley. C. Debris, fill or equipment shall not be stored within a public right-of-way without a right-of- way use permit from the Town. D. If applicable, archaeological exploration and mitigation work, as recommended by a qualified archaeologist (see Sec. 15-302A, no. 10), shall be performed prior to commencement of grading operations on the affected portion of the site. If, during the gradingphase of construction, unexpected archaeological findings are encountered, said gradingshall cease and the grading permit shall be temporarily suspended until the significance of said finding is determined and mitigation is provided by a qualified archeologist. The analysis of any finds shall be provided to the Town prior to reactivation of the grading permit, granting occupancy permits or release of Assurances. The expiration date of a reactivated grading permit may be extended for a period equal to the time of suspension necessary to complete archeological work. E. Adjoining property(ies) shall be protected in such a manner as to prevent damage to said property(ies). Protection from caving, settlement and other similar occurrences shall be the responsibility of the permitee (see Sec. 15-602, Liability). 24 ARTICLE 15-5 EXCEPTIONS AND INTERPRETATION REVIEW Sec. 15-501 Exceptions A. Scope: An exception from a provision of this Grading Ordinance may be applied for, and may be granted by the Town of Oro Valley Development Review Board when the intent of this ordinance can be met by other means and when strict application of these provision could require unnecessary disturbance to the land, would create a hazard to adjacent property, would be materially detrimental to persons residing in the vicinity or would be materially detrimental to the public welfare in general. B. Standards: The Development Review Board (DRB) will review all applications for grading exceptions at scheduled public hearings. When reviewing requests for grading exceptions, the DRB shall consider the five standards listed below. The DRB may grant a grading exception if, after reviewing the evidence associated with the exception request, it finds that a majority (3 or more) of the five standards listed below have been met. 1. That there are special circumstances or conditions applying to the property referred to in the application including its size, shape, topography, location or surroundings which do not apply to other properties in the district; and 2. The special circumstances were not created by the owner or applicant; and 3. That the authorizing of the exception is necessary to allow improvement of the property; and 4. That any exception granted imposes such conditions as will assure that the authorizing of adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; and 5. That the authorizing of the exception will not be materially detrimental to persons residing in the vicinity, to adjacent property, to the neighborhood or the public welfare in general; and C. Conditions: At the Development Review Board's discretion, conditions may be imposed on the exception that will: 1. Assure that the intent and purpose of this chapter are met; and 2. Provide adequately for the protection of surrounding property owners and residents; and 3. Provide mitigation of scarring and restore the site to a natural appearance in terms of contours and vegetation, where possible. D. Application: The request for exceptions shall be made on a form provided by the Town and may be heard within 60 days. Hearing fees shall be required. E. Review and notice: The Development Review Board will hold a duly noticed public hearing on the exception request and notice of the hearing will be mailed to all property owners within 300 feet of the grading site prior to such hearing. 5 hearing on the exception request and notice of the hearing will be mailed to all property owners within 300 feet of the grading site prior to such hearing. F. A decision of the Development Review Board may be appealed within 20 days of the decision to the Mayor and Council. Sec. 15-502 Requests for Interpretation A. Scope: Upon request, the appropriate Town representative shall render an interpretation of the regulations of this Chapter. Should any person be aggrieved of said interpretation, a request for review of that interpretation may be made to the Development Review Board. At a subsequent meeting, the Development Review Board shall review the interpretation in the matter and render its decision, either to uphold the interpretation, or to make a different interpretation of this Chapter. B. The request for review of an interpretation shall cite: 1. The disputed interpretation; 2. The words alleged to have been misinterpreted. C. Application: The request shall be made on a form provided by the Planning and Zoning Department and will be heard within 60 days. Hearing fees shall be required. D. Review and notice: The Development Review Board will hold a public hearing on the interpretation issue and notice of the hearing will be mailed to the applicant and any other interested, affected party (ies), subject to the Community Development Director approval. 26 ARTICLE 15-6 GRADING PERMIT AUTHORIZATION,LIABILITY, ENFORCEMENT AND PENALTIES Sec.. 15-601 Authorization to Proceed with Work The issuance of a grading permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the site plans and specifications as approved by the Town. The issuance of a permit, or the approval of drawings and specifications, shall not be construed to be a permit for, nor the approval of, any violation of, or deviation from, the provisions of this, or any other Town ordinance, code or regulation. A permit issued shall become invalid if, in the work completed, a violation of this article or deviation therefrom ensued. When such violation occurs, thep ermit shall be deemed to be canceled and the ground shall be restored to the condition it was in prior to start of the grading work. The issuance of a permit, based upon drawings and specifications, shall not prevent the Town from thereafter requiring the correction of errors in said drawings and specifications, or from stopping unlawful construction operations being carried on thereunder. The Town may require grading operations and project designs be modified if weather-generated problems occur that were not considered at the time the grading permit was issued. Sec. 15-602 Liability Neither the issuance of a permit under the provisions of this ordinance, nor the compliance with provisions hereof, or with any conditions imposed in the permit issued hereunder, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the Town for damage to other persons or property. Sec. 15-603. Enforcement A. The enforcement of this Grading Ordinance and conditions of the grading permit shall be in accordance with this section. B. If the Town makes a determination that non-compliance with the conditions of the grading permit, or any condition imposed by rezoning, plat or plan approval exists, the Town may issue a stop-work order and/or citation. Further, the Town shall hold in abeyance, by written notice, any/all Town review of other submittals related to the subject project and the issuance of Town permits for any aspect of it until remedial actions have received the written approval of the Town. 27 Sec. 15-604 Stop-Work Orders A. Whenever the Town determines that grading does not comply with this ordinance or the grading permit conditions, or that the soil or conditions are not as stated on the permit, the Town may order the work stopped by written notice served on any person engaged in doing or causing such work to be done, and/or issue a citation. Any such person shall immediately stop such work until written authorization is granted by the Town to proceed with the work. Sec. 15-605 Citations If deemed necessary and appropriate, citations for grading violations may be issued. The citation will be issued by the Community Development Director. The Town Engineer shall co-sign citations issued for grading violations occurring within Town right-of-way. Sec. 15-606 Penalties A. Failure to obtain a grading permit: Unless exempted by this ordinance, failure to obtain a grading permit prior to commencement of grading shall be a violation of this ordinance . However, the Town may issue an exception permit if the Town finds that an emergency existed which made it impossible first to obtain a permit. B. Violations: A violation of this ordinance may result in issuance by the Town of a stop-work order and/or a citation and penalties in accordance with paragraph C of this section. . Payment of fine shall not relieve any person from complying with the requirements of this ordinance. C. Penalties: Failure to comply with the approved grading plan, conditions of the grading permit, and/or grading not in compliance with this ordinance shall cause immediate revocation of all permits. At the Town's discretion, a permit may be issued for the purposes of getting the illegally graded site into compliance with the grading ordinance, for the purposes of re-establishing the grades approved on the grading plan, and for replacing and maintaining protected native plant materials or public property destroyed as a result of the illegal grading operation. New permits for continuing the project shall not be issued until the required fines are paid to the Town. The Planning and Zoning Director, upon consultation with the Town Engineer and/or qualified registrants in the landscaping or construction trades, shall recommend the extent of the restorative fines,based on the following: 1. Cubic yards of material, plus labor,to re-establish grades approved on the plan, 2. Replacement of protected native trees destroyed - $30.00 per caliper inch(measured 1 foot above the ground level (See addendum H to Article 14-1), 3. Saguaro Cacti - $200 per foot, 4. Other protected native cacti - $300 per specimen, 5. Material and labor to re-construct/repair damage to public property. 28 Determination of restorative fines for grading violations, pursuant to this section, shall be based upon the type, size, density, distribution, and condition of plant materials destroyed in the act of violating the grading permit requirements, upon the amount of earthwork required to restore the area, and upon the amount of repair necessary to public property where the violation occurred. Fines invoked for the destruction of native vegetation, as outlined above, may be determined upon inspection of the remains of the destroyed plant materials or other physical evidence as may be available. In addition to restorative fines, punitive fines may also be levied. Said punitive fines may be j excess of$100,000. 29 6. SECTION 9 ILLUSTRATIONS 9-1.A Cut/Fill/Setbacks 9-1.B Building Height 9-1.0 Site Improvement Standard (1)A Drainage Pattern (2) C Drainage Pattern 9-1.D Terracing/Drainage 30 ILLUSTRATION 9-B BUILDING HEIGHT EXCERPTS FROM THE ORO VALLEY ZONING CODE REVISED: BUILDING, HEIGHT OF shall mean the vertical distance measured from the grade found along the outside walls of a building to the highest point of the building, excluding any chimney. This definition applies only to a building footprint where the natural cross-slope is less than 6%. BUILDING HEIGHT (SLOPED AREA) shall mean the maximum vertical distance measured from natural grade to the highest point of the building directly above, excluding any chimney. This definition applies only to a building footprint where the natural cross-slope is 6% or more. 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