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HomeMy WebLinkAboutPackets - Council Packets (1624) AGENDA ORO VALLEY TOWN COUNCIL AND *BOARD OF DIRECTORS FOR ORO VALLEY WATER IMPROVEMENT DISTRICT NO. 1 REGULAR SESSION JANUARY 21, 1998 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 P.M. CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 6:00 P.M. 1. Pursuant to ARS 38-431.03 (A)(3) regarding the status of Pygmy Owl matter as a result of US Fish and Wildlife Service meeting with Pima Association of Governments 2. Pursuant to ARS 38-431.03 (A)(4) to obtain legal advice relating to litigation of MDWID/OV#1 v.s. City of Tucson (Settlement Agreement) RESUME REGULAR SESSION AT OR AFTER 7:00 P.M. CALL TO ORDER ROLL CALL UPCOMING MEETING ANNOUNCEMENTS - TOWN MANAGER ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes - 01/07/98; 01/14/98 B. Police Report - December 1997 C. Approval of Landscape License Agreement - Canada Hills, Villages 17 & 18 D. Acceptance of Project No. 02-0197, Lambert Lane/Autumn Hills Intersection Improvement and Incidental Work Thereof E. Acceptance of Project No. 03-0197, First Avenue Right Turn Lane and Incidental Work Thereof F. Acceptance of Project No. 05-0197, 1997 Slurry Seal Program and Incidental Work Thereof G. Acceptance of Project No. 13-1195, Golden Gem Place Street 01/21/98 Agenda, Council Regular Session 2 Reconstruction and Incidental Work Thereof H. Resolution No. (R)98-03 Approval of Bank of America Line Extension Agreement I. Resolution No. (R)98-04 Approval of Casas Adobes Baptist Church Line Extension Agreement J. Approval of request from James J. Flynn for right-of-way permit for temporary access from Linda Vista Boulevard to Lot 41, Logan's Crossing, 1121 W. Saddlehorn Place 2. PROJECT #W02-0298 - AWARD OF CONTRACT FOR WATER MAIN EXTENSION FOR NARANJA AND NORTH FIRST AVENUE (CONSIDERATION AND/OR POSSIBLE ACTION) 3. PUBLIC HEARING - ORDINANCE NO. (0)98-04 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING WATER UTILITY COMMISSION MEMBERSHIP AND AMENDING ARTICLE 3-6 AND SECTION 15-4-3 OF THE ORO VALLEY TOWN CODE (CONSIDERATION AND/OR POSSIBLE ACTION) 4. OV12-93-18 APPEAL OF DECISION OF DEVELOPMENT REVIEW BOARD DECISION REGARDING PUSCH RIDGE APARTMENTS REVISED ARCHITECTURE DENIAL (CONSIDERATION AND/OR POSSIBLE ACTION) 5. APPROVAL OF LEASE AND BLUE STAKE AGREEMENT WITH TUCSON ELECTRIC POWER COMPANY FOR THE INSTALLATION OF NEW LIGHTS IN THE PARKING LOT AT DENNIS WEAVER PARK (CONSIDERATION AND/OR POSSIBLE ACTION) 6. OV12-96-5A RANCHO VISTOSO NEIGHBORHOOD 5, PARCEL B, LOTS 90-157 AND COMMON AREAS A & B, (A RE-SUBDIVISION OF LOTS 90-144) FINAL PLAT (PROPERTY LOCATED IN THE NORTH-CENTRAL PORTION OF RANCHO VISTOSO, ON THE SOUTH SIDE OF RANCHO VISTOSO BLVD., JUST SOUTH OF NEIGHBORHOOD 12) (CONSIDERATION AND/OR POSSIBLE ACTION) 7. OV13-97-70 LA CANADA DRIVE IMPROVEMENTS AMENDED LANDSCAPE PLAN (CONSIDERATION AND/OR POSSIBLE ACTION) 8. OV13-97-70A LA CANADA DRIVE IMPROVEMENTS - NATIVE PLANT AND SALVAGE PLAN (CONSIDERATION AND/OR POSSIBLE ACTION) 9. ORO VALLEY PARKS AND RECREATION DEPARTMENT REQUEST FOR APPROVAL OF A SIGN WAIVER FOR DENNIS WEAVER PARK (CONSIDERATION AND/OR POSSIBLE ACTION) 01/21/98 Agenda, Council Regular Session 3 RECESS REGULAR TOWN COUNCIL SESSION CONVENE OVWID #1 BOARD OF DIRECTORS MEETING: 10. RESOLUTION NO. (R)98-05 APPROVAL OF LAWSUIT SETTLEMENT AND TRUSTEE AGREEMENT - MDWID AND OV#1 VS. TUCSON (CONSIDERATION AND/OR POSSIBLE ACTION) ADJOURN OVWID #1 BOARD OF DIRECTORS MEETING RESUME REGULAR TOWN COUNCIL SESSION TOWN MANAGER'S REPORT ENGINEER'S REPORT BUILDING OFFICIAL'S REPORT PLANNING & ZONING 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 POSTED: 01/16/98 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. - 5:00 p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, at 297-2591. 01/21/98 Agenda, Council Regular Session 4 Instructions to Speakers Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during Call to Audience, please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During Call to Audience you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. A 04) MINUTES ORO VALLEY TOWN COUNCIL AND *BOARD OF DIRECTORS FOR ORO VALLEY WATER IMPROVEMENT DISTRICT NO. 1 REGULAR SESSION JANUARY 7, 1998 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 P.M. CALL TO ORDER - 7:05 p.m. ROLL CALL PRESENT: Cheryl Skalsky, Mayor Paul Parisi, Vice Mayor Bill Kautenburger, Councilmember Frank Butrico, Councilmember Dick Johnson, Councilmember UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet announced the meetings for the upcoming week. 1. CONSENT AGENDA Mayor Skalsky pulled Consent Agenda Item D for discussion. MOTION: Vice Mayor Parisi MOVED to approve the Consent Agenda, Items A - C. Councilmember Johnson SECONDED the motion. Motion carried, 5 - 0. A. Minutes - 12/10/97; 12/17/97; 12/22/97 B. Approval of High Intensity Drug Trafficking Area (HIDTA) position for the Oro Valley Police Department as proposed by the Drug Enforcement Administration (DEA) C. Finance Department Report For Period Ending November 30th, 1997 D. 1998-99 Capital Improvement Plan (CIP) Technical Advisory Committee Report (PULLED FOR DISCUSSION) CONSENT AGENDA ITEM D: Mayor Skalsky stated that she was concerned with the listings as ranked and presented in the Capital Improvement Plan (CIP). She stated that preservation of the environment was ranked as a high priority by the Town's citizens and she would like to see Item Number 7, Environmental Preservation, moved to the Number 2 position. She stated that she also felt that the last two issues under Item 1 should be moved to the Environmental 01/07/98 Minutes, Council Regular Session 2 Preservation section. (Those issues being: Will the project positively effect the environment? and; Will the project help the town to deal with an environmental issue/problem/mandate?) Discussion followed regarding continuing the item to a Study Session with the CIP Technical Advisory Committee to reorder the plan's priorities. Planning and Zoning Director Don Chatfield explained that the completed Capital Improvement Plan is to be before Council in March (prior to commencing the regular budget process.) He explained that the Technical Advisory Committee would be meeting in two days to use the criteria established by Council to rank the projects that have been submitted. He stated that there might be a scheduling problem if Council elected to defer the issue and the entire CIP process might be set back. MOTION: Councilmember Kautenburger MOVED to accept the Capital Improvement Plan with the following changes: Item Number 7, Environmental Preservation, will be moved up to position Number 2 with the weighting points at 88 and moving the remaining weighting points down accordingly. The last two issues of Item 1 will be moved to Environmental Preservation. The word "environment" will be removed from the title of Item 1 (Public Health, Safety, and Welfare.) Councilmember Johnson SECONDED the motion. Motion carried, 4 - 1, with Councilmember Butrico abstaining. RECESS REGULAR TOWN COUNCIL SESSION Mayor Skalsky recessed the regular session of the Town Council at 7:23 p.m. CONVENE OVWID #1 BOARD OF DIRECTORS MEETING: Mayor Skalsky convened the Oro Valley Water Improvement District #1 (OVWID #1) Board of Directors meeting at 7:23 p.m. *1. PUBLIC HEARING - RESOLUTION NO. 98-01 - A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, SITTING AS THE BOARD OF DIRECTORS OF THE ORO VALLEY DOMESTIC WATER IMPROVEMENT DISTRICT NO. 1, ESTABLISHING RATES AND FEES Town Engineer David Hook reported that staff recommended that the Board of Directors of the Oro Valley Domestic Water Improvement District No. 1 (OVWID # 1), approve the rates and fees as established by the Board of Directors of Metropolitan Domestic Water Improvement District (MDWID.) He further stated that staff recommends that a task force be formed to study the issue of the separation of OVWID #1 from the management of MDWID. Mayor Skalsky stated that she would like to see the task force formed and recommended that Councilmember Butrico represent the Town Council on the task force. 01/07/98 Minutes, Council Regular Session 3 Councilmember Butrico stated that since the Town purchased the two water companies (Rancho Vistoso and Canada Hills), there has been discussions regarding the separation of OV#1 from MDWID management. He stated that he is in favor of exploring the idea of the separation and that he hoped that the customers of OVWID #1 would benefit from the increase in rates. Mark Stratton, General Manager of MDWID, stated that he recommended to Town Manager Chuck Sweet that the funds from the 4% rate increase be set aside in an escrow account to wait for a decision from the task force about which direction the Town should proceed. He stated that at such time a decision is made, the escrow account could be turned over to the Town if the Town assumed operations, or the funds could be used towards capital improvement projects associated with OVWID #1. Mayor Skalsky opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Councilmember Johnson MOVED to approve Resolution (R)98-01, with the stipulation that the 4% water rate increase established by the resolution be set aside in an escrow account until a final decision is made concerning OVWID#1 District's separation from MDWID. He further moved that the motion include the establishment of a OVWID #1 Task force consisting of Councilmember Butrico, a member of the Water Utility Commission, the Town Manager, Water Director, and two customers of OVWID #1 who will be selected by Councilmember Butrico. The purpose of the task force is to study the information and issues relating to the possible separation of OVWID #1 from the management of MDWID. The task force is to report to the Town Council with its recommendations on the matter prior to June 1, 1998. Councilmember Kautenburger SECONDED the motion. Motion carried, 5 - 0. ADJOURN OVWID #1 BOARD OF DIRECTORS MEETING Mayor Skalsky adjourned the OVWID #1 Board of Directors meeting at 7:30 p.m. RESUME REGULAR TOWN COUNCIL SESSION Mayor Skalsky resumed the regular session of the Town Council at 7:30 p.m. 2. RESOLUTION NO. (R)98-02 DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED, CHAPTERS 1, 3, 4, AND 14" AND DECLARING AN EMERGENCY MOTION: Councilmember Kautenburger MOVED to adopt Resolution(R)98-02, making that document known as "Amendments to the Oro Valley Zoning Code Revised, Chapters 1, 3, 4 and 14 pertaining to the recommendations of the Ad Hoc 01/07/98 Minutes, Council Regular Session 4 Committee on Development Review" a public record. Councilmember Johnson SECONDED the motion. Motion carried, 5 - 0. 3. PUBLIC HEARING ORDINANCE NO. (0)98-01 PROPOSED AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED, CHAPTERS 1, 3, 4, AND 14, AS IT PERTAINS TO RECOMMENDATIONS OF THE AD HOC COMMITTEE ON DEVELOPMENT REVIEW Planning and Zoning Director Don Chatfield reported that the Development Review Ad Hoc Committee has recommended and prepared amendments to the Zoning Code. He stated that the committee's recommended amendments were: Chapter 1-Requires that the Planning and Zoning Commission Work Plan be reviewed by the Town Council on a quarterly basis; Chapter 3-Permits the Town Council to initiate zoning code amendments and gives the Development Review Board Agenda Committee the authority to approve paint color, tile color, and other building material products;Chapter 4-Changes the pre-application conference requirements and revises the submittal requirements for the preliminary plat; and Chapter 14-Changes approval of native plant salvage plans from the Development Review Board and Town Council to administrative review and approval by staff and allows administrative approval of landscape plans for compatible land uses. Mr. Chatfield stated that the Planning and Zoning Commission and staff recommend approval of the amendments as presented. Vice Mayor Parisi stated that he was opposed to the Town telling people what colors to use and felt that the light reflective issues would be more in line as a point for consideration instead of color. Mayor Skalsky stated that one thing the community seemed to always look at was how projects blended in visually with the environment which is what brought about the color issue. In answer to a question from Mayor Skalsky regarding approval of landscape plans for compatible land uses in Chapter 14, Mr. Chatfield explained that the Code does provide for an appeal process; however, a condition could be added to the motion to allow for an appeal process to the governing body of the Council's choice (Development Review Board or Council.) Mayor Skalsky opened the public hearing. Bill Adler, 10720 N. Eagle Eye Place, stated that he felt the document was badly worded because of the broad misinterpretation and confusion of the language in the recommended amendments. He stated that he felt the Development Review Board's review of color was consistent with the General Plan and the full Board should review such matters. He stated that most items are subject to opinion which is healthy and they should be submitted to the full board where opinions and debates are allowed and considered. 01/07/98 Minutes, Council Regular Session 5 Mayor Skalsky stated that documents are made to enhance jobs and things can always be changed. Councilmember Kautenburger agreed that if documents are not working properly, they can be changed. Vice Mayor Parisi stated that they should all agree on the process but they might differ on the end results. Mr. Chatfield asked for points of clarification on the wording of the suggested amendments, as he did not observe widespread misinterpretation of the documents. It was the consensus of the Council, that they could support the passing of the amendments, but that the document could be continually fine tuned and changed if it was necessary. Mayor Skalsky closed the public hearing. MOTION: Councilmember Butrico MOVED to adopt Ordinance No. (0)98-01, Amendments to the Oro Valley Zoning Code Revised, Chapters 1, 3, 4 and 14, as it pertains to recommendations of the Ad Hoc Committee on Development Review, as recommended by the Planning and Zoning Commission and adding a clause to Chapter 14 that allows an appeal process. Councilmember Kautenburger SECONDED the motion. Motion carried, 5 - 0. 4. PUBLIC HEARING ORDINANCE NO. (0)98-02 TIMAN REQUEST TO AMEND THE 1996 GENERAL PLAN LAND USE DESIGNATION FROM HIGH DENSITY RESIDENTIAL TO COMMERCE PARK FOR THAT PARCEL KNOWN AS PUSCH VIEW LANE Planning and Zoning Director Don Chatfield stated that the General Plan designates the Pusch View Lane property as High Density Residential (HDR) or 10+ dwelling units per acre. He explained that the property is currently zoned as C-2 which allows the most intense use. Mr. Chatfield explained that the landowner, Mr. Timan, has requested that the Town amend the General Plan designation from High Density Residential to Commerce Park. Mr. Chatfield explained that staff evaluated the proposal against the General Plan Land Use Map and Policies and found that it is in conformance with the policies. Mr. Chatfield stated that the Planning and Zoning Commission and staff have recommended approval of the requested land use designation change. Mayor Skalsky opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Councilmember Johnson MOVED to adopt Ordinance No. (0)98-02, 01/07/98 Minutes, Council Regular Session 6 Amendments to the 1996 General Plan changing the land use designation from High Density Residential to Commerce Park for that parcel known as Pusch View Lane in accordance with Exhibits "A" and "B". A) Exhibit "A" (maps) are attached to the end of the minutes. B) GENERAL/Change current High Density Residential designation to Commerce Park. Councilmember Kautenburger SECONDED the motion. Motion carried, 5 - 0. 5. OV12-94-32 - SUNRIDGE II, REQUEST TO AMEND LOCATION OF NO ACCESS EASEMENT, LOT 33 (PROPERTY IS LOCATED NORTH OF TANGERINE ROAD, WEST OF RANCHO VISTOSO, NEIGHBORHOOD 7 AND NORTH OF COYOTE RIDGE) MOTION: Councilmember Kautenburger MOVED to allow the abandonment of a portion of the no access easement on Lot 33, Sunridge II, along Piping Rock Road and the establishment of a new no access easement, which abuts Silver Eagle Court and "wraps" the southwest corner of the property. Further, the legal documents affecting this change shall be recorded with the Pima County Recorder for the permanent record. Councilmember Johnson SECONDED the motion. Motion carried, 5 - 0. 6. OV12-97-22 VISTOSO COMMUNITY BAPTIST CHURCH DEVELOPMENT PLAN (PROPERTY LOCATED AT THE SOUTHEAST CORNER OF RANCHO VISTOSO BLVD. AND SUN CITY BLVD.) Planning and Zoning Director Don Chatfield reported that the Development Review Board and Planning Staff have recommended approval of the Vistoso Community Baptist Church Development Plan with the conditions listed in Exhibits "A" and "B". He stated that Exhibit "A" addresses the concern for traffic conflicts with emergency vehicles. In answer to a question from Councilmember Johnson, Mr. Chatfield stated that the church has agreed to the conditions in Exhibits "A" and "B". In answer to a question from Mayor Skalsky regarding the placement of stop signs near the fire station, Mr. Chatfield explained that it is suggested that the placement be at the discretion of the Town Engineer. Councilmember Butrico stated that Rancho Vistoso Boulevard is a four lane road built to accommodate a considerable amount of traffic. He stated that he felt a stop sign in the area of the fire station was a good idea. MOTION: Councilmember Butrico MOVED to approve OV 12-97-22, the 01/07/98 Minutes, Council Regular Session 7 Development Plan, Phases I and II, for the Vistoso Community Baptist Church, with those conditions set forth in Exhibits "A" and "B". A) 1. Approval of this development plan constitutes approval for the two future building pads and the expansion of the parking facility shown thereon. Architectural approval for the two new structures on the site will require Development Review Board approval. 2. The development plan will remain in effect for a period of two years from date of Council approval, pursuant to the Oro Valley Zoning Code Revised. 3. Any site disturbance occurring in Phase II, specifically in the future parking area at the southeast corner of the site, shall be landscaped or hydroseeded to stabilize the soil and mitigate visual impacts. 4. One or more stop signs shall be installed, subject to the Town Engineer's approval, to minimize the potential for accidents involving emergency vehicles exiting the fire station. B) 1. The applicant shall supply the Department of Public Works staff with a copy of a recorded agreement and easement between the church and the appropriate Sun City Vistoso Homeowner's Association regarding the placement and maintenance of the drainage swale discharge structure. The recorded document shall be submitted to staff prior to issuance of a grading permit. 2. A stop sign and stop bar shall be placed at the exit onto Rancho Vistoso Boulevard and at Buckingham Drive south of the fire station. 3. The applicant's drainage engineer shall provide a calculation sheet for sizing the depressed curb opening near the southwest corner of the parking lot. The calculation sheet shall be submitted with the improvement plans. Councilmember Kautenburger SECONDED the motion. Motion carried, 5 - 0. 7. OV12-97-22 VISTOSO COMMUNITY BAPTIST CHURCH LANDSCAPE AND BUFFERYARD PLAN Planning and Zoning Director Don Chatfield reported that the Development Review Board and Planning Staff recommended approval of the Vistoso Community Baptist Church Landscape and Bufferyard Plan. The church property is located at the southeast corner of Rancho Vistoso Boulevard and Sun City Boulevard. MOTION: Councilmember Johnson MOVED to approve OV 12-97-22, the Landscape/Bufferyard Plan for Vistoso Community Baptist Church with those conditions listed in Exhibit "A". A) 1. Pursuant to Article 14-2, planting densities in Bufferyard Ds must be as follows for each 100 lineal feet: 25 foot depth 4 canopy trees, 4 shrubs, 6 accent plants 15 foot depth 8 canopy trees, 8 shrubs, 12 accent plants 10 foot depth 10 canopy trees, 10 shrubs, 15 accent plants 01/07/98 Minutes, Council Regular Session 8 Planting densities will be verified by the Town Zoning Inspection team at the time of installation. 2. A sidewalk shall be installed in Rancho Vistoso Boulevard to match the design used in the Sun City area. 3. All areas disturbed in the course of construction must be revegetated. Every effort shall be made to avoid disturbance in the Phase II parking lot area at the southeast corner of the site. 4. Existing native trees on the south and east perimeters of the site shall be preserved and incorporated into the required bufferyards, unless otherwise approved by the Town Zoning Inspector. All tree specimens to be preserved in place must be protected with fencing during the entire course of construction. 5. The stand of vegetation along the west property line, whether on or off-site, must be protected from construction damage. 6. Every effort shall be made to revegetate the drainage swale along the east and south property lines so as to recreate a natural appearance. 7. All landscaping must be routinely maintained and any dead vegetation shall be promptly removed and replaced with new, healthy specimens. 8. The project landscape architect shall provide staff with a fact sheet regarding water consumption and allergenic properties of Lagerstroemia indica and Photinia fraseri, which do not appear on the Oro Valley approved plant list. If plants do produce allergens or are high water users, they must be replaced with alternative plant species from the approved list. Councilmember Butrico SECONDED the motion. Motion carried, 5 - 0, 8. OV12-97-23 SHERATON EL CONQUISTADOR BALLROOM EXPANSION DEVELOPMENT PLAN (PROPERTY LOCATED EAST OF ORACLE ROAD, SOUTH OF EL CONQUISTADOR WAY) Planning and Zoning Director Don Chatfield stated that the Sheraton El Conquistador has proposed a 24,400 square foot expansion to their complex which will include a ballroom expansion and break-out rooms. The proposed project will extend into the southwest parking lot. The development plan and a grading waiver were approved by the Development Review Board. Mr. Chatfield stated that Planning Staff recommended approval of the development plan with the conditions as listed in Exhibits "A" and "B". Mr. Chatfield explained that the Development Review Board has recommended that a 10% limit on compact car parking be imposed as well as bringing the landscaping in the parking lot up to current standards. The two items have been addressed as conditions for approval. In answer to a question from Councilmember Johnson, Mr. Chatfield stated that the Zoning Code allows up to 20% in compact parking, however, the Development Review Board recommended that compact parking be limited to 10% due to the number of larger vehicles currently being driven. He stated that Planning Staff supports the recommendation. In answer to concerns expressed by Mayor Skalsky regarding the 10% allotment for compact cars, Mr. Adriano Bosshard representing the Sheraton El Conquistador, stated that the Sheraton had 01/07/98 Minutes, Council Regular Session 9 no problem with the 10% limit for compact parking. Councilmember Johnson stated that the Town would benefit economically from expansion at the Sheraton El Conquistador. Mr. Bosshard stated that their competitors have twice the amount of meeting rooms and ballrooms than the Sheraton El Conquistador currently has. He stated that the Sheraton is at a competitive disadvantage and requested that Council approve the expansion project. MOTION: Councilmember Butrico MOVED to approve OV 12-97-23, the Sheraton El Conquistador Ballroom Expansion Development Plan, subject to the conditions listed in Exhibits "A" and "B" modified by the Development Review Board's action. Councilmember Kautenburger SECONDED the motion. A) 1. Existing parking within the designated development plan area(s) shall be brought up to Article 11-1 standards in terms of landscaping; 1 landscaped island, 48 inches in width, to include a canopy tree, minimum 15 gallon size, and appropriate groundcovers, each 7 spaces. 2. All parking areas, existing and new, within the development plan area, shall be hard- surfaced with a material satisfactory to the Town Engineer, and be provided with pavement markings and wheel stops, pursuant to code. 3. Compact parking spaces may not exceed 10% of the total new parking spaces, per the Development Review Board's decision. 4. The development plan shall be amended to include an accurate breakdown of the parking, spaces destroyed and replaced, those existing and new parking spaces. 5. All Town Engineer, Fire Department and Wastewater Management concerns shall be addressed prior to Town Council approval. 6. The water line crossing the subject property shall be relocated, per the Water Company's stipulations, and any legal documents related to easements must be negotiated prior to commencement of construction. 7. The Sheraton shall set aside 1% of the construction cost for the ballroom project for public art, and shall present a design for the art piece for Town review and approval. The artwork shall be valued at 1% of the cost of the ballroom expansion project. Two desirable locations have been identified for location of the artwork, at the entry to the resort from Oracle Road, or in front of the main entry to the hotel, or both. The Development Review Board (DRB) favors two pieces of art, one at each location and strongly recommends that this be considered. A detail indicating the locations(s) of the art must be submitted for final DRB approval. 8. A revised development plan addressing all conditions must be submitted for staff review and the permanent record, prior to January 15, 1998, to keep this project on the developer's proposed time line. B) 1. General Note #9 shall be deleted. 2. New parking lot construction shall be designed to accommodate an SU-30 vehicle unless the emergency service provider will accept a smaller design vehicle. General note #12 shall be revised accordingly. 01/07/98 Minutes, Council Regular Session 10 3. The applicant's engineer shall ensure that the new delivery area can accommodate the turning movements of delivery vehicles. The existing design appears to require delivery vehicles make several backing movements to either ingress or egress the delivery area. 4. The applicant's drainage engineer shall provide a calculation sheet(s) for sizing the depressed curb openings in the parking lots. The calculation sheet shall be submitted with the improvement plans. 5. The Q100 value for discharge at each depressed curb opening shall be shown on the development plan. 6. The applicant shall provide the Department of Public Works staff with waterline maintenance easement with legal description and agreement. This document shall be provided to staff prior to issuance of a grading permit. 7. Proposed spot elevations shall be shown on the development plan for the upper parking lot. 8. The signature block on the sheet of one of the development plans shall be revised to provide for the Town Clerk's signature. 9. All parking areas shall be paved or surfaced with some other dust-free material satisfactory to the Town Engineer and the Planning and Zoning Director. 10. The applicant shall submit the requested drainage plan/report for review prior to the approval of the Development Plan by Town Council. David McEvoy, Attorney, representing Jane and Myles Dempsey who own lots 49 and 50 at Pusch Ridge Estates, requested that Council postpone their action for 90 days in order to address drainage issues and the impact of the expansion to his clients. CALL FOR THE QUESTION: Motion carried, 5 - 0. 9. OV12-97-23 SHERATON EL CONQUISTADOR BALLROOM EXPANSION LANDSCAPE PLAN Planning and Zoning Director Don Chatfield stated that the Development Review Board has recommended approval of the landscape plan for the Sheraton El Conquistador expansion plan. He stated that Planning Staff supports approval subject to the submittal of an addendum to the plan for the Development Review Board's and Council's review. Mr. Chatfield stated that staff could also support a continuance of the landscape plan pending receipt of the addendum to assure that landscape treatments are adequately addressed for the entire site. MOTION: Councilmember Butrico MOVED to continue OV12-97-23, the Sheraton El Conquistador Ballroom Expansion Landscape Plan pending receipt of an addendum. Councilmember Kautenburger SECONDED the motion. Motion carried, 5 - 0. 01/07/98 Minutes, Council Regular Session 11 10. OV12-96-4A RAMS CANYON, PHASE II, LOTS 1, 2, 56-58 AND 113-145 AND COMMON AREAS A AND B, PRELIMINARY PLAT (PROPERTY LOCATED WITHIN THE LA RESERVE PAD, EAST SIDE OF ORACLE ROAD) Planning and Zoning Director Don Chatfield stated that the Development Review Board recommended approval of the preliminary plat for Rams Canyon Phase II, on December 16, 1997. Planning staff supports approval subject to the conditions listed in Exhibits "A" and B". MOTION: Councilmember Johnson MOVED to approve OV 12-96-4A, Rams Canyon Phase II, Lots 1, 2, 56-58 and 113-145 and Common Areas A & B, Preliminary Plat, with those conditions listed in Exhibits "A" and "B". A) 1. The telephone easement shall be abandoned by the time the final plat is recorded. 2. The Final Plat shall be configured in such a manner as to show complete lots only. B) 1. Prior to Town Council approval of the Final Plat, the applicant shall provide staff with evidence that the communication facilities easement recorded in Docket 6940, Page 558 has been extinguished. 2. The applicant's engineer shall work with the Town of Oro Valley Water Utility personnel on water supply concerns during the water plan review stage. Councilmember Kautenburger SECONDED the motion. Motion carried, 5 - 0. 11. OV12-96-14 TANGERINE HEIGHTS DEVELOPMENT AGREEMENT (PROPERTY LOCATED NORTH OF TANGERINE ROAD, WEST OF THE RANCHO DE ORO DEVELOPMENT) MOTION: Councilmember Kautenburger MOVED to approve acceptance of the Tangerine Heights Development Agreement. Vice Mayor Parisi SECONDED the motion. Motion carried, 5 - 0. 12. OV12-97-17 COPPER RIDGE ESTATES, I AND II, LOTS 1-132, NATIVE PLANT SALVAGE PLAN (PROPERTY LOCATED BETWEEN LA CHOLLA BLVD. AND LA CANADA DRIVE ON THE SOUTH SIDE OF TANGERINE ROAD) MOTION: Councilmember Johnson MOVED to approve OV 12-97-17,the Native Plant Salvage Plan for Copper Ridge Estates I and II, as forwarded by the Development Review Board, with the suggested staff conditions as listed in Exhibit "A". A) 1. The Town's Zoning Inspector shall perform an on-site inspection prior to any site disturbance, with particular attention to preservation of protected riparian habitats occurring on both parcels. If anywhere on the site, additional trees are identified as being salvageable, it will be within the Zoning Inspector's purview to require that the plants be saved in place and/or 01/07/98 Minutes, Council Regular Session 12 transplanted on-site. 2. A temporary nursery shall be identified and the location of same shall be subject to approval by the Town's Zoning Inspector. A temporary watering system shall be set up on a regularly maintained automatic timer to supply any trees spaded and boxed, but not immediately transplanted to their final resting places. The water supply system shall be inspected and approved by the Town's Zoning Inspector. 3. 160 nursery grown trees shall be placed on this site, minimum 15 gallon size. Of the 160 trees, 64 shall be 24 inch boxed specimens, or greater in size. 4. Prior to any site disturbance, temporary fencing shall be installed, as approved by the Town's Zoning Inspector, to protect native vegetation on individual lots and within the riparian habitat/floodplain areas of the site. 5. To reiterate a rezoning condition, grading on individual lots shall be limited to 10,000 square feet, including driveway and yard area. The subsequent builder(s) developing the lots must present a grading/plant salvage plan for the Town's Zoning Inspector approval, prior to any site disturbance. Further, temporary fencing shall be erected to protect the areas designated to remain natural. 6. During the on-site inspection of grading limits on individual lots, the Town's Zoning Inspector may, at his/her discretion, identify plants to be salvaged. Vice Mayor Parisi SECONDED the motion. Motion carried, 5 - 0. 13. ORDINANCE NO. (0) 98-03 AN ORDINANCE AMENDING THE ORO VALLEY TOWN CODE TO INSTITUTE THE BACKFLOW PREVENTION AND CROSS- CONNECTION CONTROL PROGRAM In answer to a concern expressed by Councilmember Butrico, Town Engineer David Hook explained that Ordinance No. (0)98-03 was not intended to regulate household backflow prevention but was aimed towards commercial establishments. He explained that the Uniform Plumbing Code would be the regulatory element regarding residential applications of backflow prevention devices. Mayor Skalsky opened the public hearing. Doug Thompson, owner of property located at 10250 N. Valle del Oro and a Council member in Dearborn, Michigan, stated that residential backflow prevention is used to prevent backflow into homes at such times as the homeowner might be using devices on their hoses for spraying fertilizer, weed killer, etc. He also stated that it protects homes during floods. MOTION: Councilmember Butrico MOVED to approve Ordinance No. (0)98- 03, amending the Oro Valley Town Code, to institute the Backflow Prevention and Cross-Connection Control Program. Vice Mayor Parisi SECONDED the motion. Motion carried, 5 - 0. 01/07/98 Minutes, Council Regular Session 13 TOWN MANAGER'S REPORT No report. ENGINEER'S REPORT No report. BUILDING OFFICIAL'S REPORT No report. PLANNING & ZONING DIRECTOR'S REPORT No report. POLICE CHIEF'S REPORT Police Chief Wolff reported that the fifth Citizen's Academy will begin January 21, 1998. There are currently 16 applicants enrolled. He stated that they have trained 87 citizens to date. COUNCIL COMMITTEE REPORTS Vice Mayor Parisi reported that the Oro Valley Chamber of Commerce's retreat will be held at the Biosphere at the end of January. Councilmember Butrico reported that the Town's Web Site proposal is moving forward thanks to staff efforts. CALL TO AUDIENCE No speakers. ADJOURNMENT MOTION: Councilmember Kautenburger MOVED to adjourn at 8:25 p.m. Councilmember Johnson SECONDED the motion. Motion carried, 5 - 0. Respectfully submitted, (7-1A Roxana Garrity, Deputy Town Gaerk 01/07/98 Minutes, Council Regular Session 14 I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the Town Council of Oro Valley, Arizona held on the 7th day of January, 1998. I further certify that the meeting was duly called and held and that a quorum was present. Dated this /Co day of 3 , 1998 /4. -vc_.) Ce, Lejj._?; Kath 7 E. Cuvelier, CMC Town Clerk AGENDA ITEM �� 4 EXHIBIT A — S .....fNr w flri.-...,, .,----k___, ___-1 ..-----------''''' 4 „ -• ••., 1 ,, i____ ., 4_, ,,- ., ' ip,, 8 _,,,, • 1 / I .-- O �/ ##. \ N, 1 _H 1 N ,; %p,.- § �� \., N I .,,,,.' i 1 ,- 1 - 1' I \,,/ z 1,,,,, a 0=\i S' c7; 1 -g-_--_-1z -N/N, i 1 i I \ z Nx., 1 !<' g ------_______I didialoo../.„__ as _1 \ \l'::-.1.:..1 .1'''' ...:-...s"-::::': Y. c 8 1 . L{ cc.,4 -A ._ .,„, 03 11z ..06- - ...7 ..iL E <\ 4 0 ;:, ,.„,::.:,,...:,.,,,:,-E,:,::...,,,i...„,:: \ ,,,,,,‘c-t# .e 'c, 0 • ::RiliiiiiIi.- 4 ,..„:,......,. ,,,1„,.,, ,....,� . . ...,.•.• . ,.... 00 tit 0 % \. ....n. .... _...,..,,..,.... ,,... .. 1, • g . i ,-1, —W---",F1*,(4??1(Z)j777774z. cs• . Mgo, 3. PROPERTY DESCRfPTIC i. The property which Seller is listing is described as follows: EXHIBIT A AGENDA ITE: CHECK ONE: a. See legal descr.. .on attached hereto. b. x Portion of S2 SE4 lying north of Lambert Lane E. southeast of Canada Del Oro Legal Description Wash which property is located in Pima county, Arizona. d. 0.REET ADDRESl. Tax Code: 224-28-006L 5. PERSONAL PRCPFRTY/F TYT1IR c. • w b 1 t .. t ��/ ‘ \•N r L 1 / 7 .,� \1 r), N OOd 01' V '529Q' cGL3) 1 -� %, .....5. , e, t 4. cj, .... . \\..•,,,,,,._ . ,...,... .;ht \ ,...icez0.1.I • e..':• . r ' r_75• .-".. \ 2 s e -fie gp7: \��� a t'w'o n 1 974 2 0 '7. S l''' .g.)9 ^f‘......; L. �., \ = C....4.; I • `\ :4, c'',111 :-t: 6 il:i F.„ i 1 - Sa ‘ -. ‘-'%?.., r" 1‘) I, "I ij la' L;-- : 1 ---- ‘ 4i.^ ›. .1 I I ,.....1 cl ,-' ‘ r ri--=‘-'"'Lr......**L.siaim_tmo C II - \ ix • 1 �' / t I �a • a , ' -5 ;�� i 0.... 1 1 n ;— C — w.� ,., `� �c� is u • 1 : t....-..�+ .z --• q_41 1339.33' .- ---\ ;-..t`c-; • I.. C11 =` "it —� i-icact C. U.�-� �..5. .).. ..-. is,E: . it ., ,...r.,-,..„ c % 1 . - � C/: 1 N C 1 �. V L.z-+L t 1 v. _ HTS e .••i; . ': \\ C. IS1 .. P. - . 4, -4,e);\ 1 .. .. . ..... .. . • > z- 1 . . , , ... ,...,... . 0.. N 0 . > \r; r V y;cA t'? .�aysa- ‘ JJ 4s y I7v• ,�► -• J n... N WigP. _ ls. vF•c Al'AS-- t 1 iv - OU 21` c;) c7 1 C-3 / ' J •�' ,/\ 1 /:: • �'' a 5," J - 1 ,. ...- -,-.-„ iii r t �- "'� 1 fr 1�r • �`_ ,`► v • d .. e �"�.. G t t v 0717•"..3 . ii___. C i I - Imo - Eli 7 _ "' • Uj I _ii , 1 .. •v 00i • ' v 26-IC <GL17) MS-I' AVLNuE 1 N ace 04• 'f 2L4O cGLt7: 1 ..r Pe � t -z C; 1 e G 1 ... N c7 ...... ` c. � .� . IS . o C� Cr 1)". Q '' 2 .• - a% '-3 t.!1 -- lir r p.< i trJ;i G M • h.i 6,,,.:•* !i 09-29-97 23: 50 RECEIVED FROM: 5205295099 P . 03 D' *— FIT a6• • MINUTES JOINT STUDY SESSION ORO VALLEY TOWN COUNCIL & PLANNING & ZONING COMMISSION JANUARY 14, 1998 COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE STUDY SESSION - At or After 5:30 p.m. CALL TO ORDER: 5:45 p.m. ROLL CALL PRESENT: TOWN COUNCIL: Paul Parisi, Vice Mayor Bill Kautenburger, Council Member Dick Johnson, Council Member EXCUSED: Cheryl Skalsky, Mayor Frank Butrico, Council Member PLANNING & ZONING COMMISSION: Dennis Douglas, Chair Martha Briggs George Dice Dean McCook Bill Partridge Wayne Wiant EXCUSED: Bill Moody 1. INTRODUCTION Don Chatfield, Planning & Zoning Director, gave the history of how the Capital Improvements Program has evolved and he explained how the rating process was developed to rank the requested projects. 2. FINANCIAL REPORT - David Andrews, Finance Director David Andrews, Finance Director, reviewed the Funding Summary for the General Fund, Highway Fund and Parks Development. 3. REPORT ON TECHNICAL ADVISORY COMMITTEE EVALUATION OF PROJECTS - Bryant Nodine, Senior Planner Bryant Nodine, Senior Planner, reviewed the projects requested in the CIP. 01/14/98 Minutes, Council Study Session 2 Mr. Nodine stated that the CIP Technical Advisory Committee will meet on January 23rd to review the results of the rankings. Then the Planning & Zoning Commission will meet to review the recommendations on February 3, 1998 and the Town Council will review the report on February 18, 1998. Members of the Council thanked staff for their excellent presentation. Vice Mayor Parisi thanked Chuck Sweet, Town Manager for his work on the PAG Management Committee in getting funding for town road projects. ADJOURNMENT Meeting adjourned at 6:25 p.m. Respectfully submitted, /4,Cf/vUeut,(4i Kathryn Cuvelier, CMC Town Clerk o_Ey fit. 0,se. ,s,O 1.7 11000 N. La Canada Dr. ► 1 Oro Valley, Arizona 85737 � v vVERNER S.WOLFF, Chief of Police j,, .w, k Phone (520) 742-5474 FAX (520) 797-2616 UNDE0A ORO VALLEY POLICE DEPARTMENT "INTEGRITY, PRIDE, EXCELLENCE" MEMORANDUM TO: Mayor Skaisky and Town Council FROM: Chief Werner S. Wolff DATE: January 12, 1998 RE: Monthly Breakdown of Citations by Violation and Police Activity Summary Attachedp lease find the updates for the month of December, 1997. WSW:nlr 00 -..- C N 00 N ON - C\ 00 r- C N C\ 00 M I's- in in M C1 - M 00 N r-. -1,1' co.) ,-... c**) c-,1 h CNI d-,, I-- rq r-- h ,--.. 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E--, WWp.., Wcip ,�..-a CA U cy U a H U E'er E—+ v) �, O � c� Q cx C TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE:January 21, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Steven Faaborg, Civil Engineering Technician SUBJECT: Landscape License Agreement for Canada Hills Villages 17 &18 SUMMARY: The Canada Hills Villages 17 & 18 Homeowner's Association has requested authorization to install entrance improvements including a monument, lighting and landscaping within the Town right-of-way along Naranja Drive at it's intersection with Mountain Breeze Drive. The project involves two homeowner's associations as Mountain Breeze Drive is Common Area of the Canada Hills Community Association, even though it runs through Villages 17 & 18. Both associations will share in the cost of the monument and its installation. It is proposed to be located on the southwest corner of Naranja Drive and Mountain Breeze Drive. Electricity will be brought under Mountain Breeze Drive from lot #24 for several low wattage spotlights on the lettering of the monument, which will read "CANADA HILLS". Minimal native desert landscaping will be installed in front of the monument and maintained by the sub-association. The License Agreement makes it clear that the Canada Hills Villages 17 & 18 Homeowner's Association has the sole responsibility and liability for all injuries and damages caused by the encroachments in the Town right- of-way and also bears the sole cost and expense of all work done during the period of the License. The License was prepared to be effective for a period of 25 years at which time the applicant would have to reapply to continue occupancy of the right-of-way. The Licensee is required to restore the right-of-way to the pre-license condition in the event that the License is revoked or expires. ATTACHMENTS: License Agreement, Certificate of Insurance FISCAL IMPACT: None RECOMMENDATIONS OF STAFF: The Department of Public Works staff has no objection to this installation provided a license agreement is entered into per Town Code. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 SUGGESTED MOTION: I move to approve the License Agreement granting Canada Hills Villages 17 & 18 Homeowner's Association authorization to install entrance improvements including a monument, lighting and landscaping in the Town right-of-way along Naranja Drive with the understanding that the Town has no obligation to maintain these items and that the Licensee (Canada Hills Villages 17 & 18 Homeowner's Association) has full responsibility of maintaining said improvements, under the stipulations outlined in the License Agreement. or I move to deny the License Agreement granting Canada Hills Villages 17 & 18 Homeowner's Association authorization to install entrance improvements including a monument, lighting and landscaping in the Town right-of-way along Naranja Drive. -p ent Heal 41/ Town Manager COMMERCIAL CERTIFICATE OF INSURANCE Issue Date (MM/DD/YY) , AGENCY 11/04/9 Name • Edward J. Frautschi Insurance Agency & ' 5040 E S lea Blvd. , Suite 262 This certificate is issued as a matter of information only and confers no rights Address ' Scottsdale, AZ 85254 upon the certificate holder. This certificate does not amend, extend or alter the • coverage afforded by the policies shown below. COMPANIES PROVIDING COVERAGE: ST. V DIST. �' AGENT 3 COMPANY LETTER A TRUCK INSURANCE EXCHANGE INSURED COMPANY • Canada Hills Community Association LETTER g FARMERS INSURANCE EXCHANGE Name . C/0 Cadden ParfreyServices, Inc. COMPANY LETTER 7355 M Oracle Rd 1/110C MID-CENTURY INSURANCE COMPANY Address • A A.Z Tucson, 85704 COMPANY LETTER 0 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN iS SUEJECT TO ALL THE TERMS,S, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION POLICY LIMITS LTR. DATE(MM/DO/YY) DATE(MM/OD/YY) GENERAL C X GENERAL UABIUTY 60211 44 95 02/01/97 02/01/98 AGGREGATE $ 4,000,000 COMMERCIAL GENERAL LIABILITY PRODUCTS-CCMPIOPS - OCCURRENCE VERSION AGGREGATE $ INC1. L TT) CONTRACTUAL INCIDENTAL ONLY PERSONAL& OWNERS&CONTRACTORS PRO T ADVERTISING INJURY $ 2,000,COO EACH OCCURRENCE $ 2,COC,000 FIRE DAMAGE(Any one Fire) $ 50,000 MEDICAL EXPENSE (Any one person) $ 5,00 D AUTOMOBILE UABIUTY S NGLE LI r �uvGL�LIMIT ALL OWNED COMMERCIAL AUTOS 3CDIL:'INJURY SCHEDULED AUTOS (PER PERSON) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (PER ACCIDENT) $ GARAGE LIABILITY PROPERTY DAMAGE $ GARAGE AGGREGATE $ UMBRELLA LIABILITY LIMIT $ WORKERS'COMPENSATION STATUTORY AND EACH ACCIDENT $ DISEASE—EACH EMPLOYEE $ EMPLOYERS'LIABILITY DISEASE—POLICY LIMIT $ DESCRIPTION OF OPERATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS: Homeowners meeting on 12/11/97, at To=n of Oro Valley. CERTIFICATE HOLDER CANCELLATION Town of Oro Valle SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE;HEREOF, NameTHE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER & • As Additional Insured NAMED TO THE LEFT.BUT FAILURE"O AIL SUCH NOTICE SHALL' POSE NO OBLIGATION OR LIABILITY OF Address 1100 N La Canada Drive ANY KIND UPO ,i OMPA��'Y.! At NTS OR REPRESENTAT ES. • Oro Valle85737 _ y, AZ (17:41'i. � /f� #4. 1:0- AUTHORIZED REPR NTATIVEI 56-2492 4-94 1251 A-96 1351 LICENSE THIS LICENSE made and entered into by and between the Town of Oro Valley, Pima County, Arizona, a Body Politic, hereinafter called the LICENSORS and ql Q v► 11(1( S ii • ► Ho in 904 QT:S hereinafter called the LICENSEE. WITNESSETH: THAT WHEREAS, the licensors are the owners of the land hereinafter described, said land having been dedicated as Oir0 y c rc WHEREAS, a portion of said right-of-way is requested to be encroached upon by h , SC tfl€d C%l_ l tf cI _ C-, c iL 1 tA/ 11 �.J Licensee requests authorization for the encroachments. WHEREAS,the Licensee required from the Licensors to encroach into said right-of-way; NOW, THEREFORE, for and in consideration of the sum of One ($1.00) Dollar and the faithful performance by the Licensee or his heirs and assigns;the Licensors do hereby grant and demise to the Licensee, his heirs and assigns, a permit,-license and privilege, for the period of time hereinafter mentioned and subject to the conditions hereinafter contained, to enter in upon the following described land of the Licensors, in Exhibit "A" attached. THIS LICENSE is subject to the following terms and conditions,to-wit: 1. This license isgranted for the purpose of '1 n e 1 �x i'�n C'i m n VA(YW TriU r CCC• p ,r)\/ t YL \ rIyi u'- ,d thCJYR L 1 Kw" 2. The Licensee shall only be permitted to use the aforesaid land for the stated purpose. 3. Notwithstanding any other agreement or condition, it is expressly agreed that the license may be revoked by the Licensors upon NINETY (90) DAYS WRITTEN NOTICE to the Licensee. 4. That when said License is revoked, the Licensee will remove the encroachments from said right-of-way, at no expense to the Licensors and to the satisfaction of the Licensors and will restore the right-of-way to the pre-license condition or as may be mutually agreed. 5. That nothing herein contained shall be construed as granting title to the land belonging to the Licensors, or as vesting in the Licensee any right of entry to said land after the termination of this License. 6. This License may be transferred to the Licensee's successors and assigns upon written approval of the Licensors subsequent to written request of the Licensee. This License shall run for a period of 25 years. 7. That the Licensee assumes the responsibility and all liability for any injury or damage to said highway, or to any person while using said highway in a lawful manner caused by or arising out of the exercise of this Permit or License. 8. That all work done shall be at the sole cost and expense of the Licensee. 9. The Licensee shall indemnify, defend and hold harmless the Licensors, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of this contract which are attributed to any act or omission of the Licensee, it's agents, employees, or any one acting under its direction, control, or on its behalf, or any act or omission of the Licensors, its officers, departments, employees and agents, whether intention or negligent, in connection with or incident to this license. 10. The Licensee will obtain a $1,000,000.00 public liability insurance policy to cover those encroachments within the Licensors right-of-way. Nothing contained herein shall preclude the requirements of additional insurance coverage in the event the Licensors so require. The said policy shall be maintained throughout the term of this License by the Licensee or the Licensees successors. This License will become null and void if the insurance lapses. A certificate of insurance will be supplied to the Licensors with the stipulation that the Insurance Company will notify the Licensors in writing, an intent to cancel the liability insurance. This notification shall be required no later than thirty (30) days prior to cancellation and Licensee is required to remove all encroachments at their expense within sixty (60) days of notification. 11. The permittee will abide by all applicable local, state and federal ordinances, statutes, and regulations. 12. Approval of this License is subject to compliance with all conditions and provisions of the approved plans and specifications which by this reference are incorporated and made a part hereof. 13. Encroachments will be maintained by Licensee and shall not interfere with safe sight distance. IN WITNESS WHEREOF, these presents have been: Executed byLICENSE :$(11 fihC 17 thisdayof LICENSEE: BY cti STATE OF ARIZONA) )ss k COUNTY OF PIMA ) SUBSCRIBED AND SWORN to before me this day of OM rn 1-),2,' 19 CI) • by Qr.cu./ cYC� is1'Du' who known to me or has satisfactorily identified lself to be ck Ci QT (Position) with (L,''cid 1 Q n Cir 1 (Company Name) A-s? Lam, t /� / L OFFICIAL SEAL NOTARY PUBLIC ,y,.�4 r� TERt R.t�cGUiNNES �� �'-r'r Notary Public A="` CoufWW.Ar►Zoc�:= MY COMMISSION EXPIRES: ,..:� .. Pima ik March 10 LICENSORS: The Town of Oro Valley By: ATTEST: Mayor Date: Clerk of Town of Oro Valley APPROVED AS TO FORM Town Attorney TOWN OF ORO VALLEY � COUNCIL COMMUNICATION MEETING DATE: January 21, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Blaine Barth Civil Engineering Technician, CIP SUBJECT: Acceptance of Project No. 02-0197, Lambert Lane / Autumn Hills Intersection Improvement and Incidental Work Thereof SUMMARY: The Department of Public Works, Engineering Division, formally advertised the NOTICE INVITING BIDS in the Daily Territorial on September 12 and September 19, 1997 for the above-mentioned project. In response to the Department's advertisement, the Department of Public Works, Engineering Division, distributed a total of sixteen (16) sets of plans and Contract Documents; three (3) sets to Local Plan Services and thirteen (13) sets to contractors. A total of four (4) contractors responded to the Town's NOTICE INVITING BIDS. Bid Proposals for this Project were opened by the Town Clerk at 2:00 p.m., Wednesday October 1, 1997. The following is a summary of the four(4) bids received along with the 1997/98 Budgeted Amount: 1. Pima Paving,Incorporated $48,912.42 2. O'Leary Construction,Incorporated $52,160.33 3. Pavex Corporation $53,921.15 4. Dar-Hil Corporation $54,762.00 1997/98 Budgeted Amount $55,000.00 The Bid Proposal was accepted and awarded to Pima Paving, Incorporated on October 15, 1997 in the amount of $48,912.42 at the regular Town Council Meeting. ANALYSIS: The above-described work was completed on December 19, 1997 in accordance with the Plans, Specifications, Contract Documents, and to the satisfaction of the Town Engineer. The work has been inspected by the Town's staff and is recommended for acceptance. The final Contract amount was $49,157.62. There was one (1) Contract Change Order issued during this Contract. The Contract Change Order modified the final field measured contract quantities, which in turn increased the Contract Amount by $245.20. This represents a total increase of 0.50% of the original Contract Amount Awarded. Upon completion of thirty-five (35) calendar days after the date of recording of the Notice of Completion, the Town will release the 10% retention to the Contractor per the Contract Documents. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 ATTATCHMENTS: ❑ Notice of Completion FISCAL IMPACT: None. RECOMMENDATIONS: A. Accept the work constructed by Pima Paving, Incorporated for Project No. 02-0197, entitled Lambert Lane/Autumn Hills Intersection Improvement. B. Authorize the Mayor to sign the Notice of Completion. C. Direct the Town Clerk to record said Notice of Completion, within ten (10) calendar days of the Town Council's action, at the office of the County Recorder,Pima County,Arizona. SUGGESTED MOTION: The Town Council may wish to consider the following motion: I move to accept the work constructed by Pima Paving, Incorporated for Project No. 02-0197 Lambert Lane / Autumn Hills Intersection Improvement subject to the Town Engineer's recommendations. Or I move to t:.. ment He... Town Manager TOWN OF ORO VALLEY E COUNCIL COMMUNICATION MEETING DATE: January 21, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Blaine Barth Civil Engineering Technician, CIP SUBJECT: Acceptance of Project No. 03-0197, First Avenue Right Turn Lane and Incidental Work Thereof SUMMARY: The Department of Public Works, Engineering Division, formally advertised the NOTICE INVITING BIDS in the Daily Territorial on July 31 and August 7, 1997 for the above-mentioned project. In response to the Department's advertisement, the Department of Public Works, Engineering Division, distributed a total of twelve (12) sets of plans and Contract Documents; three (3) sets to Local Plan Services and nine (9) sets to contractors. A total of three (3) contractors responded to the Town's NOTICE INVITING BIDS. Bid Proposals for this Project were opened by the Town Clerk at 10:00 a.m., Thursday August 14, 1997. The following is a summary of the three (3) bids received along with the Engineer's Estimate: 1. Dar-Hil Corporation $53,045.30 2. Pima Paving,Incorporated $57,188.93 3. A&S Paving $67,164.75 Engineers Estimate $65,900.00 The Bid Proposal was accepted and awarded to Dar-Hil Corporation on August 20, 1997 in the amount of $53,045.30 at the regular Town Council Meeting. ANALYSIS: The above-described work was completed on December 1, 1997 in accordance with the Plans, Specifications, Contract Documents, and to the satisfaction of the Town Engineer. The work has been inspected by the Town's staff and is recommended for acceptance. The final Contract amount was $51,961.60. There were two (2) Contract Change Orders issued and executed during this Contract. The Contract Change Orders added additional work required per the ADOT permit, increased estimated quantities for hydroseeding and removal of pavement markings, and also deleted the chip seal. These Change Orders decreased the Contract Amount by $1,083.70. This represents a total decrease of 2.04% of the original Contract Amount Awarded. Upon completion of thirty-five (35) calendar days after the date of recording of the Notice of Completion, the Town will release the 10% retention to the Contractor per the Contract Documents. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 ATTATCHMENTS: Notice of Completion FISCAL IMPACT: None. RECOMMENDATIONS: A. Accept the work constructed by Dar-Hil Corporation for Project No. 03-0197, First Avenue Right Turn Lane. B. Authorize the Mayor to sign the Notice of Completion. C. Direct the Town Clerk to record said Notice of Completion, within ten (10) calendar days of the Town Council's action, at the office of the County Recorder,Pima County,Arizona. SUGGESTED MOTION: The Town Council may wish to consider the following motion: I move to accept the work constructed by Dar-Hil Corporation for Project No. 03-0197, First Avenue Right Turn Lane subject to the Town Engineer's recommendations. Or I move to e••rtment ��d 16.A.1 ./ Town Ma.ager NOTE: To be recorded with the County WHEN RECORDED, RETURN TO Recorder within 10 days after acceptance. Town Clerk Town of Oro Valley 11,000 N. La Canada Drive Oro Valley, AZ 85737 NOTICE OF COMPLETION NOTICE is hereby given by the undersigned owner, a political subdivision of the State of Arizona, that a Public Works Project described as: Town of Oro Valley Project No. 02-0197, Lambert Lane /Autumn Hills Intersection Improvement Has been completed and was accepted by the undersigned awarding authority on the date specified herein. CONTRACTOR ON THE PROJECT: Name : Pima Paving, Incorporated Address : 5180-B N. La Cholla City/State : Tucson, AZ 85705 SURETY FOR CONTRACTOR'S BOND IS: Washington International Insurance 300 Park Blvd. #500 Itasca, IL 60143 The Real Property upon which said work as performed is in the Town of Oro Valley, County of Pima, State of Arizona, described more specifically as follows: Street intersection improvement at Lambert Lane and Autumn Hills DATE: December 19, 1997 The Town of Oro Valley (Date of Completion) (Name of Political Subdivision) DATE: January 21, 1998 The Town of Oro Valley (Date of Acceptance) (Name of Political Subdivision) STATE of ARIZONA ) By: ss. Mayor COUNTY OF PIMA ) By: Town Clerk I hereby certify that I am the _ of the Governing Board of the , the political subdivision which executed the foregoing notice and on whose behalf I make this verification; that I have read said notice, know its contents, and that the same is true. I hereby certify under penalty of perjury that the foregoing is true and correct. Executed at : , Arizona on 19 Town Clerk, Town of Oro Valley NOTE: To be recorded with the County WHEN RECORDED, RETURN TO Recorder within 10 days after acceptance. Town Clerk Town of Oro Valley 11,000 N. La Canada Drive Oro Valley, AZ 85737 NOTICE OF COMPLETION NOTICE is hereby given by the undersigned owner, a political subdivision of the State of Arizona, that a Public Works Project described as: Town of Oro Valley Project No. 03-0197, First Avenue Right Turn Lane Has been completed and was accepted by the undersigned awarding authority on the date specified herein. CONTRACTOR ON THE PROJECT: Name : Dar-Hil Corporation Address :3250 East 45`" Street City/State :Tucson, AZ 85713 SURETY FOR CONTRACTOR'S BOND IS: Capital Indemnity Corporation P.O. Box 13598 Tucson, AZ 85732 The Real Property upon which said work as performed is in the Town of Oro Valley, County of Pima, State of Arizona, described more specifically as follows: First Avenue from Oracle Road to Lambert Lane DATE: December 1, 1997 The Town of Oro Valley (Date of Completion) (Name of Political Subdivision), DATE: January 21, 1998 The Town of Oro Valley (Date of Acceptance) (Name of Political Subdivision) STATE of ARIZONA ) By: ss. Mayor COUNTY OF PIMA ) By: Town Clerk I hereby certify that I am the of the Governing Board of the the political subdivision which executed the foregoing notice and on whose behalf I make this verification; that I have read said notice, know its contents, and that the same is true. I hereby certify under penalty of perjury that the foregoing is true and correct. Executed at : , Arizona on ' 19 Town Clerk, Town of Oro Valley TOWN OF ORO VALLEY F COUNCIL COMMUNICATION MEETING DATE: ,January 21, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Blaine Barth Civil Engineering Technician, CIP SUBJECT: Acceptance of Project No. 05-0197, 1997 Slurry Seal Program and Incidental Work Thereof SUMMARY: The Department of Public Works, Engineering Division, formally advertised the NOTICE INVITING BIDS in the Daily Territorial on August 18 and August 25, 1997 for the above-mentioned project. In response to the Department's advertisement, the Department of Public Works, Engineering Division, distributed a total of nine (9) sets of plans and Contract Documents; three (3) sets to Local Plan Services and six (6) sets to contractors. A total of two (2) contractors responded to the Town's NOTICE INVITING BIDS. Bid Proposals for this Project were opened by the Town Clerk at 2:00 p.m., Tuesday September 2, 1997. The following is a summary of the two (2) bids received along with the Engineer's Estimate: 1. All States Asphalt,Inc.,Sahuaro Surfacing Division $34,991.58 2. Southwest Slurry Seal,Incorporated $34,998.95 * Engineers Estimate $40,525.10 The Bid Proposal was accepted and awarded to All States Asphalt, Inc., Sahuaro Surfacing Division on October 22, 1997 in the amount of$34,991.58 at the regular Town Council Meeting. ANALYSIS: The above-described work was completed on December 10, 1997 in accordance with the Plans, Specifications, Contract Documents, and to the satisfaction of the Town Engineer. The work has been inspected by the Town's staff and is recommended for acceptance. The final Contract amount was $38,386.21. There was one (1) Contract Change Order issued and executed during this Contract. The Contract Change Order added First Avenue, from Oracle Road to the CDO Bridge, to the streets slurry sealed. This in turn increased the Contract Amount by $3,394.63. This represents a total increase of 9.70% of the original Contract Amount Awarded. Upon completion of thirty-five (35) calendar days after the date of recording of the Notice of Completion, the Town will release the 10% retention to the Contractor per the Contract Documents. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 ATTATCHMENTS: ❑ Notice of Completion FISCAL IMPACT: None. RECOMMENDATIONS: A. Accept the work constructed by All States Asphalt, Inc., Sahuaro Surfacing Division for Project No. 05-0197, 1997 Slurry Seal Program. B. Authorize the Mayor to sign the Notice of Completion. C. Direct the Town Clerk to record said Notice of Completion, within ten (10) calendar days of the Town Council's action, at the office of the County Recorder,Pima County,Arizona. SUGGESTED MOTION: The Town Council may wish to consider the following motion: I move to accept the work constructed by All States Asphalt, Inc., Sahuaro Surfacing Division for Project No. 05-0197, 1997 Slurry Seal Program subject to the Town Engineer's recommendations. Or I move to ate. Department Head Cjikedi " 4Town Man.•er NOTE: To be recorded with the County WHEN RECORDED, RETURN TO Recorder within 10 days after acceptance. Town Clerk Town of Oro Valley 11,000 N. La Canada Drive Oro Valley, AZ 85737 NOTICE OF COMPLETION NOTICE is hereby given by the undersigned owner, a political subdivision of the State of Arizona, that a Public Works Project described as: Town of Oro Valley Project No. 05-0197, 1997 Slurry Seal Program Has been completed and was accepted by the undersigned awarding authority on the date specified herein. CONTRACTOR ON THE PROJECT: Name : All States Asphalt, Inc. Address : 6624 W. Sundust Road, PO Box 5094 City/State : Chandler, AZ 85226 SURETY FOR CONTRACTOR'S BOND IS: Employers Insurance of Wausau PO Box 8017 Wausau, WI 54402-8017 The Real Property upon which said work as performed is in the Town of Oro Valley, County of Pima, State of Arizona, described more specifically as follows: Rancho Feliz 2, Rancho Verde, and Oro Valley Estates subdivisions DATE: December 10, 1997 The Town of Oro Valley (Date of Completion) (Name of Political Subdivision) DATE: January 21, 1998 The Town of Oro Valley (Date of Acceptance) (Name of Political Subdivision) STATE of ARIZONA ) By: ss. Mayor COUNTY OF PIMA ) By: Town Clerk I hereby certify that I am the of the Governing Board of the the political subdivision which executed the foregoing notice and on whose behalf I make this verification; that I have read said notice, know its contents, and that the same is true. I hereby certify under penalty of perjury that the foregoing is true and correct. Executed at : , Arizona on , 19 Town Clerk, Town of Oro Valley I G TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: January 21, 1998 TO: HONORABLE MAYOR 8c COUNCIL FROM: Blaine Barth Civil Engineering Technician, CIP SUBJECT: Acceptance of Project No.13-1195, Golden Gem Place Street Reconstruction and Incidental Work Thereof SUMMARY: The Department of Public Works, Engineering Division, formally advertised the NOTICE INVITING BIDS in the Daily Territorial on September 12 and September 19, 1997 for the above-mentioned project. In response to the Department's advertisement, the Department of Public Works, Engineering Division, distributed a total of sixteen (16) sets of plans and Contract Documents; three (3) sets to Local Plan Services and thirteen (13) sets to contractors. A total of five (5) contractors responded to the Town's NOTICE INVITING BIDS. Bid Proposals for this Project were opened by the Town Clerk at 10:00 a.m., Friday October 3, 1997. The following is a summary of the five (5) bids received along with the Engineer's Estimate: 1. Pavex Corporation $46,112.00 2. Dar-Hil Corporation $46,725.00 3. Pima Paving,Incorporated $49,614.59 4. NAC Construction $51,440.00 5. O'Leary Construction $55,621.76 * Engineers Estimate $64,900.00 The Bid Proposal was accepted and awarded to Pavex Corporation on October 15, 1997 in the amount of $46,112.00 at the regular Town Council Meeting. ANALYSIS: The above-described work was completed on December 12, 1997 in accordance with the Plans, Specifications, Contract Documents, and to the satisfaction of the Town Engineer. The work has been inspected by the Town's staff and is recommended for acceptance. The final Contract amount was $36,174.44. There were two (2) Contract Change Orders issued and executed during this Contract. The Contract Change Orders modified the original structural section design, which in turn decreased the Contract Amount by $9,937.56. This represents a total decrease of 21.55% of the original Contract Amount Awarded. Upon completion of thirty-five (35) calendar days after the date of recording of the Notice of Completion, the Town will release the 10%retention to the Contractor per the Contract Documents. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 ATTATCHMENTS: ❑ Notice of Completion FISCAL IMPACT: None. RECOMMENDATIONS: A. Accept the work constructed by Pavex Corporation for Project No. 13-1195, entitled Golden Gem Place Street Reconstruction. B. Authorize the Mayor to sign the Notice of Completion. C. Direct the Town Clerk to record said Notice of Completion, within ten (10) calendar days of the Town Council's action, at the office of the County Recorder,Pima County,Arizona. SUGGESTED MOTION: The Town Council may wish to consider the following motion: I move to accept the work constructed by Pavex Corporation for Project No. 13-1195 Golden Gem Place Street Reconstruction subject to the Town Engineer's recommendations. Or I move to t4 .De artment He. Town Manager NOTE: To be recorded with the County WHEN RECORDED, RETURN TO Recorder within 10 days after acceptance. Town Clerk Town of Oro Valley 11,000 N. La Canada Drive Oro Valley, AZ 85737 NOTICE OF COMPLETION NOTICE is hereby given by the undersigned owner, a political subdivision of the State of Arizona, that a Public Works Project described as: Town of Oro Valley Project No. 13-1195, Golden Gem Place Street Reconstruction Has been completed and was accepted by the undersigned awarding authority on the date specified herein. CONTRACTOR ON THE PROJECT: Name : Pavex Corporation Address : 4001 East Michigan Street City/State : Tucson, AZ 85714-2157 SURETY FOR CONTRACTOR'S BOND IS: Capitol Indemnity Corporation oration 4610 University Ave., Suite 1400 Madison, WI 53705-0900 The Real Property upon which said work as performed is in the Town of Oro Valley, County of Pima, State of Arizona, described more specifically as follows: The double cul-de-sac areas of Golden Gem Place adjacent to Golden Gem Drive. DATE: December 18, 1997 The Town of Oro Valley (Date of Completion) (Name of Political Subdivision) DATE: January 21, 1998 The Town of Oro Valley (Date of Acceptance) (Name of Political Subdivision) STATE of ARIZONA ) By: ) ss. Mayor COUNTY OF PIMA ) By: Town Clerk I hereby certify that I am the of the Governing Board of the , the political subdivision which executed the foregoing notice and on whose behalf I make this verification; that I have read said notice, know its contents, and that the same is true. I hereby certify under penalty of perjury that the foregoing is true and correct. Executed at : , Arizona on 19 . Town Clerk, Town of Oro Valley • TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: January 21, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: Shirley Seng Utility Administrator SUBJECT: Resolution#(R)98- 03 Line Extension Agreement for Bank of America Located at First Avenue&Oracle Rd. 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. ATTACHMENTS: Line Extension Agreement for Bank of America located First Avenue & Oracle Rd. 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)98-03 or I move to not approve Resolution (R) 98-03 ( - 4 '141 �ep:y entHe.• Town Mana_er RESOLUTION NO. (R) 98-03 RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A LINE EXTENSION AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND BANK OF AMERICA NT & SA PROVIDING FOR WATER SERVICE BY THE TOWN OF ORO VALLEY TO THE BANK OF AMERICA LOCATED AT FIRST AVENUE & ORACLE RD. 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, Bank of America NT & SA 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, Bank of America NT & SA 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 Bank of America NT & SA for the Bank of America located at First Avenue & Oracle Rd. 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 21St day of January , 1998. TOWN OF ORO VALLEY,ARIZONA Cheryl Skalsky, 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 21st day of January , 1998 , by and between the TOWN OF ORO VALLEY, hereinafter called the Town, and Bank of America NT & SA , hereinafter called the Applicant. WITNESSETH: WHEREAS, the Applicant desires to install the Water Facility to provide service to the project to be known as Bank of Amen i ca , located on 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. 181057E-001-0600, a true and correct copy y 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. 181057E-001-0600 PAGE 1 OF 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 agreement. The Town will take all necessary and legal steps to protect its interests, including the 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 pp the fee; provided, however, that nothing in this agreement shall be interpreted as a waiver of any applicable 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 charges (see Oro Valley Water Code Sections 15-17-1A, 15-17-1B, 15-17-3, 15-17-6, and 15-17-7), based on water usage and circumstances, which are due and payable within ten days after billing by the 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 $ 336.00 for the Subject Property based on the current development proposal and rates, as calculated on Exhibit E. Actual meter setting fees 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 $ 2,936.00 for the Subject Property based on the current development proposal and rates, as calculated on Exhibit F. Actual hook-up fees which will be charged for the Subject Property will be based on the rates effective at the time the fee is paid. Hook-up fees shall be paid upon issuance of construction permits for the 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 $ 1,500.00 for the Subject Property based on the current development proposal and rates, as calculated in Exhibit G. Actual Alternative Water Resources Development Fees which will be charged for the Subject Property will be based on the rates effective at the time the fee is paid. 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. 181057E-001-0600 PAGE2OF7 PR III. REFUNDS Applicant's actual cost of constructing the Water Facility, currently estimated to total $ 15,624.00 , 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 thearties that the formula for computation of refunds from gross annual p 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 Facility. No interest or any other payment reflecting the time value of money shall be paid as part of any refund by Town. Town shall make no refunds from any revenue received from properties other than those located within the Subject Property. It is expressly understood and agreed between the parties that if the Oro Valley Water Code is amended during the period that 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. 181057E-001-0600 PAGE OF 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. 181057E-001-0600 PAGE4OF7 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 Environmental Quality or the Pima County Department of Environmental Quality is attached as Exhibit H. VI. INDEMNITY In addition to any liability imposed by law, which liability is not affected hereby, on behalf of Applicant and any contractor hired by applicant, to perform any work hereunder, shall indemnify, defend, and save harmless the Town of Oro Valley, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any act or omission of Applicant or any such contractor or any subcontractor, or any person employed directly or indirectly by any of them in the performance of any work or operations pursuant to this Agreement. VII. DEDICATION 1. The Applicant shall, and does, hereby grant, bargain, sell, convey, transfer and deliver the Water 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 workmanship or 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 finish grade 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. PSN No. 181057E-001-0600 PAGE 5 OF 7 PR IN WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed by its properofficers 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 Bank of America NT & SA By: /4/ / � ,: l F / i _ _ , Mayor Date Its: Date WITNESS: Town Clerk APPROVED AS TO FORM: Town Attorney STATE OF ARIZONA) ss. County of Pima The foregoing instrument was acknowledged before.me on , 1997, by( rniC-Lo �./ / ' , )whobefore. acknowledged t t s/he is WC-E. 'e S i'06)1,;7--of { C: r , referred to in this Agreement as "Applicant", on behalf of the corporation. I\..`t ry nYv..-,-.....ter r_.,...rvyr...,..�.•a+.r..nr wr•.vr.1s•MF'a '+ 03T11•:.% KATHRN 114 TERSON1 —r, • P 1 , r Norapo ui.;011, C--r • My commission tvAARicoPA ;01.011•Y 1 tary Public s �1 :.'t •� -4v:_u:�llii -I[lji�: 1)4A.,....4 1,i b 1 � f i1 _ , PLAN No. 181057E-001-0600 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 Approval to Construct the WORK issued by ADEQ or PCDEQ PLAN NO. 181057E-001-0600 PAGE 7 OF 7 PR 1 EXHIBIT "A" -. .,,,,, . .,, ..,,.,. i -,-- . — ... .t. . - - , -,,, --- ,,.-,4.,.-,v v.,,r. a,„..4 ......,,.....„,,,-S,Pi, ,,,,V.—.4 f.',/:. .' YA,----i 1 '. /, 12 / . / / y ,. CANADA / �.� DEL ORO .z / . ( ESTATES ' / / PG 12-15 / /^Is/ / �- { . / 'S<(/ • + , A V �� 1 25-79 SR .,<IA.�`�/ PI/ / ... ...... .' L �,<3?- ) FRY S _ ,„. ,. /P- (c-i) ,,,, •,.. CB 1 4 4-1 -__,,„, PROJECT .. Is,,,,...- • R1-144 x-40-10 t -35-4 . . 4..... " 34-7 13 1$ ., CK DR. °t ( 40-39 39--106 a LL' VALLE DEL ORO RD. CLud .____.______)25-66 :`. 3 H. 43-87 •: t 25-26 38-79 35--38 �a j . .a: _LEY HTS I t •w ill ' i LOCATION MAP is PORTION OF SECTION 7, TOWNSHIP ..,.- 12 SOUTH, RANGE 14 EAST,C&SRB&M, TOWN OF ORO VALLEY PIMA `. ARIZONA SCALE: 3" = 1 VILE .., ,.. ..., .;_ 2. .. ::, fi LEGEND ,1. t� T„ _w_____...____ EXISTING WATER LINE & VALVE ----ir- .c-..._- C V T c-T-r#,n ••,-,i . _. ,, EXHIBIT B Bank of America Rooney Ranch Parcel B First Avenue & Oracle Rd. Oro Valley, AZ Water Facility Construction Costs: On-Site Costs: 4" C-900 PVC water main 104LF @ $ 13.00/LF = $1,352.00 12" X 4" Tapping sleeve & valve lEA @ $1,400.00/EA = $1,400.00 1" Service 2EA @ $ 385.00/EA = S 770.00 Subtotal Costs: $3,522.00 Earthwork/Excavation/Backfill $4,068.00 Total On-Site Costs: $7,590.00 Off-Site Costs: 12" C-900 PVC water main 112LF @ $ 22.00/LF = $2,464.00 12"x 12" Tapping sleeve &valve lEA @ $1,600.00/EA = $1,600.00 6" Valve 2EA @ $ 400.00/EA = $ 800.00 12"x 6" Tee lEA @ $1,369.00/EA = $1,369.00 6" Ductile iron pipe 24LF @ $ 24.00/LF = $ 576.00 Fire Hydrant lEA @ $1,225.00/EA = $1,225.00 Total Off-Site Costs: $8,034.00 Total Costs were provided by Sundt Corp. Individual Line Item Costs were not available and have been estimated. EXHIBIT C Bank of America Rooney Ranch Parcel B First Avenue & Oracle Rd. Oro Valley, AZ Water Facility Construction Costs: On-Site Costs: 4" C-900 PVC water main 104LF @ $ 13.00/LF = $1,352.00 12" X 4" Tapping sleeve & valve lEA @ $1,400.00/EA = $1,400.00 1" Service 2EA @ $ 385.00/EA = $ 770.00 Subtotal Costs: $3,522.00 Earthwork/Excavation/Backfill $4,068.00 Total On-Site Costs: $7,590.00 Off-Site Costs: 12" C-900 PVC water main 112LF @ $ 22.00/LF = $2,464.00 12"x 12" Tapping sleeve & valve lEA @ $1,600.00/EA = $1,600.00 6" Valve 2EA @ $ 400.00/EA = $ 800.00 12" x 6" Tee lEA @ $1,369.00/EA = $1,369.00 6" Ductile iron pipe 24LF @ $ 24.00/LF = $ 576.00 Fire Hydrant lEA @ $1,225.00/EA = $1,225.00 Total Off-Site Costs: $8,034.00 Total Costs were provided by Sundt Corp. Individual Line Item Costs were not available and have been estimated. 4 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 1" 2 $168.00 $336.00* * Paid 12/3/96 check #302925 (Sundt Corp. ) Note: The per unit cost includes applicable taxes. EXHIBIT "F" CALCULATION OF HOOK-UP FEES METER SIZE # OF UNITS PER UNIT COST TOTAL DUE 1" 2 $1,468.00 $2,936.00* * Paid 12/3/96 check #302925 (Sundt Corp. ) EXHIBIT "G" CALCULATION OF ALTERNATIVE WATER RESOURCE DEVELOPMENT FEES METER SIZE # OF UNITS PER UNIT COST TOTAL DUE 1" 2 $750.00 $1,500.00* * Paid 12/3/96 check #302925 (Sundt Corp. ) PIMA COUNTY DEPARTMENT OF ENVIRONMENTAL QUALITY TECHNICAL SERVICES DIVISION 130 West Congress--Tucson, Arizona 85701-1317 Telephone: 740-3340 CERTIFICATE OF APPROVAL TO CONSTRUCT Water and/or Wastewater Facilities System Name: CANADA HILLS WATER COMPANY System No. : 10164 Project Owner: CANADA HILLS WATER COMPANY Address: 2120 W. INA ROAD, TUCSON, AZ 85741 Project Location: T-12-S, R-14-E, SECTION 7 County: Pima Description:WATEB LINE EXTENSION TO SERVE BANK OF AMERICA-ROONEY RANCH PARCEL B Approval to construct the above described facilities as represented in the approved plan on file with the Pima County Department of Environmental Quality is hereby given subject to the following provisions: A PROFESSIONAL ENGINEER, REGISTERED IN THE STATE OF ARIZONA, OR A PERSON UNDER THE DIRECT SUPERVISION THEREOF, SHALL COMPLETE A FINAL INSPECTION AND SUBMIT A CERTIFICATE OF COMPLETION TO THE DEPARTMENT. OR: THE PIMA COUNTY DEPARTMENT OF ENVIRONMENTAL QUALITY (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 PIMA COUNTY, ACCURATE HAS BUILT" PLANS SHALL BE PREPARED AND SUBMITTED TO PIMA COUNTY DEPARTMENT OF ENVIRONMENTAL QUALITY FOR OUR RECORDS. PIPE, FITTINGS, VALVES, FIRE HYDRANTS AND OTHER APPURTENANCES SHALL CONFORM TO AWWA AND ASTM STANDARDS. PLASTIC PIPE, AND FITTINGS MUST BEAR SEAL OF THE NSF. PRESSURE TEST AND PIPE BEDDING SHALL BE IN ACCORDANCE WITH ADEQ ENGINEERING BULLETIN 10. NO DESIGN REPORT WAS SUBMITTED FOR REVIEW. The State law, A.R.S. 49-353 , requires that construction of the project must be in accordance with the rules and regulations of the Arizona Department of Environmental Quality. If construction has not started within one year of the date of this issue, this certificate will be void and a written extensi• of time shall be required. Date Approved: August 16, 1996 By _ .� �•� . 9. David `T.'1 E- rector Dep t e t o ►/,vironmental Quality By 1 I Debbie S. % instine, P.E. cc: P-File No. P022896 Civil Engineer P-ADEQ, SRO ACC 0?- 14.10;.---ComParkT) ngineer-The WLB Group P-PCDEQ PDEQ/001WQ/JAN95 EXHIBIT "H if • TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: January 21, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: Shirley Seng Utility Administrator SUBJECT: Resolution#(R) 98-04 Line Extension Agreement for Casas Adobes Baptist Church Located on La Cholla Blvd. 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. ATTACHMENTS: Line Extension Agreement for Casas Adobes Baptist Church located on La Cholla Blvd. 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) 98-04 or I move to not approve Resolution (R) 98-04 - entHea Town Manager RESOLUTION NO. (R) 98-04 RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A LINE EXTENSION AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND CASAS ADOBES BAPTIST CHURCH, INC. PROVIDING FOR WATER SERVICE BY THE TOWN OF ORO VALLEY TO THE CASAS ADOBES BAPTIST CHURCH LOCATED ON LA CHOLLA BLVD. 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, Casas Adobes Baptist Church, Inc. 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, Casas Adobes Baptist Church, Inc. 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 Casas Adobes Baptist Church, Inc. for Casas Adobes Baptist Church located on La Cholla Blvd. 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 21St day of January , 1998. TOWN OF ORO VALLEY, ARIZONA Cheryl Skalsky, 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 21st day of January , 199 8 , by and between the TOWN OF ORO VALLEY, hereinafter called the Town, and Casas Adobes Baptist Church, Inc. , hereinafter called the Applicant. WITNESSETH: WHEREAS, the Applicant desires to install the Water Facility to provide service to the project to be known as Casas Adobes Baptist Church , located on the parcel of land described on Exhibit A, hereinafter called the Subject Property; and WHEREAS, the required plans, specifications, and materials for the Water 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. 10551005-0260 , 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. 10551005-0260 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 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 licant' a ment 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 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 charges (see Oro Valley Water Code Sections 15-17-1A, 15-17-1B, 15-17-3, 15-17-6, and 15-17-7), based on water usage and circumstances, which are due and payable within ten days after billing by the 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 $ 4,158.00 for the Subject Property based on the current development proposal and rates, as calculated on Exhibit E. Actual meter setting fees 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 $ 41,400.00 for the Subject Property based on the current development proposal and rates, as calculated on Exhibit F. Actual hook-up fees which will be charged for the Subject Property will be based on the rates effective at the time the fee isp aid. Hook-up fees shall be paid upon issuance of construction permits for the 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 $ 21,600.00 for the Subject Property based on the current development proposal and rates, as calculated in Exhibit G. Actual Alternative Water Resources Development Fees which will be charged for the Subject Property will be based on the rates effective at the time the fee is paid. 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. 10551005-0260 PAGE 2 OF 7 PR III. REFUNDS Applicant's actual cost of constructing the Water Facility, currently estimated to total $ 119,479.00 , 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 Facility. No interest or any other payment reflecting the time value of money shall be paid as part of any refund by Town. Town shall make no refunds from any revenue received from properties other than those located within the Subject Property. It is expressly understood and agreed between the parties that if the Oro Valley Water Code is amended during the period that Developer is receiving refunds in accordance with this Agreement, Developer may request modifications of this Agreement to take advantage of any such amendments that may be applicable to Developer's installation of 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 no guarantee as to the safety or engineering soundness of plans prepared by the Applicant or any contractor. 3. In the event that, because of contractor scheduling, a Town Inspector is caused to work any overtime, or during any hours other than the normal 40 hours in a work period, or on a Saturday, Sunday, or legal holiday as defined in A.R.S. § 1-301, the Applicant or the contractor shall compensate the Town for any additional salaries, expenses or employee benefits relating to such overtime or holiday work. Such additional inspection costs will be billed to the Applicant. A normal work period shall be defined as 40 hours in a seven (7) day work period, usually worked on an eight (8) hour day, five (5) day basis, commencing on Monday and ending on Friday, continuing in seven (7) day increments. Nothing in this paragraph shall require the Town to provide inspection on weekends and holidays. If the Town declines to provide inspection on weekends and holidays, neither Applicant nor Applicant's contractor shall have a right to damages against the Town as the result of Town's decision not to perform such weekend and holiday inspections. PLAN NO. 10551005-0260 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. 10551005-0260 PAGE4OF7 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 Environmental Quality or the Pima County Department of Environmental Quality is attached as Exhibit H. VI. INDEMNITY In addition to any liability imposed by law, which liability is not affected hereby, on behalf of Applicant and any contractor hired by applicant, to perform any work hereunder, shall indemnify, defend, and save harmless the Town of Oro Valley, its Mayor and Council, officers and employees, boards, committees and commissions from and against anyloss, claim, suit, demand cause of action, or liability of any nature, including g 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 workmanship or 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 finish grade 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. 10551005-0260 PAGE 5 OF 7 PR IN WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed byits proper-officers hereunto duly authorized, and the Town has caused this instrument proper to be executed byits officers thereunto duly authorized, all as of this day and year first above written. "Town" "Applicant" TOWN OF ORO VALLEY Casas Adobes Baptist Church, Inc. By: , Mayor Date Its: r 1°C��fi ��' , <'-r- Date WITNESS: Town Clerk APPROVED AS TO FORM: Town Attorney STATE OF ARIZONA) ss. County of Pima ) The foregoing instrument was acknowledged before me on Ig)bs1/4 1913 by , w o acknow dged that s/he is inkialk. Cadaa4 adAka AttodaiStaueferred to in this Agreement as "Applicant", on behalf of the corporation. My commission expires: Notary Pu lic '1/9/(7-00/ f`r'_:'Jack�'.fP1..u'f ..,... ,14::'/r.srw:C.ix�:.--• PLAN NO. 10551005-0260 PAGE6OF7 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 Approval to Construct the WORK issued by ADEQ or PCDEQ PLAN NO. 10551005-0260 PAGE 7 OF 7 PR EXHIBIT A . .`k • • • ,.• y� J9-B2 �5-7J 5 L 4 � : 'NARANJ� 4 3 I ORI VE 8I 9 � 9110 WSW- LIYSLeD!NAFD SCALE .3"2.1 MILE UMW MED THIS Q,, PROJECT � 46-6' 1J-36) //A' 0'5'1 : / �// Q ,.�y I3-J8 CANADA �, HILLS O IUfM' OF ORO VALLEY 42-86OR. U I PIMA COUNTY LMStASb/LADED Q� IM�INO£0 V 8 9 9 10 17116 LAMBERT 16115 LANE LOCA TION MAP BEING A PORTION OF THE EAST HALF OF SECTION 9, T-12-S, R-13-E, G. & PIMA COUNTY, ARIZONA VT LINE CERT/FICA TION I HEREBY CERTIFY THAT THE GEOMETRIC DESIGN AND DETERMINATION OF WATER SURFACE ELEVA TIONS, AS SHOWN, WERE COMPUTED UNDER MY SUPERVISION. �_`,� f•; EXHIBIT B CASAS ADOBES WATERLINE SUMMARY TOTAL TOTAL DESCRIPTION UNIT PRICE UNIT OFF SITE UNIT ON SITE UNIT OFF SITE ON SITE 1 12"C-900 18.80 IF 986 IF 1841 LF 18,537 34,611 2 12"CL 54 D.I.P. 45.00 IF IF 204 LF - 9,180 3 8`C-90o 11.10 LF IF 2784 LF - 30,902 4 6"0-900 15.25 LF IF 117 LF - 1,784 5 12"VALVE,B 1 C 875.00 EA 4 EA 1 EA 3,500 875 6 8"VALVE,E3 8 C 496.00 EA EA 8 EA - 3,960 7 8"VALVE,8&C 365.00 EA EA 8 EA - 2,920 8 FIRE HYDRANT 1225.00 EA EA 3 EA - 3,675 9 1"ARV 315.00 EA EA 3 EA - 945 10 7 SERVICE 815.00 EA EA 9 EA - 7,335 11 CONNECT TO EXI ST1N 520.00 EA 1 EA 0 EA 620 - 12 REMOVE& REPLACE 38.75 SY 20 SY 0 SY 735 - PAVEMENT TOTAL 23,292 96,187 • Page 1 EXHIBIT C CASAS ADOBES WATERLINE SUMMARY w _ _TOTAL TOTAL. (DESCRIPTION UNIT PRICE UNIT OFF SITE UNIT ON SITE JUNIT OFF SITE ON SITE 1 12"C-900 18.80 IF 986 IF 1841 LF 18,537 34,611 2 12"CL 54 D.I.P. 45.00 IF LF 204 LF - 9,180 3 8"C-900 11.10 IF IF 2784 LF - 30,902 4 6"C-900 15.25 LF IF 117 LF - 1,784 5 12"VALVE,8&C 875.00 EA 4 EA 1 EA 3,500 875 6 8"VALVE,8 8 C 496.00 EA EA 8 EA - 3,960 7 8"VALVE,E3&C 365.00 EA EA 8 EA - 2,920 8 FIRE HYDRANT 1225.00 EA EA 3 EA - 3,675 9 1"ARV 315.00 EA EA 3EA - 945 10 Z" SERVICE 815.00 EA EA 9 EA - 7,335 11 CONNECT TO EXISTIN 520.00 EA 1 EA 0 EA 620 - 12 REMOVE& REPLACE 38.75 SY 20 SY 0 SY 735 - PAVEMENT TOTAL 23,292 96,187 Page 1 4 EXHIBIT "D" COST ESTIMATE FOR FACILITY OVERSIZING NOT APPLICABLE. a EXHIBIT "E" CALCULATION OF METER SETTING FEES METER SIZE # OF UNITS PER UNIT COST TOTAL DUE 2" 9 $462.00 $4,158.00 Note: The per unit cost includes applicable taxes. EXHIBIT "F" CALCULATION OF HOOK-UP FEES METER SIZE # OF UNITS PER UNIT COST TOTAL DUE 2" 9 $4,600.00 $41,400.00 EXHIBIT "G" CALCULATION OF ALTERNATIVE WATER RESOURCE DEVELOPMENT FEES METER SIZE # OF UNITS PER UNIT COST TOTAL DUE 2" 9 $2,400.00 $ JUN- bit THU 6:55 CELLA BARB FAX Na 5207507470 PIMA COUNTY DEPARTMENT OF ENVIRONMENTAL QUALITY • TECHNICAL SERVICES DIVISION 130 West Congress--Tucson, Arizona 85701-1317 Telephone: 740-3340 CERTIFICATE OW APPROVAL TO CONSTRUCT Water and/or Wastewater Facilities System Name:__00 VALLEY WATER (CANADA HILLS, JSystein No. : 10164 Project Owner: ORO V• LATER O Y '.i_,l. Address:�1 6 5 E. ,RANCHO VISTOSO BLVD. i . Opo VALLEY, A $57 3 7 _, Project Location: T-12-S. R-13--EL ECTTON 9 County: PIMA_ Description: WATER TOSERVE CASAS ADOBE PTIST CHURCH Approval to construct the above described facilities as represented in the approved plan on file with the Pima County Department of Environmental Quality is hereby given subject to the following provisions: A PROFESSIONAL ENGINEER, REGISTERED IN THE STATE OF ARIZONA, OR A PERSON UNDER THE DIRECT SUPERVISION THEREOF, SHALL COMPLETE A FINAL, INSPECTION AND SUBMIT A CERTIFICATE OF COMPLETION TO THE DEPARTMENT. OR: THE PIMA COUNTY DEPARTMENT OF ENVIRONMENTAL QUALITY (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 PIMA COUNTY, ACCURATE SAS BUILT" PLANS SHALL BE PREPARED AND SUBMITTED TO PIMA COUNTY DEPARTMENT OF ENVIRONMENTAL QUALITY FOR OUR RECORDS. THOSE PLANS MUST BE CLEAR BLUELIE"E PRINTS SUITABLE FOR MICROFILMING AND SHALL CLEARLY AND ADEQUATELY REPRESENT THE FACILITIES AS THEY ARE CONSTRUCTED. THE PRINTS WILL BE PLACED ON FILE WITH PIMA COUNTY DEPARTMENT OF ENVIRONMENTAL QUALITY BEFORE AN 'APPROVAL OF CONSTRUCTION" OR FINAL RELEASE OF THE FACILITY WILL BE ISSUED. The State law, A.R.S. 49-353, requires that construction of the project must be in accordance with the rules and regulations of the Arizona Department of Environmental Quality. If construction has not started within one year of the date of this issue, this certificate will be void and a written extension of time shall be required. • Date Approved: June 4, 1997 By •., _______ David . Espo .ito , Director Depa e t o f Quality By Al At.„ iircTmental 1 Debbie S. 91 stine, P.E. Civil Engi eer cc: P-File No. PO14397 P-ADEQ, SRO ACC P-Water Company Engineer-Cella Barr P-PCDEQ EVEQ/001W?/JAri93 EXHIBIT H • COUNCIL COMMUNICATION TOWN OF ORO VALLEYMEETING DATE: January 21, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: David G. Hook,P.E. Town Engineer SUBJECT: Request from Mr. James J. Flynn for Right-of-Way permit for temporary access from Linda Vista Boulevard to his lot (Lot #41) in Logan's Crossing at 1121 W. Saddlehom Place. SUMMARY: Staff received a request from Mr. Flynn to obtain temporary access to his property in Logan's Crossing via Linda Vista Boulevard. The reason for the request is to permit one load of rock to be dumped on the south side of his property. The rock will be used to rip-rap the southern portion of his property to reduce erosion from drainage water flowing from the south onto his property. The south side of Mr. Flynn's lot includes a platted 1-foot no access easement(NAE) along the north side of Linda Vista Boulevard. Staff advised Mr. Flynn that our interpretation of current regulations would prohibit staff from granting temporary access across the NAE for the purposes of dumping the rock. In Mr. Flynn's case, there is no alternate access for dumping the rock. Existing rip-rap and topography prohibit a dump truck from accessing the location from Saddlehom Place. These obstacles would make hand placement equally challenging. Without a grant of temporary relief, Mr. Flynn believes he would not be able to place the rip-rap necessary to control erosion on his property. In his letter dated December 10, 1997, Mr. Flynn explains why he should be granted permission to dump the rock from Linda Vista Boulevard. ATTACHMENTS: Mr. Flynn's letter dated December 10, 1997 requesting permission to access his property from Linda Vista Boulevard. Location and site maps FISCAL IMPACT: None. RECOMMENDATIONS: Given the special circumstances of this situation, staff recommends approval of the request for temporary relief, subject to: 1. Mr. Flynn obtaining a ROW use permit from the DPW. 2. Access is used only for the purpose outlined in Mr. Flynn's letter dated December 10, 1997. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Mr. James Flynn's request for temporary access from Linda Vista Boulevard to lot 41 in Logan's Crossing. Or I move to deny Mr. James Flynn's request for temporary access from Linda Vista Boulevard to lot 41 in Longan's Crossing. -•artment d Town Man.ger 12/10/97 • Mr. Da♦ld Hook _.15e�\,a Oro Valley Town Engineer 680 W. Calle Concordia Oro Valley, Az. 85737 Dear Mr. Hook, I have been working with Steve Faaborg since October 27, 1997 to resolve a water erosion and dirt-washing problem on our property in Logan' s Crossing, located at 1121 W. Saddlehorn Place. The problem arose after the Phone Company and the Gas Company altered the site. Mr. Faaborg has been most helpful in arranging site repairs by the Phone Company and has informed me the City of Oro Valley is planning a project to improve the runoff problem along Linda Vista, adjacent to our property. Both these projects should help resolve part of the problem once they are complete. My immediate and future problem is serious erosion on the South end of our property from the increased and changed runoff from Linda Vista. I told Mr. Faaborg I would take care of the erosion on our property if I could be allowed to have rock dropped on that end of our property from Linda Vista. Mr. Faaborg visited our property and is in concurrence there is no other access to get the rock to the needed locations, other than from Linda Vista. I am writing you to get written permission to have one load of rock dumped on the South side of our property, from Linda Vista road. With the rock dumped on location I will be able to rip-rap the required areas on our property, stabilize the property, reduce further erosion and minimize the risk to our home. Your help and immediate attention to this request will be greatly appreciated. I hope the City of Oro Valley will promptly grant me permission to have rock dumped on site so I can take care of this problem before it gets too serious. Please get back to me as soon as possible so I can resolve this problem. If you have any questions or need to get in touch with me, please contact me at my office number 746-5621. Thank you for your help in this matter. Regards, • James Fl 1121 W. Saddlehorn Place Oro Valley, Az. 85737 Home phone 575 1633 1399- - - - __ =NCES 14 • UNSUBDIVIDED i i / 15DKT' SEWER EASEMENT • 6526, PG• 72 50 I 49`' SHEET 6 PI CANADA DEL ORO WASH 4 8 - 14 FLOOD PLAIN EASEMENT -E PRIVATE R/W - CA -A (--) -� DKT• 7014. 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".''''',„, . 1 ' 1 \ ') 1 i .• ,....--. ,/ • \\ \i ; , \ 1,, _. • 1 0 - -1 . , , I • , 1 1 1 (r 1 ))/ _,,j ` `• /� / I ( • /// ;) . .. :, 1 2 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: January 21, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: David G. Hook,P.E. Town Engineer SUBJECT: Project No. W02-0298 Town of Oro Valley Water Utility Potable Water Main Extensions 16" 2700 Zone Avenida Vallejo Extension 12" 2900 Zone Naranja and 1St Avenue Extension. SUMMARY: Per the direction of Major and Council through the Town of Oro Valley Water Utilities Commercial Readiness Program,plans and specifications were provided for the acceptance of public bids for the following projects: Naranja Road 12" "E"Zone Water Main (Bid Schedule "A") and E-Zone Naranja Road and 1St Avenue 12" Transmission Main (Bid Schedule "B") and Avenida Vallejo 16"C-Zone Main(Bid Schedule "C") These three projects consist of approximately 8,200 lineal feet of 12" water main and 3,400 lineal feet of 16" water main. The 16" Avenida Vallejo main will connect our newest water plant(Water Plant#18) into the existing"C"Zone system. This will accomplish our current goal of providing 2500 GPM for 2 hours to the Commercial Corridor along Oracle Road within the "C"Zone (including the proposed Target shopping center). The 12" Naranja and 1'Avenue main extensions will be our first link connecting the Canada Hills and Rancho Vistoso Service Areas. These mains will connect the new"E"Zone Booster Station at Water Plant#18 to the "E"Zone of the Rancho Vistoso Distribution System. This connection will provide additional capacity to the Rancho Vistoso system for future commercial areas and will add the reliability of highwater storage to the "E' Zone of the Canada Hills service area. LS/W PMF/JOB S/97206-3/MTGDATE.LTR 1 TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 ATTACHMENTS: Bid Opening Tabulation Project No. W02-0298 FISCAL IMPACT: The total amount bid by the low bidder was $437,238.80 by NAC Construction. RECOMMENDATIONS: A. We recommend the award of contract No. W02-0298 to NAC Construction, the lowest responsible bidder, in the amount of$437,238.80, subject to the required reference checks. B. Direct the Town Engineer to prepare a Notice of Award to NAC Construction and transmit said Notice along with the Contract Agreement and Bond Forms for execution. C. Direct the Town Engineer to issue the Notice to Proceed in accordance with the requirements of the Contract Agreement upon the reciept of the Contract Agreement. D. Authorize the Town Engineer to execute Contract Change Orders and/or Supplemental Agreements incidental to the prosecution of Work. E. Direct the Town Clerk to hold the bid bonds from all bidders until such time that a Contract Agreement has been executed. SUGGESTED MOTION: I move to approve the award of contract No. W02-0298 to NAC Construction. or I move to approve or I move to deny i ep. • ent He d Town Manager LS/WPMF/JOBS/97206-3/MTGDATE.LTR 2 . Q 'Gar 0 CO r. 4] n o co 0 . , A ' • - (, _ Vco � f -4- .4 4- aw � � a t- CA e t Z 4t 0 = P _ ... - o a] 51 - ,P i\r, -;.f c4 [_, ,. G"'" 17) QO 4) tr- _ Z c.) 0 1-- . , .;f- __c X w Z A d zw O = g Rw W A V >-- )`')-1 )-- --‘-,t z 2, 00 w g," , , • , giN *4 CIN 1Cil Tt 74' � . A w" 0E" °'4 g o w E-( d <t ©, V u z M Z zHwz) . -4 w 4,t Z N .-D . ---, • 2 }— >-)-- >-- ),),- w " w E-r w a., OZw 47E" A O a A AaE.� „ -,t . 01 4't .i'' j s *4 < 2 ,..) h P -,t .6 .6 > -- ' -- 3 4 c ...6 t,k,- t. 4; r, C Ci r C 6 Ci w O .• ri 6 o c..) ZN.""rj -..,r( ,- - ' 3 r, A ,-t- C.) cE .- ' ',.,o.J '.... r C '—O \):' E. 7- 4 0 -: ? ''' E, , , 41 O • • • • • • -; N M 4 `O [` 00 ON O '-' N M d' Q2 Z ! . . z O m r `g A 1 _ ° _ i � � 3 3 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: JANUARY 21, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: SHIRLEY SENG UTILITY ADMINISTRATOR SUBJECT: ORDINANCE (0) 9Q-04 , AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING WATER UTILITY COMMISSION MEMBERSHIP AND AMENDING ARTICLE 3-6 AND SECTION 15-4-3 OF THE TOWN CODE. SUMMARY: The Water Utility Commission (Commission) discussed the composition and residency criteria of the Commission's membership at its November and December meetings. There are two issues that the Commission wishes to bring forward to the Town Council for consideration. One involves the specificity of Commission composition. The other involves the potential confusion regarding residency requirements of advisory boards. Both issues may be a part of the difficulty in filling the current vacancy on the Commission. In 1996, the Town Council established the Commission's membership to reflect the full cross- section of customers served by the utility. The Town Council did so because of the value placed on receiving advice on water related matters with representation from all utility customers. Article 15-4 (ORO VALLEY WATER UTILITY COMMISSION creates the Commission and requires that Commission membership to be composed of at least five members representing these customer categories: (1) residential customers of the CH service area; (2) residential customers of the RV service area; (3) residential customers of the largest service area outside the town boundaries; (4) commercial interests; and (5) turf interests. Article 15-4 allows the Town Council to appoint two additional members for a total Commission membership of seven. In this case, the sixth and seventh members are to represent at-large residential customers. Residency Article 3-6 (ADVISORY BOARDS) of the Town Code requires that all advisory board members be residents of the Town. Although Article 15-4 establishes the Commission, not Article 3-6, there could be confusion regarding the Commission membership being in conflict with other portions of the Town Code. It is essential that there be no confusion on the ability of non-residents serving on the Water Utility Commission. Article 15-4 requires that one member be a residential customer from outside the Town boundaries (i.e. a non-resident). The non-residency of the individual should 0". not adversely affect their representation of those customers. r TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 3 In order to address the issue of which section of the Town Code applies to the Commission, Exhibit 2 presents suggested revisions to Article 3-6 for your consideration. Proposed new text is shown as highlight/shaded. Exhibit 1 shows Article 3-6 as it exists currently. Composition Since the utility is now consolidated, distinctive differentiation between CH and RV residential customer members of the Commission should not be necessary. Instead, two residential customers from within the Town boundaries and one residential customer from outside of the Town boundaries should meet the original intention of balancing residential interests with turf and commercial interests. For the sixth and seventh members, it should not be necessary to require them to be residential customers specifically. It is more important that the interest and knowledge of these members be a focus. It is possible that a resident of the Town who is a customer of Tucson Water or Metro Water may be interested and qualified to serve the community as a member of the Commission. Additionally, perhaps there is an individual who is uniquely qualified to contribute to the community through Commission membership, but is not a customer or a resident. In both the examples, the potential qualified member would be excluded from consideration of Commission membership under the current criteria and the community would lose the benefit of their volunteer service. Additionally, the use of the term `...one shall... ' may be interpreted as restricting membership to one and only one from a customer category. In this case, the two at-large members could not be residential customers. This was not the intent of the original criteria. To address the issue of Commission composition, Exhibit 3 presents suggested revisions to Section 15-4-3 for your consideration. Proposed deletions are shown as double strikeout and new text is shown as highlight/shaded. ATTACHMENTS: Ordinance (0) 95- 04 ; Exhibit 1, Existing Town Code, Article 3-6 (ADVISORY BOARDS); Exhibit 2, Proposed revisions to Article 3-6 (ADVISORY BOARDS) of the Town Code; and Exhibit 3, Proposed revisions to Section 15-4-3 (ORO VALLEY WATER UTILITY COMMISSION, Membership Composition, Terms and Qualifications) of the Town Code. FISCAL IMPACT: There is no fiscal impact anticipated as a result of these proposed revisions to the Town Code. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 3 OF 3 RECOMMENDATIONS OF THE WATER UTILITY COMMISSION: The Water Utility Commission moved unanimously at its December 8, 1997 meeting to forward the proposed changes to the Town Council with a favorable recommendation. RECOMMENDATIONS OF STAFF: Staff supports the recommendation of the Water Utility Commission to approve the proposed Town Code revisions and recommends the adoption of Ordinance (0) 9S- 04 SUGGESTED MOTION: I move to adopt Ordinance (0) 9g-04 , amending Article 3-6 and Section 15-4-3 of the Town Code. Or I move to adopt Ordinance (0) 9$-04 , amending Article 3-6 and Section 15-4-3 of the Town Code, with the following modifications: • Or I move to deny Ordinance (0) 9$-04 Or I move to De artment Head Town Manager ORDINANCE NO. (0) 9$- 04 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA,AMENDING WATER UTILITY COMMISSION MEMBERSHIP; AND AMENDING ARTICLE 3-6 AND SECTION 15-4-3 OF THE ORO VALLEY TOWN CODE. WHEREAS, the Town adopted Chapter 15 of the Town Code on March 25, 1996 by Ordinance No. (0) 96-13; and WHEREAS, the Oro Valley Water Utility Commission was established under Article 15-4, not Article 3-6; and WHEREAS,there exists a need to clarify and revise the composition and residency criteria of the Oro Valley Water Utility Commission; and WHEREAS, the Oro Valley Water Utility Commission recommends adoption of the necessary amendments to the Town Code. NOW, THEREFORE, IT IS ORDAINED by the Mayor and Council of the Town of Oro Valley, that Water Utility Commission Membership is amended and incorporatedinto the Town code as follows: Section 1: Article 3-6 is amended by adding a new Section 3-6-8, as follows: 3-6-8 Oro Valley Water Utility Commission The Oro Valley Water Utility Commission is created and defined by Article 15-4. It will operate in accordance with all provisions of Article 15-4 and the Water Policies as adopted by Town Council. Section 2: Section 15-4-3 is amended by deleting the entire section and replacing it with a new Section 15-4-3, as follows: ■ ■■A■■ ■■r �■ifv v■ ■■.■■ ■■■\.■■ 1 Section 2: Section 15-4-3 is amended by deleting the entire section and replacing it with a new Section 15-4-3, as follows: 15-4-3 Membership Composition, Terms and Qualifications The Oro Valley Water Utility Commission (Commission) shall be composed of no less than five and no more than seven members. Insofar as is possible, at least two members shall be technically qualified residential customers from the area served by the Town of Oro Valley Water System within current Town boundaries, at least one member shall be a technically qualified residential customer representing the service area of the Town of Oro Valley Water System outside of the Town boundaries, at least one member shall be a technically qualified representative of commercial interests and at least one shall be a technically qualified representative of turf interests. Should additional members be appointed causing the Commission to be composed of seven members, insofar as possible, they shall be technically qualified and possess sufficient interest in and knowledge of local water issues to allow them to promote the intent and purpose of this Code as stated in Section 15-1-2. Members of the Commission shall be appointed by the Town Council, having completed an application on a form supplied by the Town, a subsequent interview and having been recommended by the Town Manager. The Commission members shall serve terms of three (3) years, which terms shall be staggered. An initial five member Commission shall draw lots to determine which two members shall have an initial term of three (3) years, and which two members shall have an initial term of two (2) years. One member shall initially serve a term of one (1) year. An initial seven member Commission shall draw lots to determine which three members shall have an initial term of three (3) years and which two members shall have a term of two (2) years. Two members shall initially serve a term of one (1) year. Thereafter members shall serve for terms of three (3) years. All members are limited to a maximum of two (2) successive terms. Section 3: The various Town officers and employees are authorized and directed to perform all acts necessary or desire to give effect to this Ordinance and to make interpretations of it. Section 4: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason found to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Section 5: This Ordinance shall not be in full force and effect until 30 days after the date set forth below. PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY THIS 21stDAY OF January , 1998. TOWN OF ORO VALLEY, ARIZONA Cheryl Skalsky, Mayor ATTEST: APPROVED AS TO FORM: Town Clerk Town Attorney FILE:win\Wtr.Util.Members EXHIBIT 1 3-6-4 Each member of the council shall designate pleasure of the council for a term not one nominee to the board. Each nominee exceeding two years. Any vacancy shall be shall be appointed by the council. filled by the council for an unexpired term. Members shall serve without compensation B. Members of the board shall serve at and shall be residents of the town and not the pleasure of the council for a term of two members of any other town body. years. Any vacancy shall be filled by the council for the unexpired term. Members 3-6-3 Extension of Term of Advisory shall serve without compensation and shall Board be residents of the town. In the event the board sends a letter of (Amended 5/5/93) intent of desire to continue to the town council three months prior to its expiration ARTICLE 3-6 ADVISORY BOARDS date, the council shall consider an extension of the term. In the event of extension of a 3-6-1 Creation and Duties board's time, the council shall advertise for 3-6-2 Term of Office and Membership other board members to volunteer for 3-6-3 Extension of Term of Advisory positions on the board and additionally Board consider existing board members should they 3-6-4 Officers Designated, Meetings, and send to the council letters of intent as to Rules of Procedure their desire to remain on the board. 3-6-5 Limitation of Authority 3-6-6 Liaison 3-6-4 Officers Designated, Meetings, 3-6-7. Powers and Duties of the Parks and Rules of Procedure and Recreation Advisory Board The board shall elect its own officers annually and may conduct its meetings in 3-6-1 Creation and Duties accordance with Roberts Rules of Order as The town council may create from time may be amended by the council for the use to time advisory boards of three, five, or of all commissions and boards and shall seven members who are residents of the adhere to all open meetings laws of the State town for the purpose of examining areas of Arizona. Board meetings shall be dealing with subject matters as defined by regularly scheduled, legally noticed,and held the •council by board name and council once a month. Special meetings may be designation of areas for board study. The called by the chair with at least 24 hours board shall submit recommendations for the notice or by any three board members with council's information and possible action. at least 48 hours notice under the same conditions as set forth for the mayor and 3-6-2 Term of Office and Membership council under Section 2-4-2 of the Oro Such boards shall be created for terms Valley Town Code. Agendas shall be posted not exceeding two years which terms may be and meeting minutes taken and both shall be shortened, ended, or extended by action of filed with the town clerk. the council. Members of the board shall serve at the 3 - 11 3-6-5 3-6-5 Limitation of Authority development and recreation programs. This Advisory boards shall not have authority involves a yearly review and update of the to commit the Town of Oro Valley to any five-year plan for park land acquisition and agreements with public or private capital improvements as prepared by the organizations or discuss financial Parks and Recreation Director. arrangements. 4. Give due attention and study to the recreation, open space, trails and park (Ord. No. 95-11, Amended, 3-1-95) services as they affect the residents of Oro Valley. 5. Make policy recommendations, 3-6-6 Liaison keeping in mind that the final adoption of The town manager or his designee from theolic is the prerogative of the Council. p Y the town staff shall serve as an ex-officio 6. Make initial contact for soliciting non-voting member of the board to facilitate funds after being so directed and approved to reports to the council and shall attend such do so by the Town Council; again keeping in meeting as he/she deems necessary or as a mind that the Council makes the final function of the board's agenda. determination for any acceptance or rejection in these areas. 3-6-7. Powers and Duties of the Parks 7. Interact with the Town of Oro Valley and Recreation Advisory Board Arts Advisory Board on all matters relating 1. To act in an advisory capacity to the to parks and recreation matters in regards to Town Council in matters pertaining to parks areas of mutual concern. and recreation, parks design, open space and trail use (prior to the review comments being submitted to other Boards, Commissions or (Ord. No. 95-30, Amended, 05117/95) the Council). The Board's powers shall be limited to an advisory role with the Parks and Recreation Director and/or the Town Council and shall not provide directions to Town Employees regarding the activities of staff, parks operations or recreation programs. 2. As with any Board, Commission or Committee, all requests for use of any Town Staff time and resources must be approved by the Town Manager or his designee. 3. Give advice to the Town Council and Parks and Recreation Director for general priorities at budget time for those items (other than administrative functions as determined by the Town Manager and the Department Head) relating to park 3 - 12 EXHIBIT 2 Proposed revisions to Article 3-6 (Advisory Boards) of the Town Code Add the following as a new section: .,,:. ....:r, .:.?.,.z,"z`?`a, :w;a... ...�.. ^xx a«.:..,::.: rte•"?rz`xarz ?.z;Wsx.;}••�; o ". r... , ,,. ,x,�zz.x,:;??�?3?"''",}'�i;..:+}:.•` :..:•. .',�.',,',:,}.,, .,,;..• ..;.. "'"?¥'�?Q'•\;,'atr`rk,,};,�z:}. Y?zzzz`x `<• ,�zxzzz`„�,•.?"ar'xc•„�,.�a..zz�„`,\`:M`�,t`.��e:#i?,. ,;�?r,.zxzw ?�. >.;bZa. zraxz•„ .^�"•.,.., .",.x"^3�?.+ ?a ?>x`z ?'�? ..;�.. .,y�.; `, .JL. .R,?�.`,c,...^S1C�` ;. ..,•.:,:'.,":>`:..}.}+. .......... .,,,.,},,..::....w,....:,r0.` • :"c.";.,.,••:.,•:. <??:•^'::;?•>:o:;•:; x.}:?? ,.:a::„•.,,;.x•,.... „� .:.,,,,,k �;,,,�[.��, i:: «,..,Lv�l•T�. ,....•.•�, ., ,i?T?�^,.::....kR, �::L?"L Y.L .z :.Lv. )f.2}•. ,z,,. }ry?Lri�,�?,, •'\T``"`2•''? ;y�?Sr:}Ltrr�''.yh,<XSfMhWLV . `,+.:.nti:;::`. .,..::�::..;•:: �ic��4i#»kx3%•.: � �`'L'+�.`'�� rV\�5>. > a,. x n, .w:. x;.,,.. ..:.:r}}, raxx "k:e:,r ... :zx=z z\\`1F" ::: •'.: ;,iasz,..:r„,31ec 4 o iD � :..�...x,, ;.. ���3�� :: fid .. zx � y�, `y;, z, •..,,a. �,c} ,za, .<' �'irz>:`�...::�E, ,`}r` 'z"c`c4}x, '��•::..., am•. M.::•...,.,::�,,. , .... ,: �^Zx�•..5:}:�':• ..z�`�L"�,�,�:..:,�u}•��<:::.�,,\. ��; ..k:: :, .:.:,,.b.:... , \,. W...2: .:x' •:i`•,:�,•`.•„• Y.'w..::...,., ;fd:•. .,, „::a`,'� ,�\\\,1 \ ,.L.: ...;?#.,,..z,a,• •�Y.2a"'�".i,.�`:2,�,...?�.`,•`\ .,. g'•,'^?'Li?.:G�`.#J. ,:•:,,. ,Y:Sn.:.. ,r ", :x• ,,,,„y }yA•..}rK .. r}}..;.,,�:w,z.s ``,..z,:•a•. :.�' a.,+,:.. ,.`�:zzz:?.•.,,.. .,.a,,,,>.. +zzz:x:::mar>Ezr:}?:;:::. z,•. a . ,e :: �.. .. . . .��.�.., : ::. :..v,.�...-...... ...f,..v' ,Lv/,..vn„?, ,L„}::v... ..i?.v:Y,.,w. v... .. ?..�{;;J^?.i:LL:•w•:�•it\:' . ...., , ......., ii , X 2:, s;.r.,,,.,,.a?:?.;.??,^•. ,. ��:, •)• .: �. ? ,x�?:: x<R}59K:tFd?e��,`.?�83•.a",C,.zx#> '�'�,a a'#ooda '"�•�". ia?&##�##�eo' x:MK".,#; <,;�: � >} AteCEI lowtruotinat. rte..,. .^. ,,,,,!:^.}...•.,•,<:.^.....,, C:\WTRC.Comm\Article3-6-8.Exh.#2. EXHIBIT 3 Proposed revisions to Article 15-4 of the Town Code Modify Section 15-4-3 as follows: 15-4-3 Membership Composition, Terms and Qualifications The Oro Valley Water Utility Commission (Commission) shall be composed of no less than five and no more than seven members. Insofar as is possible, 4WWWOrhisTiiiliFil one shall be a—technically qualified residential customers from the area served by the ''}l,�Za+� ��x�#�t,•axax 2 awz,{y �u ��e�"q,k•a�e •fc06�� �#.r Town of Oro Valley € .1.1,) Water System :I rr ' '; � area, one of ili¢:�:i?'x'i�:.'�#"? y;w`�a?`�??::aa�,�`,�::�;.'..`ri�.'F? :'<�E? y�h^�' shall be a technically ,x..:... qualified residential customer representing the service area of the Town of Oro Valley Water System outside of the etwr=efil Town boundaries, : -- -• - -. `r ":c::,:x `2Y>2> ,'z;: "::x•. YYx:YY` `�2x`?ri?�?;.,":• €•xt' 'r�fi4e? ?.�a, „' :�":.' 33,zr.Ma:2 t;3: ,fir, faffesefit , r����a�r� :.,• x ,••, �k,,.:.,Y`, 2,``.t:�:�Y, :,,:. ..: .....»... .r r xY:2....?#22•\`?.Yr\.k. .,Y �,.��..k:.Q•':.�``•.`r.#�r:ix:.:. ..,2..,..,..2..,. ..�22\ #.Y�; x: :.,;, .. k.b#.xkh.2�.,2.,,.::...�`k.2•..0�....rt�..,��.,.`........,.....,......,.,..�., .�``,... .. .. ...`i: ...Y... x�•,�.•,.•`�.'.,n'.Y•.. ,.Y,,,,,.. i„ i �.,:. ,,.,,..e . : e'n� ��:.,2,:: � `ll,..2� •:`:. : .# c��.c� .k2` �� a ett .:.,ki,�...•...:...,,............. .� ,`.2.,,x� �..• ,...��,:,,.,.r..r. .f {2'i.�„ `C. .w,. :S� # :2r r ,'.� .,i •1�Y` '^L:'i;,i•::;{x,x„ .'.i•.. �3 ?S3r�dooyde ir'v ivAtie3bDi3�b3 �/tiia6Sr:.;,x,'.,,..:.: ,•.,• ".{;iri„ �3oti3be�3xrf6To3.�+o»3Sob�ie8�;o�' a{ r: • :.x.�.�,.�3: '?2:�"�r�,`,,,,��:t.�•'.z � �:Y�z�$�: commercial customers and : _:- - - _--_- _----------- _. - ,tom7p� t� #D� 2 ....'.,i..;?`.....�?;v",...."..x.-'�..�, ..,,+�:a:.,,:�Y•,w:...,.}..r...�{...'.'.`t� tp : :a e e ritiMS' turf interests. Should additional members be appointed causing the Commission to be composed of seven members, insofar as possible, they shall be technically qualified and --- -=:- =- _--- -- = - -:---•_--___-_ --_ _'--•: - ;Y.'k .. ,Y., :,...,,:.,,{:, Q2 n?. :y 222. .,\... , T753,ki, �Y` ,#•M�� .'�lri�,l.. ........ . ,...,,...........2�,..., 2V* iWEIMItiZ:..,.:::..:...... \yam >:: .....v�,..la:,..... ......,.,., .. . ... • � .nY,' �,. ,,,a .,,..; „ xx.x r..,.,, . rx ` i� ' '' '' ,..,,. a xx.. k`:.�5�•. Y`ti' 2 ,.{ '��W ......#:.: '�„vK22�:•:>:: a>......,.'�k.,'• k. , r r ::r: ::r:;<:< .':htY" ':Y22222::,,,l,.k#= 2 o . .o di stated 1n tato ::.` 2` . Members of the oho pump , +t •. `k ,,., .Y";" �� •k"�r5r's"Yiw3�ai #iooa�do'e336�a�3o�. •2`.` Commission shall be appointed by the Town Council, having completed an application on a form supplied by the Town, a subsequent interview and having been recommended by the Town Manager. The Commission members shall serve terms of three (3) years, which terms shall be staggered. An initial five member Commission shall draw lots to determine which two members shall have an initial term of three (3) years, and which two members shall have an initial term of two (2) years. One member shall initially serve a term of one (1) year. An initial seven member Commission shall draw lots to determine which three members shall have an initial term of three (3) years and which two members shall have a term of two (2) years. Two members shall initially serve a term of one (1) year. Thereafter members shall serve for terms of three (3) years. All members are limited to a maximum of two (2) successive terms. C:\WTRC.Comm\Membership.Composition.11.24.97 4 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: January 21, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Valerie Feuer, Senior Planner SUBJECT: OV12-93-18 APPEAL OF DECISION OF DEVELOPMENT REVIEW BOARD REGARDNG PUSCH RIDGE APARTMENTS REVISED ARCHITECTURE DENIAL BACKGROUND: The subject property is located on the west side of Oracle Road, east of Valle Del Oro Road, north of Desert Sky Road and south of El Conquistador Way. The site is zoned R-6 (Multi-Family Residential District). Architectural approval for this project was granted by the DRB on July 11, 1995. The architect is now requesting a change to the architectural treatment of the second level of the stairway. SUMMARY: The Development Review Board voted on January 13, 1998 to deny architectural approval of the requested change. The property owner is appealing that decision to the Town Council. The approved architecture shows the entire stairway on each building covered by stucco, matching the remainder of the building. The middle rail of the stairs was left exposed during the construction process, and painted in the approved color. The exposed staircase does create a safer environment, according to the Crime Prevention Through Environmental Design (CEPTD) principles used by the Oro Valley Police Department. DEVELOPMENT REVIEW BOARD ACTION: Three nearby residents spoke, expressing their disapproval of this change to the approved architecture. Two members of DRB commented that the building looks unfinished with the open stairway, while one member noted that the open stairway added shadows and light. The Development Review Board voted 4-2 to deny OV12-93-18 Revised Architecture. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to uphold the DRB's decision on OV12-93-18, the Pusch Ridge Apartments Revised Architecture. OR I move to overturn the DRB's decision on OV12-93-18, the Pusch Ridge Apartments Revised Architecture. OR I move to modify the DRB's decision on OV 12-93-18, the Pusch Ridge Apartments Revised Architecture, finding that: ATTACHMENTS: 1. Staff Report for January 13, 1998 DRB meeting 2. Approved Architecture Elevations with As-Built Photograph 3. Letter Requesting Appeal I/ De a ment He.w. Town Manag.-r \\OROVALPZI\SYS\OV\OV 12\1993\12-93-18\TCARCH.RPT ORO VALLEY PLANNING & ZONING DEPARTMENT DEVELOPMENT REVIEW BOARD January 13, 1998 TO: Development Review Board FROM: Valerie Feuer, Senior Planner SUBJECT: OV12-93-18, Pusch Ridge Apartments Revised Architecture SUMMARY: Architectural approval for the Pusch Ridge Apartments was granted by the DRB on July 11, 1995. The architect is now requesting a change to the architectural treatment of the second level of the stairways. The approved architecture shows the entire stairway on each building covered by stucco, matching the remainder of the building. The middle rail of the stairs was left exposed during the construction process, and painted in the approved color. Since storage or other unsightly clutter would not occur on a stairway, the architect feels that it would not detract from the building to leave the stairway open. DRB members who reviewed the original architecture specified that all balcony and stair railings be covered. In addition, some nearby residents have indicated to Planning staff that they oppose the architectural change. However, the open railings are supported by the Crime Prevention Through Environmental Design (CEPTD) principles used by the Oro Valley Police Department. RECOMMENDATION: Planning staff finds that the limited amount of open railing on the second level of stairway acceptable and has no objection to approval of the revised architecture. SUGGESTED MOTION: I move to approve OV 12-93-18, Pusch Ridge Apartments Revised Architecture. OR I move to approve OV 12-93-18, Pusch Ridge Apartments Revised Architecture, with the following revision(s): . OR I move to deny OV 12-93-18, Pusch Ridge Apartments Revised Architecture, finding that: ATTACHMENT 1. Approved Architecture with As-Built Photo Attached F:\ov\ovI2\1993\12-93-18\stairdrb.rpt U1/1 /ITh 1U:34 FAA 6207972648 EMERY S CHUKLY 002 PUSCH RIDGE APARTMENTS AXE An Arizona Limited Partnership NIERATil 11111---) 6599 N. Oracle Road, Suite 209 Tucson, Arizona 85 704 Telephone (520) 742-2114 Fax(520) 797-2648 E-mail pusch©theriver.cOm January 15, 1998 VIA FACSIMILE& U.S. MAIL, (520)297-0428 Ms. Kathi Cuverlier Town Clerk,Town of Oro Valley 11000 North La Canada Drive Oro Valley, Arizona 85737 RE: PUSCH RIDGE APARTMENTS,PROJECT#123-35237/STAIR RAILING 1. BACKGROUND: The Design Review Board(DRB)approved the architecture for the apartment buildings which included the stair railing to be covered(i.e., without showing the vertical stair railings, the front elevations of the apartment buildings were submitted as the exhibit for this approval. 2. AS-BUILT CONDITION: The construction of the buildings as of today do not reflect the approved DRB drawings. In fact,the railing for the top stair leg stringer is exposed. 3. REQUEST FOR RAILINGS TO REMAIN OPEN: Th architect requested approval for the as-built conditions to remain. The DRB denied this request. 4. ARCHITECTURAL CONSIDERATIONS: In the opinion of the design architects,this open stair railing is only a portion of the rest of the stair case and in fact,looks very pleasing. In addition it offers a nice accent to the starkness of the rest of the stair way 4. STRUCTURAL CONSIDERATIONS: The Town of Oro Valley(TOV)building department has reviewed and approved the stair system since it has met all the code standards. 5. SAFETY CONSIDERATIONS: These stairs and railings have been inspected by the Town of Oro Valley Police Department and Rural Metro Fire Department officers and highly recommend that the open railing remain as built for safety and security reasons both to the tenants and to the responding officers in case of crime prevention. Given the above criteria and reasons identified, we respectfully request that you forward this appeal for City Council approval. Given the course of construction time-table,it is preferable that we have the hearing scheduled for the 21st of January, 1998, Public Hearing. Yours truly, Emery S. Chukly President,Pusch Ridge Apartments G.M.P., Pusch Ridge Corporation 1 i ic 1 SII r N, ( � I : , ) i h_, :., 1 I _ 4 13 1 0 0 1 ' E . ) 1 , , _ __ ji ' I i tu-,____________J ', 1 - ) 7 i I i HL : 1) ,.,:! 10 I � -1) ' li ' � i7 tD NiiiJ_ � G), I on , E mo A, \1 1 oZ 't. 1 ' D J III N - II -, �\ji D n TI ! c i. - -.) 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Of- ---- ' , ,.,.,.-.T, _ -,_,__-_-_ _____4 . ---t- it _ .....„--, ---- 7 _ , 40,, ,...'"''4,/ ---semi :-.23a h,:i.,,, --,....„. ,,, , ,_ r-1„,, y r y t Lodi PUSCH RIDGE APARTMENTS An Arizona Limited Partnership � � 65991V. Oracle Road, Suite 209 Tucson, Arizona 85704 Telephone (520) 742-2114 Fax (520) 797-2648 E-mail pusch@theriver.com January 15, 1998 VIA FACSIMILE & U.S. MAIL (520) 297-0428 Ms. Kathi Cuverlier Town Clerk,Town of Oro Valley 11000 North La Canada.Drive Oro Valley, Arizona 85737 RE: PUSCH RIDGE APARTMENTS,PROJECT#123-35237/STAIR RAILING 1. BACKGROUND: The Design Review Board(DRB)approved the architecture for the apartment buildings which included the stair railing to be covered(i.e., without showing the vertical stair railings,the front elevations of the apartment buildings were submitted as the exhibit for this approval. 2. AS-BUILT CONDITION: The construction of the buildings as of today do not reflect the approved DRB drawings. In fact, the railing for the top stair leg stringer is exposed. 3. REQUEST FOR RAILINGS TO REMAIN OPEN: The architect requested approval for the as-built conditions to remain. The DRB denied this request. 4. ARCHITECTURAL CONSIDERATIONS: In the opinion of the design architects,this open stair railing is only a portion of the rest of the stair case and in fact, looks very pleasing. In addition it offers a nice accent to the starkness of the rest of the stair way 4. STRUCTURAL CONSIDERATIONS: The Town of Oro Valley(TOV)building department has reviewed and approved the stair system since it has met all the code standards. 5. SAFETY CONSIDERATIONS: These stairs and railings have been inspected by the Town of Oro Valley Police Department and Rural Metro Fire Department officers and highly recommend that the open railing remain as built for safety and security reasons both to the tenants and to the responding officers in case of crime prevention. Given the above criteria and reasons identified,we respectfully request that you forward this appeal for City Council approval. Given the course of construction time-table, it is preferable that we have the hearing scheduled for the 21st of January, 1998, Public Hearing. Yours truly, \,) Emery S. Chukly President, Pusch Ridge Apartments G.M.P., Pusch Ridge Corporation TOWN OF ORO VALLEY 5 COUN1CIL COMMUNICATION MEETING DATE: January 21, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Chuck Sweet, Town Manager SUBJECT: Proposal received from Tucson Electric and Power to install new parking lot lights at Dennis Weaver Park • SUMMARY: In last year's Capital Improvement Process, one item that was identified as a serious health and safety concern by the Technical Advisory Committee, was the extremely poor level of lighting in the parking lot at Dennis Weaver Park. It was brought out in discussions that the existing lighting fails to produce sufficient lumens necessary to provide a safe level of vision for patrons during evening visits to the park. In addition, it was also revealed that there are currently no lights on the west half of the parking lot immediately adjacent to CDO High School. In lieu of the substantial capital funding request submitted at that time, Mrs. Patti Morris of Tucson Electric and Power, offered a possible solution that could accommodate the Town's needs as well as reduce the impact on the General Fund. Tucson Electric and Power has extended an offer to install new lighting in the parking lot on a monthly leasing type of arrangement. The Town would be required to pay a monthly fee of$21.48 per pole to cover energy and line maintenance costs. Since the proposed installation calls for 10 poles to be installed, the total monthly charge would be $214.80 or $2,577.60 per year. In comparison to outright purchase and installation, it would require nearly 17 years before the Town could recover it's construction expenses, as compared to the line maintenance costs associated with the leasing option suggested. In addition, if the Town were to install it's own lighting equipment, it would still have to pay for any related repairs during that same time frame. The type of lighting suggested is 250 watt low pressure sodium lights mounted on standard thirty eight (38) foot tall concrete poles. The wiring and electrical components would be encased inside the poles to prevent vandalism and are aesthetically more appealing. In addition, since these poles are slightly taller than the 30 foot poles currently in place, they would be able to direct more of the lighting in a downward direction while covering a greater amount of ground space. These lights currently meet local "dark sky" requirements and are now being used by Tucson Electric and Power throughout the greater Tucson area. STAFF RECOMMENDATION: Besides the substantial savings on capital funds, this project would also address a major safety concern in the park and reduce the Town's overall liability exposure. Additionally, the poles would require 4-6 weeks of manufacturing time and could be installed some time in March of 1998. Should Mayor and Council wish to enter into this agreement, the Town would need to execute the attached Lease and Blue Stake Agreements. ATTACHMENTS: 1. Proposed Lease Agreement with Tucson Electric and Power 2. Proposed Blue Stake Agreement with Tucson, Electric and Power 3. Map of pole locations for new lights 4. Specification and Rate Schedule 5. Cost comparison of leasing as opposed to outright purchase FISCAL IMPACT: $2,577.60 (Parks and Recreation Budget; Operations and Maintenance, 01-192-638) SUGGESTED MOTION: I make a motion to execute the attached Lease and Blue Stake Agreements with Tucson Electric and Power for the installation of new lights in the parking lot at Dennis Weaver Park as recommended. - / 44IL'd-4 Town M. ager Tucson Electric Power Company 220 West Sixth Street,Post Office Box 711 Tucson,Arizona 85702 December 16, 1997 Area Code 520 Telephone 571-4000 Town of Oro Valley Ken Lawrence 680 W. Calle Concordia Oro Valley, AZ 85737 Dear Mr. Lawrence: SUBJECT: 23 W. Calle Concordia, LGHT Enclosed is a Private Area Lighting Agreement requested by you for the above subject location. Please sign and return the original white copy of the Agreement and Exhibit to Tucson Electric Power Company. Retain the yellow copies and rate information for your records. A self-addressed envelope is enclosed for your convenience. Sincerely, Kathy Clark Administrative Assistant Distribution Developing kc Enclosures ACCOUNT NO. TUCSON ELECTRIC POWER COMPANY PRIVATE AREA LIGHTING AGREEMENT CUSTOMER'S NAME: TOWN OF ORO VALLEY DATE: 12/16/97 This letter will authorize you to install and maintain the following unmetered Private Area Lighting: OVERHEAD SERVICE Cooutts*. LIGHT WOODEN POLE TOTAL NO. OF LIGHTS WATTS AMOUNT POLE(S) AMOUNT AMOUNT 10 250 $174.30 10 $40.50 $214.80 TOTAL BASE RATE $214.80 (Excl. Fuel Adjustment &Applicable Taxes) INSTALLATION TO BE LOCATED AT: 23 W. Calle Concordia, LGHT AS FOLLOWS: Install 10 Dusk to Dawn lights and poles as per attached T.E.P. drawing No. 97-06-0048-00-3. SPECIAL NOTE: Oro Valley to provide trenching for UG cable installation. PLEASE NOTE: Exhibit B is required for signature. I agree to pay for this service on the basis of Electric Rate Schedule No. 51 and the Company's Rules and Regulations, in the form now effective, subject to change authorized by the Arizona Corporation Commission. A copy of the Rate Schedule, as now in effect, is attached. It is further understood and agreed that this agreement shall be for a term of 4 years from the date of the initial delivery of service. It is further agreed that at any time during the stated term hereof the Company, in its sole discretion, may terminate this agreement by mailing written notice to the customer at the mailing address indicated below. At any time during the :erm hereof, the customer may terminate this agreement effective upon receipt of written notice by the Company, provided upon such termination, the customer shall pay to the Company the aggregate service charge or the calculated "Up and Down" cost, whichever is appropriate, as specified in the following paragraph. It is further understood and agreed that if service is terminated prior to the expiration of the term of this agreement by the customer or by the Company due to the customer's failure to pay the stated monthly service charge when due and payable as specified and required by the Company's Rules and Regulations, the customer shall pay to the Company the said monthly service charge, including any applicable adjustments, multiplied by the number of months remaining under the subject agreement or the calculated "Up and Down" cost, whichever is less. ACCEPTED FOR: TUCSON ELECTRIC POWER CO. Customer Signature By: Caroline Gardiner Title Work Order No. 27883 Mailing Address: Town of Oro Valley General Ken Lawrence 680 W. Calle Concordia Oro Valley, AZ 85737 Completed_ Service Address: (Date of Initial Delivery of Service) 23 W. Calle Concordia, LGHT 12-13-24-1/2 ACCOUNT NO. TUCSON ELECTRIC POWER COMPANY PRIVATE AREA LIGHTING AGREEMENT .:USTOMER'S NAME: TOWN OF ORO VALLEY DATE: 12/16/97 This letter will authorize you to install and maintain the following unmetered Private Area Lighting: OVERHEAD SERVICE Cts. LIGHT POLE TOTAL NO. OF LIGHTS WATTS AMOUNT POLE(S) AMOUNT AMOUNT 10 250 $174.30 10 $40.50 $214.80 TOTAL BASE RATE $214.80 (Excl. Fuel Adjustment &Applicable Taxes) INSTALLATION TO BE LOCATED AT: 23 W. Calle Concordia, LGHT AS FOLLOWS: Install 10 Dusk to Dawn lights and poles as per attached T.E.P. drawing No. 97-06-0048-00-3. SPECIAL NOTE: Oro Valley to provide trenching for UG cable installation. PLEASE NOTE: Exhibit B is required for signature. I agree to pay for this service on the basis of Electric Rate Schedule No. 51 and the Company's Rules and Regulations, in the form now effective, subject to change authorized by the Arizona Corporation Commission. A copy of the Rate Schedule. as now in effect, is attached. It is further understood and agreed that this agreement shall be for a term of 4 years from the date of the initial delivery of service. It is further agreed that at any time during the stated term hereof the Company, in its sole discretion, may terminate this agreement by mailing written notice to the customer at the mailing address indicated below. At any time during the orm hereof, the customer may terminate this agreement effective upon receipt of written notice by the Company, provided upon such termination, the customer shall pay to the Company the aggregate service charge or the calculated "Up and Down" cost, whichever is appropriate, as specified in the following paragraph. It is further understood and agreed that if service is terminated prior to the expiration of the term of this agreement by the customer or by the Company due to the customer's failure to pay the stated monthly service charge when due and payable as specified and required by the Company's Rules and Regulations, the customer shall pay to the Company the said monthly service charge, including any applicable adjustments, multiplied by the number of months remaining under the subject agreement or the calculated "Up and Down" cost, whichever is less. ACCEPTED FOR: TUCSON ELECTRIC POWER CO. Customer Signature By: Caroline Gardiner Title Work Order No. 27883 Mailing Address: Town of Oro Valley General Ken Lawrence 680 W. Calle Concordia Oro Valley, AZ 85737 Completed_ Service Address: (Date of Initial Delivery of Service) 23 W. Calle Concordia, LGHT 12-13-24-1/2 PRIVATE AREA LIGHTING AGREEMENT EXHIBIT "B" This Exhibit "B" supplements the Private Area Lighting Agreement between Tucson Electric Power Company the ("Company") and TOWN OF ORO VALLEY dated December 16, 1997, wherein the customer has requested that the Company install and maintain certain underground cable and/or poles to provide private area lighting. The Company shall assume the responsibility for the location of all underground utility facilities which are subject to location pursuant to the Blue Stake Program. The customer assumes full responsibility for properly advising the Company's construction crew leader of the location and depth of all customer-owned underground facilities and other underground facilities which are located on the customer's premises but not reflected by a Blue Stake Program line location check ("customer facilities"). Unless caused by the sole negligence of the Company. the customer is responsible for any and all costs and other liabilities associated with or arising out of damage to customer facilities as a result of the Company's installation and maintenance of underground cable and/or pole(s) serving such area lighting, including but not limited to costs of repair and/or replacement of customer facilities. In addition, the customer agrees to assume full responsibility for the cost and performance of all abnormal installation and restoration work associated with the Company's trenching and/or digging activity pursuant to installing the underground cable and/or pole(s) for said lighting. Such work shall include but not be limited to patching paved surfaces, breaking and repairing concrete, restoring landscape and other surface improvements, and other related types of restoration. Customer Signature Date Phone Work Order No. 27883 #02B Account No. PRIVATE AREA LIGHTING AGREEMENT EXHIBIT "B" This Exhibit "B" supplements the Private Area Lighting Agreement between Tucson Electric Power Company the ("Company") and TOWN OF ORO VALLEY dated December 16, 1997, wherein the customer has requested that the Company install and maintain certain underground cable and/or poles to provide private area lighting. The Company shall assume the responsibility for the location of all underground utility facilities which are subject to location pursuant to the Blue Stake Program. The customer assumes full responsibility for properly advising the Company's construction crew leader of the location and depth of all customer-owned underground facilities and other underground facilities which are located on the customer's premises but not reflected by a Blue Stake Program line location check ("customer facilities"). Unless caused by the sole negligence of the Company, the customer is responsible for any and all costs and other liabilities associated with or arising out of damage to customer facilities as a result of the Company's installation and maintenance of underground cable and/or pole(s) serving such area lighting, including but not limited to costs of repair and/or replacement of customer facilities. In addition, the customer agrees to assume full responsibility for the cost and performance of all abnormal installation and restoration work associated with the Company's trenching and/or digging activity pursuant to installing the underground cable and/or pole(s) for said lighting. Such work shall include but not be limited to patching paved surfaces, breaking and repairing concrete, restoring landscape and other surface improvements, and other related types of restoration. Customer Signature Date Phone Work Order No. 27883 ##02B Account No. 4 . . • 1 , . . ........ .. I t•o ed. rat. pt., ' ..1 co) ' t/iCYCIDP/0-3 ii-t:e7 'IA . 0 --,,,,,, so ..•,--,,,,,.4. ...os t. , tft X'dkid l'aINVOIA clogyad ,.•• z , i o -..•• 0 I.0.3 :MI!SIFFP-7 Pi/AVG QL NS Oa.,... N b.. ; zp.- vi -4-• 5 EzgLz-D---; ° '''' Eueduico Jarnod.7/.4.790 tios.xii \ Uair2qt, 1 O. • = YI 6 8o)ii o 7 3 11V2 _ "3-S1-21 7-17Z-ii-21 I l .„ ,r- ....„ ,...‘ .... . ,.. ,....., ,.._, cl. ‘..: t., ,,,1., •••• N . 7.... ,.. , goZQN ,:,1c) Q te 4,ot •- I 'Z 4QE C' ,y tit Z ..iti • ' mi..... •.1 - 2 '11 C) %.0) I _ ' eri,>:,,24Q 4/- . < I 5 ,.. 41110, Ill . 4 ih. tr. 1.3-N il‘ 3 k.t o GLAD/ ....._ ./._ t- ;0:-.2 1- \._l_.\ •5- N-I o• , v ei 41' , - ‘ . .31/in QL.1 C.V deliii AVI.L1,277 4,(3.70 , I : I wiY0G.c9rat') 51tWOCI . . - 14.1110N C -.. . . . es z tet oft iii.0.0.Lso.oottrii.; f . . , S, , • . . .. , . - . — -- • i - . TUCSON ELECTRIC POWER COMPANY P. 0. Box 711 Tucson,Arizona 85 702 Dear Customer At your request,we submit our Private Street and Area Lighting Rate No.51 showing current acustments: PRIVATE STREET AND AREA LIGHTING RATE NO. 51 Overhead Service: Per 55 watt low pressure solum lamp unit, or per 100 watt or less high pressure $11.61 solum lamp unit per month. Per 250 watt high pressure solum lamp unit per month. $17.43 Per 400 watt high pressure sodium lamp unit per month. $26.90 Per one pole addtion and an extension of up to 100 feet of overhead service. $4.05 Underground Service: Per 55 watt low pressure sodium lamp unit, or per 100 watt or less high pressure $11.61 solum lamp unit per month. Per 55 watt low pressure sodium lamp unit, or per 100 watt or less high pressure $22.01 solum lamp unit per month mounted on standard pole. Per up to 10 feet of underground service where the customer provides trenching. $4.05 By law, the following tax and assessment percentages are applied where appropriate to calculations on the above rates: FRANCHISE TAX: 2.0% (Tucson, South Tucson) CITY SALES TAX: 2.0%(Tucson);2.5% (South Tucson); and 4.0%(Marana)(also (Tucson, South Tucson, Marana) applied to Arizona Corporation Commission Assessment and Residential Utility Consumer Assessment amounts) STATE SALES TAX: 5.0%(also applied to City Franchise Tax amount and Arizona (Applicable to all sales) Corporation Commission Assessment and Residential Utility Consumer Assessment amounts) ARIZONA CORPORATION COMMISSION ASSESSMENT: .13% (also applied to City Franchise Tax amount, City Sales Tax (Applicable to all sales) amount and State Sales Tax amount) RESIDENTIAL UTILITY CONSUMER ASSESSMENT: .06%(also applied to City Franchise Tax amount, City Sales Tax (Residential Customers Only) amount and State Sales Tax amount) Very truly yours, TUCSON ELECTRIC POWER COMPANY Effective with consumption on and after March 31, 1996 (Change due to a base rate increase of 1.1%) TOWN OF ORO VALLEY PARKING LOT LIGHTING AT DENNIS WEAVER PARK ELECTRICAL COST ANALYSIS I. LEASING (As proposed by TEP) A. Number of Poles = 10 B. Monthly Rate = $21.48 •Line Maintenance = $17.43 Per Pole/Per Month •Energy use = $4.05 Per Pole/ Per Month C. $17.43 x 10 = $174.30 (Total Monthly Line Maintenance Costs Per Month for 10 poles) D. $174.30 x 12 Months = $2,091.60 Total Annual Line Maintenance Costs II. OUTRIGHT PURCHASE A. Estimated turnkey installation costs = $ 34,450.00 (by lighting contractor) B. Source: Fluoresco Lighting Inc., Tucson, Arizona C. Scope: Ten (10), 250 watt, Low Pressure Sodium lights installed with standard cross arm assembly mounted on standard 38' ft. height poles; includes labor, equipment, & materials (Power source provided by Town; some existing poles would be used) III. COMPARISON ANALYSIS $ 34,450.00 (turnkey costs) = $2,091.60 (Total Annual Line Maintenance costs) = approximately 16.5 years required to equal capital costs 6 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: January 21, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Melissa Shaw, Planner I SUBJECT: OV12-96-5A Rancho Vistoso Neighborhood 5 Parcel B, Lots 90-157 and Common Areas A & B, (a Re-Subdivision of Lots 90-144), Final Plat SUMMARY: The WLB Group, on behalf of Monterey Homes, requests approval of a re-subdivision of a portion of Rancho Vistoso Neighborhood 5, Parcel B. Originally recorded in January, 1997, with 144 lots, the 63.98 acre subdivision is located in the north-central portion of Rancho Vistoso, on the south side of Rancho Vistoso Boulevard, just south of Neighborhood 12. Honey Bee Recreation Area borders the east property boundary. The developers propose to replat 53 of the original lots into 68, an addition of 15 lots to the subdivision, bringing the total to 157 lots. Currently, the re-platted portion of the subdivision is in its natural state (Monterey has completed approximately 15 homes in the portion containing lots 1-89). Zoned Rancho Vistoso PAD high density residential (8-21 RAC), the additional lots increase the density from 4.0 to 4.36 RAC. The replatting is primarily a shift of interior lot lines between lots and does not affect the outer lot lines bordering the natural open space, nor does it affect street alignment. Lots being replatted will decrease from a minimum of 7,515 SF to 6,325 SF, and the maximum lot size will decrease from 12,417 SF to 10,853 SF. One issue raised during review of the plat was connection to the recently approved Honey Bee Recreation Area, immediately east of this portion of the subdivision. That development plan shows a trail connecting from this subdivision to the recreation area, and planning staff recommends to ensure the connection is made, that a revised landscape plan for this subdivision demonstrating the connection be required. GENERAL PLAN COMPLIANCE: The General Plan land use designation for this site is Medium Density Residential, (2.1-5.0 DUac). The density of this plat is within this designation at 4.36 dwelling units per acre. DEVELOPMENT REVIEW BOARD ACTION: Due to this being a re-subdivision of a recorded Final Plat that is substantially in conformance with the approved preliminary plat, the DRB did not review the proposed changes. 4_ TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 RECOMMENDATION: Planning Staff supports approval of this final plat re-subdivision, with the conditions recommended in Exhibits A and B, finding the plat to be in conformance with the Oro Valley Zoning Code Revised Final Plat and Rancho Vistoso PAD requirements. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve OV 12-96-5A, Rancho Vistoso Neighborhood 5 Parcel B Final Plat, Lots 90- 157, and Common Areas A & B, A Re-subdivision of lots 90-144, with those conditions attached as Exhibits A and B. -OR- I move to approve OV 12-96-5A, Rancho Vistoso Neighborhood 5 Parcel B Final Plat, Lots 90- 157, and Common Areas A & B, a Re-subdivision of lots 90-144, with those conditions attached as Exhibits "A" and "B" and the following added conditions: -OR- I move to deny OV 12-96-5A, Rancho Vistoso Neighborhood 5 Parcel B Final Plat, Lots 90-157, a Re-subdivision of lots 90-144, finding that: . -; 4 0 / ..—:. • II � ;r, Department He// I Town Manager Attachments: 1. Exhibit "A" 2. Exhibit "B", Town Engineer's Report to Council 3. Copy of the Final Plat re-subdivision 12-96-5A/FPTC.RPT EXHIBIT "A" CONDITIONS OF FINAL PLAT APPROVAL OV12-96-5A, RANCHO VISTOSO NEIGHBORHOOD 5 PARCEL B LOTS 90-157 AND COMMON AREAS A & B A RE-SUBDIVISION OF LOTS 90-144 1. Prior to recordation, the applicant shall submit a revised landscape plan demonstrating trail connection to the Honey Bee Park Recreation Area. 2. General Note 1 shall be revised to include the gross area of the resubdivision. 3. The case number OV 12-96-5A shall be added to each sheet, and reference to OV 12-97 deleted. 4. The title block shall be amended as follows: Rancho Vistoso Neighborhood 5, Parcel B Lots 90-157 and Common Areas A & B Being a Resubdivision of Lots 90-144 and Common Areas A & B of Rancho Vistoso Neighborhood 5, Parcel B, Lots 1-144 and Common Areas A, B & C as Recorded in Book 49 of Map and Plats at Page 27 5. Approval must be received from all reviewing agencies prior to plat recordation. 6. The surveyor and engineer's signatures shall appear on the appropriate certification seals. 7. The plat shall be revised, satisfying the above conditions, numbers 1 thru 6, prior to submittal of the mylar for recordation. 8. A data diskette containing parcel lines and subdivision boundaries, lot numbers, all dimensions and street names, in a DXF format, shall be submitted with the mylar for recordation. • EXHIBIT"B" Town Council Meeting: January 21, 1998 Town Engineer Conditions for Approval Final Plat: Rancho Vistoso Neighborhood 5, Parcel B OV12-96-05A RECOMMENDATIONS Department of Public Works staff has reviewed the Final Plat for this project and has no objections to approval subject to the following conditions: 1. Easements shall be provided for the waterlines and the water utility shall be included with other utilities in the dedication (regarding use of common area in paragraph 3 of the dedication). 2. New water plans shall be required. 3. Revised improvement plans shall be required. 4. A revised, or addendum to the, drainage plan shall be required. It can be submitted with the improvement plans. 5. The lot closure sheets and plat shall be checked against one another and revised as necessary. The same shall be done for centerline data Town Engineer Word document\TCRPT\TC129605aFP • EXHIBIT "B" Town Council Meeting: August 15, 1996 Town Engineer Conditions for Approval Final Plat: Rancho Vistoso Neighborhood 5, Parcel B OV 12-96-05 RECOMMENDATIONS Public Works department staff has reviewed the Final Plat for this project and has no objections to approval subject to the following conditions: 1. The correct bearings shall be provided for the northwest property lines for lots 74 and 73. 2. The correct distance for the southeast property line of lot 2 and the total distance for the northwest property line of lot 5 shall be shown on the plat. 3. The correct areas for lots 142-144 shall be shown on the plat. 4. The applicant shall verify that all closure sheet data for all lots are shown correctly on the plat prior to submittal of mylars for the Town Engineer's signature. 5. The applicant shall provide the Department of Public works evidence that the large existing fill area on the site has been properly engineered. 6. The easement abandonment (if needed) at the entrance to Morning Vista Drive shall be recorded and copies provided to the Department of Public Works prior to plat recordation. 7. Dimensions for the church property boundaries on the sheets 4 and 5 of the plat shall match those on the closure sheets. Town Engineer f:\...\jgh\TCRPT\129605.FP P _ _ _ _ t0 CD V - C.71+ w N -P :''s w N O 10 OD V Of U + w N O r*1 ��� m b��Z C�-v 1g! 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Z �t` L'—'-7A. 4 U�b NS N lO'#�(OO� -,°WN♦VZ b0 W)i r NO Uu UV NU U0 u NV UW A� ISI D,Kr'd A(A(��AAAAn(/�,,(A(��AAAAAAAAAAAAAAAAA A (� ('� 1 ^L V OI U W N g.H i0 V ONE(N74:H a c.OD V O1(U (W..,4 N'O b 00 2 R i�4 N� O 8 0 0 0 N U U S U$$0 0()4V4U N U U U O O O O 8 S O O U 8 0 0 S A p 8888888888888888888888888888888888888,, F _.N T - NO4+�,4 40„♦Q1,NU(�U#U#(�4 W�# - N� m� �N r- N(a_OUB�O40�OmOUOr Of(M b--01b�►+V p�V O WNOiUNNU(O�(m�Ul�t C r4t4b00 O1N pd31r V NNS 1fii O i ito,W NI,,i ;V si (e),.'-,-,1.-__,1C9CO ilt, =oo Nn Cn V cWU WW O #OO O1 C0(.4 NNU+ U44 VVp N440000 Of0O4-p+COU(et V V O#O,Z p�1 '0.2E11 O�Zm V 080802 W H O W,0000048048 V b 04N0'4O4000 N IJ8 Y00+W b b b8 O I 'O;n 4 1 a 03 O �#� N,ONV ,O0"o0ggOppNppO#N0VjNp OO wv~AO O,m O �Omb,1„gW,,, gt bU 4„...O1NF„, . ,„ UUW N. ppy�04ONuu.;ASAiJ- g ,, #Nq-9,,c),-;44,c m 18004 '1 d e.-,;,,:a ,ya w X00 N u,i1^' s o,`a`O v ' ,4,95033\45\PARE\AA51.13-5.. 12-26-97,PM 7 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: January 21, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Linda Frew, Planner I SUBJECT: OV13-97-70 La Canada Drive Improvements Amended Landscape Plan BACKGROUND: The Town of Oro Valley has been selected to receive Federal funding for a public works improvement project. With 94% Federal and 6% local monies, La Canada Drive will be re-paved to Town Standards, a paved 10 foot utility lane will be added to either side of the street, a golf cart tunnel will be installed and a sidewalk will be placed along the east side of the roadway. Plans to re-landscape the right-of-way are before the Council for approval this evening. SUMMARY: The attached plan outlines the landscape treatment for the areas of right-of-way which have been previously disturbed. Additional details are provided in the attached Staff Report to the DRB. DEVELOPMENT REVIEW BOARD ACTION: The DRB reviewed the attached plan at its meeting of January 8`'' and, with little discussion, approved the plan unanimously. RECOMMENDATION: Finding that the plan submitted meets the goals and policies of the General Plan, in that it "enhances indigenous (native vegetation) and that it will "preserves views from adjacent properties, while providing privacy for residents", Planning Staff recommends approval of the plan, as forwarded by the DRB. t TOWN OF ORO VALLEY COUNCILCOMMUNICATION Page 2 of 2 SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve OV 13-97-70, the amended landscape plan associated with the La Canada Drive improvement project, as forwarded by the DRB. OR I move to deny OV 13-97-70, the amended landscape plan associated with the La Canada Drive improvement project, finding that: ATTACHMENTS: 1. Planning Staff Report to DRB 2. Letter from D. McGann 3. Landscape Plan 4. Exhibit "A" - Conditions of Approval 5. Planning Staff Report to the DRB 6. Reduction of NPSP (full-sized plan available at the meeting) LA n 01 Ifl 1, _ , , 4.1 _Aim- 'U pa /ent H . ' rif .1/A f.A 4•Mgr Town Manager amdtc.rpt ITEM 1 ORO VALLEY PLANNING & ZONING DEPARTMENT DEVELOPMENT REVIEW BOARD MEETING DATE: January 8, 1998 TO: DEVELOPMENT REVIEW BOARD FROM: Linda Frew, Planner I SUBJECT: OV13-97-70 La Canada Drive Improvement Project Amended Landscape Plan for Improved Right-of-Way BACKGROUND: The Town of Oro Valley has been selected to receive Federal funding for a public works improvement project. With 94% Federal and 6% local monies, La Canada Drive will be re-paved to Town Standards, a paved 10 foot utility lane will be added to either side of the street, a golf cart tunnel will be installed and a sidewalk will be placed along the east side of the roadway. The project area includes both sides of La Canada Drive for its entire stretch between Lambert Lane and Naranj a Drive. SUMMARY: In order to accommodate the additional pavement width and the sidewalk, some existing vegetation in the Town's right-of-way, most of it in well-manicured, man-made landscaping, must be removed or relocated. To address this issue, Mr. Don McGann, McGann and Associates, was retained to prepare the amended landscape plan before you this evening. This phase of the landscape plan addresses the plant material to be salvaged or removed. As the improvements progress, a second phase, to re-landscape the disturbed right- of-way, will be submitted for DRB and Council review. For now, however, the plan before DRB this evening addresses just the disposition of the existing trees and shrubs along La Canada Drive. This report addresses both sides of La Canada Drive, but only those portions of the Town's right-of-way, where landscape improvements have occurred, i.e. the landscape strips in front of Walgreens, Smith's, Canada Vistas subdivision, Canada Hills 9A/9C, Carmel Pointe and the Town Hall site. Those areas where there have been no installed landscape improvements are addressed in a separate report for this evening's agenda. It is the landscape architect's aim, as directed by the Town, to save as many of the existing trees as possible. The plan identifies a number of trees (see the map key) which may, or may not, fall in the path of construction. The Zoning Inspector will be empowered to look at each of these trees and make a determination as to whether or not said trees should be relocated, replaced or retained in place. To summarize the disposition of all trees identified on the plan: 22 trees to be salvaged and transplanted outside affected area 39 trees retained in place 45 trees to be replaced with 24"boxes, only if disturbed (otherwise, retained in place) 14 trees to be salvaged and transplanted only if disturbed(otherwise, retained in place) 8 trees to be destroyed and replaced with 24"boxes GENERAL PLAN COMPLIANCE: The landscape plan presented for the La Canada improvement project meets the General Plan policies and objectives in that it"maintains and enhances indigenous (native) vegetation". Further, the added landscape should serve to "preserve views from adjacent properties and streets, while providing privacy for residents". It also provides" landscaping continuity within the community". RECOMMENDATIONS: Planning Staff commends the landscape architect, and those working on the project, for their efforts to save as much vegetation as possible and preserve the attractive appearance of the La Canada Drive street scene. We recommend approval of the Phase I La Canada landscape plan, as submitted, with one stipulation, that the Town's Zoning Inspector shall perform an on-site inspection of all trees in the project, once identified, and make a determination as to the appropriate disposition of those trees currently identified as being potentially impacted by the project. SUGGESTED MOTION: The DRB may wish to consider one of the following motions: -3 I move to recommend approval of OV 13-97-70, the Phase I landscape plan associated with the La Canada Drive improvements, with the condition that the Town's Zoning Inspector shall review all tree specimens, once identified, and, at his discretion, he may require that any specimen be retained in place or salvaged, as deemed appropriate. I move to recommend approval of OV 13-97-70, the Phase I landscape plan associated with the La Canada Drive improvements, with the condition that the Town's Zoning Inspector shall review all tree specimens, once identified, and, at his discretion, he may require that any specimen be retained in place or salvaged, as deemed appropriate, and the following added conditions: OR I move to recommend denial of OV 13-97-70, the landscape plan (Phase I) associated with the La Canada Drive improvements, finding that: Attachments: 1. Letter from D. McGann 2. Phase I landscape plan 13-97-70\npsp i.rpt Copies to: Mayor and Council, David Hook, Don Chatfield, Chuck Sweet 9a;W,e/ 10664 N Thunder Hill Pt Tucson AZ 85737-7006 (520)797-1061 January 8, 1998 Patty Jo Lewis Development Review Board Town of Oro Valley Town HaLL, Oro Valley, AZ 85737 Dear Ms. Lewis: RE: La Canada Drive Reconstruction Project Enclosed is a copy of a letter dated December 24, 1997, which was delivered to the doors of all residents on the list attached. Also enclosed is a letter to David Hook regarding the said meeting. I'd like to briefly explain my sudden involvement in this project. I am a Precinct Committeeman for Precinct #361. . .attended a meeting at which County SupervisorMike Boyd spoke about the various projects to be funded with the Transportation Bonds. He informed us that 10% of funds are set aside for noise walls and/or other aesthetic considerations for the areas • and residents impacted by road widenings, etc. My ears perked up. . .AHA! maybe there was hope and help for those of us who live on the slope along the west side of La Canada Drive. (I had recently noted what an attractive sound wall had been put up between Oracle and La Canada at the River Road widening.) The advent of more and more traffic- (every new business adds more, e.g. Shamrock Gas and Walgreens) has made it impossible to sleep past 5 a.m. or to enjoy our back yards, where it's hard to hear yourself think, let alone carry on a conversation. (Incidentally,I know the County bonds do no coverr this La Canada Corridor project.) I called the Town Hall to ask for direction as to whom I should talk atatt•- - the widening project. David Hook and I talked, and I was stunned to hear that it was a "done deal". . .would be underway in another month. . .and no-- consideration to a noise problem was ever addressed. . . .and the project had been evolving for FOUR years! We bbught .our home in 199O(when La Canada Drive dead-ended at Naranja! ) and never were we informed about this project or were we invited to any public meetings concerning this. My husband was president of our Village 9A & 9C (Canada Hills) Homeowners Association for three years and we attended meetings for many concerns (the Canada Vista Estates Townhomes for example). Why weren't residza-ts to be impacted by this reconstruction invited to discussion regarding it? The construction work will be outside our bedroom window for almost two years! ! ! I am enclosing a picture taken from our fence line, whi'dh clearly indicates the slope and distance to the street today. Tmagine moving ten feet closer! Another major concern is the stability of the slope. Vision Homes was the developer of our village. The slope was cut and filled. . . .drainage has always been a major problem it was never fully addressed or corrected because Vision HOmes went bankrupt. It was also rumored that they Golf Course water was draining under our property ! ! ! We know our property values have diminished. The Carlton family tried for over a year to sell their home.. . .not one nibble. . . .too much road noise. So we can't enjoy our homes or sell them! ! And we don't believe that trees or asphalt alone will curb the noise pollution.. . a wall ma'be?? S'n ely i - -- ouise-Keene MATCH LINE A-(STA 55+00) MATC211._INE B-(STA 67+00) LAMBERT LANE I i „ - .. I , 1 --- ,', ----- .5:, 1 t_ -4-2 _._0------_,! i -t-; ',,-t iiii '!' '•-, 1 ,,..------ ' . i rt _:ii:,' ,, ( cn a-. 1"- • — f .----'if : -4§ co z, -,..,„ 4 ,__ a 0------1 ,4 l' 21. 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' 31 Ilk, - - Sillil‘J'id 2 VCA141, , -r 1 FA ill.1 ,,--,- . ilt:::,: is____ I...._ - ,H ;,:::,1 i ___ ••- -i --,1- MATCH LINE C-(STA.79+00) MATCH LINE 8-(STA.67+00) --- 1 '415:-_-i---- MATCH LINE A-(STA 55+00) TOWN OF ORO VALLEY AlkGann&Associates '::,? i LA CANADA DRIVE(LAMBERT LANE TO NARANJA DRIVE)IMPROVEMENT PROJECT landscape halted,'end Pima 1814 North Wade Rd.,Sub 210 '-''ibi 1. ....4, Tenon,Ritmo 85704 `, ,..4. t, PHASE ONE LANDSCAPE PUIN Voice:(520)2074540 Fir(520)207-1545 ,, - III 1 t..... ••TCH UNE D-(VA.91+,,) e MATCH UNE C-STA.79-,00) I - , • 1 t :;f: 1 7--I ( ,;, 1 - °A I ijii I 4110 .., '4,0 ,;',• *14 i2 •Tie---,-0, I • 4 " *F-i ' ! alk 4 , . l,.;.:7,,r I + , .1,,,..\\, + — ,I, I 1 7c,) 1.--4.' „ ,i.ii wil.,,-;-0, •. , •,..I ,„ , r. • , • ..., - I ' . • 0 I , -, • — .!!,,, L to ....,.. hi g .711..„ h- ..---k (1y,.1%1 '5 i,!. , (4 . 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MATCH UNE D-(STA.9 1+00) `PFA II' o f T w., r ,..F 6.,,q, ) fR P M TOWN OF ORO VALLEY Ilik Ga::&Assoc so'!ciates -C-11.--::: -.,,,,, ' N 6 ,- - LA CANADA DRIVE(LAMBERT LANE TO NARANJA DRIVE)IMPROVEMENT PROJECT Landscape Architects and Planners . 6814 Nara Oracle Rd,Spite 210 II N.) 1 PHASE ONE LANDSCAPE PLAN Timm,Anton 85704 Voice:(520)297-95411 Far:(520)297-9545 8 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: January 21, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Linda Frew, Planner I SUBJECT: OV13-97-70A La Canada Drive Improvements - Native Plant Salvage Plan SUMMARY: The previous item on this evening's agenda addresses landscape treatment and plant salvage for the areas of the La Canada Drive right-of-way, which have been disturbed. There are a few areas of right-of-way, however, which remain in a natural, or semi- natural state. Those areas are further described in the attached Staff Report to DRB, which provides additional information for your review. DEVELOPMENT REVIEW BOARD ACTION: The DRB reviewed the native plant salvage for this project at its meeting of January 8t1 and, with little discussion, approved the plan unanimously. RECOMMENDATION: Upon viewing the areas along this stretch of La Canada, where there is a potential for native plants to occur naturally, we concur with Mr. McGann's assessment that there is no native vegetation worthy of salvage or preservation in place. As such, we recommend approval of the native plant salvage plan for the La Canada Drive improvements. SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve OV 13-97-70A, the native plant salvage plan for the undisturbed right-of-way associated with the La Canada Drive improvements, as forwarded by the DRB. OR TOWN OF ORO VALLEY COUNCILCOMMUNICATION Page 2 of 2 I move to deny OV 13-97-70A, the native plant salvage plan for the undisturbed right- of-way associated with the La Canada Drive improvement, finding that: ATTACHMENTS: Planning Staff Report to DRB Plans included with previous agenda item 11 it DOF ent Hei r .cA4s .rflv,_/ Town Maria.,-r npsptc.rpt ITEM 1 q ORO VALLEY PLANNING & ZONING DEPARTMENT DEVELOPMENT REVIEW BOARD MEETING DATE: January 8, 1998 TO: DEVELOPMENT REVIEW BOARD FROM: Linda Frew, Planner I SUBJECT: OV13-97-70 La Canada Drive Improvement Project Native Plan Salvage Plan for Unimproved Right-of-Way SUMMARY: The previous item on this evening's agenda addressed those areas of the La Canada right-of-way between Lambert Lane and Naranja Drive, which have embellished landscape treatments. There are a few areas along this stretch, however, where no landscaping exists in the r.o.w., specifically, the Children's World site, Canada Hills, Parcel K, the vacant parcel north of Smith's, the Sombra Office Complex site and both the southeast and southwest corners of Naranja and La Canada. The landscape architect retained by the Town to perform a native plant inventory for the La Canada improvement project has determined that there is no significant vegetation in the right-of-way adjacent to these parcels to preserve or salvage. Existing- vegetation xistingvegetation consists almost entirely of Desert Broom and other invasive species. As such, the plan before you this evening projects no salvage or preservation in place for the above- referenced parcels. These areas will be addressed, however, in the Phase II-plan, which covers the re- landscaping of the r.o.w. after completion of the La Canada Drive improvement project. RECOMMENDATIONS: Planning Staff, after viewing the above-referenced areas, concurs with the landscape architect's assessment that no significant vegetation worthy of salvage or preservation in place exists within the Town's right-of- way there. As such, we suggest that the DRB recommend that the Council approve the Phase I amended landscape plan, as presented, showing no salvage on the above-referenced properties. SUGGESTED MOTION: The DRB may wish to consider the following motions: I move to recommend that the Council approve the native plant salvage plan for the La Canada Drive improvement project, showing no salvageable plant materials in the right-of-way in front of Children's World, the parcel north of Smith's, Parcel K, Sombra Office Complex and the southeast/southwest corners of Naranja/La Canada. This decision is based on a plant inventory conducted by the Town's hired landscape architect, and an assessment that no vegetation with salvage potential exists in those areas. If, however, any vegetation is encountered worth saving, the Town's Zoning Inspector has the authority to require salvage. This motion does not waive the requirement that the right-of-way in these areas be adequately addressed on the Phase II plan for re-landscaping. Attachments: Excerpts from McGann plan .----- - 4.:,,10.47:"•.'; mg..a.q.....1 • III/10.2 lab,VOLlif it I..111t.i -Jut I iiu , • --.....-_______....,__ •,,, t•lee4 , .1(jAt ) 11.111.1'Al.P.4 MN MI Laraiu pa wow,mexori - 133rOW INREADUcilill(mnia WINIIVN at 3NY711136111Y7)3A1110 YUYNY3 vi i .....4 r•s^a`P="1,z5.171.....-4.erif,-..---• - •-- • t \ -;- sagpossy 1 uueoon ATM%OHO JO SAUll ti.... , :4... X 4 .r4:4.4......44 .7''.............17;,..... '.-,--:"_-_',-::-:•2:5::::,-,':.-':L 7 • • - - • - -- (ad+s s"as)•r amn;cum 111Q ••••,,••••••••,,,••••••••••,.....--. 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" •-•'...1-.-.:.-"-. •••••••_•:•:;'.4 ..-..1',•-.•:::::,:.*;,,:,':.,,_.:-.:*;:_:•&•?.,.::-..-'47.•,, _if. :.A..n.". •,-.,--,, Tt-*--.'-'4.''.'..:-:;`-.'7''-'•:,•,*1,--,..,.--.:t,-...•-..4i,--,...-.-.;__,,,„_.,.-''_-"-:..i;,i--,'..:.,--,.-'-':,.-.,-;'..!.';',--''-,,1,,:---.',-•-,.,-,;;:Z-:s,7-•-..„,.'-.-',..,-.r.:'%.,7(.-_•-.'..--..:',-7„.-'.;**_".'...,.::..•.?..e.,,)..'.•,_,,•;---.•.",.-,.:_,-4..,.....•i-,.;,,--:-,,-.-,--;-"-r•7:-.--..,-•_,_.7 -•:•...-..'•• -;.--...:.- ..,..;''-.'--...,.,.,-,-:,!,.--,.-t.•.-•i...!::....'.,.7-7-;-,_;•..-,t::..-.-:..;•:.-.,.--;.,-f,'-,,-:..,,•.7,...,7,.::....:;7;.:T..,...,--,,-,.7.t.7..,,,:,-,.-.-,,-•,•,,t':•-•.,-•,.,,,-,p.J?--•r-4•.4--,#-'-.-7•.--.-;.---.-.•..•.••.•-,..•-..•.._..-..,.--7-.•..1-•3,.-•'.-.;.-,.--._7".,.-,.4.,1,,."_.y..'.,,-.,''-'..7,-.-."-_-,--,-:7:4-.44,-:-:-:7-....,-.?--.:...••.,r--..:'.3--•,,,:--.•"_-_ .--_,.,';;c-.-.;.-;--e:-,7.•.-.:.:,,1•-i---r.,,--,,.,..7..4..:-.,-:..:.--a--7--,4.-..'•.-,,.-.-4...=...--a..r-.„,4---'-.,-.,,-',--.'7:.*7-.-......4,.,..-,..,,:._.-,,...-...-',:`-,.----4-.-._,'-,-:.-.-,t..lp....-r-:r-i,-1i,a..t-";.:..,.:-..f.--,...c,..;._-,,•:_--4,-4-,'...4-.1--.,-.,:.,,.-:,--.--,•,,---•,.:.-)--.-•---:..-,r-,----,•=•:-,-.a1/4..-,.;--,,'--_-,;,,-.,.:.V..--,..„-.,,,-.-.;••,,-".-----4i.4..-";'-.-„..-,-,,'•,;;,:-%-,-,'=,.--.•'"-....-....•,-!.-.-?.`.-,....,Y:...--e'-''...c.'-,•,-`=.,,,!1:,-,,-,.--'6-,,1.„t-,,,,,,,.1',-,,.4.',w-.-.,e.;.I,---z---- z,.e.t7,5,_-L.-.-.6.:_.,,,.r..:...';--•e.-._z,,,i7:-:''_-;'_--_3-- 4 : 4 - 7 , X , _'":._'-•,:-..-.:.,- :.- TOWN OF ORO VALLEY ;'OUNCIL COMMUNICATION MEETING DATE: January 21, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Linda Frew, Planner I SUBJECT: Oro Valley Parks and Recreation Department Request for Approval of a Sign Waiver - Dennis Weaver Park SUMMARY: The Parks and Recreation Department of the Town of Oro Valley has requested that the Town Council grant a waiver to the Oro Valley Sign Code, to allow for posting of the park "rules". Two signs are proposed, one general rules sign 12 sq. ft. in size, mounted 18 inches above grade. The sign will be mounted on posts and the text for the sign will be white on a brown background. A second, smaller sign 6 sq. ft. in size, will be of the same design. The proposed text for that sign will outline the rules for the playground specifically. Both signs will be located so as not to be visible from off the park site. RECOMMENDATION: Planning Staff recommends approval of this request for the two park signs, finding that a statement of the rules, visible to all park visitors, will promote safety in the park and discourage misuse of the facilities. SUGGESTED MOTION: The Mayor and Council may wish to approve the Parks and Recreation Department's requests for a sign waiver as part of this evening's consent agenda. ATTACHMENTS: 1. Ken Lawrence's memo of explana' 6 2. Sketches of proposed signs epent ealIP own Manager L\forms\signwavr.tcc MEMORANDUM Date January 7, 1998 To Linda Frew, Planner I Planning and Zoning Department From : Ken Lawrence,Parks and Recreation Administrator "74... Subject Signs for Dennis Weaver Park Re Copy of sign detail Per our discussion this morning, attached is a copy of the signs that are being produced for Dennis Weaver Park. These signs are regulatory in nature and will be posted at key pedestrian entry points near the middle of the park as well as those interior areas where large crowds tend to gather. Please let me know if you have any specific comments. Cc file PARK SIGN SPECIFICATIONS Park Rules; 1. Sign Size: 48"(h) x 36"(w) or as appropriate for lettering 2. Qty: 2 3. Colors: Forest Brown background with white letters and white border 4. Size of letters: see attachment 5. Sign Material; .080 aluminum with holes drilled in corners 6. Mounted on brown painted angle iron frames with carriage bolts/lock nuts 7. Frames & caps welded to 7'ft. metal post pipe, 4" OD, Schedule 40, painted ii, • ......:: Forest Brown to match 8. Detail: - AiIllk " .. " 4111k. • • postcap - - . — f • T post . - • ° 1.. • i • • • .i.. - .. : . . - I. • - frame • " t . . . .. . . - i• • . , • , I . 0* . • . • . . • . . - - sin � - . --• - 1 ' : . . / 1/ - . . • 1 . • -• 1 5 6 . . . • • . . • ,. • •• - . • I 5c;. I • mounting tilts" ' • . t • 1 • - . i :•• . • -. . • - ••.. . j ... . •-• .• . . •• • • - • •.. • . : .-• . . • . • . - • - . . . • . . . : • . • . . • . - - . - . • . . - w .. .. . • • • . . . . . . , : • - .. . . • • • • •• • J • • • • • • • • . ..• \ %6 . . . . • • • • • • • • • • • - - _ • - • • -..... - - • . . grade . • • . . . • 151 •.• .• , • • •• •concrete •• • - . . . •, .. • •• (18" dept ) - •• • . . „.a .... . .. . . . . . . . • anchor bolt -•• •• TOWN OF ORO VALLEY (1112") PARKS AND RECREATION (1 1/2") PARK RULES (2") OV Ordinance #96-54 (2") (3/4" from here on down) 1. Hours. 6:00 a.m. through 10:00pm. 2. Pets must be on a leash at all times. 3. Pet owners must clean up after their pets. 4. No Alcohol allowed. 5. Inappropriate conduct or behavior towards other park patrons may result in loss of park privileges and criminal prosecution. 6. Abuse of park facilities may result in loss of park privileges and criminal prosecution. 7. No motorized vehicles allowed except in designated areas. 8. It is unlawful to destroy, damage, deface, or remove any park property. 9. It is unlawful to use any Town Park for commercial purposes, public meetings, assemblies, erection of signs or banners, fences, barriers or structures, to distribute advertising materials, or to sell any goods and/or services without a written permit. 10. No littering allowed. 11. Some facilities are available on reserved basis. Please call 797-9096, 8:30-5pm, weekdays for information. 12. No firearms allowed. 13. No saddle, pack, or draft animals allowed except in approved areas. 14. No grazing or roaming of livestock allowed in any Town park. 15. Open Fires allowed in approved BBQ grills only. 16. No aircraft, parachute, model, or hang gliders allowed except in approved areas. 17. Do not remove, mutilate, damage, or deface any natural resource in park. • 18. No car repair work allowed except in cases of emergency. 19. Use of metal detectors allowed with permit only. 20. No climbing in trees. 21. No swimming when pool is closed. 22. No golf activity in any Town park except in approved areas. 23. Children 6 years of age and under must be accompanied and supervised by an adult or responsible teenager at least 14 years of age. 24. No glass containers allowed. 25. No skateboard, rollerskates, bicycle, or rollerblades except in approved areas. 26. No Smoking allowed in or around bleachers, restrooms, ramadas, swimming pools, dugouts, ballfields, or playgrounds. 27. Penalties: Violation of the code provisions will be punished as a misdemeanor with a fine not to exceed $2,500.00 or a period of incarceration not to exceed six months or both. ' PARK SIGN SPECIFICATIONS • • Playground Rules; 1. Sign Size: 36"(h) x 24"(w) or as appropriate for lettering 2. Qty: 1 3. Colors: Forest Brown background with white letters and white border 4. Size of letters: see attachment 5. Sign material; .080 aluminum with holes drilled in corners • 6. Mounted on brown painted angle iron frames with carriage bolts/lock nuts 7. Frames & Caps welded to 3" OD metal post pipe, 7' ft. length, Schedule 40, painted Forest Brown . 8. Detail: • •• . • • •. • • • . • • ' postcap .•• • •. •• post i • .fram- • l• • • 1 . • • . • . • • • �1 • • • ' • •�'' sin• -•••. • • ,. • • - . • l •• - I : . . . . . . . ' • ' • • mountin bolts • . • E—••. — .—. • ......... - •• ' . •. • • .. . . .•.-.1..:.. ....; • *-. .. iI • •• • • • ... . — At'. .. • • ••: • . -• ** • a. .• f . • • grade •' . . • . • . . • • . . •• ....... - - - • :• •.. . . ... . 4 .5..1. ..:,-..- ... • . .• .. . .., ..... .., . .• • . .. . . . . . • . •. .. a . • t • , • :. :. . . • •• ' '. • •concrete — . • ' . . 1' . .. • • • • - •.. .. ••• • .- .. : • . ; , i . . . • • • .. - . • . .. !, . . . • . . .. • . • . . • • . • . !1• . - . . • • . I: . . • E •• - •.• . • anchor bolt • • ' ' • :•• • • • ♦• • •.•I, • TOWN OF ORO VALLEY (1112") PARKS AND RECREATION (1 1/2") PLAYGROUND RULES (2") (3/4" from here on down) 1. Children under the age of 6 must be supervised by an adult or responsible teenager at least 14 years of age. 2. No glass containers allowed. 3. Only one child on a slide or ladder at a time. 4. No pushing, fighting, or rough play. 5. No one over 14 years of age is to loiter in playground area unless supervising a child or visiting with a child's supervisor. 6. Do not play directly in front of slide exits. 7. All children must go down slides feet first. 8. No bare feet on play structures. 9. Playground subject to temporary closure when temperatures exceed 100 degrees Fahrenheit. 10. Please report any damage at 742-5445 or 797-9096. 10 TOWN OF ORO VALLEY COUNCIL COMMUIITICATION MEETING DATE: 1/21/98 TO: HONORABLE MAYOR AND COUNCII, FROM: Tobin Sidles, Town Attorney SUBJECT: Resolution number (R) 98- 05 SUMMARY: The Council already approved a settlement agreement on this matter, which involves litigation between the City of Tucson, Metropolitan Water and the Town of Oro valley regarding the use of CAP water. The prior approval did not include a trustee's agreement. When the parties finally agreed on a trustee and discussed it with them, some changes in the settlement agreement were found to be necessary. You are being asked to approve a new settlement agreement and the Trustee agreement by passing this resolution. This resolution also voids your earlier agreements approval. ATTACHMENTS: 1) Resolution number (R) 98- 05 2) New settlement agreement 3) Trustee agreement FISCAL IMPACT: Approximately 7% of the total settlement costs, to be paid for out of water revenues. RECOMMENDATIONS: Acceptance is recommended SUGGESTED MOTION: I move that we accept Resolution number (R) 98- 05 or I move that we accept Resolution number (R) 98- 05 with the following changes or I move that we deny Resolution number (R) 98- 05 . - -;-1----------, -----1/ Signature of Department Head a44/621/1 Tow2r'sR eview RESOLUTION NO. (R) 98-05 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF A NEW SETTLEMENT AGREEMENT AND TRUSTEE AGREEMENT BETWEEN THE TOWN OF ORO VALLEY, THE CITY OF TUCSON, AND THE METROPOLITAN WATER DISTRICT (MDWID). WHEREAS, the Town of Oro Valley has the responsibility of caring for the welfare of its citizens; and WHEREAS, the Town of Oro Valley has the authority to settle lawsuits and enter into contracts to provide for the health, safety and welfare of its citizens; and WHEREAS, approval of a new settlement agreement and trustee agreement with the City of Tucson and Metropolitan Water (MDWID) regarding Central Arizona Project water is found to be in the Town's best interests; and NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AS FOLLOWS: 1 . That the settlement agreement and trustee agreement attached hereto(including all exhibits and communications mentioned or implied therein) between the City of Tucson, The Metropolitan Water District (aka MDWID) and the Town of Oro valley providing for the terms of Central Arizona Project Water are hereby approved, subject to any minor modifications as are found necessary by Town Staff. 2. That the Mayor of the Town of Oro Valley and all necessary administrative officials and employees are hereby directed and authorized to take all necessary steps related to the execution of said agreement. 3. That copies of this document shall be kept on file at the offices of the Town Clerk 4. That Resolution (R) 97-75 is expressly declared null and void with the adoption of this resolution. Should any part of the agreements be found to be of no effect by a court of competent jurisdiction, that portion of the agreement is severable and will not effect the remainder of the documents. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 21St day of January , 1998. TOWN OF ORO VALLEY, ARIZONA Cheryl Skalsky, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney