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HomeMy WebLinkAboutPackets - Council Packets (1647) AGENDA ORO VALLEY TOWN COUNCIL (RESCHEDULED) REGULAR SESSION OCTOBER 27, 1998 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS — TOWN MANAGER The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE — According to the Arizona Open Meeting Law, the Town Council may only discuss matters listed on the Town Council Agenda. Matters brought up by the public under "Call to Audience" cannot be discussed by the Town Council as they have not been placed on the agenda. Any items must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience'; please specify what you wish to discuss when completing the blue speaker card. 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — October 7, 1998 B. Police Report C. Oro Valley Building Safety Department Activity Report — September 1998 D. Reappointment of members to serve on the Municipal Property Corporation effective 12-01-98 E. Resolution No. (R)98-81 Authorizing and Approving a Consent Order for a 12-month Extension to Comply with State Backflow Prevention Regulations F. Resolution No. (R)98-82 Consideration and Possible Approval of an Amendment to the Town FY 1998-99 Capital Improvement Plan G. OV12-97-19 Resurrection Lutheran Church Revised Landscape Plan for a Columbarium (Located on North First Avenue, north of Naranja Drive) H. OV12-98-14 Rancho Catalina Offices Development Plan (Located on the east side of Oracle Road, north and adjacent to the Dome Building) 10/27/98 Agenda, Regular Council Session 2 I. OV12-98-14 Rancho Catalina Offices Landscape Plan (Located on the east side of Oracle Road, north and adjacent to the Dome Building) J. OV13-98-81 Rancho Vistoso Entry Monuments Revised Landscape Plan 2. PUBLIC HEARING — RESOLUTION NO. (R)98-83 REQUEST TO VACATE A PORTION OF THE ORACLE ROAD RIGHT OF WAY TO WILLIAM E. AND BILLIE J. ANDERSON 3. 0V12-93-13 GOLF VILLAS AT ORO VALLEY (FORMERLY CANADA VERDE APARTMENTS) REVISED DEVELOPMENT PLAN (Located east of La Canada Drive, south and adjacent to Oro Valley Town Hall) (Continued from 10-07-98) 4. RESOLUTION NO. (R)98-84 SUPPORT OF LANGUAGE IN SENATE BILL 1127 RELATING TO THE ABILITY TO ADOPT LOCAL AMENDMENTS TO THE STATE PLUMBING CODE 5. RESOLUTION NO. (R)98-85 APPROVING THE SALE OF JONES COMMUNICATIONS OF ARIZONA FRANCHISE AGREEMENT APPROVAL TO THE COMCAST CORPORATION, 6. RESOLUTION NO. (R)98-86 ADDITIONAL FUNDING FOR TRANSIT/TRANSPORTATION VIA HOUSE BILL 2565 7. RESOLUTION NO. (R)98-87 APPROVAL OF PARSONS- BRINKERHOFF AS CONSULTANT FOR THE TOWN'S "TRANSIT SERVICES — ELEMENT OF THE GENERAL PLAN" 8. RESOLUTION NO. (R)98-88 APPROVAL OF THE TRANSPORTATION COMMITTEE FOR THE FACILITATION AND IMPLEMENTATION OF THE TOWN'S TRANSIT SERVICES — ELEMENT OF THE GENERAL PLAN" TOWN MANAGER'S REPORT ENGINEER'S REPORT FINANCE DIRECTOR'S REPORT COMMUNITY DEVELOPMENT DIRECTOR'S REPORT POLICE CHIEF'S REPORT COUNCIL COMMITTEE REPORTS CALL TO AUDIENCE- According to the Arizona Open Meeting Law, the Town Council may only discuss matters listed on the Town Council Agenda. Matters brought up by the public under "Call to Audience" cannot be discussed by the Town Council, as they have not been placed on the agenda. Any items must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience'; please specify what you wish to discuss when completing the blue speaker card. 10/27/98 Agenda, Regular Council Session 3 ADJOURNMENT POSTED: 10/20/98 4:30 P.M. RG A packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:30 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, at 297-2591. INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. A MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION le).A0 OCTOBER 7, 1998 ORO VALLEY COUNCIL CHAMBERS1(%� 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER ROLL CALL PRESENT Paul Loomis, Mayor Paul Parisi, Vice Mayor Dick Johnson, Council Member Fran LaSala, Council Member ABSENT: Cheryl Skalsky, Council Member EXECUTIVE SESSION AT OR AFTER 5:30 PM A MOTION was made by Council Member Johnson and SECONDED by Council Member LaSala to go into an Executive Session at 5:35 p.m. in accordance with ARS 38- 431.03 (A)(3) to obtain legal advice from Town Attorney or Town Legal Counsel and in accordance with ARS 38-431.03 (A)(4) discussion or consultation regarding pending litigation concerning: 1. John Fazio lawsuit and appeal 2. City of Tucson vs. Grant Woods, Arizona Supreme Court No. CV-98-0010-PR; Tortolita vs. Oro Valley, Superior Court Case Number 323531 and related litigation 3 Tortolita vs. Town of Oro Valley, Superior Court No. 328365 (Sabalos) 4. Lathrem vs. Town of Oro Valley, United States District Court No. CIV 98-447 TUC ACM (Marquez) 5. Schmitz vs. Town of Oro Valley, Superior Court No. 328724 MOTION carried 4—0. A MOTION was made by Council Member Johnson to go out of the Executive Session at 6:50 p.m. MOTION SECONDED by Vice Mayor Parisi. MOTION carried 4—0. RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER - 7:05 p.m. 10/07/98 Minutes, Council Regular Session 2 ROLL CALL PRESENT Paul Loomis, Mayor Paul Parisi, Vice Mayor Cheryl Skalsky, Council Member Dick Johnson, Council Member Fran LaSala, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the meetings for the upcoming week. He also reported that the 1998 Jazz Fest will hold events nightly during the week of October 5 — 10t. CALL TO AUDIENCE No speakers. 1. CONSENT AGENDA At the request of Council Member Skalsky, Mayor Loomis pulled Consent Agenda Items O and P for discussion. MOTION: Council Member Johnson Moved to approve the Consent Agenda, Items A- N and Q-R. A. Minutes—September 9, 11, 16, 23, 1998 B. Finance Report C. Police Report—August 1998 D. OV12-96-3A Rancho Vistoso Neighborhood 11, Parcels H & N Landscape Plan/Entry Monuments E. OV12-98-06 Moonridge Landscape Plan for a 37.74 acre, 48 lot custom home subdivision (Property located north of Tangerine Road and west of Piping Rock Road F. OV09-94-7a Request to Amend Final Plat for Sunridge II —Access to Lot 50 G. OV 12-95-17 La Cholla Estates Revised Landscape Plan (Property located on the northeast corner of Naranj a Drive and La Cholla Blvd. H. OV12-80-03 Palo Verde Christian Church at Pusch Ridge Amended Development Plan I. OV 12-92-09 Substitute Assurance Agreement for Naranja Ranch I, Lots 86-116 10/07/98 Minutes, Council Regular Session 3 J. Resolution No. (R)98-71 Requesting the Arizona Department of Transportation to Provide Directional and/or Distance Signage With Regard to the Town of Oro Valley Along State Roads and State Routes K. Resolution No. (R)98-72 Acceptance of a License Agreement to allow for placement and maintenance of landscaping on Lot 277 of Sun City Vistoso, Unit 12, adjacent to Lot#53 L. Resolution No. (R)98-73 Acceptance of a License Agreement to allow for placement and maintenance of slope protection along Valle del Oro Road to the Valle del Oro Townhomes M. Resolution No. (R)98-74 Awarding a Contract Proposal to Turner Laboratories, Inc. to provide Phase II - Phase V Water Quality Testing for the Oro Valley Water Utility N. Resolution No. (R)98-75 Awarding a Contract to Westland Resources, Inc. to provide Engineering Services to prepare a Potable Water System Master Plan for the Oro Valley Water Utility O. Resolution No. (R)98- 76 Approval of a Financial Participation Agreement with the Greater Tucson Economic Council (GTEC) (PULLED FOR DISCUSSION) P. Resolution No. (R)98-69Approval of Agreement with the Greater Oro Valley Arts Council (GOVAC) (Continued from 09/17/98) (PULLED FOR DISCUSSION) Q. Resolution No. (R)98-77 Approval of a contract between the Town of Oro Valley and Territorial Sign Company regarding the provision of Kiosk Signage R. Appointment of Library Advisory Committee Members (Dick Johnson, Kate O'Reilly, Maryanne Schumacher, Lynn Weise Sneyd, Henry Suozzi, Jayne Kunnemeier, Agnes Griffin, and to be named; a Canyon del Oro Student, a representative from Amphitheater School District , a non-Oro Valley resident to be appointed by the Heritage Highland Homeowners Association and other members as needed) CONSENT AGENDA ITEM 0: Resolution No. (R)98- 76 Approval of a Financial Participation Agreement with the Greater Tucson Economic Council (GTEC) Finance Director David Andrews reported that the Council discussed a financial participation agreement with the Greater Tucson Economic Council at their July 6, 1998 Study Session. He explained that subsequent meetings were held to address some concerns. The financial agreement represents the result of those meetings. Council Member Skalsky expressed her concerns regarding the agreement and asked what type of assurances the Town would have regarding the rewards back to the Town for the $20,000 funding. Council Member Johnson explained that in deliberations with GTEC, reporting mechanisms on behalf of Oro Valley's economic development were put into place. He stated that he was comfortable that the feedback provided by GTEC that would keep the 10/07/98 Minutes, Council Regular Session 4 Town and the Town's Economic Development Administrator, Norm Phillips, apprised of what was happening in the area. Council Member Johnson also reported that website links would be provided, and initiatives would be developed to ensure that Oro Valley is shown as a potential industrial site. Mayor Loomis stated that Section 2 of the agreement identifies the services to be provided by GTEC. He stated that it also states that GTEC will provide quarterly reports regarding promotion of job development within the Town's limits and inform the Economic Development Administrator of GTEC visits to local industries to facilitate mutual participation in expansion and retention efforts in Oro Valley. Mayor Loomis also stated that Section 4 of the agreement establishes the evaluation criteria that will be used to monitor the progress of GTEC. Council Member Skalsky stated that all these things have been done in the past. She asked what industries or business have been specifically brought to Oro Valley through the efforts of GTEC. She asked what does the Town of Oro Valley get in return for the $20,000? Mayor Loomis stated that businesses have been brought into the Greater Tucson area that have made a positive impact on Oro Valley. He also stated that the agreement identifies the services, and if the reports are not in compliance, then the funding can be withheld. Mayor Loomis stated that GTEC has been asked to increase their efforts with respect to the northwest area. He also stated that it was felt that after reviewing GTEC's reports, it was in the Town's best interest to support the Greater Tucson Economic Council. Robert Gonzales, Greater Tucson Economic Council, stated that GTEC represents greater Tucson, including Oro Valley, Marana, Tucson, South Tucson, and Green Valley and other areas in the metropolitan area. He explained that they pull together all resources to attract industries to the area. He stated that it was more efficient to pool the monies and service the entire metropolitan area. He stated that they work closely with Oro Valley's Economic Development Administrator Norm Phillips. He stated that the success of GTEC in the past five years has been tremendous. Mr. Gonzales stated that there has been a lot of growth in the area and retail businesses come where growth has occurred. MOTION: Council Member Johnson MOVED to approve Resolution No. (R)98-76, approving a $20,000 allocation to the Greater Tucson Economic Council. Mayor Loomis SECONDED the motion. DISCUSSION: Vice Mayor Parisi stated that GTEC does have a "ripple" effect on the economy of the Town of Oro Valley. He stated that GTEC has progressed over the years. Council Member Skalsky stated she had a problem with giving $20,000 without knowing what kind of return and control the Town has. Council Johnson stated that there are many fragmented issues in the region. GTEC acts as a conduit to help bring communities together in the economic development of the 10/07/98 Minutes, Council Regular Session 5 entire area. He stated that he and Norm Phillips will be active participants. He stated that dollars are invested and hope that it will be a wise investment. CALL FOR THE QUESTION: Motion carried, 4— 1, with Council Member Skalsky opposed. CONSENT AGENDA ITEM P: Resolution No. (R)98-69 Approval of Agreement with the Greater Oro Valley Arts Council (GOVAC) Town Attorney Tobin Sidles stated that the agreement with the Greater Oro Valley Arts Council was continued from the Town Council meeting of September 17, 1998. He stated that comments that have been received since that meeting that have been incorporated into the agreement. Council Member Skalsky stated that she has no problem with the contract itself, but she has asked to have the Oro Valley Arts Board reactivated. She stated that she is in support of GOVAC, but the Town should have an Arts Board that works under the direction and rules of the Town Council. Vice Mayor Parisi stated that the Arts Advisory Board was advised by Council but it has now involved into an Arts Council that can act as an independent group that can raise monies and still work with the Town. In answer to a question from Council Member LaSala, Mr. Sidles stated that the resignations were never officially accepted and the Town's Arts Advisory Board is still in place. Community Development Director Don Chatfield stated that they are working on the re- formation of the Town's Arts Advisory Board. He explained that they hope to bring names forward to Council within the next month or so. He stated that it would be critical to have a Town Arts Advisory Board in place as there would be major public art projects coming forward. Mayor Loomis stated that staff was directed at a Study Session to review and identify where the Town's Arts Advisory Board and the Greater Oro Valley Arts Council responsibilities lie with respect to the Town. MOTION: Council Member LaSala MOVED to approve Resolution No. (R)98-69, the proposed agreement between the Town and GOVAC with attachments. Council Member Johnson SECONDED the motion. Motion carried, 5 —0. Mayor Loomis moved Agenda Items 10, 11, and 16 forward on the Agenda. 10. RESOLUTION NO.(R)98-79 DECLARING AS A PUBLIC RECORD THAT DOCUMENT KNOWN AS "DEVELOPMENT AGREEMENT BETWEEN 10/07/98 Minutes, Council Regular Session 6 THE TOWN OF ORO VALLEY AND PEREGRINE INVESTMENTS FOR THE CANADA CROSSROADS COMMERCIAL DEVELOPMENT" Community Development Director Don Chatfield stated that if Council elects to approve the Development Agreement between the Town and Peregrine Investments, Resolution (R)98-79 declares the amendments a matter of public record. He stated that this action would not approve the agreement, but approves the resolution that makes the agreement a public record. MOTION: Council Member Johnson MOVED to approve Resolution No. (R)98-79, making that document known as "Development Agreement between the Town of Oro Valley and Peregrine Investments for Canada Crossroads Commercial Development" a public record. Council Member LaSala SECONDED the motion. Motion carried, 5 —0. 10. RESOLUTION NO. (R)98-80 PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND PEREGRINE INVESTMENTS FOR THE CANADA CROSSROADS COMMERCIAL DEVELOPMENT LOCATED ON THE SOUTHWEST CORNER OF LAMBERT LANE AND LA CANADA DRIVE Town Attorney Tobin Sidles stated that concerns were raised in the past by neighbors regarding the Development Agreement with Peregrine Investments. He explained that most of the concerns have been addressed and staff recommends approval of the agreement. Community Development Director Don Chatfield thanked the neighbors, Mr. Bill Adler, and Frank Bangs, attorney for Peregrine Investments, for all their work on the development agreement. He stated that during a meeting with the neighbors, the neighbors requested that the development agreement would limit any request for a conditional use permit to frontage parcels only. Mr. Chatfield explained that including such a clause would violate the due process protection for the property owners so staff would be unable to support that additional clause in the agreement. He explained that staff supports the approval of the development agreement without that clause. In answer to a question from Council Member Skalsky regarding swale and a detention basin, Mr. Chatfield explained that concerns had been expressed regarding the amount of time during which water would be discharged from the development into the swale. He stated that the rate of flow is being decreased through the development, but the retention on the site is longer. Concerns were expressed that this might cause some erosion effects downstream. He stated that this concern is being addressed in the development plan with a condition that additional drainage work be done. Town Engineer David Hook stated that the proposed work is suitable and will meet Town Code and protect the downstream residents. In answer to a question from Council Member Skalsky, Mr. Hook stated that the retention would be less than one day. 10/07/98 Minutes, Council Regular Session 7 Mayor Loomis opened the public hearing. Gary Chandler, 10390 N. Rancho Sonora Drive, asked that the Mayor move Agenda #12 up to follow discussion on Agenda #1. He stated that they have been through a long battle and he is still a little skeptical regarding the development plan. Jerry Roberts, 10280 N. Camino Valdeflores, thanked the Mayor, Council, and staff for their continued support. He stated that the agreement may not be the total agreement that the neighbors were hoping for, but he feels that they can all live with the development agreement. He asked that the neighbors be notified of all future requests regarding the development as they are concerned with what could be developed and how it will affect their quality of life and property values. George Jai, 10262 N. Hacienda Hermosa, thanked the Mayor, Council and staff for their efforts. He stated that they are "scared to death" of the possibility of variances that may open up future developments that would be incompatible with the C-N zoning. He stated that there is a bit of skepticism as well as a good deal of hope regarding the development plan. Jim Ruhman, 10380 Hacienda Hermosa, stated that the residents are going along with the agreement as they feel it needs to move forward. Mr. Ruhman referenced the proposed agreement regarding conditional uses in the frontage area and stated that he is scared about what could possibly happen. He stated that the residents are putting their trust in the hands of the Council. He asked that what Council allows on the corner be compatible with the surrounding subdivisions and that they hold the developer responsible to the C-N zoning. Bill Adler, 10720 N. Eagle Eye Place, referenced Paragraph F, on page 2 of the Development Agreement, and stated that he found it offensive that the concept of natural open space was contingent upon conditional uses. He stated that they have reached an impasse. He stated that the property owner acknowledges that the Town has the authority to condition applications for conditional use permits which represents a change to the positive. He stated that there are risks on both sides, but he feels that they have an agreement that is workable and fair for the both the residents and the developer. Debbie Kimball, 10281 Camino Valdeflores, thanked the Mayor, Council and staff for their guidance and patience. She stated that the residents has worked hard to protect the neighborhoods' lifestyles and investments. She stated that she trusted the Council to protect the neighborhood and Town from over commercialization. Frank Bangs, 1 S. Church, representing the applicant, Peregrine Investements, urged Council to act favorably and he expressed his thanks to Town Staff for their time and patience. He also thanked the neighboring property owners and Bill Adler for their time, patience and efforts. 10/07/98 Minutes, Council Regular Session 8 Vice Mayor Parisi stated that he hoped Council and future councils would live up to the neighbors' expectations. Council Member Johnson stated that he felt this agreement sets a precedence for future dialog between neighbors and developers to work together on issues. He commended the neighbors and the developer for their efforts. MOTION: Council Member Skalsky MOVED to adopt Resolution (R)98-80. The Development Agreement between the Town of Oro Valley and Peregrine Investments for the Canada Crossroads commercial development with the following conditions, the neighbors will be notified of any request, condition, variance, lawsuit, etc. that is going on in that area. Also, note somewhere in the documents for future councils to keep an eye on open space dedication and to work with Peregrine to use that open space dedication to enhance it. If the open space goes back to the developer, any profit will be returned to the Town and/or the neighborhood for either parks or beautification of that area. Council Member LaSala SECONDED the motion. AMENDMENT TO THE MOTION: Council Member LaSala and Mayor Loomis asked to amend the motion to include that the Neighborhood of Rancho Feliz be notified by mail of any meetings or hearings by both the Town and the applicant. Council Member Skalsky agreed to the amendment and included that they shall be notified by whatever means within 24 hours of the meeting being set or any other request being made and until the Town has acknowledgement of receipt of notification. Notification shall be kept on file by the Town. Council Member LaSala agreed to the amendments. CALL FOR THE QUESTION: Motion carried, 5 —0. Mayor Loomis recessed the meeting at 8:25 p.m. The meeting was resumed at 8:40 p.m. Mayor Loomis moved Agenda Item 14 to follow. 14. OV9-96-7 ORDINANCE NO. (0)98-33 REQUEST FOR EXTENSION OF TIME LIMIT FOR OV9-96-7, CANADA CROSSROADS CONDITIONAL REZONING (CONTINUED FROM 09/02/98) Community Development Director Don Chatfield stated that the Mayor and Council approved a conditional rezoning for Canada Crossroads on March 5, 1997. He stated that the applicant has requested that Council extend the conditional rezoning for two years stating that the time extension would allow sufficient time to resolve the grading waiver and to submit a new development plan that may reflect the grading waiver and details of specific users' building design. Mr. Chatfield stated that the request has been reviewed against the General Plan and it is in compliance with the General Plan Land Use Map. 10/07/98 Minutes, Council Regular Session 9 He stated that the Canada Crossroads also complies with the General Plan relating to economic development. Mr. Chatfield stated that staff recommends a one year extension until the date of March 5, 2000. If construction has not begun on or prior to that date, the conditional rezoning shall expire without further legislative action. Mayor Loomis opened the public hearing. Jerry Roberts, 10280 N. Camino Valdeflores, stated that the neighbors support a one year extension of the conditional rezoning. Frank Bangs, 1 S. Church, representing Peregrine Investments, stated they are requesting a two year extension to insure they can accomplish all objectives. Mayor Loomis closed the public hearing. MOTION: Council Member Skalsky MOVED to adopt Ordinance No. (0)98-33, extending the conditional rezoning for Canada Crossroads (0V9-96-7) to March 5, 2000. If construction has not occurred on or before that date, the conditional rezoning shall expire without further legislative action. Vice Mayor Parisi SECONDED the motion. DISCUSSION: In answer to a question from Council LaSala, Mr. Chatfield explained that if the applicant allows the conditional rezoning to lapse, they would have to request another rezoning. If they make a request for an extension prior to the conditional rezoning lapsing, it would come back to Council for their consideration. Council Member Johnson stated that there was a lot of timing involved in development. He stated that he felt January 1, 2001 was more reasonable to make sure the development was viable for the Town. Council Member Skalsky stated that a lot can happen by the year 2001 and she felt that the applicants could always ask for another extension if it is appropriate. Mayor Loomis stated that the developer has demonstrated their ability to move forward in a reasonable amount of time and he was in favor of a one year extension. CALL FOR THE QUESTION: Motion carried, 4 — 1, with Council Member Johnson opposed. 10/07/98 Minutes, Council Regular Session 10 Frank Bangs, 1 S. Church, representing Peregrine Investments, requested that Council pull Agenda Items 12 and 13 due to Council's decision on the time extension for Canada Crossroads. MOTION: Vice Mayor Parisi MOVED to TABLE Agenda Items 12 and 13. Council Member LaSala SECONDED the motion. Motion carried, 5 —0. 12. OV12-98-12 CANADA CROSSROADS DEVELOPMENT PLAN FOR A PROPOSED COMMERCIAL DEVELOPMENT CONDITIONALLY ZONED C-N (PROPERTY LOCATED SOUTH OF LAMBERT LANE ON THE WEST SIDE OF LA CANADA DRIVE) (CONTINUED FROM 09-02-98) Agenda Item 12 was TABLED at the request of the applicant. 13. OV12-98-12 CANADA CROSSROADS LANDSCAPE PLAN FOR A PROPOSED COMMERCIAL DEVELOPMENT CONDITIONALLY ZONED C-N (PROPERTY LOCATED SOUTH OF LAMBERT LANE ON THE WEST SIDE OF LA CANADA DRIVE) (CONTINUED FROM 09-02- 98) Agenda Item 13 was TABLED at the request of the applicant. 16. TOWN OF ORO VALLEY RESPONSE TO U.S. FISH AND WILDLIFE SERVICE COMMENT PERIOD ON PROPOSED LANDOWNER GUIDANCE AND SURVEY PROTOCOL FOR THE CACTUS FERRUGINOUS PYGMY-OWL Town Manager Chuck Sweet stated that Agenda Item #13 provides the Town Council the opportunity to provide comments to the U.S. Fish and Wildlife Service on the proposed Landowner Guidance and Survey Protocol for the Cactus Ferruginous Pygmy Owl. Mr. Sweet also explained that the Town has conducted a Pygmy Owl survey of the CDO Riverfront Park property under the current protocol procedures and there were no findings. He stated that there also was a survey performed in Rancho Vistoso Neighborhood 11 with no findings under the current protocol. Mayor Loomis opened the floor for public comment. Mark Lewis, 11810 N. Copper Butte, stated that he has been tracking the Endangered Species Act and felt the Act was a good law. He stated that he had a problem in that the Town is being put in a position to react to something that has not been done legally to start with. He stated that when a protocol is done, an economic analysis is supposed to be done. He stated that no financial impact analysis has been done. Mr. Lewis stated that if the current protocol is adopted, it could have a devastating effect on the Town. He asked Council to send the protocol back to the U.S. Fish and Wildlife Service, and ask that they follow the Endangered Species Act and perform the economic impact analysis 10/07/98 Minutes, Council Regular Session 11 that should have originally been conducted. He stated that there are many questions that should be answered regarding the implementation of the protocol. June Stevens, 14452 N. Rock Springs Lane, expressed her concerns regarding the Pygmy Owl and the Endangered Species Act. She stated that they are property owners of 68 acres that are in the Pygmy Owl habitat and they can not sell or use their property. She stated that they have been threatened by the U.S. Fish and Wildlife Service if they so much as move one bush off their land. Ms. Stevens urged the Council to be careful of the possible outcome of the protocol. Mary Darling, 3431 N. Camino de Piedras, stated that she is a professional wildlife biologist. She stated that the survey protocol that the U.S. Fish and Wildlife Service is recommending was much like the protocol she used when she performed Spotted Owl surveys. The Spotted Owl surveys are for very large areas of timber, with very little access and more extreme weather than the desert areas. She stated that the new proposed survey protocol was "over-kill" for the Pygmy Owl survey protocol. In answer to a question from Vice Mayor Parisi, Ms. Darling agreed that the tape recorded call of the Pygmy Owl used to locate the owls, could desensitize the birds when there is too much tape recorded calling. Charles Hulsey, 11361 N. Twin Spur Court, expressed his concerns with the conditions in the survey protocol. He stated that the way it is written, surveys would have to be conducted every year during construction (if construction is not completed during the year of the completion of the survey) even after clearance is given. The surveys take two years to complete, so construction would cease for those two years while the survey is being conducted again. He stated that no methodology is provided in the Pygmy Owl survey protocol which he felt causes problems. Dick Maes, 955 Vistoso Highlands, asked that Council take a unified vote and submit to the U.S. Fish and Wildlife Service and various governmental agencies that the proposed protocol is not the proper method necessary for the Oro Valley area. He stated that they have willing complied with the Pygmy Owl study at Rancho Vistoso, Tangerine Heights, Honey Bee Canyon, and along Moore Road and they have had no Pygmy Owl findings. He stated that to be subjected to a two year process of protocol, he would be required to conduct Pygmy Owl studies every year until the property is 100% built out. Projects can not be completed in the same calendar year as the study is completed. He stated that the impact would be over bearing and he hoped that Council would vote unanimously to send out letters against the proposed protocol. Mayor Loomis closed the floor for public comments. Vice Mayor Parisi stated that he brought the matter to Council for many reasons. He stated that the Pima Association of Governments did not take a stand on the first Pygmy Owl studies and turned it back to other jurisdictions. He stated that no other jurisdictions 10/07/98 Minutes, Council Regular Session 12 have responded. He stated that elected officials do have a responsibility to protect the environment but also need to take a stand on this issue. MOTION: Vice Mayor Parisi MOVED that Council 1. Send letters to Fish and Wildlife Service, U.S. Fish and Wildlife Service and the Arizona Game and Fish Department to strongly oppose adoption of the new protocol, 2. Letters be sent to our Congressional delegation urging the removal of the Pygmy Owl from the Endangered Species List, and 3. The Town request an amendment permit for construction to encompass the entire Town of Oro Valley and also send copies to the correspondents to the Governor's Office. Council Member Skalsky SECONDED the motion. AMENDMENT TO THE MOTION: Council Member Skalsky asked that in addition, comments made by Mr. Lewis, Mr. Hulsey, and Mr. Maes be included in the letter from Mayor and Council. Vice Mayor Parisi agreed to add Council Member Skalsky's comments to his motion. DISCUSSION: Vice Mayor Parisi stated that 89% of Pima County is state and federal land. He stated that if the government feels that it needs more land to have the Pygmy Owl survive, then the government should buy that land. He stated that citizens should not he subjected to undo government controls. Council Member LaS ila stated that all federal standards can not be applied to every situation. He stated that he thought it was important to realize that the Pygmy Owl study was in reality, the Spotted Owl study. He stated that the Federal Government will do anything they can to get what they want passed. He stated that the Town of Oro Valley needs to make a clear statement and let the Federal Government know that they also need to comply with their own laws and regulations. He stated that he was not against the Endangered Species Act, but the Pygmy Owl protocol study needs to apply specifically to the Sonoran Desert and the Town of Oro Valley. Council Member Skalsky stated that the federal government makes laws to cover the entire country. She stated that the Town Council does have control over Oro Valley's destiny. She stated that the federal government needs to realize that all federal laws are not always applicable to Oro Valley. Mayor Loomis stated that there needs to be a sense of reasonableness. He stated that the economic impact of the proposed protocol needs to be considered. He also stated that there needs to be an end to the protocol. Mayor Loomis recommended that there be an emphasis on the sense of reasonableness and common sense in the letter from the Mayor and Council. He stated that a protocol needs to be based on the Sonoran Desert, Pima County and Oro Valley. He stated that as a Town, we need to look at the requirements of 10/07/98 Minutes, Council Regular Session 13 a habitat conservation plan for Oro Valley and offer that as a solution if we say that we want Oro Valley exempted from the requirements of the protocol. Vice Mayor Parisi stated that the Town must respond to the U.S. Fish and Wildlife Service before November 14th. Charlie Hulsey suggested that the Town solicit support from other governmental agencies and circulate a letter among those agencies. He stated that this might carry more weight than just submitting one letter. Vice Mayor Parisi stated that he asked Town Manager Chuck Sweet who is a member of the Management Committee of the Pima Association of Governments, to add the Pygmy Owl Survey Protocol to their agenda. He stated that he hoped we could have influence throughout the region. CALL FOR THE QUESTION: Motion carried, 5 —0. Mayor Loomis moved Agenda Items 6,7, 8 to follow. 6. RESOLUTION NO. (R)98-78 DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED UNIFORM FIRE CODE —1997 EDITION; AND DECLARING AN EMERGENCY MOTION: Council Member Skalsky MOVED to adopt Resolution 98-78. Council Member LaSala SECONDED the motion. Motion carried, 5 —0. 7. PUBLIC HEARING — ORDINANCE NO. (0)98-42 AMENDING THE ORO VALLEY TOWN CODE, SECTION 6-8-1, ADOPTION OF THE 1997 UNIFORM FIRE CODE Community Development Director Don Chatfield stated that the Fire Advisory Committee, upon the recommendation of the Emergency Services Consulting Group, has recommended that the Town adopt the 1997 Uniform Fire Code (UFC). Mr. Chatfield stated the 1997 UFC has been approved by the State of Arizona and staff recommends adoption of the 1997 Uniform Fire Code with the local amendments. Mr. Chatfield thanked Golder Ranch and Rural Metro Fire Districts for their assistance in compiling the information for the report. Mr. Chatfield stated that the amendments to be adopted have been changed to address the Town of Oro Valley. He stated that a few scribners errors will be cleared up. Some of those errors are regarding that the Town of Oro Valley retains jurisdiction in fire code matters. They will also clean up references to Town boundaries, reference the Town Fire Marshall, and adjust the language to refer to fire service providers. He stated that they would also look at the section regarding appeals and make sure that the Town's involvement is consistent with those appeals. Mr. 10/07/98 Minutes, Council Regular Session 14 Chatfield stated that they might want to remove the section regarding marinas, and possibly address the section regarding obstruction to fire hydrants. He further stated staff recommends approval of the code and the amendments. In answer to a questions from Council LaSala and Vice Mayor Parisi, Mr. Chatfield stated if the amendments were adopted, the language would be changed so as not to turn over all jurisdiction of the Town to Golder Ranch, but that the Town retains that jurisdiction or that it is provided to the two companies. He explained that the language could be changed to use "fire service provider" and would cover the current situation. In answer to a question from Mayor Loomis regarding taking the Town's ultimate authority, Mr. Chatfield stated that the language could specifically state that the Town retains the ultimate authority. Mayor Loomis stated that he felt the language should reflect that the Town retains the ultimate authority. Mayor Loomis opened the public hearing. Steve Shoan, Fire Marshall for Golder Ranch Fire District, explained that the amendments were originally worded for Golder Ranch. He stated that he removed the wording regarding Golder Ranch from the amendments and added the Town of Oro Valley. He stated that there were items that would need to be changed. Mr. Shoan also recommended that the Town retain the wording for "marinas" as it includes reference to the sale of marine equipment such as boats, etc. Mayor Loomis closed the public hearing. Mr. Chatfield thanked Mr. Shoan for all his work and suggested that if the Town elects to adopt the amendments to the Fire Code, that they also include direction to staff to work with Golder Ranch and Rural Metro to work out the adjustments. MOTION: Council Member Skalsky MOVED to adopt Ordinance No. (0)98-42, amending the Oro Valley Town Code, Section 6-8-1 by adopting the 1997 Uniform Fire Code and direct staff to work with Steve Shoan from Golder Ranch Fire District. Vice Mayor Parisi SECONDED the motion. DISCUSSION: Council Member Johnson asked to add Rural Metro Fire District to work with staff as suggested by Mr. Chatfield. Council Member Skalsky stated that Rural Metro has not updated their Fire Code so she did not see any sense to add them. Mayor Loomis stated that he felt that staff should work with both fire districts. He stated that the Code amendments would impact the entire Town. 10/07/98 Minutes, Council Regular Session 15 CALL FOR THE QUESTION: Motion failed, 2 —2 . (Council Member LaSala was not present for the vote.) MOTION: Vice Mayor Parisi MOVED to adopt the 1997 Uniform Fire Code. Council Member Johnson SECONDED the motion. Motion carried, 5 —0. 8. PUBLIC HEARING - ORDINANCE NO. (0) 98-43_ AMENDING TOWN CODE SECTION 6-8-2 OF THE CODE OF THE TOWN OF ORO VALLEY, ARIZONA, PERTAINING TO THE DESIGNATION OF THE TOWN FIRE MARSHALL AND ENFORCING THE TOWN FIRE CODE Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Vice Mayor Parisi MOVED to CONTINUE consideration of Ordinance No. (0)98-43 to a Study Session and that the date be coordinated so the full Council can attend and the public be notified of the meeting. Council Member LaSala SECONDED the motion. Motion carried, 5 —0. 4. PUBLIC HEARING - OV08-98-02 MIRAGE HOMES REQUEST FOR CONDITIONAL USE PERMIT TO ESTABLISH A LODGING HOUSE USE IN THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT — BUILDINGS 1 THRU 17 AND COMMON ELEMENTS OF TRENDWEST RESORT, A PROPOSED TIMESHARE CONDOMINIUM (PROPERTY LOCATED SOUTH OF VISTOSO HIGHLANDS DRIVE, WEST OF RANCHO VISTOSO BLVD.) Community Development Director Don Chatfield stated that Mirage Homes has requested a conditional use permit for the Trendwest Resort to provide for a time share condominium use with short term occupancy of a month or less. He stated that the proposed resort will provide 111 timeshare condominium units clustered within 14 one and two story buildings. He stated that the proposed project is located in Rancho Vistoso close to the Golf Course at Vistoso. Mr. Chatfield stated that the Planning and Zoning Commission recommended approval of the conditional use permit with conditions. He stated that the resort is in compliance with the General Plan and staff recommends approval with the conditions listed in Exhibit "A". Gary Martinson, President of Mirage Homes, requested that Condition #3 be changed to allow directional signage within Rancho Vistoso as is allowed to other developments. In answer to a question from Council Member LaSala regarding Condition #3, Mr. Chatfield stated that Mr. Martinson's request is one that staff can support as the Rancho Vistoso Sign Guidelines provide controls within the context of the Rancho Vistoso PAD. 10/07/98 Minutes, Council Regular Session 16 Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Skalsky MOVED to approve OV8-98-2, the lodging house conditional use permit for Trendwest Resort, with Conditions 1 and 2 as listed in Exhibit"A", and Condition#3 being changed to: The signage will conform to the Rancho Vistoso PAD Sign Guidelines." A) 1. A complete on-site, full time management company shall be involved with the timeshare units, ensuring interior and exterior maintenance of the units, common areas, and landscaping. 2. Twenty four hour security shall be provided. 3. The signage will conform to the Rancho Vistoso PAD Sign Guidelines." Council Member LaSala SECONDED the motion. Motion carried, 5 —0. 5. OV12-98-09 TRENDWEST RESORT DEVELOPMENT PLAN FOR A 16.73 ACRE, 111 UNIT TIMESHARE RESORT (PROPERTY LOCATED WEST OF RANCHO VISTOSO BLVD. AND SOUTH OF VISTOSO HIGHLANDS DRIVE, RANCHO VISTOSO NEIGHBORHOOD 10 PARCEL H Community Development Director Don Chatfield stated that the development plan for Trendwest Resort meets all the residential zoning standards of the Rancho Vistoso PAD as well as the Oro Valley Zoning Code. He explained that the Development Review Board and staff recommend approval of the development plan with those conditions as listed in Exhibit"A". MOTION: Council Member LaSala MOVED to approve OV 12-98-9, Trendwest Resort Development Plan, Rancho Vistoso Neighborhood 10, Parcel H, effective on the date of satisfaction of the conditions in Exhibit"A". A) 1. Amend General Note #4 to indicate the total number of bicycle parking spaces to be provided on site. As per staff discussions with the applicant, the minimum number of spaces are 12 Class I and 4 Class II. 2. Spot elevations on the final grading plan shall be adjusted to conform to the final grading design and drainage plan 3. The applicant shall provide a document signed by the engineers responsible for the construction plans for Hidden Springs Drive and Rancho Vistoso Neighborhood 10, Parcel N, stating that the design and location of the 30 inch Spiral Rib Pipe (SRP) shown on this project development plan is acceptable and will be implemented in their plans. 4. The applicant shall coordinate with the Oro Valley Water Utility to establish the extents of waterline construction within Hidden Springs Drive that will be required for this project and ensure that the required waterline construction is completed prior to occupancy of the site. 5. A final drainage report shall be submitted with the improvement plans for this project. 10/07/98 Minutes, Council Regular Session 17 6. Public Access Easements, ten feet all around the pipe inlet/outlet structure, shall be recorded for the purpose off providing access for public maintenance of the storm drain pipe crossings located at Hidden Springs Drive and Pebble Creek Drive. The legal descriptions for the easements shall be submitted for review and approval by the Town of Oro Valley Department of Public Works prior to recordation. 7. Add a General Note on the Development Plan as follows: •The developer accepts the responsibility for maintenance, control, safety, and liability of private drainage ways, drainage easements and common areas. 8. Conditions 1 — 7, and any additional conditions stated by Town Council, shall be included in a revised development plan to be submitted to staff for review and approval prior to signature of the mylars. Vice Mayor Parisi SECONDED the motion. Motion carried, 5 —0. 2. POSTPONE REGULAR COUNCIL MEETING OF OCTOBER 21ST TO OCTOBER 28TH, 1998 DUE TO ANNUAL LEAGUE CONFERENCE - LAKE HAVASU CITY, OCTOBER 20-23 MOTION: Council Member LaSala MOVED to postpone the October 21st regular Council meeting to Tuesday, October 27, 1998. Council Member Johnson SECONDED the motion. Motion carried, 5 —0. 3. PUBLIC HEARING — ORDINANCE NO. (0)98-41 AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED, CHAPTER 2, SECTION 2-101, DEFINITIONS, CHAPTER 13, ARTICLE 13-1, ADDITIONAL REGULATIONS, RELATING TO THE PERMISSIBLE LOCATION OF MECHANICAL EQUIPMENT IN REQUIRED RESIDENTIAL YARDS Community Development Director Don Chatfield explained that there was a conflict in the Zoning Code regarding the placement of air conditioning equipment in residential yards. He explained that the amendments as proposed in Ordinance (0)98-41 would clear up the conflict and would specifically address screening and location of mechanical units within side yard to minimize noise and allow maintenance of the units. Mr. Chatfield stated that the Planning and Zoning Commission and staff recommend approval of the amendments. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Johnson MOVED to approve the amendments to the Oro Valley Zoning Code Revised, Chapter 2, 2-101, Definitions, and Chapter 13, Article 13-1, Additional Regulations, relating to the permissible location of mechanical equipment in required residential yards as presented in Ordinance No. (0)98-41. Council Member Skalsky SECONDED the motion. Motion carried, 5 —0. 10/07/98 Minutes, Council Regular Session 18 9. PUBLIC HEARING — ORDINANCE NO. (0)98-44 ESTABLISHING ELECTION CANVASSING RESULTS; AMENDING ORO VALLEY TOWN CODE CHAPTER 2 BY AMENDING ARTICLES 2-3-1, PRIMARY ELECTIONS; 2-3-3, GENERAL ELECTION NOMINATION AND 2-3-4 ELECTION TO OFFICE Town Attorney Tobin Sidles explained that in the last Town election a controversy arose after the primary election. He stated that the Town Code language states "a majority of votes cast" and the question was did this mean for the entire election or for one particular office. Mr. Sidles explained that research indicated that this meant for the entire election. The amendment to the Town Code would clarify the language. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Skalsky MOVED to approve Ordinance (0)98-44. Council Member Johnson SECONDED the motion. Motion carried 4 — 1 with Council Member LaSala opposed. 15. 0V12-93-13 GOLF VILLAS AT ORO VALLEY (FORMALLY CANADA VERDE APARTMENTS) REVISED DEVELOPMENT PLAN FOR THE DEVELOPMENT (PROPERTY LOCATED ON THE EAST SIDE OF LA CANADA SOUTH OF THE TOWN HALL) Community Development Director Don Chatfield asked for a continuance to the October 27, 1998 Council meeting. MOTION: Council Member Skalsky MOVED to CONTINUE OV 12-93-13 to the October 27, 1998 Council meeting. Council Member LaSala SECONDED the motion. Motion carried, 5 —0. 17. ESTABLISHMENT OF QUARTERLY ORO VALLEY TOWN HALL MEETINGS AT VARIOUS LOCATIONS WITHIN THE TOWN Town Manager Chuck Sweet stated that Vice Mayor Parisi has suggested that the Council establish an outreach program where the Council would conduct Town Hall meetings at various locations throughout the Town. This would allow citizens to meet with the Council and provide input. In answer to a question from Council Member LaSala, Mr. Sweet and Mr. Sidles explained that it could be a two way informal discussion if it was so structured and properly posted. Vice Mayor Parisi stated that he was inspired by the Town Hall meetings held by Senator Jim Kolbe. He stated that these meetings would bring government to the people. Vice Mayor Parisi also said that the Town has been polarized by various special interest 10/07/98 Minutes, Council Regular Session 19 groups and he felt these meetings would bring the citizens together and allow us to work together as a community. MOTION: Vice Mayor Parisi MOVED to direct the Town Manager to schedule at Town Hall meeting between October 15 and December 5, 1998 at Sun City Homeowners Association Social Hall. Council Member Skalsky SECONDED the motion. Motion carried, 5 —0. 18. 1999-2000 CAPITAL IMPROVEMENT PLAN — RATIFICATION OF TECHNICAL ADVISORY COMMITTEE AND APPOINTMENT OF A COUNCIL MEMBER Community Development Director Don Chatfield stated that staff is preparing to commence the Capital Improvement Plan (CIP) process. He stated that a recommended list for the Technical Advisory Committee (TAC) is before the Council for their approval. Mr. Chatfield explained that staff is recommending approval of the TAC with an additional appointment of Ron Koslawski to represent the Fire Advisory Committee. He also requested that Council appoint a Council Member to sit on the committee. Council Member Johnson volunteered to represent the Council on the CIP Technical Advisory Committee. MOTION: Council Member Skalsky MOVED to ratify the list of Capital Improvement Plan Technical Advisory Committee members as follows with Council Member Johnson representing the Council: David Andrews, Don Chatfield, Kathi Cuvelier, Bill Partridge, Dick Eggerding, Mark Farrel, Mary Glueck, Bill Jansen, Todd Jaeger, John Lancaster Ken Lawrence, Charlie Lentner, Tobin Sidles, Chuck Sweet, Ron Koslawski, Bryant Nodine, Jim Copus, and Mary Rallis. Vice Mayor Parisi SECONDED the motion. Motion carried, 5 —0. 19. RECONSIDERATION OF ORO VALLEY COMMUNICATION CENTER Town Manager Chuck Sweet stated that the concept of a Communications Center was discussed at the Council meeting of September 16th. Staff was directed to provide a cost evaluation of the Center. He explained that Council Member Skalsky had also requested that the item be brought back to Council on October 7th in order to further discuss the issue. MOTION: Council Member Skalsky MOVED to RECONSIDER the Oro Valley Communications Center. Vice Mayor Parisi SECONDED the motion. Motion carried, 3 —2, with Mayor Loomis and Council Member LaSala opposed. 20. ORO VALLEY COMMUNICATION CENTER Town Manager Chuck Sweet stated that at the September 16, 1998 Counci meeting, staff brought forward information relating to how the Town currently communicates within 10/07/98 Minutes, Council Regular Session 20 departments and between departments. He explained that the official action taken by Council was to further define the costs involved in combining all town communications into one central center and to bring that information back to the November 4th meeting. Mr. Sweet stated that in anticipation of discussion of the item at tonight's meeting, Lieutenant Lenterner of the Police Department has compiled preliminary information which outlines equipment, personnel, building and total costs for the project. The preliminary projection for the Communication Center is $1.6 million. Mr. Sweet stated that because of the size of the project and the large dollar amount, staff recommends that the Center be ranked in the Capital Improvement Plan projects. Council Member Skalsky stated that she wanted this item to come back before Council at this time to look at the emergency services. She stated that all she wanted to do at this time was to add a member of the Fire Advisory Board that had been working on the emergency services to be added as a representative on the Communications Center project. In answer to a question from Council Member LaSala, Mr. Sweet explained that a member of the Fire Advisory Board is included on the Technical Advisory Board for the CIP process. MOTION: Council Member LaSala MOVED to direct staff to complete a Capital Improvement Plan request sheet for an Oro Valley Communications Center that would combine all town communications including fire, and emergency medical service dispatching for the Town of Oro Valley for the 1999-2000 Capital Improvement Plan. Mayor Loomis SECONDED the motion. DISCUSSION: Council Member Skalsky stated that she only asked this item put back on the agenda to add a member of the Fire Advisory Committee to be involved in studying the Communications Center. Council Member Johnson stated that he felt Council Member Skalsky's request was to approve a member or members of the Fire Advisory Committee to sit on a Technical Advisory Committee that would study the issues surrounding the combination of communications that would involve many technical aspects. He stated that he felt that before it goes before the CIP process, there should be more studies done. Vice Mayor Parisi stated that as liaison to the Fire Advisory Committee he felt it would be an insult to the Committee who had been studying fire issues in the Town for eighteen months if they were not included in the Communications Center issue. CALL FOR THE QUESTION: Motion failed, 2 — 3, with Vice Mayor Parisi, Council Member Skalsky and Council Member Johnson opposed. 10/07/98 Minutes, Council Regular Session 21 MOTION: Council Member Skalsky moved to direct staff to provide Council with a cost evaluation of the Communication Center that would distinguish between emergency and routine services, that a representative from Fire Advisory Board be involved in the planning so that the Town has the citizen's vision and the studies that have been done. This information shall be returned to the Council at the November 4th Council Meeting. Vice Mayor Parisi SECONDED the motion. Motion carried, 3 — 2 with Mayor Loomis opposed and Council Member LaSala abstaining. 21. CLARIFICATION OF SEPTEMBER 9, 1998 TOWN COUNCIL ACTION RELATING TO THE DEVELOPMENT OF A FIRE AND EMERGENCY MEDICAL SERVICES STRATEGIC PLAN Town Manager Chuck Sweet stated that this item was to clarify the Council's direction from the September 9, 1998 Special meeting. He stated that the motion from the meeting indicated that the development of the strategic plan would be developed by at least three outside consulting firms including ESCG (Emergency Services Consulting Group,) who would be included in the advertisement or the submittal of consultant work to complete the strategic plan of setting standards for the community's fire and EMS services. Mr. Sweet explained that following the meeting, differing points of view were received from Council Members by his office on how the project should proceed. He asked for clarification on whether the strategic plan was to be developed by outside consultants led by the Fire Advisory Committee, or to be developed by staff and other qualified individuals and a draft strategic plan brought back to Council within a six month period. In answer to a question from Council Member Skalsky, Mr. Sweet stated that other qualified people would include people involved in fire service that have the background, expertise and experience. Council Member Skalsky stated that it was very clear that it was directed that the Town Manager work with the Fire Advisory Committee to get three estimates. She stated that groups that were going to bid on the proposal, should not be involved in setting the standards. Vice Mayor Parisi stated that the intention of the motion was that the Fire Advisory Board meet with the Town Manager and put out a bid for a facilitator for the consultant group to work with and that the ESCG group be included to help facilitate the strategic plan. He stated that he did not name who was going to be on the committee. He stated that they just want to get a third party involved that was impartial to help come up with a strategic plan. Council Member LaSala stated that he thought that staff would investigate the strategic plan proposal and if they could not do it in house, then they would go to a consultant. 10/07/98 Minutes, Council Regular Session 22 Council Member Johnson stated that we could look at other cities that have set standards of performances for emergency services, consolidate the standards, and then work with a consultant if necessary. Council Member Skalsky stated that the Fire Advisory Committee volunteered to get all the standards together. Then once the standards are compiled, to work with ESCG to see if the standards were appropriate for Oro Valley. MOTION: Council Member Skalsky MOVED to reiterate the motion of September 9th and direct the Town Manager to work with the Fire Advisory Committee to develop a request for proposal that could possibly be sent out to at least three Fire Consulting Firms including ESCG for the completion of a strategic plan addressing the fire and emergency service standards for the Town of Oro Valley and parallel to this the Fire Advisory Board working with staff will provide the council a recommendation if the proposal needs to go out and what timing, in other words the Fire Advisory Board and staff will sit down and analyze the material and information they have including that from the consultants other material the Fire Advisory Board may have if staff can show that they have the time or the Fire Advisory Board feels that they need some additional information to provide the Town with the best possible standards to go out to bid. Council Member LaSala SECONDED the motion. AMENDMENT TO THE MOTION: Mayor Loomis asked to add wherever standards are included that it also include the strategic plan such that the strategic plan is developed. Council Member Skalsky accepted the amendment of including "standards and strategic plan." For clarification, Council Member LaSala asked Council Member Skalsky if staff was going to work with the Fire Advisory Committee on two separate paths, running parallel: 1. To develop the RFP, and 2. To develop standards. He then asked if they would come back to Council with a recommendation of either we do not need the RFP or we need the RFP. Council Member Skalsky agreed. CALL FOR THE QUESTION: Motion carried, 5 —0. TOWN MANAGER'S REPORT No report. 10/07/98 Minutes, Council Regular Session 23 ENGINEER'S REPORT Town Engineer David Hook reported that as a result of the newly enacted Transportation Enhancement Act, there is a program that the Town will be submitting applications on for pedestrian, bicycle, and ADA facilities. FINANCE DIRECTOR'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. POLICE CHIEF'S REPORT No report. COUNCIL COMMITTEE REPORTS Council Member Johnson stated that he recommended that Council hold a Study Session on road projects that the Town has forthcoming within the next 5 —6 years. Council Member LaSala reported that the Federal Government has listed the Town of Oro Valley in their second round of storm water discharge permits. He stated that the Town will have to address the issue. He stated that the City of Tucson has offered to meet with Council and staff regarding the issue. Council Member Skalsky recommended that Council Member LaSala head up the committee on the storm water discharge issue. Vice Mayor Parisi stated that the Police Department will be sponsoring GAIN (Getting Arizona Involved in Neighborhoods). Mayor Loomis read a proclamation declaring October 16-31, 1998, October SafetyFest. CALL TO AUDIENCE Steve Shoan, Golder Ranch Fire District, stated that October 11 — 17 is National Fire Prevention Week. ADJOURNMENT MOTION: Council Member Johnson MOVED to adjourn at 11:10 p.m. Council Member LaSala SECONDED the motion. Motion carried, 5 —0. 10/07/98 Minutes, Council Regular Session 24 Respectfully submitted, Roxana Garrity, Deputy Town Cler I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 7th day of October, 1998. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 1998. Kathryn E. Cuvelier, CMC Town Clerk i:*41' ` • ‘ t..'s v fro 111 0 "" O ;CP 11000 N. La Canada Dr. • IPP „ ` Oro Valley, Arizona 85737 Phone (520) 742-5474 FAX (520) 797-2616 Y \yfi WERNER S.WOLFF, Chief of Police � ;( ,� A AA y h. �R •A O 9 UNDEDI ORO VALLEY POLICE DEPARTMENT "INTEGRITY, PRIDE, EXCELLENCE" MEMORANDUM TO: Mayor Loomis and Town Council FROM: Chief Werner S. Wolff DATE: October 14, 1998 RE: Monthly Breakdown of Citations by Violation and Police Activity Summary Attached please find the updates for the month of September, 1998. WSW:nlr r--+ 00 N 00 N OT M d' en - N C .t en 00 N NC 00 N en N 00 en H O H W O Z 4 .___.. o . . . , E-1 H c.) .01 o 0.4 , , 4 .._„_,0 O N -. 00 O 0 CT M o• `O en en o0 �, N rN 4 4.4W ,A • Pg1 . , _ 00 ,--4 en N G N en O .1' 00 en 00 �' d' '"'' -.1 T/� � I� r--, 00 en � o .., 4 t� 00 C r-+ r-+ - N O N00 O. - 00 C"Z mil N G Z C CT N N N N ~ A ,--• o .-4 ,-.• - W ONO ON O M O N C r.-, `O G 'n 00 vO en N O t� 101400 N in ,- In 00 C:),. , NoW d. en en r-+ 00 N N0 NO O N N kr) O O en 00 F-+ r-+ ON `O N N N d' — -. 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TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 27, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: Roxana Garrity, Deputy Town Clerk SUBJECT: REAPPOINTMENT OF WENDELL CHEEK AND STEVE LUCAS TO THE BOARD OF DIRECTORS OF THE MUNICIPAL PROPERTY CORPORATION, EFFECTIVE 12/01/98 — 11/30/2001 BACKGROUND: The terms of the three directors of the Municipal Property Corporation (MPC) will expire at the end of November, 1998. Mr. Wendell Cheek and Mr. Steve Lucas have expressed their interest in being reappointed to the Board of Directors of the MPC. Per the MPC's Articles of Incorporation, the directors' terms are for a three year period. Mr. Cheek's and Mr. Lucas's terms will be effective from 12/01/98 to 11/30/2001. One director's position will remain vacant until such time a citizen expresses an interest in serving on the Board of Directors of the Municipal Property Corporation. SUGGESTED MOTION: I move to reappoint Wendell Cheek and Steve Lucas to the Municipal Property Corporation effective 12/01/98 to 11/30/2001. ATTACHMENTS: 1. Letters of interest from Mr. Wendell Cheek and Mr. Steve Lucas. ►•ep: ent Hea. r • ►�C �. y.�► / A Town Manager Insert file name and path FROM : W.& E.CHEEK PHONE NO. : 520 544 2233 Oct. 15 1998 10:31AM P1 OCT 15'980A:35 TOO FAX COVER SHEET Wendell Cheek 10927 N. Pomegranate Dr. Oro Valley, Az. 65737 520-544-2101Phone number 520-544-2233Tax number SEND TO Company name From Town of Oro vagetx._, u* --..........._ wencien Ch... Altenlion That. - — ores, .....--....—........................- I 011 5198 ..........4 ...., ....---.. . a.m. ...=.... ...... Office location office kicatron AMA, - Air' •••••••• 40000.04...b P.ii1/171'.. .11bor ------''- Phone number _297 44245 44-2101 5 ......._____ 41111111, al4011.14 .... ...' '..........1=11.01.... 0 Uavant 0 Repty ASAP 0 Please commont 0 Please review 0 For your tnitimtstion Toftipages.Waring cover 1 COMMENTS , ,I., ,.,,.„ . ........,:, .. ..•.. Ile tee••1 .. 1••••• I. ••••••••• 04 1.•••••••••••••.......•••••••••• To: Town of Ora Valley ••01•••• •••• ..0.1 •••. 1.16 • 64.. •• ••... .0.0 0. 0.4 . . .••.•.........•,.. •••••........••••. •••• .1. •4 •••Of• Subject MPC appointment .... , ••. •••••••.........••4 I e•• •e0•••....... 00.... SO. 0 I•• 14 t I•I• •• 91. •• ... .....•• .••••• I. .... 100. • I•••• •••I I• • ...•••• •e e•••••• would be happy to serve the Towninany capacity that the Town mardesire of me .....,.••. ••.•. •I•• •01••• •••••••••••. ......pn the Muningtpai Property Corp. it I am appointed again. 099. % •••.. ••• ••PO •••. .••I. 00 0 •• ...•. .160.••• '. ••• Thank yclu ••..... • • •••116• t.9. 64. •01••• •• S.16 • 9...14. ..•••.........••••a,. . .. .O.. ... •••••••• •••••• 'O. It••• . ..9• %MS ....10.......••••••••. .90. .6 .•••6 III• Wendell Cheek • ... •,... 9/16.0 ••••• .•• •.. 19.4.••••••.......... • 1.60.6 .6..0 • ...• . . t••••••••••......••.• ...... 9.01 ••••• .4 00 9.9..16. ••••••• • .. ..••• •••64 ••••••••• • ..... 0••••4 • ••• ..0 6... ...•••••• 0 164.•• ...•.. •••• 614. 0.. .•••.••... •................••••••.•••••• .... •• O.'.91 .09. •. • •••• .. ••.. . ••••. ..... .46.4 • 01.14 ••... 94•••••.........•.,..... .•. •.• ••••• ••• •••••••••. ••••• •I•.6.• .0 660 9.0.4 ••••••••• ........••••••••••••. ••••••• i•ts•• so.... ••••. . •••••• • • .... ••• ••... t••••• • . •••• l•900. 4.••••. _ ••••.•- .........MMINInam.......•••••••••• MINIMMilmrs.. .• TEL No . Nov 05 ,05 8 :46 P .02 STEPHEN DEAN LUCAS 10982 N . BLACK CANYON CT. ORO VALLEY, AZ 85737 - 7029 October 17, 1998 Mayor and Council Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 Honorable Mayor and Councilmembers: This letter is to confirm the recent phone conversation that I had with the Oro Valley Town Clerk, Ms. Kathy Cuvelier. I would be pleased and honored to continue serving the Town of Oro Valley as a member of the Board of Directors of the MPC. Respectfully, frilD,A4d Ste.•. en D. Lucas TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 27, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: Charles Soper, Utility Service Worker II SUBJECT: Resolution No. (R)98- 81 A Resolution of The Town of Oro Valley, Pima County, Arizona Authorizing and Approving a Consent Order for a 12-Month Extension to Comply With State Backflow Prevention Regulations. SUMMARY: Oro Valley Water Utility, Rancho Vistoso System 10-212, was inspected by Pima County Department of Environmental Quality on July 21, 1998 and was found to be in violation of Arizona Revised Statute, R18-4- 115 concerning Backflow Prevention. On August 10, 1998 the Oro Valley Water Utility requested a 12-month extension to comply with the violation. On August 28, 1998 the Utility received a draft Consent Order from PDEQ requiring the signature of Mayor Paul Loomis. Historically, the private water utilities purchased by The Town of Oro Valley had required backflow prevention assemblies to be installed at some designated water services. This did not constitute a backflow prevention program that met state regulations. The state regulation R18-4-115 requires a water supplier to protect its public water system from contamination caused by backflow through unprotected cross connections. This type of program consists of surveying all nonresidential water services for compliance and compiling a database for tracking annual mandatory testing of all backflow prevention assemblies. Ordinance No. (0) 98-03 was adopted by Mayor and Council on January 7, 1998 to instituting the Backflow Prevention Program for the Oro Valley Water Utility. Presently, 74 percent of the system 10-212 water services are now in compliance with the Backflow Prevention Ordinance and state regulations. The 12-month extension will allow ample time to bring the Backflow Prevention Program into compliance. FISCAL IMPACT: There is no fiscal impact because the staff required to administer the Backflow Prevention Program is included in this fiscal year's budget. RECOMMENDATIONS: Staff respectfully recommends approval of Resolution No. (R)98 - 81 Authorizing and Approving a Consent Order for a 12-Month Extension to Comply With Backflow Prevention Regulations. SUGGESTED MOTION: I move to approve Resolution No. (R)98 - 81 Authorizing and Approving a Consent Order for a 12-Month Extension to Comply With State Backflow Prevention Regulations. OR: I move to TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 ATTACHMENTS: 1. Resolution No. (R)98- 81 A Resolution of the Town of Oro Valley, Pima County, Arizona Authorizing and Approving a Consent Order for a 12-Month Extension to Comply With State Backflow Prevention Regulations. 2. Pima County Department of Environmental Quality Consent Order � 1 Utility Administra or 1111\ I / irector Ad ' ' Town Mana_er RESOLUTION NO. (R) 98 - 81 RESOLUTION OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA AUTHORIZING AND APPROVING A CONSENT ORDER FOR A 12-MONTH EXTENSION TO COMPLY WITH STATE BACKFLOW PREVENTION REGULATIONS. WHEREAS, Oro Valley has the requisite statutory authority to acquire, own and maintain a water utility for the benefit of the landowners within and without the Town's corporate boundaries pursuant to the provision of Arizona Revised Statute 48-571 et. Seq., and WHEREAS, Oro Valley is responsible to protect the public potable water supply of the Town from the possibility of contamination or pollution by preventing the backflow of contaminants and pollutants into the public potable water supply system; and WHEREAS, Oro Valley must comply with regulations established by Arizona Department of Environmental Quality, Pima County Department of Environmental Quality, Environmental Protection Agency, and other appropriate regulatory agencies; and WHEREAS, Oro Valley water system 10-212, was found to be in violation by Pima County Department of Environmental Quality on July 21, 1998 for noncompliance of the Backflow Prevention Program; and WHEREAS, Oro Valley is requesting a 12-Month Extension from Pima County Department of Environmental Quality to fully comply with the Arizona Backflow Prevention Rule R18-4-115; NOW, THERFORE, BE IT RESOLVED BY THE ORO VALLEY MAYOR AND TOWN COUNCIL: 1. That the attached Consent Order from Pima County Department of Environmental Quality is hereby approved. 2. That the Mayor of the Town of Oro Valley and other administrative officials are hereby authorized to take such steps as are necessary to execute and implement said Consent Order. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Pima County, Arizona this 27TH day of OCTOBER , 1998. Mayor Paul H. Loomis ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney nO DEPARTMENT OF ENVIRONMENTAL QUALITY ti 130 West Congress Street Tucson,Arizona 85701-1317 DAVID M.ESPOSITO (520)740-3340 Director FAX(520)882-7709 BEFORE THE DIRECTOR OF THE PIMA COUNTY DEPARTMENT OF ENVIRONMENTAL QUALITY ) ) In the matter of: ) CONSENT ORDER ) Town of Oro Valley ) Case 9808-078 ) ) TO: The Town of Oro Valley, as owner and/or operator of the Rancho Vistoso public drinking water system ("Water System"), PWS ID No. 10-212, located in or near the Town of Oro Valley, Pima County, Arizona. Rancho Vistoso was required to complete retrofit and initial testing of backflow- prevention assemblies for facilities served by the Water System on or before July 1, 1994. The Town of Oro Valley, as present owners of the Rancho Vistoso Water System, was required to complete retrofit and initial testing of backflow-prevention assemblies for facilities served by the Water System after purchasing the Water System. The Town of Oro Valley submitted a request for a time extension to complete retrofit and initial testing of backflow-prevention assemblies for facilities served by the Water System to the Pima County Department of Environmental Quality ("PDEQ") on August 10, 1998. The Town of Oro Valley agrees to the issuance of this Consent Order. Printed on Recycled Paper The Town of Oro Valley acknowledges that no promise of any kind or nature was made to induce them to enter into this Consent Order and they have done so voluntarily. The undersigned representative, The Honorable Paul H. Loomis, Mayor, certifies that he is fully authorized to execute this Consent Order on behalf of the Town of Oro Valley and to legally bind the Town of Oro Valley to this Consent Order. The Town of Oro Valley admits to the jurisdiction of the Director ("Director") of PDEQ. The Town of Oro Valley consents to the terms and entry of this Consent Order and agrees not to contest the validity or terms of this Consent Order in any subsequent proceeding. THEREFORE, IT IS HEREBY ORDERED as follows: I. A. JURISDICTION 1. The Director of PDEQ has jurisdiction over the subject matter of this action and is authorized to issue this Consent Order pursuant to A.R.S. § 49-354.B. and the delegation agreement signed by the Arizona Department of Environmental Quality and PDEQ. 2. The Director of PDEQ has personal jurisdiction over the Town of Oro Valley. - 2 - II. A. FINDINGS OF FACT 1. The Water System is located in, or near, Oro Valley, Arizona in the county of Pima. The Water System serves at least 15 service connections or an average of at least 25 persons year round. 2. The Town of Oro Valley is the owner of the Rancho Vistoso Water System, number 10-212. 3. Rancho Vistoso failed to protect the Water System from contamination caused by backflow through unprotected cross connections by failing to complete retrofit and initial testing of required backflow-prevention assemblies for facilities served by the Water System, on or before July 1, 1994. The Town of Oro Valley failed to protect the Water System from contamination caused by backflow through unprotected cross connections by failing to complete retrofit and initial testing of required backflow-prevention assemblies for facilities served by the Water System after securing ownership of the Rancho Vistoso Water System. B. CONCLUSIONS OF LAW 1. The Water System is a "Public Water System" within the meaning of A.A.C. - 3 - R18-4-101.72 and a "Community Water System" within the meaning of A.A.C. R18-4-101.10. 2. The Town of Oro Valley is a "Water Supplier" within the meaning of A.A.C. R18-4-101.101. 3. The Town of Oro Valley violated A.A.C. R 18-4-115 by failing to complete retrofit and initial testing of backflow-prevention assemblies since securing ownership of the Rancho Vistoso Water System. III. THE DIRECTOR ORDERS and the Town of Oro Valley agrees that the Town of Oro Valley shall take the following actions immediately or as expressly set forth in the compliance schedule below: A. COMPLIANCE SCHEDULE 1. WITHIN TWELVE (12) MONTHS OF THE EFFECTIVE DATE OF THIS CONSENT ORDER: The Town of Oro Valley shall submit to PDEQ for approval a program for identifying all locations served by the Water System which require backflow- prevention assemblies in accordance with A.A.C. R 18-4-115 ("the Program"). If notified by PDEQ that the Program is not acceptable, the Town of Oro Valley shall revise the Program to incorporate necessary - 4 - changes, and resubmit the Program to PDEQ within seven (7) calendar days of said notification by PDEQ. 2. WITHIN FIFTEEN (15) MONTHS OF NOTIFICATION BY PDEQ THAT THE PROGRAM IS ACCEPTABLE: The Town of Oro Valley shall submit to PDEQ a report enumerating all locations at which backflow prevention assemblies are required in accordance with the Program ("the Report"). In addition, the Report shall specify the necessary backflow-prevention assemblies for each identified location in accordance with A.A.C. R18-4-115. If notified by PDEQ that the Report is not acceptable, the Town of Oro Valley shall revise the Report to incorporate necessary changes, and resubmit the Report to PDEQ within seven (7) calendar days of said notification by PDEQ. 3. WITHIN EIGHTEEN (18) MONTHS OF NOTIFICATION BY PDEQ THAT THE REPORT IS ACCEPTABLE: The Town of Oro Valley shall perform all necessary actions to effect installation and initial testing of required backflow-prevention assemblies specified in the Report in accordance with A.A.C. R18-4-115. Additionally, the Town of Oro Valley shall maintain records on backflow-prevention assemblies in the Water System's service area and make these records available for PDEQ review in accordance with A.A.C. R18-4-115.G. - 5 - Iv. A. THE DIRECTOR FURTHER ORDERS and the Town of Oro Valley agrees to submit a written status report to PDEQ every ninety (90) calendar days beginning on the date of this Consent Order, until full compliance with Section III of this Consent Order is achieved. Each written status report shall describe what measures have been taken to correct the violations described in Section II of this Consent Order, and shall certify when compliance with the requirements of Section III of this Order has been achieved. Each report shall be accompanied by evidence of compliance including, as appropriate, submittal of documents, photographs or copies of any other supporting information which the Town of Oro Valley deems necessary. B. PDEQ shall review the status reports and relay its findings in writing to the Town of Oro Valley. The Town of Oro Valley shall incorporate all required modifications, changes or other alterations, as requested by PDEQ, within a reasonable time specified by PDEQ. V. A. This Consent Order does not encompass issues regarding violations, releases, contamination, sources, operations, facilities or processes not expressly covered by the terms of this Consent Order and is without prejudice to the rights of the State of Arizona or the County or Pima arising under any Federal, Arizona, or Pima County environmental statutes, rules or regulations with regard to such issues. B. Nothing in this Consent Order shall constitute a permit of any kind, or 06 _ modification of any permit of any kind, or an agreement to issue a permit of any kind under federal, state or local law, or relieve the Town of Oro Valley in any manner of its obligation to apply for, obtain, and comply with all applicable permits. Nothing in this Consent Order shall in any way alter, modify or revoke federal, state or local law, or relieve the Town of Oro Valley in any manner of its obligations to comply with such laws. Compliance with the terms of this Consent Order shall be no defense to any action to enforce any such permits laws. C. Any modifications of this Consent Order shall be in writing and approved by the Town of Oro Valley and the Director, however, alterations in times for performance of actions as provided herein may be orally verbally requested by the Town of Oro Valley and consented to by PDEQ. PDEQ representatives able to grant verbal modifications only include the Director and the Field Services Manager of PDEQ. The Town of Oro Valley shall write PDEQ a letter stating all persons with the authority to act on behalf the Water System. Economic factors shall not be considered sufficient cause for extension of deadlines established by this Consent Order. D. PDEQ and ADEQ shall have the right: to disapprove work performed by the Town of Oro Valley that fails to comply with this Consent Order; to take enforcement action for any and all violations of this Consent Order; and to take action for any and all violations of Pima County, State or Federal environmental laws occurring after the entry of this Consent Order. E. All documents, materials, plans and other items submitted to PDEQ in accordance with this Consent Order shall be transmitted to the following address: - 7 - Pima County Department of Environmental Quality Field Services Division Drinking Water Section 130 W. Congress Tucson, Arizona 85701 All documents, materials, plans and other items submitted to PDEQ in accordance with this Consent Order shall be deemed submitted when postmarked, return receipt requested, or accepted for delivery by commercial delivery service, or hand delivered. F. Failure to comply with this Consent Order may subject the Town of Oro Valley to further judicial action and civil penalties. G. PDEQ or ADEQ may at any time, upon presentation of credentials to authorized personnel on duty, enter the premises of the Water System for the purpose of observing and monitoring compliance with the provisions of this Consent Order. This right of entry shall be in addition to, and not in limitation of or substitution for, PDEQ's and ADEQ's rights under applicable law. H. The provisions of this Consent Order are severable. If any provision of this Consent Order is declared by a court of law to be invalid or unenforceable, all other provisions of this Consent Order shall remain in full force and effect. I. This Consent Order is based solely upon current information available. If additional information is discovered which indicates that the actions taken under this Consent Order are or will be inadequate to protect the public health, welfare, or the environment, or to conform with applicable federal or state laws, PDEQ or ADEQ shall have the right to require further action. - 8 - J. The effective date of this Consent Order shall be the date this Consent Order is signed by PDEQ and the authorized representative, The Honorable Paul H. Loomis, Mayor. If such signatures occur on different dates the latter shall be the effective date of this Consent Order. ISSUED this p day of dC4424" , 1998. /• David Esposito, Di rctor Pima County Department of Environmental Quality - 9 - CONSENT TO ORDER The undersigned, on behalf of the Town of Oro Valley, hereby acknowledges that the Town of Oro Valley was represented by counsel, has read the foregoing Consent Order in its entirety, agrees with the statements made therein, consents to its entry and issuance by the Director, agrees that the Town of Oro Valley will abide by the same and waive any right to appeal. DATED this 27TH day of October , 1998. Town of Oro Valley Mayor Paul H. Loomis ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney -10- ORIGINAL of the foregoing filed this day of , 1998, with: Pima County Department of Environmental Quality Case Files "Town of Oro Valley", PC9808-078 130 W. Congress Tucson, Arizona 85701 DUPLICATE ORIGINAL Consent Order sent certified mail, return receipt requested, this day of , 1998, to: Mayor Paul H. Loomis Town of Oro Valley 11000 N. La Canada Dr. Oro Valley, AZ 85737 COPIES of the foregoing were mailed/sent interoffice mail this day of , 1998 to: Arizona Department of Environmental Quality Drinking Water Section 3033 N. Central Avenue Phoenix, Arizona 85012 Arizona Corporation Commission, Utilities Division 1200 West Washington Street Phoenix, Arizona 85007 Mr. Christopher Straub Deputy County Attorney Pima County Interoffice Mail Mr. David G. Hook, Utility Director Town of Oro Valley 1565 E. Rancho Vistoso Blvd. Oro Valley, Arizona 85737 -11- TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 27, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Resolution No. (R)98-82 Amending the Adopted 1998/99 Capital Improvements Plan and the Adopted 1998/99 Budget SUMMARY: The item you have before you would amend the Town's FY 1998-99 Capital Improvements Plan(CIP) and Town Budget by transferring $26,000 in funding from the Purchase of the Cal Mat Site project(#F6)to the Mobile Data Terminals project (#E7). When the CIP's Technical Advisory Committee recommended the Capital Improvements Plan for approval to the Town Council, the Cal Mat Site project carried the footnote, "If other funding sources are identified or the need for this amount of money changes, the (remaining) projects should be funded in order of priority." The Mobile Data Terminals project had requested $55,000 but only received $29,000 due to availability of funding. The Oro Valley Police Department has requested the additional $26,000 in funding ($55,000 - $29,000) for this fiscal year. The Town Manager has indicated that not over$176,000 ($200,000 - $26,000) will be spent on the Cal Mat Site project in this fiscal year. For these reasons and because the Mobile Data Terminals project was next in the project ranking priority, staff recommends approval of the amendment. ATTACHMENTS: 1. Resolution No. (R)98- 82 Amending the Adopted 1998/99 Capital Improvements Plan and the Adopted 1998/99 Budget 2. Memorandum from Chief Wolff dated September 28, 1998 3. Memorandum from Lieutenant Lentner dated October 1, 1998 4. Page 13, Town of Oro Valley Capital Improvements Plan for FY 1998-99 FISCAL IMPACT: Because this amendment would transfer the same amount of funding from one project to another, the fiscal impact is neutral. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 RECOMMENDATION: Staff recommends approval of this Resolution. SUGGESTED MOTION: I move to adopt Resolution No. (R)98-82 Amending the 1998-99 Town Capital Improvements Plan and 1998/99 Budget. or I move to . . . 0, „-, ,...„4„, 2 (16,1,...,2_ David L. Andrews Finance Director L.)4ZULU�k JwtY-�Chuck St Town Manager RESOLUTION NO. (R)98-82 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THE ADOPTED 1998/99 CAPITAL IMPROVEMENTS PLAN AND THE ADOPTED 1998/99 BUDGET. WHEREAS, the Town of Oro Valley adopted the 1998/99 Capital Improvements Plan (CIP) February 18, 1998 and adopted the 98/99 Budget on August 5, 1998; and WHEREAS, the adopted 98/99 CIP and Budget includes the Mobile Data Terminals project with a funding amount of$29,000, and WHEREAS, the adopted 98/99 CIP and Budget also includes the Purchase of the Cal Mat Site project with a funding amount of$200,000, and WHEREAS, a reallocation of$26,000 in funding between these two projects would improve the effectiveness of the CIP for FY 1998/99. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA to A) Amend the 1998/99 CIP by reducing the amount of funding for the Purchase of the Cal Mat Site from $200,000 to $176,000 B) Amend the 1998/1999 CIP by increasing the amount of funding for the Mobile Data Terminals project by $26,00 to $55,000 C) Authorize staff to take action as necessary to implement A and B PASSED this 27th day of October , 1998, by the Mayor and Town Council of the Town of Oro Valley, Arizona. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney 41, 0 , t FOLK' O \ \� X34. 11000 N. La Canada Dr. Oro Valley, Arizona 85737 WERNER S.WOLFF,Chief of Police r � k ;y° �;g ` �` ► Phone (520) 742-5474 FAX(520) 797-2616 A?. ........,tip,.,,, r 'dv• 'JUN DEDI ORO VALLEY POLICE DEPARTMENT "INTEGRITY, PRIDE, EXCELLENCE" MEMORANDUM TO: CHUCK SWEET, TOWN MANAGER FROM: CHIEF WOLFF DATE: SEPTEMBER 28, 1998 RE: C.I.P. PROJECT, Mobile Data Terminals As per our conversation on Wednesday, September 23, 1998, I respectfully request that funding for year one and two of the MDT project be combined to be funded in this 98/99 FY. The rationale for this request is as follows;when the request for funds was originally submitted for this project the cost was estimated to be in the neighborhood of$180,000. It was suggested that this be accomplished in a three year period, funds for the first year were approved at $70,000 with each subsequent year to be set at $55,000. However, due to logistics involved in setting up an adequate infrastructure the project was delayed into the second year, we are now ready to move forward with the project. As you can see in the attached memo from Lt. Lentner we will need an adjustment of$26,000 in the C.I.P. budget to begin this project. I believe these funds are critical to the successful completion of the MDT project. I therefore ask you that the necessary action be taken to make this request possible. Thank you. Niet N P` �t' i: fil St/ c'' - ,-v 11000 N. La Canada Dr. V "" a Oro Valley, Arizona 85737 WERNER S.WOLFF,Chief of Police 1 ','.4, X N\ Phone (520) 742-5474 FAX(520) 797-2616 4 ., ",,,e4V 0'' . 1. �a °UN DE ORO VALLEY POLICE DEPARTMENT "INTEGRITY, PRIDE, EXCELLENCE" MEMORANDUM TO: DAVID ANDREWS FROM: s LT LENTNER " `r RE : MDT' S DATE : October 1, 1998 PROJECT DESCRIPTION: MOBILE DATA TERMINALS ARE COMPUTERS MOUNTED IN PATROL VEHICLES THAT COMMUNICATE WITH OTHER COMPUTERS TO ACCESS NATIONAL MOTOR VEHICLE DRIVERS LICENSE AND VEHICLE REGISTRATION INFORMATION, WARRANTS AND WANTED PERSONS FILES . THIS SYSTEM REDUCES RADIO TRAFFIC, ELIMINATES ERRORS IN VOICE COMMUNICATIONS AND ALLOWS USERS TO COMMUNICATE WITH EACH OTHER WITHOUT BEING SCANNED. WILL ALLOW ACCESS TO OTHER OVPD INTERNAL FILES AND WILL REPLACE THE NEED FOR SOME ADDITIONAL DISPATCHERS IN THE FUTURE. IN THE FUTURE WILL ALLOW OFFICERS TO ACCESS ALL FILES POLICE REPORT DATA INFORMATION. COSTS : CIP 1998-98 PROVIDED $70 , 000 . 00 CIP 1998-99 REQUIRED $55 , 000 . 00 (PROJECT WAS NOT FULLY FUNDED DUE TO CALMAT SITE PROJECT. REQUEST ADDITIONAL $26 , 000 . 00 TO BRING TO FULL FUNDING FOR THIS FISCAL YEAR. ) CIP 1999-00 REQUEST $55 , 000 . 00 (ORIGINALLY A 3 YEAR PLAN FOR PHASE IN, WILL BE AT LEAST 4 YEARS NOW. ) CIP 2000-01 REQUEST $55, 000 . 00 COST INCREASE DUE TO CHANGING FROM INFERIOR LAPTOPS TO HARDENED COMPUTERS . ACQUISITION: ITEMS WILL BE PURCHASED FROM AN RFP (NOT AVAILABLE ON ARIZONA STATE CONTRACT. II that cannot be financed by current reserves. The State of Arizona places limits on the amount a municipality can borrow with these bonds. This is reflected as the bonding capacity (or credit line) p Y of the municipality. The following are the parameters that the Town of Oro Valley must utilize in determining their bonding capacity. 1. Based upon a secondary assessed value of$165,265,200 on June 30, 1997. 2. Under Arizona Law, municipalities may issue general obligation bonds for specific such as water, waste water, artificial light, open space preserves, parks and purposes ,� o recreational facilities up to an amount not exceeding _0/o of the secondary assessed • value. This would allow the Town of Oro Valley to bond for an amount of $33.1 million. 3. Under Arizona Law, municipalities may issue general obligation bonds for general purposes municipal u oses up to an amount not exceeding 6% of the secondary assessed value. This would allow the Town of Oro Valley to bond for an amount of$9.9 million. Any gobligation obli ation bonds that may be issued by the Town are subject to an election and voter approval. FY 1998/99 CIP BY FUNDING SOURCE �,� The following tables show the projects submitted for the next fiscal year by funding source. These I( are divided into two groups: 1. J Assumption Projects are those which are deemed absolutely essential to the operation of p the Town, involve ongoing operating capital purchases to replace existing equipment outlined bythe departmental equipment replacement program, or have designated funding for all or a majority of the project. These projects receive priority funding from the CIP and do not go through the project evaluation and prioritization process. 2. AllJro'ects, which are not assumption projects, were rated using the evaluation criteria p • and ranked accordingly. They are presented in the order they were ranked. Those that were ranked lower and could not be funded in the next fiscal year are shown separately in the lower part of each table. I General Fund Projects Recommended for Funding Proj # Project Description Rank Department Town Other V1-A Replacement Patrol Vehicles r Assumption Police' $121,000 $0 V14 Replacement Townwide Pool Cars Assumption General Admin $20,000 $0 P5 ADA Access Upgrades to Dennis Assumption Parks $35,000 $0 Weaver Park I/ E2 GIS Technology Distribution5,766 P&Z $30,000 $0 .. * (CalMat) Site 5 484 General Admin $200,000 $0 F6 Purchase of State Land , .......),., E7 Mobile Data Terminals 5,401 Police S55,000 $0 SUBTOTAL $461,000 $0 * If other funding sources are identified or the need for this amount of money changes, the projects in the following table should be funded in order of priority. I 13 v, o TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 27th, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: David Marsh, Planner I SUBJECT: OV12-97-19 APPROVAL OF A REVISED LANDSCAPE PLAN FOR A COLUMBARIUM, RESURRECTION LUTHERAN CHURCH, LOCATED ON NORTH FIRST AVENUE, NORTH OF NARANJA DRIVE BACKGROUND: Resurrection Lutheran Church is an existing facility, located at the southwest corner of North First Avenue and Tangelo Drive. The church, which has a rapidly expanding congregation has, over the past two years, enlarged its facilities with an addition to the main building, a new administration building and a temporary parking lot. The site now totals some 9.7 acres in size, with the church situated at the northeast corner of the property, with access via First Avenue. SUMMARY: Resurrection Lutheran Church requests Town Council approval for a revised landscape plan to allow for the onstruction of a columbarium, which consists of a wall of sealed urn niches in which the ashes of deceased persons are interned. The columbarium will be located on the north end of the existing church, facing Tangelo Drive, and will consist of four niched walls arranged in a half-square, interspersed with wrought iron fencing. The four walls containing the spaces for the remains will have 250 niches, each of which can contain two urns. The walls of the structure will be six feet in height, and will feature a polished light colored granite face, in which the name, date of birth, and date of death may be etched for each burial niche. The exterior of the wall and the wall's cap will be finished in stucco, and will match the color of the walls of the church. A wrought iron fence will be located at the corners and gates of the structure, while a prayer wall will be located between the two central niched walls. The plan also features two mesquite trees located in tandem within the columbarium, with circular benches around each tree. The proposed placement of the columbarium will intrude 10' into the 40' natural buffer yard along Tangelo Drive, as shown in the approved landscape plan. The applicant has proposed to change the portion of the buffer yard along the columbarium area from a 40' Natural Buffer Yard D to a 25' Buffer Yard D, which is compliance with the OVZCR. DEVELOPMENT REVIEW BOARD ACTION: The DRB voted to recommend approval for this item (5-0) at their September 8th, 1998 meeting. GENERAL PLAN COMPLIANCE: The columbarium is in compliance with the General Plan's Community Design Element policies, in that all four sides of the structure are"coherently designed and treated". TOWN OF ORO VALLEY r`OUNCIL COMMUNICATION Page 2 of 2 STAFF RECOMMENDATIONS: Planning Staff recommends approval with the conditions listed in Exhibit "A" attached herewith. SUGGESTED MOTION: Town.Council may wish to consider one of the following motions: I move to approve 0V12-97-19 Revised Landscape Plan for Resurrection Lutheran Church, with those conditions set forth in Exhibit "A" attached herewith. OR I move to approve OV 12-97-19 Revised Landscape Plan for Resurrection"Lutheran Church, with those conditions set forth in Exhibit "A" attached herewith and the following added conditions: OR I move to deny OV 12-97-19 Revised Landscape Plan for Resurrection Lutheran Church, finding that: OR I move to continue OV 12-97-19 Revised Landscape Plan for Resurrection Lutheran Church,until such time that the issues identified in Exhibit"A" attached herewith have been resolved. ATTACHMENTS: 1. Exhibit"A" 2. Site plan. 3. Reduced building plans for the columbarium. 2. Reduced Copy of Additional Landscaping Plan ks„ ii. " P in•r• Zonin Administrator g i , 415 4 i ,,a ' // -- ' 01' Co unity D; I•',ment D ecto / 1 Ai own Manag F:\OV\OV 12\1997\12-97-19\RvLpTC.rpt EXHIBIT "A" APPROVAL FOR A REVISED LANDSCAPE PLAN FOR A COLUMBARIUM RESURRECTION LUTHERAN CHURCH 1. The walls and wrought iron fence of the columbarium shall be limited to less than 6' in height. 2. Four additonal trees shall be added to the landscape plan to augment the proposed landscape plan, provide an additional screening element, and meet the requiremends of the OVZCR. 1 . , i . . -- 1 ., 4/\ -- , , . 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Tr4-c r. . •ft• , ,.. , - ..,...... .... , Ry • ..................9 rco poi.( Coh,Pi ha,I am WA() '''''',............ 7- ' ( ... 40 / r . • i , r• ......., ____1. ......_ • q.1-1. 1..i....ig.-.,.1(6''"C") .. . e -1 • ,, s--ykii,fr, ••••(2 . . . . ,, • .... .. • • .. •.. : • ., . • . . 1101. 4 " . - • A I I i 110 I 1.-9—di., . i _._,..-. ...,..,i., . . •.: ..• i • • • • , . .. . .. Ra...Svcr•(c4-i 3/1 L.P 4i,4,001 (- tor,1% • 414116110 .' ' '• .. .. If 575_ fa,4f, Fri+ Av... ..:• . . . '.::.:1,:1:.-is.. ;.., I J--""*-----....._________.....„...c __ fc44. PkN—tivth,-12..1.• 103tri5. • '.•''' • ....". . ...1 ...t. . • 1::.:•:. : • .....• ../.'.' •'... . ' . rb.k..1•:,W •• _ • ...". . .. .•'.-- '‘--- - ,, '• . .: : • . . _P._2_4.5. 1•ay -5-;-4 ltlicr , . ..:•;.. ' . . '_... ,,,, - - . -: •..,. ,..:f.:.:,. .,, . ' . . -j_eg.,__risk,f,_.P.5.1.?!......V...tiLtliar.._...._____ •..: ' . ..• ';. '...:.• .2)/ :.:;:'. .. ' . . L-:)±_kkt_,tcig'u•.i_LL,f_._A. %________J s c• ?f a,1.. . , • . :, ,. k2.1.-z_.,12._. ',.. .,, . ' . ., ' ',... . •, 1:.:'., ••• ' ' :s..-....• '''' • —• • • . •,••• .... ,, . , . ..• •.,.:.•..•.. • •.- - .,.. . .. . . . . . . •. .- ... . . • ... r• . •. % • TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 27, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Dennis Silva, Jr., Planner I SUBJECT: OV12-98-14 RANCHO CATALINA OFFICES DEVELOPMENT PLAN, LOCATED ON THE EAST SIDE OF ORACLE ROAD, NORTH AND ADJACENT TO THE DOME BUILDING BACKGROUND: The VCI Development Company, the owner and developer for this project, request Town Council approval for the Rancho Catalina Offices Development Plan. The 1.58-acre property is located on the east side of Oracle Road, north and adjacent to the Dome Building. The zoning for this site is R-6 which permits business and professional services. The site is still in its natural state. SUMMARY: VCI Development proposes to build two, single-story office buildings totaling 9,948 square feet. An open courtyard consisting of existing native plants and additional trees and shrubs separates the buildings. This development plan complies with the parking and setback requirements for a commercial site in a residentially zoned area. Since the project site is along Oracle Road and in an R-6 zone, the residential development regulations of the Oracle Road Scenic Corridor Overlay District (ORSCOD) requirements apply. Currently, a portion of a circular driveway serving the Dome Building is located on the VCI property, providing circulation between the two sites. The Board of Adjustment approved the variance to permit site access off of Oracle Road that is less than the required 660 feet separation between access points. It was discussed at the Board of Adjustment Hearing on June 23, 1998 that there should be shared access between the VCI commercial site and the Dome building. The owner of the Dome Building has agreed to have a shared access between the two properties. DEVELOPMENT REVIEW BOARD ACTION: On September 8, 1998, the DRB recommended approval of this development plan by a 6-1 vote subject to Staff conditions. The one (1) nay vote felt that drainage issues had to be resolved prior to DRB recommendation. GENERAL PLAN COMPLIANCE: Providing more commercial enterprises in Oro Valley coincides with the goals of the economic development section of the General Plan. "When thinking about economic development in Oro Valley, one must add the need to ensure the long-term community sustainability, and financial stability..." The Rancho Catalina Offices complies with these goals and policies in the General Plan. TOWN OF ORO VALLEY c'OUNCIL COMMUNICATION Page 2 of 4 TRAFFIC: A single access point at Oracle Road will serve the site. This access point shall be shared with the property to the south that is presently developed as the Dome Building. The access point currently serving the Dome Building will be eliminated at a time to be determined by ADOT. At the point of access Oracle Road consists of a six lane divided highway. There is no median opening at the site access point. All out traffic desiring to travel south will have to make a right turn and travel northbound to the next median opening which permits a U turn movement and than make a U turn onto southbound. Southbound traffic desiring to enter to this site will make a U turn at the median opening south of this project. The traffic statement prepared for this site states that the driveway connection to Oracle Road will be at a high level of service (B) with a minor delay. No off-site improvements to Oracle Road are required. Driveway and drainage improvements necessary to the site development within the oracle Road right-of-way shall be included in construction drawings that shall be submitted to ADOT for their review and approval. An ADOT right-of-way use permit shall be required for this site. The access is partially on the Dome Building property, therefore an access easement has been drafted. The recordation of the easement will occur following the approval from the Town Council. 1 RAINAGE: The 1.58-acre development is affected by off-site flows that originate from the east. The off-site flow will be accepted through wall openings and curb opening at the East End of the parking area access lane (PAAL). The flow is then split at that point to allow the drainage to continue within the inverted crown of the PAAL and also through the landscape area. This offsite flow is discharged through curb opening with dumped rip-rap for energy dissipation. Then drainage will then flow into its original discharge point. The onsite flows are collected within the PAAL and the natural area on the north site of the buildings and directed to a retention/detention basin on the western side of the site. Rock rip rap spillways will accept the flows into the basin. The retention/detention requirements are met with the proposed basin design provided in the final drainage report. Off-site construction is proposed for this project because of the shared access easement issue. The owner of the Dome Building has given a written approval to VCI to perform any construction on her property in order to convey on-site flow into its original discharge point at the sole cost of VCI Development. GRADING: The site will be graded to accommodate the construction of the buildings, parking area and travel lane, the retention/detention basin and the collection of the offsite drainage flows. Cut and fills do not exceed six feet (6') with the deepest cut occurring at the basin location which is 1.5' cut. This meets the OVZCR requirements ZECOMMENDATION: Staff recommends approval of this development plan providing that the conditions in Exhibit"A" are met. TOWN OF ORO VALLEY (7,1OUNCIL COMMUNICATION Page 3 of 4 SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve OV 12-98-14, Rancho Catalina Offices Development Plan, with those conditions attached as Exhibit "A". OR I move to approve OV 12-98-14, Rancho Catalina Offices Development Plan, with those conditions attached as Exhibit "A" and the following added conditions: OR I move to deny OV 12-98-14, Rancho Catalina Offices Development Plan, finding that: ATTACHMENTS: 1. Exhibit "A" - Conditions for Approval . Rancho Catalina Offices Site Plan 3. Copy of the Access Easement and Off-Site Construction Authorization trii 141 4AL P 4 in:vand Zoning Administrator 1 ‘ 0 ' 0/ i 1..i.' r Co ume�:t: pirecto, di , , 4 own Manager F:\ov\ov12\1998\12-98-14\DPTC.RPT TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 4 of 4 EXHIBIT "A" TOWN COUNCIL CONDITIONS FOR APPROVAL OV 12-98-14 RANCHO CATALINA OFFICES DEVELOPMENT PLAN 1. Recordation of the joint access easement must be provided prior to granting grading permit. 2. ADOT right-of-way use permit for off-site construction is required prior to granting grading permit. 3. Final grading plan showing grading and construction details shall be submitted to the Town for review and approval for grading permit. 4. The 6' masonry wall along the east side of the property shall be continuous with an opening, 20' in length and 1 foot high at the bottom of the wall to allow for drainage. From:Rick Bright To:Dennis Silva Date:10112198 Time:11:03:36 AM Page 3 of 6 OCT-12-98 NON 10:55 AM ICI DEVELOPMENT CO INC FAX NO, 5207226021 P, 02 To 98-86 LEGAL DESCRIPTION Ingress/Egress and Utility Easement An ingress/egress and utility easement located over a portion of the Southeast Quarter of the Northwest Quarter of Section 25, Township 12 South, Range 13 East, Gila and Salt RiVer Base and Meridian,Pima Count);Arizona described as follows: Beginning at the Southwesterly corner of that parcel described in Docket 9585.;Page 1755 and the True Point of Beginning of said easement Thence North 19° 49' 43" East (meas) North 19° 54' 00" East (rec) along the Easterly right-of-way line of Tucson-Florence Highway(89)a distance of 25.01 feet; Thence South 59°24' 17"East 67.19 feet; Thence South 70° 07' 52" East (meas) parallel with the Southerly line of that parcel described in Docket 9585 at Page 1755 a distance of 141.50 feet; Thence South 19° 52' O8" West 12.50 feet to a point on the Southerly line of that parcel described in Docket 9585 at Page 1755; Thence South 70° 07' 52"East (meas) South 70° 06' 00" East(tee) along said Southerly property line 251.0 feet; Thence South 19° 52' 08"West 12.50 feet; Thence North 70° 07' 52" West (mess) parallel with the Southerly line of said parcel described in Docket 9585 at Page 1755 a distance of 392.50 feet; Thence North 59°24' 17"West 67.17 feet to the True Point of Beginning of said easement. From:Rick Bright To:Dennis Silva Date:10112198 Time:11:03:36 Av1 Page 4 of 6 OCT-12-98 MON 10:56 AM VCI DEVELOPMENT CO INC FAX NO, 5207226021 P. 03 kb# 9$46 LEGAL DESCRIPTION 10'x 10' Fire Hydrant Easement by foot fire A 10 foot 10 hydrant easement located over a portion of the Southeast Quarter of y the Northwest Quarter of Section 25, Township 12 South, Range 13 East, Gila and Salt River Base and Meridian,Pima County,Arizona described as follows: Beginning at the Southwesterly coiner ofthat parcel described in Docket 9585 Page 1755; Thence South 70° 07' 52" East (meas) South 70° 06' 00" East (rec) along the Southerly line of that parcel described in Docket 9585 at Page 1755 a distance of 179.50 feet? Thence North 19° 52' 08"East 12.50 feet to the True Point of Beginning of said ea'sent; . t Thence continue North 19° 52'08"East 10.0 feet; Thence South 70° 07' 52"East 10.0 feet Thence South 19°52' 08"West 10.0 few Thence North 70°07' 52"West 10.0 fcct to the True Point of Beginning of said easement. l i will.l\I.fu111,1 l v.uCf1f115 Ji1Va ✓alC. 1,0/I u:id 1114,- I I.,.r.JU/Ai, rage D Ln v OCT-12-98 MON 10:56 AM VCI DEVELOPMENT CO INC FAX NO. 5207226021 P. 04 . • hi • : : . II •N • 4. ►.IC1►Jtt. .. " t 26- is made and into this dayof THIS DECLARATION OF EASEMENTS September, 1998,by JAMEG,INC.,an Ariiona Limited Liability Company ("JAMEG"),and TBE SMITH FAMILY REAL ESTATE INVESTORS LIMITED PARTNERSHIP,an Ariznna,Limited Partnership •u , .E.1I A L 1. JAMEG is the owner of that certain real,property located in Oro Valley,Pima County, Arizona,as described more particularly in&Wit A attached hereto rParcel 1")and as depicted on ieli. Exhibit C attached hereto. 2. SMITH is the owner of that certain Teal property located in Oro Valley,Pima County, as described more particularlyExhibit in B attached hereto 2")and as depicted on Exhibit C attachvd hereto. - 41 il .1'1 3. Parcel I contains an office building which is currently occupied by various tenants. 4 4. SMintends to constnict two new office buildings on Parcel 2,consisting of a total 4.? ofapproximately 9,948 square feet. IV i 5. The parties wish to assure th lues that�the (referred to collectively as the .:;n any improvements constructed thereon will proceed 4. . �on so that. i)the owners a . . - ' I .. e s . IA�1 to use : •'l enjoy certain soan.a y d . . � � vewa t„ :•• mil- facilities located on the Property;and all such areas and facilities will be adequately maintained. ‘4v • 6. The purpose of this Declaration is to establish ingress and egress access, both vehicular and pedestrian.for both Parcels and to provide for utility easements on both Parcels for the use and benefit of the owners thereof. NOW,THEREFORE,JAMEG,as the owner of Parcel 1,and SMITH,as the owner of Parcel 2herebydeclare that the Propertyshall be held,sold and conveyed subject to this Declaration,and , 1 ••,I- •••••, ,,• •. vCl11{I SING uaLe: (0/l Iy lIme: 1 i:Ua:3o AM rage o or o CCT-12-98 MON 10:56 AM VCI DEVELOPMENT CO INC FAX NO. 5207226021 P. 05 . . that the following easements, conditions,restrictions, grants and reservations shall attach to the Property and shall constitute covenants ming with the land for the mutual benefit and protection of the parties and all subsequent owners of portions of the Property. ARTICLE 1: RIGHTS AND EASEMENTS. Li Access Easement. 44\ and declares that SMITH and each subsequentowner(s)of Parcel 2 SJA►1V�G hereby grants shall have a perpetual nonexclusive easement for pedestrian and motor vehicle ingressand egress t. on, over and across such roadways and driveways as may be now or hereafter located-on that portion ItV. of the Access Easement described in Exhibit D attached hereto(the"Access Easement")and which is located on Parcel 1,as depicted on Exhibit C. SMITH hereby grants and decd that J eachAMEG ' 7 subsequentowner(s) of Parcel 1 shall have a non-exclusive easement for and . pedestrian and motor vehicle ingressand egress on,over and moss such roadways and driveways44/' as may be now or hereafter located on that •.rtion of the Access Easement w_hich is located on Qe Parcel 2,as depicted on Exhibit C 1 I shall at his sole cost and ,a Y 41 - . � ... - van and as depicted and driveway on the A '"'"T and related , Y inand specifications therefor submitted to the TOWN OF ORO VALLEY. Within 360 the plans of a building ' to for the improvements to be on Parcel t days after issuance ciu�g pmt Lupon completion of the roadway,driveway and related improvementson the . Z' Pto Parcel 1.from Oracle Road JAMEG shall completely close off and cease using the existing th use the Access Easement for such access. ..2 Utilities Easement. grants and declares that SMITH and each subsequent owner(s)of Parcel 2 J hereby - shall have a non-exclusive right and for the on,ownership, p, repair, relocation and of all utilities, use,operation, , replacement, including,but not limited to,sewer,water,electric,gas,telephone or other communications lines, • conduits and other equipment and facilities relating thereto,as may be now or and.all pipes,lines, � p thatportion of the Utilities Easement described in Exhibit E (the "Utilitiesh r located on #� aa�d Easement")Easement") which is located on Parcel I, as depicted on Exhibit C. ire y is owner(s)each of Parcel I shall have a non-exclusivedecd that JAG andsu right and easement for the installation,construction, use,operation,maintenance,repair,• s,including,but not limited to,sewer, relocation and removal of all utilities,enlargement,replacement,water,electric,gas,telephone tel hone or other communications lines,and all pipes, , conduits and other equipment and facilities relating thereto as maybe now or hereafter located on that portion of the Utilities Easement which is located on Parcel 2,as depicted on Exhibit C. 13 Relocation or Reconfiguration. Except as prohibited by this Declaration,nothing contained herein sal limit or restrict the • (a) to relocate or reconfigure the layout of any roadway or driveway,or any right of any c,wncr. to l to other locations on such owner's Parcel; (b) portion thereof, located on such owner'sparcel 2 rirSEF-21-96 LION 09:27 AM VCI DEVELOPMENT CO INC FAX NO3 5207226021 P,09 4.12 General Interpretation. Where the context of this Declaration requires,the use herein of the singular number shall be deemed to mean,the phial and the plural shall he deemed to mean the singular. Any referto whether raasculine,feminine or neuter,shall be to mean whatever is gender, � arc appropriate under the of the usage. The in this on , inserted 'ence and only,and shall inway smell define,limit or as a matter ofdescr 'be the or intent of this or in any way•dfoct the terns and provisionshereof 4.13 Governhsg Law. This Declaration shall be governed and interpreted by the laws of the State of 4.14 Binding Effect. Declaration,and all of the ease mems created, and all This and alI hereto, . min, covenants,conditions, and shall be coas easements,covenants, . .ons and restrictions ruiming with the land,artd beand inure to the benefit of each ower,its and assigns and shall upon all those claiming by,trough or under each ow ,its heirs,successors and assigns. IN WITNESS WHEREOF,Declanint has executed this Declaration as of the day and year first above L.L.C. HE SMITH FAMILY REAL ESTATElam' I • - I. 1 I, PAIL TNERSHIP By: _ r By: i r , Title:(Virfsi Agsse Title: 4 -.A STATE OF ARIZONA) )- COUNTY OF PIMA ) instrument was bell=me this clay of September,1998, The foregoingof]ANiEC L.L.C.,on behalf of said by MARGARET S.PHILLIPS,as Limited Liability Company. / N• '•-Y PUBLIC / ., . 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' z ;4 _cr, ' i i - ,,..:, ,tbri ,,,w_ol- 17r!ftle. ri.ixl-a.-t Ax-cl-ii-te ct,rifan,T,.; El t - _,?, 0,,,' ; ...,8 I : . „ i , i .,_ g:.1,,,;01,_ g i-Fp-;ii Rancho Catalina Offices i I I TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 27, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: Dennis Silva, Jr., Planner I SUBJECT: OV12-98-14 RANCHO CATALINA OFFICES LANDSCAPE PLAN,LOCATED ON THE EAST SIDE OF ORACLE ROAD, NORTH AND ADJACENT TO THE DOME BUILDING BACKGROUND: The VCI Development Company, the owner and developer for this project, request Town Council approval for the Rancho Catalina Offices Landscape Plan. This 1.58-acre property is located on the east side of Oracle Road, north and adjacent to the Dome Building. The zoning for this site is R-6 which permits business and professional services. The site is still in its natural state. SUMMARY: The landscape plan complies with the provisions set forth in Chapter 14 of the Oro Valley Zoning Code Revised (OVZCR). Bufferyard C, with a 10' wide bufferyard and a minimum 6' high masonry wall will be used along the north and east sides of the property. Bufferyard D is planned for the front of the property facing Oracle 1Zoad; this bufferyard will be 25 feet wide with 40" high berm. The landscape plan is salvaging significant native plants that will provide for a more aesthetic project. It will ensure that sufficient landscaping will occur throughout the site. All areas disturbed by construction operations will be revegetated with containerized plants as illustrated on the landscape plan and specified seed mix. The maintenance of the landscape material and irrigation systems will be the responsibility of the property owner. All plantings required by the Town will be irrigated by an underground automatic irrigation system. All trees shall be identified on the landscape plan which include native specimens to be salvaged (refer to condition#1). DEVELOPMENT REVIEW BOARD ACTION: On September 8, 1998, the DRB recommended approval of this landscape plan by a 7-0 vote subject to Staff conditions. GENERAL PLAN COMPLIANCE: The Landscape Plan presented by the applicant is in compliance with the Focus 2020: Town of Oro Valley General Plan. The landscape improvements proposed "preserve, restore, and enhance the ecological and scenic qualities of the natural landscape" and "add aesthetic interest and character" to the project, as required by the General Plan. RECOMMENDATION: Staff recommends approval of this landscape plan providing that the conditions in Exhibit "A" are met. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve OV 12-98-14, Rancho Catalina Offices Landscape Plan, with the condition attached as Exhibit "A". OR I move to approve OV 12-98-14, Rancho Catalina Offices Landscape Plan, with the condition attached as Exhibit"A" and the following added conditions: OR I move to deny OV 12-98-14, Rancho Catalina Offices Landscape Plan, finding that: ATTACHMENTS: 1. Exhibit "A" - Condition for Approval 2. Rancho Catalina Offices Landscape Plan / ik.)4L 1676°I Planni : -d Zoning Administrator 1i ti ji ^ 1 ° f, • ..!• = _1 11 Community D; .r,., ent I irec',r / . 1 . Air, _ _,_/.. Town Manag•r F:\ov\ov12\1998\12-98-14\LPTC.RPT TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 3 EXHIBIT "A" TOWN COUNCIL CONDITIONS FOR APPROVAL OV 12-98-14 RANCHO CATALINA OFFICES LANDSCAPE PLAN 1. Identify all trees, including the native plant specimens to remain in place. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 27, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Peter A. Cherberg, Planning Technician SUBJECT: OV13-98-81 RANCHO VISTOSO ENTRY MONUMENTS REVISED LANDSCAPE PLAN BACKGROUND: The Rancho Vistoso Entry Monuments site is located approximately 300 feet north of the intersection of Tangerine Road and Rancho Vistoso Blvd. The entry monuments are located on both the northeast and northwest sides of Rancho Vistoso Blvd. The property referred to in this report is composed of two areas that are located on the northeast and northwest sides of the entrance to Rancho Vistoso Blvd and run north from Tangerine Road (SR 989) up to the border of the entry monuments. This property is in the right-of-way of Tangerine Road and is managed by ADOT. SUMMARY: the Vistoso Community Association is requesting Town Council approval to perform landscaping on the northeast and northwest sides of the entrance to Rancho Vistoso Blvd that lead up to the entry monuments. The Association has received complaints regarding the appearance of this unimproved area and the fact that construction workers have been parking their vehicles there. In an effort to improve the appearance of this area, the association requests approval to erect unobtrusive fencing, in the form of posts and rope, to discourage parking, and to hydroseed the bare dirt with the Oro Valley approved native seed mix. Landscape maintenance of the site will be performed by the personnel currently employed by Vistoso Partners. The Association has obtained approval from ADOT to work within its right-of-way, with the stipulation that the fence posts are are positioned a minimum of 30 feet from the edge of the paved roadways. The Oro Valley Department of Public Works is still in the process of considering this proposal. This revised landscape plan was approved by the DRB on September 8, 1998. RECOMMENDATION: Planning Staff finds that the revision proposed is compatible with the existing landscaping at Rancho Vistoso and complies with the General Plan, Community Design Element Policy 9.1H: "preserve, restore, and enhance the ecological and scenic qualities of the natural landscape." As such, we recommend approval of this request as part of this evening's agenda, with the suggested conditions in Exhibit "A" attached hereto. i TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTIONS: The Town Council may wish to consider one of the following motions: I move to approve OV13-98-81, the Rancho Vistoso Entry Monuments Revised Landscape Plan, subject to those conditions listed in Exhibit"A" attached herewith. OR I move to approve OV 13-98-81, the Rancho Vistoso Entry Monuments Revised Landscape Plan, subject to those conditions listed in Exhibit "A" attached herewith and the following added conditions: OR I move to deny OV 13-98-81, the Rancho Vistoso Entry Monuments Revised Landscape Plan, finding that: 1.TTACHMENTS: 1. Exhibit"A" 2. Plot Plan and Elevations . diri ' I .--) . P, . in- rs d Zoning Administrator , / , , .,ii. .. i� A. AMA Co unity ve •. e Direc 1.r ./ Lfil Town Mana.er F:\OV\OV 13\1998\13-98-8 1\LPTC.rpt Exhibit "A" Conditions of Approval OV13-98-81 Rancho Vistoso Entry Monuments Revised Landscape 1. Approval of this request is required from Oro Valley Department of Public Works. 2. A license agreement will be required for landscaping in the right-of-way. / i i' \ o / Xi r.:;VI . P in 0 r- .-„,,, 4111P., 22_/ 411120 , ..... 41PApp• ir .K. PI •' , 0 Z \ 41141P. . a _4. x ,. ...,..... ____,,„...-- _.< /„:„. •-1 \, - , \ <-,-- ./ ,., 1 5 ; . . r-ri z .... _........ . P. I le. 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E , 0 , .0 z — < • ?, , 1:, C' 70 -0 -i36;_' z3 zzic,-) z , -< ; •y g f-‘‘ — 7 Q• 0 ,4, --iromu_' z ( -I1 0WC0-iIl Pr•Xpc3-.'•.C titt, c;rDii l v 1\,\ `' v=;-o,;r7,1,;•--,,;.V,i.zl.r1,,I'"•3,A:;s!Ei:.•,..".1 v^G; ' I , TOWN OF ORO VALLEY Z COUNCIL COMMUNICATION MEETING DATE: 10/27/98 TO: HONORABLE MAYOR AND COUNCIL FROM: Tobin Sidles, Town Attorney SUBJECT: Resolution Na (R) 98-83 , Request to vacate a portion of the Oracle Road right- of-way to William E. and Billie J. Anderson. SUMMARY: This item was on your agenda previously. The Anderson's desire is to acquire a portion of the Oracle Road right-of-way as described in Exhibit A.This would be for parking for their proposed office building located at the site of the old 7-11 store on Oracle Road.The subject property has been staked for easy identification of the property to be vacated. Other similar property has been previously vacated by Pima County.At the last meeting the Town Attorney was directed to research whether or not a lease agreement was a legally feasible option to provide this property to the owners. The simple answer is yes, such an agreement is legally possible. Given the Council discussion of a lease, I attempted to see if a value of the property could be obtained. Prior to writing bid specifications for the appraiser, I broached the subject with an appraiser.I was informed that it would probably not be financially prudent to spend the amount for the appraisal for this property given its probable value.The property under discussion,due to its small size and thin shape,is not worth very much except to the store owner.Prior to spending town funds for such an appraisal, staff seeks further Council instructions at this meeting. ATTACHMENTS: Resolution(R)98-83 with the following attachments: 1) September 2, 1998 Council Communication 2) Legal description and assessor's map of right—of—way to be abandoned. (Exhibit A). 3) Letters from utilities 4) Letters from abutting property owners 5) Application to vacate public street 6) Title report 7) Quit-claim deeds FISCAL IMPACT: N/A RECOMMENDATIONS: N/A SUGGESTED MOTION: I move that we accept Resolution number (R) 98-83 and vacate that portion of the right-of-way to the Anderson's. or I move that we direct staff to have an appraisal done,determine an appropriate amount for a long term lease,and prepare and execute such an agreement. Sign. e of Depart • -t Head Town Manager's Review RESOLUTION NO. (R)98-83 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, VACATING A PORTION OF THE ORACLE ROAD RIGHT-OF-WAY. WHEREAS, the Town of Oro Valley has the authority to vacate dedicated rights-of-way pursuant to Section 7-7 of the Oro Valley Town Code; and WHEREAS, portions of the Oracle Road right-of-way have been previously dedicated to the Town of Oro Valley through the process of annexation from Pima County; and WHEREAS, the dedicated right-of-way is unimproved and is not needed for public use; and WHEREAS, no land adjoining said dedicated road would be left without access to a public street; THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, to approve the vacation of a portion of the Oracle Road right-of-way as described in exhibit A, to William E. and Billie J. Anderson. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 27 thday of-October , 1998. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Sidles, Town Attorney Date Date .--`-- TOWN OF ORO VALLEY 10 COUNCIL COMMUNICATION MEETING DATE: September 2, 1998 1'0: HONORABLE MAYOR & COUNCIL FROM: Steven Faaborg, Civil Engineering Technician SUBJECT: Resolution (R)-98-64 Vacation of a portion of the Oracle Road right-of-wav to William E. and Billie J. Anderson SUMMARY: Mr. & Mrs. Anderson desire to acquire a portion of the Oracle Road right-of-way as described in exhibit A toprovide additional parking for their proposed office building, to be remodeled from the existing building, formerlya 7-11 store. The right-of-way presently contains asphalt parking spaces from its pg . parcel s usage. The was dedicated to Pima County with the platting of Sunnyslope lots 1 and 2, and was acquired bythe Town of Oro Valley through the process of annexation. The remainder of the q Oracle Road right-of-way has been dedicated to the Arizona Department of Transportation. None of the adjacent parcels rely on this right-of-way for access. Notice of the Public Hearing has been posted on �the property since July 30, 1998, and was published in the Daily Territorial on August 19, 1998. p p Y FISCAL IMPACT: The Town does not receive revenue from the vacation of this right-of-way. -'tEC OMMENDATIONS: The.Department of Public Works has no objection to the vacation of this portion of the Oracle Road right-of-way. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve Resolution(R) 98-64 OR I move to deny Resolution (R) 98-64 ATTACHMENTS: 1. Legal description and assessor's map of right-of-way to be abandoned (Exhibit A) 2. Letters from affected utilities 3. Letters from abutting property owners 4. Application to vacate public street 5. Title report 6. Quit claim deeds IV dit ,. Civil Engineer, Tr: •ort:tion J V. ••, _sneer 1 ii . , — tiAlr 1 ._i i o ana g - - _ 14: 40 0- -r S5E, F ICL FIVE 02 Rag ekH/8/7- LEGAL DESCRIPTION AREA OF PROPOSED RIGHT-OF-WAY ABANDONMENT THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25,TOWNSHIP 12 SOUTH, RANGE 13 EAST, GILA & SALT RIVER MERRI_DLgN, PIMA COUNTY ARIZONA., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF "SUNNYSLOPE TOWNHOUSES", A SUBDIVISION RECORDED IN BOOK 22 OF MAPS & PLATS AT PAGE 67, RECORDS OF PIMA COUNTY, ARIZONA; THENCE E NORTH 19'45'10" EAST 109.64 FEET UPON THE EASTERLY RIGHT-OF- WAY AY LINE OF TUCSON-FLORENCE HIGHWAY (ORACLE ROAD) TO THE MOST SOUTHERLY CORNER OF THAT RIGHT-OF-WAY ABANDONMENT PARCEL DESCRIBED IN DOCKET 7660 AT PAGE 1011, RECORDS OF PIMA COUNTY, ARIZONA; THENCE NORTH 70°14'50" WEST 50.00 FEET UPON THE SOUTHERLY LINE OF SAID RIGHT-OF-WAY ABANDONMENT TO THE MOST WESTERLY CORNER OF SAID ABANDONMENT, TO A LINE 100.00 FEET EASTERLY OF AND PARALLEL WITH THE T CENTERLINE OF SAID D TUCSON-FLORENCE HIGHWAY; THENCE SOUTH 19°45'10" WEST 109.64 FEET UPON SAID PARALLEL LINE; THENCE SOUTH 70°14'50" EAST 50.00 FEET TO THE POINT OF BEGINNING. 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( V. ,t c- ,'-`"►.-••- � . 7-06- ,'_,q- 1 :04Ar•1 FRO•1 JUNES I I,ITEPC AB -P I P 145";O 744 47:7 P. :'::.,. I. r 0v JI. i . . i�Z:a ' rl, . t. . } tif..::- '4a,1.. t M, ... it� e- • EASEMENT AGREEMENT t- ,:.'-'-' This Easement is made and entered into this day of \ter' ' /-a17" , 199$ by and between William B. Anderson, an individual, r::-.. hereinafter referred to as Grantor and JONES COM MUNICATIONS OF V . ARIZONA. INC.., hereinafter referred to as Grantee. ri.:::.- filsa WITNESSETH, that for good and valuable consideration, the receipt ':.w and sufficiency of which are hereby acknowledged. Grantor hereby transfers, ti fr... : - conveys and grants to Grantee.. an easement in. on, over, under, across or through i` Grantor's property, described as 8700 North Oracle Road. the legal description of i,. si= hich is attached hereto as Exhibit A. together with the rights of ingress and egress P'' ir:: thereto. This easement is being granted on the following terms and conditions. t tri -t. tz 1. The easement is being granted for the purpose of granting to the and to install, maintain. o erate u grade andl�or remove ��_t;::.‘:-. . . Granteerightability operate, p� cable television and related equipment in said property by placing it underground across Gra'ntor's above described property. The exactlocation of said easement shall be five (5) feet on either side of the actual placement of said cable and related equipment provided that Grantor has approved the location of said easement before Grantee installs any equipment therein, which approval shall not be unreasonably - a - withheld or delayed. Grantee promises that all work relating to the easement shall be done in a manner so as not to unreasonably interfere with Grantor's use of said property. Grantee further promises to leave the property in the same condition (as T-- closely as is possible) as itwas in before the installation and/or other work performed by Grantee thereon. c•s • • 7-06-1 99S 11 ,05AM FROM JONES I NTERCAB,L_P I MA 620 744 4737 P. 4 •4 pyj 2. Grantee shall use said easement to provide cable television and related services to the customers of Grantee.• . • 3. The easement shall terminate when Grantee ceases providing any service to any such customers.• Grantee agrees to repair all damage it may, cause to the property of • • • Grantor, and/or to the property of any tenant, invitee, agent or employee of Grantor • located upon Grantor's property, as 3 result of the work performed byGrantee within the easement and/or on Grantor's property, including, without limitation, p repair of damage to any parking lot and/or landscaped area. 5. Grantee shall indemnify, defend and hold Grantor harmless from and against any and all claims, demands, costs and expenses, including reasonable b attorneys' fees, that arise as a result of the breach of this easement agreement, or any term or condition thereof, by Grantee. 6. Grantee shall maintain at all times during the term of the easement �w. workers compensation insurance in compliance with the laws of Arizona and comprehensive general liability insurance with minimum liability limits of not less than $1,000.000 per occurrence and $2,000,000 aggregate. Grantee shall provide a certificate of insurance evidencing said coverage to Grantor before performing any work on Grantor's property or within the easement. 7. Grantee shall perform all work on Grantor's property and within the easement in ag ood and workmanlike manner, in compliance with all applicable federal, state and local laws, regulations and ordinances. and with the highest 4 . standards of care, skill, safety and competence. Grantee shall perform all work in a ` to prevent bodily harm and/or property damage, including, without manner 1 limitation, placing signs, barriers and/or barricades, as necessary and/or applicable, 8. Grantor reserves the right to terminate this ewement if Grantee breaches any term or condition hereof, provided Grantor has given written notice to Grantee of said breach and Grantee is given thirty (30) days within which to cure said breach. 9. Grantor reserves the right to relocate the easement as may be required for Grantor's use of the property, and Grantee shall move its plant and equipment to • the new easement at the sole cost and expense of Grantor. . • 7-06-1998 11 :0SAM FROM JONES I F ITEP CABL-P IMA 520 744 4 47 37 P. 5 • . 10. Grantee shall have the right to assign this easement without the Grantor to any successor a franchise from Oro VaIley�, Arizona consent o.f holding saidassignee i nee agrees to be bound by the terms hereof. Grantee shall . . provided � g ,, • require the prior written consent of Grantor, ',yhich consent shall not be unreasonably withheld or delayed, to assign this casement to a non-franchised successor. Subject to the preceding, this easement shall inure to the benefit of the • _ , - parties hereto and their respective heirs, personal representatives, es, successors and yfi. assigns. This easement constitutes the entire agreement eement between the parties in 11. ,. connection �v 1 t� the ��t subject matter hereof. No modifications or amendments to this easement shall he deemed enforceable unless in writing and signed by both parties hereto. • 12. Grantee sh=tlI record this easement in Pima County, Arizona, at its sole cost and expense. . 13. This easement shall be construed in accordance with the laws of the State of Arizona. • Y'= WITNESS WHEREOF, the undersigned, as parties, have set their IN �, . . signatures hereto. on the day first described above. GRANTOR: William E. Anderson, an individual residing in the State of Arizona :•� By: �� _<- ------ William E. Anderson GRANTEE: JONES COMMUNICATIONS OF ARIZONA, I• C. - • . Mike Lovett Senior Vice President-''Operations c, 7-06-1998 11 : 1 OAP.1 FROt.1 JONES I NTERCABL-P I P.1A B20 744 4737 P. 6 STATE OF _ ) ) SS. COUNTY OF ) Y� , a notary public in and for the State and County aforesaid, do certify that William E. Anderson, as an Individual residing in the State of Arizona, acknowledged the same before me in my County aforesaid. Given under my hand and official seal this day of 1998. My term e;- i 'e _. . .. STATE OF COL ss. COUNTY OF ARAPAHOE ) Thz foregoinginstrument was acknowledged before me this day of 199$. by Mike LON etr. as Senior Vice President Operations of JonesC�or1t I�n .t '� e�t�. nS !�`ACtLo:u: Zn` WITNESS my hand and official seal. Notary Public My Commission expires: 32333 U/41.0.7677 c;+,e0 G c\ ,..._.-------. , .17rr /(?5, \** . r) ,97n 7`-��, 72/C % Z97 g b 0 ' \`'4' /f*6c' 43?r Al;"7 7r7 C?--frhee&Yet • SIlY 4'6 'Y 6 ' id' ) /vv. '‘14 !SI' i ..... .• . • ..• • • ...•.•-.• • 'St (4C'C'"J''Pg)4't A"ov r • s'4 ,4) • i. .‘ • ---:.....:..:.:.....-4..:,,--y,-,.. • ,....:.•.-:-.--*---'-'-- ::,....':•;.:••••.••• "'---• • 4r.'44 .. ' I. i '.rte •..•. w . ...iii ••t'w s' ' • •••1.',' "i-..,:.7:...::,:”.,'.-.,'...7:.:::....::'':!....,.:7...7.1 •• ii. •: •;:;;. .:•. i•,'• C Tucson Electric Power Company 220 West Sixth Street,Post Office Box 711 Tucson,Arizona 85702 May 29, 1998 Area Code 520 Telephone 571-4000 Mr. William E. Anderson 5032 E. Escondido Mesa, AZ 85206 Dear Mr. Anderson: RE: 8700 North Oracle Road Tucson, Arizona Tucson Electric Power Company does not object to the sale of the 50 foot wide strip of land between the subject property and the ADOT right-of-way, proposed in your letter of May 13, 1998. We do have facilities in this area, and if an easement does not already exist it will be necessary for one to be granted to us. You may contact me at 520/745-3573 if you have any further questions or concerns, or if I may be of additional assistance to you. Sincerely, le 'h,His R. Heitmann L.nd Representative /prh 4 IFIIIt SOUTHWEST GAS CORPORATION *VMay 26, 1998 Mr. William E . Anderson 5032 E . Escondido Mesa, AZ 85206 Dear Mr. Anderson: RE : ABANDONMENT OF PORTION OF ORACLE ROAD 8700 NORTH ORACLE ROAD We have reviewed your letter dated May 13, 1998 regarding the proposed abandonment of a portion of State Highway 77 (Oracle Road) . Southwest Gas Corporation has no objection to the abandonment of this 50 foot portion of right-of-way as recorded in Docket 9768 at Page 1277 . If you have any further questions, please do not hesitate to contact me at 794-6020 . Sincerely, .---71/((.2„.„___ 6 ' --' - _ Maureen A. Cleary Supervisor/Computer Mapping • cg 3401 East Gas Road P.O. Box 26500 Tucson, Arizona 85726-6500 (520) 889-5600 'I )PIMA COUNTY WASTEWATER MANAGEMENT DEPARTMENT 201 NORTH STONE AVENUE TUCSON,ARIZONA 85701-1207 GEORGE A.BRINSKO PH: (520)740-6500 Director May 18, 1998 FAX: (520)620-0135 William E. Anderson 5032 E. Escondido Mesa. AZ 85206 Subject: 8700 North Oracle Road Dear Mr. Anderson: Pima County Wastewater Management has no objection to the proposed use/sale of the 50-foot strip of Oracle Road right-of-way subject to the following: Wastewater Management has a public sewer within the road right-of-way over which we will have to retain an easement, if we have not done so already. Driveable access must be maintained to all manholes; it would appear • that no manholes will fall within the limits of the proposed sale. If you have any questions please feel free to call me at 740-6547. Sincerely, r ,./4 �t•L Glenn W. Hi z, P. Civil Engineer Copy: Jerry Stratton Steve Magelli John Warner File/121325 Recycled Paper II I MOW 1111.11M T U C S O N WATEI INVESTING IN OUR COMMUNTTY . t,:t.:._., s A I.,.':.air:.. ..;:'_.... , III Ai Tucson Water Department May 19, 1998 William E.Anderson 5032 E. Escondido Mesa, Az. 85206 RE: Release Of 50.0' Wide Strip Of R.O.W.At 8700 N. Ot acie Rd.,Tucson,Az. Dear Mr.Anderson, Tucson Water has no present facilities within this 50.0' wide strip of R.O.W. There is a future Tucson Water Plan proposed in this area,but it sufficiently far away as not to be impacted by this requested release of R.O.W. Therefore,Tucson Water has no objection to the release of this R.O.W. Should you require further assistance on this project, do not hesitate to contact me at 520-791-5080, Ext. 348. Sincerely, Fr A. Lundin Sr. Engr. Assoc. Water Syst. Ping. FAL:fl:a.8700norac le.doc cc: Ralf Deason File (520)791-2648 . FAX (520)791-2614 • RO.BOX 27210 •TUCSON,AZ 85726-7210 ,,. -.. r , .....« � .�� *ii i, r sA ..-t:',._....1.,, �y �q T' a z,: oa�.Y � r ,a 7 -t.y :7-:.,..i . _ .. ,. : res y , .:.:,,o-•—•••-:, L�w . F -i i � a t' Sf ,F +!+ XiE A . t.. 7-06-1q98 11 :4.9 AM FROM JONES I NTERCAEL-P I r 1A 520 7d4 47.37 joNEs. I rN f IR CABLE Monday, July 06, 1998 Mr. William E. Anderson Post Office Box 882344 Steamboat Springs, Colorado 80488 Re: Release of Interest in right-of-way located at 8700 North Oracle Road, Oro Valley Arizona 85737 Dear Mr. Anderson: This letter serves as confirmation that Jones Communications of Arizona d/b/a Jones Intercable has agreed to a conditional release of its interest in the right of way located along the West side at the above referenced address (legal description attached). Jones does not currently utilize the right of way, and has not plans at this time to utilize the right of way. However, this release in interest is conditioned upon our verbal agreement to execute a separate easement agreement. This separate easement agreement will reserve Jones right to install is facilities past 8700 North Oracle Road at some future date. The easement agreement is being sent to you via overnight for execution. Please direct any questions to my office at 520-744-5401. ...,/.4_14/tu/afrfrtp,._ Sincerely,A"hn Hannan, Commercial Development Manager ones Intercable May 21, 1998 William E. Anderson 5032 E. Escondido Avenue Mesa, AZ 86206 In reference to your letter of May 15,1998 regarding the vacation of a 50 ft. strip in front of 8700 N. Oracle road between the western limit of your property and the east Right-of- Way line of Oracle road (SR77), please be advised that the Board of Directors of Sunnyslope Townhouses Association, has no objection to such vacation. We are pleased to know that the building will now be occupied by professional people in the type of business that does not generate high volumes of traffic and caters to clientel that are not inclined to vandalism and other disrespect for the rights of citizens of Oro Valley. We extend our best wishes for your your future success. , e _ _ Donald Peterson, President Sunnyslope Townhouses Association, Inc. 207 E. Calle Turquesa Tucson, AZ 85704 ._ ARIZONA DEPARTMENT OF TRANSPORTATION .... ' . ff"`�'er i'.`p" '� INTERMODAL TRANSPORTATION DIVISION `1' ;':�:,,c?;.�:-1 \ . Right of Way'Tides Section c �-ti - ,--"�' 205 South Seventeenth Avenue,Mal Drop 612E '1/4- . . :~ Phoenix,Arizorui 89007-3296 �' ' ;i FAX: (602)255-8117 a1 (602)255-8758 JANr,Ott i lULL THOMAS G.SCAMI I`f Governor STATE ENGINEER MARY E.PETERS July 08, 1998 Director LAWYERS TITLE Attn: Jeff Malone RE: A.D.O.T. Project: F-031-1-811 Tucson - Oracle Jct. - Globe Highway, SR. 77 Dear Jeff: Per request from Mr. Bill Anderson, A.D.O.T. has no objection to the proposed abandonment of the 50 foot strip depicted on the attached map by the local jurisdiction, and realize that no additional area will be obtained by said proposed abandonment. Please contact me if you require additional concurrence. Respectfully, iiiiiio L,61,(oek,_ PAULA GIBSON, Manager Right of Way Titles Section attachment cc: Bill Anderson FROM : PHONE HO. : T�.ir-. 18 1998 11:2'4H11 F` L:I 1 J• •-•� a.� �.� . June i(j. 1998 To: Michael Kinney Storage USA 1400 N. Gilbert, Suite lE3 o . • . • . . • Gilbert, Ati'iona• ?5234 We have recently purchased the property known as 8700 N. Oracle Road in.the city of Oro Valley. We a.re now applying to Oro Valley tovacate a 50 foot wide strip ot.land between our property and thy, ADO r right-of-way on the East aide of State 1vay 77 (Oracle Road). Some of our neighbors,LISA Storage and Circle K. have already gotten the same 50'strip in front of theirP ronc;rtty returned to them. In the 60's, this land was donated by the land.owner who established Sohl.Sunnystope deVelopments tin a service road parallel to Oracle Road. The road was never developed and the land was eventually.passed by the county to Oro Valley at the time of annexations Oro Valley has indicated that they have no plans for use of this Land. We would this land to improve 8700 N, Oracle with additional landscaping.and ixarking. If you have no nbjectio.ns to us owning this land,pease send us a letter stating this fact at your earliest convenience so that we may.start this 6-8 week vacating process. Enclosed if tin exhibit of pertinent information that may be usetill to you in deciding whether.to give your pernmissiqn and authorization. The only sign on our trroperty will be adjacent.(50 Leet) to the Oracle.Road and the dimensions will be 5 foot high by 4-1/2 foot wide. It veil.not block the view of yow facility or sign,. /)1/ 's kvW Y, Ziwvilcr 2 '? )D,/F Thank you, APIelepy.A4 . OZe gook Pro- 701 co...v.e„7,c,,t/ (-- tPer: ioiv ?,d,,n? q Yeeii? J.14 Al- William E. Anderson P 0. Box 882344 If„v2 .roA9 Steamboat 8 Sp rin s, CO 80488 Tel/fax 970-879-0022 /1-‘,/3 ck/ --‘17.k?/- (}1/4-S ,k)-1)-1- ' �- •it zi.`„( . /rCJ74-n-C.'t'LT kiL) 7V-(-.)1,--(*(.7t... '-krt'd44'.- /1E)-'VC, "P'16rt711\r(- 1/2„,,,,,r, C/N1- , • s-z) r � � /Ly,c_ ) 1,/ r� TOWN OF ORO VALLEY APPLICATION TO VACATE PUBLIC STREET, OR OF ORO VALLEY, AZ. ORDINANCE N2 . ( 0W-Y2 (PER TOWN Fees to cover administration, legal and engineering costs: Abandonment of streets and alleys - $780. 00 NOTE: All fees are non-refundable 1. Applicant William R. Anderprnn Date 7/1vQR Address • - Telephone 070 870 0022 City MPGA State A7_ , Zip 85206 EA5eme#-r- 2. I hereby make application for vacating a described as follows: An accurate legal description of the property to be vacated must be provided. Subject Real Proper), (Legal Description) All that certain property described as that portion of the northwest quarter of the northeast quarter of Section 25,Township 12 South, Range 13 East, Gila&Salt River Meridian, Pima County Arizona: Thence North 19°45'10"East 109.64 feet upon the Easterly right-of-way line of Tucson-Florence Highwayt(Oracle Road)to the most southerly corner of that right-of-way abandonment parcel described in docket 7660 at Page 1011,records of Pima County,Arizona: Thence North 70°14'50" West 50.00 feet upon the southerly line of said right-of-way abandonment to the most westerly corner of said abandonment,to a line 100.00 feet easterly of parallel with the centerline of said Tucson-Florence Highway: Thence South 19°45'10" West 109.64 feet upon said parallel line;Thence South 70°14'50"East 50.00 feet to the the point of beginning. Said parcel contains 5,482 sq. ft. 3 . Applicant must provide an acceptable title report and a county assessor' s map upon the subject street or alley. All adjacent property owner's, their addresses and phone numbers must also be included. 4 . Written permission and authorization for the requested abandonment must be secured from all affected public utilities. Copies of all letters of authorization and permission must be submitted with this application. 5. Applicant shall furnish at time of the application appropriate Quitclaim Deed forms setting forth accurate legal descriptions of the property proposed to be conveyed to the Town pursuant to the request of vacating for each abutting property owner. The legal description shall be furnished on each deed showing the abutting property owner, and the proportion of right-of-way which will be deeded to the property owner upon approval by the Town Council upon vacating. • tar.1.1i:w Isuyerglitle o rizona,Inc. Tucson, AZ 85711 Phone Fax To: WILLIAM E.AND BILLIE J.ANDERSON Attn: P.O.BOX 882344 STEAMBOAT SPRINGS,CO. 80488 Re: Escrow No: 00302193 Property Address: TUCSON,ARIZONA Buyer: WILLIAM E.AND BILLIE J.ANDERSON Seller:ARIZONA A MUNICIPAL CORPORATION TOWN OF ORO VALLEY and ORO VALLEY In connection with the above-referenced escrow we are enclosing the following number of copies indicated below: 2 Copy(ies)of Commitment for Title Insurance Copy(ies)of Covenants,Conditions,and Restrictions 1 Copy of Plat 1 Copy(ies)of Exceptions as set out within Schedule B-Section 2 (If copies of the Exceptions set out in Schedule B-Section 2 are not included in this package,and you would like to receive them,please contact your escrow officer.) Please be advised that if there should be any additional items required for the processing of your escrow transaction,you will be contacted by your Escrow Officer or their support staff. We appreciate having the opportunity of serving you in this matter. Very truly yours, LAWYERS TITLE OF ARIZONA Escrow Officer 411111110.1.4 e Ii,yers' it1ensurance o oration --1/4-: , . ...... '. NATIONAL HEADQUARTERS Richmond, Virginia r COMMITMENT FOR TITLE INSURANCE - LAWYERS TITLE INSURANCE CORPORATION, A Virginia corporation, herein called the Company, for valuable consideration, hereby t commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule - .-' , A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. :7- This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent '' endorsement. A `- This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder 7: ` shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever '- first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid 7,...;;:kj' -- or binding until countersigned by an authorized officer or agent. t :-- IN WITNESS WHEREOF, the Company has caused the Commitment to be signed and sealed, to become valid when countersigned by an -�- authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment is effective as of the date shown in ,-.V: Schedule A as "Effective Date." - `'39 CONDITIONS AND STIPULATIONS ,--Agil 1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. -*,;,:-4 ,1-4,,, 2. If the proposed Insured has or acquires actual knowledge of any detect, lien, encumbrance, adverse claim or other matter affecting the • ; Testate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose -t�"'t1 such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of -: : reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse --- . claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not " • relieve the Company from liability previouslyincurred pursuant toparagraph 3 of these Conditions and Stipulations. A f a 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in under taking in .- good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the '7'7 estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule 1 A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated i by reference and are made a part of this Commitment except as expressly modified herein. At,',,,,' 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status klof the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to '' the provisions of this Commitment. •--} Iuyersit1ejnsumnce rporat1on u ..,. -N -...Y B . ?6,,,j--62. &,,:2,4... 1 President Attest. 14/Z4ziol„ -- Secretary I Li ,6 4 , 0 COPYRIGHT 1966-AMERICAN LAND TITLE ASSN.` '--Y4'''''` LITHO IN U.S.A. 91-88 1-088- COVER Lawyers Title Insurance Corporation NATIONAL HEADQUARTERS RICHMOND, VIRGINIA Amended: Lawyers Title Of Arizona COMMITMENT FOR TITLE INSURANCE Typed: 07/06/1998 SCHEDULE A Examiner: JM Typist: sm TUCSON,AZ 85711 Branch: 028 1. EFFECTIVE DATE: June 26, 1998 at 7:30 A.M. CASE NO. 00302193 2. POLICY OR POLICIES TO BE ISSUED: (a) LTAA Standard Coverage Owner Policy - 1974 (Rev. 01/01/88) AMOUNT: $TO COME PROPOSED INSURED: WILLIAM E. ANDERSON and BILLIE J. ANDERSON, husband and wife as joint tenants with right of survivorship (b) None AMOUNT: $ PROPOSED INSURED: (c) None AMOUNT: $ PROPOSED INSURED: 3. TITLE TO THE FEE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT IS AT THE EFFECTIVE DATE HEREOF VESTED IN: TOWN OF ORO VALLEY, a municipal corporation 4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: Exhibit A Attached Hereto and Made a Part Hereof. COUNTERSIGNED AT: TUCSON, ARIZONA THIS COMMITMENT IS INVALID Lawyers Title Of Arizona, Inc. UNLESS THE INSURING PROVISIONS AND SCHEDULES A AND B ARE ATTACHED By: AIWA, Authorized 0"1"' or or Agent Lawyers Title insurance Corporation NATIONAL HEADQUARTERS RICHMOND, VIRGINIA SCHEDULE B—SECTION 1 REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED. ITEM (B) PROPER INSTRUMENT(S) CREATING THE ESTATE OR INTEREST TO BE INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD, TO WIT: 1. COUNTY Treasurer's Tax records show taxes for the year 1997 are marked totally exempt. 2. Record Quit Claim Deed from ARIZONA DEPARTMENT OF TRANSPORTATION to WILLIAM E. ANDERSON and BILLIE J. ANDERSON, husband and wife as joint tenants with right of survivorship. 3. Record Deed and Affidavit of Value from TOWN OF ORO VALLEY, a municipal corporation, to WILLIAM E. ANDERSON and BILLIE J. ANDERSON, husband and wife as joint tenants with right of survivorship NOTE: If Power of Attorney being used for this transaction, submit to the Title Officer sufficiently prior to close of this transaction for approval. Such further requirements as may be necessary after completion of the above. Furnish Affidavit of Authority with any Power of Attorney. NOTE: A.R.S. Section 11-480(A) provides ... Effective January 1, 1991, each instrument (presented to a county recorder for recordation) shall be no larger than eight and one-half inches in width and no longer than fourteen inches and shall have a print size no smaller than 10 point type AND shall have at least a one-half inch margin across the bottom and the left and right sides from the top to the bottom. The first page shall have a top margin of at least two inches of vertical space from left to right and shall be reserved for recordation and return address information. CASE NO. 00302193 Lawyers Title Insurance Corporation NATIONAL HEADQUARTERS RICHMOND, VIRGINIA SCHEDULE B—SECTION 2 EXCEPTIONS THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING UNLESS SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY. 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by the Commitment. 2. Reservations contained in Patent from the United States of America, recorded in Book 188 of Deeds at page 181, reading as follows: And there is reserved from the lands hereby granted a right of way thereon for ditches or canals constructed by the authority of the United States. Excepting and reserving, however, to the United States all the coal and other minerals in the lands so entered and patented, together with the right to prospect for, mine, and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (39 Stat., 862). 3. Patent reservations of record in instrument recorded July 20, 1937 in Book 201 of Deeds at page 195. 4. TAXES for the year 1998, a lien not yet due and payable. ANY action, subsequent to the date hereof, by the Pima County Assessor and Treasurer reassessing, altering and/or increasing the current or any prior years taxes or assessments. 5. LIABILITIES AND OBLIGATIONS that may arise by reason of the inclusion of said land within the following named district: Name: Metropolitan Domestic Water Improvement District 6. ANY PRIVATE RIGHTS or EASEMENTS existing prior to abandonment on, under and across those portions of said land lying within the road, street or alley abandoned by Resolution or Ordinance: Recorded in Docket: Page: NOTE: IF POLICY IS TO BE ISSUED IN SUPPORT OF A MORTGAGE LOAN, ATTENTION IS DIRECTED TO THE FACT THAT THE COMPANY CAN ASSUME NO LIABILITY UNDER ITS POLICY, THE CLOSING INSTRUCTIONS, OR INSURED CLOSING SERVICE FOR COMPLIANCE WITH THE REQUIREMENTS OF ANY CONSUMER CREDIT PROTECTION OR TRUTH IN LENDING LAW IN CONNECTION WITH SAID MORTGAGE LOAN. CASE NO. 00302193 Exhibit A CASE NO. 302193 That portion of the Northwest Quarter of the Northeast Quarter of Section 25,Township 12 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County,Arizona, described as follows: BEGINNING at the Northwest corner of SUNNYSLOPE TOWNHOUSES, a subdivision recorded in Book 22 of Maps and Plats at page 67, records of Pima County,Arizona; THENCE North 19 degrees 45 minutes 10 seconds East 109.64 feet upon the Easterly right of way line of Tucson- Florence Highway (Oracle Road) to the most Southerly corner of that right of way abandonment parcel described in Docket 7660 at page 1011, records of Pima County,Arizona; THENCE North 70 degrees 14 minutes 50 seconds West 50.00 feet upon the Southerly line of said right of way abandonment to the most Westerly corner of said abandonment, to a line 100.00 feet Easterly of and parallel with the centerline of said Tucson-Florence Highway; THENCE South 19 degrees 45 minutes 10 seconds West 109.64 feet upon said parallel line; THENCE South 70 degrees 14 minutes 50 seconds East 50.00 feet to the POINT OF BEGINNING. v110+uvt/ MOUNTAIN ESTATES EAST Yrs 1 a 2 LOTS /-64 G /1; N I/4 COR ti • SEC✓25 12/13 260.65' 61.14:,v2_ _ - - -i'� _ - -1-- HARDY ROAD ' •I COI 10 d'/ R=50' : --_-/ I 41.96' Gj:,' ' ,s0i ' 207.58' 337.67' CALC.) 1:5N & 1z' DRAINt GEW Y EASEMENT • � o • ; nowL ,i c e to . o .. ..., „, qt. • in � � • ' / _ a' oo � , i O- ',8//S7 � ' CV � 310. 1 O:4....., `'� 8 297.78' (CALC.� y • 4). e,,'' ~ , r',/.) .) f �o ' iZ 1 1 i• ;4; s. �. � ,�0 I I , • . v • it `.•�'i \„ ,�'ms's 1r / - ,,,_44/ ••• ,a A-- ♦4C SO. 13- 89.7 O 'i %� 3��( pis - ``~-... -r • ice' ,..%Z. %IP %4,1e4 ''' . %,,,. t ...,...... 411D 4 CU g' • kt �', _ _ 1_ NJ I nit .?) h.) 1 •• 'so' NOW PLATTED W4 THE •tee• • -,:E4,v,,7. • 1r1/P—22/67 /* '‘o,, . 1.0.o • 0 •io .` •b h J. ,< 'e‘f, 2 • • SUNNYSLOPE TOWNHOUSES LOTSs"; I-91 t to? qe CEJ 2 �`�4.'r . I. 0 Q • SW Coy, r w +/a 673.4 /-2Q1524). S.E COR. LOT 1 SEE NE 1/4 SEC.25 SEC. 25 ',1" 'N' 198 ii %; , _ • , i . t ~ • ________________ .._ .... k . • as kJ. IT ld QrDE,ED th.l.t the *sole of said estate of tae s r la Carter 0. Crane. DeceA sad. 'wiz described as follows. to-wit: The wast ::alt of tae bortreaof luarter of Section 8, ma the lorthwest :Waster of Section nine is Toun chip fifteen sot to of Flange tnirteen east, .nd the Northwest vuarter and tae Sect Half of the Southwest furter of Section Seventeen in Town- • ii I . 3 . ship fifteen South of Fie Eltven fest of the Alla and Salt F1rn• Sass and tori- ,hereunts diau, Arizona, contsintro Fo Hundred _16hty Acres. _ ;'.4:. also, -. ' be, ane. the same is here'f alligned and set aside to said Dora D. Crane. widow of :Aix end •f Carter 0. Crane, deceesed, to be herb absolutely. -t of ..,rrr ' DOLL IN OPEN COL•F.T LA's 3athday oft l ovenber, 193 . ITut. G. Hall, . .ith the Judge. i pa . STATE OF A. ZONA, ) ss. • COUNT! OF NINA. ) ;. aforesaid. - i I. Lorna A. Burgos. clerk of tee •• riot -ourt of tae state of LrIvzza, in g Ld for the the day county of Pisa, do aerecy certify .t I have -outpaced tae fortgoieg copy of Orricr Assig4- - lag Estate to Widow. in cause . 6212, entitled • the Natter of .he Estate of Carter 0. Crane. dececsed. vita the o anal record of the - remaining in this office, and that the s=3e is a true and c• ct transcript tnerefron. Witness my Sar$ . the ser-1 of said court affixed, this 4th day of Deces.^ere A. D. 1935. 35. t7 Lenne • Hur6es - (SE'L) Clerk. • La;oelle Haaton 11 " -ad End recorded at request of Olive G. FalloDec 4 4:25 PE 1935 `" a 115898 ti Anna Sullin6er,•Comty F+eoordet•. ^1 J. 4'••i -� Deputy. l ./ .taputy') t f `*-, ` '> `: Phoenix 063381 and :•6;'.•97. 4-1C07. 3 - IX SHE UNITED STS& 0!'AI FICA, - To ALL TO V:oL PrS.5ElTS SHALL COkE, GAEiTI3:G: . uty ": *MAUL a Certificate of the Aegis'..er of the Land Office at Phoenix. Arizona. has \ ' < been deposited in the General Land Office, saereby it appears that,pursuant to the Act t of Congress of Lay 20, 1862. 'To Secure Homesteads to Actual Settlers on the Public edent was "' :R .;t'`- Douala." and the acts suppleser t ai thereto, *61541 claim s f Walter D: Ashley has been sat*- 'f blinked end duly consvca:'ted. in conformity to law, for the Lets three and four, the nest the Talus half of the southeast qua-ter. and the southwest quarter of Section twencty-four and the • Lots. one, two, and three and inc gest half of the east half of Section twenty-five in . ,,...'-' ' .-. Township twelve south of Mange thirteen east of the Gila =ad Salt River reridian. Arizona, as it - •• '"• e:.ntainhos nix kindred ci xteen screw and amty-two hundredths of smaE acre.-acown's' to the to be =et • Official Plat of the b.:•`"ey of the said Ladfilee . on in th C R:L LAED OFFICE: yl ... S td estate NOW EEOC 1E, That there is,thereiote, granted by the UNITED STATES unto the said claim- • ' • tracheae- :nt the tract of Land above described; TO HAVE AND TO HOW the said tt'ct of I . with the • - s ppurtenances thereof. unto the *Alia claimant and to the heirs and assigns sf the said claim- rent forever; subject to any vested and accrued water rights for mining, agricultural. mann- , 1935. '. : - LI-persons - facturtng, or other purposes. and rights to ditches and reservoirs used in connection with i. suck.water rights, as say be resogni zed and u c knowlf dged by the local customs, laws, and Id property the ..x- decisions of omrta; and there is reserved from the lands hereby 6r-nted, a right c. way thereon for ditches or canals const:uctsd by the authority of the C• ted States. Except and reserving, nouever, to the United State(' ft11 the coal and otap•r :stnar'ls :v the lend. • F • so entered and patented, together with the right to prospect for. :.rn, end r Trove the sums f t. _1\..: -• "-',;e•1,e*z..,!,.^..Z. 1 .;" 2.._ -it--_•:•-:: •. .'' .t. • .,Zs , , - - • ."`<,.' • '. , '-:'. '• . y fes` t'r • • 't Y: / - , I 1''il. ... , i/ ....,._ 82 t► _ - p;arsuant to tae provisions and limitations of the Alit of Deoeaber 29. 1916 (39 Stat.. 862). / •Aik Ili TESTIli0►? WHEREOF. I. Franklin D. Roosevelt. Impr - , : • President of the United States of taerioa. have soused • ,A ; these letters to be made Patent. and the seal of the General Lane Office to be hereunto affixed. r } . GIYER under ay land. at tie City of :ashing:on, the t . THIP.TIITH Stay of BCYE'JBER in the year of our Lord one (SEAL) thousand nine hundred and THIRTY-FOUR F tri of the Ind"- ., pende:.ce of the United States the one hundred. said FIFTY-- t - NINTH. • 1 .. ' + By the President: Franklin D. Roosevelt fid • By Louise Polk Wilson, Secretary. Futa Lockett 7,N.,4 / t 1 1 - , :sCORLED: Patent Lumber 1073382 Recorder of the General Lord Office. • ,1 . / ' \,' Tiled PAC recorded request of Wolter D Ackley Des 5 9:31 AY 1935 t15931 • Anna Oullir.der. County Recorder. :� 3 - By , 4,:.., A.-14 .,,, , Deputy. • • ' i " 1 i . • .: \ i.: - i ( I. R. Stamp affixed and cancelled 441.00 .: C Furan 12/5/35 ) a`�• R' •• WARRANTY DE • STATE OF AFl DD.L _ County of Piens • r ie _ . .1 • Y'-0W ALL UZI IT THESE FP.ESiRTS: . a . That Arizona Reaity'Const_uc.:3.1 a..d Subdivision Company. a corporation of the Oily li • of Tucson, Piaa County. Ari a ror and in conaida'ration of the ma of - - - Ten and - No/100 - - - - DOL/AF.1, it ins l paid by Jesrtih C. Ryan and Bertha:L.• Ryan. his wife. has granted, sold and conve,yod 4..41 by these presents d- grant. .sill and convey unto the said Joseph C. Ryan and Bertin :.xn :.x., 'all that co •• n proes doacribed.as follows. via: • y Let 12 in Black 5, P..:.omer !..,..:211 i soon. time '-unty. Arizona. ac%ording to the map I 1 -- \- - - A. ' or;.lat of said su'di`i w>ra of re in e office of the Co z.ty Meorier of Pima 1 • _' County. Ar:s». in Boom 6 e f Maps is at Page 51 thereof ': : " ' SUBJECT. mer, to tan as for 193• • $U5JEC?. also, to conditions a. • rest,•:ct••ns as oft ferta`is":that certain instrument • of record in the o:fics of -a County heoo • r of Pinta ,sauntr.' s ' itona, in Book 54 ',• , •. of Mioaellseeaio Record c-t Page 209. �< .; , 11 - TI) HATE AEC TO BOLD e *cove described preal se together"stir all!and singular the \ .i . rights and apparte• • s thereto in any wise belonging •-to the said J uslSepk C. Ryan andl Berta. LRyan.an, s wife, their heirs and assign@ f• ver. _�, assipas administrators. to warrant And it by binds it• successors, /Mama. executors .• a ti :r.3 tsre•er defer.!, all and singular, the pz'eal.Ns unto the d Jooeph C. Ryan and Bertha I 1 - L. Fran, kis wife, their heirs and assigns. age•inst every perio. whosoever, lawfullj claim- 'i . its or •.o class the sane or any part tkereof. 34 _ IN WITS xn:mF, the mentor herein haw caused these presents to be executed by its • .. . • duly authorized officers and its corporate seal affixed this 1st day .if Feoruary, A. D. 1935. • ftYsaszug signal kltksac . &Seed, Sealed and Delivered in the presence of ) Arizor a Realty Construction and ,• - ` / - :Attest: 1 Subdivision Cocspany, (SIAL) .. T Tayl it ) By: Stanley Williamson (SEAL) Seoretery ) President 40'7' - 711 _ tt - i . _ --� L-. _ r. -- - l ' 1 ' _ .S 1 '-+i syr• ' F _ . '_ f j r . • ... r +.. .- :.'.". - --. _'ice. PROPERTY PROFILE PREPARED FOR: COMPLIMENTS OF : ************************************************************************** Ownership Information Owners : SUSA PARTNERSHIP L P Mailing Address : 10 CORPORATE CENTER SUITE 400 COLUMBIA MD 21044 Property Address : 8710 N ORACLE RD TUCSON AZ Tax Parcel Number: 225-14-16900 Phone Number ************ Legal Decription: SUNNYSLOPE LOT 2 EXC THAT PTN LYG WITHIN SUNNYSLOPE TOWNHOUSES & SLY PT LOT 1 ADJ TO ************************************************************************** Property Characteristics Year Built : 0 Sqr. Feet : 0 Roof Material : Total Rooms : 0 . 0 Wall Material : Bath Fixtures : 0 . 0 Heat Type : Pool Sqft : 0 A/C Type : Garage : Imp. Cond. : Stories : 0 . 0 Use : 3730 Units : 0 ************************************************************************** Tax Assessment Information FCV Total : $1694880 . 00 1997 Tax: $52636 . 84 FCV Land: $313448 . 00 Tax Rate Area: 1011 FCV Improvements : $1381432 . 00 Assessed Percent : ************************************************************************** Sales And Loan Information Sales : Transfer Date : 03/25/1994 Sales Price : $0 . 00 Sales Instrument : 9757-1182 Cash Down: $0 . 00 Cost Sqft . : $0 . 00 PROPERTY PROFILE PREPARED FOR: COMPLIMENTS OF : ************************************************************************** Ownership Information Owners : LAWYERS TITLE OF AZ TR 6911-T Mailing Address : PO BOX 57610 ATTN: TUCSON REALTY & TRUST CO TUCSON AZ 857 Property Address : Tax Parcel Number: 225-14-15200 Phone Number ************ Legal Decription: SUNNYSLOPE TOWNHOUSES PRIVATE STREETS SUNNYSLOPE LOT 2 ************************************************************************** Property Characteristics Year Built : 0 Sqr. Feet : 0 Roof Material : Total Rooms : 0 . 0 Wall Material : Bath Fixtures : 0 . 0 Heat Type : Pool Sqft : 0 A/C Type : Garage : Imp. Cond. : Stories : 0 . 0 Use : 8800 Units : 0 ************************************************************************** Tax Assessment Information FCV Total : $500 . 00 1997 Tax: $6 . 38 FCV Land: $500 . 00 Tax Rate Area: 1011 FCV Improvements : $0 . 00 Assessed Percent : ************************************************************************** Sales And Loan Information Sales : Transfer Date : 03/17/1959 Sales Price : $0 . 00 Sales Instrument : 1398- 260 Cash Down: $0 . 00 Cost Sqft . : $0 . 00 QUIT CLAIM DEED Effective Date: 1 County and State where property is located: PIMA COUNTY, ARIZONA 1 GRANTOR(Name, Address and Zip Code) I GRANTEE(Name, Adress and Zip Code) = William E. & Billie J. Anderson 5032 E. Escondido Mesa, Arizona 85206 Subject Real Propery (Legal Description) All that certain property described as that portion of the northwest quarter of the northeast quarter of Section 25,Township 12 South,Range 13 East,Gila&Salt River Meridian, Pima County Arizona: Thence North 19°45'10"East 109.64 feet upon the Easterly right-of-way line of Tucson-Florence Highwayt(Oracle Road)to the most southerly corner of that right-of-way abandonment parcel described in docket 7660 at Page 1011,records of Pima County,Arizona: Thence North 70°14'50"West 50.00 feet upon the southerly line of said right-of-way abandonment to the most westerly corner of said abandonment,to a line 100.00 feet easterly of parallel with the centerline of said Tucson-Florence Highway: Thence South 19°45'10" West 109.64 feet upon said parallel line; Thence South 70°14'50"East 50.00 feet to the the point of beginning. Said parcel contains 5,482 sq. ft. Signature of Grantor STATE OF: Arizona Acknowledgement of Signature of Notary Public COUNTY OF: Pima This instrument was acknowledged before me this date by the persons Date of this acknowledgement: above subscibed and if subscribe Notary Expiration Date: in a representative capacity then for the principle named and in the capacity indicated. STATE OF: Arizona Acknowledgement of Signature of Notary Public COUNTY OF: Pima This instrument was acknowledged before me this date by the persons Date of this acknowledgement: above subscibed and if subscribe Notary Expiration Date: in a representative capacity then for the principle named and in the capacity indicated. 1/29/96 TOWN OF ORO VALLEY 3 COUNCIL COMMUNICATION MEETING DATE: October 27, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Dennis Silva, Jr., Planner I SUBJECT: OV12-93-13 GOLF VILLAS AT ORO VALLEY (FORMERLY CANADA VERDE APARTMENTS) REVISED DEVELOPMENT PLAN LOCATED EAST OF LA CANADA DRIVE, SOUTH AND ADJACENT TO THE ORO VALLEY TOWN HALL. BACKGROUND: In late 1993, the Mayor and Council, upon recommendation by the DRB, approved a development plan for the above-referenced 281-unit apartment complex. The project is located directly south of the Oro Valley Town Hall, on the east side of La Canada Drive. This request relates to the removal of patio golf course screens, which were previously approved by Town Council in 1994. On May 4th, 1994, the Town Council approved the development plan with the condition that reinforced fiberglass screen enclosures on patios be installed on the balconies buildings that are vulnerable to golf strikes. SUMMARY: The development plan approved in 1994 by Town Council preceded the Golf Course Overlay Zone. However, since the request to remove patio golf course screens is the current issue for the Town Council, the current zoning code is relevant. The golf course overlay zone of the OVZCR requires minimum setbacks between golf courses and residential developments,to create an envelope along the fringe areas. Section 10-503C.1 of the OVZCR states that the setback from the center fairway should be 200 feet. The center tee box setback is 100 feet and the center green setback is 200 feet or 100 feet if the golf hole is 150 yards or less (par threes). Staff went on a site visit with the applicant to observe and measure the distances of the apartment buildings in relation to the golf course. The distances are outlined below which comply with the Golf Course Overlay Zone: • Golf hole number 2, a par 3, measures 129 feet from the center tee box to building 2. The center green distance to building 23 is 180 feet. • Golf hole number 3, a par 4, measures 145 feet from the center tee box to building 26. The center fairway measures 198 feet to building 6 and the center green setbacks were not measured since buildings 7, 11, and 12 are not yet constructed. • Golf hole 16, a par 5, measures 213 feet from the center fairway to building 23. Building 23 is located on the east side of the fairway, but the fairway turns west. Another Golf Course Overlay Zone analysis shall occur upon completion of buildings 7, 11, and 12 (refer to condition#1). The distances from the apartment buildings to the golf course outlined above comply with the golf course -)verlay zone. However, there is still a potential for errant golf ball strikes which could place the Town at risk. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 DEVELOPMENT REVIEW BOARD ACTION: The DRB recommended approval 7-0 on September 8, 1998. In that meeting, Staff clarified that the removal of screens is a development plan revision, not an architectural revision. A revised development plan must be submitted which illustrates the new design. RECOMMENDATIONS: Staff recommends that Town Council condition requiring patio golf course screens be removed since the apartment buildings are at a distance which complies with the Golf Course Overlay Zone setbacks in the OVZCR. SUGGESTED MOTION: I move to approve OV 12-93-13, the Golf Villas at Oro Valley (Formerly Canada Verde Apartments) Revised Development Plan, with those suggested conditions in Exhibit "A", attached herewith. OR I move to approve OV 12-93-13, the Golf Villas at Oro Valley (Formerly Canada Verde Apartments) Revised Development Plan, with those suggested conditions in Exhibit "A", attached herewith, and the following added conditions: OR I move to deny OV12-93-13, the Golf Villas at Oro Valley (Formerly Canada Verde Apartments) Revised Development Plan, finding that: . ATTACHMENTS: 1. Exhibit "A" 2. Revised Development Plan 3. Site Plan illustrating proposed removal of patio screens Grt"L4.-)L PI. in:V d Zoning Administrator IJ e,I I & ' - $ AP r Community De me !i,-ctor atA j 4.1 , , I Town Manager F:\ov\ov12\0V12-93-13\DPTC.RPT TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 3 EXHIBIT "A" CONDITIONS FOR APPROVAL OV12-93-13, GOLF VILLAS AT ORO VALLEY (FORMERLY CANADA VERDE APARTMENTS) REVISED DEVELOPMENT PLAN 1. Another Golf Course Overlay Zone analysis shall occur upon completion of buildings 7, 11, and 12. If these buildings meet the setback requirements, it will be approved administratively by the Planning and Zoning Administrator. 2. 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J` D 1 ,..?, O 0, CD_1 I , / ct �:1 ■■ i II ' 0 cn c i 1 '"11. .-?' ------7--._ ,Q19\ , li .s.=, ___1 11 • ° ET- < ET SQ. _ cp II i 1<4 1 1.1 ' \ \\ \/i•k, °ti.`- i" //,'''' )'/; pS.Si 3 1sx1 IV' i ; T CO 74: '� Sli 3 111 ' y�o \\\ \ ti°oma °moo` �� 3 ; i 3 C -a ! h ;j ly \N\ \ '-'41,,U4)°�///7 �� rn 8' \\'‘‘,\‘ *lbw // ,I ii! ti l 11 ‘.. . II li il el, mumrokam.. , &\\‘ \\\•'... 7,:',F)ll,.. 266t c Z d3S r___ ._ TOWN OF ORO VALLEY 4 COUNCIL COMMUNICATION MEETING DATE: October 27, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Donald L. Chatfield, AICP, Community Development Director SUBJECT: Resolution (R)98-84 - Support of Language in Senate Bill 1127 Relating to the Ability to Adopt Local Amendments to the State Plumbing Code BACKGROUND: Efforts have been underway for some time to establish an Arizona State Plumbing Code and to enact legislation pertaining to its administration. During the drafting of the proposed legislative language, representatives from Pima County and its jurisdictions have played an important role. Chief among the concerns of the Pima County interests is the ability to make local amendments that are appropriate to our region. Specifically, representatives from Pima County have been instrumental in supporting the following language in the legislation: "The [Arizona Uniform Plumbing Code] Commission may adopt amendments to the State Plumbing Code, including amendments previously adopted in geographical regions that are only applicable to designated geographical regions within the state." SUMMARY: Staff believes that it is important to support the efforts of Pima County to protect the ability of our region to establish plumbing code amendments that are applicable to our region. The attached resolution would establish Town of Oro Valley support for the ability to retain this flexibility. Represenatives from our area will be in attendance at the Governor's Regulatory Relief Committee in Phoenix on Tuesday, November 3, 1998. We would like to present the attached resolution as evidence that the Town of Oro Valley finds this provision to be important and desirable. RECOMMENDATION: Staff recommends that the Council adopt Resolution (R)98-84 , making known the Town's desire to include language protecting the ability of the Pima County region to adopt amendments to the State Uniform Plumbing Code. SUGGESTED MOTION: I MOVE to APPROVE Resolution (R)98-84 , endorsing the attached language in proposed Senate Bill 1127, which establishs the ability to adopt regional amendments to the State Uniform Plumbing Code. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 ATTACHMENT: 1. Resolution (R)98-84 2. Senate Bill 1127 1 if . I, 1 . a , !0 11 1 Ill'ig: ' o nity De f pm=IY • jie ai ' Town Manager F:\INDIVID\DLC\COMM_DEV\plumbing.tcc RESOLUTION NO. (R)98-84 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, ENDORSING PROPOSED LANGUAGE IN ARIZONA SENATE BILL 1127, ESTABLISHING THE ABILITY OF THE STATE PLUMBING COMMISSION TO INCLUDE REGIONAL AMENDMENTS TO THE STATE PLUMBING CODE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: WHEREAS, it is necessary for the preservation of the peace, health and safety of the Town of Oro Valley, Arizona, an emergency is declared to exist, and this resolution shall be effective immediately upon its passage and adoption; and WHEREAS, the Town of Oro Valley recognizes the importance of quality plumbing materials and construction practices in all new and existing structures; and WHEREAS, the Town of Oro Valley desires to work with local jurisdictions to determine the most appropriate materials and construction practices related to plumbing installations; and WHEREAS, the Town of Oro Valley believes that it is important for the Arizona Uniform Plumbing Code Commission to have the ability to adopt amendments to the State Plumbing Code, including amendments previously adopted in geographical regions that are only applicable to designated geographical regions, WE HEREBY ENDORSE the language in Section 4, Title 41, Chapter 3, Article 11, 41-619D, as contained in Senate Bill 1127, which affords such powers to the Arizona Uniform Plumbing Code Commission. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 27th day of October, 1998. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney Senate Engrossed State of Arizona FILED Senate Forty-third Legislature First Regular Session Jane Dee Hull 1997 Secretary of State CHAPTER 112 SENATE BILL 1127 AN ACT AMENDING SECTIONS 9-601 AND 11 -661 . ARIZONA REVISED STATUTES: AMENDING _ iITiLt 9. CHAPTER 7. ARTICLE 1 . ARIZONA REVISED STATUTES. BY ADDING SECTION 9-805 ; AMENDjNG TITLE 41 . CHAPTER 3 . ARIZONA REVISED STATUTES . BY ADDING ARTICLE II ; AMENDING TITLE 41 . CHAPTER 27 . ARTICLE 2. ARIZONA REVISED STATUTES . E.Y ADDING L SECTION 41-3007 .41 : RELATING TO THE STATE PLUMBING CODE. 1 Be it enacted by the Legislature of the State of Arizona: 2 Section 1 . Section 9-801 . Arizona Revised Statutes amended � .. die,, ..._V to read: 4 9-801 . 9pfini;ions 5 In this article. unless the context otherwise requires : 6 1 . "Code" means a published compilation of rules cr regulations and includes c , u d e s 7 prepared by a technical trade association- 8 --e any building code. _ . electrical wiring code, health� th or S sanitation code, fire prevention code. inflammable liquids code , code for slaughtering. processing and selling meat and meat products or for 11 production. pasteurizing and sale of milk and milkducts ro , or p other 12 code which embraces rules and regulations pertinent to a w h 13 prOCer subject of municipal legislation. 14 2 . " 1 a Municipali ;y" means a city or town organized in ac`oroance with law, including a home rule or charter City. 16 3. "Public record" includes a statut rule ' zticr of 17 United to `s , this state or the municipality which i s desire'' t V �v Vr v r..1.I✓ .. J reference• -_v v 1 4. "Published" means printed. lithographed, mul ti graphed, mimeographed 2 or otherwise reproduced. 3 5. "STATE PLUMBING CODE" MEANS THE CODE ADOPTED BY THE ARIZONA UNIFORM 4 PLUMBING CODE COMMISSION. 5 Sec . 2. Title 9 , chapter 7 . article 1 . Arizona Revised Statutes . ► s 6 amended by adding section 9-805 , to read: 7 9-805. State uniform Qlumbino code 8 A. NOTWITHSTANDING ANY LAW TO THE CONTRARY , A MUNICIPALITY SHALL NOT 9 ADOPT A PLUMBING CODE OTHER THAN THE STATE PLUMBING CODE. 10 B. A MUNICIPALITY MAY GRANT A VARIANCE FROM THE STATE PLUMBING CODE 11 PURSUANT TO SECTION 41-619. 12 Sec. 3. Section 11-861, Arizona Revised Statutes , is amended to read: 13 11-861. Adoption of codes by reference i limitations : method of 14 adootion 15 A. In any county which has adopted zoning pursuant to this chapter, 16 the board of supervisors may adopt and enforce, for the unincorporated areas 17 of the county so zoned. a building code and other related codes to regulate 18 the quality, type of material and workmanship of all aspects of construction 19 of buildings or structures , except that the board may authorize that areas 20 zoned rural or unclassified may be exempt from the provisions of the code 21 adopted . Such codes may be adopted by reference after notice and hearings 22 before the county planning and zoning commission and board of supervisors as • 23 provided in this chapter for amendments to the zoning ordinance of the 24 county. B . The board of supervisors may adopt a fire prevention code in the 25 unincorporated areas of the county in which a fire district has rot adooted 27 the uniform fire code pursuant to section 48-805. Any fire code adopted by 25 a board of supervisors pursuant to this subsection shall remain in effect 29 until a fire district is established and adopts a code applicable within the 30 boundaries of the district. 31 C. For the purpose of this article, codes authorized by the provisions 32 of this section shall be limited to the following: 311 . Any building , electrical or mechanical code THA T 34 has been promulgated by any national organization or association k THAT 35 is organized and conducted for the purpose of developing -s-t codes or - - 36 THAT has been adopted by the largest city ►n that county. If the board of 37 supervisors adopts a city code; it shall adopt , within ninety days after 38 receiving a written notification of a change to the city code, the same 39 change or shall terminate the adopted city code. 40 2. Any fire prevention code that has been adopted by a national 41 organization or association organized cr conducted for the purpose of 42 developing fire prevention codes and that is as stringent as the state fir` 43 code adopted pursuant to section 41-2146. S.B. 1127 _) I Sec. 4. Title 41, chapter 3 , Arizona Revised Statutes . is arnenaed by 2 adding article 11. to read: v ARTICLE 11. ARIZONA UNIFORM PLUMBING CODE COMMISSION 4 41-619. Ari s. i "orm olum.ino ode comni i n 5 A. THE ARIZONA UNIFORM PLUMBING CODE COMMISSION IS ESTABLISHED 6 CONSISTING OF THE REGISTRAR OF CONTRACTORS OR THE REGISTRAR'S DESIGNEE AND 7 SIXTEEN MEMBERS APPOINTED FOR THREE YEAR TERMS BY THE GOVERNOR. MEMBERSHIP 8 OF THE COMMISSION CONSISTS OF: 9 1 . FOUR PLUMBING CONTRACTORS WHO ARE LICENSED PURSUANT TO TITLE 32 , 10 CHAPTER 10, ARTICLE 2. NO MORE THAN TWO OF WHOM HOLD EXCLUSIVELY RESIDENTIAL 11 LICENSES. 12 2. TWO MECHANICAL ENGINEERS WHO ARE REGISTERED PURSUANT TO TITLE '42 , 13 CHAPTER 1 AND WHO PRACTICE IN PLUMBING. 14 3. ONE ARCHITECT WHO IS REGISTERED PURSUANT TO TITLE 32 . CHAPTER 1 . 15 4. FOUR CERTIFIED MUNICIPAL PLUMBING INSPECTORS WHO REPRESENT THE 16 SOUTHERN . CENTRAL AND NORTHERN REGIONS OF THIS STATE, ONE OF WHOM SHALL BE 17 A REPRESENTATIVE OF A COUNTY GOVERNMENT. 19 5. THREE MEMBERS OF THE GENERAL PUBLIC WHO HAVE NO OCCUPATIONAL OR 19 PROFESSIONAL CONNECTION TO CITY, TOWN OR COUNTY GOVERNMENTS OR TO THE 20 PLUMBING INDUSTRY, ONE OF WHOM SHALL HAVE AT LEAST TWO YEARS OF EXPERIENCE 21 14 T H.E APPLICATION AND USE OF NATURAL GAS. 22 • 6. ONE MEMBER WHO SHALL REPRESENT THE PIPING INDUSTRY PROGRESS AND 22 EDUCATION TRUST. 24 7 . ONE MEMBER WHO SHALL REPRESENT THE UTILITY AND SEWER WORKERS. 25 B. THE ARIZONA UNIFORM PLUMBING CODE COMMISSION SHALL: 26 1 . ELECT A CHAIRPERSON FROM AMONG ITS MEMBERS. 27 2. MEET AT LEAST ONCE EACH YEAR AND AT ADDITIONAL TIMES ON THE CALL 28 OF THE' CHAI RPERSON OR A MAJORITY OF ITS MEMBERS. 29 i 3. ADOPT. BY RULE, A STATE PLUMBING CODE BY MAY 1. 1998. THE PLUMEI NG 30 CODE ADOPTED SHALL BE BASED ON A PLUMBING CODE PROMULGATED BY A NATIONAL 31 ORGANIZATION OR ASSOCIATION THAT IS ORGANIZED FOR THE PURPOSE OF DEVELOPING 32 PLUMBING STANDARDS. THE STATE PLUMBING CODE SHALL NOT CONTAIN ANY PROVISON 33 PERTAINING TO LICENSING. AND ANY PROVISION OF THE UNIFORM PLUMBING CODE THAT 34 MAY BE ADOPTED AS THE STATE PLUMBING CODE THAT PERTAINS TO LICENSING SHALL 35 NOT APPLY . 36 4. ADOPT PERIODIC AMENDMENTS TO THE STATE PLUMBING CODE. 37 C. A CITY , TOWN OR COUNTY MAY GRANT VARIANCES TO THE STATE P LUME I NG 38 CODE ON AN INDIVIDUAL PROJECT BASIS. 3: D. THE COMMISSION MAY ADOPT AMENDMENTS TO THE STATE PLUMBING CODE. 40 INCLUDING AMENDMENTS PREVIOUSLY ADOPTED IN GEOGRAPHICAL REGIONS TriAT ARE ONLY APPLICABLE TO DESIGNATED GEOGRAPHICAL REGIONS WITHIN THE STATE. 42 E . MEMBERS OF THE ARIZONA UNIFORM PLUMBING CODE COMMISSION ARE NCT 43 ELIGIBLE FOR COMPENSATION OR REIMBURSEMENT OF EXPENSES. • F. THE ARIZONA UNIFORM PLUMBING CODE COMMISSION IS SUBJECT TO THE 2 REQUIREMENTS OF CHAPTER 6 OF THIS TITLE. 3 G. THE REGISTRAR OF CONTRACTORS SHALL PROVIDE MEETING SPACE FOR THE 4 ARIZONA UNIFORM PLUMBING CODE COMMISSION TO CONDUCT ITS MEETINGS. S Sec. 5. Title 41, chapter 27, article 2. Arizona Revised Statutes , is 6 amended by adding section 41-3007.01 . to read: 7 I 41-3007 .01.•' All_zona uniform pl umbi nc code. gommi s i on; 8 termi pati on Jail v 1 L 2007 9 A. THE ARIZONA UNIFORM PLUMBING CODE COMMISSION TERMINATES ON JULY 1 . 10 2007. 11 B. TiTLE 41 . CHAPTER 3. ARTICLE 11 IS REPEALED ON JANUARY 1 , 2008. 12 Sec. 6 . Purpose 13 The purpose of the Arizona uniform plumbing code commission is to 14 promote statewide, uniform plumbing standards . 15 Sec. 7 . Ado ti n .f h- • rizona unif•r lumbina code by 16 munici4a1ities and counties, 17 A. All municipalities and counties in this state shall adopt by 18 ordinance the state plumbing code by August 1 , 1998. Any subsequent 19 amendments to the state plumbing code adopted by the Arizona uniform plumbing 20 code commission pursuant to section 41-619, Arizona Revised Statutes , shall 21 be adopted by all municipalities and counties within six months after the 22 commission ' s adoption. 23 8. The initial state plumbing code adopted by the Arizona uniform 24 plumbing code commission shall be based on the 1994 uniform plumbing code and 25 its appendices and installation standards , promulgated by the international 25 association of plumbing and mechanical officials. 27 Sec. 8. Initial terms of members Qf the Arizona uniform 26 Dlumbinv code commission 29 A. Notwithstanding section 41-619. Arizona Revised Statutes . as added 30this s act. the initial i ti a i terms of the members of the Arizona zona uni foriT y plumbing 31 code commission are: J2 1 . Six terms ending on January 18, 1999. J3 2 . Five terms ending on January 17 . 2000. 34 3. Five terms ending on January 15 . 2001. 35 6 . The governor shall appoint the members of the Arizona uniform 36 plumbing code commission by October 31. 1997 . 37 C. The governor shall make all subsequent appointments as prescribed 38 by statute. Y THE GOVERNOR APRIL 18 , 1997 . FILED IN THE O:: OF THE SECRETARY OF STAT �R 7 . - TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: 10/27/98 TO: HONORABLE MAYOR AND COUNCIL FROM: Tobin Sidles, Town Attorney SUBJECT: Resolution No. (R) 98-85 , Sale of Jones Communications of Arizona, Franchise agreement approval. SUMMARY: As many Council members are aware from past requests,our franchise agreement requires that Jones Communications of Arizona seek and obtain Town approval whenever there is a sale of the company or assets that would involve the Town citizens.The Comcast Corporation,which is the nations fourth largest cable operator,has agreed to obtain controlling interest of Jones Intercable,Inc.,. Jones Communications of Arizona holds the Oro Valley cable franchise and is a subsidiary of Jones Intercable,Inc.Therefore our permission is necessary.Attached please find a letter dated October 1,1998 addressed to the Council.I have a copy of the Comcast agreement to buy Jones Intercable,Inc. in my office should anyone wish to review it.It does comprise most of a notebook so I have not reproduced it in its entirety for this meeting.However,it is available at the office of the Town Clerk for public inspection. ATTACHMENTS: 1) Letter dated October 1, 1998 from Jones Intercable. 2) Resolution No.(R)98-85 FISCAL IMPACT: None to the Town.Our agreement will remain in effect. RECOMMENDATIONS: Acceptance is recommended. SUGGESTED MOTION: I move that we accept Resolution No.(R)98-85 or I move that we deny Resolution No.(R)98- 85 Signa . e of Depart i ent Head • Town Manager' 'eview RESOLUTION NO. 9 _85 RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA APPROVING THE TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISE WHEREAS, Jones Communications of Arizona ("Grantee") owns, operates and maintains a cable television system (the "System") in the Town of Oro Valley, Arizona ("Grantor") pursuant to a Franchise Agreement dated May 21, 1997 between Grantor and Grantee (the "Franchise"), and Grantee is the duly authorized holder of the Franchise; and WHEREAS, Jones Intercable, Inc. ("Intercable") is the parent of Grantee; and WHEREAS, Jones International, Ltd. and certain of its affiliates (the "Jones Entities") currently own, directly or indirectly, more than 50% of the Common Stock of Intercable (the "Control Shares") and, consequently, are entitled, in the aggregate, to elect 75% of the Board of Directors of Intercable; and WHEREAS, on August 12, 1998, the Jones Entities entered into an Agreement with Comcast Corporation ("Comcast") to sell the Control Shares to Comcast (the "Jones/Comcast Agreement"); and WHEREAS, pursuant to the Jones/Comcast Agreement, Grantor has received a request to approve the change of control of Grantee from the Jones Entities to Comcast and, subsequently, to its wholly-owned subsidiary, Comcast Cable Communications, Inc. (together, the "Change of Control"); and WHEREAS, upon the Change of Control, Grantee will continue to be bound by the terms of the Franchise. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Town Council of the Town of Oro Valley, Arizona that: SECTION 1. Grantor consents and approves of the Change of Control. SECTION 2. Grantor confirms that the Franchise is in full force and effect, and Grantor is aware of no circumstances or conduct by Grantee as of the date hereof which would constitute a default by Grantee of its obligations under the Franchise. SECTION 3. The consent granted herein shall be effective only upon the Change of Control, and Comcast shall notify Grantee promptly upon the Change of Control. PASSED, ADOPTED AND APPROVED this 7 relay of October , 1998 . TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA By: Title: ATTEST: Clerk APPROVED AS TO FORM: ATTORNEY INTERjoNEs... CABLE October 1, 1998 To the Mayor and Town Council of the Town of Oro Valley Ladies and Gentlemen: We are pleased to use this opportunity to let you know about an exciting development for Jones Intercable, Inc., and to submit to you the enclosed documentation in connection with the transaction described in this letter for which we need your consent. The Intercable/Comcast Transaction As you know, Jones Communications of Arizona, Inc. ("JCA"), a subsidiary of Jones Intercable, Inc. ("Intercable"), is the current holder of your community's cable television franchise. Jones International, Ltd. and certain of its affiliates (the "Jones Entities") currently own, directly or indirectly, more than 50% of the Common Stock of Intercable (the "Control Shares") and, consequently, are entitled, in the aggregate, to elect 75% of the Board of Directors of Intercable. On August 12, 1998, the Jones Entities entered into an Agreement with Comcast Corporation ("Comcast") to sell the Control Shares to Comcast (the "Jones/Comcast Agreement"). Comcast is the country's fourth largest cable operator, serving approximately 4.5 million subscribers. Additional information about Comcast is provided in the Form 394 described below. At Closing, Comcast intends to contribute the Control shares to its wholly-owned subsidiary, Comcast Cable Communications, Inc., which is the parent company of Comcast's Cable Division. Intercable is very =xcited_abc-'t they:LEbns l� tion w,rh Comcast, and we hope that you 'All agrce a:.rt the tr.� s:::�;tior�. wi '. h n�: ., Joi. fc(:nw nunity. The resources and cxptriencc. of CoL cast -nsur s.':. :ttAtercet, have the resources necessary to meet the c' rnands of the futi-re RequirertI Under Your co*muni; ' Franchise. JCA's frafrhis.e with yc t u conit unity provides 'hat the sale of the Control Sh:& ;-:s to Comc t tz. .tes yoa. ca iscnt. Accordir ).y, by this letter and the Abp'.x c .on ink: <1. in this pa.;:'.:2-,:tt, described below, :t- are respectfully requesting that consent. For y r ur convenience, we are enclosip_g proposed form of Resolution which you mal 1::c to grant s:1.: ` t;r.,t, or v, as a moi a<.l. To the extent that you desire JONES INTERCABLE, INC. 9697 EAST MINERAL AVENUE, P.O. BOX 3309, ENGLEWOOD, COLORADO B0155-3309 TEL 303.7g2.31 1 1 Mayor and Town Council of the Town of Oro Valley October 1, 1998 Page 2 to change the form resolution--and we understand and appreciate that you might--we would appreciate being involved in that process to ensure that the final language of the resolution you adopt will meet the requirements of the Jones/Comcast Agreement. Requirements of the Federal Communications Commission. To the extent that a franchise requires a community's consent to the transfer of control of a franchisee, the Federal Communications Commission has promulgated rules which permit the transferor and transferee to file with the local franchising authority a completed Form 394, which is titled "Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise." The Form 394 was prescribed by the FCC, and although it is not lengthy itself, it requires that numerous exhibits be attached to it, and that we file with you one original form with exhibits, plus two full copies of the form and its exhibits. As a result, the package you are receiving from us is unusually unwieldy, and we apologize for that--if there had been a way to have reduced the bulk, we would have done so. As you will see, the Exhibits to the Form 394 include a copy of the Jones/Comcast Agreement, financial statements of Comcast, and a description of Comcast's experience in the telecommunications industry. If after reviewing the Form and its Exhibits, you would like additional information about Comcast or the transaction, please let us know. The Form and the FCC rules provide that if your community does not act upon the Application within 120 days after receiving it, the request for consent will be deemed granted. In any event, we hope that your calendar would permit you to act on the resolution within the next 45 to 60 days. We hope you will find the prospect of the transactions described in this letter as promising as we do. Please keep in mind that even after the transaction is completed, the franchise will continue to be held by JCA, and that JCA will continue to be bound by its terms. The only change will be that Intercable will have a new controlling shareholder. We look forward to our continuing relationship and continued service of the residents of your community. We would be happy to meet with you to discuss the proposed transfer in more detail and to answer any questions you may have. You should also feel free to contact me at (303) 792-3111 or Kenna Smith, our local general manager, at (520) 744-2653, as well as Sheila Willard of Comcast, at (215) 981-7619. Very truly yours, Katherine A. LeVoy Counsel (38169/kal) TOWN OF ORO VALLEY 6 COUNCIL COMMUNICATION MEETING DATE: October 27, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: John Zukas, Transit Services Administrator Resolution No. (R)98-86 SUBJ: Additional Funding for Transit/Transportation via House Bill 2565 SUMMARY: Currently, the Town of Oro Valley utilizes their share of the Local Transportation Assistance Funds (LTAF) to provide transit services to their residents. Funds for LTAF are collected through revenue generated from multi-state, on-line and Scratchers games, as well as Powerball revenues. Both the City of Tucson subsidy for SunTran and funding for Oro Valley's Elderly and Disabled Transit Service - Coyote Run are supported by this funding source. Recently, an additional funding source for transit has been approved via HB 2565. This bill provides additional funding for transit via the Arizona Department of Transportation's (ADOT)vehicle license tax. Via this grant, the Town of Oro Valley is expected to receive $33,680 for fiscal year 1998/99. Due to the delay in approval of the grant, appropriations will not start until early January 1999. This is a matching grant and the Town will be responsible for certifying annually that the match has been or is being expended on the proposed project(s). The matching ratio for the Town/ADOT is 20/80. Thererfore, the Town must have appropriate funds available that has been or is being expended on the proposed projects in the amount of 25%of$33,680=$8,420. Proposed projects are as follows: 1) Transit Plan- "Transit Services -Element to the General Plan" 2) Funding for 1998 Capital Grant - Section 5310 (Elderly & Persons with Disabilities Transportation Program 3) Contingency Plan-ADA Improvement to Bus/Bike Shelter(located at Oracle& 1st Ave.) 4) Upgrade existing signage to existing"express route", along Oracle Rd. Applications for this grant are due to Pima Association of Governments (PAG) by November 13, 1998. FISCAL IMPACT: No General Fund money is anticipated to be utilized for transit programs at this time. RECOMMENDATIONS: Staff recommends that the Oro Valley Town Council approve the submittal of the application of the HB 2565 grant, with the understanding that the Town will be responsible for certifying annually that the match has been or is being expended on the proposed project(s). TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTION: I move that we approve Resolution (R)98- 86 thus approving the submittal of the application of the HB 2565 grant, with the understanding that the Town will be responsible for certifying annually that the match has been or is being expended on the proposed project(s). OR I move that we deny Resolution(R)98-86 thus denying the approval of the submittal of the application of the HB 2565 grant. ATTACHMENTS: 1.Resolution(R)98-86 2. HB 2565 Summary Lhif 0-, Transit erv. Administrator l j 1/ A 1 I% '1 0 0 et i 4 ' 0 l'ii•••V 00 • I unity e AT v•pmerit Director 40, I. 4 / Town Manager RESOLUTION NO. (R)98-86 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, DECLAIRING THE APPROVAL OF THE APPLICATION FOR ADDITIONAL FUNDING FOR TRANSIT/TRANSPORTATION VIA HOUSE BILL 2565 WHEREAS, the Town of Oro Valley is eligible for additional funding via House Bill 2565 for transit and/or transportation purposes. NOW, THEREFORE, BE IT RESOLVED that the Town of Oro Valley hereby: 1) Approves the filing of an application for additional funding for transit and/or transportation purposes; 2) Certifies that the Town will comply with all appropriate state and federal regulations, policies, guidelines, and requirements as they relate to the application; 3) Certifies that the Town has matching funds necessary in the amount of 25% of the total grant monies; 4) Certifies that the Town agrees that it is subject to a timely annual independent audit performed by a certified public accountant, and shall have such independent certified public accountant certify that expenditures are made as prescribed by ARS 28-8103 by August 1. PASSED AND ADOPTED AND APPROVED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 27th day ofoctober, 1998. TOWN OF ORO VALLEY, ARIZONA Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney RB 2565 Summary: Arizona Transit Bill AzTA supported IIB 2565 is landmark legislation. In its simplest terms, the bill provides funding for transit and transportation projects by allocating a portion of ADOT's share of the vehicle license tax (VLT) revenues to the Local Transportation Assistance Fund (LTAF) for distribution to cities, towns and counties in the form of matching grants. The following summary highlights the important provisions of the bill, its administration and some things you should know. 1. Effective Date — The bill has an effective date of August 21, 1998 with a five year end date of September 30, 2003. 2. LTAF — ADOT will deposit VLT monies into the LTAF account that was established for multistate and bingo lottery proceeds. The total amount that can be accumulated in this LTAF account cannot exceed $18 million a year. 3. VLT Estimates —The following are estimates amount of VLT proceeds: Vehicle License Tax 1999 $8,142,000 2000 $8,838,000 2001 $9,589,000 2002 $10,386,000 2003 $11,285,000 Note: Due to the August 21, 1998 effective date of the bill, VLT monies will not flow into the LTAF until September 1998. As a result, in FY 1999 only 516th of the estimated funds can be deposited into LTAF. Because of the September 30, 2003 end date for the bill, this year's 116th shortfall will be made up July and August of 2003. 4. Allocation of Funds — Each year, based on DES population estimates, ADOT will allocate to each city, town and county their proportionate share of the LTAF funds available from VLT deposits and the sale of multistate and bingo lottery tickets. 5. Distribution of Funds — For all jurisdictions in Maricopa County, ADOT will distribute LTAF funds to RPTA's Public Transportation Fund. For all jurisdictions in Pima County, ADOT will distribute LTAF funds to the Pima Association of Governments. For all other cities, towns, and counties ADOT will retain the administration of LTAF funds. 6. Grants to Cities, Towns and Counties —LTAF monies can only be distributed as a matching grant. Each year the RPTA, PAG or ADOT will notify cities, towns and counties of the maximum grants available to them. In addition, each year the cities, towns and counties may submit proposals to RPTA, PAG or ADOT requesting some or all of the matching grant monies available to them. 7. Local Matching Grant Requirements — The local matching grant requirement for cities, and counties (unincorporated area only) over 50,000 in population is a one-to-one match. For all other cities, towns and counties (unincorporated area only) under 50,000 population, a one-fourth local match is required. 8. Use of Grant— Grant monies distributed to Maricopa county or to cities or town in Maricopa county that have a population of 50,000 or more may only be used for public transit purposes, including operating and capital purposes, that are determined by the RPTA to conform with the long-range transportation plan or regional transportation plan. Grant monies distributed to any other city, town or county can be used for transportation purposes that are determined by an MPO or ADOT to conform to the long-range or regional transportation plan. 9. Match Certification — Because there is a requirement for a local match, RPTA and PAG must certify to ADOT that local monies have been spent or are in the process of being spent before monies can be distributed by ADOT to RPTA or PAG. For all other cities, town and counties under 500,000 population, ADOT would certify that local funds have been spent or are in the process of being spent for the local match. Things You Need to Know 1. Funding under this program is on a year by year basis. Each city, town or county must annually apply for these matching grants. 2. Any money not applied for in a fiscal year will be returned to the LTAF fund for distribution the following year. In short, if a city, town or county does not apply for a matching grant, funding for that year is gone. 3. Grants under this program can be used as a local match to leverage federal funds. 4. To determine the grant available to a city, town or county under HB 2565 bill, the formula to calculate local grant for 1999 is as follows: • Local population divided by 4,600,275 X $8,142,000 X .83333 =Local Grant (counties use unincorporated population) Note: The .83333 in this formula is to factor in the 1/6 shortfall in 1999. 5. As introduced HB 2565 was intended to be a funding bill for public transit. In the last days of the Session, it was subsequently amended to allow cities, towns and counties outside Maricopa county to use these funds either for transit or transportation projects. AzTA strongly encourages cities, towns, and counties to consider using grants to initiate or expand local transit projects and programs. Why? This is the first time the State Legislature has been willing to consider statewide funding for transit. Each year the Legislature will be reviewing the specific uses of this legislation by local governments. The best reason for the Legislature to continue funding this program is that it meets the mobility needs of local communities. TOWN OF ORO VALLEY 7 COUNCIL COMMUNICATION MEETING DATE: October 27, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: John Zukas, Transit Services Administrator Resolution NO. (R)98-87 SUBJECT: Approval of Parsons-Brinkerhoff as consultant for the Town's "Transit Services - Element of the General Plan". SUMMARY: On June 3, 1998 at the Oro Valley Town Council Meeting, Town Council directed staff to look into various options of transit services (specifically mass transit and paratransit) for Oro Valley residents. For fiscal year 1998/99 staff had budgeted $25,000 (split between the budget of the Planning & Zoning Division and the Transit Services Division), for a "transit plan". On August 18, 1998 Request for Proposals were sent to various consultants and advertised in the local media. Proposals were due September 18, 1998. During this time two consultants submitted proposals, ENTRANCO and Parsons-Brinkerhoff. Even though both consultants' proposals were closer to $50,000, both were invited for interviews on October 6, 1998. The selection panel, made up of: Don Chatfield - Community Development Director, John Zukas - Transit Services Administrator, Jim Copus - Senior Planner (Advanced Planning), and Bill Partridge - Planning and Zoning Committee Member, unanimously made the decision to retain Parsons-Brinkerhoff as the consultant in charge of the "Transit Services - Element of the General Plan". Due to the fact that a new funding source HB 2565 has been implemented, staff would recommend using part of the funding from HB 2565 to absorb the additional amount needed to utilize Parsons-Brinkerhoff as the consultant for the Town's "transit plan". GENERAL PLAN COMPLIANCE: The "transit plan", more formally know as the "Transit Services - Element of the General Plan", will be utilized as a guide for transit services townwide, as well as implement an additional element to the Town's General Plan. Currently, Transit is under the element Transportation in the Town's General Plan. FISCAL IMPACT: If authorized by the Mayor and Council, funding from HB 2565 will be utilized in the approximate amount of$22,700. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATIONS: Staff recommends the approval of Parsons-Brinkerhoff as consultant for the Town's "Transit Services Element of the General Plan". Staff also recommends the utilization of funding in the approximate amount of $22,700 from HB 2565 to be used for this project. SUGGESTED MOTION: I make a motion to approve Resolution(R)98-87 thus approving Parsons-Brinkerhoff as consultant for the Town's "Transit Services - Element of the General Plan" using the budget allocation of $25,000, and $22,700 contingent upon receipt of funding from House Bill 2565. OR I make a motion not to approve Resolution (R)98-87 thus not approving Parsons-Brinkerhoff as consultant for the Town's "Transit Services - Element of the General Plan" using the budget allocation of $25,000, and $22,700 contingent upon receipt of funding from House Bill 2565. ATTACHMENTS: 1. Resolution No. (R)98- 87 2.Request for proposals - Transit Services - Element of the General Plan / ij ' C/ T sit Se ices istrator 1 ,,,L,d)J_ •� • il fes'—� .. Ito I ,nity Diev- ••ment I irec'or V fd '40 Town Mana:-r RESOLUTION NO. (R)98-87 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING APPROVAL OF PARSONS-BRINKERHOFF AS CONSULTANT FOR THE TOWN'S "TRANSIT SERVICES - ELEMENT OF THE GENERAL PLAN". BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY: That certain document known as "Transit Services - Element of the General Plan", will be developed and used as a guide for future transit services. Whereas, Parsons-Brinkerhoff will be the consultant responsible for development of such plan; and NOW, THEREFORE, BE IT RESOLVED: That the Oro Valley Town Council does approve Parsons-Brinkerhoff as consultant for the Town's "Transit Services - Element of the General Plan" PASSED AND ADOPTED AND APPROVED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 27th day of October 1998. TOWN OF ORO VALLEY, ARIZONA Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney TOWN OF ORO VALLEY, ARIZONA TRANSIT SERVICES - ELEMENT OF THE GENERAL PLAN REQUEST FOR PROPOSALS 8/18/98 A. Introduction: 1. Title: This project shall be know as "Transit Services - Element of the General Plan" 2. Definitions: a. Transit Services - A division of the Community Development Department. The Transit Services Division is responsible for mass transit and paratransit services within the Town of Oro Valley. For the purpose of this plan, transit services will refer to mass transit and paratransit. b. Element of the Town's General Plan - The Town's General Plan, "Focus 2020", currently has ten elements. Each element is organized into the following sections: 1) Element Statement, 2) Existing Conditions, 3) Issue Identification, 4) Policies and Recommendations, 5) Strategic Implementation. It is the purpose of this Request for Proposal to implement an additional element "Transit Services". 3. Goals: The goals of this project are to achieve the following: a. Develop a comprehensive plan for the Town of Oro Valley, which will serve as guide for the efficient and equitable provision of transit services town-wide. The plan shall provide for implementation of recommended policy, appropriate standards of services, general criteria for implementation of transit services and funding options. b. Develop a strong cooperative effort between the Town of Oro Valley and the community for the purposes of addressing the community's current and projected transit services needs in a responsive and equitable manner. 2 4. Background: a. Mass Transit: In the past (July 1994 through March 1997), the Town of Oro Valley has fully subsidized the City of Tucson for SunTran service (within Oro Valley) via an Intergovernmental Agreement. This Intergovernmental Agreement provided the Town of Oro Valley with 7.5 round trips per weekday. This route is considered an "express" route and is along Oracle Road from Magee Road to AlliedSignal Inc. From the period of March 1997 to June 1998 the Town had a contract with AlliedSignal Inc. for mass transit to the Town of Oro Valley. The contract subsidized five round trips to the City of Tucson. AlliedSignal subsidized 60% of the total cost, while the Town subsidized the remaining 40% of the total cost. Currently, the Town of Oro Valley has an Intergovernmental Agreement with the City of Tucson for two round trips per weekday. Pima County has a similar Intergovernmental Agreement for the same route and subsidizes three round trips per day. Therefore, there are five round trips per weekday to and from Oro Valley along Oracle Road. The subsidy to the City of Tucson is provided by the Town's share of Local Transportation Assistance Funds (LTAF). b. Paratransit: On July 24, 1995 a presentation was made to the Town Council of the Town of Oro Valley, Arizona, regarding the need of transportation service for Oro Valley residents with special needs. As a result of this presentation, a committee was formed to work with staff and come up with a plan. 3 Before establishing their own transportation service, the Town of Oro Valley contracted with VanTran, the City of Tucson's paratransit provider. VanTran provided transportation to the ADA population up to 3/4 of a mile along an express bus route. After further evaluation by the committee and staff, it was decided to establish a Town owned transportation service, not only for those who qualified under ADA but also for the transportation dependent elderly residents of the Town of Oro Valley. Many hours of research on the part of Town staff, volunteer residents of the Town as well personnel from the City of Tucson and Pima County went in to the endeavor of starting a transit service. On October 1, 1996 the Town of Oro Valley, Arizona, implemented a transportation service named "Coyote Run". A full time Transportation Coordinator was hired. At that time all other office personnel and drivers were volunteers. Two full sized Ford vans were purchased. Both vans were equipped to carry four seated passengers and two passengers in mobility aids (wheelchairs & scooters). During the first month of service, Coyote Run had approximately 55 eligible riders and was providing approximately 3-4 trips per day. Coyote Run provides door-to-door transportation to Oro Valley residents who are 62 years of age and older, who are transportation dependent and/or residents eligible under the Americans with Disabilities Act. Eligible riders may make a number of different types of trip requests but the majority of our transportation is to medical and social service appointments. Due to the rising population of elderly in the Town of Oro Valley, the number of eligible riders will increase. Currently, those residents age 60+ in Oro Valley make up to 30% of the Town's population. Although all of the residents who are 60+ may not be eligible riders, the number of eligible riders will increase in time. The general population is expected to increase over 7% in the year 1997/98. This does not include the possible annexation of property, which would also increase the population of Oro Valley and possibly the number of Coyote Run riders. 4 Coyote Run is currently funded by the Town's share of Local Transportation Assistance Funds (LTAF). Coyote Run is also a participant in the Arizona Department of Transportation's Section 5310 (Elderly & Person's with Disabilities Transportation Program). The Town has been selected to be a 1998 Section 5310 provider and has been a Section 5310 provider since 1997. As of February 1998 Coyote Run has over 210 eligible riders and makes approximately 19-30 trips per day. Due to in increased demand, Coyote Run has hired one full time driver and two part time drivers. All office staff, with the exception of the Transit Services Administrator are volunteers. The Town of Oro Valley has received a considerable amount of local recognition for their valiant effort in being proactive toward the transit needs of the elderly and disabled of their community. The Town is honored to be a participant in the 1997 and 1998 Section 5310 program. The Elderly and Persons with Disabilities Transportation Program will enable the Town of Oro Valley - Coyote Run the ability to continue to provide safe, efficient and dependable transportation to Oro Valley's elderly and disabled residents. 5 B. Basic Project Requirements: 1. Study Area: The proposed study area for this project includes all the area shown within the attached map (Exhibit 1). While the Town is cognizant that transit services will be provided beyond these boundaries, the Town desires to identify transit needs within these discrete boundaries. 2. Objectives: a. Identify and clearly establish the project's goals and objectives. Describe the process to be used and the timetable to be followed to achieve these project goal and objectives. b. Conduct an objective and thorough investigation of all relevant information to this project to discover the pertinent facts and their correct interpretation. c. Conduct a resident opinion survey to analyze townwide need and demand, current transit service usage and the willingness of the community to support existing and proposed levels of service. d. Organize and process the data collected into a logical, consistent package. This will include an in-depth analysis of the data to establish townwide transit service need, demand, current usage, accessibility and outlay. e. Develop and implement an extensive public notification plan to insure townwide community participation through active citizen involvement. f. Develop a comprehensive plan which will serve as a guide for the efficient and equitable provision of transit services townwide. g. Summarize the plan into a format suitable for adoption as an element of the Town of Oro Valley's General Plan - Focus 2020. 3. Budget: The Town of Oro Valley estimates a total project budget of $25,000 at this time. 4. Timeframe: The Town of Oro Valley expects to complete this project within six (6) to eight (8) months. 6 C. Special Considerations: a. Levels of service versus funds available. b. Define scope of services (mass transit verse paratransit). D. Tasks: The Consultant will work closely with Town Staff in project task allocation and will utilize Town resources, where appropriate and economical. Staff members available for this project include: John Zukas - Transit Services Administrator, Bryant Nodine - Planning and Zoning Administrator, Eileen Goff - GIS Technician. The Transit Services Administrator will oversee project progress and shall review major work products on a monthly basis. Work tasks and the party(ies) responsible for their completion are outlined below. 1. Project Initiation: a. In consultation with the Transit Services Division and the Transit Advisory Board, the Consultant shall clearly establish the preliminary project goals and objectives, and outline the process to be used to achieve these goals and objectives. b. The Consultant shall prepare a work schedule in a format which presents information in weekly increments as required for the accomplishment of the various tasks involved in providing professional service under this Contract and will include the minimum: 1. The tasks which will satisfy each of the professional services required. 2. The dates each task will start and be completed. 3. The elements which tend to hinder normal progress of the related tasks. 4. The estimated 15%, 30%, 60%, and 90% completion dates. 5. Names and persons responsible for each task and the number of hours of work estimated for each person per task. 7 A. Scope: 1. Project Initiation Meeting: The Consultant shall be responsible for scheduling a meeting with the Project Administrator within seven (7) days of a written Notice to Proceed. At this meeting, the Consultant shall furnish the Project Administrator with three (3) copies of the original work schedule and three (3) copies of any revisions after they are approved. Timeframe: Within seven (7) days of contract signing Product: Meeting, work schedule 2. Investigation and Report on Existing Conditions and Trends: The Consultant shall conduct an investigation into existing information and thinking relevant to this project. The investigation shall include: a. Other plans and programs (The Town will provide existing documentation pertinent to this task). 1. A copy of the Town of Oro Valley's General Plan — Focus 2020. 2. Historical Coyote Run ridership. 3. Historical SunTran ridership. 4. Financial data regarding Coyote Run. 5. Financial data regarding SunTran. 6. Current Town population 7. Town population projections. 8. Current ADA population. 9. ADA population projections. b. Existing Regulations (The Town will provide existing documentation pertinent to this task). 1. ADA guidelines. 2. Grant guidelines. 3. SunTran contract information. Timeframe: 11/2 months Product: Existing Conditions & Trends Report 8 3. Survey of Study Area: The Consultant shall design, administer, and analyze a survey of residents located within the Study Area. The survey will address issues related to demand for dial-a-ride service; demand for fixed route service; desired hours and days of operation; desired service areas; willingness to pay; ride request windows. The survey shall be designed to provide adequate data for a statistical confidence level of 95% (5% probability of error). Timeframe: Three (3) months Product: Survey instrument, Findings Report, Frequency tables and cross tabulations. 4. Existing & Future Needs Analysis: Based on the review of five towns similar in demographics and population, results from the resident survey, and review of conditions and policies the Future Needs Report shall provide an analysis of: a. Existing and future need for paratransit services. b. Existing and future need for fixed route service. c. Existing and future need for a demand response or "dial-a-ride" service. d. Existing and future service area limits. e. S.W.O.T. Analysis (Strengths, Weaknesses, Opportunities and Threats) Timeframe: Two (2) months Product: Existing & Future Needs Analysis Report 5. Generate Alternative Strategies to Meet Needs: Using data from the Existing Conditions and Trends Report, the responses from the survey, and the needs analysis, the consultant shall develop at least three alternatives to provide adequate transit services over a ten year period. These alternatives will be presented at the second public workshop for citizen evaluation. Timeframe: One (1) month Product: Alternative Implementation Report 9 6. Public Participation: a. The Consultant shall develop a program to involve the community and other agencies/jurisdictions in the planning process including at least the following elements: 1. who 2. their objectives 3. their areas of interest 4. potential conflicts 5. potential assistance 6. stage/level of participation b. The Consultant and Town Staff shall develop a schedule of participation including at least: 1. At least six (6) monthly meetings of the Transit Advisory Board 2. Two workshops: a. Workshop #1 - evaluate goals of the public b. Workshop #2 - evaluate alternatives c. The Town shall place ads in local media and distribute mailings as appropriate. Timeframe: Ongoing Product: Six (6) TAC Meetings, Two (2) Public Workshops 6. Public Participation: a. Refine and Evaluate Alternatives: Evaluate alternatives from workshop #2 and determine how they will meet the community's goals. b. Create and Evaluate a Preferred Alternative: Create a preferred alternative by working with the Transit Advisory Board to combine and improve the best parts of the refined alternatives. Evaluate this to determine its ability to meet the community's goals. Determine if this alternative can be achieved through existing funding, regulations/standards or if additional funding and/or guidelines and standards are required. c. Implementation of Preferred Plan: Provide a task schedule to accomplish preferred plan, amount of funding necessary to accomplish preferred alternative and delegation of who is responsible for preferred plan. Timeframe: One and one-half(11/2) months Product: Preferred Plan and Implementation Strategies 10 7. Products: In addition to products identified in the above tasks, the following shall be included as products to be performed and/or produced by the Consultant: a. Minutes of all meetings. b. Transit Services Plan Document 1. Map (proposed) for tentative service. 2. Criteria to Evaluate and Modify Policies 3. Capital Improvement Plan 4. Operation and Maintenance Budget c. Five (five) copies of the final plan, bound in loose-leaf binders, one (1) reproducible master. d. Monthly Reports: (Consultant) Monthly reports should include progress made in terms of specific activities that were completed, information generated, contacts made, summary of task reports, percentage of study completed, costs incurred and the next month's planned activities. The monthly progress report may take the form of a cover letter submitted with draft materials addressed to the Transit Advisory Board. e. All reports should be duplicated and compatible with Microsoft Word 97. f. All maps should be duplicated and compatible with ArcView 3.0. 8. Plan Review and Adoption: The Consultant shall be responsible for attending two public hearings, one before the Planning and Zoning Commission and one before the Town Council. The Consultant shall also be responsible for amending documents to reflect Commission/Council action. 11 F. Proposal Format: The proposal shall be in the following format and shall include all specified information. 1. Identification: A title page or equivalent which includes the title of the project and names and business address of the organization that will conduct the work (including sub-contractors). 2. Table of Contents 3. Problem Statement: A clear, concise statement of the problem to reflect the proposer's understanding of the issues to be studied. 4. Objectives for the Study: These are the technical objectives which the project team is to focus attention on, and upon which study efforts are to converge. The objectives stated in the proposal should reflect the proposer's intent, creativity and understanding of the objectives. 5. Project Work Plan: This is the most important element of the proposal. The work plan should fully describe the project's tasks, as outlined in the Scope of Work, including submission of an acceptable final product. It should define the proposed approach as clearly as possible. The study methodology should be described in sufficient detail to permit objective evaluation of the proposal. The work plan should be divided into the following sections: A. Introduction: Setting the stage for presentation of the study plan. B. Study Approach: Describe how the objectives will be achieved through a logical plan. The plan should describe each task of the research to be undertaken and shall culminate with the breakdown of the time (person-hours), costs and level of effort by tasks. Contribution of each member, including Town Staff, to each task should be identified in terms of person/hours. This data must also be summarized in a tabular format as follows: 1. Names of team members; 2. Role of each team member; 3. Percent effort (time) of each member for contract period (i.e. identify each team member's commitment to this project as compared to his/her workload in the consultant firm); 4. Person —hours spent by each team member for each task of the project; 5. Hourly rate for each team member and total cost attributed to each team member and task; 6. Show study's organizational chart and identify the project manager; 7. Identify roles of Town staff and anticipated involvement by work task; and 12 C. Cost Estimate D. Presentation of Anticipated Products: Show how anticipated results will be reported and presented. E. Facilities/Equipment Available: Include location of the base of operations for this project and the resources that are available to the proposer. F. Project Schedule: Bar-type progress charts should be provided to illustrate the inter-relationship and scheduling major study tasks. G. Reporting Procedures: Monthly reporting procedures and other per the scope of work. H. References: Description of experience in performing studies similar to that anticipated by the Request for Proposals. Include the following for each: 1.) Inclusive project dates; 2.) Name and address of client for whom project was performed. (Consultant) Name and telephone number of an individual in the client's organization who is familiar with the study; I. Notification of any potential conflict of interest F. Appendices: The proposal shall be signed by a representative or officer authorized to bind the offer. Individuals of the offering organization authorized to negotiate a contract based on the proposal shall be identified by name, title, address and telephone number. 13 G. Particulars: Ten (10) copies of the proposal should be submitted to: John Zukas Transit Services Administrator Town of Oro Valley 11,000 N. La Canada Drive Oro Valley, AZ 85737 The following criteria will be used to evaluate all submitted proposals: A. Understanding of the tasks at hand. B. Proposed project approach. C. Recent experience on the same or similar projects. D. Qualifications of Project Manager and key staff. E. Availability of competent, adequate staff for project. F. Familiarity with localized needs within the study area. G. Approach to public participation. Each proposal will be reviewed by a selection panel. Final selection and contract execution will be subject to the approval of the Oro Valley Town Council. Any questions regarding this Request for Proposals should be directed to John Zukas, Transit Services Administrator, (520) 825-7355. Proposals must be received in a sealed envelope prior to 5:00 p.m. on September 18, 1998. NO LATE PROPOSALS WILL BE CONSIDERED. Selected consultants will be required to make an oral presentation to the selection panel during the week of October 7, 1998. A letter will be mailed to you stipulating the exact time of your firm's interview. Interviews will be conducted at the Oro Valley Town Hall, 11,000 N. La Canada Drive in the Council Chambers. The Town is anticipating a six (6) to eight (8) month project duration. It is anticipated that the Notice to Proceed will be given by November 1, 1998 The Town of Oro Valley reserves the right to reject any or all proposals. Award shall not be made solely on the basis of price. The Town of Oro Valley is an equal opportunity employer. 14 TOWN OF ORO VALLEY 8 COUNCIL COMMUNICATION MEETING DATE: October 27, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: John Zukas, Transit Services Administrator REsolution No. (R) 98-88 SUBJECT: Approval of the Transportation Committee for the facilitation and implementation of the Town's "Transit Services - Element of the General Plan" SUMMARY: On June 3, 1998 at the Oro Valley Town Council Meeting, Town council directed staff to look into various options of transit services (specifically mass transit and paratransit) for Oro valley residents. Pursuant to this task, staff put together a Request for Proposals for a townwide transit plan. Since there will be a considerable amount of public involvement with this project (the transit plan proposes two public workshops over an eight month period), staff recommends the approval of the Transportation Committee to address the issues raised at the June 17, 1998 Oro Valley Town Council meeting. The implementation of the Transportation Committee would facilitate public participation and provide guidance regarding technical implementation. Attached is a list of the proposed personnel recommended by staff. GENERAL PLAN COMPLIANCE: The "transit plan" will be utilized as a guide for transit services townwide, as well as implement an additional element to the Town's General Plan. Currently, Transit is under the element Transportation in the Town's General Plan. FISCAL IMPACT: None RECOMMENDATIONS: Staff recommends the approval of the Transportation Committee for the implementation of the Town's "Transit Services - Element of the General Plan". SUGGESTED MOTION: I make a motion to approve Resolution (R)98.88 thus approving the Transportation Committee for the implementation of the Town's "Transit Services - Element of the General Plan". OR I make a motion to deny Resolution (R)98- 88 thus denying approving the Transportation Committee for the implementation of the Town's "Transit Services - Element of the General Plan". TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 ATTACHMENTS: 1. Resolution (R)98-88 2 List of proposed personnel recommended by staff for the "Transit Services - Element of the General Plan" Transportation Committee. .4e( ,_ __,,,, sit Se ces inistrator ( / i Co.'.'0, 0 G A , ti. oursat, lty level•• -nt Di►ector IiA .1.d_ /i111/// '. I qv Town Manager 41' RESOLUTION NO. (R)98-88 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING APPROVAL OF THE TRANSPORTATION COMMITTEE FOR THE FACILITATION AND IMPLEMENTATION OF THE TOWN'S "TRANSIT SERVICES - ELEMENT OF THE GENERAL PLAN". WHEREAS, the Town of Oro Valley will utilize a Transportation Committee to help implement and develop a document know as "Transit Services - Element of the General Plan" BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY: 1) That certain document known as "Transit Services - Element of the General Plan", will be developed and used as a guide for future transit services; and 2) Approves the Transportation Committee to implement and develop such plan. PASSED AND ADOPTED AND APPROVED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 27th day of October, 1998. TOWN OF ORO VALLEY, ARIZONA Mayor ATTEST: Kathyrn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney LEY A�/ 0 0 (4 o TOWN OF ORO VALLEY , = 44,,,,,,,,,,7 i ''". fOrt, \ COMMUNITY DEVELOPMENT DEPARTMENT � � °' Al , � • BuildingSafety • Parks and Recreation • Planning and Zoning • Transit Services E 1565 East Rancho Vistoso Blvd. YAM :-- -�-. Oro Valley,AZ 85737 FUNDED 19 Transit Services - Element of the General Plan Recommended List for Transportation Committee: Categories: 1) Parent of ADA young adult, Coyote Run rider 2) Elderly Coyote Run rider 3) SunTran Representative 4) Pima County Dept. of Transportation 5) VanTran Representative 6) SunTran Commuter 7) AlliedSignal Representative 8) Catalina Village Council Representative 9) Oro Valley Resident&disabled individual able to drive 10) Sun City Resident who might utilize mass transit if available 11) Planning &Zoning Commission Member 12) Oro Valley Town Council Member Recommendations (based on categories): 1) Tom Bozich 2) Carl Stoltenberg 3) Bob Magee 4) Ben Goff 5) Nate Peterson 6) Dr. Irwin Flink 7) Representative of their choice 8) Kim Brandom or Sally Gal 9) Tom Bush-Muscular Dystrophy Association 10) Fred McCulloch 11) Bill Partridge 12) To be appointed by Town Council