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AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION NOVEMBER 18, 1998 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 6:00 PM 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 38-421.03 (A)(4) discussion or consultation regarding pending litigation concerning: 1. John Fazio lawsuit and appeal (Pima County Superior Court Case No. C316599 2. U.S. District Court Case No. CIV 98-447 Lathrem vs. Oro Valley — DARE Officer Question In accordance with ARS 38-431.03(A)(1) Personnel Matters concerning: 1. Determination on whether or not to advertise for Town Magistrate Position 2. Request for Council Members to participate in the interview schedule for the Town Engineer Position RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE -According to the Arizona Open Meeting Law, the Town Council may only discuss matters listed on the Town Council Agenda. Matters brought up by the public under "Call to Audience"cannot be discussed by the Town Council as they have not been placed on the .a endaAnyitems must be addressed to the whole Council, not a specific g 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 26, 1998; November 4, 1998 B. OV12-96-02C Approval of Substitute Assurance Agreement between Richmond American and Fidelity National Title Agency Corporation as Trustee of OV12-96-02C for Rancho Vistoso, Neighborhood 2 Phase 2 C. OV12-96-02D Approval of Substitute Assurance Agreement between Richmond American and Fidelity National Title Agency Corporation as Trustee of OV12-96-02D Rancho Vistoso, Neighborhood 2 Phase 2 D. OV12-93-04 Approval of Bond in lieu of substitute third party trust for Canada Hills Estates, Phase 4 Lots 55-78 E Approval of request from Mr. & Mrs. Joe Beningo for a temporary waiver of a no access easement to their property from Silverleaf Drive to allow access to the rear of their lot for the construction of a swimming pool F. Resolution No. (R)98-90 Authorizing execution of an Intergovernmental Agreement with the State of Arizona for the design, construction, operation and maintenance of a new warranted traffic signal at the Hardy/Oracle Road Intersection G. Resolution No. (R)98-91 Authorizing the execution of an agreement for services with the Tucson Water Department for the relocation of a water main required by the intersection improvements associated with the installation of a traffic signal at the Hardy/Oracle Road intersection H. Resolution No. (R) 98-92 Approval of an Intergovernmental Agreement with the Amphitheater School District for the improvement of Calle Egleston and Linda Vista Drive I. Resolution No. (R)98-93 Approval of an Intergovernmental Agreement with Maricopa County Sheriffs Office for the coordination of the High Intensity Drug Trafficking Area (HDTA) Maricopa County Methamphetamine Task Force J. Resolution No. (R)98-94 Declaring its support for the Oro Valley Police Department using property available for town auction for its Holiday Gift Program 2. APPOINTMENT OF ARNOLD BALTHUZAR TO REPLACE ARDEN SHUG ON THE TUCSON-PIMA COUNTY BICYCLE ADVISORY COMMITTEE 3. APPOINTMENT OF PUBLIC ART COMMITTEE FOR THE CDO RIVERFRONT PARK PROJECT 4. CONTINUED PUBLIC HEARING - RESOLUTION NO. (R)98-50 ADOPTING THAT DOCUMENT KNOWN AS THE TORTOLITA MOUNTAIN PARK MASTER PLAN (CONTINUED FROM 08/05/98) 5. RESOLUTION NO. (R)98-95 DESIGNATING MARCH 9, 1999 AS THE ELECTION DATE FOR THE PURPOSE OF SUBMITTING THE FOP INITIATIVE TO THE QUALIFIED ELECTORS OF THE TOWN; DESIGNATING THE DEADLINE FOR VOTER REGISTRATION; AND PROVIDING FOR AUTOMATIC CANCELLATION IN CERTAIN CIRCUMSTANCES 6. PUBLIC HEARING - ORDINANCE NO. (0)98-43 AMENDING ORO VALLEY TOWN CODE SECTION 6-8-2 OF THE CODE OF THE TOWN OF ORO VALLEY, ARIZONA, PERTAINING TO THE DESIGNATION OF THE TOWN FIRE MARSHAL 7. RESOLUTION NO. (R)98-96 ESTABLISHING MUTUAL WRITTEN CONSENT WITH THE METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT REGARDING THE TERMINATION OF THE INTERGOVERNMENTAL AGREEMENT FOR OPERATION OF ORO VALLEY WATER IMPROVEMENT DISTRICT NO. 1 8. RESOLUTION NO. (R)98-97 APPROVAL OF CONTRACT FOR ARCHITECTURAL SERVICES FOR THE DESIGN OF THE DEVELOPMENT SERVICES BUILDING WITH SAKELLAR & ASSOCIATES 9. RESOLUTION NO. fR)98-98 APPROVAL OF FINANCIAL PARTICIPATION AGREEMENT WITH THE CHAMBER OF NORTHWEST PIMA COUNTY 10. RESEARCH OF SOLID WASTE MANAGEMENT OPERATIONS WITHIN THE TOWN OF ORO VALLEY TOWN MANAGER'S REPORT ENGINEER'S REPORT FINANCE DIRECTOR'S REPORT COMMUNITY DEVELOPMENT DIRECTOR'S REPORT POLICE CHIEF'S REPORT COUNCIL COMMITTEE REPORTS CALL TO AUDIENCE— According to the Arizona Open Meeting Law, the Town Council may only discuss matters listed on the Town Council Agenda. Matters brought up by the public under "Call to Audience" cannot be discussed by the Town Council, as they have not been placed on the agenda. Any items must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 11/12/98 4:30 P.M. LH Ap acket of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:30 a.m. — 5:00 p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, at 297-2591. 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. IfY ou 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 andg ive it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. • %. MINUTES ORO VALLEY TOWN COUNCIL 1:0.0,01 AND ORO VALLEY WATER UTILITY COMMISSION 4ritp STUDY SESSION OCTOBER 26, 1998 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N LA CANADA STUDY SESSION—AT OR AFTER 7:00 P.M. CALL TO ORDER: 7:02 p.m. ROLL CALL: TOWN COUNCIL : Paul Loomis, Mayor Paul Parisi, Vice Mayor Dick Johnson, Council Member Francis LaSala, Council Member NOT PRESENT: Cheryl Skalsky, Council Member WATER UTILITY COMMISSION: PRESENT: Valerie Hoyt, Chair Mike Caporaso Jennifer Gillaspie John McGill Nicholas Vale NOT PRESENT: John Dohogne Carle Straub ALTERNATIVE WATER RESOURCES—OPTIONS David Hook, Water Utility Director/Acting Town Engineer, reviewed the available options: Option Costs: Option A: Tucson Water Reclaimed System $652-$990 AF (4 yr time frame) Option B: Ina Road Reclaimed System $540-$690 AF (3-5 yr time frame) Option C: Oro Valley Reclaimed System $1103-1203 AF (4-5 yr time frame) Option D: CAP Water System $887-$987 AF (3-5 yr time frame) Mr. Hook stated that the Water Utility Commission recommends that the Town Council move forward with pursuing detailed negotiations and research regarding Option B as the best project for implementation in the near term. Also, that a response to the city's counterproposal be prepared along the lines that, while the Mayor & Council wish to resolve issues between the city and town, the complexity of the issues will preclude the Town Council and Water Utility Minutes, Commission 2 Study Session town from achieving such resolution in the near term and that the Mayor & Council must pursue other alternatives available to address the immediate AWR needs of the community. In response to a question by Council Member Johnson, Mr. Hook stated the exact routing of the pipeline has not yet been determined and is being pursued by Pima County. He showed the probable location of the point of delivery at the Canada Del Oro Wash and La Canada Drive. He showed the area of options for delivery of CAP water to the Oro Valley Service Area and MDWID Service Area. He stated there will be a reservoir up in the Rancho Vistoso area that would provide distribution to the Sun City, Vistoso, Stone Canyon& El Conquistador Golf Courses. In response to a question by Council Member Johnson, Mr. Hook stated this option will p be part of the long term picture. He stated he can take to the County the idea of utilizing a "north/south" and then an "east/west" corridor. Mr. Hook stated that MDWID is also interested in buying effluent. The pipeline coming from a northeasterly direction would also have the possibility of delivering reclaimed water to MDWID for their recharge uses in the Canada Del Oro Wash. Council Member Johnson suggested looking at an alternative delivery system that could allow the Town to use CAP and be autonomous from the county and city. He suggested possibly including Marana. In answer to a question by Council Member Johnson, Mr. Hook explained the cost elements and how they were derived. He pointed out that is why the Commission is looking at Pima County starting off with numbers that are higher than 100 or 200 acre feet because their original numbers included some of the capital costs it will take to get the water up to the Oro Valley Metro area. In addition, the costs of additional pipelines within the Town's distribution system and the costs of operating those would have to be included. In response to a question by Mayor Loomis regarding clarification of costs, Valerie Hoyt, Chair of the Water Utility Commission stated they have tried to include the costs to the County, costs of the capitilization of the pipeline over 30 years, and the costs of 0 & M to operate the system. Mr. Hook stated they will confirm the numbers and get back to Council. In response to a question by Vice Mayor Parisi regarding federal grant availability, Mr. Hook stated they are currently utilizing federal monies with some of the on-going studies. However, he is not aware of any programs that would qualify for funding. Mr. Hook stated that Pima County intends to look at outside funding for their purposes. However, they will continue to look for any available funding. In answer to a question by Vice Mayor Parisi, Tom Martinez, Consultant, explained that the size of the pipes are 24" and they are designed to handle golf courses. 10/26/98 Minutes, Town Council and Water Utility Commission 3 Study Session Mr. Martinez stated it will cost $165 per acre foot to construct the distribution system which would cover any alternative. Discussion followed regarding how big the system should be and how extensive the customer base should be. Council Member Johnson suggested designing the system with maximum flexibility so we can tie in to all options if the Town wants to and not be locked in to one alternative or the other. g Mayor May Loomis agreed that it is important to include costs and design ideas in selecting theg um in system stem and where it will tie into other systems. He also suggested p p g identifY in the town needs with the parks planned for the town as additional capacity requirements and not just look at the existing golf courses. He stated schools should also be included. He stated the Town needs to try to convince some of the golf courses that haveg randfather rights, that it is to their best advantage to use effluent as well. Council Member LaSala complimented the Water Utility Commission for their report. He stressed the importance of looking carefully at the option of being in control of our own effluent. He stated the liability of treating effluent includes serious capital expense and a lot of regulatory tape involved. He pointed out that City of Tucson is subsidizing the reclaimedp roduct. He stated that is why the golf courses and the parks is getting it at such ag ood price. However, Tucson is losing money. He stated the proposed costs are not out of line. Council Member LaSala suggested the possibility of collecting storm water and blending it with CAP water. He explained how businesses could be involved in this process. We want to start and expand with a "holistic" approach. He pointed out that harvesting our rainwater is the wave of the future. He stressed the importance of looking at all options. He stressed the importance of moving ahead and take advantage of everything available to us. He pointed out that Oro Valley is in a great place to recharge water. In response to a question by Council Member Johnson, Town Manager Chuck Sweet stated that we have no right to access the effluent. That is where the native American's come into the picture since they own 28,000 acre feet (50% of the effluent). Mayor Loomis asked that the Town get the background of other cities/towns regarding the right to have control over their own sewer systems. Mr. Sweet explained that Pima County is unique in that the County Sanitary District was created to solve the sewage problem. He stated that having the right to that effluent is critical. Jim Peterson stated it is imperative to get started. He stated the Ina Road Plan probably is the best alternative to start with. Whatever is decided, the infrastructure will be the same 10/26/98 Minutes, Town Council and Water Utility Commission 4 Study Session and it will all tie in when the CAP comes in. He stated the Town can have that versatility that was shown in the McGill Report. He pointed out that the Town needs Tucson agreement to use the effluent under the 1979 Pima County/City of Tucson Agreement for effluent. He stated once we release our effluent into that Interceptor, we no longer have any ownership of it, the County owns it. He suggested getting with Marana and Pima Countytoget this program underway. He stated that is superior at this point than p g building our own plant. "jump He suggested the Town on the bandwagon" with Pima County. Council Member LaSala stated he checked into how much sewage OV is generating—we only have 1/2 of the sewage of what we need to handle the golf courses in Oro Valley. Council Member Johnson stated even though we don't have enough to have our own plant that when we do the design layout, we put ourselves in the position of having our own 10-15Y ears down the road. He agreed with Mr. Peterson that joining in with the Countyis the most expeditious way to get effluent to our golf courses. He stressed the p importance of looking in the total context in an overall plan. Council Member LaSala stated we have to have a Watershed Plan for Oro Valley and keep it in Oro Valley. Mayor Loomis thanked the Committee for an excellent report. He stated we need to push this item and continue working on all the options, with the primary focus on Pima County (Option B). Mrs. Hoyt stated it was the Commission's desire to have the Town Council to focus on Option B. Not exclude the other options, but Option B is the most viable at the most reasonable cost in a reasonable timeframe. She stated this is not viewed as short term, but a solution to et golf courses and other turf areas off of groundwater. It helps our g gallon per capita per day problem we are having right now. We have been calling it short p term because we think we can get this done in 3 — 5 years. It will be part of a long term Non-potable Water Plan. Mrs. Hoyt stressed it is critical to get moving now. Vice Mayor Parisi stated he agrees with the WUC and Mayor Loomis's conclusion. He stated this will be a regional approach, working all together. Mr. Peterson stated the partnership also includes the federal government and the Bureau of Reclamation and it completes the loop with CAP and effluent. Mayor Loomis called a recess at 8:15 p.m. Meeting resumed at 8:30 p.m. 10/26/98 Minutes, Town Council and Water Utility Commission 5 Study Session TOWN OF ORO VALLEY ROAD PROJECTS 1998-1999 AND BEYOND David Hook, Water Utility Director/Acting Town Engineer reviewed the Oro Valley 1998-2003 CIP; PAG 1998-2003 TIP and the Table of major street and drainage projects. He reviewed the Department's objective of developing a 10 year plan and reviewed today's situation. Melanie Seacat, from Pima Association of Governments reviewed the PAG's Metropolitan Transportation Plan for 1998 —2020. Members of the Council expressed their streets/roads concerns in Oro Valley: Council Member Johnson: • Improvement of North First Avenue Corridor. • Improvement of the intersection of North First Avenue and Oracle Road. • Work with Marana on the improvement of the Tangerine Corridor Plan. • Design Naranja improvements including bicycle lanes to take care of heavy congestion if the CalMat site is purchased. These improvements should be made in conjunction with the opening of the recreational area. • Creating retail loops to help control traffic congestion. Mayor Loomis: • Work closely with PAG on the Tangerine Corridor Plan since it is a significant element in Oro Valley and the northwest. • Bicycle Lanes • Get majority of the road projects onto the web site. • Identify necessary road maintenance. • Safety issues should be addressed for recent annexation areas. • Improvements to recent annexation areas should be planned for 5 years. Mr. Hook stated this will come back to Council with a Concept Plan presentation by Parsons Brinkerhoff. In response to a question by Council Member Johnson, Mr. Sweet stated staff can come back in approximately 90 days with a Financial Package and a Project Timeline/Plan of Action. A status report will be given to the Council along the way. Mayor Loomis suggested the possibility of including a quarterly report on road maintenance to the Council Consent Agenda. In response to Council Member Johnson's comments, Mr. Hook suggested the Council make a definitive statement to PAG regarding the Town's expectations of the Tangerine Road Corridor Plan. 10/26/98 Minutes, Town Council and Water Utility Commission 6 Study Session ADJOURNMENT MOTION: Vice Mayor Parisi MOVED to adjourn at 9:50 p.m. Council Member LaSala SECONDED the motion. Motion carried, 3 — 0 (Vice Mayor Parisi left the meeting at 8:50 p.m.) Respectfully submitted, Kathryn Cuvelier, CMC Town Clerk MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION NOVEMBER 4, 1998 4444%).: ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:05 p.m. ROLL CALL PRESENT Paul Loomis, Mayor 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 g reported that the Town Hall offices would be closed on Wednesday, November er 11 t' for Veteran's Day. CALL TO AUDIENCE Mark Lewis, 11810 N. Copper Butte, stated that due to the recent trash collection problems in the northwest area, his homeowner's association management office has received 200 calls in a 24 hour period. He recommended that the Town look into a town- widero ram for trash collection which would end the problems that are currently being p g experienced and provide revenue for the Town. Nicholas Vale, 892 Bentwater, stated that Oro Valley's population has increased 800% over thep ast 25 years. He recommended the appointment of a committee to study and advise on thep rovision of compensation to the Mayor and Council for their work for the Town. 1. CONSENT AGENDA MOTION: Council Member Johnson MOVED to approve the Consent Agenda as presented. Council Member Skalsky SECONDED the motion. Motion carried, 5 —0. 11/04/98 Minutes, Regular Council Session 2 A. Minutes—October 21, 1998 B. Finance Report— September 1998 C. OV12-98-04 Vistoso Golf Casitas Landscape Plan D. 0V12-98-09 Trendwest Landscape Plan E. OV12-98-03 Bond in lieu of third party trust "The Overlook" D.R. Horton Homes F. Request for waiver for signs in right-of-way for Copper Creek Craft Fair G. Resolution No. (R)98-89 Amendment #1 to Intergovernmental Agreement for Use of Multi-Agency Mutual Aid System 2. PUBLIC HEARING — ORDINANCE NO. (0)98-45 AMENDING THE ORO VALLEY TOWN CODE, SECTION 15, ARTICLE 15-3 TOWN WATER UTILITY DIRECTOR/TOWN ENGINEER Water Utility Director David Hook stated that Ordinance No. (0)98-45 would act as a "house cleaning" measure for the Water Code, Section 15 of the Town Code. He explained that recent budget changes and the realignment of staff have created the need g for changes in the wording of Section 15. This will separate the Water Utility Director from the Town position.Engineer Mr. Hook stated that the Water Utility Commission and staff recommend the amendments to Article 15-3 of the Town Code. Mayor Loomis opened the public hearing. There being no speakers, the public hearing y p was closed. MOTION: Council Member Skalsky MOVED to approve Ordinance No. (0)98-45, amending the Oro Valley Town Code Article 15-3 Town Water Utility Director/Town Engineer. Council Member Johnson SECONDED the motion. Motion carried, 5 - 0 3. PUBLIC HEARING- ORDINANCE NO. (0)98-46 AMENDING THE ORO VALLEY ZONING CODE REVISED, CHAPTER 2, SECTION 2-101, DEFINITIONS AND CHAPTER 7, MULTI-FAMILY RESIDENTIAL DISTRICT REGULATIONS Community Development ment Director Don Chatfield stated that at the Planning and Zoning . Commissions direction, staff has prepared a Zoning Code amendment that would clarify the issue of short-term rentals within multi-family or apartment residential district. He explained Chapters that currentlyCha ters 6 and 7 of the Zoning Code may permit short-term residential uses because theydo not discuss specific time requirements. Mr. Chatfield stated that staff has been using the definition of boarding houses or lodging houses to permit short-term rentals as Conditional Use Permits. He explained that the Board of • Adjustment recently overturned the Planning and Zoning Administrator's interpretation, J and said that the clause could no longer be used to hold out those uses. 11/04/98 Minutes, Regular Council Session 3 Mr. Chatfield explained that the definition being presented as an amendment to Chapters 2 and 7 wouldadequately more ade uatel describe short-term uses within the R-6, Multi-family district. He explained that the new definition proposes a specific time requirement (30 day rental) compatibility and insures com atibilit with the surrounding neighborhood. He explained days the 30 da s is based on the State Tax Code and Town Code regulations related to rental of real property. Mr. Chatfield also reported that the "hotel" definition and the term "residential" have been redefined to clarify when such uses are permitted. Mr. Chatfield stated that the Planning and Zoning Commission and staff recommend approval of the amendments to Chapters 2 and 7 of the Zoning Code Revised. In answer to a question from Council Member Skalsky, Town Attorney Tobin Sidles stated that the amendments deal strictly with rental situations. In answer to nquestions from Council Member Johnson, Mr. Chatfield explained that the amendments are specific to multi-family residential districts (apartment and p . condominium projects.) He also explained that short term rentals would be subject to bed p J ) p and rental tax. question answer a to from Vice Mayor Parisi regarding Bed and Breakfast facilities, Mr. Chatfield explained that they are permitted within other residential districts and are . bya differentprocess. Theywould require a Home Occupation Permit through governed the Zoning Department. Mayoropenedpublic Loomis the hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Johnson MOVED to approve the amendments to the Oro ValleyZoningCode Revised, Chapter 2, Section 2-101, Definitions, and Chapter . 7, Multi-FamilyResidential District Regulations, as presented in Ordinance No. (0)98-46. Council Member Skalsky SECONDED the motion. Motion carried, 5 —0. 4. PUBLIC HEARING — ORDINANCE NO. (0)98-47 AMENDING THE ROONEY RANCH PLANNED AREA DEVELOPMENT, AREA B, ADDITIONAL GASOLINE STATION CONVENIENCE USE, OUTDOOR SALES, 33' MAXIMUM BUILDING HEIGHT, 30' REAR SETBACK, REDUCED PARKING REQUIREMENTS, INCREASED LANDSCAPING, ADOPTION OF SIGN PACKAGE CONSISTENT WITH THE ORO VALLEY RETAIL CENTER Community Development Director Don Chatfield reported that the Rooney Ranch Co y p Planned Area Development (PAD) was adopted by the Mayor and Council in 1989. He stated that theJro'ect includes approximately 150 acres with the "hub" of the project at p the intersection of North First Avenue and Oracle Road. He stated that the Town's Generalprojects Plan this area will become Oro Valley's downtown or Town Center and severalp eople have expressed interest in establishing their businesses in the area. 11/04/98 Minutes, Regular Council Session 4 Mr. Chatfield reviewed maps of the Rooney Ranch PAD. He explained that the adopted PADp rovides for a mix of uses, with fairly intense commercial uses near the intersection of First Avenue and Oracle Road, and transitioning to neighborhood commercial and residential uses along the north side of the Canada del Oro (C.D.O.) Wash. Mr. Chatfield summarized the applicant's request for PAD amendments related to Area B. He explained that the applicant has requested an increase in permitted building height from 30 feet to 33 feet. Mr. Chatfield reviewed an overhead display of the proposed gasolineArea stations within the Rooney Ranch and stated that the applicant has also . requested an additional gasoline station convenience use in conjunction with the q Albertson's store. The applicant has also requested: outdoor sales (displays) be a permitted use, a reduction in the rear setback from a 2:1 height ratio to 30 feet along the portionofproperty the adjacent to the C.D.O. Wash, to decrease parking requirements from 1 q per space200 square feet to 1 space per 300 square feet, increase the landscaped p area from 15% to 20% of the site and placement of 10 feet of landscaping within the Oracle Road right-of-way, and approval of adoption of a sign package consistent with the Oro Valley Retail Center (Target.) Mr. Chatfield clarified that planning staff is not ready to act on the sign package issue. He explained that the sign package was considered by the Planning and Zoning Commission on Tuesday, November 3rd and staff is still working on the Commission's recommendations. He stated that staff hopes to bring the sign package forward to Council on November 18th or December 2nd Mr. Chatfield reviewed the Planning and Zoning Commission's recommendations for the PAD amendments and the development criteria and list of allowed items for "outdoor sales/ p displays". He explained that the Commission recommended denial of the increased g landscap in from 15% to 20% and placement of 10 feet of landscaping within the Oracle Road right-of-way. Mr. Chatfield also reported that the Development Review Board reviewed ap pro osal for screening of the proposed outdoor sales area and voted 3 to 3 on a recommendation for approval of the use of an arcade and other elements to screen outdoor sales. He explained that those members of the Board voting in the negative were opposed to outdoor sales. Mr. Chatfield said that staff has evaluated the request for the amendments to the Rooney Ranch PAD and support the Commission's recommendations and recommend approval of the amendments to Area B as it relates to increased building height. reduced rear setback, and reduced parking requirements. He stated that staff also recommends that outdoor sales bep ermitted, but due to concerns over clutter, staff formulated the p Develo ment Criteria for Outdoor Sales and request that the criteria be adopted as part of the PAD amendments. He stated that staff also supports the approval for the additional gasoline station and recommends denial of the increased landscaping and that the sign pg portion e be continued. Mr. Chatfield informed the Council that Home Depot has expressed some concerns over not being able to display construction materials on the 11/04/98 Minutes, Regular Council Session 5 exterior of theg building. He explained that the display of such items would not be consistent with the Commission's or staff's recommendations. In answer to concerns expressed byCouncil Member LaSala regarding the reduction of parking spaces, Mr. Chatfield explained that staff's analysis shows that the reduction is consistent with the range that is professionally accepted. In answer to questionsMayor from Ma or Loomis regarding the height of significant vertical structures, Mr. Chatfield stated that staff is not adverse to providing limitations, but it has the Development Review Board'sprudence in the past. He stated that if been left to p . desired, theycould include language that requires the determination of Council so g compatibility bythe Planningand Zoning Administrator or the Development Review comp y Board. Mayor Loomis asked to add the word "only" to Item #8 of Appendix A, "Paving stones, and otherlandscaping hard landsca in materials, as incorporated into a landscape display presentation only. " Mr. Chatfield agreed that would be acceptable. Member Skalskyasked to have the specific number of parking spaces that would Council be deleted. David Marsh, Planner I, stated if the reduction of parking spaces was allowed, there would be 58 less spaces which would provide a total of 888 parking spaces. Hulse The WLB Grouprepresenting the Barclay Group, displayed a detailed Charles y, p overview of the proposed site and clarified some points. He explained that parking is p at the back of the stores (Home De of and Albertson's) with the majority of limited p parking at the front for easier access. He explained that Albertson's is now including gasoline sales with their new store sites, but it would be a "small scale" facility. He also explained that theyare askingfor a building height that is suited to the building plan. He stated that the highestpoint is 42-43 feet for the bell towers which is comparable to the bell towers at the Frys Store. He stated that typically bell towers are designed based on the proportions of the building. Mr. Hulseyexplained that the text of the Rooney Ranch PAD does not address the setbacks of the rear of the buildings. They are asking for a set distance of 30 feet for setbacks for thero ert . Mr. Hulsey stated that the applicant had withdrawn the request p p Y forpg the landscaping changes but that item was reviewed by the Planning and Zoning Commission anyway. He also stated that they are asking to place a 3 foot rear wall along back of the property and enhance the area with trees as it runs along the proposed the p p y Canyon del Oro Linear Park. He stated that they felt this would help alleviate potential graffiti. Allen Tanner, representing Home Depot, thanked David Marsh and Bryant Nodine for p g p J their work on the project.ect. He explained that Home Depot likes to have heavy construction supplies on the exterior of their stores but they have decided not to continue this request as they want to provide a special store for Oro Valley. 11/04/98 Minutes, Regular Council Session 6 In answer to aq uestion from Council Member LaSala, Mr. Tanner stated that they have outlinedthey with staff a list of what can display on the exterior. He stated that an arcade feature on the outside will help screen the items. He also stated that if for some reason Home g Depot violates the agreement, they can be cited. He stated that they are trying to p create a pleasant atmosphere to fit into Oro Valley. In answer to aq uestion from Council Member Johnson, Mr. Tanner reviewed a rendering of the store front and proposed arcade area. He stated that this would screen the outside p p displays and movable planters would provide additional screening where needed. In answer to a concern expressed by Council Member Skalsky regarding the list of outdoor items, Mr. Tanner stated that the outdoor display items were substantially different than those at the Oracle/River store. He explained that the outdoor displays provide an opportunity to display special promotions and merchandise seasonal items. Mr. Tanner stated that they have worked hard to mitigate the visual impact of the outdoor displays. Mr. Hulsey stated that the arched arcade would be 12 feet wide and under a roof. He stated that the outdoor displays would provide a marketing tool for Home Depot. He said that the ro osed plans for the Home Depot would provide something the Town can be p p proud of. Mayor Loomis recessed the meeting at 8:22 p.m. to allow the public to review the conceptual plans of the Home Depot. The meeting resumed at 8:37 p.m. Mayor Loomis opened the public hearing. The following citizens spoke in support of the Home Depot and stated that it would be a p good addition to the Town: Chad Blunt, 851 W. Port Royal Place Leslie McKee, 10333 N. Oracle Road, #9101 Noel Crabtree, 1660 E. Buck Hollow Court Richard Underwood, 10945 N. Pomegranate John McKee, 11884 N. Copper Butte Jared Madsen, 9475 N. Milagro Richard Feinberg, 1451 E. Triton Place, stated that he was impressed with Home Depot's plans but was concerned with the number of gas stations being proposed in close proximity of each other. Mayor Loomis closed the public hearing. In answer to aq uestion from Council Member Johnson, Mr. Chatfield explained that five areas have current zoning entitlements for gasoline convenience use. He stated that the 11/04/98 Minutes, Regular Council Session 7 only control the Town now has, is what the projects will look like upon completion. He stated that the likelihood for all the gas stations to be built was very slim from a marketing standpoint.oint. He stated that staff's primary concern was not so much with the number of stations, but with the ingress and egress along Oracle Road and with the circulation around the Bank of America. He also stated that staff could look at adjusting the rights from the middle area to the southern area, but proper noticing requirements would need to be ut into place for consideration of areas other that Area B of the p Rooney Ranch PAD. Charles repHulsey, resenting the applicant voluntarily removed the 2 proposed gas stations marked in"fushia" from their request. Mr. Sidles stated that the item relating to removal of the proposed gas stations would have to come back to the Council with proper notification. Vice Mayor Parisi stated that gas stations are market driven. He also explained that the Town would benefit from Highway User Revenue Funds (HURF) that come from gasoline sales. In answer to auestion from Council Member LaSala regarding landscaping, Mr. q � Chatfield explained that the applicant's request is to increase the landscaping from 15% p to 20% using r 10 feet of right-of-way to satisfy that requirement. He explained that this g would move trees out of the interior parking lot which is where the Town wants to provide relief from the massive asphalt. They would also use a large area of the Arizona DepartmentTransportation of Trans ortation right-of-way whose standards for plant density are much lower than Oro Valley's. Mr. Chatfield stated that staff could accept the proposal if the applicant said theywould plant the 15% that is required on the site and will plant the 10 pp feet in the right-of-way. Mr. Hulsey reiterated that the landscape request had been withdrawn so it was a moot point. He further explained that the original idea was not an attempt to put down more asphalt, but to provide more screening along Oracle Road. Mr. Chatfield clarified that the applicant had withdrawn their original landscaping proposal. He explained that there were previously a number of concerns about sufficient p parking, possibly of moving parking to the front 10 feet of the site and use the so the right-of-way for landscaping was discussed. Mr. Chatfield explained that with the g y adjustment in the parking ratio, it was not necessary to use that area for parking. He stated that staff would support landscaping in the right-of-way provided the owner agreed to maintain the landscaping and it would be in addition to the requirements for private landscaping. Richard Underwood, Development Review Board Member, asked that the landscaping be referred back to the DRB and give them the opportunity to improve and enhance the landscaping in the right-of-way and provide possible screening to the proposed gas p g station. 11/04/98/04/98 Minutes, Regular Council Session 8 Hulseyreiterated that the applicant has withdrawn the request for landscaping in the Mr. right-of-way. He further stated that there is not a request for an amendment to the PAD for landsca in the landscapeplan is finished and includes landscaping in the right-of- way, p . way, and the request did not consider anything to do with the parking spaces. Mayor Loomis stated that the requirement for the PAD is to meet the 15% for . landsca in Anyadditional items would be placed on the development plan. landscaping. Council Member Johnson expressed his concerns regarding outdoor display items being placed near the front doors and would like to have some limit as to how close the items could be set. Mr. Tanner stated that the outdoor display items would be limited to the arcade areas which are the covered areas which would allow a display near the entrance of the store. Ken Robertson, District Manager of Home Depot, 3200 W Ina, stated that they would not want to block the doorway but would want to display seasonal items near the door. Mr. Chatfield stated that Council could set the distance items could be placed near the doorway. MOTION: Council Member LaSala MOVED to approve Ordinance No. (0)98-47, OV9-98-6, amendments to the Rooney Ranch PAD Area B, as it relates to increased building height, reduced rear setback, reduced parking requirements, outdoor sales, and an additional convenience use for gasoline sales, and recommend 'denial as it relates to increased landscaping, with those conditions listed in Exhibit"A" and, continue the sign issue and the gasoline station to a later date and that a 3 foot wall landscaped to screen the wall be added. MOTION SECONDED by Council Member Skalsky. Exhibit A: 1. Development Criteria D, Minimum Landscape Requirements, shall be amended p right- of-way" to 15% and the "Ten feet of required landscaping may be in the public g of-way" statement shall be struck. 2. From Development Criteria H.A, remove the phrase "Access to Oracle Road and to First Avenue shall be limited to ingress/egress points established by the Traffic Impact Analysis" as it is redundant and restates the previous sentence. 3. Development Criteria B, Building Heights, shall be amended to read "Maximum 25 feet for all buildings within 100 feet of Oracle Road. All of others 33 feet to top parapet.of Campaniles and clock towers and other significant vertical architectural statements of the mission vernacular are exempt." 4. As a condition of approval for a reduced rear setback of 30 feet, place the following phrase under Development Criteria D, Minimum Landscape Requirements: "A minimum 10 foot buffer yard A shall be located along the rear property line. A 6 foot wall shall be constructed the full length of the rear 11/04/98/04/98 Minutes, Regular Council Session 9 property next to the wash, with landscaping provided on the wash side of the p Y wall." 5. Development Criteria— Outdoor sales and Appendix A: Permitted Outdoor Sales Items — Area B, Rooney Ranch PAD, shall be included as part of this PAD amendment. 6. The construction of theasoline sales station shall be delayed until such time that g a study of traffic flow for the First Avenue/Oracle Road intersection is complete, and staff is in aosition to recommend to Council that the placement of a gas p facilitywill not cause an unusual increase in the amount of traffic at the First Avenue/Oracle Road intersection. Appendix A: Permitted Outdoor Sales Items—Area B, Rooney Ranch PAD: 1. Plants, shrubs and trees. 2. Outdoor patio furniture 3. Picnic tables 4. Gardening tools 5. Power tools 6. Consumer electrical appliances, not to include heavy equipment 7. Lawn and gardening equipment 8. Paving stones, and other hard landscaping materials, as incorporated into a landscape display presentation only. 9. Gas ranges, BBQ's, etc. 10. Seasonal items 11. Rugs 12. Other analogous Items Mayor Loomis offered the following amendments to the motion: 1. "Outdoor sales" be changed to "Outdoor displays." 2. Outdoor displays will not be allowed within 6 feet of the doors. 3. Add the word "only"to Item 8 4. Add a limitation to the overall height of the bell towers to 45 feet. The amendments were accepted. Discussion followed regarding the items as listed for outdoor display sales. It was the consensus of the Council that they should not get involved in the marketing strategies of Home Depot and should allow Appendix "A" to remain intact as presented. CALL FOR THE QUESTION: Motion carried, 4— 1, with Mayor Loomis opposed. 11/04/98 Minutes, Regular Council Session 10 5. OV12-98-10 RANCHO VISTOSO NEIGHBORHOOD 11, PARCEL AF, LOTS 1-68, COMMON AREAS A & B FINAL PLAT (PROPERTY LOCATED ON THE WEST SIDE OF VISTOSO HIGHLANDS DRIVE AND BORDERED BY THE GOLF CLUB AT VISTOSO, HOLES 1, 2, AND 3 ON THE OTHER THREE SIDES) Community Development ment Director Don Chatfield stated that the request for approval of a finalp lat in Rancho Vistoso Neighborhood 11, Parcel AF. He reported that the development includes 68 single family residential lots, with common areas, one of which is a recreation area. Mr. Chatfield stated that staff recommends approval of the final plat with the condition as listed in Exhibit "A" finding the plat to be in compliance with the General Plan, Medium High Density Residential development standards of the Rancho Vistoso PAD and the Zoning Code Revised Final Plat requirements. MOTION: Council Member Skalsky MOVED to approve OV 12-98-10, Rancho Vistoso Neighborhood 11, Parcel AF, Lots 1-68 and Common Areas A & B, Final Plat with the condition attached as Exhibit"A". A) 1. If approved, all established conditions in the PAD Amendment for this project regarding the reduced 10-foot front setback for houses and 20-foot front setback g g for garages shall be stated in the general notes. Council Member Johnson SECONDED the motion. Motion carried, 5 —0. 6. DIRECTION TO TOWN STAFF REGARDING SELECTION OF PREFERRED OPTION FOR ALTERNATIVE WATER RESOURCES Water Utility Director David Hook stated that staff is requesting direction from Council regarding selection of preferred options for alternative water resources. The Water g g Utility Commission (WUC) has recommended Option B (Ina Road Reclamation System) as thep referred option. Mr. Hook stated that staff fully supports the Commission's p recommendation and also has requested direction from Council to: 1) respond to the City of Tucson's counterproposals as suggested by the WUC, 2) aggressively pursue Option B as the preferred alternative for implementation in the near term, 3) ensure maximum flexibility in the design of Option B infrastructure to fit future conditions, 4) evaluate cost effectiveness ofroviding capacity for all turf uses, 5) monitor the status of Options A, C, p & D in the event one becomes viable, and 6) report back to Mayor and Council quarterly with clarification and progress updates. Council Member LaSala commended staff, the Water Utility Commission and the present andp ast Councils for all their years of work. He stated that the Town is actually at a point to move forward. MOTION: Council Member LaSala MOVED to direct staff to prepare a response to the City of Tucson's counterproposal and pursue Option B as per staff 11/04/98 Minutes, Regular Council Session 11 recommendations #1 — 6 and that the Town seriously consider storm water options in the planning. RECOMMENDATIONS 1 —6: 1) Respond to the City of Tucson's counterproposals as suggested by the WUC, 2) p aggressivelypursue Option B as the preferred alternative for implementation in the near term, 3) ensure maximum flexibility in the design of Option B infrastructure to fit future conditions, 4) evaluate cost effectiveness of providing capacity for all turf uses, 5) monitor the status of Options A, C, & D in the event one becomes viable, and 6) report back to Mayor and Council quarterly with clarification and progress updates. Council Member Skalsky SECONDED the motion. Motion carried, 5 —0. Vice Mayor Parisi and Council Member Skalsky thanked Council Member LaSala for his comments and commended him for his work with the Water Utility Commission. 7. ORO VALLEY PROCLAMATION TO SUPPORT THE AMERICAN CANCER SOCIETY'S GREAT AMERICAN SMOKEOUT Vice Mayor Parisi stated that November 19th is the Great American Smoke Out sponsored by the American Cancer Society. He said that it was important that the Town of Oro Valley set the pace and set a good example for the youth. MOTION: Vice Mayor Parisi MOVED to approve the Mayor's Proclamation designating November 19, 1998 as the American Cancer Society's Great American Smokeout. Council Member LaSala SECONDED the motion. Motion carried, 5 —O. Mayor Loomis read the Proclamation declaring November 19, 1998 as the American Cancer Society's Great American Smokeout. TOWN MANAGER'S REPORT Town Manager Chuck Sweet reported that a group of citizens is being brought together to commence thep lanning of the Town's 25th Anniversary. He stated that they would appreciate Council's comments as the process moves forward. ENGINEER'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. 11/04/98 Minutes, Regular Council Session 12 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Community Development ment Director Don Chatfield stated that an Interim Building Official has been secured and he will be working with staff for two days a week until the permanent position is filled. POLICE CHIEF'S REPORT Police Chief Wolff reported that on Friday, November 6th, the Sixth Citizen's Academy will be graduating. The graduation will be held in the Town Council Chambers. COUNCIL COMMITTEE REPORTS Council Member Johnson stated that data is being collected regarding garbage collection services in order to move forward with a Request for Proposals if the Council so chooses. CALL TO AUDIENCE No speakers. ADJOURNMENT MOTION: Council Member Johnson MOVED to adjourn at 9:35 p.m. Council Member Skalsky SECONDED the motion. Motion carried, 5 —0. Respectfully submitted, Roxana Garrity,Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular/special session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 4th day of November, 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 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 18, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: Shirley Gay, Assurance Clerk SUBJECT: Substitute Assurance Agreement between Richmond American and Fidelity National Title Agency Corporation as Trustee of OV12-96-02C Rancho Vistoso Neighborhood 2 Phase 2 SUMMARY: Richmond American Homes, Inc. has requested approval of a Substitute Assurance Agreement for OV 12-96- 02C Rancho Vistoso Neighborhood 2 Phase 2 lots 116, 117, 181 thru 195, 319 thru 329. This agreement is being substituted because Richmond American is purchasing these lots from Woodside Homes. RECOMMENDATIONS: Staff has no objections to this request. SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve OV 12-96-02C Rancho Vistoso Neighborhood 2 Phase 2 Substitute Assurance Agreement OR I move to deny OV 12-96-02C Rancho Vistoso Neighborhood 2 Phase 2 Substitute Assurance Assurance Agreement. ATTACHMENTS: Substitute Assurance Agreement / AIL . ' s Plannin: : d Zoning A inistrator /1 Co'-. i u ity Dev•Fi nt Director ‘4,,t,_ 4/ .41, /' 4 Town Manag.r F:\INDIVID\SAG\Tccrel.doc SUBSTITUTE ASSURANCE AGREEMENT FOR COMPLETION OF SUBDIVISION IMPROVEMENTS BY THIS AGREEMENT made and entered into the day of , 19 , between RICHMOND AMERICAN HOMES OF ARIZONA, INC., a Delaware corporation, (referred to in this Agreement as "Subdivider"); Fidelity National Title Agency, Inc., an Arizona corporation, as Trustee under Trust No. 10,943 (referred to in this Agreement as "Trustee"); and the TOWN OF ORO VALLEY, a municipal corporation, (referred to in this Agreement as "Town"), hereby confirm and agree as follows: 1.01 Trustee, pursuant to the land trust agreement described I Exhibit "B" is the owner of a certain parcel of land described in Exhibit "A", which is located in the Town of Oro Valley, Pima County, Arizona. 1.02 The parties to this Agreement which to establish specific terms, conditions and guidelines for compliance with the provisions of ARS Section 9-463.01 (C) (8) and Chapter 4, Article 4 - 9 of the Oro Valley Zoning Code Revised. II AGREEMENT 1.03 In consideration of the Town approving a final plat for the property described in Exhibit "A", commonly referred to as Subdivision Name RANCHO VISTOSO NEIGHBORHOOD 2, Phase 2, Lots 116, 117, 181 thru 195, 319 thru 329, Oro Valley Case No. OV 12-96-02C, the Trustee and subdivider specifically agree to all those conditions and requirements set forth herein. 2.01 Property Description: The property which is the subject matter of the Agreement is all that property described in Exhibit "A", which is annexed to and made a part of this Agreement. 2.02 Assurances. Pursuant to the requirements of ARS Section 9-463.01(C) (8), Agreement A reement is submitted as an assurance for the completion of subdivision improvements including streets, sewer, water, telephone, gas and electric utilities, drainage and flood control improvements and monuments and property corners as more fully described in Exhibit "C" attached hereto and as required pursuant to applicable Federal, State, County and Town ordinances and regulations. These subdivision improvements are required by the Town of Oro Valley, the improvement standards of the Director of Water, Pima County Wastewater Management Department, the gas and electric utilities and State Statutes and regulations, which requirements are in effect on the date of this Agreement. 2.03 Limitation on Transfer of Title. The Trustee shall not convey title to any of the property described in Exhibit "A" without obtaining prior written approval from the Town in the form of a Release of Assurance signed by the Town Engineer. The Trustee may act in full faith and reliance upon the Release of Assurance. A Release of Assurance shall only be provided the Trustee by the Town upon satisfactory completion and formal acceptance by the Town of the required improvements. The Trustee's only duty under this agreement is not to convey without first obtaining a Release of Assurances. 2.04 Contracts for Sale. The limitation on the conveyance of title contained in paragraph 2.03 notwithstanding, the Trustee may enter into contracts for sale of the property described in Exhibit "A", provided such contracts clearly state that the conveyance of title to the property is subject to the limitations contained in this Agreement. The Trustee shall, prior to entering into such contracts for sale, provide the Town with a copy of the form of contract containing the disclosure of limitation on the power to convey. 2.05 Bulk Sales. The limitation on the conveyance of title contained in paragraph 2.03 notwithstanding, the Trustee may sell and convey all of the property described in Exhibit "A" in one transaction to a single purchaser, provided that the purchaser shall, prior to conveyance, have submitted to the Town satisfactory assurances for the completion of the required improvements. 2.06 Conveyance Out of Trust for the Purpose of Encumbrance. The limitation on the conveyance of title contained in paragraph 2.03 notwithstanding, the Trustee may convey all or part of the property described in exhibit "A" to the Subdivider or Beneficiary of the Trust solely for the purpose of encumbering the property by the recording of mortgages or deeds of trust, provided the property is thereafter immediately reconveyed into the Trust. 2.07. Completion of Improvements. The required improvements shall be completed within two (2) years of the date that the Town Council approved the final plat. This period for completion of improvements may be extended subject to Town council approval and applicable Town ordinances where Subdivider is prevented from completing the improvements by act of God, strike or similar event or circumstances beyond its control or when such extension is determined to be reasonable and prudent by the Town council. Any such extension granted shall not exceed one (1) year. 2.08. Substitution of Assurances. At any time during the period described above in paragraph 2.07 for the completion of improvements (or, if such time for completion of the required improvements has been extended by subsequent agreement of the parties, at any time on or before such extended date for the completion of improvements), Subdivider or Trustee may offer substitute assurances. Such assurances shall be in a form and amount acceptable to the Town and shall be subject to review and approval by the Oro Valley Town Council. 2.09. Inspection and Acceptance of Improvements. The Town may provide for the inspection of the required improvements to insure satisfactory completion. The Town will not accept dedication of the required improvements, nor release, in whole or in part, any property subject to the Agreement until the improvements have been satisfactorily completed and accepted by the Town Engineer. 2.10. Partial Release of Assurances. The Town may provide the Trustee with a Release of Assurance for a portion of the lots created by the subdivision plat attached as Exhibit "A", provided that all of the improvements required in connection with such lots have been satisfactorily completed and accepted by the Town and provided further that such improvements can be used and maintained separately of the improvements required for the entire subdivision plat. For example, temporary cul-de-sacs should be provided for incomplete streets; water, sewer, gas, telephone and electric facilities should be capable of independent operation; and adequate access for public safety vehicles should be provided. 2.11. Failure to Complete Improvements. In the event that Subdivider fails to complete the required improvements within the period provided in paragraph 2.07 above, the parties agree that the Town may initiate a process to re-plat that portion or portions of the property described in Exhibit "A" for which the improvements have not been satisfactorily completed. The purpose of such plat initiated by the Town will be to return the property to approximately the same boundary configurations of record existing before recording of the subdivision plat described in Exhibit"A". Prior to initiating any action to re-plat the portion of property for which improvements have not been completed, the Town shall provide the Trustee and Subdivider with thirty (30) days written notice of the Town's intent to re-plat. The notification shall be sent by first class mail, shall be deemed received upon ailing and shall be sent to the following address: Trustee: Subdivider: 7750 E. Broadway, Suite B-222 7493 N. Oracle Rd. Tucson, AZ 85710 Tucson, AZ 85704 The Trustee and Subdivider, as record owner and subdivider, respectively, agree that they will execute such plat returning relevant portions of the property to approximately the same boundary configuration of record existing before recording of the plat described in Exhibit "A". The parties hereto have executed this Agreement this day of , 19 . TOWN OF ORO VALLEY a municipal corporation MAYOR COUNTERSIGNED: DEVELOPER/SUB P VI► R RICHMOND AM' ' CA.N HOMES OF ARIZONA, 'i.. . Del. e corporation By: �! r. As: ,1g J STATE OF ARIZONA ) ) ss. County of ) This instrument was acknowledged and executed before me this C.7 day of g �� (X"r-TO �� , 191c6, by C tC( 5D( who acknowledged to me to be th ' ?i Oen fJ >CfrMoi.so o'` 14,6)11 -3 or-- AeiZo4 and that as such officer, being authorized so to do, signed the name of the corporation as such officer. My Commission Expires: (Z - '3v �� Notary Public VialiliVICIN10101001•"*-1101011C4 • oZNE s).4, OFFICIAL SEAL , `Ct, MARTHA KUENHOL.-4.1 r • •- NOTARY PUBUC-ARIZONA '= R �s • ' PIMA COUNTY FIDELITY NATIONAL TITLE AGENCY, 4T'` Commission Expires 12.30-9'9 :s • .12 • INC., an Arizona corporation, as Trustee and Trust t No. 10,943, and not in its s corporate ca •ty BY: e.e4c-e__C STATE OF ARIZONA ) ) ss. County of ) This instrumen as acknowledged before me this Z1 day of cr 191 Y by ,e_---ii"/A) /94.-/v7,1/ as11 /" e.r' - of FIDELI Y NATIONAL TITLE AGENCY, INC., an Arizona corporation, and that as such officer, being authorized so to do, signed the name of the corporation as such officer. My Commission Expires: �---1 Z - 3v^ (/1 Notary Public • R cSNE sr4, OFFICIAL SEAL MARTHA KUENHO D Y rt r. NOTARY PUBUC-ARIZC:NA ►IliPIMA COUNTY My Commission Expires 12"•30-: EXHIBIT"A" LEGAL DESCRIPTION • Lots 116, 117, 181 thru 195 inclusive, 319 thru 329 inclusive, Rancho Vistoso Neighborhood 2, Phase 2, according to Book 51 of Maps and Plats, page 17, records of Pima County, Arizona. . EXHIBIT "B" WHEN RECORDED MAIL TO: FIDELITY NATIONAL TITLE AGENCY 7750 E. BROADWAY, SUITE B-222 r lT SO>>. AZ 85 710 ATTN: TRUST DEPT. DECLARATION OF TRUST AND AFFIDAVIT FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, was employed to act in a trustee capacity under its Trust No. 10,943, and hereby declares that it has acquired title to various parcels of property in the name of Trust No. 10,943. The Beneficiary (Beneficiaries) of said Trust No. 10.943 is (are): NAME: ADDRESS: RICHMOND AMERICAN HOMES OF 7493 N. ORACLE RD. ARIZONA, INC., A DELAWARE TUCSON, AZ 85704 CORPORATION Dated this 25th day of FIDELITY NATIONAL TITLE AGENCY, INC.. October, 1998. an Arizona corporation, as Trustee under Trust No. 10.94 ,...„- /1/2 •' its corporat ,capacity Ih, Sen�Or Tru Trust Officer STATE OF ARIZONA ) ) ss. COUNTY OF PIMA ) . Subscribed and sworn to before me this 26th day of October, 1998. by Kevin French. who acknowledged himself to be the Senior Trust Officer of Fidelity National Title Agency. Inc., and that he as such officer, being authorized to do so. executed the foregoing instrument for the purpose therein contained by signing_ the name of the corporation as Trustee by himself as such officer. 4 i 4- , , , .C .pazzi.si-o-u - , F-ia:IAL , ______,_f_-___ ,__,,__ ,,._ L.,, , ,, ,.. , , ,//,'.; .. .- 44114'4- �� _ . S'NAR Notary Public •_,il .;x.-` -'k+ NOTARY PUCI.IC- 1 LC+ '-A PISA cowry Vy Comm.Expres Seat 3,2C01 EXHIBIT "C" Subdivision Name: Rancho Vistoso Neighborhood 2, Phase 2 Lots 116, 117, 181 thru 195, 319-329 OV Case No. : OV 12-96-2C Trust No. : 10,943 The following improvements and conditions are made a part of the attached Assurance Agreement: 1. Streets, drainage and grading per McGovern, MacVittie, Lodge & Associates, Job No. 95151-13-25. 2. A public water system satisfactory to the Oro Valley Water Company. 3. A sanitary sewer system satisfactory to Pima County Wastewater Management. 4. A telephone distribution system satisfactory to US West Communications. 5. An electric distribution system satisfactory to Tucson Electric Power Company. 6. Fire Hydrants and other fire appurtenances satisfactory to the Golder Ranch Fire Department. 7. A natural gas distribution system satisfactory to Southwest Gas Corporation (if gas is being utilized in the subdivision) 8. Utility trenches and civil appurtenances satisfactory to the using utilities. 9. Installation of all street signs and street striping. 10. The Professional Engineer of Record shall certify, in writing that all improvements, whether private or public, have been constructed, placed, installed, etc. in substantial conformance with the approved plans for this development. Certifications, in writing, are to be received by the Town Engineer of the Town of Oro Valley prior to any request for building permits and/or final inspection and the release of assurances. Exhibit "C" - Page 2 11. The Soils Engineer of record or other Registered Professional Civil Engineer with expertise in the areas of soils engineering shall certify, in writing, that all materials utilized on this development are in conformance with the accepted plans and specifications. Certifications, in writing, are to be received by the Town of Oro Valley prior to the request for building permits and/or final inspection and release of assurances. 12. The Soils Engineer of record or other Registered Professional Civil Engineer with expertise in the area of Soils Engineering shall certify, in writing, that all soils operations for this development were performed in the Geotechnical Engineering Evaluation and any amendments thereto, by Terracon Consultants, Job No. 6396-5172, dated January 13, 1997. 13. As-built drawings shall be provided to the Town of Oro Valley Public Works Department prior to full release of assurances. T TOWN OF ORO VALLEYOUNCIL COMMUNICATION MEETING DATE: November 181998 I TO: HONORABLE MAYOR & COUNCIL FROM: Shirley Gay, Assurance Clerk SUBJECT: Substitute Assurance Agreement between Richmond American and Fidelity National Title Agency Corporation as Trustee of OV12-96-02D Rancho Vistoso Neighborhood 2 Phase 2. SUMMARY: Richmond American Homes, Inc. has requested approval of a Substitute Assurance Agreement for OV 12-96- 02D Rancho Vistoso Neighborhood 2 Phase 2 Lots 88 thru 95, 100 thru 109, 111 thru 115, and 330 thru 334. This agreement is being substituted because Richmond American is purchasing these lots from Woodside Homes. RECOMMENDATIONS: Staff has no objections to this request. SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Rancho Vistoso Neighborhood 2 Phase 2 OV 12-96-02D Substitute Assurance Agreement OR I move to deny Rancho Vistoso Neighborhood 2 Phase 2 OV 12-96-02D Substitute Assurance Agreement. ATTACHMENTS: Substitute Assurance Agreement • : 1)1L PlanninA d Zoning Ai inistrator . j ,(y Develo' 4nt Director Co'► / c/44-e- d --- Town Manage F:\INDIVID\SAG\Tccrel.doc SUBSTITUTE ASSURANCE AGREEMENT FOR COMPLETION OF SUBDIVISION IMPROVEMENTS BY THIS AGREEMENT made and entered into the day of , 19 , between RICHMOND AMERICAN HOMES OF ARIZONA, INC., a Delaware corporation, (referred to in this Agreement as "Subdivider"); Fidelity National Title Agency, Inc., an Arizona corporation, as Trustee under Trust No. 10,943 (referred to in this Agreement as "Trustee"); and the TOWN OF ORO VALLEY, a municipal corporation, (referred to in this Agreement as "Town"), hereby confirm and agree as follows: 1.01 Trustee, pursuant to the land trust agreement described I Exhibit "B" is the owner of a certain parcel of land described in Exhibit "A", which is located in the Town of Oro Valley, Pima County, Arizona. 1.02 The parties to this Agreement which to establish specific terms, conditions and guidelines for compliance with the provisions of ARS Section 9-463.01 (C) (8) and Chapter 4, Article 4 - 9 of the Oro Valley Zoning Code Revised. II AGREEMENT 1.03 In consideration of the Town approving a final plat for the property described in Exhibit "A", commonly referred to as Subdivision Name RANCHO VISTOSO NEIGHBORHOOD 2, Phase 2, Lots 88 thru 95, 100 thru 109, 111 thru 115 and 330 thru 334, Oro Valley Case No. OV 12-96-2D, the Trustee and subdivider specifically agree to all those conditions and requirements set forth herein. 2.01 Property Description: The property which is the subject matter of the Agreement is all that property described in Exhibit "A", which is annexed to and made a part of this Agreement. 2.02 Assurances. Pursuant to the requirements of ARS Section 9-463.01(C) (8), this Agreement is submitted as an assurance for the completion of subdivision improvements including streets, sewer, water, telephone, gas and electric utilities, drainage and flood control improvements and monuments and property corners as more fully described in Exhibit "C" attached hereto and as required pursuant to applicable Federal, State, County and Town ordinances and regulations. These subdivision are improvements required by the Town of Oro Valley, the improvement standards of the p Director of Water, Pima County Wastewater Management Department, the gas and electric utilities and State Statutes and regulations, which requirements are in effect on the date of this Agreement. 2.03 Limitation on Transfer of Title. The Trustee shall not convey title to any of the property described in Exhibit "A" without obtaining prior written approval from the Town in the form of a Release of Assurance signed by the Town Engineer. The Trustee may act in full faith and reliance upon the Release of Assurance. A Release of Assurance shall only be provided the Trustee by the Town upon satisfactory completion and formal acceptance by the Town of the required improvements. The Trustee's only duty under this agreement is not to convey without first obtaining a Release of Assurances. 2.04 Contracts for Sale. The limitation on the conveyance of title contained in paragraph 2.03 notwithstanding, the Trustee may enter into contracts for sale of the property described in Exhibit "A", provided such contracts clearly state that the conveyance of title to the property is subject to the limitations contained in this Agreement. The Trustee shall, prior to entering into such contracts for sale, provide the Town with a copy of the form of contract containing the disclosure of limitation on the power to convey. 2.05 Bulk Sales. The limitation on the conveyance of title contained in paragraph 2.03 notwithstanding, the Trustee may sell and convey all of the property described in Exhibit "A" in one transaction to a single purchaser, provided that the purchaser shall, prior to conveyance, have submitted to the Town satisfactory assurances for the completion of the required improvements. 2.06 Conveyance Out of Trust for the Purpose of Encumbrance. The limitation on the conveyance of title contained in paragraph 2.03 notwithstanding, the Trustee may convey all or part of the property described in exhibit "A" to the Subdivider or Beneficiary of the Trust solely for the purpose of encumbering the property by the recording of mortgages or deeds of trust, provided the property is thereafter immediately reconveyed into the Trust. 2.07. Completion of Improvements. The required improvements shall be completed within two (2) years of the date that the Town Council approved the final plat. This period for completion of improvements may be extended subject to Town council approval and applicable Town ordinances where Subdivider is prevented from completing the improvements by act of God, strike or similar event or circumstances beyond its control or when such extension is determined to be reasonable and prudent by the Town council. Any such extension granted shall not exceed one (1) year. 2.08. Substitution of Assurances. At any time during the period described above in paragraph 2.07 for the completion of improvements (or, if such time for completion of the required improvements has been extended by subsequent agreement of the parties, at any time on or before such extended date for the completion of improvements), Subdivider or Trustee may offer substitute assurances. Such assurances shall be in a form and amount acceptable to the Town and shall be subject to review and approval by the Oro Valley Town Council. 2.09. Inspection and Acceptance of Improvements. The Town may provide for the inspection of the required improvements to insure satisfactory completion. The Town will not accept dedication of the required improvements, nor release, in whole or in part, any property subject to the Agreement until the improvements have been satisfactorily completed and accepted by the Town Engineer. 2.10. Partial Release of Assurances. The Town may provide the Trustee with a Release of Assurance for a portion of the lots created by the subdivision plat attached as Exhibit "A", provided that all of the improvements required in connection with such lots have been satisfactorily completed and accepted by the Town and provided further that such improvements can be used and maintained separately of the improvements required for the entire subdivision plat. For example, temporary cul-de-sacs should be provided for incomplete streets; water, sewer, gas, telephone and electric facilities should be capable of independent operation; and adequate access for public safety vehicles should be provided. 2.11. Failure to Complete Improvements. In the event that Subdivider fails to complete the required improvements within the period provided in paragraph 2.07 above, the parties agree that the Town may initiate a process to re-plat that portion or portions of the property described in Exhibit"A" for which the improvements have not been satisfactorily completed. The purpose of such plat initiated by the Town will be to return the property to approximately the same boundary configurations of record existing before recording of the subdivision plat described in Exhibit"A". Prior to initiating any action to re-plat the portion of property for which improvements have not been completed, the Town shall provide the Trustee and Subdivider with thirty (30) days written notice of the Town's intent to re-plat. The notification shall be sent by first class mail, shall be deemed received upon ailing and shall be sent to the following address: Trustee: Subdivider: 7750 E. Broadway, Suite B-222 7493 N. Oracle Rd. Tucson, AZ 85710 Tucson, AZ 85704 The Trustee and Subdivider, as record owner and subdivider, respectively, agree that they will execute such plat returning relevant portions of the property to approximately the same boundary configuration of record existing before recording of the plat described in Exhibit "A". The parties hereto have executed this Agreement this day of , 19 . TOWN OF ORO VALLEY a municipal corporation MAYOR COUNTERSIGNED: DEVELOPER/SU. IIV ThER RICHMOND A RI AN HOMES OF ARIZONA � a Ddlaware corporation /t Alegi , d By: As: STATE OF ARIZONA ) ) ss. County of ) This instrument was acknowledged and executed before me this Z`7 day of cc _-rc rL , 1961 -, by 12'CiC t)o :RC 1r?/aS who acknowledged to me to be the (KiC"i of ek.c Ptrei C re k C E (NC , and that as such officer, being authorized so to do, signed the name bf the corporation as such officer. My Commission Expires: la _ c tj Notary Public tiny r r��, OFFICIAL SEAL : .r-- MARTHA KUENHOLD5 • r. NOTARY PUBLIC-ARIZONA FIDELITY NATIONAL TITLE AGENCY PIMA COUNTY ���a My Commission Expires 12-30-99INC., an Arizona corporation, as Trustee Y. q12 � � • , �' '`' t«�� w`��" under Trust No. 10,943, and not in its corporate cap, ity By: STATE OF ARIZONA ) ) ss. County of 4/it( This instrument as acknowledged before me thisII7da of 0f" 1�� , by 1- -7-P/-,,/ as Gzr/' of FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, and that as such officer, being authorized so to do, signed the name of the corporation as such officer. My Commission Expires: Notary Public .)0' 1� OFFICIAL SEAL t MARTHA KUENHOLD1 H `' �� r NOTARY PUBLIC-ARIZONA ,r �� l0 u�'r'• a PIMA COUNTY `� �� My Commission Expires 12-30-99 11,1 EXHIBIT "A" LEGAL DESCRIPTION Lots 88 thru 95 inclusive, 100 thru 109 inclusive, 111 thru 115 inclusive and 330 thru 334 inclusive, Rancho Vistoso Neighborhood 2, Phase 2, according to Book of Maps and Plats, page , records of Pima County, Arizona. EXHIBIT "B" WHEN RECORDED MAIL TO: FIDELITY NATIONAL TITLE AGENCY 7750 E. BROADWAY. SUITE B-222 T L:Lr 3 _ , t Z ,(357110 ATTN: TRUST DEPT. DECLARATION OF TRUST AND AFFIDAVIT FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation. was employed to act in a trustee capacity under its Trust No. 10,943, and hereby declares that it has acquired title to various parcels of property in the name of Trust No. 10,943. The Beneficiary (Beneficiaries) of said Trust No. 10.943 is (are): NAME: ADDRESS: RICHMOND AMERICAN HOMES OF 7493 N. ORACLE RD. ARIZONA, INC., A DELAWARE TUCSON, AZ 8 704 CORPORATION Dated this 25th day of FIDELITY NATIONAL TITLE AGENCY, INC.. October. 1998. an Arizona corporation. as Trustee under Trust No. 10.943, and not ' its corporat ; apacity By: • - / ein French, Sen-6r Trust Officer STATE OF ARIZONA ) ) ss. COUNTY OF PIMA ) Subscribed and sworn to before me this 26th day of October, 1998, by Kevin French, who acknowledged himself to be the Senior Trust Officer of Fidelity National Title Agency. Inc., and that he as such officer, being authorized to do so. executed the foregoing instrument for the purpose therein contained by signing_ the name of the corporation as Trustee by himself as such officer. MyC1,rc - •• / _ • I OFFICIA..SEAL SUELLA S'NAR Notary Public NOTARY PUet C-ARfZC p!MA cowry a,y Comm.Expires 3,2001 EXHIBIT "C" Subdivision Name: Rancho Vistoso Neighborhood 2, Phase 2 Lots 88-95, 100-109, 111-115, 330-334 OV Case No. : OV 12-96-2D Trust No. : 10,943 The following improvements and conditions are made a part of the attached Assurance Agreement: 1. Streets, drainage and grading per McGovern, MacVittie, Lodge & Associates, Job No. 95151-14-25. 2. A public water system satisfactory to the Oro Valley Water Company. 3. A sanitary sewer system satisfactory to Pima County Wastewater Management. 4. A telephone distribution system satisfactory to US West Communications. 5. An electric distribution system satisfactory to Tucson Electric Power Company. 6. Fire Hydrants and other fire appurtenances satisfactory to the Golder Ranch Fire Department. 7. A natural gas distribution system satisfactory to Southwest Gas Corporation(if gas is being utilities in the subdivision). 8. Utility trenches and civil appurtenances satisfactory to the using utilities. 9. Installation of all street signs and street striping. 10. The Professional Engineer of Record shall certify, in writing, that all improvements, whether private or public, have been constructed placed, installed, etc. in substantial conformance with the approved plans for this development. Certifications, in writing, are to be received prior o any request for building permits and/or final inspection and the release of assurances. Exhibit"C" - Page 2 11. The Soils Engineer of record or other Registered Professional Civil Engineer with expertise in the areas of soils engineering shall certify, in writing,that all materials utilized on this development are in conformance with the accepted plans and specifications. Certifications, in writing, are to be received by the Town of Oro Valley prior to the request for building permits and/or final inspection and release of assurances. 12. The Soils Engineer of record or other Registered Professional Civil Engineer with expertise in the are of Soils Engineering shall certify, in writing, that all soils operations for this development were performed in accordance with the recommendations as set forth in the Geotechnical Engineering Evaluation and any amendments thereto, by Terracon Consultants, Job No. 6396-5172, dated January 13, 1997. 13. As-built drawings shall be provided to the Town of Oro Valley Public Works Department prior to full release of assurances. COUNCIL COMMUNICATION TOWN OF ORO VALLEYMEETING DATE: November 18, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Shirley Gay, Assurance Clerk SUBJECT: OV12-93-4 Canada Hills Estates Phase 4 Lots 55-78 Request for Substitute Assurance Agreement SUMMARY: Paul Bowen, Canada Hills Development Company, requests approval to post a bond in the amount of $455,407.00 RECOMMENDATIONS: Staff has no objections to this request SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve OV 12-93-4 Canada Hills Estates Phase 4 Lots 55-78 a bond in the amount of $455,407.00 in lieu of a third party trust agreement. Or I move to deny OV 13-93-4 Canada Hills Estates Phase 4 Lots 55-78 a bond in the amount of $455,407.00 in lieu of a third party trust agreement. ATTACHMENTS: Bond in the amount of$455,407.00 and construction costs estimate. iADL a.., . Plannill nd Zoning A inistrator II Co 'ty Devel'j nt Director 2zi4j. Town Manage F:\individ\sag\assur\tccrel Bored# 158355466 SUBDIVISION IMPROVEMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we Harvard Investments, Inc. , as principal, and American Casualty Company of Reading, Pennsylvania a corporation created, organized and existingunder and byvirtue of the laws � g of Pennsylvania , and licensed to do business in the State of Arizona, as surety, are held and firmly bound unto the Town of Oro Valley, Arizona in the sum of $455,407.00 �� thepayment of which well and trul be made we bind dollars, y to , ourselves, our heirs, executors and successors,jointly and severely, firmly by these presents. WHEREAS, IT IS PROPOSED BY Harvard Investments, Inc. TO MAKE CERTAIN IMPROVEMENTS IN A PLAT KNOWN AS Canada Hills Estates, Phase 4 AS FOLLOWS: 24 Lots, OV12-93-4 Per schedule of engineer cost estimate. (nature of improvements). The condition of this obligation is such that if the principal, his or its heirs, executors or administrators, or successors, or assigns shall faithfully and truly comply with the obligations described above, to the satisfaction of the Town of Oro Valley, Arizona, then this obligation shall become null and void, otherwise it shall remain in full force and effect. Bond# 158355466 The term of this bond shall begin upon the date of filing and shall remain in effect until the completion of the work to the satisfaction of the Town of Oro Valley Engineer. In the event of failure to complete the work and/or failure to comply with all of the conditions and terms of the permit, the Town of Oro Valley Engineer may order the work required to be completed to his satisfaction. The surety shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or extended by Town of Oro Valley in causing any and all such required work to be done. SIGNED SEALED AND DATED THIS 29th DAY OF October, 19 98 Harvard Investments, Inc. 2425 E. Camelback Road, Ste. 900, Phoenix, By Principal (Name - Address) AZ• 85016 Title American Casualty Company of Reading, PA. P.O. Box 29242 Phoenix, AZ. 85038 By ,_. )(,..%)./111 Surety (Name - Address) (Attorney-In-Fact) Robert P. Shanahan, Jr. ACCEPTANCE, TOWN OF ORO VALLEY: By POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CNA Surety Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint Robert P.Shanahan,Jr., Kathryn Kessler Allen, Diane Cawley, Individually of Phoenix,Arizona their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 10th day of July , 1996 10°14"RACAsUirr4)' CONTINENTAL CASUALTY COMPANY I; ' 44 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 41 r, AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA ar �_�:~��- �? otoRroRgTeo oi i JuLY 31,vY �. %.44. 1902 (') 41---4b 1897 •me 40* M.C.Vonnahme Group Vice President State of Illinois, County of Cook,ss: On this 10th day of July , 1996 , before me personally came M.C.Vonnahme ,to me known,who,being by me duly sworn,did depose and say:that he resides in the Village of Darien , State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. #0', NOTARY . PUBLIC C7./e*.v.idtd (,,f• argo,...4___ wok co.. My Commission Expires October 19, 1998 Linda C. Dempsey Notary Public CERTIFICATE I,John M. Littler ,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 29th day of October , 1998 nit, 40 c� CONTINENTAL CASUALTY COMPANY 4 , _ NATIONAL FIRE INSURANCE COMPANY OF HARTFORD ,� � AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA p Eo 1��( 9J M. i -1,, NJ • _____ John M.Littler Assistant Secretary (Rev.7/14/95) Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3.Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors, may,at any time,revoke all power and authority previously given to any attorney-in-fact. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI—Execution of Obligations and Appointment of Attorney-in-Fact Section 2.Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any tin, revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint, by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." TOWN OF ORO VALLEY 0 i t,,; 9' COMMUNITY DEVELOPMENT DEPARTMENT • Building Safety • Parks and Recreation • Planning and Zoning • Transit Services A °"-p . � � � September 23, 1998 °UNDED" Paul A. Bowen, General Manager Canada Hills Land Development, L.L.C. 960 West Soft Wind Place Oro Valley, AZ 85737 Re: Canada Hills Estates, Phase 4 OV12-93-4 Construction Assurances Bond Dear Mr. Bowen: Engineering staff has reviewed the scope of work and bid estimate provided by Borderland Construction Company, Inc. dated September 1, 1998. The following items have been identified to be included in a construction bond for this project: I. Earthwork $114,905.00 II. Sanitary Sewer 53,145.74 III. Public Water 53,874.70 IV. Utilities 31,485.50 V. Drainage 22,317.50 VI. Paving 103,777.40 Total estimate $379,505.84 X 120% Total Construction Bond Required $455,407.00 The above bond amount is for the private street improvements only. An additional bond to be established by the Town of Oro Valley Public Works Department will be required for the Naranja Drive construction improvements. Please call if you have any questions regarding the above information. Sincerely, // (2/ Susan B. Russell Civil Engineering Designer t, Canada Hills Development ____ 2425 E. Camclback Road, Suite 900 Phoenix,dna 85016 (6D2)956-0446 Far (602)957-0722 FAX TRANSMISSION COVER SHEET Date: cj- 14 -9$ To: 5 ! I Z"-One.t1 Fes: 5,2C- 797-.�,2 C7' ... Re: Corada1/ills rgia-71e-r, Phase i;C Sender i4C2u i caeocz e n YOU SHOULD RECEIVE 2,2_FAGE(S). INCLUDING THIS COVER SHEET. IF YOU DO NOT REf'FIUEr1LL THE PAGES, PLEASE CALL (602)956-046 . 2citC i ILI )0,4 er 10 136?,v/al I/00K \..L,r- cbL ;4Je 4r2' S c-. ./7,,r,d4,. )J ;/Js E çQJe S. PAQse 4._ D V 1 -- 9 3 - 4 I4H !S f ti Thd 11[!ii*Ytialli 1 15 Lind Development September 9, 1998 Town of Oro Valley Dept of Public Works 680 W. Calle Concordia Oro Valley, AZ 85737 Attention: Mr. David Hook, F.E. Re: Canada Hills Estates Phase 4 Lots 55-78 Substitute Assurances 0V12-93-4 Dear David, Canaria Hills Land Development, L.L.C. would like to post a bond for construction of the above referenced project. This bond would be a substitute assurance for the third party crust agreemern that currently encumbers these lots. In lieu of an Engineer's Cost Estimate, I've enclosed a copy of the actual contract with Borderland Construction Company to build out this project. Please review ani let me l tow what the actual bond amount win be and I will have our bonding company issue it as soon as possible. We understand that this bond will have to be approved by the Town Council prior to release of die assurances. The landscaping and restoration Letters of Credit have already been posted with the Town. If you have any questions, please feel free to call me. Sincerely, CANADA HILLS LAND DEVELOPMENT, L.L.C. Paul A. Bowen General Manager PAB:jam Enclosure cc: Shirley Gay 960 West Sot W;nd Fb ce ' Oro Va112v, AZ E5737 • f 520) 742-1171 • Fax (520)544-3513 .: L. NARANJAORJVESECTZCNII ~T....w._5211.1......2b37.9t_...,�1 11111611111111 IP II II iii NEM •NM=III•=MIN•mini III II NM= I �- B CHMARK 11111 7' 0 1 Ian W CORNER ... � 4 P4.1p4 osa . FND. 1/: x.27 W. I SECTION 11 i FNO. ctQB.a z�Q� LLI I p 474,, 44 65 i CT b*: 4 - ......, I irk? ;-.` la 1 ill tilic 70 5, • C:: 1Z Ailli►- DREA 'z il UNSt18D1 VIdED �.� In • .., t �:4; 1-'�C.7 b � u�'3 iicr E. TO (,) 12 r 47 '7 -447. 33 `'Uz��• a leimai. ---- STARS Q � INIO SS ,i tw \ SS illtr "--.. ' 95 " 47 ii/h22 5- 11:110/1 5° BROKE till 96 1 E I is 4 E R - •1 5 1 I 1 1" 9 7 SECTION » AOCOMPUTEL CD I" . i � \os 90 ,1 T. SOFT itix99 i POSITION 1?c" V. us ."1213 \164 I° HE 105 5111. 1Lgivii SUMME UMW. � . �' � �t . . ,�r,. $ 16$ 4".' 113 5, WS la N.... .'d.1.0.00...1* fel taa ai UPI ig2 dir 1 lab I 123 126 tn ROCKY. ELOPE PLACE �:., el . Na1 , S Z k''' UNSiIPDI VIDID �� N - ri,....j.=....0 A.... ...............................,............. ....=..........i........................' ...............................b....mmmmgip.71711111M1111MMIP• liBeirlidierill .. ' l'i . IIMINIIIIIMNIM &ORDERL\ND CONSTRUCTION COMPANY, INC. • POST OFFICE BOX 27406 . TUCSON. ARIZONA 85726-7406 400 EAST 38TH STREt=i + TUCSON, .ARIZONA 85713 • (520) 623-0900 • FAX (520) 623-0232 AZ Contractzrs License Nos. 0708E8-002A • 045027.0078-04 EXHIBIT "A" September 1, 1998 Mr. Paul Bowen Canada Hills Development 960 W. Soft'Mnd Place Tucson, AZ 85737 Reference: Canada Hills Estates, Phase 4 Dear Mr. Bowen: • We have completed our review of the plans for the above referenced project and have prepared the following estimate. Our supe of work and bid estimate are as follows: LEARTHWORK ,..g 1.___Remova 1 LS la 492.00 = $ 492.00 - LRetainin _-lig 1 LS 47,000.00 = 47,000.00 i U �' 218.00 = 15,525.00 �� 3. Clear&Grub 7 AC 2. 4. Excavation 23585 CY 0 2.20 = 51,887.00 Subtotal $ 114,905.00 11. SANITARY SEM 1. 8"SDR-35 Main 17 IF @ 5 14.50 = $ 25,389.50 2. 4" H.C.S. Z1 7 EP EA gg 370.00 = 9,250.00 3. 4'Diameter Manhole, Ring &Cover I EA @ 1,595.00 = 15,950.00 4. Tie to Existing 1 EA 0 500.00 = 500.00 5. Remove &Replace Pavement I LS 760.00 A 760.00 Subtotal 51,849.50 6. 2 112% Inspection Pee1,296.24 Subtotal $ 53,14-0.7-4- 111, 3.14.7f, PUBLIU/ATES 1. 8"0-900 Main 1973 LF c $ 13.90 = $ 27,424.70 2. 6" C-900 Main 45 LF IQ 12.00 = 540.00 3, 4"C-900 Main 395 IF (29.00 = 3,555.00 4. 12"x 8"T.S.Valve, Box&Cover 1 EA @ 1,7090.000 = 1,700.00 5 8"Valve, Box&Cover 3 EA 510.00 = 1,530.00 6"Valve, Sox&Cover 4 EA 40.00 = 1,600.00 ,-, U�� � = 475.00 . ''� 2" 475.00 f" , ,,fye.'�� 7. Drain Valve Assembly 1 EA � ��oo.�o Uc1,�UO.QO - $, Fire hydrant � 9. 314"Air Release Valve 3 EA @ 500.00 = 1,500.00 l 'e°,i I f--" iii VI\ 1-''\ 900 M � . Vi\111(0-1 ," 9/ V 4 Canada Hills Estates, Phase 4 -September 1, 1998 Page 2 of 3 lifiatalLaRATER trdS211fla 71.7 3go.0o = �o.ao 10. 3/4" Irrigation Service, No Meter/Bkfl I EA iC2.5>EA 375.00 = 9,375.00 11117 �d11. 1 Sin ie dery� Existing . 1 ��_ �► 525.00 = 525.00 12. Connect to . . 760.00 13. Remove &Replace Pavement 1 LS 760.00 =Subtotal $ 53,874.70 JJJJJLITIES 1. Utility Trench Excavation 3500 LF (0 $ 1.60 = 5 5,800.00 � 1.75 = x,125.00 2. Utility Trench Backfill 3500 LF 6 3. Qirc Transformer Pad 9 EA ( 50.00 - 450.00 4. 4" Sleeving100 LF 4 3.50 = 350.00 5. 5" Steel Riser 1 EA @ 1150.00 = 1,150.00 Run 2370 LF' 3.85 = 8,650.50 6. 5" �8 120 Duct Ru • 7. Sub Surface Pedestals 4 EA @ 240.00 = 960.00 • 8. $R225 Pulibox _Type A 2 EA f 3750.00 = 7,500.00 1 LS [ 700.00 9. Naranja Crossing = 700.00-,- -- Subtotal 5 31,485.50 V. 0RAIN&Q 1• 24" R.C.P. 24040 125 LF ( $ 49.80 = $ 6,225.00 Dumped RipRap2200 SF @I 1.50 = 3,300.00 2. , 3.75 = 8,362.50 3. Grouted Rip Rap w/Cow 2230 SF 4. Grade for Bank Protection 4430 SF ( 1.00 = 4,430.00 Subtotal $ 22,317.50 VI. PAVIN 1. Subgrade Preparation 7856 SY at $ 1.00 = $ 7,855.00 2. 2"AC 14"ABC 7655 SY @I 5.90 = 46,350.40 Curb, Tamed 4950 L. @ 6.00 = 29,700.00 3, 14"Vertical 4. Cut& Backfill Curb 4950 LE igg 1.60 = 7,920.00 5. Street Signs 10 EA @ 185.00 = 1,650.00 Ii� ' Manhole, Ring&CarerCIfIIIIEA 200.00 = 2,200.00 G. must 100.00 = 1,000.00 1 7 / I 7. Adjust Tatar Valve, Box&Cover 1 EA 73.00 = 1,200.00 8. Survey Monument 16 EA 9. 6"x 12"Concrete Header 126 LF I 11.00 = 1,386.00 3 EA 150.00 = 450.00 10. Miscellaneous Signage = 4,065.04 11. Barricade Raging 271 15.00 _ 0 Subtotal $ 103,777.40 VII. Off_ 1. Removals 1 SY @ 5 3900.00 = $ 3,900.00 2. Clear&Grub AC Ott 2218.00 = 4,436.00 (Balanced Site 2400 CY © 4.00 = 9,600.00 3. Excavation } - 2,806. 0 X7'0 3Y 1.�t? 4. suograce Preparation 1C • Canada Hills Estates, Phase 4 . • 'September 1, 1998 Page 3 of 3 1870 SY @ 10.00 = - 18,700.00 5. 2"AC 1 9"ABC 6. 1"AC Overlay 1870 SY @ 1.90 x 3,553.00 3290 SY C .25 = 822.50 7. Shouldering LF @ 45.00 = 1,800.00 30" CMP 40 8. � LS � 1800.00 = 1,800.00 10.9. Concrete Headwall3000.00 � 3,000.00 Traffic Control 1 LS Subtotal $ 50,416.50 SUMMARY $ 114,905.00 I.. Earthwork53,'t 45.74 f I. Sanitary Sewer 53,874.70 III. Public Water 31,�85.5fl IV. Utilities 22,317.50W• Drainage 103,777.40 VI. Paving , . VII. Off-Sitesa416 50 Naranjo Rd. _ .,..50 Subtotal S 429,922.34 Sales Tax(Town of Oro Valley) 1$,581.47-- Total $ 449,453..81 engineering, testing, staking, surveying, landscaping, all special dirt work, and any We exclude all eng� �, OJ 9 item not specifically listed above. Please consider this bid to be inclusive of ail parts. Borderland Construction thanks you for the opportunity to bid this job. Should you have any questions, please call me at 623-0900. Sincere Y, � 1 Rand 1ph J. Davis Sr.Vice President RJD/ga E TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 18, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Steven Faaborg, Civil Engineering Technician SUBJECT: Request from Mr. 8c Mrs. Joe Beningo for a temporary waiver of the no access easement to their property from Silverleaf Drive. Their lot (lot 233 of Copper Creek II) fronts on Wheatgrass Place SUMMARY: Staff received a request from Tucson Pools on behalf of Mr. and Mrs. Benigno to obtain temporary relief from the no access easement on their lot along Silverleaf Drive. The Benigno's wish to construct a pool in their back yard, and have applied for a building permit to do so. That application is presently under review by the Building Codes and Planning and Zoning staff. Landscaping, vegetation and trees, along with narrow and sloped side yards hinder access from the front to the back of the lot. The Benigno's would remove a section of the wall along Silverleaf Drive to provide access. The opening in the wall would be sealed off during periods when construction is not under way. Upon completion of the project, the wall and right-of-way would be restored to their pre-construction condition. The Benigno's have sought and obtained the support of the Copper Creek Architectural Review Committee. Waivers to the no access easements in Copper Creek have been granted in the past, including one a couple of years ago to a neighbor of the Benignos. ATTACHMENTS: Letter from Copper Creek Homeowner's Association, letter from Tucson Pools, site plan for pool. FISCAL IMPACT: None RECOMMENDATIONS OF STAFF: Given the circumstances of this request, staff recommends approval subject to: 1. The Benigno's obtaining a Right-of-Way Use Permit from the Department of Public Works. 2. Access is used only for the purpose of pool construction. 3. A letter of approval from the Copper Creek Homeowner's Association shall be provided. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 SUGGESTED MOTION: I move to approve Mr. and Mrs. Benigno's request for temporary access from Silverleaf Drive to lot 233 in Copper Creek II subject to staff recommendations#1, 2 and 3 above. or I move to deny Mr. and Mrs. Benigno's request for temporary access from Silverleaf Drive to lot 233 in Copper Creek II. ll ent #ad Town Manager Sent By: _EWIS MANAGEMENT R`' 5207421523' Nov-12-98 14:28; Page 1 /2 To: CRC ` ALLE`�(FUBLI At: 797-2202 A11111"0111ir 311 Association Management by � LLVIR Lewis Managment Resources, Inc. 7925-A N. Oracle Road, #391 Tucson, AZ 85704-6356 COPPER Phone: 742-5674 —7°7( Fax: 742-1523 November 12, 1998 s ./,,,,,,:;,, \‘17('/C5-41—'(115).- /7 "'r' : Mr. and Mrs. Joe Benign° �� 981 W. W}neat Grass Oro Valley, AZ85737 of Air j7 CP a Swimming Pool Installation RE : Four Request for Approval ,/- ' 6acje://19/ r Dear Mr. and Mrs. Benigno: / Tha ' requesting approval to install a swimming pool in your rear yard.��c you for your submittal req � PP Please be advised that, on November 12, 1998, the Copper Creek Architectural Committee approvedyour request uest with the following standard conditions: q 1. The swimmingpool, and related appurtenances, i.e. mechanical equipment, any wall and opaque etc., must be totally screened from view by your privacy slides, g ates. No portion of the pool, or related equipment may be taller than the surrounding wall. Oro Valleyregulations must be met as they may pertain �., All applicable Town of contact to safety measures and setbacks for pools from property lines. Please co the Oro Valley Building'ldin Codes Department, 797-9797, for further information. 3. Any damage to the curb or sidewalk must be repaired within 24 hours of the occurrence of the damage. 4, All construction debris must u t be contained on the property and removed from it in a timely mariner. filtration system requiring 5. If your pool will have a periodic backwashing, please y be advised that the Town of Oro Valley has ordinances regarding discharge of pool water into the streets and/or protected natural areas. must be removed to provide access to the rear yard, 6. If a section of privacy wall it must be replaced, and finished to match existing, upon completion of the project. 7. There shall be no trespass adjacentproperties onto ato gain access to the Tear yard. Sert By: ,..E01:8 MANAGEMENT Rte; 5207421523; Nov-12-98 14:29 Page 2/2 Page 2 the Town of Oro Valley grantingaccess from �. This approval �� contingent uponSi1verleat. If denied, alternateaccess plan is required.a resubmittal, including an Please acknowledge your receipt and acceptance of the conditions of pool installation and return a signed copy of the letter to us for our permanent files, Shouldhave any questions regregardingthis your cooperation in this matter. you Thank you for approval, please contact ray office, 742-5674. Sincerely, Mark Lewis Lewis Management Resources, Inc. for the Copper Creek Homeowners Association ML:If • Property Owner TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 18, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: William A. Jansen, P.E. SUBJECT: Resolution (R) 98-90 a resolution authorizing execution of an inter- governmental agreement with the State of Arizona for the design, construction, operation and maintenance of a new warranted traffic signal at the Hardy/Oracle Road intersection. SUMMARY: The Town of Oro Valley and the Arizona Department of Transportation has been working since 1995 towards the installation of a traffic signal at the Hardy/Oracle Road intersection. In 1997, the Pima Association of Governments has allocated $450,000.00 in federal STP funds for the project. In order for this project to move forward towards construction, an inter-governmental agreement with the State of Arizona is necessary for the Arizona Department of Transportation to administer the contract. Under this agreement, the Arizona Department of Transportation will also contribute up to $100,000.00'towards the projects construction cost. During the initial design of the project, it was discovered that a 12-inch water main owned by the Tucson Water Department must be relocated. The Tucson Water Department requested that the Town of Oro Valley have this water main relocated as part of the project. The waterline relocation has been incorporated into the construction project to be managed by ADOT. The Tucson Water Department will reimburse the Town for all costs related to this work. DPW staff has negotiated an Agreement for Services with the Tucson Water Department for this work. The final draft of this agreement is being presented as another agenda item at the November 18"'Town Council meeting. ATTACHMENTS: 1. Resolution(R) 98-90 2. Intergovernmental Agreement between the State of Arizona and the Town of Oro Valley. FISCAL IMPACT: The estimated project cost including design and construction for the intersection improvements and installation of the traffic signal is $628,154.00. The cost sharing of the project based on the project cost estimate is shown below. Federal Aid $430,192.58 ADOT Funds $100,000.00 Tucson Water Department $ 35,000.00 Town of Oro Valley $ 62,961.42 Total $628,154.00 TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 RECOMMENDATIONS: The Public Works Department staff and the Town Attorney has reviewed the proposed intergovernmental agreement and recommends its approval. SUGGESTED MOTION: The Town Council may wish to consider one of the following motions. I move to approve Resolution (R) 98- 90 authorizing the Town enter into the intergovernmental agreement with the State of Arizona. Or I move to deny Resolution(R) 98- 90 Or I move to t D �.:1 C-- -:. ment ead Off Town Ma ager RESOLUTION (R) 98- 90 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA, AUTHORIZING THE EXECUTION ON AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE DESIGN, CONSTRUCTION, OPERATION, AND MAINTENANCE OF A NEW WARRENTED TRAFFIC SIGNAL AT THE HARDY/ORACLE ROAD INTERSECTION. WHEREAS, ORO VALLEY is a political subdivision of the State of Arizona, is vested with all the rights, privileges and benefits, and entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the installation of the traffic signal is necessary for the public's health, safety and welfare in order to provide for the safe and efficient movement of traffic; and WHEREAS, the TOWN COUNCIL deems it necessary in the interest of providing for the health, safety and welfare of the citizens of the TOWN OF ORO VALLEY to enter into an intergovernmental agreement with the State of Arizona for the design, construction, operation and maintenance of a new warranted traffic signal at the Hardy/Oracle Road intersection. NOW THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: 1. That the proposed intergovernmental agreement with the State of Arizona be accepted. 2. That the Mayor is authorized to execute the agreement on behalf of the Town of Oro Valley. PASSED this 18TH day of NOvRMRRR , 1998, by the Mayor and Town Council of the 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 AG Contract No. KR97 1493TRN ECS File: JPA 97-109 Project: 077PM076/HX056 01C 0000PMORV SS433 01C Section: SR-77 © Hardy Road Traffic Signal INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF ORO VALLEY THIS AGREEMENT is entered into NOVEMBER 18 , 1998 pursuant to Arizona Revised Statutes, Sections 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the TOWN OF ORO VALLEY, acting by and through its MAYOR and TOWN COUNCIL (the "Town"). I. RECITALS 1. The State is empowered by Arizona Revised Statutes Section 28-401 and 28-334 to enter into this agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this agreement and has delegated to the undersigned the authority to execute this agreement on behalf of the State. 2. The Town is empowered by Arizona Revised Statutes Section 48-572 to enter into this agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this agreement and has authorized the undersigned to execute this agreement on behalf of the Town. 3. The State and the Town desire to design, construct, operate and maintain a new traffic signal light warranted on SR-77 at the intersection of Hardy Road in the Town, as well as intersection geometric improvements, at an estimated cost of $628,154.00, hereinafter referred to as the Project, for the safety and benefit of the motoring public. THEREFORE, in consideration of the mutual agreements expressed herein, it is agreed as follows: Page 2 JPA 97-109 II. SCOPE OF WORK 1. The State will: a. Provide to State standards design plans, specifications and such other documents required for construction bidding and construction of the Project. Incorporate Town review comments. b. Be responsible for fifty percent of the cost of the design and construction of geometric improvements and fifty percent of the cost of the traffic signal construction, up to a maximum of $100,000.00. Be responsible for any contractor claims for extra compensation attributable to the State. c. Upon completion and acceptance by the Town, provide maintenance to the traffic signal. 2. The Town will: a. Review the design documents and provide comments. b. Be responsible for the remaining balance of the costs associated with the design and construction of the intersection geometric improvements, and for fifty percent of the cost of the traffic signal design and construction. c. Upon completion and acceptance, provide electrical energy for the traffic signal. d. Be responsible for any future communication line costs required for signal progression. 3. Congress has authorized appropriations for, but not limited to, the construction of streets and primary, feeder and farm-to-market roads; the replacement of bridges; the elimination of roadside obstacles; and the application of pavement markings. 4. Such project within the boundary of the Town has been selected by the Town; the field survey of the project has been completed; and the plans, estimates and specifications have been prepared and, as required, submitted to the Federal Highway Administration (FHWA) for its approval. 5. The Town, in order to obtain federal funds for the construction of the project, is willing to provide the State with the Town funds to match federal funds in the ratio required or as finally fixed and determined by FHWA. Page 3 JPA 97-109 6. The work embraced in this agreement and the estimated cost are as follows: Widening and Reconstruction Estimated Design Cost $62,335.00 Estimated Construction Cost (includes 15% CE) $565,819.06 Federal Aid Funds at 94.3% $430,192.58 State Funds $100,000.00 Town of Oro Valley Funds at 5.7% of$456,195.74 $26,003.16 Town Funds $71,958.32 Total Town Funds $97,961.48 THEREFORE, in consideration of the mutual covenants expressed herein, it is agreed as follows: SCOPE OF WORK (as to Federal Aid Funds) 1. The State shall submit a program containing the aforementioned project to FHWA with the recommendation that it be approved for construction. a. If such project is approved for construction by FHWA and the funds are available for construction of the project, the State with the aid and consent of FHWA will proceed to advertise for, receive and open bids, and subject to the concurrence of FHWA and the Town, award the contract, enter into a contract with a firm to whom the award is made for the construction of the project, such project to be performed, completed, accepted and paid for in accordance with the requirements of the Standard Specifications for Road and Bridge Construction of the Highways Division, Arizona Department of Transportation. Further, the State will enter into a Project Agreement with FHWA covering the work embraced in said construction contract and will request the maximum federal funds available. b. Should unforeseen conditions or circumstances increase the cost of said work required by a change in the extent or scope of the work called for in this agreement, the State shall not be obligated to incur any expenditure in excess of the amount of the Town's deposit unless and until so authorized in writing by the Town. 2. Prior to the solicitation of bids, the Town shall deposit funds with the State in the amount determined by the State to be necessary to match federal funds in the ratio required. Upon completion of the construction contract, the State shall return to the Town any part of the funds deposited by the Town remaining after Town's pro rata share of the cost, as finally fixed and determined by FHWA, has been paid. 3. The Town shall acquire, without cost to the State, the necessary right-of-way and hereby certifies that all necessary rights-of-way have been acquired. 4. The Town shall remove from the proposed right-of-way all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the roadway, and hereby certifies that all obstructions and encroachments have been removed therefrom, prior to the start of construction. Page 4 JPA 97-109 5. The Town shall not permit or allow any encroachments, except those authorized by permit, upon, or private use of, the right of way. In the event of any unauthorized encroachment or improper use, the Town shall take all necessary steps to remove or prevent any such encroachment or use; failing in which the State shall have the right to proceed with the removal or prevention thereof, the cost of such removal or prevention to be borne by the Town. 6. Upon completion of construction, the Town shall provide for, at its own cost and as an annual item in its budget, proper maintenance along Hardy Road (but not the Oracle Road intersection), including, but not limited to, signs, and markings necessary for the purpose of regulating, warning and guiding traffic, all in accordance with the requirements of the current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways. III. MISCELLANEOUS PROVISIONS 1. Other than the State funds hereinabove outlined ($100,000.00) the State assumes no financial obligation or liability under this agreement. The Town assumes full responsibility for the design, plans, specifications, reports, the engineering in connection therewith and the construction of the improvements contemplated, cost over-runs and construction claims. It is understood and agreed that the State's participation is confined solely to securing federal aid; that any damages arising from carrying out, in any respect, the terms of this agreement or any modification thereof, shall be solely the liability of the Town and that the Town hereby agrees to save and hold harmless and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all cost and/or damage incurred by any of the above and from any other damage to any person or property whatsoever, which is caused by any activity, condition, or event arising out of the performance or nonperformance of any provisions of this agreement by the State, any of its departments, agencies, officers and employees, the Town, any of its agents, officers and employees, or any of its independent contractors. Costs incurred by the State, any of its departments, agencies, officers or employees shall include in the event of any action, court costs, expenses of litigation and attorneys'fees. 2. The cost of the design, construction and construction engineering work covered by this agreement is to be borne by FHWA and the Town, each in the proportion prescribed or as fixed and determined by FHWA as stipulated in this agreement. Therefore, the Town agrees to furnish and provide State with Town funds in an amount equal to the difference between the total cost of the work provided for in this agreement and the amount of federal aid received. 3. This agreement shall remain in force and effect until completion of said Project; provided, however, that this agreement, except any provisions herein for maintenance and electrical energy, which shall be perpetual unless assumed by another governmental agency, may be cancelled at any time prior to the award of a Project construction contract, upon thirty (30) days written notice to the other party. 4. This agreement shall become effective upon filing with the Secretary of State. 5. This agreement may be cancelled in accordance with Arizona Revised Statutes Section 38-511. 4. The provisions of Arizona Revised Statutes Section 35-214 are applicable to this contract. 5. In the event of any controversy which may arise out of this agreement, the parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes Section 12-1518. Page 5 JPA 97-109 6. All notices or demands upon any party to this agreement shall be in writing and shall be delivered in person or sent by mail addressed as follows: Arizona Department of Transportation Joint Project Administration 205 South 17 Avenue, Mail Drop 616E Phoenix, AZ 85007 Town of Oro Valley Town Manager 11000 N. LaCanada Drive Oro Valley, AZ 85737-7015 7. Attached hereto and incorporated herein is the written determination of each party's legal counsel that the parties are authorized under the laws of this state to enter into this agreement and that the agreement is in proper form. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. TOWN OF ORO VALLEY STATE OF ARIZONA Department of Transportation By By PAUL LOOMIS WILLIAM J. HIGGINS Mayor Deputy State Engineer ATTEST By KATHRYN CUVELIER Town Clerk 97-109 16juI JPA 97-109 RESOLUTION BE IT RESOLVED on this 3rd day of July 1997, that I, the undersigned LARRY S. BONINE, as Director of the Arizona Department of Transportation, have determined that it is in the best interests of the State of Arizona that the Department of Transportation, acting by and through the Intermodal Transportation Division, to enter into an agreement with the Town of Oro Valley for the purpose of defining responsibilities for the design, construction and maintenance of intersection improvements and a new warranted traffic signal on SR-77 @ Hardy Road in the Town. Therefore, authorization is hereby granted to draft said agreement which, upon completion, shall be submitted to the State Traffic Engineer for approval and execution. DIA?... 6 . for LARRY S. BONINE Director JPA 97-109 APPROVAL OF THE ORO VALLEY TOWN ATTORNEY I have reviewed the above referenced proposed intergovernmental agreement, between the DEPARTMENT OF TRANSPORTATION, HIGHWAYS DIVISION and the TOWN OF ORO VALLEY and declare this agreement to be in proper form and within the powers and authority granted to the Town under the laws of the State of Arizona. DATED this day of , 1998. Town Attorney G TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 18, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: William A. Jansen, P.E. SUBJECT: Resolution (R) 98- 91 , a resolution authorizing execution of an Agreement for Services with the Tucson Water Department for the relocation of a water main in required by the intersection improvements associated with the installation of a traffic signal at the Hardy/Oracle Road intersection. SUMMARY: During the initial design of the Hardy/Oracle Road traffic signal project, it was discovered that a 12-inch water main owned by the Tucson Water Department must be relocated. The Tucson Water Department requested that the Town of Oro Valley have this water main relocated as part of the project. DPW staff has negotiated an inter-governmental agreement with the Tucson Water Department for this work under which the Town will be reimbursed for all costs related to the water main relocation. ATTACHMENTS: 1. Resolution(R) 98-91 2. City of Tucson Agreement for Services. FISCAL IMPACT: Under this agreement,the Town will be required to initially absorb the water main relocation costs under the IGA with the Arizona Department of Transportation. City of Tucson procurement regulations limit the Water Department from paying for the work in advance of construction unless an IGA is in place. This agreement will commit Tucson Water to pay for the water line relocation. Staff is presently working with Tucson Water to develop an IGA that will provide for payment by the time the construction contract is awarded. Due to the time required to develop the IGA,this agreement will allow the project to go forward. RECOMMENDATIONS: The Public Works Department staff and the Town Attorney has reviewed the proposed intergovernmental agreement and recommends its approval. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 SUGGESTED MOTION: The Town Council may wish to consider one of the following motions. I move to approve Resolution (R) 98- 9L authorizing the Town enter into the Agreement for Services with the City of Tucson. Or I move to deny Resolution(R)98- 9 t Or I move to 1111W1.6 % 111 t e rt ent H-;�• t", Town Manager RESOLUTION (R) 98-91 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA, AUTHORIZING THE EXECUTION ON AN AGREEMENT FOR SERVICES WITH THE CITY OF TUCSON FOR THE RELOCATION OF A WATER MAIN REQUIRED BY INTERSECTION IMPROVEMENTS ASSOCIATED WITH THE INSTALLATION OF A TRAFFIC SIGNAL AT THE HARDY/ORACLE ROAD INTERSECTION. WHEREAS, ORO VALLEY is a political subdivision of the State of Arizona, is vested with all the rights, privileges and benefits, and entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the installation of the traffic signal and related intersection improvements are necessary for the public's health, safety and welfare in order to provide for the safe and efficient movement of traffic; and WHEREAS,the TOWN COUNCIL deems it necessary in the interest of providing for the health, safety and welfare of the citizens of the TOWN OF ORO VALLEY to enter into an Agreement for Services with the City of Tucson to relocate the water main; and NOW THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA: 1. That the proposed Agreement for Services with the City of Tucson be accepted. 2. That the Mayor is authorized to execute the agreement on behalf of the Town of Oro Valley. PASSED this 18Th day of NOVEMBER , 1998, by the Mayor and Town Council of the 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 CityAgreementof Tucson for Services No. THIS AGREEMENT is made and entered into this day of March, 1998, by and between the CITY OF TUCSON, hereinafter referred to as the "CITY", and THE TOWN of ORO VALLEY, hereinafter referred to as the "Contractor". SCOPE OF SERVICES The Contractor shall design and install or caused to be designed and installed approximately feet of water main and appurtenances for City of Tucson Water Departments standard specifications at an estimated design and construction cost of $ . Pursuant to the contracts between the Town of Oro Valley and the selected contractors. II. COMPENSATION AND METHOD OF PAYMENT In consideration of the performance of the services described in the Scope of Services herein, the City shall pay the Town of Oro Valley on a request for services performed under this agreement. The City will pay the Contractor following the submission of an itemized invoice(s) for the services rendered. No payment shall be issued prior to receipt of material or services and correct invoice. Each itemized invoice must bear a written certification by an authorized City representative confirming that the services for which payment is requested have been performed. III. DURATION & TERMINATION The term of this contract shall be from the date executed until such time the scope of services are completed. The Contractor shall complete all work to the satisfaction of the City's Tucson Water Department his designee, and shall keep the Director or his designee fully informed at all times of progress towards successful completion of services. This Agreement may be terminated at any time by mutual written consent, upon giving ten (10) days written notice. The City reserves the right to immediately terminate the whole or any part of this Agreement due to failure of Contractor to carry out any term, promise, or condition of this Agreement. If this Agreement is terminated, the City shall be liable only for payment for services rendered and accepted material received by the City before the effective date of termination. The City may, by written notice to the Contractor, cancel this Agreement if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the City. page 1 of 4 IV. ENFORCEMENT, LAWS AND ORDINANCES This Agreement shall be enforced under the laws of the State of Arizona. Contractor must comply with all applicable federal, state, county, and City laws, ordinances, and regulations. Contractor shall ensure payment of all taxes, licenses, permits, and other expenses of any nature associated with the provision of services herein. Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the operation of the business conducted by the Contractor. V. INDEPENDENT CONSULTANT It is clearly understood that each party shall act in its individual capacity and not as an agent, employee, partner, joint venture, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other party for any purpose whatsoever. The Contractor is advised that taxes or social security payments shall not be withheld from a City payment issued hereunder and that Contractor should make arrangements to directly pay such expenses, if any. The City will not provide any insurance coverage to the Contractor including Worker's Compensation coverage. VI. MODIFICATIONS This Contract may only be modified by a written amendment signed by the City's Director of Procurement and persons duly authorized to enter into contracts on behalf of the Contractor. VII. WAIVER The failure of either party of this contract to take affirmative action with respect to any conduct of the other which is in violation of the terms of this contract shall not be construed as a waiver thereof, or of any future breach or subsequent wrongful conduct. VIII. INDEMNIFICATIONS Contractor shall indemnify, defend, and hold harmless the City of Tucson, from any and all claims, demands, suits, actions, proceedings, loss, cost, and reasonable attorney's fees and/or litigation expenses arising or alleged to have arisen out of any negligent act, omission, professional error, fault, mistake, or negligence of the Contractor, its employees, agents, representatives, or subconsultants, their employees, agents, or representatives in connection with or incidental to the performance of this contract. The Contractor's obligation under this section shall not extend to any liability caused by the negligence of the City, or its employees. The amount and type of insurance required shall not in any way be construed as limiting the scope of the indemnification set forth above. IX. INSURANCE page 2 of 4 If Contractor resides in the State of Arizona or will be providing services to the City pursuant to this contract within the State of Arizona, the Contractor agrees to obtain and keep in force throughout the life of this contract, policies of automobile liability insurance containing combined limits of personal injury and property damage of not less than the amounts required by the State of Arizona and covering any vehicle which is used in connection with the performance of services contemplated by this Contract. X. MISCELLANEOUS PROVISIONS A. Contractor agrees to abide by the provisions of the Tucson Procurement Code Article XII, Sections 28-137 through 28-144 (Affirmative Action Provisions). B. No assignment of this contract shall be made by the Contractor with any other party for furnishing any of the services herein contracted for without the advance written approval of the City's Department of Procurement. All subcontracts shall comply with Federal and State laws and regulations which are applicable to the services covered by the subcontract and shall include all the terms and conditions set forth herein which shall apply with equal force to the subcontract, as if the subcontractor were the Contractor referred to herein. The Contractor is responsible for contract performance whether or not subcontractors are used. C. The Contractor shall establish and maintain procedures and controls that are acceptable to the City for the purpose of assuring that no information contained in its records or obtained from the City or from others in carrying out its functions under the Agreement shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Agreement. Persons requesting such information must be referred to the City. D. All services, information, computer program elements, reports, and other deliverables which may have a potential patent or copyright value and which are created under this Agreement shall be the property of the City of Tucson. E. This Agreement is subject to the provisions of A.R.S. § 38-511 . F. The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and applicable federal regulations under the Act. This Agreement represents the entire agreement between the City of Tucson and the Contractor relating to the requirements set forth herein and shall prevail over any and all previous verbal and written agreements. page 3 of 4 CITY OF TUCSON: THE TOWN OF ORO VALLEY as Director of Procurement Authorized Signature and not personally Printed Name and Title as Director of Tucson Water Department and not personally Countersigned: as Tucson City Clerk and not personally As Tucson City Attorney and not personally page 4 of 4 k. i TOWN OF ORO VALLEY � H1 1 COUNCIL COMMUNICATION MEETING DATE: 11/18/98 TO: HONORABLE MAYOR AND COUNCIL FROM: Tobin Sidles, Town Attorney SUBJECT: Resolution number (R) 98-92 . Approval of an Intergovernmental agreement with Amphitheater School District regarding improvements to Calle Eggleston Road and the installation of a traffic signal at Linda Vista. SUMMARY: This item has been under discussion for some time.Due to the crowded situations at Canyon Del Oro High School,the location of Dennis Weaver Park and the presence of another school in the immediate vicinity,certain improvements to Calle Eggleston road plus the installation of a traffic signal at Linda Vista is desirable to better direct traffic flows,protect students and to protect other citizens visiting the high school area.The total cost to the Town will be $420,000. $300,000 of this is a contribution toward improvements to Calle Eggleston, and another $120,000 is contributed toward the traffic signal installation at Linda Vista.The Town intends to take the lead on the traffic signal, and the District will take the lead on the road improvements. ATTACHMENTS: 1)Resolution number(R)98-92 ,with attached copy of proposed intergovernmental agreement(IGA). FISCAL IMPACT: $420,000 RECOMMENDATIONS: Acceptance is recommended. SUGGESTED MOTION: I move that we accept Resolution Number(R)98-92 ,finding it to be in the best interests of the public's health,safety and welfare. / // ' / z& •le/ e of D p.rtment Head Town Manager's Review • RESOLUTION NO. (R) 98- 92 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF AN INTER- GOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND AMPHITHEATER SCHOOL DISTRICT FOR IMPROVEMENTS ON CALLE EGGLESTON AND INSTALLATION OF A TRAFFIC SIGNAL AT LINDA VISTA WHEREAS, the Town of Oro Valley has the authority to enter into contractual arrangements with other governmental agencies in order to provide services to its residents; and WHEREAS, it has determined that it is in the best interests of the Town and its citizens to enter into an inter-governmental agreement with Amphitheater School District regarding improvements to Calle Eggleston and the installation of a traffic signal at Linda Vista; and WHEREAS, the approval of an inter-governmental agreement will further this goal by better controlling and directing traffic for the citizens visiting Canyon Del Oro High School general area and is hereby determined to be in furtherance of the public health, safety and welfare of the citizens of the Town; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AS FOLLOWS: 1. That the attached Inter-governmental Agreement is hereby approved. 2. That the Mayor of the Town of Oro Valley and all necessary administrative officials are hereby directed and authorized to take all necessary steps related to the execution of said agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 18TH day of NOVEMBER , 1998. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvetier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney INTERGOVERNMENTAL AGREEMENT WITH AMPHITHEATER SCHOOL DISTRICT This Agreement is entered into this 18th day of November, 1998, by and between the Town of Oro Valley, Pima County, Arizona, a body politic of the State of Arizona, hereinafter referred to as "Town" and the Amphitheater School District, hereinafter referred to as "District", pursuant to Arizona Revised Statutes §11-951 through §11-954, as amended for the purpose of installing a traffic signal at the intersection of Oracle and Linda Vista Roads; and for the improvement of Calle Egleston Road; both for the purposes of public safety and a better safety environment for the students, faculty and guests of Canyon Del Oro High School and Dennis Weaver Park. WITNESSETH: WHEREAS, the TOWN and DISTRICT may contract for services and enter into agreements with one another for joint or cooperative action pursuant to the provisions of A.R.S. Section 11- 952, et. seq.; WHEREAS, the installation of a traffic signal at the intersection of Oracle and Linda Vista Roads will help improve safety at the Canyon Del Oro High School, Dennis Weaver Park, and residential subdivisions on the east and west side of Oracle Road; WHEREAS, improvements on Calle Egleston Road will reduce congestion and also improve safety for the students at Canyon Del Oro High School; WHEREAS, it is in the best interests of the public health, safety and welfare to enter into an agreement to accomplish these projects; NOW THEREFORE, the TOWN and the DISTRICT, pursuant to the above and in consideration of the matters hereinafter set forth, do mutually agree as follows: I. RESPONSIBILITIES OF THE DISTRICT 1. The DISTRICT shall be responsible for initiating and following through with the design, construction and construction management of improvements to Calle Egleston and the Calle Egleston/Linda Vista intersection in accordance with Town of Oro Valley standards. 2. The DISTRICT shall bear all costs for said improvements beyond the Four Hundred Twenty Thousand Dollars ($420,000) total contribution of the TOWN as detailed below. 3. All contractors and appropriate personnel shall be adequately trained and insured. 4. Comply with State Law regarding public bidding, contracting and taxation. II. RESPONSIBILITIES OF THE TOWN 1. The TOWN shall be responsible for initiating and following through with the Arizona Department of Transportation (ADOT) for the installation of a traffic signal at Linda Vista and Oracle Roads. 2. The TOWN shall contribute up to Three Hundred Thousand Dollars ($300,000) to the DISTRICT on or before the start of construction in order to share in the cost of design and construction of said improvements to Calle Egleston Road and Calle Egleston/Linda Vista intersection. 3. The TOWN agrees to pay up to One Hundred Twenty Thousand Dollars ($120,000) toward the costs for installation of the traffic signal and related intersection improvements at the intersection of Linda Vista and Oracle Roads and will pursue funding assistance from ADOT for the signal improvements. III. INDEMNITY Each party agrees to indemnify, defend and save harmless the other, their appointed boards and commissions, officials, officers, employees and insurance carriers, individually and collectively from all losses, claims, suits, demands, expenses, subrogation, attorney's fees or actions of any kind resulting from all personal injury, including bodily injury and death, and property damage occasioned during the term of this Agreement for acts or omissions of such party. Each party represents that it shall maintain for the duration of this Agreement, policies of public liability insurance covering all of their operations undertaken in implementation of this Agreement, providing bodily injury limits of not less than Five Hundred Thousand Dollars ($500,000) for any one person, or not less than One Million Dollars ($1,000,000) for any one occurrence, and property damage liability to a limit of not less than One Hundred Thousand Dollars ($100,000). The parties may fulfill the obligations of this Article by programs of self insurance equivalent in coverage. IV. EFFECTIVE DATE AND DURATION OF AGREEMENT A. This Agreement shall be effective upon filing the original executed Agreement with the Office of the Pima County Recorder. B. This Agreement shall remain in effect until completion of both projects and final assessment and payment of the respective costs to be borne by the parties. C. This Agreement may be amended upon mutual assent of the parties. V. TERMINATION Any portion of this Agreement may be terminated upon sixty (60) days written notice from one party to the other party. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement. VI. VESTING OF TITLE AND MAINTENANCE Upon completion of construction of the improvements contemplated hereunder, the TOWN shall remain vested with title to the improvements and shall be responsible for their maintenance. VII. LEGAL JURISDICTION Nothing in this Agreement shall be considered as either limiting or extending the legal jurisdiction of either the TOWN or the DISTRICT. VIII. SEVERABILITY In the event that any provision of this Agreement or the application thereof is held invalid, such invalidity shall have no effect on other provisions and their application which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable. IX. NON-DISCRIMINATION The parties agree to be bound by applicable state and federal rules governing Equal Employment Opportunity and Non-Discrimination. X. REMEDIES Any disputes arising under this Agreement shall be subjected to arbitration in accordance with A.R.S. Section 12-1501 et. seq., to resolve disputes arising out of this Agreement where the sole relief sought is monetarydamage of Twenty Thousand Dollars ($20,000) or less, exclusive of g g interest and costs. IN WITNESS WHEREOF,the parties hereto have entered into this Agreement this 18TH day of Noy FB , 19 98 . TOWN OF ORO VALLEY BY: MAYOR PRESIDENT, AMPHI SCHOOL BOARD ATTEST: ATTEST: TOWN CLERK CLERK APPROVED AS TO FORM: APPROVED AS TO FORM: TOWN ATTORNEY ATTORNEY, AMPHI SCHOOL DISTRICT TOWN OF ORO VALLEY ' COUNCIL COMMUNICATION MEETING DATE: November 18, 1998 TO: HONORABLE MAYOR AND COUNCIL FROM: Werner S. Wolff, Chief of Police RESOLUTION (R)98-93 SUBJECT: Intergovernmental Agreement With Maricopa County Sheriff's Office SUMMARY: Maricopa County Sheriff's Office has received grant funds for the purpose of seizing and dismantling clandestine methamphetamine drug labs. The Oro Valley Police Department has been asked to join this High Intensity Drug Trafficking Area(HIDTA)Task Force. An Intergovernmental Agreement between Oro Valley and Maricopa County Sheriff's Office will cover the issuance of Personal Protective Equipment(PPE)and the reimbursement of overtime for an Oro Valley Police Officer who has been trained by DEA for such operations,should he/she be called out to seize and dismantle a methamphetamine drug lab. ATTACHMENTS: 1. Three(3)Original copies of the Intergovernmental Agreement between Oro Valley Police Department and the Maricopa County Sheriff's Office. 2. Resolution No.98-93 FISCAL IMPACT: FY 98/99: NONE RECOMMENDATION: I recommend Mayor and Council approve the I.G.A.with Maricopa County Sheriff's Office. SUGGESTED MOTION: I move that Mayor and Council approve Resolution No. 98-93 allowing the Intergovernmental Agreement between Oro Valley Police Department and Maricopa County Sheriff's Office for the coordination of the High Intensity Drug Trafficking Area(HIDTA),Maricopa County Methamphetamine Task Force. ( -,- 1 ),,C:// Werner S.Wolff Chief of Police grWA . Charles F. Sw et Town Manager RESOLUTION NO. (R)98-93 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARICOPA COUNTY SHERIFF'S OFFICE AND THE ORO VALLEY POLICE DEPARTMENT FOR THE COORDINATION OF THE HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA), MARICOPA COUNTY METHAMPHETAMINE TASK FORCE. WHEREAS, the Town of Oro Valley pursuant to Arizona Revised Statutes § 11-952 is authorized to enter into agreementsjoint for and cooperative action with other public agencies and is empowered by Title 9 Arizona Revised Statutes to enter into contracts and to establish and maintain the Oro Valley Police Department, pursuant to A.R.S. § 9-240.12; and WHEREAS, itis the desire of the Town of Oro Valley to enter into said Intergovernmental provide in order to for the health, safety and welfare of the residents in the Town of Oro Valley; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA: y 1. That the Mayor of the Town of Oro Valley, Chief of Police, Werner S. Wolff, and other administrative officials are hereby authorized to take such steps as necessary to execute and implement said agreement. PASSED AND ADOPTED Mayor bythe Ma or and Town Council of the Town of Oro Valley, Arizona, this 18TH day of NOVEMBER , 1998. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis,Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney Intergovernmental Agreement Between the Maricopa County Sheriffs Office and the Oro Valley Police Department C-50-99-060-2 This Agreement is made by and between the County of Maricopa, through the Office of the Sheriff of Maricopa County,and the Town of Oro Valley,for coordination of the High Intensity Drug Trafficking Area (HIDTA), Maricopa County Methamphetamine Task Force. WHEREAS,the HIDTA,Maricopa County Methamphetamine Task Force grant has been supplemented with funds effective on April 1, 1998 through March 31, 1999,the following agreement shall be in place. 1. The Maricopa County Sheriffs Office (MCSO) has been designated as the "pass-through" agency for reimbursement of overtime funds and for the purchase and issuance of Personal Protective Equipment(PPE)for clandestine methamphetamine lab cases which are investigated by other Arizona law enforcement agencies in accordance with this agreement. In addition, MCSO houses the Statewide Methamphetamine Intelligence database for storing information relative to methamphetamine. The Maricopa County Sheriffs Office agrees to the following: 1. MCSO will authorize overtime reimbursement for one DEA certified clandestine lab investigator per Provisional agency,per lab site until the funds are exhausted. 2. The total overtime funds available to Arizona law enforcement agencies for reimbursement by HIDTA is$30,000. 3. The reimbursement will be based on a first-come,first-served system. 4. MCSO will hold the discretion as to which Arizona agencies receive reimbursement for overtime with priority for agencies that have fewer financial resources. e. MCSO will assist this agency to determine their PPE needs and then order,purchase,and issue the PPEs to the Provisional investigators for their use, depending on the funds availability. MCSO projects funding will allow a six-month supply of PPE items. 2. The Oro Valley Police Department agrees to the following: 1. Submissions for overtime reimbursement will be limited to one DEA certified Provisional clandestine lab investigator per search warrant or lab site. 2. Requests for reimbursement shall be mailed to the Maricopa County Sheriffs Office,Finance Division, at 102 West Madison Street,Phoenix,Arizona 85003,within 30 days of the incurred overtime. The request should include the investigator's name, base salary and employee related expenses (ERE) information as well as the overtime rate of pay,number of hours worked and the total dollar amount of requested for reimbursement. A copy of the respective agency payroll time sheet should also be submitted. 3. An inventory control system will be put in place for the PPE issued to the Provisional investigator. 4. The Provisional Investigator shall follow approved OSHA and DEA guidelines as recommended by the Clan-Lab Investigator's school for using the PPEs. It should be noted that other law enforcement officers assisting the Provisional investigator in his duties may use the PPE equipment as long as OSHA rules are followed. 5. Copies of methamphetamine related case reports including clandestine lab seizures shall be forwarded to the Maricopa County Sheriffs Office Special Investigations Division, 102 West Madison Street, Phoenix, Arizona 85003, so the intelligence information can be entered into the Statewide Methamphetamine Intelligence database. Oro Valley Police Department Maricopa County Sheriff's Office /// „A), ste 5 „, Chief of Police D to Jos- ____Arpaio, Sheriff Date Town of Oro Valley Maricopa County Board of Supervisors Town Representative Date Jan Brewer, Chairman of the Board Date ATTEST: ATTEST: Oro Valley Town Clerk Date Fran McCarroll, Clerk of the Board Date APPROVED AS TO FORM, power and authority to enter into Agreement: Oro Valley Town Attorney Date County Attorney Date 2 TOWN OF ORO VALLEY . J 1 COUNCIL COMNIUNICATIQN MEETING DATE: 11/18/98 1 TO: HONORABLE MAYOR AND COUNCIL FROM: Tobin Sidles, Town Attorney SUBJECT: Resolution number(R) 98-94 . Use of Town Property up for auction for the Oro Valley Police Gift program SUMMARY: My office was approached by a member of the Oro Valley Police Department who would like to use old, unclaimed, or abandoned property currently scheduled to be auctioned off for a holiday gift program. This program would be administered by the Oro Valley Police Department for needy children and families.In particular,the police department has in its possession some old bicycles the officer would like to fix up and deliver as holiday gifts.As all Town property must currently go to auction per Town policy,the officers would like to create this exception while the current policy is being looked into and a new policy devised.This particular policy is already under review by the Town Clerk's department. ATTACHMENTS: 1)Re:iotution number(R)98- 94 tir FISCAL IMPACT: Unknown at this point,although it is doubted the town would receive over$5000 for the materials currently available for auction. RECOMMENDATIONS: Acceptance is recommended. SUGGESTED MOTION: I move that we accept Resolution Number(R)98-94 ,finding it to be in the best interests of the public's health,safety and welfare. .- .(!) .4_ - / S'_ of D:,. .. is ent Head Town Mana:•iy Review RESOLUTION NO. 98-94 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING ITS SUPPORT FOR THE ORO VALLEY POLICE DEPARTMENT USING PROPERTY AVAILABLE FOR TOWN AUCTION FOR ITS HOLIDAY GIFT PROGRAM WHEREAS, the Mayor and Council of the Town of Oro Valley desires to provide for the health, welfare and safety of its citizens; and WHEREAS, the Town has available for auction unclaimed or old police property from disposed cases and equipment that is no longer being used by the Town; and WHEREAS, the Oro Valley Police Department has indicated that it would like to use that property by fixing it up and delivering it to needy families for the holiday's; and WHEREAS, the Town Council finds this program to be for the betterment of the Health Safety and Welfare of the citizens in the Greater Oro Valley area; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AS FOLLOWS: 1. That the Oro Valley Police Department is authorized to appropriate and use old or abandoned property for its holiday gift program 2. That all staff are directed to take whatever steps are necessary to carry out the orders of the Town Council. PASSED, ADOPTED AND APPROVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, this qday of NOVR!4RFR , 1998 TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, MAYOR ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 18, 1998 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager pp SUBJ. Appointment to the Tucson-Pima County Bicycle Advisory Committee SUMMARY: In FebruaryValley 1997, the Oro Town Council appointed Mr. Arden Schug as Oro Valley's representative to the Tucson-Pima County Bicycle Advisory Committee. As the attached letter indicates, Mr. Schug can no longer serve on the committee due to the fact that spending he is now s endin most of the year out of state. As a result and in order to have a full workingCommittee, the Tucson-Pima County Bicycle Advisory Committee would like to fill the vacancy as quickly as possible. ATTACHMENTS: 1) Letter from Matthew Zoll, Tucson-Pima County Bicycle Advisory Committee 2) Board & Commission Application from Arnold Balthuzar FISCAL IMPACT: RECOMMENDATION: Staff recommends that the Council appoint Mr. Arnold Balthuzar to replace Mr. Arden yrepresentative as Oro Valley's to the Tucson-Pima County Bicycle Advisory Committee MOTION: I make a motion to appoint Mr. Arnold Balthuzar as the Oro Valley Representative to the Tucson-Pima Bicycle Advisory Committee. 9 ./ Chuck S eet Town Manager OU L TUCSON-PIMA COUNTY BICYCLE ADVISORY COMMITTEE November 1, 1998 '!/JAI #7/ v DISTRIBUTED TC OnAYOR II TOWN MANAGER $ FILE =Ca. DM HEADS ®OTHE The Honorable Paul Loomis Mayor of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 Dear Mayor Loomis: I recently spoke with Mr. Arden Schug, who represents Oro Valley on the Tucson-Pima County Bicycle Advisory Committee (BAC). Mr. Schug told me he will no longer be able J to be on the committee because he is now living out of state for most of the year. Therefore, I am writing this letter to suggest a replacement for Mr. Schug, who provided excellent service to the BAC during his two years on the committee. Mr. Arnold Balthuzar, a resident of Oro Valley, has expressed strong interest in becoming a voting member representing the Town of Oro Valley on the BAC. I have known Arnold, or"Bait" for short, since when Hived in Hawaii before moving here in 1990. Balt moved here with his family soon after, and has been actively involved in cycling ever since. He has won several National Championship titles in bike racing, and is Y g currentlyvolunteeringto teach bicycle safety and racing to children in the Oro Valley area. I appreciate his enthusiasm for all aspects of cycling and welcome his participation on the committee. He is a dedicated and accomplished cyclist and is very aware of bicycling issues in the Oro Valley area. I hope that you can appoint Balt as the Oro Valley representative to the BAC. Thank you PP for assisting with this request. If you have any comments or questions, please feel free to give me a call at 321-4471. Sincerely, ?1(-- Matthew J. Zoll Chair, Tucson-Pima County Bicycle Advisory Committee P.O. Box 27210, Tucson, AZ 85726-7210 • (520) 791-4372 J P'L,EY A'Oj> O OIP 09' - 4. .\- i: A ..=„,........., - , a 0(NOED,3' ORO VALLEY BOARD/COMMISSION APPLICATION Dear Oro Valley Citizen: appreciate your interest in the Town of Oro Valley. We pp Enclosed is an informational form which when completed will allow us to quickly process your application. WhileP the information asked for is optional. your supplying the information will greatly assist in nile:standing education.an understanding of experience and background to alisy, the best possible use of your talentswhichyou are so kindly willing to provide to the Town of Oro Valley and for which we thank you. Please return to the Town Clerk's Office. 11,000 N. La Canada Drive. Oro Valley, Arizona 85737-7015. Nameur •n � 7 A F A ICLI ki I LL I 4x4 Last First Middle - TLic. .i)v) Az Home Address _ / / 61-g Business Address --OW E-- s -i- r_ . Home Phone, business Phone -.c Number of Years in Oro Valley &T- V A/ (7-) /6:71)(-1 /7471/-"4-*/ V. 51/. iii/ �{/V' ‘7)- A/0/ gle r • 7 Date S�gnare '.._ Please state which board/commission you wish to join and why. rt.1,(.S D J - L44 CvLti\n-1 l c H Lt a Adv;,,o,i,,, (•_, ,t.iA,t„--TE-E-,- 1 i O i2 o .v A L L t- I a - T -i--1 v G .- _S E E 4 rn-)C.1-1 E D . �C� l7 �� -.,E:-)Icy,te Please list other community, civic, professional, social, educational, cultural or athletic organizationsyou have been affiliated with, length of time, any office held, and any achievements in those organizations you feel are noteworthy. .S E. f4 r rC Ci s t c,`7 011/41a. 0 What do youP consider your highest responsibility, skill or achievement: professionally and/or ,. personally, and why. 1 /---fir' Al IAC /ix--1) £ EtT1 c" C, EMPLOYMENT Please listrevious employment. List your past or present employment first: P P . Dates of Employment Company Name & Address ir 1. _ S( 'TW'JL) 2. 3. 4. S. (List Position & Job Description in numbered order as listed above) A-7171 , EDUCATION Briefly describe your educational background: Institut ion/School Degree Received 1. SLc A477711L-fiL--b -Z,� 3. 4. 5. Area of Study in numbered order as listed above: `‘ i, EE A 6- I.71L-b Other fields of study, professional institutes, training program. etc: IF DESIRED, FURTHER INFORMATION MAY BE ATTACHED 3 DOCIAPPFORM.KEC\10196 Attachment to "Oro Valley Board/Commission Application" for Arnold William Balthazar 07 November 1998 A. Please state which board/commission you wish to join and why. POSITION: TUCSON-PIMA COUNTY BICYCLE ADVISORY COMMITTEE, ORO VALLEY RERPESENTATIVE As a resident of Oro Valley and bicycle commuter during the past seven years, I have cycled throughoutand Tucson. I know the roads. I know the law as it Oro Valley applies to bicycle operation cle o eration on the road. I am familiar with many cyclist in the area and their opinion about the local roadways. I also belong to organizations that promote safe cycling. I can providepertinentinput in ut on cycling issues that affect cyclist of all ages in Oro Valley. B. Community, Civic, Professional, social, educational, cultural or athletic ro organizations affiliated with, length of time, office held, noteworthy achievements g (USAF)1. US Air ForceLt. Col., 21 years, retired 1 March 1998. Last five(5)years as FProgram -15 Manager responsible for several multimillion programs each year. g Z. UnitedCycling States Cycling Federation (USCF)/USA Cycling Member. Nine(9) years a. Four(4) time U.S. Armed Forces National Cycling Champion b. Five(5) time Arizona State Masters Champion 3. Arizona Cycling Institute (ACI). 2 years a. Cofounder and current Secretary b. Parent Organization of the Arizona Junior Velo Sports which promotes cycling among Arizona's youth. c. Both organizations are affiliated with and supported by the Governor's Council on Heath, Physical Fitness and Sports. 4. Armed Forces Cycling Association Member. Seven(7) years. C. What I consider highestresponsibility,my res onsibility, skill or achievements;professionally or personally, and why. 1. GreatestfHig hest Responsibility: My children and wife. Is there any greater responsibility for a father and husband? I am good at both. 2. Professionally: a. 1995 Channault Award Recipient. Presented by the Air Force Chief of Staff It singles out the US Air Force's "The Outstanding Aerial Warfare Tactician" for the year. b. 1990 to 1991. Selected by the Air Force Chief of Staff(Gen Meyers) to advise the Chief of the Joint Chiefs of Staff(Gen Colin Powell) and the Secretary of Defense (Mr. Cheney on the use of Air Superiority Forces deployed in support of Desert Shield and Desert Storm. It was an honor to work with/for these leaders. c. 1988 USAF Fighter Weapons School Graduate. Less than one tenth of one gh P percentpilots of all in the US Air Force are selected to attend this school. Even less graduate. considers graduation USAF equivalent to a Post Graduate Degree in Weapons.ons. Tactics, and Aircraft Employment. Fourteen College Graduate Credits are awarded at completion of the course. 3. ProfessionaUPe rsonal. Selection to 06 (Colonel) 1997 but elected to turn down the promotion to providefamily, rovide"roots" for my spent more time with them, and work for P myself. D. Employment and Job Position/Description 1. April 1997 to March 1998. USAF. F-15 Weapons Tactics Test Pilot and Programs Manager during last five(5) years at the Air National Guard Air Force Test Center 1600 ESuer Sabre Dr. (Bldg 10) Tucson IAP, AZ 85706-6081. (AATC) E. Super g Responsible for the Testing and Management of F-15 and Air Superiority Programs for r the Air National Guard and US Air Force. 2. March 1998topresent. System Aviation S stem Consultants L.L.C. owner/operator. 11690 N. DragoonSprings Dr. Tucson AZ 85737. Provides consulting and flight test p �. services on US Government and Civil Aviation Programs E. Education and Fields of study 1. I was one o three pilots (the others being Col Chaleff and Col Barnes) which Criteria, established TrainingCourse Standards, and wrote Course Materials in a new i t Vision Goggle Use&Employment in Fighter Aircraft for the USAF. field of N gh ggl Expertise in this field gained through Contractor equipment providers,ders, USAF Human LaboratoryNight Vision Academics at Williams AFB AZ, and by Resources gh _ - �n developmental and operational testing in the aircraft of intended use. pioneering p P Weapons School, F-15 Program. 2. USAF Fighterp Graduate- Radar, Weapons, Avionics, Airframe, and System Employment/Tactics Studies and mission/flight application evaluations and Life Support. USAF Safety School Graduate - Fighter aircraft life support systems inspection& maintenance, and aircraft accident investigation in the"Life Support" area. gr 4. USAF Undergraduate Pilot Training Graduate with Fighter, Attack, Reconnaissance (FAR) Designation USAF Basic and jet,Advanced instrument, formation, and acrobatic pilot training Ore 5. University of Portland, on Graduate, Cum Laude Oregon - Bachelor of Science in Physical Sciences (Chemistry, Biology, and Mathematics) 6. St Anthony Hig h School, Wailuku. Maui Hawaii Graduate, Top 10 13 TOWN OF ORO VALLEY COUN1CIL COMMUNICATION MEETING DATE: November 18, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Chuck Sweet, Town Manager Don Chatfield, Community Development Director Ken Lawrence, Parks and Recreation Administrator SUBJECT: CDO Riverfront Park site development process; Appointment of Public Art Selection Committee SUMMARY: At the regular Town Council meeting of September 16, 1998, Mayor and Council approved a contract with McGann and Associates to provide professional architectural and construction management services as part of starting the development of this park site. Since that time staff has met with the consultant on several occasions to establish a project schedule and initiate other critical preliminary project tasks. One such task is to implement the process of meeting the Town's 1% requirement for public art. The first step in this process is to appoint a temporary committee known as the "Public Art Selection Committee". Their primary function is to review proposals submitted to the Town by area artists and make a recommendation to Mayor and Council as to which artist and/or project the Town should accept for this site. The following list of names has been prepared by staff of those individuals whose participation might be considered critical to the success of this particular aspect of the overall park development project. Name Relationship to the Town Gigi Miller 1% Public Art Review Committee David Rigsby 1% Public Art Review Committee John Russell Parks and Recreation Advisory Boardmember Ken Lawrence Parks and Recreation Administrator Don McGann Consultant, McGann and Associates Harriet Hough Oro Valley Citizen , Dick Eggerding Greater Oro Valley Arts Council L; L. n...N �: STAFF RECOMMENDATION: If the above list of names meets with Mayor and Councils approval, staff recommends appointment of these individuals to the "Public Art Selection Committee" for the CDO Riverfront Park site development project. FISCAL IMPACT: $20,000 (Approximately 1% of project construction development budget) ATTACHMENT: 1. Letter from consultant recommending formation of Public Art Selection Committee for CDO Riverfront Park site. SUGGESTED MOTION: I make a motion to approve the appointment of those individuals listed above to the "Public Art Selection Committee" for the CDO Riverfront Park site development project as recommended. /40-26,-------- Pliks and Recreation Administrator De.. ment HJ.► tiid. A / Town Man.ger _a • McGann & Associates Landscape Architects and Planners 6814 North Oracle Road, Suite 210 Tucson, Arizona 85704 (520)297-9540 Fax: (520)29 7-9545 October 6, 1998 Mr. Ken Lawrence Parks Administrator Town of Oro Valley, Parks Department 680 West Calle Concordia Oro Valley, Arizona 85737 Ref: Public Art Selection Committee for CDO Riverfront Park Dear Ken, As discussed with you and Don Chatfield, it is our recommendation that a committee be empaneled to select an artist for the CDO Riverfront Park project. Using a model that has been implemented successfully by other jurisdictions, we recommend that the committee include the following: • The two individuals (architect and arts professional) currently on the Town's Public Art Review Committee. • One representative from the Parks and Recreation Advisory Board • One representative from the user department(Parks) • One representative from the consultant design team • One citizen-at-large who resides in the vicinity of the park site • One representative of the Greater Oro Valley Arts Council This eight member committee would be responsible for the selection of an artist for this project only and would not be a standing town committee. The committee members would be asked to participate in two meetings. The first meeting would be to review the slides submitted by interested artists and to select a "short-list"of candidates. The second meeting would be to interview those on the short-list and to select and artist to be recommended to the Town Council. Please review the above and let me know how you would like us to proceed with this item. ere , Donald K. cGann McGann & 4 ssocia -s Inc. x.c. File 98-404 TOWN OF ORO VALLEY 4 COUNCIL COMMUNICATION MEETING DATE: November 18, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: Melissa Shaw, AICP, Planner II SUBJECT: RESOLUTION No. (R)98-50 ,ADOPTING THAT DOCUMENT KNOWN AS THE TORTOLITA MOUNTIAN PARK MASTER PLAN BACKGROUND: This item was considered by the Council on August 5, 1998, and adoption of the Tortolita Mountain Park Master Plan was continued with direction to Pima County staff, Vistoso Partners and Town staff to collaboratively address issues raised during the meeting (see the attached minutes). On November 5, 1998, members of the Town planning staff met with representatives of Vistoso Partners and Pima County Parks and Recreation to address the specific issues raised regarding trail alignment, trail head location and park buffers. These issues, as well as concerns over the park planning boundaries and Honey Bee Canyon, were discussed and tentative resolution has been reached with specific recommendations, as discussed below. SUMMARY: The Pima County Board of Supervisors adopted the Tortolita Mountain Park Master Plan (Master Plan) on April 15, 1997. Mr. Dan Felix, Director of Pima County Parks and Recreation, has submitted the Master Plan to the Oro Valley Town Council for adoption, in support of the Board of Supervisors action. The key elements of the plan are summarized in this report. Park Description, Location and Master Plan Objectives. Tortolita Mountain Park is a public park that will provide recreational opportunities such as hiking, mountain biking, horseback riding, birding, camping and picnicking. Planning for the Park has been underway since 1986, when Pima County purchased 3,055.75 acres of private, undeveloped land in the Tortolita Mountains. The Park is located in what the Master Plan calls the "Tortolita Area", which is "generally viewed by the public as the relatively rural area located north of Tangerine Road, south of the Pima-Pinal county line, and between Interstate 10 on the west and Oracle Road on the east...[it] comprises some 65,000 acres which includes mountains, canyons, foothills, and alluvial fans, all dissected by a system of xero-riparian, and to a lesser extent, riparian washes". The Park's current eastern boundary is one mile from the Town of Oro Valley's most northwest limits, the northern boundary is on the Pima/Pinal County border, and the remainder is surrounded primarily by a combination of Arizona State Land, and private land located in the Town of Marana. A planning boundary has been established for the Park that, through additional property acquisition, recommends an ultimate goal of 21,030 acres total for the Park, as shown on the attached Draft Master Plan map. The objectives of the Master Plan are to provide for "the preservation and enhancement of the natural, cultural and visual resources of the Tortolita Mountains; the provision of opportunities for public use and enjoyment of the Tortolita Mountains and, the extension of the open-space network surrounding Tucson". Park improvements are proposed that include development of five Park facility sites, one of which is the Oro Valley Trailhead, located in Neighborhood 11 of Rancho Vistoso. Ultimately, the facility sites "will be connected with the interior of the Park by a multiple-use trail system". Parks, Open Space and Trails Master Plan (POST) Coordination. During the plan review period, Town staff reviewed the draft Master Plan and found the overall concept for the Park a positive plan that will be highly beneficial to the Town's residents. As stated in the Town of Oro Valley Parks, Open Space and Trails Master TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 Plan (POST), a major finding from a needs assessment survey conducted of Town citizens was that a "high percentage of Town residents are actively engaged in outdoor recreation activities, and that the existing park facility does not adequately meet the needs of the residents...". Some of the priorities indicated as important to Town residents by the needs survey include protection of open space, and that "large expanses of open space are important...to maintain a sense of place. The loss of trails through development is of great concern to many Town residents who engage in hiking, biking and equestrian activities". The proximity of the Tortolita Mountain Park to the Town and the proposed Town link to the Park provides an opportunity to address some of the needs expressed by the POST plan needs survey. General Plan Compliance. The General Plan specifically references support for the Tortolita Mountain Park in two policies of the Parks, Open Space and Recreation Element. (This element in part directly references the POST Plan.) Policy 6.2C "encourage[s] natural open space connection to and the expansion of Tortolita Mountain Park", and Policy 6.2E states to "explore strategies that would enable preservation on lands extending north and west from Honey Bee Canyon/Sausalito Creek and connecting to the Tortolita Mountain Park through independent methods and through coordination with Pima County...". Specific Issues. As noted above, the specific issues of concern to Vistoso Partners representatives regarding Council adoption of this plan were the trail alignment in Neighborhood 11 of Rancho Vistoso, buffer width and trailhead access to the park. • A proposed trail alignment map, prepared by the WLB Group as a result of several on-site hikes with Town and County planning staff and Vistoso Partners, has been presented to the County and tentatively agreed upon, pending field verification. • The location of the trailhead has been agreed to, although the provision of legal public access to the site is unresolved. All parties were amenable to future discussion on the access issue. • There was general agreement that the park planning boundaries, as shown, are conceptual and subject to adjustment. The trail alignment will in part determine the final park boundaries, and the trail will be designated as an easement with possible future dedication to the park. • The Master Plan calls for 150' to 300' as a buffer to the park on properties surrounding the park boundaries. Currently, the natural open space as shown along the northern boundary of the Rancho Vistoso PAD provides an average of approximately 1/4 mile of buffer to the park. It was generally agreed that this natural open space will provide much of the recommended park buffering, but that future changes to the open space designation on the PAD may permit development to encroach into the natural open space, that the buffer may in that case range from 50' to 150' in certain places. PLANNING AND ZONING COMMISSION AND PARKS ADVISORY BOARD RECOMMENDATION: The Planning and Zoning Commission reviewed the plan on July 7, 1998, and recommended adoption. The Parks Advisory Board reviewed the plan on July 16, 1998, and also recommended adoption. RECOMMENDATION: Planning staff supports approval of a resolution to adopt the Tortolita Mountain Park Master Plan, as clearly stated by policies in the General Plan, and as a facility that will work to meet the recreation needs of the Town's residents as identified in the POST Plan. We recommend adoption of the Master Plan. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 3 SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to adopt Resolution No. (R)98-50 ,that document known as Tortolita Mountain Park Master Plan. ATTACHMENTS: 1. Resolution No.(R)98-5'0 . 2. Excerpt from Town Council Minutes(8-5-98) 3. Draft Master Plan Map and Proposed Trail Alignment Map (Please reference copy of Master Plan distributed for the August 5th meeting for additional information). F:\projects\parks&rec\rpts\TrtPkTC2.Rpt t `« P1. W'and Zoning Admi 'stator r o cif ity Deve opme D' ector Town Manag•r RESOLUTION NO. (R)98.5o A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, ADOPTING THAT DOCUMENT KNOWN AS THE TORTOLITA MOUNTAIN PARK MASTER PLAN AND MAKING SUCH DOCUMENT A PUBLIC RECORD. WHEREAS, that certain document known as the Tortolita Mountain Park Master Plan, adopted by the Pima County Board of Supervisors and presented by Pima County Parks and Recreation to the Town Council for adoption; and WHEREAS, the Planning and Zoning Commission and Parks and Recreation Advisory Board have reviewed and recommended approval of said document; and WHEREAS, it is necessary for the preservation of the peace, health, safety, environment and recreation of the citizens of the Town of Oro Valley, Arizona, this resolution shall be effective thirty days after its passage and adoption by the Mayor and Council, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: That the document known as the Tortolita Mountain Park Master Plan, shown as Exhibit A and on file with the Town Clerk, is hereby adopted as a public document. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley this 18th day of November, 1998. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin G. Sidles, Town Attorney C\PROJECTS\parks&rec\ptsktortprk.res 08/05198 Minutes, Town Council Regular Session 12 PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES, AND AMENDMENTS THERETO (PROPERTY LOCATED SOUTH AND WEST OF THE EXISTING TOWN LIMITS, GENERALLY IN THE LA CHOLLA/LAMBERT LANE AREA) Town Manager Chuck Sweet stated that Map #4 is approximately 401 acres (Lambert Lane/La Cholla area.) He explained that 66% of the property owners subject to future taxation signed in favor of the annexation bringing with them 69% of the assessed valuation. The fiscal analysis established a range of current land use designations over a 10 year period of a $60,000 negative fiscal impact and under the current General Plan, established a $5.1 million positive impact over the same 10 year period. Mayor Loomis opened the public hearing. Robert Stubbs, 55 Sierra Vista Drive, stated that he is owner of a portion of the 160 acres on the southwest corner of Lambert Lane and La Cholla Drive. He stated that the development of the intersection of these two streets would have a definite impact on the Town of Oro Valley. He stated that he was in favor of the annexation. Mayor Loomis closed the public hearing. MOTION: Council Member Johnson MOVED to adopt Ordinance No. (0) 98-31, annexing into the Town of Oro Valley the property known as "Map #4 (Lambert Lane/La Cholla Annexation.) Council Member Skalsky SECONDED the motion. ROLL CALL VOTE: Council Member Johnson — aye Vice Mayor Parisi - aye Council Member Skalsky — aye Council Member LaSala — aye Mayor Loomis — aye Motion carried, 5 — 0. 10. PUBLIC HEARING — RESOLUTION NO. (R)98-50- ADOPTION OF MASTER PLAN FOR TORTOLITA MOUNTAIN PARK (LOCATED NORTHWEST OF TOWN LIMITS) Town Clerk Kathryn Cuvelier referenced a handout and stated that The WLB Group has requested a continuance of consideration of the Master Plan for Tortolita Mountain Park. 08/05/98 Minutes, Town Council Regular Session 13 Community Development Director Don Chatfield stated that the Pima County Board of Supervisors adopted the Tortolita Mountain Park Master Plan on April 15, 1997. He explained that the Master Plan has been submitted to the Town of Oro Valley to also consider adoption. He said that the objectives of the Master Plan are to provide preservation and enhancement of the natural, cultural and visual resources of the Tortolita Mountains, and to provide opportunities for public use and the extension of the open-space network surrounding Tucson. Mr. Chatfield stated that the Planning and Zoning Commission and the Parks and Recreation Advisory reviewed the Master Plan and recommended adoption. Mr. Chatfield summarized concerns expressed by The WLB Group and Vistoso Partners regarding adoption of the Master Plan. He explained that the Tortolita Mountain Park Master Plan shows a portion of the Vistoso Partners private property within the boundaries of the proposed park expansion. He also explained that the Master Plan shows a trail route and trail head on the private property. The Vistoso Partners have also expressed concerns regarding the requirement for 300 foot buffers or setbacks around future park lands. Mr. Chatfield explained that because the Master Plan is a policy document and does not lock in certain configurations, staff can stand with the recommendations from the Planning and Zoning Commission and the Parks and Recreation Advisory Board to adopt the Master Plan. He stated that if is the Council's desire to continue the item, staff would work with Pima County Parks and Recreation and Vistoso Partners in order to address the issues before returning the item to Council. Mr. Dan Felix, Director of Pima County Parks and Recreation, stated that it was very important to get a vote of confidence from the Oro Valley Town Council. He stated that the park is a regional park and includes federal, state, county and private land. He stated that they needed to develop a document that set the footprint for use and expansion of the park. He stressed that it was a planning document and it will change as the community changes, but the principles of protecting the wildlife and the land use will remain. He stated that the items brought forward by the Vistoso Partners and The WLB Group regarding the trail can be easily resolved and they would be willing to work with Town staff and the property owners to resolve concerns. Mr. Felix asked that Council adopt the Master Plan, to provide guidance to the staff to move forward. In answer to a question from Council Member LaSala regarding a two week continuance, Mr. Felix stated that his preference would be that Council make a decision on what was presented. He stated that two weeks or even two months is simply a postponement of an important function of future protection of the parcel of land. Council Member Johnson stated that the Tortolita Mountain Park is very important to everyone. He stated that he looked forward to adoption of the g Minutes, Town Council Regular Session 14 08/05/9 5 Ma ter Plan but had some concerns regarding the issues brought forward. He st I that it was in favor of continuing the item focusing on the particular items reg arding the trails, trail heads and buffers and bring it back to Council as soon as possible. P Mr. Felix stated that it is important to know what the direction would be from the policy makers. He stated sometimes concessions are made that are not in the best interest of the land. Vice Mayor Parisi stated that he agreed with the concept of the Tortolita Mountain Park but he did not see any urgency in the adoption of the Master Plan. He stated that The WLB Grouphas always planned good projects and he did not harm in postponing the adoption of the Master Plan for a short period of see any p p g P time. Council Member Skalskystated she has heard of a letter stating that the Town supported buying Pima Countybu in land in Neighborhood 11 in Rancho Vistoso. She stated that she did not support that issue. She further stated that she wanted to continue consideration of the adoption of the Master Plan. Mayor Loomis opened the public hearing. Charles Hulsey, The WLB Group, 4444 E. Broadway, representing Vistoso vers stated that they are owners of approximately 500 acres that are IN-hided p P in the proposed Master Plan area. Mr. Hulsey stated that they have been trying in to work with county staff to finish the hike of the area to determine the trail. He stated that theydid not think there was anything that they could not resolve over aP eriod of time but they would like more time to work with county staff. The following spoke oke in favor of the Tortolita Mountain Park Master Plan and urged Council to adopt the Plan. Patty Estes, 11700 N. Joi Drive Hector Conde, 14040 N. Lobelia Gary Chandler, 10390 N. Rancho Sonora Drive Karen Stratman, 17070 N. Placita Caracol Dick Maes, Vistoso Partners, stated that the first time he saw the document was March, 1997. He explained that he had no problem with the park itself but that inP the problem lies with the fact that the Master Plan shows their private property as being impacted acted by the plan. He stated that he realizes that it is a planning document but it should be adopted as a corrected document. 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C4"'•' ''Ft" 7,--,. 0 ".-.1-1Q '.4.-- 0 Ea i c-... ----) :..'f'a., ) :i,--Li' P ',1 0- ,,,n O �, 4P-,. to i :~:‘41,,i.:?•..., ;` °i 4, 4 ,.. r ty-- - ,,, :,,„1 .ri= -„,,,,,;-,,,,-./1_, -------, ,•-, 4 1. r:4) - ........... 1 I, r..; . it to I V) 1 ,,, 1 R -r`-4 !�' 'M N ,1 C1 �' •# Of -. .,. ,:..,,i�;i..,1� 1®:,I.t�a r.�r, ,,,,ii.,:�,� tm Mile TOWN OF ORO VALLEY 5 COUNCIL COMMUNICATION MEETING DATE: November 18, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: Resolution No. (R)98-95 Designating March 9, 1999 as the Election Date for submitting an Initiative Measure SUMMARY: Initiative petitions were submitted to the Town on July 2, 1998. The Town Council was advised by outside counsel that the phrase "the next ensuing election" referred to the next election held by the Town. The Pima County Recorder certified that there were enough valid signatures to place this measure on the next ensuing election ballot. The Town Council chose not to call a special election for November 3, 1998, therefore the measure would be placed on the March 2000 Oro Valley Primary Election Ballot. Gary Schmitz sued the Town requesting that this initiative measure be placed on the November 3, 1998 ballot. By the time a hearing was held on the lawsuit, the deadline had passed for placing anything on the State's ;neral Election Ballot of November 3, 1998. Judge Brown ruled that the initiative should have been placed on the November 3, 1998 ballot, and ordered the Town to hold a special election on March 9, 1999 for the initiative. Judge Brown's ruling is the subject of a pending expedited appeal to the Arizona Court of Appeals, but no ruling has been issued to date. This resolution complies with Judge Brown's ruling, but provides for automatic cancellation of the special election in the event of a reversal by the Court of Appeals. The purpose of this election is to submit the question of an Initiative measure submitted by the Oro Valley Fraternal Order of Police. The proposed measure, if approved by Oro Valley voters, proposes to adopt an Ordinance providing for negotiation procedures and arbitration; and prohibiting certain employee-employer practices. FISCAL IMPACT: $15,000.00 SUGGESTED MOTION: I MOVE to approve Resolution No. (R)98-95, designating March 9, 1999 as the Special Election for the purpose of placing before the voters of Oro Valley an Initiative Measure, subject to cancellation in the event of a reversal of Judge Brown's ruling by the Court of Appeals. TTACHMENTS: 1. Minute Entry from Judge Michael J. Brown 2. Resolution No. (R)98-95 3. Initiative Measure TOWN OF ORO VALLEY _OUNCIL COMMUNICATION Page 2 of 2 1,2 rn i e .��mint 'fid P ` j Town Manager • t-pEcIrv -v---)--) F ILE:13 JAME3 N.COMETT •, r,,., e1;ra1r.R COURT a 1 t•r S1 1e e '• . OCT .033T ROSENFELD OC; - 5 A1E: 5 ARIZONA SUPERIOR COURT, PIMA COUNTY RIDGE: HON. MICHAEL BROWN,PRESI9 $je ,riu H.Ot_�Azio. iJNO. 328724 COURT REPORTER: NONE DATE: October 2, 1998 • GARY SCI TZ Plaintiff vs. (/�T ��/j��, �(� et KATHRYN VU V ELLER etc., al. Defendant MINYTTE ENTRY AMEINTDED MMUTE ENTRY INC ERS: • The defendants have filed a Motion for Clarification of the Court's minute entry of October 1, 1998 and the Court has conferred with counsel,telephonically. The Court thanks counsel for the defendant for calling to its attention the provisions of A.R.S• §16-204(B) effective April 23, 1996. In recognition of the requirements of A.R.S. §162O4(B), the last paragraph ofthe minute entry issued by the Court on October 1, 1998 is amended as follows: IT IS HEREBY ORDERED that the defendants call a special election not later than December 3, 1998 , pursuant to Oro Valley Town Code Section 2-3-6.A. for the purposes of voting on this initiative, OVI-98-001, the election to be held on the second Tuesday in March of 1999 (March 9, 1999) . pursuant to A.R.S. §16-204(B)(1). e-- jojobirol Michael J.Brown Presiding Judge /. cc: Hon.Michael Brown, Presi " g Civil Calendaring Caroline A.Pilch, Esq. Frank Cassidy, Esq. Wendy S.Howell Deputy Clerk b it7• rr-11-1N7S0LSf19 WH20:T T P5, 7T Ant.] RESOLUTION NO. (R)98-95 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DESIGNATING MARCH 9, 1999 AS THE ELECTION DATE AND PURPOSE OF ELECTION;DESIGNATING THE DEADLINE FOR VOTER REGISTRATION; AND PROVIDING FOR AUTOMATIC CANCELLATION IN CERTAIN CIRCUMSTANANCES. WHEREAS, the Town has received an Initiative measure submitted by the Oro Valley Fraternal Order of Police ("the FOP Initiative") proposing to adopt an Ordinance providing for negotiation procedures and arbitration and prohibiting certain employee-employer practices; and WHEREAS, the Town Council has been ordered by Pima County Superior Court Judge Michael J. Brown to call a special election on March 9, 1999 for the FOP Initiative; and WHEREAS, the FOP Initiative is the subject of a pending accelerated appeal to the Arizona Court of Appeals; and WHEREAS, the decision on appeal may make it unnecessary to hold the March 9, 1999 Special Election. BE IT RESOLVED, by the Mayor and Council of the Town of Oro Valley, Arizona, as follows: SECTION 1. DESIGNATION OF ELECTION DATE; PURPOSE A Special Election of the Town of Oro Valley, Arizona is hereby called and set for March 9, 1999, for the purpose of submitting the FOP Initiative to the qualified electors of the Town. SECTION 2. DESIGNATING DEADLINE FOR VOTER REGISTRATION Pima County registration and voting lists will be used for the municipal election. In order to be qualified to vote you must be registered by 5:00 p.m., February 8, 1999 for the March 9, 1999 Special Election. SECTION 3. AUTOMATIC CANCELLATION OF ELECTION Upon the issuance of a decision by the Arizona Court of Appeals or the Arizona Supreme Court reversing Judge Brown's order, the March 9, 1999 Special Election shall be automatically cancelled without the need for further action by the Town Council. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 18th day of November 1998. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney Initiative proposing, to adopt the following Ordinance to be added to the Code of the Town of An P P .. .- Oro Valleywhen approved bya of the qualified electors voting. thereon, or, upon approval PP majority by the Town Council of the Town of Oro Valley: ORDINANCE NO. AN ORDINANCE DECLARING THE INTENTION OF THE TOWN OF ORO VALLEY TO PROMOTE HARMONIOUS EMPLOYER-EMPLOYEE RELATIONS THROUGH IMPLEMENTATION OF FORMALIZED PROCEDURES; ESTABLISHING A FORMALIZED FRAMEWORK FOR EMPLOYER-EMPLOYEE RELATIONS AND RECOGNITION OF THE ORO VALLEY FRATERNAL ORDER OF POLICE; PROVIDING FOR NEGOTIATION PROCEDURES AND ARBITRATION; PROHIBITING CERTAIN EMPLOYEE-EMPLOYER PRACTICES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND, PROVIDING FOR SEVERABILITY; BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA as follows: SECTION 1. Findingsand Purpose. The ORO VALLEY Town Council hereby finds and rp declares that: A. The people of ORO VALLEY have a fundamental interest in the development of P harmonious and ve coo eratirelationships between the Town government and its employees; P P B. Joint decision-making is the modernof administering government. When public ,. way gr rightaffecting wages and working anted the to share in the decision-making process employees are . s theybecome more responsive and better able to exchange ideas and information on conditions, p operations with their administrators. Accordingly, government is made more effective. C. Recognitionpublicemployers by of the right of public employees to organize, and full acceptance of the principle and procedure of full communication between public employers and p public employee organizations can alleviate various forms of strife and unrest; D. employees The Town, its em to and the Employee Organization have a basic obligation to P theP ublic to assure the orderly and continuous operations and functions of government; alp of status between public employees and E. There neither is, nor can be, an analogy private employees,to in fact or law, because of inherent differences in the employment relationship out of the unique fact that thepublic employer was established by and is operated for the arising q benefit of all the people and its authorityandpurpose derives not from contract nor the profit motive P P inherent in the principle rind le of free private enterprise, but from the Constitution; state statutes; ;ordinan ces; resolutions; the Code of the Town of Oro Valley; and,civil service rules and regulations. Ord. Page to obligatethe Town, and public is the purpose of this Ordinance employees and their the framework of the law, to enter into negotiations operatinv within wlllingn affirmative w , .ess to reach agreement on matters relating to wages, hours and working conditions. It is also the purpose of this ordinance to promote the improvement of employer- employee relations by providingrecognizing a uniform basis for the right of public employees to employee and be represented in their employer- employee or refrain from joining, an p organization " g with the Town in accordance with the provisions of this Ordinance. relations and deaiin�sPolice '" ce to initiallyrecognize the Oro Valley Fraternal Order of It is also the purpose of this ordinance � officers, authorized employee representative for all sworn police of , Lodge #53 as the initial sole above Lieutenant, and others specified in this Ordinance who are exclusive o f those in the rank o f b " for the purpose of negotiating with the Town of Oro employed by the Town of Oro Valley, Arizona Ordinance that the results of agreements between the employer Valley. It is also the purpose of this O and the employees will be drafted into written memoranda of understanding, and that if an agreement between the employer and the employees cannot be reached, the unresolved issue(s) will be submitted to compulsory, final and binding arbitration. SECTION 2. Definitions. As used in this ordinance: means an award prepared by an arbitrator appointed to hear a A. "Arbitration Award" matter when an impasse exists. means the employee organization which has been B. "Authorized Representative" P d in employer as re resenting the public employees describe formally recognized by the publicP g for the authorized to participate in the bargaining process Paragraph K of this Section, and which is P P purpose of bargaining on wages, hours and working conditions. "CollectiveBargaining" performance of the mutual means the l obligation of the publicees of the authorized or his desi ee and the design employer through its chief administrative officer � meetings in advance of the budget making representative to meet at reasonable times, including g good faith with.respect to wages, benefits, hours and other terms and process; and to negotiate in P of a written of employment or question arising thereunder, and the execution conditionsany memorandum of understanding embodying all agreements reached, but such obligation does not compel either party to agreeto a proposal or the making of a concession. The bargaining process p p shall be completed in all instances on all economic items prior to the date set by law for tentative duty g The to bargain includes the duty to submit any agreement adoption of the annual budget. . matters to thepublic employer for action pursuant to this ordinance. reached on these one whose responsibilities or knowledge in D. "Confidential Employee" means P t issues involved in negotiating pursuant to this ordinance connection with the employee-management official duties. would make his or her membership in the organization incompatible with his or her accountable to those in management include staff employees reporting to and Such individual(s) P responsible forp Y relating the conduct of em to ee-management discussions;especially those to wages, es, hours or working conditions of organization-represented loyees, and any employee who assists employees, Ord. ..1 Page 3 person acts in a confidential capacity to a who formulates, determines or effectuates employee- management policies. means the Oro Fraternal Order of Police Lodge#53 E. "Employee Organization" Valley designated in accordance with the provisions of this or any subsequent entity which may be Ordinance. but is not be limited to, the willingness of both parties to F. "Good faith" shall mean, . reasonable times and laces, as mutually agreed upon, in order to negotiate on proper meet at p a common accord. It shall include an obligation for both parties subjects with the intent o f reaching making discussions with an open mind and a sincere desire, as well as to participate actively in the p � a party differences and come to an areement. In determining whether a sincere effort, to resolve g as the to in good faith, the total conduct of the parties during discussions as well has failedbargain ., specific incidents of alleged bad faith should be considered. Incidents indicative of bad faith shall include, but not be limited to, the following occurrences: reasonable times and places with representatives of the (1) Failure to meet at other party for the purpose of negotiating. (2) Placing unreasonable restrictions on the other party as a prerequisite to meeting. (3) Failing or refusing to discuss negotiable issues. written request, to (4) Refusing, upon reasonable , rovide public information or provide information pertinent to the subjects of negotiations. (5) Refusing to negotiate because of an unwanted person on the opposing negotiating team. ated representative of the public employer and Cl. "Impasse"means the failure of a design p anyor all items which are the subject of the authorized representative to achieve agreement on bargaining. "Managerialemployee involved in formulating, determining, H. Employee"means any policies on behalf of the public employer, or any employeehaving or effectuating Town or agency ee relations on behalf of the public employer. a major role in employer-employ a written memorandum of understanding I. "Memorandum of Understanding" means shall employer and the authorized representative,which arrived at by the representative of the public empl y ee be presented to the Oro Valley Town Council and to the membership of the authorized employ • organization for appropriate action. • Ord. Page 4 "Professional Employee In any employee J. " ciudes who is registered as a qualified public professional by a board of registration or body established for such purposes under the olraph operator. Certification of a sworn police officer laws of Arizona or any psychologist or p ,yg _ P � ed by the Arizona Peace Officer's Standards and Training Board as a police officer shall not be deem to make such police officer a"Professional Employee" under the terms hereof. means for thepurpose of this ordinance sworn Police Officers K. "Public Employee" VALLEY but excepting, Managerial, Confidential and employed by the TOWN OF ORO P �. Supervisory employees. L. "Public Employer" means the TOWN OF ORO VALLEY, a municipal corporation, and its duly authorized officers and agents acting on behalf of the TOWN OF ORO VALLEY. M. "Representative of the public eTnp loyer"means the Town Manager or his designated supervisoryemployees acting on behalf of the public employer representatives and managerial and su peryem p in the bargaining process. N. "Strike" means the failure by concerted actions with others to report for duty, the concerted absence of employees from their positions,ositions the concerted stoppage of work, or the part by any ou of employees from the full, faithful and proper concerted abstinence in whole or in �' P P Q ent in duties of employment with apublic employer, or the concerted engagem performance of the ducininfluencingor coercing a change in wages, hours or a work action for the purpose of in g, working conditions or terms of employment. anyemployee having authority, in the interest of the O. "Supervisory Employee" means The suspend, layoff, recall, promote, or discharge other employees.Public Employer, to hire, y the use such authoritycannot be of a merely routine or clerical nature, but must require exercise of entjudgement, and does not include the authority to make recommendations onlY. of independ SECTION 3. Town Management Rights. A. Town Council. The Mayor and Town Council are recognized as the policy making body of the TOWN OF ORO VALLEY. Town to determine thepurpose of each of its departments, set B. It is the right of the thepublic and exercise control and discretion over its standards of service to be offeredto ' ci also the right of the Town to direct its employees,take disciplinary p organization and operations. It is action for proper cause pursuant to applicable rules and regulations, suspend or relieve itsemployees PP ther legitimate reasons, determine whether goods or from duty because of lack of work orforo purchased or contracted for, and determine the methods, means and services shall be made, Council employer's operations are to be conducted. The Mayor and Town personnel by which the p discretion,may, at their option and sole discr , direct the Town Manager to consult with the Authorized :.1. Ord. # Page 5 Representative consequences resentative about the direct that decisions on matters solely within the Town Management Rights set forth herein may have on wages, benefits, hours and working conditions. C. The Town and the Chief of Police have the exclusive right and authority to schedule work and/or overtime work as required in the manner most advantageous to the Town. D. The Town and Chief of Police reserve the right to discipline or discharge employees for cause, pursuant to applicable rules and regulations. E. The Town and Chief of Police shall determine assignments, and establish methods and processes by which assignments are performed. F. The Town and Chief of Police shall have the right to transfer employees within the Police Department in a manner most advantageous to the Town except the Town or Chief of Police may not transfer an employee as a form of discipline. G. specifically ecprovided Except as otherwise s ificall in this Ordinance, the Town and the Chief of Police retain unqualifiedly all rights and authority to which by law they are entitled. Any and all H. rights concerning the management, organization, and direction of the and the police force, includingthose set forth in the Ordinance, shall be Police Department exclusively the right of the Town and the Chief of Police unless otherwise provided by the express � terms of this Ordinance as permitted by law. I The enumeration of the above rights is illustrative only and is not to be construed as being all inclusive. SECTION 4. Public Employees' Rights. A. Public employeesshall have the right to join and participate in the employee organization, or to refrainjoining participating from orin same. A public employee shall not hold any electiveany Employee orappointive office in Em to ee Organization until such employee shall have successfully completed the probationary period following their initial employment. P B. employees Public em to ees shall have the right to be represented by the Employee Organization, to bargain through the Authorized Representative with their Public Employer in the gn g P of wages, benefits, hours and workingconditions, and, to be represented in the determination g determination of grievances arising thereunder. does notprevent anypublic employee from discussing any matter of C. This ordinance P urs and workingconditions as long as the intent of this ordinance is not violated, wages,benefits,ho g irrespective of the recognition of the employee organization. • Ord. Page 6 Organization shall have itsperiodic membership dues deducted and D. The Employee . Employer from the salaries of those employees who present shed cards, in collected by the Public Public Employer, authorizing, the deduction of such dues. Such a form satisfactory to the p .. . cards may bepresented to the employer in person,by mail, or through a representative. authorization Such dues shall be transmitted to the Oro Valley Fraternal Order of Police LodQe #53 on a monthly basis. Dues deductions maybe revoked by the employee upon written notice of such revocation to the Employee Organization, only in the first two weeks of January and the first two weeks of July in any year and a copy shall be filed with the Town. er may not entertain a written authorization on behalf of any other E. The public employer employee organization from any employee em loyee in said unit for the deduction and collection of dues. F. Confidential, manavsupervisory Aerial and employees shall not be represented by the tion nor shall such employees take an active role in the policy making activities employee organization. P nor shall such employees participate directly or indirectly in the o f the employee ory anization, p bargaining aininrepresentatives or assistants to the public employer. process except P as G. The Employee Organization maybe represented by an attorney licensed to practice law in the State of Arizona during all negotiations with the Public Employer. SECTION S. •.- . 1 I -... .•. •• . ss •.• .C' ••• a r. . • I • . . . bargaining include and all matters regarding wages and A. Mandatory subjects of barg g any Other subjectspermissible subjects of bargaining and benefits,hours and working conditions. are process if requested bythe authorized representative. This shall be discussed during the bargaining q paragraph is subject to the following: (1) Federal and State Laws. (2) The ORO VALLEY Town Code. (3) The impasse procedures of this ordinance shall not apply to permissive subjects of bargaining. erstanding ed by the Authorized Representatives shall be si B. A Memorandum o f Und � sip ed of the Public Employer. Such the Re of the Employee Organization and by P effective upon approval of Understanding shall becomeP by the ORO VALLEY Town Council. C. A Memorandum of Understanding may be executed for a period not to exceed three (3) years. An Arbitration Award shall be valid for a period not to exceed three (3) years. Ord. Page 7 D. An Arbitration itratlon Awara shallrbe sied by the arbitrator, filed with the Clerk of the approved bythe OroValley Town Council at the earliest date following Town o f Oro Valley and ,� the filing of the Award with the Clerk. An Arbitration Award shall become effective upon approval by the Oro Valley Town Council. SECTION 6. -Q. •. .. ..: I- .n. -. - .- . .- ' • . Council recognizes and affirms the unilateral right of the A. The ORO VALLEY Town gm its representative(s) for the b argaining process. The Town Employee Organization to aeslgnate P or his designees shall serve as the Town's representative(s) in the bargaining process. Manager ) � desi�iated orhis desianee(s shall meet and negotiate solely with the duly The Town �lanaver � , ) Oranization, and representative(s) of the Employee Organization representatives s) of the Employeeg � P solely with the designated representative(s) of the Town Manager. shall meet and negotiatev B. The Public Employer and the Employee Organization shall have the duty through appropriate officials or representatives to bargain in good faith with respect to wages and benefits, g hours and working conditions. C. Whenever an Employee loyee Organization desires to negotiate concerning any matter which is subject to negotiation pursuant to this ordinance , it shall give written notice of that desire to the Town through the Town Manager. for in subsection C, the Em D. Following the notification providedployee Organization or the Public Employer . information concerning any subject matter necessary may request reasonable � within ten(10)re uested must be furnished for and relevant to the negotiations. The informationq information must be accurate and must be presented in workings days to the requesting party. The rill n the format . in which the records containing it are ordinarily a form responsive to the request and i kept. year in which collective bargaining is authorized E. On or before December 1, of any y Memorandum of Understanding orArbitration Award in by this ordinance and the terms of any er its shallpresent to the representative of the Public Employ effect, the Employee Organization P � the Town proposed Memorandum of Understanding in writing, and shall file a copy thereof with Clerk as a public record. 15, the Employee F. Thereafter, on or before December Organization shall be afforded � its the opportunity to make a presentation regarding proposed Memorandum of Understanding and information in supportthereof to a regular meeting of the Town Council. initial proposals, positions and offers of the Public G. On or before January 5, the P P . the of the Employee Organization, shall be presented to Employer, in response to the proposals cord. Employee Organization. Copies thereof shall be filed with the Town Clerk as a public re Ord. Page S H. Upon agreement being reached on a Memorandum of Understanding between the immediate) forwarded representatives of the parties, it shall bey to the Town Council and the Employee Organization. If either the Council or the Employee Organization fails to accept any part Memorandum of Understanding, the entire Memorandum is subject to renegotiation of the proposed .. at the request of the Town Manager or the Employee Organization. If the proposed Memorandum of Understanding has been approved by both the I. Council, it shall be filed with the Town Clerk as a public Employee Organization and the Town thereafter the Town Council shall provide on its agenda an record. At the earliest practicable date the opportunity for public comment on the terms of the Memorandum of Understanding prior to Council acting thereon. extended bymutual written agreement of the Town's J. Any time period herein may be duly appointed representative and the Authorized Representative. K. When an authorized Employee ee Organization has not been certified prior to January shall begin on January 15. In all cases, all collective 1, the process outlined in paragraph E g es on economic issues shall be concluded prior to the date set by bargaining and impasse procedures the Town Council for the tentative adoption of the annual budget for the following year. SECTION 7. Resolution of Impasses. A. During the course of collectively bargaining over the terms of a Memorandum of impasse Understanding, the parties may adopt such informal resolution procedures as they deem appropriate. reasonableperiod of time, an agreement is not reached, or B. If, after bargaining for a ' eithermayrequest submission of the dispute if no agreement is reached prior to February 28, party directly to compulsory, final and binding arbitration. ' Q contact the American Arbitration Association C. The party requesting arbitration shall Arbitration Association(AAA) shall forthwith furnish for selection of an arbitrator. The American • the parties with the list of not less than five (5) qualified arbitrators as kept by the AAA from which the parties may alternately strike names until a single name is left who shall then be appointed as the arbitrator. If, within 48 hours, partiesthe the have not selected an arbitrator, the party requesting arbitrator it wishes to arbitrate to the dispute. The same party arbitration shall promptly choose the section. with a shall provide the assigned arbitrator copy of this Ordinance, and specifically, this D. The arbitrator shall set an arbitration hearing date to be held no later than fifteen(15) and shall give no less than five (5) working days after the arbitrator's appointment to the matter, hearing date to eachparty. Arbitration proceedings working days written notice of the arbitration bean � e thisterminated under section shall not be interrupted or by reason of any prohibited practice charge filed by either party at any time. Ord. # Page 9 E. The arbitrator shall arrange for a full and complete record of the hearings. Upon shall issue request of either party, the arbitratorsubpoenas for the attendance of witnesses at the arbitration hearing. The arbitrator may administer oaths and all testimony shall be given under oath. o of the arbitration, EXCEPT one-half of the costs and F. Each party shall payexpenses that each party shall be responsible for the costs of its respective witnesses or representatives. arty G. At the hearinv, the arbitrator shall receive information concerning the dispute and of shall conduct the hearing with the objectiveachieving a prompt, peaceful, and just settlement of the disputes. The factors, among others, to be given weight by the arbitrator shall include: (1) The lawful authority of the employer. (2) Stipulations of the parties. income o f employment(3) Comparison of the annualP Yment o f the public employees in question with the annual income of employment maintained for the same or similar work of employees exhibiting like or similar skills under the same or similar working conditions in the local operating area involved. income o f employment(4) Comparison of the annualP Yment o f the public employees in question with the annual income ofemployment public em to ent of employees in similar public employee governmental bodies of comparable size within the state. hours and workingconditions of employment of the (5) Comparison of employees involved in the arbitration proceeding with the hours and working conditions of employment ent of other employees performing similar services: P (a) in public employment in comparable communities; (b) in private employment in comparable communities. (6) The interest and welfare of the public. peculiarities of employment(7) Comparison of P Yment in regard to other trades or professions, specifically with respect to: (a) Hazards of employment. (b) Physical qualifications. (c) Educational qualifications. (d) Intellectual qualifications. (e) Job training and skills. (f) Retirement plans. (g) Sick leave. (h) Job security. • Ord. Page 10 prices The averageconsumer for goods and services, commonly known as the cost of living. (9) Availabilities of funds. A determination of the financial ability of the Public Employer must be based on all existing available revenues as established by the Public the obligation of the Public Employer to provide facilities and Employer with due regard for services guaranteeing the health,welfare and safety of the people residing within the political subdivision. compensation presentlyreceived by the employees, including (10) The overall p compensation,direct wagevacation, holidays and excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received. (11) Changes in any foregoing the fore oing circumstances during the pendency of the arbitration proceedings. (12) Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of wages,hours and conditions of g,mediation, fact-finding, arbitration orga collective bargaining,employment through voluntary � . otherwise between the parties, in the public service or in private employment. the arbitrator, the parties may, before the submission of H. At the recommendation of the arbitrator's final decision, negotiations.enter into ne otiations. If negotiations are begun, the arbitrator may foraperiod not to exceed two (2) weeks. If the parties reach an agreement adjourn the hearings of negotiationperiod, the agreement shall be reduced to writing,during this titled a Memorandump Understanding, and the parties shall take the steps and follow the provisions of Section 6, H and I above. Once the Oro Valley Town Council enacts the Memorandum of Understanding, the arbitration terminates. If the parties enter into negotiations as provided in H above, but do not reach an I. agreement within two (2) weeks, the arbitration hearing shall resume. J. Following the conclusion of the arbitration hearing, each of the parties shall, within five (5) working days, submit a single written statement containing its final offer for each of the unresolved issues. `'thin ten(10) da s after the final offers are submitted, accept K. The arbitrator shall, 1 Y is on the basis of the criteria stated above, and shall prepare a written one o f the written statements, Arbitration Award according.g. The arbitratorreport shall r ort his decision to the parties. The decision of the arbitrator is final and binding on the parties. L. The decision of the arbitrator must include a statement giving his or her reason for accepting the final offer that is the basis of the award. Ord. " Page 11 shall be filed with the Clerk of the Town of Oro Valley. M. The final arbitration award h e Town of Oro Valley shall provide on its agenda the At the earliest practicable date thereafter t arbitration award for action, and, shall then act thereon. N. Whether or not all the processes required by this section are completed, if no award filed with the Clerk of the Town of Oro Valley agreement has been reached, or no arbitrationa Ie directlyto the Town Council of the Town of Oro V alley by April 20, the matter shall b e submitted in accordance with the following: g days AprilTown Manager of Oro 20, the (1) Within five (5) working following P tve and the Employee Organization shall submit to the Valley or his designated representative P . Council a written position statement on all unresolved issues in dispute. Town days followingreceipt of the written position (2) Within ten (IO} working, . Valley shall conduct a public hearing at which the statements, the Town Council of Oro . full opportunity to present evidence and explain their respective parties shall be givenpp rY positions on all unresolved issues. (3) Within ten(10)working days following the conclusion of the public hearing, the Town Council of Oro Valley shall take such action as it deems to be in the public employees,Interest, including the interest of the publicpublic employer and the public.P Y ees, (4) The final decision of the Town Council of Oro Valley shall include a statement giving the reason(s) for its decision. SECTION 8. Prohibited Practices. A. The Public Employer is prohibited from: (1) Interferenceemployee with em to ee rights under this ordinance. (2) Domination of the Employee Organization. (3) Discrimination against employees for membership in the Employee g g inconcerted activities permitted by this ordinance or by Organization or for engaging applicable law. (4) Retaliation against employees for invoking their rights under this ordinance. to ne otiate with the Employee Organization. (5) Refusing g Ord. # Page 12 bythe Town unless required to protect and preserve (6) There shall be no lockout the public•e peace, health, or safety of the Town and its residents or required by the Town to enforce any violation of this ordinan , any written contract or any applicable laws. y B. The Employee Organization is prohibited from: (1) Restraining or coercing employees in the exercise of their rights under this � ordinance. to unlawfully Causing an employer discriminate against any employee. (3) Refusing to negotiate with the employer. Q restraining anyperson with (4) Threatening, coercing, or restrai � the objective of forcing with the Employee Organization. the employer to come to an agreement, (5) Causing the employer to pay for services not to be performed. ' Employee from determining (6) Nothing herein shall prohibit anOrganization obtainingor retaining membership rights in said and maintaining its own rules for u organization so long as said rules do not bear upon any rights to employment with thePublic Employer. Q opinions, or the dissemination thereof, C. The expression of any views, arguments, or p � whether in written, printed, graphic or visual form, shall not constitute or be evidence of any . expression contains no threat of reprisal or violation of anyprovisions of this ordinance, if such p force, or promise of benefit. SECTION 9. Additional Pthibited Practices_ Employee A. Solicitation of members, dues and other internal Organization business ' Q hours and shall not interfere with the work process. shall be conducted only during non-duty - members covered B. The Employee Organization and its by this Ordinance recognize P to the community cannot under any circumstances or and agree that rendering of police services er the health, safety • to conditions be withheld, interrupted, or discontinued, and to do so would endanger and welfare of the citizens of the TOWN OF ORO VALLEY. Qmaintain unimpaired services as directed by C. The Employee Organization pledges toP thereof, for any reason, will Organization or any member the Town. Neither the Employeestrike, or any other institute, aid, condone or engage in a slowdown, work stoppage, authorize, of the Town of Oro Valley. interference with the work and statutory functions and obligations Ord. Page 13 During the term of this Ordinance neither the Town nor its agents for any reason shall authorize, institute, aid or promote lockout of Em loyee Organization members covered by this Ordinance. anyP D. Should any member of the Employee Organization during the term of this Ordinance. r and until such time that it is expressly and legally rescinded,breach the obligations of this Article, P Y ., the Town Manager or his designees shall immediately notify the Employee Organization that a prohibited action is in progress. E. The Employee shall forthwith, through its officers and other authorized P Organization . . representatives, disavow said strike or other prohibited action, and shall notify in writing all repr � - - for Employee officers and representatives of their obligation and responsibility OrganizationP maintaining - compliance with these sections, including their responsibility to remain at work during tion which may be caused or initiated by others. Copies of such notification shall be any interruption delivered to the office of the Town Manager. In addition, the Employee Organization shall order both orally and in writing all its members violating this Article to immediately return to work and cease the strike with copies of the written order to be delivered to the office of the Town Manager. F. Penalties or sanctions the Town may assess against employees who violate this Article shall include, but not be limited to: (1) Discipline up to and including discharge. p (2) Loss of all compensation and benefits, including seniority, during the period of such prohibited activity. G. ShouldEmployee the Em to ee Organization during the term of this Ordinance and until such time that it is expressly legally and le all rescinded. breach its obligations under this Article, it is agreed that all penalties set forth herein shall be imposed on the Employee Organization, in addition to any other legal and administrative remedies available to the Town that in its discretion it may elect to pursue. contained herein shallpreclude the Town from obtaining judicial restraint H. Nothing or from seekingdamagesEmployee from the Em to ee Organization in the event of a violation of this Article. SECTION 10. Di saualificat o s_ The initial or any subsequentEmployee Organization shall be disqualified to act as the Employee Organization in the event of either: (1) Its failure to have included in its membership an employee of the TOWN OF ORO VALLEY covered by this Ordinance; or Ord. # Page 14 (2) decertification as a result of an election of the employees covered by this ordinance held in the manner hereafter described. requesting an election of Employee Organization is filed by more than 50 In the event a petitionq g Town employees covered bythis Ordinance, the Town Council and the Employee percent o f the p shall each select a resident of the TOWN OF ORO VALLEY who is not an employee, Organization officer, or Council member of the TOWN OF ORO VALLEY or interested in any capacity as a representative of the TOWN OF ORO VALLEY or a member of the Employee Organization, an employee or agent of the Employee Organization or a member, Employee or agent of any parent, subsidiary or affiliate thereof, to serve on an Election Board. a third member to serve on the Election Board and whom shall The two appointees shall then selectappointment to the Election Board as the two initial have the same qualification or eli�ibilities for Election Board shall then adopt rules and regulations applicable to the election appointees. The P . held hereunder and shall proceed with conducting such election forthwith. contemplated to be The election to be held hereunderp shall contemplate any one or more of the following questions: Organization be retained as the Employee Organization under 1) should the then existing Employee Ordinance; 2) which other Employee Organization should be designated to serve as said this the 3) should anyEmployee Organization be selected to represent Employee Organization; P employees; or 4) should there bechange in the bargaining unit which said Employee any Organization represents hereunder. Town covered bythis Ordinance voting in said election A majority vote of those employees of the . be determinative of the issues herein and in the event there is no majority vote on any shall . election, the then actingEmployee Organization shall continue to act proposition submitted at said P as such until such time as any further intent decides otherwise. It is the that said election manner employees of the TOWN OF ORO all shall be conducted in a fair and equitableinsuring a fair and appropriate VALLEY covered by this ordinanceppriate forum in which they may express their P vote. such election and anyactivities of any organization or group The Town shall not dominate any � of no the right to be designated an Employee Organization or seeking a determination seeking gh � P'ed out after normal working hours of the employees and off representation shall be c am the premises p of the Town except for public streets and right of ways. year shall only be one election in each calendar and there shall be no election held between g December through April in any year that negotiations for a new Memorandum of Understanding are in process. SECTION 11. Effective Date. This Ordinance shall become effective upon passage. • Ord. # Page 15 SECTION 12. Severability. If any provision of this ordinance or the application of such provision to any person or circumstance shall be held to be invalid, the remainder of this ordinance or the application of such provisions to person or circumstances other than those as to which it is held invalid shall not be affected thereby. SECTION 13. c-•- • •• i' ••a • e-••• o All ordinances parts arts of ordinances in conflict with the provisions of this ordinance are hereby repealed. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, this day of , 19� Mayor Attest: Town Clerk • APPROVED AS TO FORM: Town Attorney (ab«o-vall.cynanC.agrn-B1 TOWN OF ORO VALLEY REGULAR SESSION 6 COUNCIL COMMUNICATION MEETING DATE: 11/18/98 TO: HONORABLE MAYOR AND COUNCIL FROM: Tobin Sidles, Town Attorney SUBJECT: Ordinance (0) 98-43, amending Town Code Section 6-8-2, pertaining to the designation of a Town Fire Marshal. SUMMARY: At the meeting of October 7, 1998,the Council was presented with a draft list of four options in order to accomplish an amendment to the Town Code designating a Town Fire Marshal.That item was continued to a future study session so that the full Council could attend,debate the various proposals,and to allow time for the public to be notified of the meeting. At the October 7th meeting the staff had made the recommendation that a staff member (either existing or newly hired personnel) be designated as the Town Fire Marshal,and that the respective Fire Chiefs or appropriate personnel either be designated as Assistant Fire Marshals or simply assist the staff member. This would necessitate either future I.G.A.'s or contracts being entered into with the agencies. At the study session of November 9th,a difference of opinion arose.The Fire Advisory Board indicated their preference that Golder Ranch personnel be designated as the Town Fire Marshal, as they believed he was the most qualified. See the attached communication from Jan Kvancz of the Fire Advisory Board. A list of the Golder Ranch Fire Marshal's qualifications was presented to the Council and is included in the current communication from the Fire Board. This will require the Town Council accepting and entering into an I.G.A. with Golder Ranch in the future. There followed a discussion on the differences of opinion.The Golder Ranch Fire Marshal spoke and indicated the job entailed more than just plan review,which was the area the staff seemed to be concentrated on.He suggested the Town may want to appoint someone to this position,but designate as something other than a fire marshal.He reiterated the Fire Advisory Board opinion that a fire marshal does much more than plan review and inspections; including arson investigations, fire education and prevention programs,etc.. Members of the staff reiterated their desire to have a staff member be the fire marshal,citing the need to have the town building inspectors reporting to a staff member for plan review and inspections. During the discussion,it appeared as though most of the Council did not want to hire new staff for the role. Staff now recommends the role fall to the Building Administrator instead of the Police Chief. Staff sees the Fire Marshal position as an administrator and believes that it necessitates more of a coordination role with those agencies already doing fire prevention/education activities. For example,staff believes that the Police Department should take the lead to investigate arson activities.The Town already has under contract in the Police department budget a qualified arson investigator.Another concern was the town setting its own code that was best for the town and not leave this to an individual of another agency.In the end,the parties agreed to disagree and the matter was returned to the Council for a regular Council meeting. CONCLUSION: It appears as though the issue has been narrowed from four options down to two as a result of the study session. One option is to designate an existing staff member(the Building Administrator)to act as the Town Fire Marshal.The other option was to designate the Golder Ranch Fire Marshall as the Town Fire Marshal. Both options are included in this packet.Having the Building Inspector(Town staff)as fire marshal is now listed in your current packet as option"B"and the Golder Ranch option is option"A".Please note that the adoption of Option"A" requires the designing and future Council approval of an Intergovernmental agreement between the parties before it takes effect. ATTACHMENTS: 1) Ordinance(0)98- ,Options "A" and"B". 2) Jan Kvancz/Fire Advisory Board Council Communication plus attachments. FISCAL IMPACT: Unknown at this time RECOMMENDATIONS: 1)Staff continues with its recommendation of having the Building Administrator(Staff)as the Town Fire Marshal(Option «B”) 2“ The Fire Advisory Board prefers Option "A", which designates the Fire Marshal as being the Golder Ranch Fire Marshal upon the adoption of an Intergovernmental agreement(IGA). SUGGESTED MOTION: I move to accept Ordinance(0)98- ,Option . Staff is instructed to take whatever action is necessary to comply with this decision. i . .7/77e(M Department Head .ignature L, A .. u Town Manager s'eview OPTION"A" ORDINANCE NO. - AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, 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. WHEREAS, the Mayor and Town Council of the Town of Oro Valley, upon review of the Town Code designating a Town Fire Marshall under section 6-8-2 which designates the Chief of Police as the appropriate official; and WHEREAS, the Town Council has determined that the increase of the population requires that this position as fire marshall be taken over by the Golder Ranch Fire District or its successor and assigns for the portion of the Town served by Rural Metro and by Rural Metro Fire Department or its successors and assigns for the portion of the Town served by that fire department; and to further provide for the public health, safety and welfare of the citizens of the Town of Oro Valley; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: SECTION 1: That Section 6-8-2 of the Town Code be amended to read 6-8-2 Enforcement of the Uniform Fire Code, Appointment of Town Fire Marshall The Uniform Fire Code, as adopted from time to time by resolution or ordinance, shall be enforced by the Town Fire Marshall or any of his\her delegates . The Fire Marshall, by an approved intergovernmental agreement between the parties and as formally adopted by both the Town Council and the Golder Ranch Fire District Governing Board, shall be the Chief or authorized person of the Golder Ranch Fire District or their successor. Such services shall be provided for at no cost to the Town. SECTION 2 : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. That date shall be the date of adoption of an approved Intergovernmental Agreement. SECTION 3 : Repeal of all ordinances and parts of ordinances in conflict with the provisions set forth herein does not affect rights and duties that have matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal . SECTION 4 : If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof . PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this day of June , 1995 Paul H. Loomis, MAYOR ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney 06/07/95 Bed Tax Ordinance 2 OPTION "B" ORDINANCE NO. - AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, 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. WHEREAS, the Mayor and Town Council of the Town of Oro Valley, upon review of the Town Code designating a Town Fire Marshall under section 6-8-2 which designates the Chief of Police as the appropriate official; and WHEREAS, the Town Council has determined that the increase of the population requires that this position as fire marshal be taken over by some other person; and to further provide for the public health, safety and welfare of the citizens of the Town of Oro Valley; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: SECTION 1: That Section 6-8-2 of the Town Code be amended to read 6-8-2 Enforcement of the Uniform Fire Code, Appointment of Town Fire Marshall The Uniform Fire Code, as adopted from time to time by resolution or ordinance, shall be enforced by the Town Fire Marshall or any of his/her delegates . The Fire Marshal, by an agreement between the parties and as approved by the Town Council, shall be the Town Building Administrator. The Town shall have two assistant Fire Marshals, which shall be the Chief or presiding person or designee of the Golder Ranch Fire District or their successor for that portion of the Town that is served by that District or Company, and the Chief or presiding person or designee for the Rural Metro Fire Department or their successor for that portion of the Town served by that District or Company. These assistants will report to the Town Building Administrator upon completion of the necessary intergovernmental agreements and contracts as approved and adopted by the respective governing bodies . Such fire marshal related services provided by both Rural Metro and Golder Ranch shall be provided for at no cost to the Town. SECTION 2 : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. While the Fire Marshal position may take effect as provided for by state law, the creation of assistant fire marshals will not take effect until all legal documents are approved and adopted by the respective governing bodies . SECTION 3 : Repeal of all ordinances and parts of ordinances in conflict with the provisions set forth herein does not affect rights and duties that have matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal . SECTION 4 : If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof . PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this day of , 199 . Paul H. Loomis, MAYOR ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 18, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: Jan Kvancz, Fire Advisory Committee Chair SUBJECT: Draft Ordinance(0) 98-43 amending Town Code Section 6-8-2, pertaining to the designation of a Town Fire Marshal SUMMARY: At a Special Council meeting held on September 9, 1998 the staff was directed to come up with a recommendation for amending the Town Code regarding the appointment of a fire marshal. It was noted by the Town Attorney that direction would necessitate a change in the Town Code via an ordinance. At the meeting of October 7, 1998, the Council was given a list of four options which would accomplish the amendment to the Town Code. Council continued this item to a study session so that the full Council would be present. The study session was held on November 9, 1998 with the full Council, Fire Advisory Committee and staff members in attendance. The various proposals were debated by Council, staff and FAC members. The one recurring theme that came out of these discussions is that a fire marshal is not an administrative position, it is much more detailed. The professional and educational training needed to be certified as a fire marshal is extensive and on-going. RECOMMENDATION: The Fire Advisory Committee unanimously supports option "A" that the position of fire marshal be taken over by the Golder Ranch Fire District, and that the Town enter into an intergovernmental agreement with the said district. ATTACHMENTS: 1) Option "A" Ordinance(0) 98-43 2) Letter from Golder Ranch Fire District 3) Qualifications of Fire Marshal Schoon FISCAL IMPACT: None SUGGESTED MOTION: I move that we approve Ordinance(0) 98-43, Option A. -which designates the Chief or his delegate of the Golder Ranch Fire District as the Town Fire Marshal. Staff is hereby empowered to prepare and finalize and IGA with Golder Ranch Fire District. The agreement shall be brought before this Council for approval when ready. COUNCIL COMMUNICATION Page 2 4, (" Jan Kvancz, Fire Adviso Committee Chair Chuck Sweet Town Manager ATTACHMENT 1 .,, , „ A ORDINANCE NO. 97 - (13 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, 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. WHEREAS, the Mayor and Town Council of the Town of Oro Valley, upon review of the Town Code designating a Town Fire Marshall under section 6-8-2 which designates the Chief of Police as the appropriate official ; and WHEREAS, the Town Council has determined that the increase of the population requires that this position as fire marshal be taken over by the Golder Ranch Fire District or its successor and assigns; and to further provide for the public health, safety and welfare of the citizens of the Town of Oro Valley; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: SECTION 1: That Section 6-8-2 of the Town Code be amended to read 6-8-2 Enforcement of the Uniform Fire Code, Appointment of Town Fire Marshall The Uniform Fire Code, as adopted from time to time by resolution or ordinance, shall be enforced by the Town Fire Marshall or any of his/her delegates . The Fire Marshall, by an agreement between the parties and as approved by the Town Council and Golder Ranch Fire District, shall be appropriate person at the Golder Ranch Fire District or their successor. Such services shall be provided for at no cost to the Town of Oro Valley. SECTION 2 : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 3 : Repeal of all ordinances and parts of ordinances in conflict with the provisions set forth herein does not affect rights and duties that have matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal . SECTION 4 : If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof . PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this day of , 199 . Paul H. Loomis, MAYOR ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney 06/07/95 Bed Tax Ordinance 2 ATTACHMENT 2 CsOLDE# GOLDER RANCH FIRE DISTRICT Fire — Rescue — Ambulance I/f ' p "/��ki � 3535 E. Hawser St. ,��- S Tucson, Arizona 85739 x qAN Vt\i (520) 825-9001 FAX(520) 825-8043 JOHN FINK, CHIEF November 12, 1998 Town of Oro Valley 11000 N. La. Canada.Blvd. Oro Valley, Az. 85737 Dear Mayor and Council: This is a follow up letter reference the offer that the Golder Ranch Fire District has made verbally to the Town of Oro Valley. Golder Ranch Fire District is willing to assume the duties of Fire Marshal for the entire Town of Oro Valley at no cost to the town. We are willing to sign an Intergovernmental Agreement with the Town to that effect. Golder Ranch Fire makes this offer to the Town of Oro Valley in the spirit of cooperation to assist in advancing your community in the area of public safety in achieving uniformity and continuity throughout .4.... your entire town. We are and have always been willing to work with Oro Valley to assist in whatever way we can to help insure the safety of the citizens. If we can be of any further assistance, please don't hesitate to call. Sincerely, /PCZI )32 -1 1 \C60,___ats-) %ocuk V\itk John Fink,Fire Chief Vicki Cox-Golder, Chairman Golder Ranch Fire District Golder Ranch Fire District Board of Directors cc: Fire Advisory Committee ATTACHMENT 3 COLDER RANCH FIRE DISTRICT 3535 E. Hawser Tucson, Arizona 7 85 39-8898 417;4: (520) 825-9001 - Fax (520) 825-8043 ' John Fink, Chief r Fire Prevention Bureau Helping to make our communitya better, saferplace to live! October 12, 1998 Fire Advisory Board, Town of Oro Valley 11,000 N. La Canada Blvd Oro Valley,Arizona 85737 RE: Request by Mr. Herb Rutt Dear Fire Advisory Board, This letter is in response to a request by Mr. Herb Rutt, in which I have been asked to supply the Fire Advisory Board with my Professional Qualifications as the Fire Marshal for Golder Ranch Fire District. I, Steven L. Schoon, have been a firefighter for twelve years. In 1993, I was designated as the Fire Prevention Officer for Golder Ranch Fire District. This was a"Special Duty Assignment"that received no additional pay and was in addition to my then position of Station 114 Shift Lieutenant and Paramedic. I was responsible for Public Education and Plan Reviews. In 1996, I worked with Assistant Chief Abel and other Pima County Fire Districts toward the direction of Uniform Fire Code Adoption for Golder Ranch Fire District. In November 1996,the Uniform Fire Code was adopted by a Public Vote in the General Election. Golder Ranch Fire District sought out applications for the position of Fire Marshal. I applied for the position and after review of the chiefs and acceptance of the Fire Board, was promoted to the position. The Golder Ranch Fire District Board officially adopted the 1994 Uniform Fire Code with local amendments on February 24, 1997. A Fire Marshal is responsible for fire service activities that decrease the incidence of uncontrolled fire. The methods used focus on public fire safety education, building inspections, which include engineering, plan review, and code enforcement, and fire investigation. I have narrowed the attatched list of certifications and educational classes to those which directly apply to my current position as Fire Marshal. Please let me know if I can be of further assistance to the Fire Advisory Board. Sincerely, it /J Captain Steven L. Schoon, Fire Marshal I currently hold the following certifications: INTERNATIONAL FIRE CODE INSTITUTE - Certified Uniform Fire Code Inspector STATE FIRE MARSHAL OFFICE -Certified Fire Inspector NFPA 1031 STATE FIRE MARSHAL OFFICE - Certified Fire and Life Safety Educator I NFPA 1035 STATE FIRE MARSHAL OFFICE -Certified Firefighter II STATE FIRE MARSHAL OFFICE - Certified Advanced Firefighter III AZ DEPARTMENT OF HEALTH SERVICES - Certified Paramedic I have attended the courses of instruction and I am waiting to take final exams for Certified Fire and Life Safety Educator II NFPA 1035 and Certified ICBO Plan Examiner. I am currently striving to obtain an Associate of Arts Degree in Fire Science and in Emergency Medicine. List of courses and classes competed by category: FIRE CODE INSPECTION/ENFORCEMENT STATE FIRE MARSHAL OFFICE - Introduction to Fire Inspection Principles and Practices STATE FIRE MARSHAL OFFICE -Fire Prevention Inspection Course NFPA 1031 TUCSON FIRE DEPARTMENT -Fire Inspection Certification Program STATE FIRE MARSHAL OFFICE -Hazardous Materials Responder 8hr, 24hr, 40hr Courses AZ DEPARTMENT OF HEALTH SERVICES - Hazardous Materials Toxicology Paramedicine NATIONAL FIRE PROTECTION ASSOCIATION- Automatic Sprinkler System -Design and Plan Review Seminar NATIONAL FIRE SPRINKLER ASSOCIATION-Fire Protection for Commercial Occupancies Seminar UNITED FIRE EQUIPMENT COMPANY-Fire-Suppression Systems for Kitchens and New Clean Agents Seminar AZ FIRE CHIEF ASSOCIATION-Application of Insurance Service Organization(ISO)to Fire Districts BUILDING CODE and PLAN REVIEW TOWN OF ORO VALLEY PLANNING AND ZONING DEPARTMENT - Citizen Planning Institute INTERNATIONAL CONFERENCE of BUILDING OFFICIALS 320 Design Plan Review II-Residential, Business, Factory and Industrial, Mercantile, Storage,Assembly, Educational, Institutional, and Hazardous Occupancies. INTERNATIONAL CONFERENCE of BUILDING OFFICIALS 335 Design Plan Review III - Fundamentals of Exiting INTERNATIONAL CONFERENCE of BUILDING OFFICIALS 336 Design Plan Review III- Complex Exiting ARIZONA BUILDING OFFICIALS 705 -Accessibility FIRE MARSHALS ASSOCIATION of NORTH AMERICA-Plan review for Fire Inspectors FIRE/ARSON INVESTIGATION NATIONAL FIRE ACADEMY/UNITED STATES FIRE ADMINISTRATION - Off-Campus Delivery- Arson Detection For The First Responder NATIONAL FIRE ACADEMY/UNITED STATES FIRE ADMINISTRATION- Off-Campus Delivery- Arson Detection For The First Responder Train The Trainer(Instructor) INTERNATIONAL ASSOCIATION of ARSON INVESTIGATORS -Fire/Arson Investigation III INTERNATIONAL ASSOCIATION of ARSON INVESTIGATORS -Fire/Arson Investigation IV INl'ERNATIONAL ASSOCIATION of ARSON INVESTIGATORS -Wildfire Cause Determination STA'1'E FIRE MARSHAL OFFICE-Advanced Fire Investigations NATIONAL FIRE PRO'1'ECTION ASSOCIATION-Fire and Explosion Investigations NFPA 921 NORTH HARRIS COUNTY COLLEGE-Photography PUBLIC EDUCATION and MANAGEMENT FEDERAL EMERGENCY MANAGEMENT AGENCY/UNITED STATES FIRE ADMINISTRATION- Juvenile Firesetters Intervention Workshop ARIZONA FIRE and BURN EDUCATORS' ASSOCIATION-Juvenile Firesetters Intervention STATE FIRE MARSHAL OFFICE -Delivering Fire and Life Safety Education Programs NFPA 1035 Level I STATE FIRE MARSHAL OFFICE -Delivering Fire and Life Safety Education Programs NFPA 1035 Level II NATIONAL FIRE ACADEMY/UNITED STATES FIRE ADMINISTRATION-Management of Fire Prevention Programs TUCSON FIRE DEPARTMENT/PIMA COMMUNITY COLLEGE -Chief's Certification Course NATIONAL WILDFIRE COORDINATING GROUP - Incident Command System I-100/I-200 STATE FIRE MARSHAL OFFICE -Company Officer Leadership NORTH HARRIS COUNTY COLLEGE -Marketing Management NORTH HARRIS COUNTY COLLEGE -Computer Programing and Processing UNIVERSITY of ARIZONA- Grant Writing 101 AZ FIRE CHIEFS' ASSOCIATION-Elements of Effective Presentations AZ FIRE CHIEFS' ASSOCIATION-Computers for the Fire Service ASSOCIATION MEMBERSHIPS IN'1'ERNATIONAL CONFERENCE of BUILDING OFFICIALS - (ICBO) INl'ERNATIONAL FIRE CODE INSTITUTE - (IFCI) NATIONAL FIRE PRO'1'ECTION ASSOCIATION- (NEPA) INTERNATIONAL ASSOCIATION of ARSON INVESTIGATORS - (IAAI) FIRE MARSHALS ASSOCIATION of NORTH AMERICA-(FMANA) ARIZONA FIRE and BURN EDUCATORS ASSOCIATION-(AFBEA) PIMA COUNTY PUBLIC SAFETY ASSOCIATION /, TOWN OF ORO VALLEY SUPPLEMENTAL COUNCIL Cl7MMUNICATION MEETING DATE: 11/18/98 TO: HONORABLE MAYOR AND COUNCIL FROM: Tobin Sidles, Town Attorney SUBJECT: Ordinance (0) 98-43, designation of a Town Fire Marshal SUMMARY: As an addendum to the council communication that you already have in your packet,it needs to be pointed out that in the body of the proposed ordinance for Option"B",which designates the Building Administrator as the Fire Marshall, it also designates having appropriate expert personnel from Rural Metro and Golder Ranch as Assistant Fire Marshals.I apologize that this was not made clear in your original communication. Signature of Department Head TOWN OF ORO VALLEY .7 COUNCIL COMMUNICATION MEETING DATE: November 18,1998 TO: HONORABLE MAYOR& COUNCIL FROM: Shirley Seng Water Utility Administrator SUBJECT: Resolution(R) 98- 96 , establishing mutual written consent with the Metropolitan Domestic Water Improvement District regarding the termination of the IGA for operation of Oro Valley Water Improvement District#1. SUMMARY: The IGA between the Town and MDWID for management and operation of the Oro Valley Water Improvement District#1 (OV#1) was approved by the Mayor and Council on 9-28-92 via Resolution No. (R) 92-45. Article 17 addresses the several issues related to termination of the IGA. Paragraph 17.1 provides for termination of occur in one of two manners, depending on whether the termination is with or without mutual consent. In part, paragraph 17.1 reads: "... this agreement may be terminated at any time by mutual written consent. In the absence of mutual written consent, either party may terminate the agreement upon 12 months written notice to the other party,for any reason". On September 16, 1998 the Mayor and Council accepted the July 1998 Report (Report) of the Oro Valley Water Improvement District #1 Task Force (Task Force). The central recommendation of the Task Force was that the Town of Oro Valley assume the management and operation of the (OV#1). Several other recommendations, all relating to implementing this central recommendation, were also included in the report. Subsequent to the 9-16-98 action of the Mayor and Council, staff has begun to pursue implementation of the Report's recommendations. One necessary step is to formalize the mutual written consent between the Town and MDWID regarding the termination of the IGA for operation of the OV#1. The Report recommended a target date of 1-1-99 for advising MDWID of the Town's intentions to assume management of OV#1 at 7-1-99. Providing MDWID with our half of the mutual agreement at this time will allow their Board of Directors to act on their half of the mutual agreement so that the mutual written consent is in place prior to 1-1-99. To date, the interaction between Town and MDWID representatives has been positive and productive. There has been an acknowledgement on MDWID's part that the management of OV#1 by Oro Valley is inevitable. Additionally, the management transfer target date of 7-1-99 has been discussed and recognized as logical for many strategic and tactical reasons. , , TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 FISCAL IMPACT: There is no fiscal impact to the Town as a result of formalizing the mutual written consent with MDWID. RECOMMENDATIONS OF STAFF: Staff respectfully recommends that the Mayor and Council approve this resolution to establish mutual written consent with the MDWID regarding the termination of the existing IGA and establishing the management transfer target date as 7-1-99. ATTACHMENTS: None SUGGESTED MOTION: I move to approve Resolution No. (R) 98- 96 or I move to deny Resolution No. (R) 98- 96 Water Utility Administrator l r •/ 41, C.. "."4ZL s %ater Utility Director alOP it, . ! , .. Town Marta:-r RESOLUTION NO. (R)98 -96 RESOLUTION OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA ESTABLISHING MUTUAL WRITTEN CONSENT WITH THE METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT REGARDING THE TERMINATION OF THE INTERGOVERNMENTAL AGREEMENT FOR OPERATION OF THE ORO VALLEY WATER IMPROVEMENT DISTRICT #1 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, Metropolitan Domestic Water Improvement District (MDWID) has the requisite statutory authority to acquire, own, operate and maintain a water utility for the benefit of the landowners within its boundaries pursuant to the provision of Arizona Revised Statute Sec. 48- 901 et seq.; and WHEREAS, Oro Valley adopted Resolution No. (R)92-45 approving an Intergovernmental Agreement (IGA) between the Town of Oro Valley and the MDWID authorizing MDWID to manage and operate the utility known as Oro Valley Water Improvement District#1 OV#1); and WHEREAS, Section 17.1 of the IGA provides that the Agreement may be terminated at any time by mutual written consent; and WHEREAS, Oro Valley Town Council accepted the report of the OV#1 Task Force whose central recommendation was that Oro Valley assume the management and operation of OV#1; and WHEREAS, MDWID has verbally consented to the termination of the IGA acknowledging that the management of the OV#1 by Oro Valley is inevitable; and NOW, THEREFORE, BE IT RESOLVED BY THE ORO VALLEY MAYOR AND TOWN COUNCIL: 1. That this resolution serve as the Town of Oro Valley's written consent to terminate the IGA regarding the management and operation of OV#1. 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 obtain MDWID's written consent to terminate the IGA regarding the management and operation of OV#1. 3. That July 1, 1999 be established as the mutually agreeable target date for transfer of management and operations of OV#1. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Pima County, Arizona this 18TH day of NOVEMBER , 1998. Mayor Paul H. Loomis ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 18, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Donald L. Chatfield, AICP, Community Development Director SUBJECT: Resolution No. (R)98-97 Contract for Architectural Services for Design of Development Services Building with Sakellar and Associates SUMMARY: During the summer of 1998, the Town Manager established the Facilities Steering Committee to consider needs for additional Town Hall facilities and renovations. A contract was executed with Sakellar Associates Architects and Planners tore are a building program and analysis. The final document provides projections p p for staff space needs over the next ten years. One of the recommendations of the architectural analysis was the construction of a new Development Services Buildingto house the Public Works Department, Community Development Administration, the Planning and p Zoning Division, and the Building Safety Division. Preliminary plans call for the Oro Valley Water Utility to locate within the current Community Development Building. Renovations to the Administration Building are so recommended, as a second phase, to relocate various offices. Attached you will find a proposed osed contract with Sakellar Associates Architects and Planners to provide architectural services for the design of the new Development Services Building and to design the renovations to the Town Hall Administration Building. The total fee for comprehensive architectural, geotechnical, civil engineering, construction supervision, and interior design services is $136,257. The project schedule for both p phases comprises a total of 70 weeks. RECOMMENDATIONS: PlanningStaff recommends Council adoption of the resolution authorizing a contract with Sakellar Associates p Architects and Planners to provide design services for the Development Services Building and renovations to the Town Hall Administration Building, with the deletion of the interior design services (budgeted for $6,900). Staff recommends that a separate interior design contract be considered at a later date. SUGGESTED MOTION: I move to approve Resolution No. (R)98- 97 ,authorizing a contract with Sakellar Associates Architects and Planners in the amount of $129,357 to provide comprehensive architectural services, with the exception of interior design services, for a new Development Services Building and renovations to the Town Hall Administration Building. • TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 ATTACHMENTS: 1. Proposed scope of services from Sakellar Associates Architects and Planners, dated October 27, 1998 4...., , , , „I 4' 0 opt is Community Dev: . ent Dir:ctor 4 , -4 Town Manage F:\INDIVID\DLC\COMM_DEV\architec.tcc ( . RESOLUTION NO. (R)98-97 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING A CONTRACT BETWEEN THE TOWN OF ORO VALLEY, ARIZONA AND SAKELLAR ASSOCIATES ARCHITECTS AND PLANNERS, INC. FOR ARCHITECTURAL AND ENGINEERINGS SERVICES RELATED TO THE NEW DEVELOPMENT SERVICES BUILDING AND RENOVATIONS TO THE TOWN HALL ADMINISTRATION BUILDING BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: WHEREAS the Town of Oro Valley has conducted an analysis of the need for additional office space within the Town Hall complex; and WHEREAS the Town of Oro Valley has determined that additional office space and renovations are necessary to fully and efficiently serve the needs of the citizens of the town; THEREFORE, BE IT RESOLVED that the Town of Oro Valley enter into a contract with Sakellar Associates Architects and Planners, Inc. in the amount of $129,357 for architectural and engineering services for a new Development Services Building and renovations to the Town Hall Administration Building. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 1,8 day of NoVRMRER, 1998. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney SAKELLAR ASSOCIATES ARCHITECTS AND PLANNERS, INC. C. N. DINO SAKELLAR, AIA 11 NICHOLAS G. SAKELLAR, FAIA 1 9 1 8 - 1 9 9 3 October 27,1995 Mr. Don Chatfield Director of Community Development Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 RE: ORO VALLEY TOWN HALL ADDITION &RENOVATION Dear Don: We hereby submit our proposal for Architectural and Engineering on the above referenced project. This proposal is based on our Master elan report and i5 presented in four sections; Project Scope, Scope of Services, Fee work sheet and Project Schedule. A PROJECT SCOPE Al DEVELOPMENT SERVICES BUILDING (Phase One) • The new building will be approximately 10,000sf. • To be built north of the existing Development Services building. A2 RENOVATION OF EXISTING TOWN HALL (Phase Two) • Renovate the existing Community Development building. • Tenant Improvements to the lower level of the Administration building. A3 BUDGET • Development Services Building $920,000 including construction,design,furnishings and fees. • Renovation of existing town hall $225,000 including construction,designs furnishings and fees. B SCOPE OF SERVICES The following Scope of Services will be provided in five phases; Schematic Design, Design Development, Construction Documents, Bidding/Review and Construction Administration. Services include architectural,civil, landscape architecture, structural, mechanical and electrical disciplines. Surveying and energy study have not been included in this proposal. 51 SCHEMATIC DESIGN • Prepare site plan,floor plan and exterior elevations. • Define exterior materials and finishes. • Identify departments and personnel to occupy building. • Submit for architectural review. • Prepare cost estimate. 7251 N. WESTWARD LOOK DRIVE I TUCSON, AZ 85704 1 VOICE 520-297-7117 1 FAX 520-297-2319 'age 2 of 3 132 DESIGN DEVELOPMENT • Develop site plan,floor plan, exterior elevations, building and wall sections. • Identify structural, mechanical and electrical systems. • Prepare outline specifications. 133 CONSTRUCTION DOCUMENTS • Prepare construction drawings with a maximum of three alternates. • Prepare specifications to be included with owner's general conditions. • prepare a cost estimate. 134 DIPPING&AGENCY REVIEW • Submit documents for building safety review and respond to comments. • Conduct prebid conference and issue addendum. • Submit development plan. • Assist the owner with bid results. B5 CONSTRUCTION ADMINISTRATION • Review shop drawings. • Conduct weekly meetings. • Select finishes and colors. • Review and approve change orders and Certificates of payments. • Prepare punchlist and review project closeout. C DESIGN FEES Cl DEVELOPMENT SERVICES BUILDING (Phase One) 8%OF $920,000 = $73,600 • Schematic Design $ 11,040 • Design Development $ 14,720 • Construction Documents $25,760 • Bidding $ 3,680 • Construction Administration $18,400 5 u btota I $73,600 C2 RENOVATION &TENENT IMPROVEMENTS (Phase Two) 11%OF $225,000 =$24,750 • Schematic Design $ 3,712 • Design Development $4,950 • Construction Documents $8,663 • Bidding $ 1,237 • Construction Administration $ 6,188 Subtotal $24,750 E\296\des\p5\10-27expprop.doc Page 3 of 3 C3 ADDITIONAL SERVICES • TERRACON —Geotechnical Engineering Services $ 2,271 • INTEGRATED INTERIORS— Interior Design Services $ 6,900 • SJV&ASSOCIATES—Civil Engineering Base Grade Survey $ 587 Development flan $ 460 Drainage Study $ 3,767 base Grading Flan for Fond &Outlet Structure $ 1,454 Site Water Flan $ 2,435 Subtotal $17,907 C4 REIMBURSABLE EXPENSES NOT TO EXCEED$20,000 • Reproductions $ 3,500 • Specialty consultants&Engineering $ 15,000 • Miscellaneous $ 1,500 Subtotal $20,000 C5 TOTAL FEE $136,257 D PROJECT SCHEDULE Schematic Design 5 weeks Design Development 9 weeks Construction Documents 12 weeks Bidding/Review 4 weeks Construction Phase One 26 weeks Move-in 2 weeks Construction FhaSe Two 12 weeks TOTAL 70 weeks Thank you for the opportunity to submit this proposal. We look forward to continue working with you. Please contact me if you have any questions. Sincerely, II! tO C.N. Dino Sakellar, AIA President /cns E\296\des\ps\10-27expprop.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 18, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Resolution No. (R)98- 98 Consideration and Possible Approval of a Financial Participation Agreement with the Chamber Serving Northern Pima County SUMMARY: On November 2, 1998 the Town Council met in a study session to review and discuss a proposed draft financial participation agreement between the Town and the Chamber Serving Northern Pima County (the Chamber). The Chamber presented information regarding their goals, activities and funding to be requested from the Town. Comments received from Councilmembers during the study session indicated a strong sense of support for both the community activities performed by the Chamber as well as funding for Chamber operations. From staff's perception, there were two remaining issues subsequent to the meeting; the amount of funding to be provided to the Chamber and the time duration of the initial agreement. ►summary of Funding Discussions At the study session, staff recommended annual funding of$10 - $12,000 based on joint participation of $38,000 in costs to be equally shared between the Town, the Chamber, and Pima County. The Chamber requested annual funding of$25,000. Individual Councilmembers indicated support for a range of annual funding from $25,000 to $48,000 and a contract with an initial duration of approximately one year. Staff Recommendation Based on Council comments received at the study session, staff recommends approval of a financial participation agreement commencing December 1, 1998 and continuing through June 30, 2000. This option would have the effect of funding the Chamber for seven months in the current fiscal year and the additional twelve months (July 1, 1999 through June 30, 2000) would then allow for future renewals of the agreement to coincide with the Town's fiscal year. This is similar to the process currently followed by the Greater Tucson Economic Council (GTEC) and the Metropolitan Tucson Convention and Visitors Bureau (MTCVB). Staff recommends funding of$15,000 for the seven month period (December 1, 1998 —June 30, 1999) based on $25,000 in annual funding, prorated over a seven month period. An amount of$25,000 is recommended for the `welve month period July 1, 1999 through June 30, 2000. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 ATTACHMENTS: 1. Resolution No. (R)98- Consideration and Possible Approval of a Financial Participation Agreement with the Chamber Serving Northern Pima County 2. Council Communication dated November 2, 1998 SUGGESTED MOTION: 1. I move to approve Resolution No. (R)98-98 a financial participation agreement between the Town of Oro Valley and the Chamber Serving Northern Pima County commencing December 1, 1998 and continuing through June 30, 2000 with funding in an amount of$15,000 for the seven month period December 1, 1998 through June 30, 1999 and an amount of$25,000 for the period July 1, 1999 through June 30, 2000. or 2. I move to approve Resolution No. (R)98-98 a financial participation agreement between the Town of Oro Valley and the Chamber Serving Northern Pima County commencing December 1, 1998 and continuing through June 30, 2000 with funding in an amount of$28,000 [$48,000 : 12 months x 7 months] for the seven month period December 1, 1998 through June 30, 1999 and an amount of$48,000 for the period July 1, 1999 through June 30, 2000. or 3. I move to approve Resolution No. (R)98-98 a financial participation agreement between the Town of Oro Valley and the Chamber Serving Northern Pima County commencing and continuing through with funding in an amount of$ David L. Andrews Finance Director Chuck S -et Town Manager Resolution No. (R)98- 98 TOWN OF ORO VALLEY FINANCIAL PARTICIPATION AGREEMENT THE CHAMBER SERVING NORTHERN PIM COUNTY THIS AGREEMENT, made and entered into this day of , 1998, by and between the Town of Oro Valley, a municipal corporation, hereinafter called the "Town" and The Chamber Serving Northern Pima County, an Arizona non-profit corporation hereinafter called "the Chamber." WITNESSETH WHEREAS, it has been determined that the activities of the Chamber are in the public interest, and are such as to improve and promote the public welfare of the Town; and WHEREAS, the Mayor and Council have determined that to financially participate in the promotion of the activities of the Chamber is a public purpose in that the activities confer direct benefit of a general character to a significant part of the public; and WHEREAS, the Town desires to promote a business environment in Oro Valley that enhances economic vitality and improves the quality of life for its citizenry; and WHEREAS, it is the intent of the Town, subject to the provisions of state budget law, to provide funding to the Chamber as set forth herein; and WHEREAS, the Town and the Chamber desire to establish a general framework for cooperative efforts, especially the general procedures by which the Chamber will assist and carry out residential relocation, tourism, business retention and business recruitment; NOW, THEREFORE, in consideration of the foregoing, the parties do mutually agree as follows: ARTICLE 1 Section 1.1 Scope of Services to be Performed by the Chamber. A. Tourism and Visitors Services. 1. The Chamber will provide tourism and visitors services and information to Town residents and seasonal tourists and anyone indicating an interest in locating a residence in the Town. Services rendered may be in the form of telephone or webpage inquiries, requests for information by mail or walk-in customers. Services shall be rendered in a courteous and professional manner. 2. It is understood by the Town and the Chamber that the Metropolitan Tucson Convention and Visitors Bureau is the primary agency providing tourism enhancement services to the Town. It is the intent of this agreement for the Chamber to augment tourism and visitors services. B. Business Recruitment, Retention and Outreach. The Chamber's business is to this end and they will spearhead the implementation of a "Business Outreach Program" that will provide a number of opportunities to strengthen networks among area businesses and local government. The Chamber will initiate these contacts each month with area business owners. These meetings will take place on a regular basis and will address issues that affect local business, help establish relationships between local businesses and provide an outlet for topical discussions. C. The Chamber shall work assist the Town in the implementation of the "Shop Oro Valley Program." D. Special Events Calendaring. The Chamber and the Town will work closely together and reciprocate timely and cooperative communications with each other regarding special events that promote the Town such as ribbon cutting/grand opening ceremonies for local Town businesses. The Chamber will be designated as the lead agency with regard to the ribbon cutting/grand opening ceremonies. The Chamber will maintain a Master Calendar to promote coordination and mitigate the possibility of calendaring conflicts for said special events. E. Annual Chamber membership dues to be paid by the Town shall be included as part of the monetary consideration of this agreement. Section 1.2 Responsibility for Open Records. The Chamber agrees to make open to the public all records relating to any funds directly received from the Town, Pima County and any other funding sources that the Chamber distributes to other organizations or individuals. Section 1.3 Evaluation Criteria and Reporting. A. The Chamber agrees to submit to the Town, by the 10th day after the close of the calendar quarter, reports addressing the progress of the Chamber in achieving its scope of services as outlined in Section 1.1 of this agreement. In order to assess the impact of the Chamber, the Town, 2 through its designated representative, reserves the right to evaluate performance, and the Chamber will cooperate and use its best efforts to provide access to all pertinent information reasonably necessary to make evaluations. B. Progress reports shall address but are not limited to the number of telephone calls for relocation, telephone calls for tourism information, number of information packets sent pursuant to inquiries and, with regard to business recruitment and retention, the number of leads, prospects and site visits. Section 1.4 Accountability. A. The Chamber shall maintain a true and accurate accounting system which meets acceptable accounting practices of the accounting profession, and which is capable of properly accounting on a timely basis for all expenditures and receipts of the Chamber. B. The Chamber shall implement an accounting system which will comply with the generally accepted auditing principles and with the provisions of the AICPA audit guide for nonprofit corporations. C. The Chamber shall provide the Finance Department of the Town, within three months after the close of the Chamber's fiscal year with: - An annual accounting, or - A copy of an outside audit of the Chamber for the time period approximating the period of the Town contract, together with any Chamber response to audit findings. At any time during, and up to a period of five (5) years after completion of this contract, the Finance Department of the Town or designated Town agent will be given access to the audit records of the Chamber for the Town's internal audits. Section 1.5 Term of Agreement. This Agreement between parties as described above shall be effective from through . Section 1.6 Termination. This Agreement may be terminated at any time by mutual written consent, or by either party giving thirty (30) days written notice to the other party, or at such 3 time, as in the opinion of the Town, the Chamber fails to perform its obligations. ARTICLE 2 FUNDING Section 2.1 Payment. A. It is the intent of the Town that the Chamber receive from the Town an amount of $ to bep aid in four equal installments by 1091 day of the 1st, 4th, 7th and 10th months of the contract upon receipt of a written request for payment from the Chamber. B. Method of Payment. The Town may, as a result of subsequently discovered evidence, withhold whole or part of the scheduled payment as may be necessary because: Services were not rendered. The Chamber failed to supply information or reports after reasonable requests. The Chamber is not in compliance with agreed upon disbursement documentation and/or other project performance. Any deficiency in performance, as described above, shall be outlined in detail to The Chamber at least thirty (30) days prior to the withholding of payments under the Agreement. The Chamber shall, within twenty (20) days of receipt of such correspondence, respond to the concerns outlined in the Town's correspondence. When the reasons for withholding payments have been corrected to the satisfaction of the Town, any amounts due shall be processed. C. The Chamber shall actively solicit memberships as well as financial participation by Pima County and other incorporated cities and towns who benefit from the services provided by the Chamber. ARTICLE 3 MISCELLANEOUS TERMS AND CONDITIONS Section 3.1 Hold Harmless and Insurance Provisions. A. Indemnification. The Chamber agrees to indemnify and save harmless the Town, its Mayor and Council, appointed boards and commissions, officials, officers, employees and insurance carriers, individually and collectively (the "Town") from all losses, claims, suits, demands, 4 expenses, subrogations, attorney's fees or actions of any kind and nature resulting from personal injury to any person (including bodily injury and death) or damages to any property, arising or alleged to have arisen out of either (1) the Chamber's negligent performance of the terms of this contract, or (2) any of the Chamber's acts or omissions, except to the extent attributable to a negligent act or omission of the Town. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of indemnity in this paragraph. B. Insurance. 1. The Chamber shall obtain insurance coverage of the types and amounts required in this section and keep such insurance coverage in force throughout the life of this Agreement. All policies will contain an endorsement providing that written notice be given to the Town at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage in any policy. 2. The Comprehensive General Liability Insurance and Comprehensive Automobile Liability Insurance policies will include the Town as an additional insured with respect to liability arising out of the performance of this Agreement. 3. The Chamber will provide and maintain minimum insurance limits as follows: COVERAGE AFFORDED LIMITS OF LIABILITY Workmen's Compensation Statute Employer's Liability $100,000 Comprehensive General $1,000,000 - Bodily Injury Liability Insurance Combined Single Limit a. products and $100,000 Property Damage completed operations Section 3.2 Conflict of Interest. The Chamber agrees that the provisions of A.R.S. Title 38, Article 5, "Conflict of Interest of Officers and Employers", apply to all the transactions of the Chamber. Section 3.3 Purchasing. In purchasing contracts for goods and services, the Chamber agrees that it will implement and maintain policies and procedures that insure, wherever feasible or practical, that there will be announced, documented, competitive bidding for such contracts so that the potential effectiveness, as well as cost factors, are considered by the Chamber in the selection of said goods and services. 5 Section 3.4 Independent Contractor. The parties stipulate and agree that Chamber is not an employee of the Town, and is performing its duties hereunder as an Independent Contractor, supplying its own employees, and maintaining its own insurance, workman's compensation insurance, and handling all of its own internal accounting. The Town in no way controls, directs or has any responsibility for the actions of the Chamber herein. Section 3.5 The Chamber shall further be responsible for compliance with the United States Immigration Reform and Control Act of 1986, the Americans with Disabilities Act, and shall indemnify and hold harmless the Town for any liability arising from failure of the Chamber to comply with said acts. Said indemnification to include the costs of suit. Section 3.6 Contract Amendments. By mutual consent of both the Town and the Chamber, this Agreement may be re-opened for renegotiation of and/or the addition/deletion of amendments. Any request for renegotiation shall be in writing, detailing the requested changes. A meeting to discuss the changes shall be held within 30 days of the receipt of the request. Any change to this Agreement will be approved by Mayor and Council and the Board of Directors of The Chamber. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. TOWN OF ORO VALLEY, a municipal corporation Mayor Paul H. Loomis Attest: Town Clerk Kathryn E. Cuvelier, Town Clerk 6 THE CHAMBER: THE CHAMBER SERVING NORTHERN PIMA COUNTY Authorized Signature Witness to Chamber Signature: Approved as to form this day of , 19_: Town Attorney Tobin C. Sidles, Town Attorney 7 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 2, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: gar Discussion Regarding Possible Financial Participation Agreement between the Town and The g Chamber Serving Northern Pima County SUMMARY: The Town has been approached byofficials of The Chamber Serving Northern Pima County (the Chamber) pP with regard to apossible financial participation agreement between the Chamber and the Town. Over the past g several weeks, members of the Chamber and Town staff have worked diligently to prepare a draft financial participation agreement ation a reement for Council consideration. Additionally, the Chamber has developed a Powerpoint presentation regarding Chamber services, goals and accomplishments that they would like to present to and g g discuss with the Council in this evening's study session. Your attachments to this communication include an outline of the Chamber presentation and a draft financial participation agreement. ANALYSIS: Ile following are some of the highlights of the proposed agreement: • Scope of services to include tourism and visitors services; and business recruitment, retention and outreach services • Quarterly progress reporting by the Chamber to the Town • One year term of agreement • $25,000 in funding requested by the Chamber • 30 day termination clause RECOMMENDATION: The financial participation agreement as presented includes tourism and visitors services as well as business p p g recruitment, retention, and outreach services. The Metropolitan Convention and Visitors Bureau(MTCVB), Greater Tucson Economic Council (GTEC) and the Town's Economic Development Administrator currently provide these services to the Town. However, because of the dynamic nature of the national economy among enterprises and individuals, these groups may call upon the Chamber for services because these are the types of servicesinherently provided by chambers across the country. The Chamber is requesting funding for the augmentation mentation of these economic development activities. Therefore, staff does support the concept of providing funding to the Chamber. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 activities aregained byOro Valley, Pima County and Chamber members. Benefits stemming from Chamber Based on the Chambers estimated cost of$38,413 staff recommends funding of$10-12,000 per year. Funding for a financial participation agreement was not included in the FY 1998-99 adopted Town Budget. $600 was includedwith the Chamber; $5 000 was included as Miscellaneous Requests for for the annual membership � Town Support; and $44,250 (25% of the 1%bed tax collections) was included as generic tourism and economic development programs. The onlyother Town funding source would be the General Fund Contingency. ATTACHMENTS: 1. Draft Financial Participation Agreement 2. Presentation and Research Materials Developed/Compiled by the Chamber 2 (2, David L. Andrews Finance Director 1 Chuck Swe Town Manager TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 18, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: David Andrews, Finance Director SUBJECT: Research of Solid Waste Management Operations within the Town of Oro Valley SUMMARY: The purpose of this agenda item is to discuss solid waste management services currently in practice by private operators within the Town, and to request direction to staff regarding this issue. Councilmember Johnson has received several comments and complaints from Oro Valley citizens who are not pleased with the current practices of waste management service delivery. Multiple haulers within the same neighborhoods pose a safety concern to residents and school children and also cause additional wear and tear on Town streets. Redundant trip schedules also create additional air pollution. One possible solution to these concerns would be for the Town of Oro Valley to develop and issue a request for proposals (RFP) for solid waste management services within the Town's boundaries. The bid could then be awarded to a single contract provider with the Town responsible for contract management and administration. Staff would like direction from the full Council prior to proceeding any further on this issue. Detailed Analysis: There are approximately 10,300 residential households (25,000 population divided by 2.43 persons per household, not adjusting for the multi-family housing factor) in Oro Valley. In order to provide a quick assessment of the service levels and costs of solid waste management services currently provided to Town residents and businesses, staff contacted a community association and two property management companies within Oro Valley. Representatives from the Sun City Community Association, Cadden-Parfrey Services, and Lewis Management Resources were contacted to attain waste collection service information. The following are synopses of that information. Sun City Community Association • Approximately 2,488 homes • 80% - 85% of service is provided by Waste Management; the remaining 15%to 20% of service is provided by two other private haulers • Rate of$9.00 per month included two trash pickups per week; the number of pickups per week was recently changed to one TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 4 • For an additional $4.00 per month, recycling services will be provided one time per week • Commercial Solid Waste • Fees for a 4 yard front loader are $101.25 per month for one pickup per week • Fees for a 40 yard rolloff are $152 per pickup (on an as needed basis) plus $25 per ton based on actual weight Cadden-Parfrey Services Cadden-Parfrey Services manages several different homeowners associations throughout Pima County including Oro Valley. Gerri Rutford, an employee of Cadden-Parfrey, is responsible for 750 residential housing units in the northwest area, most of which are in Oro Valley. Of those 750 units: • 90% of solid waste collection services are provided by Waste Management; the remaining 10% is provided by TNT Sanitation and Pima Environmental Services • Rate of$9.75 per month includes two trash pickups per week and one recycling pickup per week Included with this Council Communication is a summary of solid waste management services and rates for the 3,810 residential housing units managed by Cadden-Parfrey Services throughout Pima County. Waste Management provides services to approximately 90% of those units. Rates charged by all haulers range from $7.50 to $10.00 per month for twice a week trash collection and once a week recycling services. Lewis Management Resources • Manages 920 residential housing units in Copper Creek and 1,000 units in Rancho Vistoso • Of those units,.80% of solid waste collection services are provided by TNT Sanitation • Rate of$8.00 per month includes two trash pickups per week • Rate of$2.00 per month is optional for one day per week recycling • Waste Management provides service for much of the remaining households at a rate of$9.00 per month with optional recycling for an additional $4.00 per month TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 3 OF 4 SUMMARY ANALYSIS: As indicated from the previously discussed detail, there exists a wide range of solid waste collection services and related fees within the Town of Oro Valley. The following summary comments are based on preliminary research and are offered in an attempt to sum up the results of information obtained from the various contacts. • Residential trash collection services are provided to Town residents one to two times per week • The cost of residential trash collection ranges from $8.00 to $9.75 per month • Recycling services are usually optional and the service is provided at one collection per week at a cost ranging from $2.00 to $4.00 per month. Recycling is included in the $9.75 monthly charge for Cadden- Parfrey customers • Waste Management and TNT Sanitation Services are the primary haulers for the associations that were contacted Additional Comments: Comments and ideas were received from those contacted, including a citizen, Mr. Richard Izen. • Service level considerations regarding special/annual events such as spring cleaning and Christmas tree recycling drives • Consideration for the disposal of toxic substances such as fuels, paints, and poisons • Standardization of collection containers including size and color • Consolidation of the collection of waste disposal fees with water utility bills • Segregation of the Town into several districts with contracts to be awarded by district in order to stimulate competition, compare service levels among providers, and provide for continued business opportunities for small scale operators. ATTACHMENTS: 1. Summary of Cadden-Parfrey's Solid Waste Management Service Providers 2. Listing of Solid Waste Management Haulers located outside the City of Tucson in unicorporated Pima County 3. Solid Waste Service Provider Information provided by Mr. Dick Izen TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 4 OF 4 RECOMMENDATION: Staff is seeking direction from the Council with regard to this issue. SUGGESTED MOTION: N/A Oett14,/ .; (;,--zAz-t—q— David L. Andrews Finance Director / / ' r ' i huck Sweet Town Manager NOV-05-1998 10:26 CADDEN PARFREY SERV 520 142 2b1b h .Ud/Ud Ci) . 0(Z-4Y -C-C r v L"J COMF'NY MOST PERCENT OF AVERAGE ICE AREA OF NUMBER OF AME L4t USED IN ASSOC. TOTAL ASSOC. FOR 2X/WEEK TOWN UNITS MANAGED USING WM PICK-UP AND Lot' r RECYCLE SERVE ..,. k\d, _ --......_ ' 100 -- — $7.50 EAST 160 \ SUSIE .SCOTT WASTE �� MANAGEMENT ANNETTE GARDNER WATSTE 100 $10.00 NW 300 3c MANAGEMENT TED R •(ARP WATSTE 60 $7.50 NW SOLig t MANAGEMENT EDN A I3 0 -- WATSTE --- 100 -- $7.50 ALL 500 - Vow _ MANAGEMENT ... Sc �.{ --w�.--- ♦ PE5 COLON-MATEO WASTE $950 .. 650 (c1( MANAGEMENT LINA(3ARYEL. WASTE 100 $3.50 All 650 MANAGEMENT (e.: GERRI RUTFORC? WATSTE 90 $9.75 NW 750 MANAGEMENT 2:-.- 3L3( 3 3,2x3 p 3, ?/ 0 - 46 b TOTAL P.02 I LL : Nov Ub ' 6 14 :,5U NO .UU5 V .U2 520 X 82 7' 09 I'1AY--19-15 8 06:08 PIMA COUNTY QFIGI 529 082 7709 p.02/0:2 aview rr"4...)1 i:, 1211(.1-1,46.4.4.,.., (..i..p..,....... ..--• Thia list is for out-lick the City of Tucson�unincorporated incor orated Pima County.And iy ba3cd ots reports nude to Pima County Departmet � of Etwirotuieutal Quality by the waste Maulers. �-- _ 1Notts: corr-rAcz-rt,rpE at comrANY PRONE/ ADDRESS IMAXSERVICE/VARIAiNCEISERv:CE AREA ��� DESERT DWELLERS 743-7733 Suite Jai 4254 Din and Nancy Sons P Q. 80x 3691 3/71/98 Rtstdsn� � -Vancc • a/00DiSpdS DISPOSAL v Tucson.83740 ' SAS:Marana.Pictures clocks ,nrmit sine 1991 -- -� ___..•--' DESEKT PATHWAYS ��- Brandi and Keith dpdykc 222-U59 1225 W. Vr/13 Or 1001 Tuc-,ugh,831136 b130/998 , Rcaidesttia! and Commercial ;� .Three Polna. Gcettt '-'�l lel, S.zhyzTr is permit since 1994 --...-4 - --- ., 46.76 �bA trsldc-bn.owiticr ID 3ERViCES 757-337'. .,7ta S. Kolb did. FAX: 730-1026 1 ucson, AZ 55730 8 Rsstidlatoit ,�► -NW and SW in rt7cry Pinta CJunry 0)1c ;emit since 1991 - • a 37d•l6Sg PO Sox 742 =3141�iac�d tZichafd Cartcdcn LADY J 5 RESOURCES M. L,cm�on..4Z 33619 LOJ31198 �sidenaal u�d Cotnmc:zraf SA • ML C.csr$tson 7 �enrnt sine: 1997 -. -- _�� —, r � 3708 S. Dortyat�c P1 4342 Mennr ur Q4vc Rutz PAYLESS SANITATION 296,33-31ir71i98 E�3tdetipal E Tucson, AZ 35730 ac:nit sine: 1997 - «-- -_ ••-�- _ s�8: Robe S�hnfcr PIMA ENVIRONET,�L 53I-0366 P O. fox 1.7031-,aSt 1:aun1 Rills.A2 1!31!99 es1dcT1O5 and(:ummerc:z1 SERVICES o. 5,� .NW _ _ ' 55..69 permit since 1994 - "1 762-0799 P.(), Box 32 521 43.14 Art:-till PRO w STfucson. 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C.its ,nasi 1 Tucson85 r 3� 10131 98 �sigenaiirv►ca Only I S1�`�1T.LTXQN ,411-61 1�� SA •San ;dawn sc 3opo 1 L. irirt sirtee 1996 _ --- —- _ —'�'� —I w �ROLL OFF 72!•70.3 PCBox 15113 560! red BrownrTUCSON ' Ji)li93 Cortaro*i.Canst�cnon 3c Derr..Am on zI�C:7 :.s.j►t i;tcsan. .�Z$5730 t;prnvasva; PtU$T'�tn -AZ Orbzric Proauets ��_ mow. --a--yt:1-n_ 6 3,- 100X 757 .�QUStCn DaRtblit. - ?3t Tspt3 SIS-o�0 � 1100 W. Gienn L'S�1 FAX; aZ3-i7S uc3on. 35105 /30(98 Commercial and Aestdern=1 -vsrnee - _JQQ SA .gnu t:dunry,C07.. Iuutside P;rn&�sooty kxi,�ttte since= '.g'�+ _ '""' _ _ w. E MANAGEMENTMANAGEMENT14+_ 88 200� W. ►na 4263 /rtF aucttT4ck-GM . coag Bean ��`+ :.:CO .j F:�C: 71A-10.32- Tucson. 357-63 6/10/9% mm 0/9% Residential Also own a recycling;3,C1tiM X . ,.ic stncc ',°9tSA - Pima County.COT. .k outside ?-- `Jutlr.+ , v T. _. i • ' f t i I i i • ' { • 1 i • • i� ' 1 E I I�+ .iT/ i I 1 • I t s I I , a)i Ca: • I O' : \.. . . • t • i Ca L. C r- O, ice, ;O• , c C cn ,_,E V ' Cl)' ,M ;''t , C: OU'. f--' 2; • • ' , to. • : OI C :• O k\ : C L'� O c.NO > -- au). to. . O; I i Et i . —� i 1.0 O� ia) cn a � 1 —, „,, I_iCil, C; i : , : >+� O: `. O , 73 ;�'-C _' 0 -.!o5,.cn; C)i —; Cl.) C -0'..r, O; \ • , , '. • 0' • C' .� - C O' cn �•• O Ci' E' ' - � p co .... L -C0 _ U: CU. >,, 6• .., p;.C; ;Q5 L-' tll' C ; . • • ;••-•• C (D >' ; ••-r "+, ;a..M,O' C)i E, •I to` p .0; > C NL. — O — CU . > N'—,. V• L1.' u)' tai 0. ;� L- .— C CD• � O (a• C C r- U .. C, O; IUt Itn -. o'.. C)i ; O.p U C:.0 tn,-C �: • cn ;� �;— . cn; U:'`"'' v)' O, : O �, (a L. ; C. • O a) I I i i i i ._ O, I i 1, I , O, tU t CZ _ p W �— ''3 U .OEM ,- -- CO,U Q,. d �. C Cr) 0 0U • , ; C i • i • . i i to cn • •tI L• j � o C • C J • } . C• i% i /C) /”. .L G .rte.. i ^' H H u- �" H I • • as 0 0 J 0 0 ' 0 : . L. Cfr E CO • (74' ; 0 1- . — t . •r- N I • 'r' ; , C) T3: a . -. 6F}. • f I •CO O r �� • ia � , i •• .r' .C); i �' j �' I c' • I i I 1O i I I I ; 1 .r.. i i • i i , • l ,63 I I I 69. I i I H + i - i i � i ' C I 1 i E I .2 I 11 0• } f i It... ; C, • i I • ; CZ. i : • { i 1 •> 1 I I i • ... 1 + C i ; o nl (n i } } i i I 1 • •> • (n I Q• ,. 1 i i +CO ! 1 1, i 1 j �- 1 I i ! 1 o cai : (� ca•, 1 0! ` � ;Z 1, ', I C i ! ' 1 The Colony At Oro Valley Homeowners Association 7925-A N. Oracle Road, #391 Tucson, AZ 85704-6356 Phone (520) 742-5674 Fax (520) 742-1523 November 18, 1998 (4.,„.4fd-LO ,K. R VY\IV Honorable Mayor Paul Loomis & Town Council Members Town of Oro Valley 11000 N. La Canada Drive Tucson, AZ 85737 RE: Trash Service Dear Honorable Mayor Paul Loonus & Town tiMembers At the Annual Meeting for the Colony of Oro Valley Homeowners Association, the Members expressed their enthusiasm over the possibility of the Town of Oro Valley contracting fcr tile trash service for all of Oro Valley. We would hope that you strongly consider our request for a two day trash pick-up and one day recycling not to exceed $7.00 per home. Respectfully The Colony of Oro Valley Homeowners Association Board of Directors cc BOD File