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Home My WebLink AboutPackets - Council Packets (761) **AMENDED (02/27/09, 4:00 p.m.) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION MARCH 04, 2009 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:00 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 5:00 PM Pursuant to ARS 38-431.03(A)3 consultation with legal counsel regarding the status of the Arroyo Grande Negotiations with the Arizona State Land Department RESUME REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS -- TOWN MANAGER COUNCIL REPORTS DEPARTMENT REPORTS TOWN MANAGER'S REPORT - Informational Items 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 —At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. PRESENTATION: Pause for Paws 03/04/09 Agenda, Council Regular Session 2 Plaque of Appreciation presented to General John Wickham US Army (Retired) for his service as Oro Valley's representative to Regional Transportation Authority Citizen's Advisory Committee and the Committee on Accountability for Regional Transportation from 2005 - 2008 Plaque of Appreciation presented to Donna Aversa for her service as Oro Valley's representative to the Tucson-Pima Bicycle Advisory Committee from December 2005 - December 2008 Plaques of Appreciation presented to Bart Schannep for his service on the Board of Adjustment from November 2001 - December 2008 and Colleen Kessler for her service on the Board of Adjustment from June 2002 - December 2008 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes - January 21, 2009 B. Building Safety Activity Report — January 2009 C. Police Department Monthly Report — January 2009 D. Mayor & Council Trip Reports - February 2009 E. Resolution No. (R) 09-13 Authorizing the Public Works Department to apply for a grant from the Arizona Department of Transportation for funding of vehicles for Coyote Run F. OV12-06-23 Approval of a final plat for a ten (10) lot subdivision known as the "Enclave at Desert Sky", located at 9797 N. Desert Sky Road G. Approval of request by Senator Al Melvin to use the Town Council Chambers for the purpose of holding a public meeting on Saturday, March 7, 2009 from 1:30 p.m. to 3:00 p.m. H. Appointment of Public Advisory Committee (PAC) Members and Acceptance of the Technical Advisory Committee for the Environmentally Sensitive Lands Ordinance project Appointment of Gail Munden, Greater Oro Valley Arts Council (GOVAC) representative to the Art Review Commission with term effective March 4, 2009 - July 31, 2009 J. Appointment of Eugene Wowk to the Development Review Board for a term commencing March 4, 2009 and subject to reappointment on July 31, 2009 K.** Appointment of Tom Bush as Oro Valley's representative to the Committee on Accountability for Regional Transportation 2. DISCUSSION AND POSSIBLE ACTION TO EXTEND THE TOWN OF ORO VALLEY'S 2% LOCAL SALES TAX ON ELECTRICITY, NATURAL GAS AND WATER UTILITY SERVICES 03/04/09 Agenda, Council Regular Session 3 3. PUBLIC HEARING - ORDINANCE (0)09- 02 OV3-08-11 REQUEST TO EXEMPT INNOVATION CORPORATE CENTER-EAST, LOCATED ON LOTS 1 THROUGH 6, RANCHO VISTOSO NEIGHBORHOOD THREE, FROM THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT SIGN GUIDELINES AND TO HAVE THAT DEVELOPMENT BE REGULATED UNDER THE ORO VALLEY ZONING CODE REVISED, CHAPTER 28, SIGNS 4. PUBLIC HEARING - RESOLUTION NO. (R)09-14 OV8-08-01, GRANTING APPROVAL OF A CONDITIONAL USE PERMIT TO ENTERPRISE LEASING AGENCY, LOCATED WITHIN LOT 3 OF CAPIN CAR CARE CENTER IN THE PROXIMITY OF THE NORTHWEST CORNER OF ORACLE ROAD AND COOL DRIVE, PARCEL NO. 225- 141-90C 5. DISCUSSION OF TOWN FINANCIAL SUSTAINABILITY INCLUDING CONSIDERATION AND POSSIBLE APPROVAL OF TOWN ORGANIZATIONAL RESTRUCTURING AND REDUCTION-IN-FORCE PLAN 6. FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H) CALL TO AUDIENCE — At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 02/20/09 AMENDED AGENDA POSTED: 02/27/09 4:30 p.m. 4:00 p.m. ekf ekf When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00p.m. . . A DRAFT MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION January 21, 2009 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:00 PM CALL TO ORDER - 5:01 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor K.C. Carter, Vice Mayor Paula Abbott, Council Member Bill Garner, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Salette Latas, Council Member Council Member Abbott joined the Executive Session via telephone. EXECUTIVE SESSION AT OR AFTER 5:00 PM MOTION: A motion was made by Council Member Kunisch and seconded by Council Member Latas to go into Executive Session for the following purpose: Pursuant to A.R.S. Section 38-431.03(A)(3) for discussion and advice from the Town Attorney regarding economic development agreements in light of the recent Court of Appeals decision in Turken v. Gordon MOTION carried, 7-0. MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to go out of Executive Session at 6:05 p.m. MOTION carried, 7-0. RESUME REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER - 6:10 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor K.C. Carter, Vice Mayor Paula Abbott, Council Member Bill Garner, Council Member 01/21/09 Minutes, Town Council Regular Session 2 Barry Gillaspie, Council Member Al Kunisch, Council Member Salette Latas, Council Member Council Member Abbott participated via telephone. PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager David Andrews reviewed the upcoming meetings and events. COUNCIL REPORTS - No reports. DEPARTMENT REPORTS Water Utility Director Philip Saletta reported that the Central Arizona Project Water Conservation Board held a meeting in which they approved a motion supporting reliability storage which includes design work for the northwest reliability reservoir. He explained that this support benefits the Northwest Water Providers. He also reported that the Town's projects submitted for the federal economic stimulus package included eight projects for the Water Utility. He explained that any funding received would go through the Arizona Water Infrastructure Financing Authority so most projects would be eligible for grants or low or no interest loans. TOWN MANAGER'S REPORT - No report. CALL TO AUDIENCE - No speakers. PRESENTATION: PAUSE FOR PAWS Susan Miller from Casa de los Gatos, introduced Kaya, one of 400 cats waiting to be adopted. She stated that Kaya would be available at the Oro Valley Petco. 1. CONSENT AGENDA At the request of Council Member Kunisch, Mayor Loomis pulled items C and F from the Consent Agenda for discussion. MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Garner to approve the Consent Agenda with the exception of items C and F. 01/21/09 Minutes, Town Council Regular Session 3 MOTION carried, 7-0. A. Minutes - 01/07/09 B. Economic Development Division Monthly Report - December 2008 C. Appointment of two Council members to the Community Funding Subcommittee which will make recommendations on funding of community agencies to the Town Council (PULLED FOR DISCUSSION) Council Member Kunisch commented that he felt that Council should table this item for a year due to the financial conditions facing the Town next year. Mayor Loomis stated that there were other things that this subcommittee could do at this time (i.e. identify whether the process should be broken into two elements: Economic Development and other community funding services). He also stated that the committee should meet and if funds were available, they could then go through the Community Funding process. MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Kunisch to appoint Council Member Latas and Council Member Garner to the Community Funding Subcommittee. MOTION carried, 6-1 with Council Member Kunisch opposed. D. OV5-08-05 Approval of public art for the Sanofi-Aventis Research Center, known as "Gathering Garden and Century Plant sculpture," located on the southeast corner of Innovation Park Drive and Rancho Vistoso Boulevard E. Resolution (R)09-05 To re-convey four Utility Easements to Stone Canyon, LLC in exchange for two Utility Easements F. Resolution (R) 09-06 Approving and Authorizing Revised Residential and Commercial Development Plan Review Fees (PULLED FOR DISCUSSION) Council Member Kunisch commented that with economic conditions as they are nationwide, he felt that imposing any further impact fees was doing a disservice to the community. He stated that the Town needed to encourage local development and business and that this item should wait until the economy improves. Discussion followed regarding: The recommended review fees are not impact fees, they are cost of service fees and these fees would apply whether it is new or old development. 01/21/09 Minutes, Town Council Regular Session 4 - The fees were evaluated for cost recovery and the cost of doing business has risen. - The last time fees were reviewed was in 2003. Staff felt that it was prudent to look at the fees. If the fees were adopted, then future developers would be aware of the fees. Increase fees for third and subsequent reviews to encourage developers to submit their plans correctly initially. - Constituents seem to support user fees. MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Abbott to adopt Resolution (R)09-06 authorizing and approving the revised residential and commercial development plan review fees. MOTION carried, 6-1 with Council Member Kunisch opposed. 2. DISCUSSION AND CONSIDERATION OF FUNDING REQUEST BY THE GREATER ORO VALLEY ARTS COUNCIL FOR THE 2009 INDEPENDENCE DAY CELEBRATION Management Assistant Tory Schlievert stated that the 2008 Community Funding levels were approved last July during the budget cycle. She explained that due to the timing of the award decision for the Community Funding projects, the Greater Oro Valley Arts Council (GOVAC) has requested an additional $50,000 to fund the 2009 Independence Day celebration. They will then submit their 2010 Independence Day celebration request as part of their formal Community Funding application this year. She pointed out that the Town Manager has recommended funding at $25,000. Kate Marquez, GOVAC Executive Director, stated that due to the Town Manager's recommendation for additional funding in the amount of $25,000, GOVAC has reviewed the July 4th celebration and decided to move the event to Oro Valley Marketplace which would cut down on costs. She stated that the revised plans would cut costs for parking and buses and they believe that they could produce a great event at that approval rate. MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Latas to deny additional funding to the Greater Oro Valley Arts Council at this time. Discussion followed regarding the Independence Day celebration, the early commitments required, Town-wide event, continuation of this item, the status of the Town's budget deficit, funding levels, current projections and expected revenues. MOTION failed, 3-4 with Mayor Loomis, Council Member Abbott, Council Member Gillaspie, and Council Member Kunisch opposed. 01/21/09 Minutes, Town Council Regular Session 5 MOTION: A motion was made by Council Member Kunisch and seconded by Council Member Gillaspie to continue this item until February 4th. Discussion followed regarding being equitable and looking at all funding requests, spending Town money that is not available, and GOVAC would also need corporate support besides the $25,000 contributed by the Town. MOTION carried, 4-3 with Vice Mayor Carter, Council Member Garner, and Council Member Latas opposed. 3. DISCUSSION AND POSSIBLE DIRECTION TO STAFF TO FORMALLY INITIATE A CHANGE TO THE TOWN CODE AND BOARD AND COMMISSION ADMINISTRATIVE PROCEDURES AND POLICIES FOR APPOINTMENT Management Assistant Tory Schlievert reviewed a Power Point presentation regarding proposed changes to the Board and Commission appointment procedures and highlighted the following: Potential Process Change: - Allow each Council Member to appoint a representative to each of the ten boards and commissions. (Finance & Bond, Storm Water Utility and Board of Adjustment would be changed from 5 to 7 members). Citizen Corp Council would be increased to 12 members. 4111,, - Proposed timing of appointments: Appointments would be made in July of each election year. Terms run from August 1 to July 31 . - Recommend removal of Council liaison assignments. - Eligibility requirements would remain the same (Completion of Citizen Planning Institute (CPI) before serving or during first term and completion of 16 hours of continuing education per term served). - Recommend that the Council as a whole appoint representatives to the Pima County Bond Advisory Subcommittee, Regional Transportation Citizen's Committee, Tucson/Pima County Bicycle Advisory Committee, and Environmental Planning Advisory Committee (EPAC). - Recommend that Council continues to appoint representatives from among themselves to serve on outside agency groups. - Suggested timetable for Process Change: -18 of 60 board/commission members' terms expire June 30, 2009. Staff recommends extending their terms by one month to coincide with the proposed process change (to July 31, 2009). - All Council Members will appoint representatives to fill a one-year term beginning August 2009. - The following year, appointments will be made for the full two-year term to fall in line with the terms of elected officials. - Appointment Process: - All nominations would be placed on a regular Council agenda for ratification by a majority of the Council. 01/21/09 Minutes, Town Council Regular Session 6 - Council Members may change or replace any individual that they appointed; however, the change must go back to the Council. -- Council Members may remove or change the appointee of another Council Member for cause by a majority vote of the Council. Mayor Loomis opened the floor for public comment. The following Oro Valley residents spoke in opposition to or questioned reasons for the proposed changes to the Board and Commission appointment process citing such reasons as: interviews were conducted in a professional manner, citizens want to be involved in their community, potential for quid pro quo, current process is good, public perception of changes may be negative, would eliminate check and balance system, takes away independent voice and transparency, stifles volunteerism, not in best interest of the Town, current process is fair and altruistic and not political, current process provides a variety of views and a cross section of the community, maintain continuity and keep experience on the Boards/Commissions, recommend further study to compare process with what other cities/towns are doing, what is the problem that the Council was trying to solve with the proposed changes and if the quality of service is at issue, then work with the volunteers: Zev Cywan, Art Review Committee Bob Baughman, Chair of Historic Preservation Commission Jeanie Honn, Vice Chair of Art Review Commission Mike Schoeppach, Development Review Board member Teree Bergman, Chair of Planning & Zoning Commission Doug McKee, Planning & Zoning Commission Member Lyra Done, Chair for Parks & Recreation Advisory Board Bill Adler, Planning and Zoning Member Discussion followed regarding: - Idea was to get all Boards/Commissions to the norm of 7 members. Council would then each appoint a member. - Applications would be submitted and volunteers would be selected from that pool. - Trying to get standardization. Council would have input. - Nothing is broken. Can still bring Boards up to 7 members but appointments by Council is partisan politics. - The current process is good. If there was a problem, the Council would be hearing about it. Concern is for people who have applied for multiple boards or commissions and weren't selected. Also concerned that the current advertising for positions may not receive good responses. - Take this opportunity to have a discussion with the community about what the Council expects and explain to them what the Council is proposing. 01/21/09 Minutes, Town Council Regular Session 7 MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Latas to direct staff to proceed with the proposed changes as presented. Council Member Gillaspie stated that he would oppose the motion as he did not feel that an adequate job explaining the process changes to the community volunteers was done. Council Member Kunisch stated that he would not support the motion as there was nothing broken. Council Member Latas stated that she would support the motion as she saw things that were broken and that there were things to take into consideration (i.e. eliminating term limits). Council Member Abbott stated that she would support the motion as this was an opportunity to move in a positive direction. She stated that she had good faith that Council Members would appoint qualified, independent thinkers. Mayor Loomis stated that he would oppose the motion as several elements needed additional work. He stated that the system was not broken and task forces have studied this in the past. MOTION failed, 3-4 with Mayor Loomis, Council Member Garner, Council Member Gillaspie, and Council Member Kunisch opposed. MOTION: A motion was made by Council Member Latas and seconded by Council Member Abbott to continue this item to the second meeting in February (February 18) with the direction that Council seek input from members of the community (especially those not currently on Boards and Commissions). MOTION carried, 6-1 with Council Member Kunisch opposed. Mayor Loomis recessed the meeting at 7:40 p.m. The meeting resumed at 7:50 p.m. Council Member Abbott terminated her attendance at the meeting (via telephone) during the recess. There being no objections, Mayor Loomis moved Item 6 up to follow Item 3. 6. POTENTIAL DIRECTION TO TOWN STAFF RELATING TO ECONOMIC DEVELOPMENT AGREEMENTS MOTION: A motion was made by Council Member Garner and seconded by Council Member Abbott to direct the Town Manager to place all future payments under existing Economic Development Agreements between the Town and the Hilton El Conquistador, Steam Pump Village, Oracle Crossings (B.P. Magee), Vestar (Oro Valley Marketplace) and the Oro Valley Town Center (C.D.O. Partners) in a separate account pending the Arizona Supreme Court's IPdetermination or by the failure of the Arizona Supreme Court to act in the case of 01/21/09 Minutes, Town Council Regular Session 8 Turken vs. Gordon, decided by the Arizona Court of Appeals on December 23, 2008. I further move to direct the Town Manager to notify all parties to the above referenced Economic Development Agreements of this fact in writing. MOTION carried, 6-1 with Mayor Loomis opposed. 4. UPDATE, DISCUSSION AND POSSIBLE ACTION ON TOWN OF ORO VALLEY BOND PROJECT SUBMISSIONS FOR THE PIMA COUNTY BOND PACKAGE Parks and Recreation Director Ainsley Legner presented an update on the Pima County Bond package. She explained that in 2006, the Town provided a list of projects which included parks and recreation, open space, historic preservation and flood control to be considered in the 2008 bond package. She explained that the Bond Committee has met over the past 1 1/2 years and that the Town's original $91 million bond package request has been reduced to $26 million. Ms. Legner also reported that County Administrator Chuck Huckelberry has recommended that the general obligation bond election be postponed to at least November 2009 due to the economic down turn. She stated that the Bond Committee has recommended that there be a sewer bond election in 2009. Discussion followed regarding: - Equity of Pima County Administrator's recommendations. - Are other jurisdictions being handled the same? (Compare Marana, Sahuarita, Tucson, South Tucson). mop - Kelly Ranch acquisition (still money from the 2004 bond election to be allocated for acquisition). - Possibly use bond monies allocated for the Kelly Ranch acquisition for Steam Pump Ranch. - This property is not in Town limits but is in the Town's General Plan area and is a significant cultural resource for the region. Provides continuity for Catalina State Park. - Have until June 2009 to make recommendations to the Board of Supervisors to get something on the 2009 ballot. - Many cities/towns have concerns about subsidizing the Pima County bonds and not getting their fair share. - Consensus is that the Town is not getting its fair share and that the mix is not right for Oro Valley. Town Manager will send a letter to the Pima County Board of Supervisors stating that the Town does not support the current bond package as recommended by the County Administrator. 5. RESOLUTION NO. (R)09-07 APPROVING THE TOWN'S ANNUAL LEGISLATIVE AGENDA AND PROTOCOLS GUIDING THE TOWN'S PRIORITIES FOR THE UPCOMING LEGISLATIVE SESSION AND ANY LOBBYING ACTIVITIES 01/21/09 Minutes, Town Council Regular Session 9 Assistant Town Manager Jerene Watson explained that Resolution (R)09-07 highlights some of the Town's general legislative philosophies. She explained that some of the items addressed include the State's budget concerns, annexation desires, transportation issues and any legislation that might impact those goals and the State Parks Heritage funding. Council Member Latas requested that the wording "whether it is the identified route or another alternate" be removed from Transportation Issue #3. MOTION: A motion was made by Council Member Kunisch and seconded by Council Member Gillaspie to adopt Resolution (R)09-07 to approve the general legislative agenda for the Town during 2009 with the correction as stated by Council Member Latas (remove the wording "whether it is the identified route or another alternate" from Transportation Issue #3). MOTION carried, 6-0. 7. FUTURE AGENDA ITEMS Council Member Latas - Add appointment to the Historic Preservation Commission to the February 4th Consent Agenda for consideration. CALL TO AUDIENCE - No speakers. ADJOURNMENT MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Garner to adjourn at 8:15 p.m. MOTION carried, 6-0. Prepared by: Roxana Garrity, C M C Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 21st day of January 2009. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2009. tiew Kathryn E. Cuvelier, CMC Town Clerk CD r C rO %) '., :i5 .w C�aa _ mr.-.4 W N COco ,_ In 0 O O T- 00 ,-- O CO_ � O �:� T- C0) �- �- CO(� O CO CO,3:: = Z p 1� C) R. 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Q.) a - (i) cL) 4_,(1) 4_,`1) g ---d -4--' O -5 � - ) -5 � � � as.� .� .,.9 .F., a • � � � � •� � - v n v n o • V A v n o V A 0 a, E� o a' E� .E C) �. a) R...41;/ cc i:::' cd 0 H U 0 — U 4_, a > 71,0 `� o .`� 1--, O Q E---{ H 2 H H JPL�EY RS, 0 FEB i1'@SPM :305 IOU ��UND ED 1g�D Office of the Mayor & Town Council Trip Report Purpose: Arizona Smart Growth Scorecard Informational Session Date: February 4, 2009 Location: League of Arizona Cities and Towns 1820 W. Washington Street Phoenix AZ 85007 Attendees: Mayor Paul Loomis, Sarah More and Paul Popelka Summary: The 'Arizona Smart Growth Scorecard' is an incentive-based local self assessment tool to help cities, towns and counties evaluate their growth and planning efforts. State discretionary grant, loan, and approval programs will be utilizing the Scorecard to provide a variety of incentives and assistance to communities. Members of the Smart Growth Interagency Committee and staff from the Office of Smart Growth were at the League to discuss important aspects of the Arizona Smart Growth Scorecard and answer any questions cities and towns might have about the process and utilization of the Scorecard for discretionary state programs. The Scorecard: 1) is to be used starting January 2009 for some state grants; and, 2) not to be used for state distributions of Federal Economic Stimulus funds. The `Arizona Smart Growth Scorecard' is available for review from Carol Miller. Report submitted Town Clerk on February 11, 2009. Paul Loomis Mayor www.orovalleyaz.gov Oro Valley Administration Building 11000 N.La Canada Drive • Oro Valley,Arizona 85737 F:\Admin Assist\Mayor Loomis\Out of Towrp e(kk20) P4!O1 rth mn(t5124)02 c0tR309.doc TOWN OF ORO VALLEY Page 1 of 2 'OUNCIL COMMUNICATIONNor MEETING DATE: March 4,2009 TO: HONORABLE MAYOR AND COUNCIL FROM: AIMEE RAMSEY, TRANSIT SERVICES ADMINISTRATOR SUBJECT: Resolution Number(R)09- 13 , Authorizing the Public Works Department to apply for a grant from the Arizona Department of Transportation for funding of vehicles for Coyote Run. SUMMARY: The Town of Oro Valley Public Works Department Transit Services Division utilizes grant funding to replace its Coyote Run vehicles. The Arizona Department of Transportation (ADOT) Section 5310 or Elderly Individuals and Individuals With Disabilities Transportation Program is a federal grant program designed to provide capital primarily in the form of vehicles awards to qualified agencies serving predominately senior and/or disabled persons. The Program requires a local cash match for awarded products or services approved by the Arizona Department of Transportation (ADOT) on behalf of the Governor of Arizona and the United States Department of Transportation (USDOT). The Multimodal Planning Division (MPD) of ADOT administers the Federal Transit Administration's (FTA) Elderly Individuals and Individuals with Disabilities Transportation Program, commonly known as the Section ;310 Program (49 U.S.C. §5310). To be eligible to receive these funds, ADOT requires certifications and assurances stating that the applicant is aware of and agrees to abide by state and federal laws. These certifications and assurances must be signed by an authorized representative. This communication will recommend authorizing the Public Works Department to apply for the ADOT 5310 Program. PROJECT OVERVIEW: Since October 1996 the Town of Oro Valley has owned and operated a transit service for elderly and disabled residents—Coyote Run. Coyote Run currently has a fleet of nine (9) vehicles, providing approximately 75 - 85 trips per day. Due to the long trip distances, vehicle miles traveled are excessive and the older vehicles need to be replaced. Currently, two 2003 E-350 Ford vans have in excess of 120,000 miles operating over 31,000 miles per year. These vehicle standard rating and service life is 4 years or 100,000 miles. Preventative maintenance and inspections have been completed every 5000 miles on the basis of Coyote Run's preventative maintenance schedule ensuring the safety and reliability of these vehicles. In order to prevent any unexpected transmission or engine overhaul costs associated with higher mileage vehicles, these vehicles need to be replaced. Coyote Run may apply for Section 5310 funding to replace vehicles that are providing service for elderly individuals and individuals with disabilities. This year's application is seeking two replacement vehicles with a local match of 12%, which has been lowered from 20% from previous years. The Town will utilize LTAF II funding as matching funds and is requesting to be considered for the a 8% local match rate available under Lertain conditions. TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: March 4, 200° 'Id RECOMMENDATIONS: It is the recommendation of the Transit Services Administrator to approve Resolution Number (R)09- 13 , Authorizing the Public Works Department to apply for a grant form the Arizona Department of Transportation for funding of vehicles for Coyote Run. FISCAL IMPACT: TotalJ ro'ect value is $110,000. The Town of Oro Valley will receive two maxi vans paid for by ADOT in the p amount of$110,000. Therefore, the Town of Oro Valley's local match would be $13,200 or 12.0%. LTAF II or Town's General Fund may be used as local matching funds. ADOT willp urchase the vehicles and enter into a contract with the Town of Oro valley should the Town be awarded the ADOT 5310 funding. ATTACHMENTS: 1) One (1) copy of Resolution Number (R)09.-13 2) One (1) copy of the federal certification and assurances. SUGGESTED MOTIONS: The Council may wish to consider one of the following motions: Nurd I move to approve Resolution Number (R)09- 13 , Resolution Number (R)09- 13 , Authorizing the Public Works Department to apply for a grant form the Arizona Department of Transportation for funding of vehicles for Coyote Run. OR I move to deny Resolution Number (R)09- 13 , Resolution Number (R)09- 13 , Authorizing the Public Works Department to apply for a grant form the Arizona Department of Transportation for funding of vehicles for Coyote Run. Aimee Ramsey, Transit Adminis . . r ct z 1 =- 7Caig Civalier, Town Enginee 4 ILI. jil/ALA-- /-,, r,, 4 , at -Cr J1., J; - Watson, Assistant Town Manager --1/ David Andrews, Town Manager RESOLUTION NO. (R) 09- 13 Slaw A RESOLUTION OF THE MAYORD AN .COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO APPLY FOR A GRANT FROM THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR FUNDING OF VEHICLES FOR COYOTE RUN WHEREAS, the Town of Oro Valley is a municipal corporation within the State of Arizona and is vested with all the rights, privileges and benefits and is entitled to the immunities and exemptions granted to municipalities and political subdivisions under the laws of the State of Arizona; and WHEREAS, pursuant to 49 U.S.C. § 5310, the Secretary of Transportation may make grants to state and local governmental authorities for public transportation capital projects planned, designed, and carried out to meet the special needs of elderly individuals and individuals with disabilities; and WHEREAS, the Multimodal Planning Division (MPD) of ADOT administers the Federal Transit Administration's (FTA) Elderly Individuals and Individuals with Disabilities Transportation Program; and WHEREAS,two (2) Coyote Run vehicles are scheduled to be replaced; and WHEREAS, the Town desires to apply for a grant to ADOT for the purchase of two (2) vehicles to assist elderly and disabled residents transit services; and WHEREAS, ADOT shall purchase the vehicles for the Town and the Town shall pay approximately twelve (12%) percent of the total purchase cost or $13,200 for the vehicles; and WHEREAS, it is in the interest of the Town of Oro Valley to apply for a grant with ADOT for funding of vehicles to assist elderly and disabled residents within the Town. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley,Arizona, that: 1. The Mayor and Council authorize and approve the Public Works Department to submit a grant application to the Arizona Department of Transportation for the funding of two (2) vehicles to assist elderly and disabled residents of the Town. 2. The Town Engineer and any other administrative officials of the Town of Oro Valley are hereby authorized to take steps as necessary to execute and implement the terms of the Grant Agreement. C:\Documents and Settings\tgarcia\Local Settings\Temporary Internet Files\OLK11Resolution.doc Town of Orn Valley Attorney's Office/ca/02I209 PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona,this 4th day of March , 2009. TOWN OF ORO VALLEY,ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date: Date: ,44010 Nod C:\Documents and Settings\lgarcia\Local Scttings\Temporary Internet Files\OLK1\Resolution.doc FY 2009 Section 5310 Application Form Town of Oro Valley Public Works Transit Division—Coyote Run ,.. APPLICATION PART 4: FEDERAL. CERTIFICATIONS AND ASSURANCES AND OTHER FORMS FEDERAL FISCAL YEAR 2009 ITA CERTIFICATIONS AND ASSURANCES.SIGNATURE PAGE (Required of all Applicants for FTA assistance and all FTA Grantees with an active capital or formula project) AFFIRMATION OF APPLICANT Name of Applicant: Town of Oro Valley Public Works Department Transit Division--Coyote Run Name and Relationship of Authorized Representative: Craig Civalier,Town Engineer/Public Works Director SIGNING BELOW,on behalf of the Applicant,I declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant's compliance.Thus,the Applicant agrees to comply with all Federal statutes and regulations,and follow applicable Federal directives,and comply with the certifications and assurances as indicated on the foregoing page applicable to each application it makes to the Federal Transit Administration(FTA)in Federal Fiscal Year 2009. FTA intends that the certifications and assurances the Applicant selects on the other side of this document,as representative of the certifications and assurances in this document,should apply,as provided,to each project for which the Applicant seeks now,or may later,seek FTA assistance during Federal Fiscal Year 2009. The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to FTA,and acknowledges that the Program Fraud Civil Remedies Act of 1986,31 U.S.C.3801 et seq.,and implementing U.S.DOT regulations,"Program Fraud Civil Remedies,"49 CFR part 31 apply to any certification,assurance or submission made to FTA.The criminal provisions of 18 U.S.C. 1001 apply to any certification,assurance,or submission made in connection with a Federal public transportation program authorized in 49 U.S.C.chapter 53 or any other statute In signing this document,I declare under penalties of perjury that the foregoing certifications and assurances,and any other statements made by me on behalf of the Applicant are true and correct. Signature Date: Name Craig Civalier,Town Engineer/Piblic Works Director Authorized Representative of Applicant AFFIRMATION OF APPLICANT'S ATTORNEY For(Name of Applicant): Torn of Oro Valley_Public Works Department Transit Division--Coyote Run As the undersigned Attorney for the above named Applicant,I hereby affirm to the Applicant that it has authority under State,local,or tribal government law,as applicable,to make and comply with the certifications and assurances as indicated on the foregoing pages.I further affirm that,in my opinion,the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affirm to the Applicant that,to the best of my knowledge,there is no legislation or litigation pending or imminent that might adversely affect the validity of these certifications and assurances,or of the performance of the project. Signature Date: Name Tobin Rosen,Town Attorney Attorney for Applicant Each Applicant for FTA financial assistance and each FTA Grantee with an active capital or formula project must provide an Affirmation of Applicant's Attorney pertaining to the Applicant's legal capacity.The Applicant may enter its signature in lieu of the Attorney's signature,provided the Applicant has on file this Affirmation,signed by the attorney and dated this Federal fiscal year. FY 2009 Section 5310 Application Form Town of Oro Valley Public Works Transit Division--Coyote Run ,410 ASSURANCE OF AUTHORITY OF THE APPLICANT AND ITS REPRESENTATIVE For(Name of Applicant): Town of Oro Valley Public Works Transit Division- Coyote Run The authorized representative of the Applicant and the attorney who sign these certifications, assurances, and agreements affirm that both the Applicant and its authorized representative have adequate authority under applicable state and local law and the Applicant's by-laws or internal rules to: (1) Execute and file the application for Federal assistance on behalf of the Applicant; (2) Execute and file the required certifications, assurances, and agreements on behalf of the Applicant binding the Applicant; and (3) Execute grant agreements and cooperative agreements with FTA on behalf of the Applicant. Signature Date: Name Craig Civalier Town Engineer/Public Works Director Authorized Representative of Applicant Title I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these certifications and assurances, or of the performance of the project. Signature Date: Name Tobin Rosin, Town Attorney Attorney for Applicant Each Applicant for FTA financial assistance(except 49 U.S.C. 5312(b)assistance)and each FTA Grantee with an active capital or formula project must provide an Affirmation of Applicant's Attorney pertaining to the Applicant's legal capacity. The Applicant may enter its signature in lieu of the Attorney's signature,provided the Applicant has on file this Affirmation,signed by the attorney and dated this Federal fiscal year. GENERAL ASSURANCES FY 2009 Section 5310 Application Form Town of Oro Valley Public Works Transit Division--Coyote Run We the governing body of the Town of Oro Valley in approving the submission of the attached application,certify that the APPLICANT has the legal authority and is willing to make as part of the contract between the State of Arizona and the APPLICANT for Federal Transit Administration Section 5310 financial assistance, the following assurances: A. The APPLICANT is a private non-profit organization incorporated in the State of Arizona, a Tribal government or related Tribal community, or that it is a public body which has been designated as an eligible Section 5310 recipient. B. The APPLICANT has or will have the legal, financial, and technical capacity to carry out its proposed Section 5310 project described herein, including safety and security aspects of that program. C. The APPLICANT will have satisfactory continuing control over the use of project equipment and facilities. D. The APPLICANT has, or will have prior to delivery, sufficient funds to provide the local match for the equipment purchased under this contract and to operate the vehicles or equipment purchased under this project. E. The APPLICANT assures affirmative compliance with Title VI of the Civil Rights Act of 1964 -- Nondiscrimination in the Provision of Service (FTA C 4702.1; FTA C 9040.1E; and FTA C 9070.1E). F. The transportation needs of elderly persons and persons with disabilities have or will be addressed by the APPLICANT, pursuant to the requirements of Section 504 of the Rehabilitation Act of 1973 (29 USC 794). G. The APPLICANT has demonstrated and will continue to demonstrate efforts to achieve coordination with other transportation providers, including social service agencies capable of purchasing service. The APPLICANT has participated in the development of a local coordinated public transit-human services transportation plan for the area(s) in which project vehicles will be used. H. Private transit and paratransit operators and the public have been afforded a fair and timely opportunity to participate to the maximum extent feasible in the provision of the proposed transportation services by the APPLICANT. I. The APPLICANT assures that it will comply with applicable provisions of the Americans with Disabilities Act (ADA), otherwise known as Public Law No. 101-336 and applicable provisions of 49 CFR Parts 27, 37 and 38: Transportation for Individuals with Disabilities; Final Rule. J. The Applicant will comply with the applicable provisions of the guidelines relative to charter bus service (Title 49 CFR Part 604) and school bus operations (Title 49 CFR Part 605; Title 49 USC 5323(f)). General Assurances,continued FY 2009 Section 5310 Application Form Town of Oro Valley Public Works Transit Division—Coyote Run General Assurances,Continued K. The Applicant assures that it will comply with all applicable Federal statutes and regulations in carrying out any project supported by an FTA grant or cooperative agreement. The Applicant agrees that it is under a continuing obligation to comply with the terms and conditions of the grant agreement or cooperative agreement issued for its project with FTA. The Applicant recognizes that Federal laws and regulations may be modified from time to time and those modifications may affect project implementation. The Applicant understands that Presidential executive orders and Federal directives, including Federal policies and program guidance may be issued concerning matters affecting the Applicant or its project. The Applicant agrees that the most recent Federal laws, regulations, and directives will apply to the project, unless FTA issues a written determination otherwise. Signature: Date: Title of Authorized Official: Craig Civalier,Town Engineer/Public Works Director -4440 r.r FY 2009 Section 5310 Application Form Town of Oro Valley Public Works Transit Division--Coyote Run 411100, CERTIFICATION FOR CIVIL RIGHTS COMPLAINT STATUS X I hereby certify that our organization does NOT have any pending Title VI (Civil Rights) complaints of discrimination filed against its transit program. I hereby certify that our organization DOES have (number) pending Title VI (Civil Rights) complaints of discrimination filed against its transit program. This complaint(s), and its status, is briefly described below. The agency agrees it will keep the Arizona Department of Transportation's Transit Unit informed of any changes in the status of that complaint(s). To comply with the Civil Rights Act of 1964,Title VI, the Americans with Disabilities Act of 1990, Title 11, and the Vocational Rehabilitation Act of 1973, Section 504,we do not discriminate on the basis of disability, race,color,national origin, age, or gender. Signature Title Craig Civalier, Town Engineer/Public Works Director Printed Name Date Town of Oro Valley Public Works Transit Division Coyote Run Agency Name FY 2009 Section 5310 Application Form Town of Oro Valley Public Works Transit Division—Coyote Run Drug-Free Worjpiace Act Certification for a Public or Private Entity Craig Civalier,Town En.gineer/Public,Works Direct9r - Coyote Run certifies that it will provide a drug-free workplace by: a) Publishing a statement notifying employees that the unlawful manufacture,distribution, dispensing,possession,or use of a controlled substance is prohibited in the applicant's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b) Establishing an ongoing drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The applicant's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and, (4) The penalties that may be imposed upon employees for drug abuse violations in the workplace; c) Making it a requirement that each employee to be engaged in the performance of the grant or cooperative agreement be given a copy of the statement required by paragraph (a); d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant or cooperative agreement,the employee will: (1) Abide by the terms of the statement;and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later that five calendar days after such conviction; e) Notifying the Federal agency in writing,within ten calendar days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice,including position title,to every project officer or other designee on whose project activity the convicted employee as working,unless the Federal agency has designated a cartel point for the receipt of such notices.Notice shall include the identification number(s) of each affected grant or cooperative agreement. (f) Taking one of the following actions,within 30 calendar days of receiving notice under subparagraph (d)(2),with respect to any employee who was convicted: (1) Taking appropriate personnel action against such a employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by Federal, State, or local health, law enforcement, or other appropriate agency. g) The Applicant's headquarters is located at the following address. The addresses of all workplaces maintained by the Applicant are provided on an accompanying list. • FY 2009 Section 5310 Application Form Town of Oro Valley Public Works Transit Division—Coyote Run .,,, Drug-free Workplace, cont'd Name of Applicant:'Town of Oro Valley Public Works Transit Division--Coyote Run _ Address: 12941 Pucsh Mountain View Lane,,QrQ Vaey AZ 85737 Signature of Authorized Official: Title: Town Engineer/Public Works Director Date: FY 2009 Section 5310 Application Form Town of Oro Valley Public Works Transit Division Coyote Run CERTIFICATE OF COMPLIANCE WITH MANUFACTURER'S MAINTENANCE SCHEDULE THIS IS TO CERTIFY THAT the Town of Oro Valley Public Works Transit Division---coyote Run (Agency Name) An applicant for a grant under provisions of the Elderly Individuals and Individuals with Disabilities Program (49 U.S.C. § 5310 of the Federal Transit Act), agrees to abide by the vehicle manufacturer's schedule of maintenance,as a minimum,during the period this vehicle is operated in conjunction with the Arizona Department of Transportation, or its successor agency. Town of Oro Valley Public.Works Transit Division--Coyote Run DATE AGENCY NAME: Signature of Authorized Official FY 2009 Section 5310 Application Form Town of Oro Valley Public Works Transit Division--Coyote Run Complete if receiving more than S100,000 in PTA A funds Naar CERTIFICATION OF RESTRICTIONS ON LOBBYING I, Craig Civl.ier,Town Engineer -hereby certify to the Arizona Department (name and title of autbori ed official) of Transportation,on behalf of rhe Town Qf Oro Valley that to the best of my knowledge and belief: (name o..grantee) 1. No Federal appropriated funds have been or will be paid by or on behalf of the Applicant to any person to influence or attempt to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress regarding the award of Federal assistance,or the extension,continuation,renewal, amendment, or modification of any Federal assistance agreement;and a. If any funds other than Federal appropriated funds have been or will be paid to any person to influence or attempt to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with any application for Federal assistance, the Applicant assures that it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," including information required by the instructions accompanying the form,which form may be amended to omit such information as authorized by 31 U.S.C. 1352. b. The language of this certification shall be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, subagreements, contracts under grants,loans, and cooperative agreements). 2. The Applicant understands that this certification is a material representation of fact upon which reliance is placed by the Federal Government and that submission of this certification is a prerequisite for providing Federal assistance for a transaction covered by 31 U.S.C. 1352. The Applicant also understands that any person who fails to file a required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Executed this day of ,2009. By (signature and title of authorized official) FY 2009 Section 5310 Application Form Town of Oro Valley Public Works Transit Division-Coyote Run COORDINATION CERTIFICATION Town of Oro Valley Public Works Transit Division--Coyote Run (Agency Name) Hereby certifies that the project described in the enclosed application for funding assistance from the ADOT/FTA Section 5310 Special Needs for Elderly Individuals and Individuals with Disabilities Program, was derived from a locally (i.e., regionally) developed, coordinated public transit-human services Transportation planning-process, that the applicant-agency has participated in this process, and that-- to its knowledge at the time of this certification--the applicant's intent to seek grant funding assistance for this project, or a project sufficiently similar to the applied-for project (as determined by the applicant's COG or MPO office), has been— or will be---included in the recommended Program-of-Projects of its region's coordinated human services transportation plan. Further, the applicant has had ample opportunity to participate in, and contribute to, this plan, and certifies that it will engage in local and regional coordination activities to the best of its ability, including but not limited to applicable activities discussed in the above-mentioned plan. Crai• Civalier T.yin En.ineer/Public Works Director- Co of- Run Name of Authorized Official (Applicant) Signature of Authorized Official (Applicant) Date Nod OFFICAL REVIEWER USE ONLY: Name of Authorized Official (COG/MPO) Signature of Authorized Official (COG/MPO) Date TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 4,2009 0: HONORABLE MAYOR & COUNCIL FROM: Sarah S. More, Planning and Zoning Director SUBJECT: OV12-06-23, Tom Bailey T. D. B. Builders, represented by Physical Resource Engineering, requests approval of a final plat for a ten (10) lot subdivision known as the "Enclave at Desert Sky", located at 9797 N. Desert Sky Road. EXECUTIVE SUMMARY OF APPLICATION: The project will consist of a ten (10) single-family residential lots to be accessed from Desert Sky Road via a single cul-de-sac (Sunrise Sky Place). The lot sizes range from 5,029 square feet to 10,125 square feet, with an average lot size of 6,406 square feet. A transition to the existing residents in the Oro Valley Heights subdivision has been provided via a landscaped common area(Common Area"B") BACKGROUND: Current Site Conditions: • The site is zoned R-4 Townhome District. • The site consists of 2.08 acres or 90,721 square feet. • Maximum building height for this zone is twenty-five feet(25'), two stories. • The General Plan land use designation is High-Density Residential (HDR) Approvals to Date: • The DRB reviewed the preliminary plat and approved the landscape plan in November, 2007. • The Town Council approved the preliminary plat in February,2008. • The Town Council approved an in-lieu fee for the recreation area in March, 2008. • Neighborhood mitigation measures, including reduced building height and additional screening, were discussed as a part of the DRB and Town Council preliminary plat review and approval. Surrounding Land Uses: Orientation Zoning Designation Subdivision Name North: R-4 Horizon Heights Condominiums South: R1-7 Sunstone Estates West: R1-43 Oro Valley Heights East: R-4 Desert Sky A. GENERAL PLAN COMPLIANCE final plat for the Enclave at Desert Sky was reviewed utilizing the General Plan 2020. A noteworthy eneral Plan 2020 policy is listed below. • Policy 1.3: "To promote a compatible mix of land uses throughout the Oro Valley Planning Area". s • TOWN OF ORO VALLEY COUNCIL COMMUNICATION Pa'e 2 o' This site is zoned R-4. The General Plan designates this site, and the adjacent properties to the north, south, and east as "High Density Residential". The subdivision to the west was designated "Low Density Residential". The single family residential homes in the area were built at a lower density than allowed by code. The proposed development also meets the density requirements for the General Plan and is compatible with the existing residential development densities. The development meets this General Plan policy. B. OVZCR COMPLIANCE: The final plat meets all applicable OVZCR requirements. Noteworthy OVZCR requirements are listed below. • Section 27.6.5.E: Optional Method 1. "In lieu of the required private recreational area or public park land dedication, the Town Council may approve an alternative proposal that aids in the development of Town parks or recreational facilities". The recreation area for this site would be ten percent (10%) of the site, or 9,072 square feet. Due to the parcel size constraints, the applicant has chosen to utilize the "In-Lieu Fee" option instead of providing recreational facilities as required of all subdivisions. This option is permitted via the OVZCR and Town Council approved the alternative proposal that aids in the development of Town parks or recreational facilities previously in March, 2008. As part of Town Council's approval of the "In Lieu Fee" proposal, a condition of approval has been added to Exhibit"A"to require that the fee be paid prior to the recordation of the final plat. • Section 23.7.A.3.d: "No building or part thereof shall be erected or altered in this district that is nearer a dedicated street or private street than 20 feet, except that the average setback from any dedicated street shall be at least 25 feet". The proposed development meets this requirement. General Note #8 lists the setbacks per lot, and the average setback is 29.3 feet, which meets this requirement of the OVZCR. The proposed final plat meets this and all other applicable OVZCR requirements. C. PUBLIC WORKS: Staff has found that all engineering related Zoning Code items and other engineering comments have been corrected and/or addressed except as noted in the Exhibit A—Conditions of Approval. This Final Plat conforms to the approved Preliminary Plat. In addition, engineering staff finds that all property lines, except as noted within Exhibit A, are surveyable in accordance with local and State Code. D. OVZCR DESIGN GUIDELINE COMPLIANCE The final plat for Enclave at Desert Sky meets all applicable OVZCR Design Guidelines. pp g TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 4 SUMMARY OF FACTORS: Findings in Favor: 1. The final plat meets all applicable General Plan policies, OVZCR requirements, and OVZCR Addendum "A" Design Guidelines. 2. The Town Council approved the preliminary plat in February, 2008. 3. Neighborhood mitigation was discussed and implemented as part of the preliminary plat review and approval. Findings Against: 1. As part of the preliminary plat review and approval,neighbors have previously expressed concerns about potential negative impacts of the subdivision. RECOMMENDATION: Staff finds that the proposal meets all applicable General Plan policies, OVZCR requirements and Addendum "A"Design Guidelines. Therefore, staff supports the applicant's request, subject to the condition in Exhibit SUGGESTED MOTION The Town Council may wish to consider one of the following suggested motions: I move to [approve, approve with conditions, OR deny] final plat for Enclave at Desert Sky, as requested by Tom Bailey T. D. B. Builders, represented by Physical Resource Engineering, OV12-06-23. Attachments: 1. Exhibit"A"; 2. Final Plat 1- ,, ' 4 . i /- More, More, Pla and Zoning Director -raig Civa ie Town Engineer Aew 1 A. gene Watson, Assistant Town Manager (kir Dc./Atia) aditi4A4 David Andrews, Town Manager TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 4 c Project Manager: Matt Michels, Senior Planner cc: Tom Bailey Sr. Dennis Donovan Fax: 792.1890 Fax: 690.1769 S:\permplus\docs\OV1206-23\TC report 3-4-09.doc OV 12-06-23 Enclave at Desert Sky Final Plat Exhibit "A" Conditions of Approval 1. Prior to the recordation of the final plat, the owner shall pay the full "In Lieu" fee amount of$37, 377.00 to the Town of Oro Valley. 2. Resolve the discrepancy between the boundary closure calculation sheet and the boundary curve segment to the north of Lots 3 and 4. The boundary closure calculation sheet indicates a curve distance of 144.5 feet while the Final Plat sheet indicates 145.10 feet for the same segment. 3. A general note shall be added to the final plat stating that two-story homes are restricted to Lots 1,8, and 10 only, as stipulated by the Town Council with the preliminary plat approval. S:\PERMPLUS\DOCS\OV1.206-23\FP exhibit A TC.doc 20dd )1008 0 z m 77 'v U U 7 o C N n M �o zE� q a m oo W w a NP Z o �- �+ vi O rl 0 Z w rM m `1,c,'9, N O ''^^ v:�c r,' p n^ W aD °� O J \M N tp M = Z w W . -t O,~O c 4 2 LL rn,-� Y rl q �W �a cn W Z ZO2 �Zjf- �, Oil 4040_�Q.yn. 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I o " o ,1 o a "- 60 1 J 1___ J I J r 0, n W =\ £676 . 00"Z9 . vin $ •3.60,90.00N • u Qo £s'tz<< 3V611.0 AS se oze'e (sang 'Buideospue i)6 easy uowwoO 5�gz r°N' c�o,`r 1 3.00.00.00N o�^ (�J)L6691 ornM,Ls,OSOp$u5cci 1n 3.60,90.00N 7n ___ 00 6d'60>,18 w g oa�y uowwo� $ rn I 9cIO 0jS}asap p ON4 24.S ei U is--,'N ;.r U w1 O NN 0/m Sm 3oZoI.Oo00N 0 0 NT a fn o €aN Q 4 t'",1-'_,, m TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 4, 2009 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: APPROVAL OF REQUEST FOR SPONSORSHIP OF SENATOR AL MELVIN TOWN HALL MEETING SUMMARY: A request has been received by Senator Al Melvin to use the Town Council Chambers for the purpose of holding a public meeting to meet with his constituents on Saturday, March 7, 2009 from 1:30 p.m. to 3:00 p.m. If the Town Council agrees to sponsor the use of the Council Chambers for Senator Melvin's public meeting, the fees will be waived. SUGGESTED MOTION: I MOVE to approve the sponsorship of a public meeting hosted by Senator Al Melvin scheduled for Saturday, March 7, 2009 from 1:30 p.m. to 3:00 p.m. ATTACHMENTS: 1. Letter of request from Geri Ottoboni-Gilmore on behalf of Senator Al Melvin 6m1-6W-v/ Kat n E. Cuvelier, Town Clerk „, David Andrews, Town Manager Page 1 of 1 Cuvelier, Kathryn From: geri ottoboni-gilmore [ Sent: Tuesday, February 17, 2009 2:42 PM To: Cuvelier, Kathryn Subject: Fw: Town Hall Meeting with Al Melvin Original Message From: geri ottoboni-gilmore To: kcullelier@orovalleyaz.gov Sent: Tuesday, February 17, 2009 2:32 PM Subject: Town Hall Meeting with Al Melvin Kathy, As per our phone conversation of today February 17, the particulars are as follow Town Hall Meeting on March 7 , 2009 from 1:30 PM to 3:00 PM in the Town Hall Chambers with Senator Al Melvin Also you mentioned that State Liability Insurance is not necessary. The phone number for Senator Al Melvin is: 1-800-352-8404 x64326. If you have any questions, please don't hestate to call me at 520 297-7718 Have a nice day, Geri Ottoboni 2/18/2009 ANIMINIMMINIIMINIR TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 4, 2009 TO: HONORABLE MAYOR& COUNCIL FROM: SARAH S. MORE,FAICP, PLANNING AND ZONING DIRECTOR SUBJECT: APPOINTMENT OF PUBLIC ADVISORY COMMITTEE MEMBERS FOR THE ENVIRONMENTALLY SENSITIVE LANDS ORDINANCE PROJECT Executive Summary The purpose of this item is to garner Town Council Public Advisory Committee (PAC) appointments. Once a draft ESL zoning element is developed, a task force of community representatives will be used to refine it. The PAC's charge is to insure successful incorporation of previously adopted General Plan policies. At the March 4, 2009 Town Council meeting, staff will formally request approval of the committee's membership. Prior to the meeting, staff will request that each Town Council member select one PAC nominee. A complete list of proposed nominees will be sent as an addendum to this report. Staff also wishes to encourage Town Council feedback regarding the composition of the Technical Advisory Committee (TAC). The TAC's role is to provide technical guidance, such as evaluating the methodology to be used for fieldwork land survey protocol, resource value assessments, conservation planning techniques, legal parameters, inter jurisdictional collaboration, etc. The Team must include individuals with a range of legal, conservation, biology, and land use expertise. kiwrd ublic Advisory Committee (PAC) This task force will have a significant impact on the efficiency and quality of the ESL zoning ordinance, so member composition is an important consideration. Development of any zoning ordinance is a relatively technical effort compared to establishing policy. The ESL Policy phase included use of a Public Advisory Committee with a very diverse range of non-technical members to establish direction -- and the results are reflected in the current General Plan. This is the implementation phase and the budget/project schedules reflect that the policies have already been established. The following needs/guidelines are germane to composition of a PAC: • Balanced representation of the full array of stakeholders • Number of members must be kept to a manageable level. The ESL Policy effort included a very large committee of 22 members—which enabled a diverse perspective. The disadvantage is that such a large task force requires considerable time and expense to produce results—by default. The need for efficiency should be married with the fact that an expansive effort was made in policy development. As a result, staff recommends that the PAC be limited to 9 members. • Understanding of General Plan goals and policies • Strong familiarity with zoning code development and application (Planning & Zoning Commission member etc.) • Understanding of site design principles (Development Review Board etc.) • Experience with environmental opportunities and constraints (Coalition for Sonoran Desert Protection— Carolyn Campbell etc.) • Demonstrated ability to produce results /1 e' Rim TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of iii There are three essentials to produce a successful outcome: 1) first rate project management, and 2) meaningful public participation, and 3) a PAC that embodies the needs/guidelines above. To that end, the composition of this task force is proposed as follows: • 7 representatives appointed by Town Council (one per Town Council member) • 1 State Land Department Representative • 1 Development Representative with specific Oro Valley experience Staff requests that each Council person select one representative by considering the PAC composition guidelines. Individual Council appointments will be requested prior to the meeting—and an addendum report specifying candidates will be forthcoming for approval. Technical Advisory Committee (TAC) The TAC will be comprised of approximately 11 members, including Pima County staff, biologists, and other professionals with natural resources and planning expertise. The TAC's role is to provide technical guidance such as evaluating the fieldwork methodology. As a result, care has been taken to develop a list of professionals whose organization does not have a specific political agenda. Staff proposes including a representative from the following groups/specialties: • Arizona Game & Fish • University of Arizona Natural Resource Professional • Forest Service • State Parks Department • Conservation Biologist • Sonoran Institute • OV Parks &Recreation Department • OV Public Works Department • OV Water Utility • OV Planning • Pima County Staff with working knowledge of the Sonoran Desert Conservation Plan • Archeology Specialist on the Historic Preservation Commission Staff is in the process of contacting organization representatives. Many of the same experts involved with the Arroyo Grande Technical Advisory Group on wildlife linkage issues will be invited. A list with specific representatives will be included in the addendum report. 4, , :. , f S. ah S. More, Planning & Zoning Director 0 ..."(//vTdifkL2 J: •- Watson,,Assistant Town Manager 4. '('---44,(1..)4 I David Andre s, Town Manager Project Manager: Bayer Vella, Principal Planner F:\PROJECTS\ESLO\reports\TC PAC&TAC Review 3-4-09.doc , H FEB 2:78SPrir4;q7p34.1_4;-TOWN OF ORO VALLEY -Y COUNCIL COMMUNICATION MEETING DATE: March 4, 2009 TO: HONORABLE MAYOR& COUNCIL FROM: SARAH S. MORE, FAICP, PLANNING AND ZONING DIRECTOR SUBJECT: ADDENDUM: APPOINTMENT OF PUBLIC ADVISORY COMMITTEE MEMBERS FOR THE ENVIRONMENTALLY SENSITIVE LANDS ORDINANCE PROJECT Executive Summary The original staff report indicates the need for an addendum—with the names of all proposed Public Advisory Committee (PAC) and Technical Advisory Committee (TAC) members. Attached are exhibits indicating the proposed composition of each committee. Two items to note within the exhibits: • Exhibit A must be supplemented at the March 4 meeting to include an additional Town Councilperson representative. • To date, Carolyn Campbell has not confirmed TAC participation. Ms. Campbell requested appointment to the PAC. Staff requests that Town Council formally approve the composition of the PAC. Furthermore, the aim is to enable feedback regarding the TAC. uggested Motions: The Town Council may wish to consider one of the following motions: I move to [approve, approve with modifications, OR deny] the composition of the ESL Public Advisory Committee as indicated in Exhibit "A". f:. r / Acfriher, 4 Ad Ankigdategiv, feR. Sarah S. More, Plannin Zoning Director 0 / - ' ....":46_4,, J- • ne Watson, Assistant Town Manager I , iii ,4_i_pex__ ..."4--- A_ I .vi Andrews, Town Manager Attachments: Exhibit A: ESL Public Advisory Committee Exhibit B: ESL Technical Advisory Committee ~oj ect Managers: Bayer Vella, Principal Planner Karen Berchtold, Senior Planner F:\PROJECTS\ESLO\reports\TC PAC&TAC Review 3-4-09 Addendum Report.doc ■ ti • Exhibit A ESL Public Advisory Committee Name Sponsor Description Steve Solomon Mayor Loomis Town Council Member Doug McKee K.C. Carter Selection Kathie Schroeder Paula Abbott Steve Ta i l l i e Salette Latas Chet Oldakowski Bill Garner Bill Adler Al Kunish Don Chatfield Barry Gillespie Michele Muench Land Stakeholder State Land Department Mark Weinberg Development Stakeholder: Developer Representative Commercial and Residential with OV project Experience experience: Diamond Ventures Inc. • s r Exhibit B ESL Technical Advisory Committee Name Organization Relevant expertise John Windes Arizona Game & Fish Sonoran desert fauna, including threatened and endangered species Scott Richardson U.S. Forest Service Significant vegetation Sherry Ruther Pima County Development Sonoran Desert Services Conservation Plan Bill Shaw The University of Arizona, Riparian resources School of Natural Resources Lisa Haynes' University of Arizona, School of Habitat for bobcat and Natural Resources mountain lion To be assigned2 Historic Preservation Commission Archaeological and cultural resources Philip Pearthree Arizona Geological Survey Geomorphology of steep slopes and riparian areas; hillside species Janine Spencer Town of Marana(Coordinator of Sonoran desert wildlife Town's Habitat Conservation habitat planning and Plan) management; avian species Joe Andrews TOV Legal Dept. Legal analysis and Proposition 207 Paul Keesler TOV Public Works Engineering and grading standards James Gardner TOV Parks and Recreation Maintenance of Town's open space areas Phillip Saletta TOV Water Wellhead sites The following individual has been contacted but not yet confirmed: Carolyn Campbell Coalition for Sonoran Desert Conservation approaches (requested to be on Protection PAC) Will not be available for entire TAC schedule. 2 A representative will be selected at the March 9,2009,meeting of the Town of Oro Valley Historic Preservation Commission meeting. F:\PROJECTS\ESLO\TAC\ESL TAC table TC.doc . TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 4, 2009 fillor TO: HONORABLE MAYOR& COUNCIL FROM: Sarah More, Planning & Zoning Director SUBJECT: Appointment of Member to the Art Review Commission (ARC) EXECUTIVE SUMMARY: The Town Council will consider the appointment of one new member to fill a vacancy on the Art Review Commission (ARC). The Town Council recently approved the Art Review Commission's bylaws, which increased the number from five to seven members. Three new members were recently appointed at the December 17, 2008, Town Council meeting. Per new code requirements, a GOVAC representative has been submitted for appointment. PUBLIC NOTIC: The process to seek and interview candidates is as follows: • Advertisements in the NW Explorer and Town website. • Application submittal period of one month. • Interviews were organized by the Town Clerk's office. korA review panel comprised of Al Kunisch, the Town Council liaison to ARC; Steve Hagedorn, the chair of ARC; and a Planning Department representative. • The recommendations for Town Council approval are based on Town criteria, application material, and results of the interview. BACKGROUND: The following is a summary of the ARC members: Existing Steve Hagedorn, Chair Jean Honn, Vice Chair Shirley Dornberg Recently appointed on December 17, 2008 Andrea Fowler Zev Cywan Matt Moutafis Proposed member Gail Munden, GOVAC representative T the future, the Town Council may consider revising the board and commission member appointment process. its will be further discussed by the Council and may affect the membership of the existing/proposed members row of the ARC. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 %oil) SUGGESTED MOTIONS: The Town Council may wish to consider the following motion: I move to appoint a new member to the Art Review Commission, as indicated above, for [two year OR six month] terms commencing March 4, 2009 — July 31, 2009. Attachment: New Member Application cc: Project Manager: David Ronquillo, Senior Planner 11. L.4.4 • "41‘.‘, Sara a '. More, Planning & Zoning Director Ne' te3/4.4,Je - Watson, A istant flown Manager David Andrews, Town Manager ,4401) Nail) F:\Admin PZ\Art Review Committee\ARC\ARCvacanciesTCreport2009.doc OA 1):......411:.. :K:-'' C' - N, 71 (91,,,.-. ..:i V x si, '!s 72 ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference. Information reflecting the procedures surrounding the appointment process to Boards is also attached_ Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Cleric's Office, 11,000 North La Canada Drive,Oro Valley,Arizona 85737. t Name IVL,0J 0 e-ii GIA1L— Last First Middle Street City Stat: Zip hone - - --5556Business phone. Email (. )' --- Number of Ye in Oro Valley (Must be a resident of the Town for l year.) Al,,,Ii\i Ey\E-D 1—c,; SiF1t-K Signature l t.. -L.,.-� Date b C.3 C1 Please indicate the board or commission you wish to join: Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have sere : boars/commission,civic,educational,cultural,social etc_) - . , TE-V---- b I Li_ t Ai-Li 3 CWA)cL- 1OAkD C Piecit c 20c \N) ' t �' isa Ori VALLE f 0 CJL 6L c - Vs at Aa - FA LYA D- 1.) Vo ) , a b 12_ 0 I:: Ti--1 e; G -- - ,2 c'0 How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. i EP-- A ac 1-kAAF\I-I— HaveY ou attended the Citizens Planning Institute? WO Are you willing to attend? �=� 1/ - Briefly describe your educational/vocational background. AtTA(-;'-4 IA E-N \ IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforovalley.com 4/18/06 ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION ATTACHMENT For Gail. S Menden Ned Preparation for ARC Politically prepared because as a very active volunteer for GOVAC I have come to know the founders of this very small paradise called Oro Valley. I have a vision for scholarships. As a designer of subdivisions, dog and horse training facilities I have been before the Board of Adjustments and Development Review Boards many times and have written Covenants Conditions and Restrictions, Homeowner's Association rules and design studies and engineering reports. I have had years of complying with authorities from local to state to FEMA and EPA. I have civil, architectural and structural design experience. Currently photographing the public artwork,capital improvement artwork and youth project artwork for a book for GOVAC. Also and including activities of GOVAC and the history of Oro Valley's vision for a thriving artistic community and some of the people and businesses that support this vision. In this process I have become very familiar with the artwork and the artists that have produced it. I have been through the OV files,twice, rounding up artist info and have `googled' and web browsed more knowledge of the artists and their work than probably anyone. I know all the problems, damages that exist; have photos of all of it. Educational Background 6 years of college majoring in Art History, Life Drawing, Painting, Ceramics, Creative Writing and Social Welfare Louisville School of Art University of Louisville Jefferson Community College, Louisville, KY Pima Community College Northland Pioneer College, Show Low, AZ Will never quit attending classes and want to take web page design and sculpture in the fall. Taking a plein air workshop in April. Vocational Background 15 years, starting as a draftsperson for an aerial mapping company to civil designer, designing subdivisions, dog and horse training facilities, wells, ejector pumps, metal buildings in Arizona and Texas. Owned Munden Civil Engineering in Flagstaff and Show Low Arizona before moving to Tucson for son's medical reasons (altitude). • TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 4, 2009 TO: HONORABLE MAYOR& COUNCIL FROM: Sarah More, Planning &Zoning Director SUBJECT: Appointment of a Member to the Development Review Board (DRB) EXECUTIVE SUMMARY The Town Council will consider the appointment of one new member to fill a vacancy on the Development Review Board(DRB). The vacancy is a result of Ms. Mary Caswell's resignation. PROCESS The process to seek and interview candidates is as follows: • Advertisements in the NW Explorer and Town website. • Application submittal period of one month. • Interviews were organized by the Town Clerk's office. • In accord with current Town Policy, a review panel was utilized. It included the following representatives: Al Kunisch, Town Council liaison, Tom Gribb, DRB Chair; and Bayer Vella, AICP, Planning Department representative. • Recommendations for Town Council approval are based on Town criteria, application material, and results of the interview. (ibrECOMMENDATION The Town received five qualified applicants for the position. Each was interviewed by the review panel. In discussion of the applications and interview results, the panel was primarily focused on choosing a candidate with an underrepresented skill and/or perspective to the Board. It was noted that existing Board member experience includes: Membership on Homeowner's Association Boards (4) Professional Engineering (2)—Not development related Professional Mediation (1) Development experience (1) Of the five candidates, Mr. Eugene Wowk, who has been an Oro Valley resident for 7 years, brings a unique perspective and skill with 14 years of architecture experience. He currently owns an architecture firm that has been operating for 6 years. Such design experience would be beneficial in review of commercial and residential architectural elevations that are subject to Board approval. As a result, the panel recommends appointment of Mr. Wowk. The Town Council is considering revising the board and commission member appointment process. For this reason, a term end of July 31, 2009 is recommended. SUGGESTED MOTIONS: The Town Council may wish to consider the following motion: I move to appoint Mr. Eugene Wowk to the tor evelopment Review Board for a term commencing March 4, 2009 and subject to reappointment on July 31, 2009. F:\Admin PZ\Development Review Board\DRBvacancyTCreport 3-4-2009.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of Attachments: Application / / Al / I 1 - i 1 iir Sar. . More, Planning & Zoning Director 2244' / y _ .,- gip..-_. Jere , atson, Assistant Town Manager .4A4t•I' fr„,,,„"„ David Andrews, Town Manager • F:\Admin PZ\Development Review Board\DRBvacancyTCreport 3-4-2009.doc ry 4pilv ��ee F Mti . 7T9k12:39 TOV v;:;.., Ai ✓ Wy�;-:"'"'""°:".1410.!:1- ORO (01 VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference. Information reflecting the procedures surrounding the appointment process to Boards is also attached. Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office, 11,000 North La Canada Drive,Oro Valley,Arizona 85737. Name Wovv Last First Middle Address ) e.(7 VA g Si 55 Street City State Zip Home Phone Number of Years in Oro Valley 7 (Must be a resident of the Town for 1 year.) S;nature Date 12./ c/0‘ililE5 se indicate the board or commission you wish to join: l7 EV LQ PM E'.? Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served:(board/commission,civic,educational,cultural, social,etc.) How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. t--VA Have you attended the Citizens Planning Institute? L(€S Are you willing to attend? Briefly describe your educational/vocational background. TiaJo 1e% rs c k +11e U o$ Api z cc. CeleAtUt-- 'Stu CvC5 g p\.c-H TC-4--T L . E-, c)ATC l Tr% -1-6c-lrtNtC Pcc.._ uJ5TI TUT6 t LO MPV G X1/410E0 0f-AFT1 . 14- 4.6A-ts �- Q . OW 441_ 0 c ACJ AQ.C-tl i-r6GTU 2 c f Q.11V FOR_ 46AQ.,S, IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforoval ley.com 4/18/06 . . TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 4, 2009 klior TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: APPOINTMENT OF TOM BUSH AS ORO VALLEY'S REPRESENTATIVE TO THE COMMITTEE ON ACCOUNTABILITY FOR REGIONAL TRANSPORTATION SUMMARY: At the request of Mayor Loomis, Tom Bush has agreed to serve as Oro Valley's representative to the Committee on Accountability for Regional Transportation. Mr. Bush replaces General John Wickham US Army (Retired) who has resigned from this committee. SUGGESTED MOTION: I MOVE to appoint Tom Bush to serve as Oro Valley's representative to the Committee on Accountability for Regional Transportation. A TTACHMENTS: Livr. 1. Application submitted by Mr. Tom Bush. . ' (re4,4-ii,t,&ri- Kat n Cuvelier, Town Clerk ZD .. Ara (.1"NtAiledvit--- David Andrews, Town Manager ' RESUBMITTED FOR COMMITTEE ON FEB 2?'@9cii8:I4 IOU .) Ja0J ACCOUNTABILITY FOR REGIONAL TRANSPORTATION ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference. Information reflecting the procedures surrounding the appointment process to Boards is also attached. Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience.We thank you kindly for volunteering to serve the Town. Please note:No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to: Town Clerk's Office, 11,000 North La Canada Drive, Oro Valley, AZ 85737 Name [Last First Middle]: BUSH, THOMAS HAROLD Address [Street City State Zip]: ORO VALLEY, AZ 85737 Home Phone: 742-9577 Business Phone: None Email: homeaz@comcast.net Number of Years in Oro Valley: 15 years a resident Signature '6Date — Ob' Q Please indicate the board or commission you wish to join: BOARD OF ADJUSTMENT Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served: (board/commission, civic, educational, cultural, social, etc.): • Coyote Run Task Force which created the transportation service. • 2020 General Plan Development Committee. • Oro Valley and Disability representative to the Regional Transportation Authority Citizens Committee. • Founding Member, Board of Directors, Linkages-Tucson. • Member of the Citizens Planning Committee for the RTA Grant Road Project—the largest, most controversial RTA project. How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying: • Nurtured ability to listen and understand competing points of view, discern the facts, and to decide accordingly. • Reconciled many issues between differing transportation priorities to produce a plan that achieved voter approval. • Issue: Oracle-Tangerine shopping center. Have you attended the Citizens Planning Institute? YES Briefly describe your educational/vocational background: • Graduated: Rutgers University, New Brunswick, N.J., Industrial Engineer, June 1964. • 1964 to 1993: Executive manager within New Jersey state government responsible for management systems development, facilities planning, construction and lease-purchase, statewide director of facilities design, construction and maintenance, responsible for the implementation of the Americans 1100, with Disabilities Act(ADA)within N.J. state government and ADA advisory consultant to county and local governments. • 1994 to 2004: Planned, developed and managed the national Muscular Dystrophy Association(MDA) website. • 2004: Retired. . i TOWN OF ORO VALLEY Page 1 of 4 COUNCIL COMMUNICATION MEETING DATE: MARCH 4, 2009 TO: HONORABLE MAYOR AND COUNCIL FROM: STACEY LEMOS, FINANCE DIRECTOR SUBJECT: DISCUSSION AND POSSIBLE ACTION TO EXTEND THE TOWN OF ORO VALLEY'S 2% SALES TAX ON ELECTRICITY, NATURAL GAS AND WATER UTILITY SERVICES SUMMARY The Town's current 2% sales tax on electricity, natural gas and water utility services was enacted by the Town Council on December 6, 2006 and became effective April 1, 2007. The adopted Ordinance (0)06-23 as shown in Exhibit A included a two-year sunset clause on this tax as follows: "On second anniversary of the effective date (i.e. April 1, 2009), the utility services sales tax enacted through this Ordinance shall terminate and the amendments to the Town of Oro Valley Tax Code set forth in Section 1 and Section 2 shall be repealed by operation of law unless extended by a majority vote of the Council prior to that date." This 2% tax is applied to the utility bills of those Oro Valley residents and businesses who receive rater services from the City of Tucson, Metropolitan Water Company, and the Oro Valley Water motility. In the case of electricity services, this tax is applied to the bills of Oro Valley residents and businesses served by Tucson Electric Power Company; and in the case of natural gas, this tax is applied to the bills of Oro Valley residents and businesses served by Southwest Gas. On an annual basis, the utility sales tax generates approximately $1.2 million for the General Fund, and was originally approved to fund 18.5 new positions that were added to the FY 2006/07 General Fund budget to enhance desired service levels at the time. At the time the tax was enacted, a recommendation was also made to the Town Council by the Town's Finance and Bond Committee that if the utility tax were adopted, that it be revisited every few years as new commercial retail centers were developed and whether potential annexation plans were realized to determine the continuing need for the tax. This was the reasoning behind inclusion of the two-year sunset clause in the Ordinance. FINANCIAL SUSTAINABILITY FOR FY 2009/10 AND BEYOND Budget projections recently presented to the Town Council indicate that the Town is facing a projected $5.2 million revenue shortfall in the General and Highway Fund budgets for FY 2009/10. The primary causes of the projected revenue shortfall include the following factors: • Sunset of the 2% utility sales tax on April 1, 2009 - $1.2 million revenue loss • Decrease in construction activity - $1.0 million revenue loss TOWN OF ORO VALLEY Page 2 of 4 COUNCIL COMMUNICATION MEETING DATE: MARCH 4, 2009 • Decrease in state shared revenues due to the decline in the State's economy - $1.2 million revenue loss • Local recessionary economy In order to close the projected budget deficit for FY 09/10, a combination of staffing reductions, department reorganizations, expenditure cuts and revenue options is being recommended by the Town Manager as preliminary action which will be discussed in further detail on another agenda item slated for this evening's meeting: • Organizational Restructuring/Reduction-in-Force Plan — Net Savings $1.5 M • Use of Bed Tax Revenues .6 M • Renewal of 2% Utility Sales Tax 1.2 M • Reduction in Operations & Maintenance Expenditures .3 M • Deferral of Vehicles & Equipment and Capital Expenditures .7 M • One-time Expenditures .5 M • Contingency — U.S. Department of Justice COPS Grant .4 M Total Savings/Revenue Recommendations $5.2 M Exhibit B attached is a chart outlining the portion that the various revenue categories comprise in th' General Fund. The totals shown are year-end estimated actual revenue totals for the current FY 2008/09. As you can see, 85% of the Town's revenue in the General Fund, the main operating fund of the Town, is derived from local sales taxes and state shared revenues. Of that portion of local sales taxes that the Town receives, almost 70% is derived from retail sales taxes and construction sales taxes, both very economically sensitive revenue sources in these times. The 2% utility sales tax is one example of a stable, sustainable recurring revenue source that is projected to increase over time since it is based on new growth and utility service rate structures. RECOMMENDATION FROM TOWN FINANCE AND BOND COMMITTEE The Town's Finance and Bond Committee held a special meeting on February 23, 2009 to discuss and take action on a recommendation to the Town Council for the possible renewal of the 2% utility sales tax. Two formal recommendations to the Town Council arose from this meeting as follows: 1. The Committee members first voted to recommend that the Town Council consider the option of using up to 117th of the beginning of the year FY 2009/10 cash reserves/fund balance in both the General Fund and the Highway Fund as a means toward closing the projected $5.2 million budget deficit in those funds in FY 2009/10. In the General Fund, this would equate to 1/7th of the projected FY 2009/10 beginning fund balance of $14.5 million, or $2.1 million. In the Highway Fund, this would equate to 1/7th of the projected FY 2009/10 beginning fund balance of $3.9 million, or $557,000. The Committee TOWN OF ORO VALLEY Page 3 of 4 COUNCIL COMMUNICATION MEETING DATE: MARCH 4, 2009 members felt that this current economic recession could be categorized in a like manner as an unforeseen emergency with the resulting projections of drastic revenue shortfalls, and that the Town Council should revisit its policy on use of contingency reserves to allow for this type of use. Staff recommends that if the Council wishes to discuss this further, that it be a separate agenda topic at a future Council meeting or budget work session. 2. With regard to the renewal of the utility tax, the Committee members voted to recommend that the Town Council temporarily renew the Town's current 2% utility tax prior to the sunset date of April 1, 2009, with the renewal duration set at a date certain far enough in the future to allow for completion and Town Council consideration of a de novo examination of all existing and potential revenue sources. The full body of the approved motion is attached as Exhibit C. The Committee members felt that it is an opportune time to take a new look at the Town's revenue sources and evaluate what is the best mix of revenue sources for the Town and provide such a future recommendation to the Town Council if this is desired. FISCAL IMPACT: To the Town General Fund —4 renewed, the 2% utility sales tax on natural gas, electricity and water services is expected to generate approximately $1.2 million during FY 2009/10. The renewal of this revenue source is one piece of the Town Manager's recommended actions to be taken to close the projected $5.2 million budget deficit for next fiscal year. Should the Council choose to deny renewal of this tax, identification of other revenue sources or additional budget cuts in the amount of $1 .2 million would be required. To Town Residents The cost impact per household would vary based on consumption, however, it is estimated that the average monthly cost per household would be approximately $4.80. This estimate is based on an average electric/gas bill of $200 per month and an average water bill of $40 per month. ATTACHMENTS: 1. EXHIBIT A — Ordinance (0)06-23 Adopting the 2% Utility Services Tax, Approved by Town Council on December 6, 2006 2. EXHIBIT B — General Fund FY 2008/09 Revenue Estimates 3. EXHIBIT C — Finance and Bond Committee Motion Recommending Renewal of the 2% Utility Sales Tax, Approved February 23, 2009 rl TOWN OF ORO VALLEY Page 4 of 4 COUNCIL COMMUNICATION MEETING DATE: MARCH 4, 200° SUGGESTED MOTION: I move to approve/deny renewal of the Town's current 2% utility sales tax on water, natural gas and electricity services. Or I move... /// ti 41',/1Le L_ Stacey Lenl , Finance Director David Andrews, Town Manager EXHIBIT A ORDINANCE NO. (0)06-__23___ AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING THE TAX CODE OF THE TOWN OF ORO VALLEY, ARTICLE IV, CHAPTER SA, SECTION 480, RELATING TO THE UTILITY SERVICES TAX RATE AND REPEALING ALL RESOLUTIONS, ORDINANCES, AM) RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE.ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER WHEREAS, Arizona cities and towns have the authority to levy taxes under ARS § 9- 240(3)(26); and WHEREAS, on July 13, 1988, the Town of Oro Valley adopted the Model City Tax Code ("Code")pursuant to Arizona law;and WHEREAS, amendments to the Code are required to be made in accordance with ARS § 42- 6054;and WHEREAS, on December 4, 2002, the Mayor and Town Council (the "Council") directed the Oro Valley Budget and Bond Committee (the "Committee") to develop a proposed Town Revenue Plan("Plan"); and WHEREAS,in a joint Study Session between the Council and the Committee held on March 24, 2003,the Committee presented an initial draft of the Plan to Council; and WHEREAS, in a further joint Study Session between the Council and the Committee held on August 18, 2003, the Council directed the Committee to develop a Prioritized list of local sales and use taxes for future Council consideration based on the Plan; and WHEREAS,at the meeting of September 9, 2003, the Committee developed a prioritized list of local sales and use taxes for future Council consideration based on the Plan; and WHEREAS,the Committee held meetings on September 29, 2003,January 7,2004,January 26, 2004,April 26,2004,March 21,2005,April 25, 2005 and May 23, 2005 in an effort to refine the prioritized list;and WHEREAS, the Committee re-recommended on May 31, 2006 that the Town Council implement a sales tax on utility services to provide funding for public safety staffing and other critical staffing needs of the Town; recreation needs at the Naranja Town Site; and to mitigate current and future draw-downs on the General Fund's fund balance; 11111, GWOUNCILlOrdaseaceCtihtziftlx Cade Argsidment CI?witb Sunset doc Office of the Oro Valley Tows Attorney/CIA 061405 _. . •• s -._.._„ t'.-.... _ .. •;••.=:f..- __ - _mac... ._ J••v _ u - is WHEREAS, it is in the best interest of the Town that the Council adopt the recommendations of the Committee by instituting taxes on utility services in order to diversify the Town's revenue stream and seek sustainable revenue sources that will serve to further stabilize the Town's General Fund and strengthen the Town's financial structure; and WHEREAS, it is also in the best interest of the Town for the Council to periodically reconsider such utility services sales tax in order to determine the continuing need and justification for the tax; NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona that the certain document,known as "The Tax Code of the Town of Oro Valley, Arizona,"is hereby amended as follows: SECTION 1. Section 8A-480 (a) of the Tax Code of the Town of Ow Valley is amended as follows, with additions being shown in ALL CAPS and deletions being shown in (a) The tax rate shall be at an amount equal to Zef0 TWO percent (0 2%) of the gross income from the business activity upon every person engaging or continuing in the business of producing, providing, or furnishing utility services, including electricity, electric lights, current, power, gas (natural or artificial), or water to: SECTION 2. Amend the Town of Oro Valley Tax Code, adopting Local Option ##06, Tax municipal utility services to out-of-City customers where such service is not subject to an "equivalent excise tax". Replace Section 8-480(a)(2)(Reserved)with the following: (2)consumers or ratepayers of this City,whether within the City or without,to the extent that this City provides such persons utility services, excluding consumers or ratepayers who are residents of another city or town which levies an equivalent excise tax upon this City for providing such utility services to such persons. SECTION 3. Council hereby directs that the revenue resulting from this amendment to the Tax Code of the Town of Oro Valley shall be used as part of the total revenues necessary to meet annual town budgets, including the FY 24{)6-2007 budget, in order to provide funding for public safety and other critical staffing needs, and for capital improvement projects, and to mitigate current and future draw-downs on the balance of the Town's General Fund. SECTION 4. Pursuant to ARS §41-1346,the Town shall maintain efficient record management for local public records and it has been determined that this Ordinance is a public record with three copies of said Ordinance to remain on file in the office of the Town Clerk. SECTION 5. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. GiCOUNCID.OrdisaoelUdlinTax Code Ammacimeal(2)with 3u..&boc Omct of tk Oro Vaiky Tbn.o AttamoylCIA 061445 SECTION 6. If any section, subsection, sentence, clause for any reason held to be invalid , phrase or portion of this Ordinance is or unconstitutional bythe decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 7, Effective Date. This Ordinance shall not be effective April until I, 2007, so that the Arizona Department of Revenue will have time torocess Ordinance P and implement the terms of this SECTION 8, Sunset Clause. On second anniversaryof theutility sales Effective Date, the utility services tax enacted through this Ordinance shall terminate and the amendments to ValleyTax Code set the Town of Oro forth in Section 1 and Section 2, above, shall be repealed by law unless extended bya majority p operation of rity vote of the Council prior to that date. PASSED AND ADOPTED by Mayor and Town Council, the Town this dth day of Oro Valley, Arizona, �.�,. of_December 2006. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: - APPROVED AS TO FORM: r, E. Cuveller, Town Clem M- mda G. r."Town Attorney PURL IS$: DAILY TERRITORIAL DECKER 14, 15, 18, 19, 2006 POSTED= DECEMBER 12 - JANUARY 11, 2007 RC G:NOOUNC LKIrdinascelU dli f Coc Am/admeat(2)ait S�sel doc Office of ac oto Witty Tows. ayKu 061405 -:, , ... .,7, c0 . I I $ N: 1 1--. ,,,:s, . N, a r63 B 0 a g . . , VI' ;03 . . U , ,, (0C,, 1t) I , , � ,..„ ; 8, ,.„.W 134 .1 2 co tif,..''',7,, i:.!;:',11,1,14.'::. 1,.) ci fal;; s:'.:-. . :: .Ii,''''' 69 Q N , td co(1) e ... I 8E01 4—) _, I 1 I E g co .. „co. 0 1 c� II 2 oi of, :::;1 Cl) M 1 .i I 8 I I, ) .11::3 (i) 1 ,": I x I I I iii , :.., 1— 2 I ° I .,, , 1 _ a 0 I = cu , I A w I I'-, ')-, - N I Um= C '- I I v"" I RS " I OI I (I) - J mom= > ' '. 1 I i I I 1 '41111, ra (I) '. ::',H 1 L.. C:e H':,..E I 1 iqr , (L) (31 *� I •. I 1 C CD , I , ,,,,(3) ! .. .. S ,,,OC) ' ''', I (..9 CD „ • 0 „ ,, , r\I ' ' ' N >II” - ':. N. M . IL. ''. ''''. t_) o ta a) co ct5 d- k' 1, N •� 00 O cu co u) ii9- N •o E4=1 co c L , o '.� a)-. a) i OC E cm3 E o L U cu :,..1 U i EXHIBIT C Whereas, the Finance and Bond Committee believes that while the budgetary outlook is indeed challenging, it also represents an opportunity to take a fresh look at Town revenues and expenditures; and Whereas, a de novo examination of all existing and potential revenue sources should be undertaken with the goal of coming up with that mix most likely to achieve stable and sustainable revenue streams, equity, a business-friendly climate, and an aggregate revenue level matching citizens' aspirations for Town- provided services. I therefore move to recommend that the Town Council temporarily renew the Town's current 2% utility sales tax prior to the sunset date of April 1, 2009, with the renewal duration set at a date certain far enough in the future to allow for completion and Town Council consideration of a de novo examination of all existing and potential revenue sources. TOWN OF ORO VALLEY TOWN COUNCIL COMMUNICATION MEETING DATE: MARCH 4, 2009 0: HONORABLE MAYOR AND COUNCIL FROM: Sarah S. More, Planning and Zoning Director SUBJECT: Public Hearing, Ordinance (0) 09- 02 , OV3-08-11, Effective Signs representing Innovation Corporate Center, LLC., requests approval of a PAD Exemption for Innovation Corporate Center East, Lots 1-6, Rancho Vistoso Neighborhood 3, Innovation Corporate Center-East, located NE of the intersection of Innovation Park Drive and Tangerine Road. EXECUTIVE SUMMARY OF APPLICATION: The site currently consists of several completed office buildings with more planned within the development. The applicant's proposal is for an exemption from the sign standards of the Rancho Vistoso Planned Area Development(PAD). Other PAD Exemptions for signs have been granted in the area, including Ventana Medical, Oro Valley Hospital, and Oro Valley Marketplace. The exemption would enable construction of two 42 square foot monument signs and two 31 square foot directory signs. The design of the monument signs is different from other monument signs within Rancho Vistoso; however, it includes elements such as Vistoso Stone. Currently, Rancho Vistoso does not have a design for a directory sign. DEVELOPMENT REVIEW BOARD ACTION: 4111111At their regularly scheduled meeting on January 13, 2009, the Development Review Board (DRB)voted(4-0) to recommend that Town Council approve the requested exemption from the Rancho Vistoso Sign Standards. One citizen voiced opposition to the proposal because it lacked consistency within Rancho Vistoso PAD. The citizen was also opposed to the freestanding sign being illuminated. BACKGROUND: Nature of Application: The applicant is requesting exemption from the sign standards of the Rancho Vistoso PAD,which is enabled by OVZCR Chapter 28.2.C. Please see the attached applicant's letter of request. The aim is to utilize the Oro Valley Zoning Code Revised (OVZCR) standards. In terms of process, the (DRB) must review an exemption request and forward its recommendation to Town Council. Town Council makes the final determination. Current Site Conditions: The site has been graded into individual building pads and roads have been installed. A few buildings have been completed, and several others are in the process of obtaining building permits and certificates of occupancy. Overview of Site Improvements: • Lots 1 & 2: Zoned C-1; 12 office buildings, totaling 100,000 square feet. 11 one-story buildings with a maximum allowable building height of 34'. Office 12 will be one or two story. Lot 1 will be platted as office condominiums. TOWN OF ORO VALLEY TOWN COUNCIL COMMUNICATION, OV3-08-11 Page 2 • Lots 3 - 6: Zoned CPI,the maximum allowable building height is 36' and three stories. The development of each parcel will require a separate Development Plan, Landscape Plan, and architecture review. • Multiple tenants are anticipated, including medical offices and related or complimentary uses. Approvals to Date • On November 14,2006,the DRB approved the architecture and landscape plans for Innovation Corporate Center. • On December 20, 2006,the Town Council approved the development plan for Innovation Corporate Center. • On October 13, 2008,the Vistoso Community Association approved a revision to the Vistoso PAD Sign Standards for Innovation Corporate Center. • On January 13, 2009,the DRB voted(4-0)to recommend that Town Council approve a PAD exemption for Innovation Corporate Center. The DRB also voted(4-0)to conditionally approve a sign criteria for this center. The Rancho Vistoso PAD Sign Standards were created and adopted in the late 1980's. Over time, several PAD exemptions have been granted by Town Council. The Rancho Vistoso PAD Sign Standards were created and adopted in the late 1980's. Since that time, Town Council has granted the following PAD Exemptions: • Ventana Medical Systems approved in 2002 IN) • Northwest Hospital approved in 2003 • Innovation Park Monument approved in 2005 • Oro Valley Marketplace approved in 2006 Surrounding Land Uses Orientation Rancho Vistoso PAD Zoning Land Use North CPI Vacant parcels South CPI Vacant parcels East CPI Vacant parcels West Hospital Northwest Medical Center-Oro Valley OVZCR AND PAD ANALYSIS The applicant requests approval to use the signage options specified within OVZCR Chapter 28, which enables more types of signs, larger sizes, and greater flexibility. The following is a synopsis of standards within the Rancho Vistoso PAD: I. Walls Signs: o The sign area shall not occupy more than 10%of the frontage wall area o Prohibits the use of white faces o Internal and white halo illumination is permittedNoi) TOWN OF ORO VALLEY TOWN COUNCIL COMMUNICATION, OV3-08-11 Page 3 II. Freestanding Signs: o No tenant panels permitted o Rectangular Monolith structure mounted on 2 feet of red sandstone veneer base o Maximum height is 8 feet o Internal and white halo illumination is permitted III. Entry-way Signs: o Concave (bowed in) shape o No tenant panels o Materials: Brushed Brass, Brushed Copper, and/or Copper Patina o Single line of copy IV. Vehicle Directional Signs: o Established shape and style o Dimensions: 8' in height by 6' in width by 1' deep o Colors: Tan (Dunn Edwards PC 2490) Green (Dunn Edwards 425 U1/Jewel) Maroon (Frazee (AC 117N/French Red) The following is a summary of the applicant's proposed freestanding and directory signs: • Freestanding Signs o Two signs, one at each entrance, 7' in height x 21' in length o Faux rust background o Vistoso stone and slump block o White routed letters o LED internal illumination • Directory Signs o Two signs located inside the development o Non illuminated o 4 feet 10 inches in height, 6 feet 4 inches in length o Vistoso Stone The applicant's proposal to use the OVZCR would result in a combined use of the Rancho Vistoso PAD materials and integrate some of the materials from the surrounding buildings, providing a unique look for this corporate center and allowing flexibility for the tenant signs. The OVZCR has been modified over the years in an attempt to address expectations and tenant signage requirements; whereas the Rancho Vistoso PAD has not been modified. As previously mentioned, several PAD Exemptions have been granted in this area. Retail centers that currently follow the Rancho Vistoso PAD Sign Standard are the Safeway Center (Northeast corner of Rancho Vistoso Boulevard and Tangerine Road) and the Rancho Vistoso Center (Northwest corner of Rancho Vistoso Boulevard and Oracle Road). Each of these centers has a single anchor tenant with a few national tenants as well as small shop tenants. PUBLIC NOTICE AND COMMENT Notices have been sent to all home owner associations within the area. With the exception of a citizen's 44.0„nments at the DRB meeting, staff has not received any comments from neighbors or concerned residents egarding the applicant's proposal. TOWN OF ORO VALLEY TOWN COUNCIL COMMUNICATION, OV3-08-11 Page 4 SUMMARY OF FACTORS Nod Findings in Favor 1) The Rancho Vistoso PAD sign standards do not adequately address the needs of corporate centers of this magnitude 2) The PAD criteria have not been updated and reflect 1987 trends 3) The OVZCR Standards better reflect current community values and development needs 4) Use of OVZCR Standards will enable development of a specific identity for Innovation Corporate Center 5) Vistoso Community Association approval 6) DRB recommendation that Town Council approve the PAD Exemption Findings Against 1) Use of the OVZCR is a departure from the PAD's intent to create uniform signage throughout Rancho Vistoso 2) One citizen's concern that the exemption deviates from the PAD design standards SUGGESTED MOTIONS: The Town Council may wish to consider one of the following suggested motions: I move to [approve, approve with conditions, OR deny] Ordinance (0) 09- 02, OV3-08-11, Effective Signs representing Innovation Corporate Center, LLC.,requests approval of a PAD Exemption for Innovation Corporate Center East, Lots 1-6, Rancho Vistoso Neighborhood 3, Innovation Corporate Center-East, located NE of the intersection of Innovation Park Drive and Tangerine Road. Attachments: 1. Ordinance (0)09- 02 2. Applicant's Proposal 3. January 13,2009 DRB Draft Minutes Project Manager: Jonathan Lew,Planning Technician C: Steve French,Applicant, frenchazl@aol.com File Sarah S. More, Planning and Zoning Director 4f 'Itet �. Je -ne Watson, Assistant Town Manager Cf-41,A..--- F:\OV\OV3\2008\OV3-08-011\TC Report.doc David Andrews, Town Manager ORDINANCE NO. (0) 09- 02 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, TO EXEMPT INNOVATION CORPORATE CENTER-EAST, LOCATED ON LOTS 1 THROUGH 6, RANCHO VISTOSO NEIGHBORHOOD THREE, FROM THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT SIGN GUIDELINES AND TO HAVE THAT DEVELOPMENT BE REGULATED UNDER THE ORO VALLEY ZONING CODE REVISED, CHAPTER 28, SIGNS WHEREAS, on March 13, 1981, the Mayor and Council approved Ordinance (0) 81-58, which adopted that certain document entitled "Oro Valley Zoning Code Revised" (OVZCR); and WHEREAS, the Rancho Vistoso Planned Area Development (PAD) was adopted by the Town Council on July 29, 1987; and WHEREAS, Section 28.2(c), OVZCR, provides for an exemption from PAD sign requirements upon a property owner's request and approval by Town Council; and WHEREAS, on January 13, 2009, at a duly noticed public hearing, the Development Review Board (DRB) considered the PAD Sign Guideline Exemption (0V3-08-11) request for Innovation Corporate Center-East, located on Lots 1-6, Rancho Vistoso Neighborhood 3, located northeast of the intersection of Innovation Park Drive and Tangerine Road, Parcel 223-02-021B, and voted unanimously to recommend approval to the Town Council; and WHEREAS, the Oro Valley Town Council has considered the requested PAD Sign Guideline Exemption and DRB's recommendation for approval at a duly noticed public hearing and finds it is consistent with the Town's General Plan and Oro Valley Zoning Code Revised. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona, that: SECTION 1. The Rancho Vistoso PAD Sign Guidelines be amended by designating Innovation Corporate Center-East, located northeast of the intersection of Innovation Park Drive and Tangerine Road, Parcel 223-02-021 B, as exempt from the Rancho Vistoso Sign Guidelines. SECTION 2. Innovation Corporate Center-East, located northeast of the intersection of Innovation Park Drive and Tangerine Road, Parcel 223-02-021B, is regulated under chapter 28, Signs, of the Oro Valley Zoning Code Revised (OVZCR). SECTION 3. All Oro Valley ordinances, resolutions or motions and parts of ordinances, resolutions or motions of the Council in conflict with the provision of this Ordinance are hereby repealed. \\Legal\sharefiles\Planning&Zoning\Projects\RV Neighorhood 3 PAD Exemption Signs\Ordinance Exempting PAD Sign Guidelines.doc TOV Attorney's Office/sb/020309 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 Council of the Town of Oro Valley, Arizona, this 4th day of March , 2009. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date: Date: '•1100° Page 2 of 2 sl f' x, ..x w L 40 s ,.m,. —x•:ero �..-,axe.._..sa...-: .. .�.s. e .�.�•�^.• . \. :w F • c• To: The Members of the Oro Valley Town Council, Dear Sirs and Madam, Innovation Corporation Center, LLC is requesting a PAP Exemption for the freestanding sign located at1760 E. Innovation Park Drive in Oro Valley. We feel we need the exemption to stay in touch with the changing times and the look of the present day Innovation Park. The PAD sign EffECIIIVet regulations and design were formulated over twenty years ago and are dated. %pigmy Our new monument sign while not strictly RUN THE RISK OF BEING NOTICEDTm adhering to the letter of the regulations incorporates many of the aspects and • materials used in creating the FAD regulations. In effect, maintaining the intent of the FAD regulations. We use the same lighting, wall features and letter construction allowed in the PAD rp:T!lAtintia, intinvA _ivp. way clincg0r.ty, Stephen French 3938 E.GRANT RD #241 TUCSON,AZ 85712 Effective Signs PHONE:520.323.0665 15.44 5. Euclid Tucson, AZ FAX 520 323 6786 EMAIL FRENCHAZl@AOL COM WEBSITE:WWW.EFFECTIVESIGNSLTD.COM R-ffli STRATEGY • DESIGN MANUFACTURING • INSTALLATION . „. 1 ... , 11 , .....e .-7----. -...., .......... I rend aus am rt icim woo wicsamort4 mint 1[11 !I1111 1 1 I....... .....,..,,.. ..... 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Acting Chair Buette called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Jill Anderson, Member John Buette, Member Michael Schoeppach, Member Ray Shelton, Member EXCUSED: Tom Gribb, Chairman Mike Zinkin, Member PLEDGE OF ALLEGIANCE Acting Chair Buette led the audience in the Pledge of Allegiance. �•`- CALL TO THE AUDIENCE Opened and closed without comment. CONSENT AGENDA Acting Chair Buette moved the Consent Agenda to the Regular Agenda. REGULAR AGENDA A. Review and/or approval of the December 9, 2008, DRB minutes. Chairman Buette asked that a change be made on page three, Item 3, to read "In accordance to the bylaws, Chairman Gribb appointed Member Buette to Chair the DRB meeting in his absence. Member Schoeppach requested the motion of Item 2 reflect the Council Meeting date should be January 21st. In addition the motion should read "Member Schoeppach would draft and present the document to the Council at the council meeting on January 21st. MOTION: A motion was made by Member Schoeppach and seconded by Member Shelton to approve the DRB minutes with the noted changes. MOTION carried, 4-0. 1. Election of Vice Chair. MOTION: A motion was made by Member Shelton and seconded by Member Schoeppach to nominate Member Buette as the Vice Chair of the DRB. Member Buette stated that he will be leaving the DRB in June because of term limits and wanted the DRB to be aware of his limited time left on the DRB. MOTION carried, 3-1 with Member Buette opposed. 2. OV13-08-29, Kevin B. Howard Architects, representing Stonewest Developments, requests architectural approval of a clubhouse to be built within The Lofts at the Vistoso Town Center in close proximity to the Moore Road and Rancho Vistoso Boulevard intersection. If you have any questions about this matter, please contact Michael Spaeth, Planner, at (520) 229-4813 or mspaeth@orovalleyaz.gov. Kevin Howard, non-resident, presented the proposal. Michael Spaeth, OV Planner, presented the staff report. Mr. Spaeth stated the proposed use meets all General Plan, Rancho Vistoso PAD and the OVZCR. MOTION: A motion was made by Member Shelton and seconded by Member Anderson to approve OV13-08-29, Kevin B. Howard Architects, representing Stonewest Developments, requests architectural approval of a clubhouse to be built within The Lofts at the Vistoso Town Center in close proximity to the Moore Road and Rancho Vistoso Boulevard intersection. MOTION carried, 4-0. 3. 0V13-06-19C, David Malin, representing Vestar Development Company, on behalf of D'Arcy McGee's, requests approval of architecture for an approved building pad within the Oro Valley Marketplace located at the southwest intersection of Oracle and Tangerine Roads. If you have any questions about this matter, please contact Michael Spaeth, Planner, at (520) 229-4813 or mspaeth©orovalleyaz.gov. David Malin, non-resident, presented the Master Architectural Concept plan. Mr. Malin presented the revisions of the proposed storefront. Michael Spaeth, OV Planner, presented the staff report into the record. Mr. Spaeth requested a condition be added stating "the frosted vinyl application on the exterior windows shall not exceed 60% reflectivity value, per OVZCR." MOTION: A motion was made by Member Schoeppach and seconded by Member Shelton to approve OV13-06-19C, David Malin and Vestar Development company, on behalf of D'Arcy McGee's, request for approval of architecture within the Oro Valley Marketplace with conditions in Exhibit A and the added condition that the frosted vinyl application on the exterior window shall not exceed 60% reflectivity. MOTION carried, 4-0. 4. 0V12-04-30L, The WLB Group and Laskin and Associates, on behalf of Danny's Gourmet Market, request approval of a Development Plan and Landscape/Hardscape Plan for lot 26 of the Oro Valley Marketplace located at the southwest intersection of Oracle and Tangerine Roads. If you have any questions about this matter, please contact Michael Spaeth, Planner, at (520) 229-4813 or mspaeth@orovalleyaz.gov David Little, WLB Group, non-resident, Mr. Little presented the development plan proposal and stated the applicant agreed with all of the conditions in Exhibit A and B. Hardy Laskin, non-resident, Landscape Architect, presented the proposed landscape. David Griffin, non resident, presented the proposed architecture and solar study. Michael Spaeth, OV Planner, presented the staff report. Mr. Spaeth reviewed the following; Landscape/hardscape plan MACP Elevations Solar Study Mr. Spaeth stated the project meets the GP requirements and staff recommended approval with the conditions in Exhibit A. Doug McKee, OV resident, stated his concern for the lighting and the drive-thru and asked that the DRB make sure the lighting from this proposal does not make the current lighting any worse. MOTION: A motion was made by Member Shelton and seconded by Member Schoeppach to approve OV12-04-30L, Danny's Gourmet Market's represented by The WLB Group Inc., request development plan and landscape/hardscape plan approval with the conditions in Exhibit A and B. MOTION carried, 3-1 with Member Buette opposed. 5. OV13-08-21, Deutsch Architecture Group, on behalf of Danny's Gourmet Market, requests approval of architecture for an approved building pad within the Oro Valley Marketplace located at the southwest intersection of Oracle and Tangerine Roads. If you have any questions about this matter, please contact Michael Spaeth, Planner, at (520) 229-4813 or mspaeth©orovalleyaz.gov. MOTION: A motion was made by Member Anderson and seconded by Member Shelton to approve OV13-08-21 , Deutsch Architecture Group's, representing Danny's Gourmet Market, request for approval of architectural elevations for building pad 45 within the Oro Valley Marketplace subject to the conditions in Exhibit A. Member Shelton asked if the lighting proposal would have to come back to the DRB. Bayer Vella, OV Principal Planner stated review of lighting will be done as an administrative process and when the proposal meets code, a permit would be issued, in accordance with the law. Member Schoeppach asked how a resident would become involved in the process. Mr. Vella stated the Town would be willing to meet with the HOA. MOTION carried, 4-0. 6. 0V12-05-03B, Oro Valley Sunway LLC, represented by SBBL Architecture and Planning, requests approval of a development plan and landscape plan for the Homewood Suites hotel and retail/restaurant buildings, located within the El Corredor development in proximity to the northeast corner of Oracle Road and Linda Vista. If you have any questions about this matter, please contact David Ronquillo, Senior Planner, at (520) 229-4817 or dronquillo©orovalleyaz.gov. Thomas Sayler Brown, SBBL, non resident, presented the proposal and reviewed the location, development plan, existing elevation and proposed elevations. Erick Barrett, Landscape Architect presented the landscape proposal. David Ronquillo, OV Senior Planner, presented the staff report into the record. Mr. Ronquillo stated staff recommended approval of the development plan with the conditions in Exhibit A, in addition staff recommended approval of the landscape plan with the conditions in Exhibit A. Mr. Ronquillo submitted the revised elevations as Exhibit B. Joe Barr, OV resident, stated he liked the uses and the developer has incorporated the neighbor's concerns in his proposal. MOTION: A motion was made by Member Schoeppach and seconded by Member Anderson to approve OV12-05-03B, Applicant's request for a development plan and landscape plan for the Homewood Suites hotel and retail/restaurant buildings subject to the conditions in Exhibit A and Attachment 2. MOTION carried, 4-0. 7. OV13-08-34 Oro Valley Sunway LLC., represented by SBBL Architecture and Planning, requests approval of architectural elevations for the Homewood Suites hotel, located within the El Corredor development in proximity to the northeast corner of Oracle Road and Linda Vista. If you have any questions about this matter, please contact David Ronquillo, Senior Planner, at (520) 229-4817or dronquillo©orovalleyaz.gov. MOTION: A motion was made by Member Shelton and seconded by Member Schoeppach to approve OV13-08-34, Applicant's request for approval of architectural elevations for the Homewood Suites hotel located within the El Corredor Development subject to the conditions in Attachment 1, including Exhibits A and B. MOTION carried, 4-0. 8. Public Hearing, OV3-08-11, Effective Signs, representing Innovation Corporate Center, LLC, requests approval of a PAD Exemption for Innovation Corporate , . Center East, located on proposed Lots 1-6, Rancho Vistoso Nei hborhood 3, Innovation Corporate Center-East, located NE of the intersection of Innovation Park Drive and Tangerine Road, Parcel 223-02-021B. A PAD Exemption is requested because the proposed Freestanding and Directory signs do not match the Rancho Vistoso PAD Sign standards. If you have any questions or comments about this nnatter, please contact Jonathan Lew, Planning Technician, at (520) 229-4853 or at jlew©orovalleyaz.gov. Steven French, Effective Signs, non resident, presented the proposal. Jonathan Lew, OV Planning Technician presented the staff report into record. Mr. Lew stated staff recommended approval with no conditions. Doug McKee, OV resident, stated the signs are the biggest offenders of creating lighting offenses. This appears to replace a sign that had no lighting. Please be careful on granting an exception that would create unnecessary light. Mr. Shelton asked staff if the proposed sign replaces a sign that did not have light. Mr. Lew responded that this sign like the one previous, is allowed to have lighting. MOTION: A motion was made by Member Shelton and seconded by Member Anderson to recommend Town Council approve [)V3-O8-1 1` Effective Signs, representing Innovation Corporate Center, LLC. MOTION carried, 4-0. 9. (]V3-08-10. Effective Signs, representing Innovation Corporate Center LLC, requests approval of a Sign Criteria for Innovation Corporate Center East, located on proposed Lots 1-6, Rancho Vistoso Neighborhood 3, Innovation Corporate Center-East. located NE of the intersection of Innovation Park [}rive and Tangerine Road, Parcel 223-02-021B. The proposed Sign Criteria include freestanding, directory and wall signs. If you have any questions or comments about this rnatter, please contact Jonathan Lew, Planning Technician, at /52O\ 229-4853 or at jlew©orovalleyaz.gov. Steven Frenoh, Effective SignS, non nesident, presented the proposal. Mr. French stated the proposal meets and exceeds the requirements and a letter of approval has been received by the H[)/\. The applicant does concur with the conditions of approval in Exhibit A. Jonathan Lew, OV Planning Teohnioian, presented the staff report and stated staff recommended approval with the conditions in Exhibit A. Sherree MongoUi, non resident, Project Manager for Venture VVest, stated most tenants will choose from the presented color palette but some who have logos will want to use their logo colors. Bayer Vella, OV Principal P|ennar, stated that if a logo is a registered trademark than it is perrniosib|e, if a company has a logo and it is not a registered trademark than it would not be permitted. The tenant would be required to use the presented color palette. Fred Steinger, non resident, asked for clarification of the colors that will be allowed. Mr. Lew reiterated what Mr. Vella stated. MOTION: A motion was made by Member Schoeppach and seconded by Member Shelton to approve OV3-08-10, Effective Signs, subject to the conditions in Exhibit A. MOTION carried, 4-0. 10. Discussion and Possible Action regarding proposed changes to the Town Board & Commission Appointment Process. MOTION: A motion was made by Member Anderson and seconded by Member Shelton to submit the recommendation written by Member Schoeppach to the Town Council. MOTION carried, 4-0. 11. Board Member Comments. Opened and closed without comment. 12. Planning and Zoning Update. Karen Berchtold, OV Senior Planner, gave updates on upcoming Town business. ADJOURNMENT MOTION: A motion was made by Member Schoeppach and seconded by Member Anderson to adjourn. MOTION carried, 4-0. 4 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 4, 2009 TO: HONORABLE MAYOR AND COUNCIL FROM: Sarah S. More, Planning & Zoning Director SUBJECT: Public Hearing: Resolution No. (R) 09 - 14 , OV8-08-01, Enterprise Leasing Agency, representing Neil Capin the property owner, requests approval of a conditional use permit for the Enterprise Rental Car facility, located in proximity to the northwest corner of Oracle Road and Cool Drive. EXECUTIVE SUMMARY OF APPLICATION: The site currently consists of multiple automotive related businesses (Discount Tire, Gas Station and the Capin Car Wash), as well as a retail building occupied by a restaurant and salon. Thero osed use will p p occupy the currently vacant space at the rear (western end) of the retail building on the northernmost lot of the development. The proposed rental car facility is compatible with the currently existing automotive uses and will, by its nature, not conflict with the non-automotive related uses. The business nature of the rental car facility is not as intense as the other automotive uses on the property, with the majority of daily operations occurring within the office space at the rear of the retail building and requiring approximately ten parking spaces. Furthermore, the proposed car rental facility is setback from neighboring residences to the north by approximately fifteen (15') feet and to the west by approximately one Lundred twenty-five (125') feet, with an additional six (6') foot landscaped buffer and and a six (6') foot p y high masonry wall in both directions. PLANNING & ZONING COMMISSION ACTION: At their regularly scheduled meeting of February 3, 2009, the Planning & Zoning Commission voted (5-1) to recommend approval of the conditional use permit (CUP) for this project. One of the Commission members expressed opposition to the CUP by stating concern with the daily operations of the proposed rental car facility. Specifically, whether or not the existing facility on the east side of Oracle Road will be relocating to this proposed location, the hours of operation and the methodology by which vehicles are moved to and from the Enterprise facility. The existing facility on the east side of Oracle Road will be entirely relocating to the vacant tenant space within the Capin Car Care Center and the hours of operation are: Monday through Friday 7:30 am to 6 pm, and Saturday 9 am to 12 pm. It has recently been brought to staff's attention that the lease between the property owner (Neil Capin Enterprises, Inc.) and the Enterprise Leasing Agency expressly stipulates no more than ten vehicles at any given time shall be stored on-site. Aside from 2 to 3 vehicles kept on-site for "walk-up" customers, the vehicles will be delivered to the proposed location from off-site storage centers elsewhere in the city on an as needed basis. Furthermore, as the vehicles are returned and washed at the Car Care Center, an Enterprise representative will return the vehicle to the off-site storage location to ensure a minimum amount of vehicles are kept on-site. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 or Enterprise adjusts staffing levels to ensure the appropriate number of employees is on-site to return vehicles to the off-site storage facilities as soon as they have been cleaned. However, in the event a driver is not immediately available, the property owner has designated parking under the detail canopy (canopy south of the car wash) for temporary storage while awaiting an available Enterprise driver. One of the Commission members mentioned what a valuable service the Enterprise rental facility was for the community and thought the relocation of the facility from the east side of Oracle Road into the automotive center was a benefit for all parties. There were no comments from neighbors during the public hearing. BACKGROUND: Nature of Application: The purpose of the conditional use permit (CUP) is to insure that the proposed use is compatible with the adjacent properties and the surrounding area. Oro Valley Zoning Code Section 23.3, table of permitted uses, allows hotels in a C-1, Commercial District only if reviewed and approved in accordance with the procedures and standards of Section 22.5, Use Permits. A conceptual site layout is required as part of the CUP process to address compatibility issues. Once staff 1,- t reviewed the application, the CUP is reviewed by the Planning & Zoning Commission, which in turn forwa the application with its recommendation to Town Council for approval. The development plan and landscape plan will be reviewed separately by the Development Review Board and Town Council. Current Site Conditions: • The vacant tenant space is located within an existing building at the rear of the retail building within the center. • The proposed rental car facility will occupy approximately 1,200 square feet of the 4,800 square foot retail building. • Additional parking spaces will be added to accommodate the additional use. Approvals to Date: • The property was annexed into the Town of Oro Valley on October 1, 2003. • On August 8, 2002, the Subdivision and Development Review Committee for Pima County approved a Development Plan for the Capin Car Care development. • In 2005, a revised development plan was administratively approved for the addition of a shade canopy south of the car care center. • In June, 2008, a second revised development plan was administratively approved for an expansion of the car care center. F:\OV\OV8\2008\8-08-01\reports\TCreport3-4-09.doc • TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 5 Surrounding Land Uses: Orientation: Zoning: Land Use. North R-S Residential Services District Catalina Citrus Estates South C-2 Commercial District Magee Plaza Commercial (Circle K, Jiffy Lube, Gemini Automotive Care) East R1-144 Single-Family Residential Verde Catalina Townhouses (1-149) West R-S Residential Services District Catalina Citrus Estates Section 22.5, Use Permits As provided in Chapter 22.5, Use Permits may be granted based on consideration of the following criteria: A. That the granting of such conditional use permit will not be materially detrimental to the public health, safety, or welfare. In arriving at this determination, the factors which shall be considered shall include the following: 1. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination,. Enabling the use of a car rental facility will not create such nuisances beyond that of the normal operations of a typical commercial building. Any operations associated with the proposed use will occur entirely within the retail space, aside from the individual vehicles parked in the parking lot. 2. Hazard to persons and property from possible explosion, contamination,fire or flood; The project must meet all Building Safety requirements for commercial occupancies. Hazardous materials are not anticipated with the proposed car rental facility. 3. Hazard occasioned by unusual volume or character of traffic. Traffic to the site will be from Oracle Road and adequate circulation and parking has been provided within the lot to accommodate the proposed use, in addition to the current uses existing on-site. While the proposed use will require the storage of no more than ten vehicles on-site, no additional unusual volume or character of traffic is expected. B. That the characteristics of the use proposed in such use permit are reasonably compatible with types of uses permitted in the surrounding area. The rental car facility is "reasonably compatible" with the adjacent properties and the surrounding area. The proposed hours of operation are 8:00 am to 5:00 pm and would create minimal traffic and impacts to neighbors. The proposed use will be separated from the neighboring residences to the north by a setback of fifteen (15') feet from the property line. Furthermore, a six (6') foot bufferyard consisting of vegetation and a six (6') foot high masonry wall is currently in place. F:\OV\OV8\2008\8-08-01\reports\TCreport3-4-09.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 4 or NogOF Section 24.S, Oracle Road Scenic Corridor Overlay District (ORSCOD) The pertinent requirements of ORSCOD have been addressed on the previous development plans and the revised development plan accompanying this use request. There will be no new construction with this request and the pertinent requirements of ORSCOD will be addressed as part of the development plan and landscape plan revision process. Conceptual Site Plan The.revised development plan is in substantial conformance to the original development plan approved for the site. The only proposed change is the addition of parking spaces to accommodate the additional use within the development. PUBLIC NOTIFICATION AND COMMENT All property owners within 600' have been notified of the public hearing in accordance with Town requirements. Additionally, the applicant held a neighborhood meeting on January 26, 2009, to address any issues or concerns. The applicant made himself available for two hours, in which there were no attendees. To date, staff has not received any comments from neighbors or concerned residents concerning the project. SUMMARY OF FACTORS: Factors For: 1. Planning& Zoning Commission recommended approval 2. The conditional use permit for the car rental facility is in general conformance with the OVZCR "use permit criteria". 3. The proposal conforms to all applicable General Plan policies. 4. The proposal will not produce any nuisances to the surrounding neighborhoods. Factors Against: 1. None SUGGESTED MOTION: The Town Council may wish to consider one of the following suggested motions: I move to [adopt, adopt with conditions, OR deny] Resolution No. (R) 09- 14 , 0V8-08-01, Enterprise Leasing Agency, representing Neil Capin the property owner, requests approval of a conditional use permit for the Enterprise Rental Car facility, located in proximity to the northwest corner of Oracle Road and Cool Drive. Attachments: Nailt 1. Resolution No. (R) 09- 14 2. February 3, 2009, PZ Commission Draft Minutes F:\OV\OV8\2008\8-08-01\reports\TCreport3-4-09.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 5 of 5 3. Concept Site Plan 4. Enterprise Narrative cc: Development Coordinators Neil Capin(NeilJr@CapinCarWash.com) Project Manager: Michael Spaeth, Planner I ,t 41/ f i ir • rah1 S. More, Pla Mg & • g Director 1 • i , tiAt i 119 raig Civa er, own Engineer 4, 4,Dei,-e_. ---11- 4),..) JWatson, sistant Town Manager A David Andrews, Town Manager tF:\OV\OV 8\2008\8-08-01\reports\TCreport3-4-09.doc RESOLUTION NO. (R)09 - 14 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, GRANTING APPROVAL OF A CONDITIONAL USE PERMIT (CUP) TO ENTERPRISE LEASING AGENCY, LOCATED WITHIN LOT 3 OF CAPIN CAR CARE CENTER IN THE PROXIMITY OF THE NORTHWEST CORNER OF ORACLE ROAD AND COOL DRIVE, PARCEL NO. 225-141-90C WHEREAS, the Applicant, Enterprise Leasing Agency, requests approval of a Conditional Use Permit (CUP) for a car rental facility, located within Lot 3 of Capin Car Care Center in the proximity of the northwest corner of Oracle Road and Cool Drive, Parcel 225-141-90C; and WHEREAS, the Planning and Zoning Commission reviewed said CUP at a duly noticed February 3, 2009 Public Hearing in accordance with State statutes, and in a 5-1 vote, recommended approval to the Town Council; and WHEREAS, the Oro Valley Town Council has duly considered the proposed CUP request by Enterprise Leasing Agency and the Planning and Zoning Commission's recommendations at a Public Hearing and finds that granting the requested CUP will be consistent with the Town's General Plan and other Town ordinances. NOW,THEREFORE,BE IT ORDAINED by the Mayor and Council of the Town of Oro Valley, Arizona that: SECTION 1. In accordance with Section 22.5 of the Oro Valley Zoning Code Revised (OVZCR), a Conditional Use Permit to Enterprise Leasing Agency, for a car rental facility, located within Lot 3 of Capin Car Care Center in the proximity of the northwest corner of Oracle Road and Cool Drive, Parcel 225-141-90C, is granted and that all applicable standards of the OVZCR shall apply to the property. SECTION 2. This Resolution and the various parts thereof are hereby declared to be revocable. If any section, sub-section, sentence, clause, word or phrase of this Resolution is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portions of this Resolution. Cir \\L.egal\sharefiles\Planning&Zoning\Misc\Enterprise CUP\Resolution CUP doc Oro Valley Attorney's Office/arm/020309 PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 4th day of March , 20 09 . Vid TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date: Date: DRAFT MINUTES ORO VALLEY PLANNING AND ZONING COMMISSION REGULAR SESSION AGENDA February 3, 2009 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT 6:00 PM 1. Call to Order 2. Roll Call PRESENT: Chair Teree Bergman Vice Chair Clark Reddin Commissioner Bill Adler Commissioner Joe Hornat Commissioner Doug McKee Commissioner Scott Merry, via teleconference Also present: K.C. Carter, Vice Mayor Sarah More, Planning and Zoning Director Joe Andrews, Chief Civil Deputy Town Attorney Paul Keesler, Development Review Manager Michael Spaeth, Planner David Ronquillo, Senior Planner 3. Call to the Audience opened and closed with no speakers. 4. Approval of Minutes MOTION: Commissioner Doug McKee MOVED to approve the January 6, 2009, Planning and Zoning Commission meeting minutes as written. Vice Chair Reddin seconded the motion. Motion carried 5:0. 5. Public Hearing: OV8-08-01, Enterprise Leasing Agency, representing Neil Capin the property owner, requests approval of a conditional use permit for the Enterprise Rental Car facility, located in proximity to the northwest corner of Oracle Road and Cool Drive. Michael Spaeth, Planner, gave the staff report and answered Commissioner's questions: - The neighborhood meeting was held on site. - Per Code, CUPs are required for auto related uses. - Parking spaces consider all three lots. - Pima County standards apply from pre-annexation agreement with Town of Oro Valley 2/3/09 Planning and Zoning Commission Draft Minutes (TOV). - This building is completely built and subject to the Development Plan in place at that time. Applicant David Garcia, a principal with Architectural Design Group, 2510 E. Grant Road Ste. 140, Tucson, worked on the original development. Approvals and building permits were through Pima County. Two tenant improvements were permitted through Oro Valley. A site plan was submitted with the parking calculation per Pima County Code. Landscaped islands have been added adjacent to the parking spaces south of the building to meet Pima County Code. Three parking spaces have been added and we are overparked by about 10 spaces on the site plan. Enterprise Rental Car has an inventory of 10 cars. There is an agreement with the adjacent car wash owner to wash returned cars. This space has been vacant for over 6 months. Steve Norman, Enterprise representative, said Enterprise is relocating from the east side of Oracle. Typical hours are 8 am to 5 pm, and closed Sundays, but that would have to be verified. Maintenance of cars is taken elsewhere. The Enterprise car inventory is spread through the Tucson area. The Oro Valley site is more remote and cars are not stored there. PUBLIC HEARING opened and closed at 6:20 p.m. with no speakers. MOTION: Vice Chair Reddin MOVEd to approve OV8-08-01, Enterprise Leasing Agencies, request for a conditional use permit for a car rental facility, located in proximity to the northwest corner of Oracle Road and Cool Drive. Commissioner Hornat seconded the motion. Discussion: Commissioner Adler was concerned because the criteria for a CUP involves the impact of traffic and parking. He is reluctant to approve a CUP without knowing where parking is and its relation to neighbors. He cannot approve this request. Commissioner McKee was concerned where extra cars would be parked on the lot. When more than 10 cars are being returned, is the intent to use some of the space of the tire shop? Mr. Garcia said the lease agreement doesn't allocate specific places for vehicles. The entire site plan counts all spaces on all 3 lots. Parking spaces to west of and three in front of the building would be used, and there are spaces along Oracle Road. Parking is shared by all three users. Commission McKee will support this request. Commission Merry said Enterprise performs an important service to OV and this facility offers a win-win situation. Motion carried 5:1, with Commissioner Adler voting no. 2 r- VUOINV',WOW WU M . ' 2 Alc.-74:g•rpgelaT4,11.1") avow rIDV110 1.1.3.101 .< 6 :ttil'i '' ,•,••,. ..,.•, ,..•,..,$$$$$ il I I N I ) IIIV)il\r.)NIA ‘ ':) .. , . _ :I NVid ILIS ,.) ii 6 "•,'. .): ' 1 "" 41°V AM V ; vod sod Lwow lli i! II '4 ti c !Pi I I ;1114 •,.: ;g g j1 t ..,.t. ., : i 1 Si ilti 11 li 1ii , .T a cA II; if I ,1'..,; . ., .... ..1 is fl.s li ill.. 1 i 11 Is . :. z; is, II i PI I' Eh.gli li 1, ..., .. _41) PI• A. .b 11 6 1 114 Ili IF i g e 511 w so zip Elil ail it I-6E riii6 r, tl tt sj11" 11 0 , ' csi .\•. zl: .7j,/ gg MI 091 1 / ! 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La Canada Drive Oro Valley, AZ 85737 Re: Relocation of Enterprise Rent-A-Car branch to 8195 N. Oracle To Whom It May Concern: Please consider our company's request to relocate our current office from 8700 N. Oracle to the address above. We believe that this location will be better suited for our business needs, due to the proximity of the gas station and car wash. While traditional car rental "lots" are filled with available rentals, Enterprise will only have on-site those cars, which are reserved for scheduled pick-ups and a couple for immediate, or"walk-up", business. This location will see between 15-20 transactions (vehicles returning, then re- rented) per day, between the hours of 7:30am and 6pm, Monday-Friday. On Saturdays, transactions average 3-5, during the operating hours of 9am-noon. The occupancy rate at this location averages 90-95%. This means that at any time, only 5-10% of our fleet would be sitting on-site. Often, there will also be some portion of these vehicles which will be out, for scheduled maintenance. Ultimately, we believe that 15 parking spaces will be sufficient for Enterprise to operate from this new location: 5 - ready-to-rent spaces 2- display vehicles (for walk-up business) 4- employee parking 4- customer/return spaces It is our understanding that the Capin Center has this space available for our use, and we look forward to a satisfying tenancy in our new Oro Valley location. Respectfully Mike Hawkins Vice President/General Manager TOWN OF ORO VALLEY 5 Page 1 of 4 01160, COUNCIL COMMUNICATION MEETING DATE: March 4, 2009 TO: HONORABLE MAYOR& COUNCIL FROM: DAVID ANDREWS,TOWN MANAGER SUBJECT: DISCUSSION OF TOWN FINANCIAL SUSTAINABLILITY INCLUDING CONSIDERATION AND POSSIBLE APPROVAL OF ORGANIZATIONAL RESTRUCTURING AND REDUCTION-IN-FORCE PLAN SUMMARY: On February 18, 2009, the Town Council met in an Executive Session to discuss the potential elimination of Town employee positions in the FY 2009/10 Town Budget. This action is the result of the Town's need to deal with the effects of a recessionary economy that has resulted in a projected $5.2M revenue shortfall in the General and Highway Fund budgets for FY 2009/10. The primary causes of the projected revenue shortfall include the following factors: • Sunset of the 2%utility sales tax on April 1, 2009 - $1.2M • Decrease in construction activity- $1.0M • Decrease in state shared revenues due to the State's economy - $1.2M • Local recessionary economy In order to address this dilemma,the following preliminary actions are offered for Town Council consideration. The Town Manager's Recommended Budget for FY 2009/10 will be delivered on April 1, 2009 and may include further,though less significant, adjustments to programs, services and related personnel. • Organizational Restructuring/Reduction-in-Force Plan-Net Savings $1.5 M • Use of Bed Tax Revenue .6 M • Renewal of 2%Utility Sales Tax 1.2 M • Reduction - Operations and Maintenance Expenditures .3 M • Deferral of Vehicles & Equipment from Capital Improvements Program .7 M • One-time Expenditures .5 M • Contingency—U.S. Department of Justice COPS Grant .4 M Total. Savings/Revenue Recommendations $5.2 M The Town Manager's Recommend Budget for FY 2009/10 may differ slightly from these recommendations. However, the Organizational Restructuring and Reduction-in-Force Plan is recommended for approval and immediate implementation. Deeper cuts will be necessary and forthcoming in April if additional revenue options are not implemented or if the Town's economic situation worsens over the next 30-45 days. TOWN OF ORO VALLEY Page 2 of 4 COUNCIL COMMUNICATION MEETING DATE: March 4,2009 Organizational Restructuring and Reduction-in-Force Plan Details to this recommendation may be found in Exhibit A of this staff report. It is essentially the same as what was discussed on February 18 in Executive Session. The primary difference is that the six certified officer positions from the Police Department have been pulled out of the plan and are contingent upon Town receipt of grant funding from the COPS Hiring Recovery Program sponsored by the U.S. Department of Justice. Please refer to Exhibit B for additional information. The following is a summarization of the plan. Positions Cost Savings Positions Cost Increase Net Cost Eliminated Reclassified Savings General Fund 1.8.8 $1.3M 12.5 $ .1M $1.2M Highway Fund 5.0 .3M 0 0 .3M Water Utility Fund 3.0 .2M 0 0 .2M Totals 26.8 $1.8M 12.5 $ .1M $1.7M The number of positions recommended for reduction of 26.8 does not include the six certified officer positions that are grant contingent. Of the 26.8 positions, 5.3 are currently vacant due to the hiring freeze. I am also recommending that the Planning &Zoning Department, Building Safety Department and Public Work's Development Review Division be consolidated into one department,the Development Services Department. What is the outcome of the reduction-in-force to programs and levels of service? Naturally there would be some reduction of service with reduction in personnel to this degree. Examples of reductions might include: • Slower re-shelving of library books • Additional days fulfilling public info requests • Slower processing of business licenses • No pro-active sign&code enforcement • Slower court case processing • Less capacity for 24-hr. customer service turnaround • Less capacity for expedited plan reviews • Delayed attention to citizen inquiries • Reduced support from internal department • Reduced services in transit pickup • Reduction in planning,programming and reporting with sporadic regional representation on certain committees Hiring Freeze Back in November 2008, the Town Council voted to institute a hiring freeze. To date, this action has impacted several positions. • TOWN OF ORO VALLEY kilborPage 3 of 4 COUNCIL COMMUNICATION MEETING DATE: March 4,2009 Staff recommends that the Council begin to consider lifting the hiring freeze at least for those departments that may be impacted the most by this evening's actions, in particular Transit, Court, Development Services, Water and Administration. The hiring freeze should continue to remain in place for Police, Library, Parks and Recreation and Public Works. Additional Options If this plan is approved by the Council this evening, the projected deficit will be reduced to about $500,000 to $1M, depending on the utility sales tax renewal,the economy over the coming months,the Arizona State Legislature(State shared revenues) and the COPS hiring grant. Programs and services will be further evaluated with recommendations forthcoming on April 1. Please refer to Exhibit C for a summary of some of these options. Severance Pay In an attempt to minimize the impact to affected employees, it is suggested that severance pay be provided. The Council may wish to consider at least two options: Option A 90 Days -Severance Pay & Benefits to all Affected Employees 4 cost--- $122,835 Option B 60 Days Severance Pay & Benefits for< 5 years of Service -- $55,396 90 Days Severance Pay & Benefits for? 5 years of Service $36,279 Total Estimated Cost for Option B = $91,675 In both cases, employees would continue to receive retirement and health insurance,but would not continue to accrue vacation, sick and holiday leave time and pay for the approved period of time. Unemployment Insurance Expense The maximum unemployment insurance benefits for each person would be $6,240 over a 26 week period. Since we may be providing a severance period, unemployment compensation would not be available until after the employee would stop receiving regular payments from the Town. It would be expected that at least some employees would find work prior to the end of the severance period,thus not needing to use unemployment. Other employees may vary in how long they would need payments, so not all employees would receive the maximum amount listed above. The Town's estimated maximum cost for unemployment would be $131,040. • TOWN OF ORO VALLEY Page 4 of 4 COUNCIL COMMUNICATION MEETING DATE: March 4, 2009 SUGGESTED MOTION: 1 move to approve the Town Manager's Organizational Restructuring and Reduction-in-Force Plan to include severance packages of 60 days severance for those employees with less than 5 years of service and 90 days severance package for those employees with 5 years or more of service. OR I move to approve the Town Manager's Organizational Restructuring and Reduction-in-Force Plan to include a 90 days severance package for all employees whose positions are eliminated ATTACHMENTS: l. Exhibit A—Organizational Restructuring and Reduction-in-Force Plan 2. Exhibit B—COPS Hiring Recovery Program from the U.S. Department of Justice 3. Exhibit C—Programs and Services Options add a...\4 David Andrews, Town Manager ORGANIZATIONAL RESTRUCTURING AND EXHIBIT A REDUCTION IN FORCE PLAN *1111' 11,11111111111111110111011.1111,1iiiiillitillitaallTOTAL TOTAL ilitlillitr . • 10,1111•11,111111111,1111111,11111011111111001011,r,T77•-77•""''' FTEs SAVINGS I0191110111111111111111110111111,1011.1111111 D EPART M EN T/POSITIONO1111111,101"OSitP001!N!5:!olAt; ELI MI NATED SAL+B EN • ADMINISTRATION TOTAL ADMINISTRATION STAFF REDUCTIONS (6.5) ($480,203) TOTAL ADMINISTRATION RECLASSIFICATIONS 5.5 $45,728 - MAGISTRATE:CQVRT • . • - -- • -- TOTAL MAGISTRATE COURT STAFF REDUCTIONS (0.5) ($26;762) • LIBRARY, . • • . i• • TOTAL LIBRARY STAFF REDUCTIONS (1.3) ($37,217) TOTAL LIBRARY RECLASSIFICATIONS 2.0 $6,281 DEVELOPMENT SERVICES TOTAL DEV SERVICES STAFF REDUCTIONS (9.0) ($657,375) _• ___• TOTAL DEV SERVICES RECLASSIFICATIONS 5.0 $49,773 PARKS & RECREATION TOTAL PARKS & RECREATION STAFF REDUCTIONS (1.0) ($70,276) • PUBLIC WORKS - TRANSIT H ••• • - - • -• '1111111111111111111111111111111111 LP' TOTAL TRANSIT STAFF REDUCTIONS • (0.5) ($23,000) ORGANIZATIONAL RESTRUCTURING AND REDUCTION IN FORCE PLAN 2 j PUBLIC WORKS - ENGINEERING TOTAL ENGINEERING STAFF REDUCTIONS (4.0) ($262,066) PUBLIC WORKS - OPERATIONS TOTAL PW OPERATIONS STAFF REDUCTIONS (1.0) ($44,002) - 11111111111111111111.11111111, WATER UTILITY TOTAL WATER UTILITY STAFF..REDUCTIONS (3.0) ($159,474) SUMMARY BY FUND GENERAL FUND FTEs Cost Savings TOTAL FTEs RECOM FOR ELIMINATION * (18.8) (1,294,833) TOTAL FTEs RECOM FOR RECLASSIFICATION 12.5 101,782 NET GENERAL FUND SALARY/BENEFIT SAVINGS ($1,193,051) * 5.3 of 18.8 FTEs recommended for elimination are currently vacant due to hiring freeze. HIGHWAY FUND TOTAL FTEs RECOM FOR ELIMINATION (5.0) ($306,068) I II ND TOTAL FTEs RECOM FOR ELIMINATION (3.0) ($159,474) TOTAL PERSONNEL SAVINGS ACROSS ALL FUNDS (26.8) ($1,658,593) Less: 5.3 Vacant FTE's due to hiring freeze 5.3 Total Filled FTEs recommended for elimination (21.5) EXHIBIT B Sharp, Daniel From: Cops info [Cops info@usdoj.gov] Sent: Tuesday, February 17, 2009 3:15 PM To: ksickelbower@ovpd.org Subject: COPS Hiring Recovery Program (CHRP) United States Department of Justice Office of Community Oriented Policing Services(COPS) Office of the Director 1100 Vermont Avenue,N.W. Washington,DC 20530 February 17, 2009 Dear Colleague, The Office of Community Oriented Policing Services (COPS Office) is pleased to announce the availability of funding under the COPS Hiring Recovery Program(CHRP). The COPS Office will receive the funds from the American Recovery and Reinvestment Act of 2009 to address the personnel needs of state, local, and tribal law enforcement. Application materials are scheduled to be available before the end of March. CH=IRP is a competitive grant program that provides funding directly to law enforcement agencies having primary law enforcement authority to create and preserve jobs and to increase their community policing capacity and crime-prevention efforts. U• to$1 billion in grant funding will be available for the hiring and ‘wass, re irin... of additional career law enforcement officers. T ere is no oca . requirement o ` -1'+', • t grant fun ing wl e ase on currttrrievehralary and benefits packages and therefore any additional costs for higher salaries or benefits for particular individuals hired will be the responsibility of the grantee agency. CHRP grants will provide 100 percent funding for approved entry-level salaries and benefits for 3 years(36 months) for newly-hired,full-time sworn officer positions(including filling existing unfunded vacancies) or for rehired officers who have been laid off, or are scheduled to be laid off on a future date, as a result of local budget cuts. In addition, there is no cap on the number of positions an agency may request, but awards will be limited to available funding. Please be mindful of the initial 3-year grant period and your agency's ability to fill the officer positions awarded, while following your agency's established hiring policies and procedures. At the conclusion of federal funding, grantees must retain all sworn officer positions awarded under the CHRP grant. The retained CHRP-funded position(s) should be added to the grantee's law enforcement budget with state and/or local funds, over and above the number of locally-funded positions that would have existed in the absence of the grant. Applications for CHRP grants will be accepted only online through the COPS Office web site: www cops,usdoigov. The online application materials are scheduled to be available before the end of March, but in the interim, the COPS Office wants to ensure that your agency has sufficient time to complete the following required steps before the solicitation opens: • Visit the"Account Access" portion of the COPS web site at , vw.c,ops.undo gov to determine if your agency currently has an active online account and/or how to create one. 1 • • Once logged into"Account Access," your agency will able to add additional user accounts and also update your agency contact and address information. • Take this time to ensure that your agency's Law Enforcement and Government Executive information is current, and also make sure that contact information is current for individuals submitting the CARP grant application. • If you do not remember your password or user name and need assistance with creating an account and/or system access, call 1.800.421.6770 between 9:00 a.m. and 5:00 p.m. Eastern Time, or e-mail egov.issues@usdojgay. • A Data Universal Numbering System(DUNS)number is required to submit applications for COPS funding. A DUNS number is a unique nine-digit sequence recognized as the universal standard for identifying and keeping track of entities receiving federal funds, Visit www.dnb.com/us to obtain or verify your number. • Additionally, all applicants are required to maintain current registrations in the Central Contractor Registration(CCR)database. The CCR database is the repository for standard information about federal financial assistance applicants, recipients, and sub-recipients. For more information about how to register with the CCR, visit www.cer.gov. Please note that applicants must update or renew their CCR at least once per year to maintain an active status. The COPS Office looks forward to working with the law enforcement agencies that apply under this program and will provide technical assistance to applicants during the solicitation process, as requested. For more information, call the COPS Office Response Center at 1.800.421.6770. Sincerely, r `7 Timothy J. Quinn Acting Director NI) 2 #09-130: Justice Department Receives $4 Billion in Grant Funding as a Result of the Am... Page 1 of 2 tie '41.(""s.r to, VP El partntrnt of atm it tt FOR IMMEDIATE RELEASE CPA Tuesday, February 17, 2009 (202) 514-2007 WW .USDOJ.00V TDD (202) 514-1888 Justice Department Receives $4 Billion in Grant Funding as a Result of the American Recovery and Reinvestment Act of 2009 Funds for New Police Officers, Combating Violence Against Women and Fighting Internet Crimes Against Children Included in Act WASHINGTON Today President Obama signed the American Recovery and Reinvestment Act of 2009 (H.R.1), which includes $4 billion in Department of Justice grant funding to enhance state, local, and tribal law enforcement efforts, including the hiring of new police officers, to combat violence against women, and to fight Internet crimes against children, the Department of Justice announced. "This funding is vital to keeping our communities strong," said Attorney General Eric Holder. "As governors, mayors, and local law enforcement professionals struggle with the current economic crisis, we iiby can't afford to decrease our commitment to fighting crime and keeping our communities safe. These grants will help ensure states and localities can make the concerted efforts necessary to protect our most vulnerable communities and populations." Specific Department of Justice investments in the Act include: • $1 billion to fund local police officers through Community Oriented Policing Services (COPS) program. These grants will fund an estimated 5,500 local police officers through the COPS Hiring Recovery Program. • $2 billion in the Edward Byrne Justice Assistance Grant (JAG) program through the Office of Justice Programs (OJP) to fund grants for state and local programs that combat crime. The Byrne JAG program is distributed by formula—60 percent to the states and 40 percent to the local law enforcement efforts. • Resources from the Office on Violence Against Women for programs that help our most vulnerable populations--$225 million in Violence Against Women Act Grants. Also provides$100 million through OJP for grants to assist victims of crime, $225 million for tribal law enforcement assistance, and $50 million for the Internet Crimes Against Children Task Forces. • Provides an additional $390 million from OJP for local law enforcement assistance, including $225 million in competitive Byrne grants, $125 million targeted for rural areas, and $40 million for the Southern border(including $10 million for ATF's Project Gunrunner). The Act also includes funds for the administration of the Department's Recovery Act grants and associated oversight and accountability. '‘illtier Information regarding COPS can be found at http://www.cops,usdpigov. Press inquiries may be http://www.usdoj.gov/opa/pr/2009/February/09-opa-130.html 2/18/2009 #09-130: Justice Department Receives $4 Billion in Grant Funding as a Result of the Am... Page 2 of 2 directed to Corey Ray, 202-616-1728. 111111) Information about the Office of Justice Programs can be found at http://www.ojp.usdpj,gov. Press inquiries may be directed to OJP's Office of Communications at 202-307-0703. Information about the Office on Violence Against Women can be found at http://www.ovw.usdoj.gov. Press inquiries may be directed to Joan LaRocca at 202-307-6026. 09-130 http://www.usdoj.gov/opalpr/2009/February/09-opa-130.html 2/18/2009 HAFY 2009 ECON RECOVERYECREC05.XML House Approps Crate %iv 59 Subtitle B—Justice 2 DEPARTMENT OF JUSTICE 3 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES 4 OFFICE OF JUSTICE PROGRAMS 5 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE 6 For an additional amount for "State and Local Law 7 Enforcement Assistance", $3,000,000,000, to be available 8 for the Edward Byrne Memorial Justice Assistance Grant 9 Program as authorized by subpart 1 of part E of title I 10 of the Omnibus Crime Control and Safe Streets Act of 11 1968, (except that section 1001(c), and the special rules 12 for Puerto Rico under section 505(g), of such Act shall 13 not apply for purposes of this Act): Provided, That section 14 1106 of this Act shall not apply to funds provided under 15 this heading. 16 COMMUNITY ORIENTED POLICING SERVICES 17 For an additional amount for "Community Oriented 18 Policing Services", $1,000,000,000, to be available for 19 grants under section 1701 of title I of the 1968 Act (42 20 U.S.C. 3796dd) for the hiring and rehiring of additional 21 career law enforcement officers under part Q of such title 22 notwithstanding subsection (i) of such section: Provided, 23 That for peer-reviewed grants made under this heading, 24 the time limitation provided in section 1103(b) of this Act 25 shall be 120 days. 411w 1:1V*0115091,4011509.004.xml January 15,2009(4:02 a.m.) o � EXHIBIT C PROGRAMS AND SERVICES OPTIONS • Reduce Library Operations from 50 to 40 hours per week $ 50,000 • Recreation and Aquatics Programs $250,000 • Community Funding $370,000 • Transfer Library to Pima County $680,000 • Community Action Team — Police Department $415,000 • Further Reduction in Certified Officers --Per Officer $ 69,000 mi010 E:\Admin Assist\EXHIBIT C-Council Communication 3-4-09 Disc Twn Fin Sustain.doc a 3_,_,/ Aoh n nu6ow (),vt&-oivevd- Recommended Budget 2008/2009 How were the personnel additions, reclassifications/promotions, and salary adjustments from the 2008/2009 budget incorporated into the suggested reduction in force recommendations for tonight? Personnel Additions The Recommended Budget included a total of 5 new full-time equivalent (FTE) positions (funding for 5 new positions - $456K) ❑ ❑ Safety and Risk Manager (1.0 FTE) in Human Resources ❑❑ Assistant Planning & Zoning Director(1.0 FTE) in P&Z ❑❑ Part-time Office Assistant to Full-time (0.5 FTE) in P&Z, offset by the elimination of a Part-time Planning Intern (-0.5 FTE) ❑❑ Planner (1.0 FTE) in Planning and Zoning ❑El Court Clerk (1.0 FTE) in Magistrate Court ❑❑ Meter Reader Supervisor (1.0 FTE) in Water Utility There was a recommendation for adding transit workers (7.6 FTE) if funded by RTA. Was the RTA funding approved and were the transit workers added? Position Reclassifications/Promotions The following position reclassifications/promotions totaling approximately an increase of$31K included in the Recommended Budget: ❑❑ Office Specialist to Senior Office Specialist—Town Clerk Dept. ❑❑ Webmaster to Systems Analyst— Information Technology D❑ PT Office Assistant to PT Senior Office Assistant—Public Works ❑ ❑ Senior Office Assistant to Office Specialist—Public Works ❑❑ 3 Building Inspector I positions to Building Inspector II —Building Safety ❑❑ 2 Plans Examiner I positions to Plans Examiner II —Building Safety ❑❑ HR Assistant to HR Technician— Human Resources Salary Market Adjustments The Recommended Budget includes salary adjustments based on a market comparison study conducted by Human Resources totaling approximately an increase of$15K for the following three positions: ❑0 Assistant Recreation Manager—Parks and Recreation ❑ El Court Administrator—Magistrate Court D❑ Library Administrator—Library Reduction in Force (Exhibit A) I can understand the projection of the reduction of full-time equivalents (FTEs) and the dollar savings. I can't understand why reclassification resulted in an increase of dollars. I would assume the reclassifications would be downward resulting in dollar savings? Administration FTE Dollars • Reduction -4.0 -480,203 • Reclassification 5.5 45,728 Magistrate FTE Dollars • Reduction -0.5 -26.672 Library FTE Dollars • Reduction -1.3 -37,217 • Reclassification 2.0 6,281 Develop Services FTE Dollars • Reduction -9.0 -657,375 • Reclassification5.0 49,773 Parks Recreation FTE Dollars • Reduction -1.0 -70,276 Public W Transit FTE Dollars • Reduction -0.5 -23,000 Engineering FTE Dollars • Reduction -4.0 -262,066 Public W Ops FTE Dollars • Reduction -1.0 -44,002 . . Water Utility FTE Dollars • Reduction -3.0 -159,474 Reduction -18.8 -1,294,833 Reclassifications 101,782 Total Savings -1,193,051 All of the reclassifications cost more money. How does that help reduce spending? Why are there no specific police department reductions recommended? Police Department Staffing Economic Research Associates (ERA) a consulting firm was hired by Oro Valley to help develop a fiscal impact analysis model to use in budget projections based on population growth. The multiplier method used in its economic vitality (EV) model concentrates on the labor content of departments and/or functions like police. Labor is a major cost component. An example of the EV model based on population increases: Oro Valley Police Budget at Current Budget Multiplier for 2008/2009 is 2.3/1000 2008/2009 • Population 43,223 Arizona Department of Commerce • Labor Multiplier 2.3/1000 • Labor Required 99 Officers Oro Valley Police Department Staffing: • Officers: 102 (3 over budget) • Police Support: 37 • Total Police Department Staffing: 139 Other Potential Savings Library Hours (50 to 40) 50,000 Recreation/Aquatics 250,000 Community Funding 370,000 Transfer Library Pima County 680.000 Community Action Team (CAT) Police 415,000 Each additional Officer 69,000 How can anyone evaluate the other potential savings reductions without more detail on these dollar figures were calculated? Page 1 of 1 Miller, Carol From: nelly hoist[huston59@comcast.net] Sent: Wednesday, March 04, 2009 1:37 PM To: Loomis, Paul Cc: Miller, Carol Subject: Mayor& Council Dear Mayor Loomis, As residents of the city of Oro Valley, we would like to ask you to not get rid of any police officers in the city. I understand that the Oro Valley has a Rainy Day Fund that could be used to keep our police officers protecting our citizens. We would strongly suggest cutting back the Town Manager's salaries in order to keep our law enforcement on staff. We would appreciate a reply to this e-mail, Mark& Nelly Hoist 3/4/2009 3--z/-°q Vote Against Town of Oro Valley Utility Tax Extension —March 4, 2009 • The Town of Oro Valley Council voted down the 4% utility tax in the 2005-2006 budget. • The Town of Oro Valley Council voted down the 4% utility tax again in September 2006. • The Town of Oro Valley Council proposed and approved a reduced 2% utility tax in December 2006. • At the December 6, 2006 some council members stated that many verbal, email, and written comments had been received by the council members or town staff that supported the utility tax proposal. However, no documents were produced or quoted from and made part of the public record??? • At the December 6, 2006 meeting two of the council members spoke eloquently on the behalf of the taxpayers they represent: o Mayor Loomis: "We cannot expect to continue to think that we can tax others (via fees) to pay for Oro Valley Services. The taxpayers need to contribute to the viability of Oro Valley. The utility tax is just one short-term method to obtain the necessary funding". o Councilman Kunisch: "The citizens need to pitch in and help maintain the quality of services in Oro Valley. The utility tax is just one short-term method to obtain the necessary funding". • It is true that a tax cannot be earmarked for a specific purpose but must be directed to the general fund. However, it was perfectly clear from the power-point presentation made by Town of Oro Valley staff and the discussions by the Town Council at the December 6, 2006 meeting that the 4% utility tax was being considered to fund 18.5 new staff positions (1.2 million dollars) and capital improvements (900,000 dollars). These requests had been repeatedly turned down in the budget process. • When the proposed 4% utility tax was reduced to 2%, a sunset clause was added to end the short-term utility tax in April 2009. • Now, with the sunset clause due to expire in April 2009 some members of the council want to extend this tax and place the revenue into the general fund because of budget shortfalls. I hope the Town Council does not follow the Federal Rescue Model and try to "Tax Our Way To Prosperity" to deal with the economic problems and our budget shortfalls. - . • I would like to recommend to the Town Council that the sunset clause be enforced and the utility tax be allowed to expire in April 2009. • Instead, the Town of Oro Valley should concentrate on ways to reduce spending, not tax its citizens. A couple of suggestions on spending reductions: o Eliminate the $160,000 "donation" to the Metropolitan Tucson Convention and Visitor's Bureau. The contribution is based on the "trickle down theory" that any economic gains that accrue to Tucson and Pima County tourism will benefit Oro Valley for simply being adjacent to Tucson and part of Pima County? What percent of the statistics in convention sales is directly related to Oro Valley only? How many times did MTCVB feature Oro Valley specifically in travel brochures and trade shows? Answer: None! o Eliminate the $25,000 "donation" to the Critical Path Institute. As a Federal Taxpayer and state taxpayer I am forced to support the FDA's Critical Path Initiative. Why as an Oro Valley taxpayer am I being asked to contribute again? o Eliminate expenses for the Town Council members and Town Staff. I used to "eat out" once a week. I cut this down to once a quarter(3 months). Why can't the TOV do a little belt- tightening? o The Town publishes its own bi-monthly newsletter, The Oro Valley Vista. The newsletter is sent to all Oro Valley Postal Customers. Save money by suspending the printing of the "Vista" until the economy improves. o Postpone the start of building and funding of the new Municipal Operations Center until the economy improves. • It should be noted that no tax once enacted, has ever been rescinded in over 200 years since the revolutionaries in the original 13 colonies threw off the tax on tea from Britain and founded the United States of America. John Musolf Oro Valley Resident and Taxpayer 3-1-ey Mr. Mayor and Council Members, my name Kevin Mattocks and I am a police officer with the Town and Fraternal Order of Police, Lodge 53, Vice President. As I mentioned previously, during "Town Hall" meetings on February 18th and 19th there was a clear message from the employees that they want to support fellow employees in order to maintain the service infrastructure that exist in the Town of Oro Valley today. By continuing the utility tax I think you have made a statement recognizing the Town exists to provide services to the community supported by dedicated, trained and experienced employees of this Town. Another option mentioned is the availability of the Town's Contingency Fund or what is often referred to as the "Rainy Day Fund" to support the maintenance of critical infrastructure during these trying times. The Finance Director mentioned these cash reserves have been built up over many years. Currently the Town maintains contingency reserves or a "rainy day fund" of about twice the amount required by council policy. We encourage you to consider these cash reserve contingency funds to maintain the infrastructure of the Town in the upcoming budget year while we monitor the massive efforts to improve the economy as it impacts Oro Valley. It is our understanding that the Town Mahager may not use these funds to pay for recurring expenses per Town Council mandate. However, the Town Council may remove this mandate and allow the use of these funds which is consistent with the recommendation from the Town's:Finance and Bond Committee. Let me reiterate....The Town's own Finance and Bond Committee has suggested this action, which you may find in your council packets. In reviewing the annual audit council communications since the mid 90's it is clear the Town built up cash reserves over the long term. Looking at local sales tax revenues alone, the Town received 7.2 million dollars over what was projected in the annual budgets since fiscal year 03/04 (which I have in hand). Add in the fact that during that same period of time our general fund expenditures were 6.5 million dollars below what was projected. This all supports the Finance Directors assertion that our cash reserves have been built up over the long term. Long term town employees remember many budget years being told that the Town would like to give cost of living and/or performance raises as the employees were deserving, but that revenue projections would simply not support that. I bring this up to point out that long term employees of this Town see the benefit of using these funds that may have gone to them in the past be used to maintain the infrastructure (our employees) that are here today. In the Talk of the Town, the Town Manager responds to the question, "What about the Contingency/Rainy Day Fund?" He states that by the end of this fiscal year the fund will be just over $14.4 million dollars and if we plan to use that over the course of the next 3-5 years, it will be wiped out. It begs the question, where has all the money from revenues over budgeted projections and money saved from expenditures under budgeted projections gone? From the audit of the fiscal year ending June 30, 2008 (which I have in hand), it appears that some of this money went to the "Municipal Building" fund as it shows a balance of over $5.9 million dollars. The Town Manager later responds to the question "If we cancel the Municipal Operations Center project, would that save our jobs?" He responded that "the MOC's current debt service and current expenses are not factored into the $5.2 million dollar shortfall, so the short answer is no." We believe someone needs to ask the following questions. What about the $5.9 million dollars in the Municipal Building Fund and what could that money be used for if the MOC was put on hold or cancelled? Where did the money for this fund come from since this might lead to explaining why the contingency fund balance is projected to go down by the end of this fiscal year? Where do all the transfers out of the contingency cash reserves go? Also listed in the June 30th, 2008 end of the year audit (which I have in hand) there is a about $2.5 million dollars in the "Non-Major Governmental Funds". What is that? The:"Total Governmental Funds" line from this audit show a balance of over $45.5 million dollars. Before would vote to lay off any dedicated, trained and experienced employees of this town, I would want the answers to these questions. We ask that leadership be shown by seeking answers to these questions in order.to avoid the devastation caused by layoffs. Please take a look at the true financial picture of the Town of Oro Valley, and consider putting the employees of this town ahead of bricks and mortar! TOWN OF ORO VALLEY Page 1 of 2 COUNCIL COMMUNICATION MEETING DATE: DECEMBER 17, 2008 TO: HONORABLE MAYOR AND COUNCIL FROM: Stacey Lemos, Finance Director SUBJECT: Town Council Acceptance of the Town's Financial Audit for the Fiscal Year Ended June 30, 2008 SUMMARY: • The certified public accounting firm of Heinfeld, Meech. and Company has completed the financial audit of the Town for the fiscal year ended June 30, 2008. The financial audit was conducted in accordance with generally accepted auditing standards and the auditors have rendered an opinion that the Town's general purpose financial statements fairly present the Town's financial position as of June 30, 2008. At the November 24, 2008 Finance and Bond Committee meeting, committee members were presented with the results of the Town's audit. The corrimittee recommended forwarding the audit to Council with a recommendation for acceptance. Mr. Corey Arvizu, Certified Public Accountant and Partner with Heinfeld, Meech and Company is here his evening to present an overview of the audit to the Council and answer any questions the Council may have. ANALYSIS: The following is an overview of the Town's financial operations for the fiscal year ended June 30, 2008: • At June 30, 2008 the General Fund's unreserved/undesignated fund balance was $16,666,388, which decreased by $1,811,318, or 10%, compared to last fiscal year (page 30). This was primarily related to a transfer of$3.7 million to the Municipal Operations Center Fund for construction of a new town complex for police, water and public works operations. • General Fund revenues exceeded budget by $1,201,481 primarily related to local sales taxes ($670K), and licenses, fees and permits ($929K) (page 60). • General Fund expenditures were below budget by $2.0 million (excluding contingency reserves of $9.7 million). This was due primarily to staffing vacancies and departmental operations cost savings. (page 60). TOWN OF ORO VALLEY Page 2 of 2 ^OUNCIL COMMUNICATION MEETING DATE: DECEMBER 17, 2008 • The Highway Fund's fund balance increased slightly by $369,759. This was primarily due to the carry forward of several roadway maintenance projects to fiscal year 2008/09. (page 61). • The Townwide Roadway Development Impact Fees Fund's fund balance increased by $4.9 million. This increase was primarily due to the carry forward of the La Canada Road widening project into fiscal year 2008/09. (page 67). The following is the financial position of the Oro Valley Water Utility at June 30, 2008: • Net income of$4,991,937 and capital contributions of$2,845,903 less a transfer out of $1,600,000 increased retained earnings by $6,237,840. Total net assets at year end totaled $44,573,142 (page 35). During the audit, the auditors found no significant reportable conditions requiring the issuance of a management letter. FISCAL IMPACT: None 'ATTACHMENT: 1. Full Copy — Fiscal Year Ended June 30, 2008 — Comprehensive Annual Financial Report (CAFR) SUGGESTED MOTION: I move to accept the Town's financial audit for the fiscal year ended June 30, 2008. Stacey Lemos, Finance Director David Andrews, Town Manager TOWN OF ORO VALLEY Page 1 of 3 COUNCIL COMMUNICATION MEETING DATE: DECEMBER 19, 2007 TO: HONORABLE MAYOR AND COUNCIL FROM: Stacey Lemos, Finance Director SUBJECT: Town Council Acceptance of the Town's Financial Audit for the Fiscal Year Ended June 30, 2007 SUMMARY: The certified public accounting firm of Heinfeld, Meech and Company has completed the financial audit of the Town for the fiscal year ended June 30, 2007. The financial audit was conducted in accordance with generally accepted auditing standards and the auditors have rendered an opinion that the Town's general purpose financial statements fairly present the Town's financial position as of June 30, 2007. At the November 26, 2007 Finance and Bond Committee meeting, committee members were presented with the results of the Town's audit. The committee recommended forwarding the audit to Council with a recommendation for acceptance. Mr. Corey Arvizu, Certified Public Accountant with Heinfeld, Meech and Company is here this evening 'o present an overview of the audit to the Council and answer any questions the Council may have. ANALYSIS: The following is an overview of the Town's financial operations for the fiscal year ended June 30, 2007: • At June 30, 2007 the General Fund's unreserved/undesignated fund balance was $18,477,706, which increased by $4,397,071, or 31%, compared to last fiscal year (page 30). This was primarily related to an increase in one-time revenues relating to construction sales tax collections from recent commercial building activity and sales tax audit recoveries of $1.2 million. • General Fund revenues exceeded budget by $3,273,662 primarily related to local sales taxes ($2.5M), state shared revenues ($490K), and interest income ($471K) (page 63). • General Fund expenditures were below budget by $2.1 million (excluding contingency reserves of $10,659,571). This was due primarily to staffing vacancies and the carry forward of several capital improvement projects to fiscal year 2007/08 (page 63). TOWN OF ORO VALLEY Page 2 of 3 COUNCIL COMMUNICATION MEETING DATE: DECEMBER 19, 2007 • The Highway Fund's fund balance decreased by $186,759. This was primarily due to the transfer of $1 million from this fund to subsidize the Townwide Roadway Impact Fee Fund. The equally was almost e uall offset by an increase in construction sales tax and increased Highway User Revenue Funds from the State revenues ($700K) g ($300K) over FY 2005/06 collections (page 64). Transportation Fund's (Coyote Run) fund balance was $22,287. $262K • The Public was transferred to this fund from the General Fund (pages 81 and 30). • The Townwide Roadway Developmentp Impact Fees Fund's fund balance decreased by $404,512. This decrease was due to the completion of several major street expansion projects (page 71). win is the financial position of the Oro Valley Water Utility at June 30, 2007: The following p • Net Income of $3,363,215 and capital contributions of $2,668,132 less a transfer out of $153,319 gby increased retained earnings $5,878,028. Total net assets at year end totaled $38,335,302 (page 35). a few items were noted During the course of the audit, by the auditors as findings during the over financial assessment of internal controlreporting. These findings are related to the Town's assets andyear-end cutoff procedures. More detail on these findings and accounting of its capital management'sare found on pages 3 and 4 of the attachment titled "Report on internal responses p g Control Over Financial Reporting Compliance and On Com liance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards" contained in the fiscalY ear ended June 30, 2007 Comprehensive Annual Financial Report. FISCAL IMPACT: None ATTACHMENT: 1. Full Copy — Fiscal Year Ended June 30, 2007 -- Comprehensive Annual Financial Report • SUGGESTED MOTION: I move accept t the Town's financial audit for the fiscal year ended June 30, 2007. p TOWN OF ORO VALLEY Page 3 of 3 -OUNCIL COMMUNICATION MEETING DATE: DECEMBER 19, 2007 /GGq Stacey Le os, Finance Director • David Andrews, Town Manager TOWN OF ORO VALLEY -OUNCIL COMMUNICATION MEETING DATE: November 15, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Stacey Lemos, Finance Director SUBJECT: Town Council Acceptance of the Town's Financial Audit for the Fiscal Year Ended June 30, 2006 SUMMARY: The certified public accounting firm of Cronstrom, Osuch and Company has completed the financial audit of the Town for the fiscal year ended June 30, 2006. The financial audit was conducted in accordance with generally accepted auditing standards and the auditors have rendered an opinion that the Town's general purpose financial statements fairly present the Town's financial position as of June 30, 2006. At the October 30, 2006 Finance and Bond Committee meeting, committee members were presented with the results of the Town's audit. The committee recommended forwarding the audit to Council with a recommendation for acceptance. -- ,r. Dennis Osuch, partner in the firm of Cronstrom, Osuch and Company, is here this evening to present an overview of the audit to the Council and answer any questions the Council may have. ANALYSIS: - - ---- - - -__ The following is an overview of the Town's financial operations for the fiscal year ended June 30, 2006: • At June 30, 2006, the General Fund's unreserved/undesignated_fund__ba.lance was $13,288,551, which increased by $2,531,515, or 23%, compared to last fiscal year (page 28). This was primarily related to better than anticipated local sales tax revenue collections. • General Fund revenues exceeded budget by $3,177,221 primarily related to local sales taxes ($2.5M), state sales tax ($304K), charges for services ($199K) and interest income ($295K) (page 32). • General Fund expenditures were below budget by $867K (excluding contingency reserves of $8,552,405). Several departments carried forward capital improvement projects to fiscal year 2006/07. (page 32). G:\COUNCIL\Audit 6-30-06.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 4 • The Highway Fund's fund balance increased by $489,075. This was mainly attributed to better than anticipated construction sales tax revenue collections (page 33). • The Public Transportation Fund's (Coyote Run) fund balance was $53,247. $166K was transferred to this fund from the General Fund (page 34). • The Townwide Roadway Development ment Impact Fees Fund's fund balance decreased by $3.2M. This decrease was due to the completion of several major street improvements projects. (page 69). The following is the financial position of the Oro Valley Water Utility at June 30, 2006: • Revenues exceeded budget by $3,249,901 primarily related to water sales ($1.4M), water connection fees ($871K) and interest income ($701K). • Total expenses were in line with budget. • Capital contributions of $628,501 are for line extension agreements with developers (page 36).: • Net income of $4,550,752 and capital contributions of $628,501 increased retained earnings by $5,179,253. Total net assets at year end totaled $32,457,274 (page 36). • At June 30, 2006 the combined statement of cash flows-all proprietary fund types reflected the following cash balances (page 37): Operating Cash-Oro Valley Water Utility $13,046,276 Operating Cash-Stormwater Utility 93,961 p 9 Cash held by Trustee for debt service payments 3,740,713 Cash Project Improvements — 2003 Sr. Lien Obligations _ 5,176,460 Cash Project Improvements — 2005 Municipal Building 410,970 Debt Service Reserve Fund 2,331,001 TOTAL $24,799,381 G:\COUNCIL\Audit 6-30-06.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 3 OF 4 ATTACHMENTS: Select Page References from Comprehensive Annual Financial Report: Independent Auditor's Report (pages 11-12) • 1. p 2. Balance Sheet- Governmental Funds (page 28) Expenditures• and Changes in Fund Balance--Governmental 3. Statement of Revenues, Funds (page 30) of Revenues, Expenditures and Changes in Fund Balance- . .. 4. General Fund-Statement Budget and Actual (page 32) 5. HURF Fund-Statement of Revenues, Expenditures and Changes in Fund Balance- p Budget and Actual (page 33) • - of Revenues, Expenditures and Changes in 6. Public Transportation Fund Statement P Fund Balance-Budget and Actual (page 34) Development Impact Fees Fund - Statement of Revenues, . _ 7. Tawnwide Roadway p p Expenditures and Changes in Fund Balance-Budget and Actual (page 69) 8. Statement of Net Assets —Water Utility and Stormwater Utility (page 35) 9. Statement of Revenues, Expenses, and Changes in Fund Net Assets Water Utility and Stormwater Utility (page 36) 10. Statement of Cash Flows (page 37) • 2006-- Comprehensive Annual Financial 11. Full Copy-- Fiscal Year Ended June 30, Report G:ICCUNCIL\Audit 6-30-06.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 4 OF 4 RECOMMENDATION: The Town's Finance and Bond Committee and staff recommend acceptance of the financial audit for the fiscal year ended June 30, 2006. SUGGESTED MOTION: for the fiscal year ended June 30, 2006. I make a motion to accept the Town's financial audit or 1 move to... /142/t43 SaceyL: os Finance ector Ledeliat) David L. Andrews Town Manager G:\COUNCILIAudit 6-30-06.doc ...+ �,.i' •.t tMI13: T: • r ..... ..+,._•�i..5... Y.....i....... ...y....Y.• .r.. .-..... ... .... . ..........+��'.i�:.w.....►7I'..•:G� :_'%ts...�'s.ii.•• •..h�.:r.:w....:��i: _..... .. ....... ��.t:•:=�..�...,._. ....ter•...�... ......... � .. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: December 7, 2005 TO: HONORABLE MAYOR & COUNCIL FROM: Stacey Lemos, Finance Director SUBJECT: Town Council Acceptance of the Town's Financial Audit for the Fiscal Year Ended June 30, 2005 • SUMMARY: • The certified public accounting firm of Cronstrom, Trbovich and Osuch has completed the financial audit of the Town for the fiscal year ended June 30, 2005. The financial audit was conducted in accordance with generally accepted auditing standards and the auditors have rendered an opinion that the Town's general purpose financial statements fairly present the Town's financial position as of June 30, 2005. At the October 31, 2005 Finance and Bond Committee meeting, committee members were presented with the results of the Town's audit. The committee recommended forwarding the audit to Council with a recommendation for acceptance. ,v1r. Dennis Osuch, partner in the firm of Cronstrom, Trbovich and Osuch, is here this evening to present an overview of the audit to the Council and answer any questions the Council may have. ANALYSIS: The following is an overview of the Town's financial operations for the fiscal year ended June 30, 2005: • At June 30, 2005 the General Fund's unreserved/undesignated fund balance was $10,757,036 which increased by $1,782,694 or 19.9% compared to last fiscal year (page 30). This was primarily due to revenues exceeding expenditures. • General Fund revenues exceeded budget by $1,457,720 primarily related to local sales taxes ($602K), commercial building permit fees ($325K), state sales tax ($124K), charges for services ($242K) and interest income ($90K) (page 34). • General Fund expenditures were below budget by $787K (excluding contingency reserves of $6,948,873). Several departments were below budget in operations and maintenance costs and the police department carried forward approximately $250K in capital improvement projects. (page 34). G:\COUNCIL\Audit 6-30-05.doc Y TOWN OF ORO VALLEY ;OUNCIL COMMUNICATION PAGE 2 OF 4 • The Highway Fund's fund balance increased by $1,214,011. Several road and street improvement projects were not completed in this fiscal year (page 35). • The Public Transportation Fund's (Coyote Run) fund balance was $88,230. $96K was transferred to this fund from the General Fund (page 36). • The Townwide Roadway Development Impact Fees Fund's fund balance decreased by $3.3M. This decrease was due to timing differences in the collection of approximately $6.9M in state grant funds which are expected to be received in Fiscal Year 2005/06. (page 72). The following is the financial position of the Oro Valley Water Utility at June 30, 2005: • Revenues exceeded budget by $1,699,426 primarily related to water sales ($935K) and interest income ($471 K). • Total expenses were in line with budget. • Capital contributions of $2,934,747 are for line extension agreements with developers (page 38). • Net income of $2,902,336 and capital contributions of $2,934,747 increased retained earnings by $5,837,083. Total net assets at year end totaled $27,278,021 which includes $8,542,318 in capital contributions (page 38). • At June 30, 2005 the combined statement of cash flows-all proprietary fundtypes reflected the following cash balances (page 39): Operating Cash-Oro Valley Water Utility $9,163,175 Operating Cash-Stormwater Utility 92,013 Cash held by Trustee for debt service payments 3,469,354 Cash Project Improvements -- 2003 Sr. Lien Oblig. 10,055,294 Debt Service Reserve Fund 2,310,980 Total $25,090,816 G:\COUNCIL\Audit 6-3 0-05.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 3 OF 4 g 3• ATTACHMENTS: Select Page References from Comprehensive Annual Financial Report: 1. Independent Auditor's Report (pages 13-14) 2. Balance Sheet - Governmental Funds (page 30) . 3. Statement of Revenues, Expenditures and Changes in Fund Balance-Governmental Funds (page 32) 4. General Fund-Statement of Revenues, Expenditures and Changes in Fund Balance- Budget and Actual (page 34) 5. HURF Fund-Statement of Revenues, Expenditures and Changes in Fund Balance- Budget and Actual (page 35) 6. Public Transportation Fund - Statement of Revenues, Expenditures and Changes in Fund Balance-Budget and Actual (page 36) 7. Townwide Roadway Development Impact Fees Fund - Statement of Revenues, Expenditures and Changes in Fund Balance-Budget and Actual (page 72) 8. Statement of Net Assets —Water Utility and Stormwater Utility (page 37) 9. Statement of Revenues, Expenses, and Changes in Fund Net Assets --Water Utility and Stormwater Utility (page 38) 10. Statement of Cash Flows (page 39) 11. Full Copy — Fiscal Year Ended June 30, 2005 — Comprehensive Annual Financial Report "a G:\COUNCIL\Audit 6-3 0-05.doc TOWN OF ORO VALLEY ;OUNCIL COMMUNICATION PAGE 4 OF 4 RECOMMENDATION: The Town's Finance and Bond Committee and staff recommend acceptance of the financial audit for the fiscal year ended June 30, 2005. SUGGESTED MOTION: I make a motion to accept the Town's financial audit for the fiscal year ended June 30, 2005. or I move to... Stacey Lemos Finance Director David L. Andrews Assistant Town Manager Chuck Sweet Town Manager G:\COUNCIL\Audit 6-3 0-05.doc TOWN OF ORO VALLEY —,OUNCIL COMMUNICATION MEETING DATE: December 1, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Town Council Acceptance of the Town's Financial Audit for the Fiscal Year Ended June 30, 2004 • SUMMARY: • The certified public accounting firm of Cronstrom & Trbovich has completed the financial audit of the Town for the fiscal year ended June 30, 2004. The financial audit was conducted in accordance with generally accepted auditing standards and the auditors have rendered an opinion that the Town's general purpose financial statements fairly present the Town's financial position as of June 30, 2004. At the October 25, 2004 Budget and Bond Committee meeting, committee members were presented with the results of the Town's audit. The committee recommended forwarding the audit to Council with a recommendation for acceptance. Mr. Dennis Osuch, partner in the firm of Cronstrom & Trbovich, is here this evening to present an )verview of the audit to the Council and answer any questions the Council may have. ANALYSIS: The following is an overview of the Town's financial operations for the fiscal year ended June 30, 2004: b At June 30, 2004 the General Fund's unreserved/undesignated fund balance was $8,974,342 which increased by $1,402,395 or 18.5% compared to last fiscal year (page 30). The following items account for the increase: Revenues in excess of expenditures $959,392 Payment received from OV Water Utility For Payoff of Advance 330,729 Reduction of Long-Term Compensated Absences 112,274 Total $1,402,395 .> General Fund revenues exceeded budget by $1,856,701 primarily related to local sales taxes ($941 K), residential building permit fees ($361 K), commercial building permit fees ($204 K) and charges for services which include court costs, recreational fees and zoning and subdivision fees $231K (page 34). G:\COUNCIL\Audit 6-30-04.doc TOWN OF ORO VALLEY :OUNCIL COMMUNICATION PAGE 2 OF 4 * General Fund expenditures were below budget by $759K (excluding contingency reserves of $5,512,307). Several capital improvement projects totaling $440,919 were carried forward to fiscal year 2004/05 (page 34). b The Highway Fund's fund balance increased by $437K. Several road and street improvement projects were not completed in this fiscal year (page 35). * The Public Transportation Fund's (Coyote Run) fund balance was $97,987. $102K was transferred to this fund from the General Fund (page 36). * The Townwide Roadway Development Impact Fees Fund has a fund balance of$10,549,937. The Town received a HELP Loan in the amount of$5M from the Arizona Department of Transportation for the La Canada Drive Widening project (page 68). The following is the financial position of the Oro Valley Water Utility at June 30, 2004: * Revenues exceeded budget by $2,640,060 primarily related to water sales ($220K), ground water preservation fee ($402K), water connection fees ($749K) and capital contributions ($840K). v Expenses were under budget by $1,157K primarily in the following line items: outside professional services ($469), depreciation ($144K) and bond issuance costs ($493K). v Capital contributions of$840,096 are for line extension agreements with developers (page 38). * Net income of $3,244,676 and capital contributions of$840,096 increased retained earnings by $4,084,772. Total net assets at year end totaled $21,440,939 which includes $5,607,571 in capital contributions (page 38). b At June 30, 2004 the combined statement of cash flows-all proprietary fund types reflected the following cash balances (page 39): Operating Cash-Oro Valley Water Utility $4,654,780 Operating Cash-Stormwater Utility 247,494 Cash held by Trustee for debt service payments 3,191,274 Cash Project Improvements — 2000 Water Dev Fees 1,080,428 Cash Project Improvements — 2003 Sr. Lien Oblig. 24,802,197 Debt Service Reserve Fund 2,343,593 Total $36,319,766 G:\COUNCIL\Audit 6-30-04.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 3 OF 4 ATTACHMENTS: Select Page References from Comprehensive Annual Financial Report: 1. Independent Auditor's Report (pages 13-14) 2. Balance Sheet - Governmental Funds (page 30) 3. Statement of Revenues, Expenditures and Changes in Fund Balance-Governmental. Funds (page 32) 4. Statement of Revenues, Expenditures and Changes in Fund Balance-Budget and Actual (page 34) 5. HURF Fund-Statement of Revenues, Expenditures and Changes in Fund Balance- Budget and Actual (page 35) 6. Public Transportation Fund - Statement of Revenues, Expenditures and Changes in Fund Balance-Budget and Actual (page 36) 7. Townwide Roadway Development Impact Fees Fund - Statement of Revenues, Expenditures and Changes in Fund Balance-Budget and Actual (page 68) 8. Statement of Net Assets —Water Utility and Stormwater Utility (page 37) 9. Statement of Revenues, Expenses, and Changes in Fund Net Assets —Water Utility and Stormwater Utility (page 38) 10. Statement of Cash Flows (page 39) 11. Full Copy — Fiscal Year Ended June 30, 2004 — Comprehensive Annual Financial Report G:\COLTNCIL\Audit 6-30-04.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 4 OF 4 RECOMMENDATION: The Town's Budget and Bond Committee and staff recommend acceptance of the financial audit for the fiscal year ended June 30, 2004. SUGGESTED MOTION: I make a motion to accept the Town's financial audit for the fiscal year ended June 30, 2004. or I move to... David L. Andrews Finance Director Chuck Sweet Town Manager G:\COUNCIL\Audit 6-30-04.doc TOWN OF ORO VALLEY;ARIZONA COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30,2008 • Prepared by: Finance Department Stacey Lemos, CPA Finance Director J• • FUND FINANCIAL STATEMENTS Page 25 TOWN OF ORO VALLEY,ARIZONA BALANCE SHEET-GOVERNMENTAL FUNDS JUNE 30,2008 Oracle Road General HURF Debt Service ASSETS Cash and cash equivalents $ 15,945,022 $ 3,431,023 $ . 98,759 Taxes receivable 1,501,734 Accounts receivable 371,923 695,464 Intergovernmental receivable 536,207 243,133 Special assessments 3,565,000 Interest receivable 37,015 12,884 Prepaid iter ns 26,734 Total assets $ 18,418,635 $ 4,382,504 $ 3,663,759 • LIABILITIES AND FUND BALANCES Liabilities: Accounts payable $ 893,017 $ 317,864 $ 1,800 Accrued wages and benefits 505,849 47,665 Intergovernmental payable 68,255 Interest payable Deferred revenue 235,075 3,565,000 Customer deposits payable 50,051 202 Total liabilities 1,752,247 365,731 3,566,800 Fund balances: Unreserved: Undesignated 16,666,388 4,016,773 96,959 Unreserved reported in: Spe,ial revenue funds Debt lrvice funds Capital projects funds Total fund balances 16,666,388 4,016,773 96,959 Total liabilities and fund balances $ 18,418,635 $ 4,382,504 $ 3,663,759 • The notes to the financial statements are an integral part of this statement. Page 26 Townwide Roadway Non-Major Total Development Municipal Governmental Governmental Impact fees Building Funds Funds $ 8,042,863 $ 5,912,584 $ 3,478,538 $ 36,908,789 1,501,734 1,577,985 79,288 2,724,660 779,340 3,565,000 18,487 4,841 73,227 26,734 $ 9,639,335 $ 5,912,584 $ 3,562,667 $ 45,579,484 $ 827,737 $ 14,351 $ 211,344 $ 2,266,113 • 8,275 561,789 • 72 68,327 222,369 222,369 ... 3,800,075 yl 750,476 800,729 1,050,106 14,351 970,167 7,719,402 8,589,229 5,898,233 35,267,582 • 1,517,419 1,517,419 166,519 166,519 908,562 908,562 8,589,229 5,898,233 2,592,500 37,860,082 $ 9,639,335 $ 5,912,584 $ 3,562,667 $ 45,579,484 Page 27 (This page intentionally left blank Page 28 TOWN OF ORO VALLEY,ARIZONA RECONCILIATION OF THE BALANCE SHEET-GOVERNMENTAL FUNDS TO THE STATEMENT OF NET ASSETS JUNE 30,2008 Totalg overnmental fund balances $ 37,860,082 Amounts reported for governmental activities in the Statement of Net Assets are different because: Capital assets used in governmental acitivities are not financial resources and therefore are not reported in the funds. Governmental capital assets $ 180,215,398 Less accumulated depreciation (41,290,008) 138,925,390 Special assessments receivable are not available to pay for current period expenditures and therefore are not reported in the funds. 3,565,000 Deferred items related to the issuance of bonds are amortized over the life of the associated issuance in the government-wide statements but not reported in the funds. Deferred bond charges 812,250 Deferred bond premium (109,604) :702,646 Long-term liabilites are not due and payable in the current period and therefore are not reported in the funds. • Special assessment bonds (3,565,000) Revenue bonds (12,183,046) Loans payable (8,000,000) Compensated absences (1,356,336) (25,104,382) Net assets of governmental activities $ 155,948,736 The notes to the financial statements are integral part of this statement. Page 29 TOWN OF ORO VALLEY,ARIZONA STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES- GOVERNMENTAL FUNDS YEAR ENDED JUNE 30,2008 Oracle Road Debt General Fund HURF Service Revenues: Sales taxes $ 13,278,681 $ 2,639,189 $ Franchise taxes 516,652 Impact fees Special assesments 193,023 Intergovernmental 11,773,977 3,698,292 Licenses,fees&permits 2,761,145 31,539 Fines,forfeitures&penalties 294,577 Charges for services 983,094 Contributions and donations Investment earnings 744,393 187,687 172,787 Other 276,611 78,889 Total revenues 30,629,130 6,635,596 365,810 Expenditures: Current- General government 7,992,477 Public safety 13,511,713 Highway and streets 3,549,525 Culture and recreation 3,291,775 Capital outlay 1,684,902 2,037,942 Debt service- Principal retirement 195,000 Interest and fiscal charges 180,439 Total expenditures 26,480,867 5,5872467 375,439 Excess(deficiency)of revenues over expenditures 4,148,263 1,048,129 (9,629) Other finar'ing sources(uses): Loan proceeds Transfers in Transfers out (5,959,581) (678,370) Total other financing sources(uses) (5,959,581) (678,370) Changes in fund balances (1,811,318) 369,759 (9,629) Fund balances,beginning of year 18,477,706 3,647,014 106,588 Fund balances,end of year $ 16,666,388 $ 4,016,773 $ 96,959 The notes to the financial statements are an integral part of this statement. Page 30 Townwide Roadway Non-Major Total Development Governmental Governmental Impact Fees Municipal Building Funds Funds $ $ $ 1,251,128 $ 17,168,998 516,652 910,741 910,741 193,023 5,198,172 1,193,434 21,863,875 . 2,792,684 97,344 391,921 57,600 1,040,694 249,999 249,999 339,628 31,773 114,386 1,590,654 172,191 28,099 555,790 • 6,620,732 31,773 2,991,990 47,275,031 775,019 8,767,496 37,457 13,549,170 6,925 551,421 4,107,871 32,291 3,324,066 7,014,301 672,370 1,680,798 13,090,313 2,500,000 708,102 3,403,102 224,994 502,225 907,658 9,746,220 672,370 4,287,313 47,149,676 (3,125,488) (640,597) (1,295,323) 125,355 8,000,000 8,000,000 5,752,000 2,695,951 8,447,951 (210,000) (6,847,951) 8,000,000 5,752,000 2,485,951 9,600,000 4,874,512 5,111,403 1,190,628 9,725,355 3,-14,717 786,830 1,401,872 28,134,727 $ 8,589,229 $ 5,898,233 $ 2,592,500 $ 37,860,082 Page 31 1 (This page intentionally left blank Page 32 TOWN OF ORO VALLEY,ARIZONA RECONCILIATION OF THE STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES-GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES YEAR ENDED JUNE 30,2008 Net changes in fund balances-total governmental funds $ 9,725,355 Amounts reported for governmental activities in the Statement of Activities are different because: • Governmental funds report capital outlays as expenditures. However,in the Statement of Activities, the cost of those assets is allocated over their estimated useful lives as depreciation expense. Expenditures for capital assets $ 12,682,664 Less current year depreciation (4,186,143) 8,496,521 Capital assets contributed by developers to the Town are not recorded in the governmental funds as they do not provide current financial resources but are recognized in the Statement of Activities as program revenues. 4,422,015 Special assessment revenues in the Statement of Activities do not provide current financial resources and therefore are not reported as revenues in the governmental funds. (195,000) The issuance of long-term debt provides current financial resources to governmental funds,but the issuance increases long-term liabilities in the Statement of Net Assets. (8,000,000) Repayment of debt principal are expenditures in the governmental funds,but the repayment reduces long-term liabilities in the Statement of Net Assets. Loan principal retirement 2,500,000 Bond principal retirement 903,102 3,403,102 Some expenses reported in the Statement of Activities do not require the use of current financial resources and therefore are not reported as expenditures in governmental funds. Amortization of deferred charges (79,416) Compensated absences (234,425) Loss on disposal of capital assets (132,103) (445,944) Change in net assets in governmental activities $ 17,406,049 The notes to the financial statements are integral part of this statement. • Page 33 r- VUOINV',WOW WU M . ' 2 Alc.-74:g•rpgelaT4,11.1") avow rIDV110 1.1.3.101 .< 6 :ttil'i '' ,•,••,. ..,.•, ,..•,..,$$$$$ il I I N I ) IIIV)il\r.)NIA ‘ ':) .. , . _ :I NVid ILIS ,.) ii 6 "•,'. .): ' 1 "" 41°V AM V ; vod sod Lwow lli i! 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