Loading...
HomeMy WebLinkAboutPackets - Council Packets (764) ** AMENDED (03/13/09, 4:00 p.m.) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION MARCH 25, 2009 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE 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 mayconsider 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 addressthe Mayor and Town Council on any issue not listed on today's y 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 g or respond a future agenda, and to criticism made by speakers. However, the Mayor and Council maynot discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify whaty ou wish to discuss when completing the blue speaker card. PRESENTATIONS: Pause for Paws 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes - 02/04/09; 2/11/09; 2/25/09 B. Economic Development Division Monthly Report — February 2009 C. Metropolitan Tucson Convention & Visitors Bureau Quarterly Report: October — December 2008 D. Mayor & Council Trip Reports - March 2009 E. Fiscaly ear 2008/09 Financial Status Report through February, 28, 2009 03/25/09 Agenda, Council Regular Session 2 F.** '-- - - =-=- - = ---- --= �-• •• •"' ` (Removed from Agenda) G.** Resolution No. (R)09-15 Authorizing the Water Utility Department artment of the Town of Oro Valley to apply for a Drinking Water Revolving Fund Loan from the Water Infrastructure Finance Authority of Arizona (WIFA) for the Oro Valley Water Utility Phase 1 Existing System Improvement Projects and the Northwest Water Providers Central Arizona Project (CAP) Water Delivery System Design Project Y g 2. PRESENTATION ON THE PINAL COUNTY COMPREHENSIVE PLAN, BY KEN BUCHANAN, ASSISTANT COUNTY MANAGER AND JERRY STABLEY, PLANNING AND DEVELOPMENT DIRECTOR AND CONSIDERATION AND POSSIBLE ADOPTION OF RESOLUTION NO. (R)09-16 ENDORSING AND SUPPORTING THE DRAFT PINAL COUNTY COMPREHENSIVE PLAN 3. CONTINUED PUBLIC HEARING - RESOLUTION NO. (R)08-82 OV11-08-04 REQUEST TO AMEND THE GENERAL PLAN FOR PORTIONS OF RANCHO VISTOSO, NEIGHBORHOOD 5, GENERALLY BOUNDED ON THE NORTH BY RANCHO VISTOSO BOULEVARD, ON THE EAST BY BIG WASH, ON THE SOUTH BY TANGERINE ROAD AND ON THE WEST BY RANCHO VISTOSO BOULEVARD (CONTINUED FROM FEBRUARY 4, 2009) Explanation: Vistoso Partners, represented by The WLB Group is requesting approval of a General Plan amendment. 4. PUBLIC HEARING - ORDINANCE NO. (0)09 - 03 OV9-04-02 REQUEST FOR APPROVAL OF A REZONING REQUEST BY THE PLANNING CENTER REPRESENTING DESCO SOUTHWEST, LLC, TO CHANGE THE DESIGNATION OF THE EXISTING WASH ON THE WESTERN BOUNDARY OF THE MILLER RANCH DEVELOPMENT FROM SINGLE FAMILY RESIDENTIAL (R1-144) TO PARKS AND OPEN SPACE (POS), LOCATED ON THE NORTHWEST CORNER OF LA CANADA DRIVE AND TANGERINE ROAD Explanation: Desco Southwest LLC, represented by The Planning Center is requesting approval of a rezoning change. 03/25/09 Agenda, Council Regular Session 3 5. DISCUSSION AND/OR POSSIBLE ACTION REGARDING AMENDING SECTION 10.3 OF THE TOWN COUNCIL PARLIAMENTARY RULES AND PROCEDURES TO LIMIT DEBATE TO FIVE MINUTES PER MEMBER ON ANY ITEM 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 41116. POSTED: 03/06/09 AMENDED AGENDA POSTED: 03/13/09 4:00 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. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk's Office at least five days prior to the Council meeting at 229- 4700. 03/25/09 Agenda, Council Regular Session 4 INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. For the record, please state your name and whether or not you are a Town resident. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. OPFRA GUILD Or SOUTI-1 [Phi APIZONA TUCSON. ARIZONA (kw FEB 2 0 2008 OPERA GUILD SOUTHERN ARIZONA 4 %a1918 February 17 101 Mayor Paul Loomis Town of Oro Valley 11000 La Canada Drive Oro Valley, Az 85737 Dear Mayor Loomis : I enclose p. 3 of ORO VALLEY VISTA February which has a notice of our preview of Arizona Opera' s "Don Giovanni" given at the Oro Valley Public Library. I am writing to say that the Opera Guild would be opposed to the elimination of the Towgls control of our Library. 41161, We are very comfortable having our Say Hello to Opera previews at the library and doubt that we could find as amenable a location. in our area. Our previews are well attended and always engender enthusiastic comments. Hoping for your careful. consideration, I am Sincerely, .1‘ Eliza th Chadwick Chair, Previews Copy: Carolyn Lytle, O.V. P.L. _ " 1\poor Enclosures TO STIMULATE APPRECIATION OF OPERA * AT ALL ACE LEVELS * TO ENCOURAGE PARTICIPATION IN OPERA • • A DRAFT MINUTES• ORO VALLEY TOWN COUNCIL REGULAR SESSION February 4, 2009 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER - 6:00 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 PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. New UPCOMING MEETING ANNOUNCEMENTS Building Safety Director Suzanne Smith reviewed the upcoming meetings and events. COUNCIL REPORTS Vice Mayor Carter reported that he attended a meeting regarding the road work on Oracle Road (Tangerine Road up to the Pima/final county line). He expressed concerns regarding the wildlife corridors. He stated that public comments would be accepted until February 26th. DEPARTMENT REPORTS Town Engineer Craig Civalier reported that on February 15th, the express services for the Sun Tran routes (Rancho Vistoso to Raytheon and Rancho Vistoso to downtown Tucson) would begin. He also reported that the grand opening for the Rancho Vistoso Park and Ride would be held on Monday, March 2nd and that the Park and Ride pullouts by CDO Riverfront Park have been completed. Mr. Civalier also reported that there would be a ribbon cutting for the La Canada Road widening project on February 12th at 8:30 a.m. 02/04/09 Minutes, Town Council Regular Session 2 . Planning and Zoning Director Sarah More reported that she, Mayor Loomis and Assistant Planning and Zoning Director Paul Popelka attended an Arizona Department of Commerce workshop on the Smart Growth Scorecard which relates to the Town's sustainability goals. Communications Specialist Kelsey Hanson reported that Council Member Kunisch would be holding a "Council on your Corner" session at Ike's Farmers Market Saturday, February 7th. TOWN MANAGER'S REPORT - No report. ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING There being no objections, Mayor Loomis moved Item 6 up on the agenda to follow the Consent Agenda. CALL TO AUDIENCE Geri Ottoboni, Oro Valley resident, expressed concerns regarding a recent Comcast broadcast incident and requested that the Council consider another cable company. PRESENTATIONS - PAUSE FOR PAWS Lane Davidson from the Foundation for Animals in Risk (FAIR) introduced Scooby Doo and Scrappy Doo, 7-week old puppies that would be available for adoption at the Petsmart located at Pantano and Broadway. 1. CONSENT AGENDA At the request of Council Member Abbott, Mayor Loomis pulled Item 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 Item F. MOTION carried, 7-0. A. Minutes - 01-14-09 B. Building Safety Activity Report - December 2008 C. Coyote Run Monthly Transit Report - December 2008 D. Public Safety Fire and Emergency Medical Service Providers Quarterly • • 02/04/09 Minutes, Town Council Regular Session 3 Report to Council - October 1, 2008 to December 31, 2008 1111 E. Approval of request for co-sponsorship of a Homeowner Association Seminar with the Town of Oro Valley, Town of Marana and the Southern Arizona Chapter of Community Associations Institute meeting scheduled for Saturday, April 4, 2009 from 8:00 a.m. to 12:00 p.m. F. Approval to modify and increase the adopted FY 2008/09 travel budget for Mayor Paul Loomis (Pulled for discussion) Discussion followed regarding the requested increase, concern with budget numbers, reviewing and possibly suspending out of state travel, sliding travel monies from other Council Member's travel budgets over to the Mayor's, and making sure that we are not deviating from budget amounts. MOTION: A motion was made by Council Member Kunisch and seconded by Council Member Abbott to approve the requested $2500.00 increase for Mayor Loomis' travel budget taking $1250.00 from Council Member Kunisch's travel budget and $1250.00 from Council Member Abbott's travel budget. MOTION carried, 4-3 with Vice Mayor Carter, Council Member Garner, and Council Member Latas opposed. G. Appointment of Sam McClung to the Historic Preservation Commission with term effective February 4, 2009 - July 31 , 2009 6. CONSIDERATION AND POSSIBLE ACTION REGARDING ESTABLISHING THE ORO VALLEY PUBLIC LIBRARY REVIEW COMMITTEE TO EXPLORE THE OPTIONS AVAILABLE TO THE TOWN FOR LIBRARY SERVICES Town Librarian Jane Peterson stated that at the January 14th Study Session, Council expressed interest in creating a citizen-driven Library Review Committee to explore options available to the Town for operations and funding for the library. She explained that items to be considered included: legislative actions regarding library districts and imposing a levy, renegotiating the Intergovernmental Agreement (IGA) with Pima County, maintaining the affiliate status or turning all operations and costs over to the County, identifying a potential dedicated funding source, taxes to support cost to maintain affiliate status and consideration of library user fees to generate revenue. MOTION: A motion was made by Council Member Latas and seconded by Council Member Kunisch to establish the Oro Valley Library Review Committee and to appoint the nominees as submitted to review library operations and make a final report and any recommendations to the Council by the end of the fiscal year, June 30, 2009. (Appointees: J.R. Johnson, Jayne Kuennemeier, Doug 02/04/09 Minutes, Town Council Regular Session 4 McKee, Susan Mears, John Musolf, Kathy Pastryk, Gene Riser, Alistair Innes, Jan Norbury, Jane Peterson, Mary Kim Dodson, Nancy Ledeboer, Sharla Darby). MOTION carried, 7-0. 2. PUBLIC HEARING - CONSIDERATION AND POSSIBLE RECOMMENDATION TO STATE LIQUOR BOARD FOR APPROVAL OF AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR RED LOBSTER #6350 LOCATED AT 11695 N. ORACLE ROAD IN THE ORO VALLEY MARKET PLACE Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: A motion was made by Council Member Abbott and seconded by Council Member Kunisch to recommend approval of the issuance of the Series 12 Liquor License to the Arizona State Liquor Board for Mr. John Knapp and principals at Red Lobster #6350 located at 11695 N. Oracle Road. MOTION carried, 7-0. 3. CONTINUED PUBLIC HEARING - RESOLUTION NO. (R)08 - 82 REQUEST TO APPROVE A GENERAL PLAN AMENDMENT FOR PORTIONS OF RANCHO VISTOSO NEIGHBORHOOD 5, GENERALLY BOUNDED ON THE NORTH BY RANCHO VISTOSO BOULEVARD, ON THE EAST BY THE BIG WASH, ON THE SOUTH BY TANGERINE ROAD, AND ON THE WEST BY RANCHO VISTOSO BOULEVARD (OVII-08-04) (CONTINUED FROM DECEMBER 3, 2008) MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Carter to continue consideration of Resolution (R)08-82 to the March 18, 2009 Council meeting (as requested by the applicant). MOTION carried, 7-0. 4. DISCUSSION AND CONSIDERATION OF FUNDING REQUEST BY THE GREATER ORO VALLEY ARTS COUNCIL FOR THE 2009 INDEPENDENCE DAY CELEBRATION (Continued from January 21, 2009) Finance Analyst Art Cuaron explained that the Greater Oro Valley Arts Council (GOVAC) has requested an additional $50,000 to fund the 2009 Independence Day celebration (due to the timing of the 2009/10 Community Funding award 02/04/09 Minutes, Town Council Regular Session 5 which would occur after the event). He explained that any future requests would follow in the Community Funding cycle. Mr. Cuaron further stated that if the Council approves the funding, GOVAC has requested receipt of the additional funds on or before July 3rd. He also reported that due to the current economic situation, the Town Manager has recommended that funding not exceed $25,000. Kate Marquez, GOVAC, explained that under the new rules, organizations must apply and pay for in-kind fees (i.e. police services, permit fees) and it has been reported by Town staff that those fees amount to over $30,000. She stated that without additional Town funding, GOVAC may not be in a position to hold the event. Further discussion followed regarding last year's funding and the Community Funding cycle, in-kind fees (for services provided by the police department, park services, permit fees), obtaining a title sponsor for the event, holding the event at the Oro Valley Marketplace, shuttle services and parking and police services at Town parks. Mayor Loomis opened the floor for public comment. Geri Ottobani, Oro Valley resident, stated that she did not think that people could see the fireworks from the Oro Valley Marketplace. MOTION: A motion was made by Council Member Kunisch and seconded by Council Member Abbott to approve the Greater Oro Valley Arts Council request in the amount of $25,000 for the 2009 Independence Day celebration. Council Member Latas stated that she appreciated the need to get the funding upfront but the Community Funding process has been established and she felt that GOVAC was circumventing the process. She also stated that with the projected 2009/10 budget deficit, she could not support the motion. Mayor Loomis clarified that GOVAC's request of $25,000 would be in addition to the 2008/09 Community Funding award and that their next funding request would include a request for funding of the 2010 July 4th event. Council Member Gillaspie commented that the Town gave GOVAC $25,000 for last year's event that was held in the park (which he felt was the preferred venue). He questioned why the event could be held last year at the park for $25,000 but now, GOVAC is saying that amount is not sufficient. Ms. Marquez explained that the $25,000 did not include the Town's in-kind services but that this year, they would have to pay for police services, etc. She also explained that they were working with the Hilton to accommodate better viewing of the fireworks from the Oro Valley Marketplace. She also stated 02/04/09 Minutes, Town Council Regular Session 6 that the Oro Valley Marketplace would better accommodate the guests that attend. In response to a question from Council Member Gillaspie regarding in-kind services, Finance Director Stacey Lemos explained that there was some confusion last year regarding in-kind services. She stated that the process was not changed but that clarification was provided by Town staff regarding in- kind services. She explained that last year, in-kind services were tracked internally and that there were budgetary costs realized when town staff is utilized. Further discussion followed regarding: - All Town departments have been asked to cut back this fiscal year and next fiscal year. - The Town may be paying for entertainment verses holding swimming lessons for children. - Town Manager has stated that the Town's budget for this fiscal year would be balanced. - This is a community-wide event. - GOVAC's budget for the event is $41,200. - Police Department operation plan has not been developed so they don't have projected costs for this year. - Changing the nature of the annual event. MOTION failed, 3-4 with Vice Mayor Carter, Council Member Garner, Council Member Gillaspie, and Council Member Latas opposed. 5. PUBLIC HEARING - RESOLUTION NO. (R) 09- 08 OV8-08- 03, REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT (CUP) TO SUNWAY HOTEL GROUP, INC. FOR A SECOND HOTEL LOCATED WITHIN THE EL CORREDOR DEVELOPMENT AT THE NORTHEAST CORNER OF ORACLE ROAD AND LINDA VISTA BOULEVARD Explanation: The proposal consists of a two-story hotel on the southern portion of the El Corredor development on approximately 7.25 acres. The property is zoned C-1, Commercial District. Don Culbertson, Sunway Hotel Group, explained that the Homewood Suites Hotel would be built on the north end and they are proposing to build a Marriot Springhill Hotel on the southern portion of the same site (located at the northeast corner of Oracle Road and Linda Vista Boulevard). Dave Collins from Thalden, Boyd, Emery Architects, reviewed the site plan, conceptual floor plans, exterior renderings and architectural elements of the proposed hotel. He explained that the proposed heights comply with the Town's Zoning Code requirements. • - 02/04/09 Minutes, Town Council Regular Session 7 Discussion followed regarding: - Height of hotel and architectural embellishments. Distance between the two hotelsro osed for the site (approximately 150 p p feet between the two structures with a roadway between them). Planning and Zoning Administrator Sarah More explained that the final development plan for this site has not been completed but the plan as currently presented is in compliance with C-1 zoning and the Oracle Road Scenic Corridor Overlay District (ORSCOD). Ms. More reported that the Planning and Zoning Commission has recommended approval and that staff finds the proposed CUP in compliance with current Zoning Code requirements and also recommends approval with conditions. Discussion followed regarding: Lighting and impact to residents. - Development plan for hotel on northern portion of the property is approximately 90% complete with plans to open before February 2010. - Demand for additional hotel - (Input from business owners and previous Economic Development Administrator noted that there is a need for hotel spaces. Developers have knowledge of market). - Conditional use permit is in conformance with C-1 zoning criteria. - Compliance with floor area ratios as they relate to ORSCOD. - Public access to trailhead and horse trail. fr Now Mayor Loomis opened the public hearing. Joe Barr, Oro Valley resident, stated that he lives directly behind the first phase of the project and he supports the proposal. He stated that Sunway Hotel Group people have met with the neighbors and addressed concerns regarding lighting and other items. He also stated that the horse trail easement is not impacted. Barbara Alrich, Oro Valley resident, commented that she was the liaison between the neighborhood and developers and that the developer has worked very well with the neighbors. She stated that the developer has provided a 30-foot ingress/egress pedestrian/horse trail (part of which is a utility easement). She further explained that the neighbors' concerns were all addressed in the conditions. Mayor Loomis closed the public hearing. MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to adopt Resolution (R)09-08, 0V8-08-03, Sunway Hotel Group represented by Manning Construction request for a conditional use permit for a second hotel within the El Corredor Development subject to the conditions in Exhibit A with the following additional conditions: 1) the lighting in the back will • be restricted to 8 feet, 2) the vendor be restricted to the Marriott as stated, 3) 02/04/09 Minutes, Town Council Regular Session 8 signage for the building shall not be visible to the residents to the east, 4) landscaping along the east wall - try to achieve a solid tree canopy and shrub coverage to prevent tagging and, 5) it be restricted to three years and subject to renewal if it has not begun construction. EXHIBIT "A": 1) The master site plan includes deficiencies with regards to traffic circulation, location of passenger drop off/loading zones and pedestrian connectivity. Further code compliance and revisions must be incorporated as part of the development plan process. 2) The following conditions as agreed to in the previous approval for the hotel to the north and as acknowledged in the neighborhood meeting must be achieved: - An 8-foot high screen wall and dense vegetation (overlapping tree canopy) be achieved along the eastside property line. No openings for pedestrian access through the wall. - Vegetation to be provided on the east side of the wall to soften views. - Lighting at the rear of the hotel to be low profile lighting and be limited to eight (8) feet at the back portion of the property. - No dumpsters to be located along the east side property line. 3) A 50-foot landscape buffer must be provided on the east side of the property. 4) A 130-foot building setback must be provided on the east side of the property. 5) The proposed 8 foot high screen wall must be build as early as construction will allow. This must be in conformance with the timing requirements as specified in the Zoning Code. MOTION carried, 7-0. 7. FUTURE AGENDA ITEMS Council Member Abbott - Requested consideration and possible action to limit/suspend all out of state travel effective immediately and to place it on the next Council meeting agenda (February 18th). Seconded by Council Member Kunisch. Council Member Garner — Requested that the Water Director provide the status of the Water Meter Supervisor and the replacement of meters for larger commercial development. Seconded by Council Member Abbott. CALL TO AUDIENCE Philip Richardson, Oro Valley resident, commented on the increase in fire protection fees. He expressed concerns regarding Golder Ranch Fire District taking over Rural Metro's fire services and stated that he is sending a petition to 3,000 homeowners regarding fire coverage. 02/04/09 Minutes, Town Council Regular Session 9 ADJOURNMENT MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to adjourn at 8:01 p.m. MOTION carried, 7-0. Prepared by: Roxana Garrity, CMC 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 4th day of February 2009. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2009. Kathryn E. Cuvelier, CMC Town Clerk AN\ MINUTES • ORO VALLEY TOWN COUNCIL TOWN COUNCIL/HISTORIC PRESERVATION COMMISSION JOINT STUDY SESSION February 11, 2009 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER - at 5:30 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor K.C. Carter, Vice Mayor Paula Abbott, Council Member — via telephone Bill Garner, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Salette Latas, Council Member Historic Preservation Commission Present: Robert Baughman, Chair Daniel Zwiener, Vice Chair Sam McClung, Member Lois Nagy, Member Patrick Foley, Member Excused: Valerie Pullara Patricia Spoerl 1. Discussion of Cultural Resources Inventory with the Historic Preservation Commission Planning Administrator Paul Popelka presented the item. He stated that there were two specific goals in the General Plan that drove the Historic Preservation Commission (HPC): • Cultural Resource Protection • Community Education He informed Council of the duties the Preservation Code required of the Commission: • Maintain and enforce the Code • Identify, promote and register landmarks and districts in the Town o Currently in the process of registering Steam Pump Ranch • Survey significant resources o Most important aspect of the commission along with informing and educating the public • Promote appreciation for Oro Valley's heritage 2/11/2009 Minutes, Town Council Study Session 2 He presented the reasons for conducting a resources inventory: • Identify cultural resources; historic and pre-historic • Create community awareness • Aid community planning He stated that the project would consist of: • Archival research o The Environmentally Sensitive Land Ordinance (ESLO) team would research the archeological resources o HPC's consultant would conduct the records research for historic resources. He stated that when the research is complete: • An historic narrative would be created • All of the resources would be catalogued • The consultant would help the HPC to determine the most significant sites. He explained that the survey would also create a preservation plan to include: • How to maintain properties • Determine the condition of the sites Mr. Popelka stated that: • Public outreach was important throughout the entire process • Two open house forums would be scheduled • A road show could be developed to display the history • A public meeting would be scheduled with Council to review the results of the final study • Council had budgeted $50,000 for this project • Projected completion time was projected at 6-8 months • Selection of a consultant would be brought before the HPC in March • The first open house would be held Summer 2009 • The intent was to complete as much as possible in the 2008/2009 fiscal year. Chair Baughman noted that there was no "final" survey as it would be a living document. Discussion noted the following: • Ramifications of delaying the survey until the current economic climate improves. o Historic sites and resources could continue to disappear if not identified and designated. • Much of the work would be conducted by the ESLO team would cut costs for this project. • Archival research will go beyond Town boundaries for the Planning area noted in the 2005 General Plan. • The survey would need to be kept current by the HPC. • This inventory is designed to find sites and resources that are not obvious as a piece of history; sites that have value that could easily be overlooked. 2/11/2009 Minutes, Town Council Study Session 3 • The historical society will have volunteers to carry forward the work conducted by the consultant. • Historic designation is voluntary. • Proposition 207 would regulate the ability of government to affect vested development rights on private property. • Identification of properties would not prohibit owners to exercise their vested rights on their property. • The Town can acquire from the owner a conservation easement or other t restrictions with appropriate developmencompensation to the owner. o Or through condemnation in order to acquire and preserve the property. • The timing of this survey would be important to the Arroyo Grande Annexation. o Identify important sites prior to development. • The Federal guideline for determination of historic importance is 50 years. o Cultural events can take place that pre-empts the age guideline. • The intent is to compile and catalog all potentially historic areas in and around the Town. o Newer developments would not need to be reviewed. • Findings will be brought to the public for input regarding what is considered to be significant. Chair Baughman explained that buying historic properties was not the norm for g desi natin properties. He noted that property owners usually request historic g designation as there are benefits associated with designation. He stated that g owners would be made aware of the benefits and limitations. He noted property that the designation and limitations carry forward to future owners. It was noted that in order to lift the designation, the property owner would need to request such action from the Town. ADJOURNMENT OF JOINT STUDY SESSION MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Carter to adjourn the Joint Study Session at 6:32 p.m. MOTION carried, 7-0. COUNCIL STUDY SESSION CALL TO ORDER - at 6:43 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor K.C. Carter, Vice Mayor Paula Abbott, Council Member — via telephone Bill Garner, Council Member 2/11/2009 Minutes, Town Council Study Session 4 Barry Gillaspie, Council Member Al Kunisch, Council Member Salette Latas, Council Member 1. Discussion of Environmentally Sensitive Lands Project Status Planning and Zoning Director Sarah More introduced the ESLO team: • Bayer Vella, Project Manager • Karen Berchtold, Assistant Project Manager • David Williams, Willdan • Lori Woods, RECON Environmental • Mary Davis, Public Outreach and Facilitation • Howard Ward, TerraSystems Southwest • Steve Moore, GIS Coordination Senior Planner Bayer Vella explained that ESL encompassed four elements: • Sonoran Desert ecosystem • Scenic Resources • Open space • Cultural resources Mr. Vella stated that these aspects must be taken into consideration when creating a plan and the ordinance. He explained that policy development and zoning requirements were necessary to synergize these elements to create effective resource preservation. He stated that the current General Plan would be the starting point due to the compilation of studies and surveys already conducted. He noted that the Arroyo Grande General Plan amendment process was a critical component. He stated that the focus was to take all of the policies and move toward implementation. He noted that the Town had documented goals and policies that direct the Town toward preservation. Mr. Vella introduced David Williams of Willdan. Mr. Williams explained that the ESL team was comprised of local people that understood Oro Valley. He stated that the team was supplemented by Town support in order to reduce Town costs. He noted that Communications Administrator Mary Davis would handle the public outreach. He stated that GIS Analyst Steve Moore would assist Howard Ward of TerraSystems Southwest, Inc. with mapping. Mr. Williams stated that the team will begin where the Town's policy ends. He introduced Lori Woods to present RECON's primary functions with the technical steps of the process: • Review and refine definitions for Significant Resource Area (SRA) o Go out in the field and review the current mapping and identify new areas of significance • Geographic focus 2/11/2009 Minutes, Town Council Study Session 5 o Areas identified for potential future rezoning ■ Arroyo Grande • An additional smaller parcel o Members of her team will walk 40 miles of terrain in order to create and refine SRA's • Participate in discussions and advise the Technical Advisory Committee. • RECON's goal is to provide a solid foundation of information that can be implemented. Mr. Williams explained that the next stage would split into two parts: • Rezoning requirements - this will be accelerated and brought back to Council for adoption due to the Arroyo Grande annexation • Zoning Code Amendments He stated that there will be checkpoints during this process to determine that the team is on track. The team will confer with legal counsel, Mayor and Council and Town management. Mr. Williams defined the three layers of input: • Technical Advisory Committee o Determines what is significant • Public Advisory Committee o Broad based representation o Provides guidance for definition • Public Input o Reviews the progress of the team o Serves to analyze if components have been missed Mr. Williams proceeded to discuss the budget for the project. He stated that the budget was reduced to $198,000 by expanding the role of Town staff. He noted that the cost encompassed 1,800 man hours for the project. Mr. Williams presented the schedule for the project: o Grande & Significant Resource Area Update February 2009 Arroyo g !March 20 Rezoning Requirements09 Zoning Code Amendments March 2009 Public Review & Revision 'Summer 2009 �............. v ._ _ ...... .,............v..:..........., .:...... . _..:..µ.__ . ........M..w.......�.....M...a.:.. Mw.w.._....w.,........r.�...w......:.........._a. .� M......M.-. ..w.,......... .. Adoption of Rezoning Requirements 'January 2010 Adoption of Amendments to Existing Zoning Code 1March 2010 Discussion ensued regarding: • The State would review the findings of this project before releasing the land for annexation • The Town has funds set aside in cash reserves as a non-recurring cost • Council Member Gillaspie disclosed that he had worked with each member of the team professionally and respected their expertise. 2/11/2009 Minutes, Town Council Study Session 6 • This project is part of the Pre-Annexation Development Agreement • Voters approved this in the 2005 General Plan • The current economic conditions versus additional costs • The two main costs for this project were attorneys' fees and the ESL. • $23,000 has been spent in legal fees to date. • Council members expressed support for moving forward with the ESL. Mr. Vella stated that the purpose for focusing on the term, "rezoning" was that each time the Town was approached with a request for rezoning, it was a blank slate. He explained that this will assist Staff by establishing criteria as well as having information on properties in the Town. Ms. More explained that the TAC would be comprised of technical experts and not the public. She noted that the TAC would periodically bring their findings to the public for input. Mayor Loomis noted that Council Members would need to nominate members for the TAC as it is an item on the first Council meeting in March. Mr. Williams stated that the approximate time commitment for members would be 10-12 meetings possibly every other week up to two hours per meeting. ADJOURNMENT MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to adjourn at 7:47 p.m. MOTION carried, 7-0. Prepared by: Christina Pickering Senior Office Specialist AF A d‘ MINUTES 111/ ORO VALLEY TOWN COUNCIL STUDY SESSION February 25, 2009 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER : 5:30 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 Memmber MOTION: Council Member Abbott moved that Item 4 be moved up to Item 1. MOTION SECONDED by Vice Mayor Carter. MOTION failed 5 - 2 with Mayor Loomis, Council Members Garner, Gillaspie, Kunisch and Latas opposed. Nib Mayor Loomis announced that the order of the Agenda would be Items 3, 1, 2 and 4. 3. Discussion regarding the Naranja Town Site Implementation Plan Concept Planning & Zoning Director Ainsley Legner presented the Naranja Town Site Implementation Plan Concept. The following three options were reviewed: 1) Hold public forums to readdress Naranja Town Site using the approved master plan as a starting point. 2) Complete a needs assessment with community, user groups and stakeholders. 3) Appoint a blue ribbon task force of residents designated by the Town Council to look at the site and recommend an implementation plan for use of the property. The Task Force would also include a council member and a management staff representative. Staff expertise would include Parks & Recreation, Finance, Building Safety/Architecture, and Engineering as well as a professional facilitator to keep the task force moving forward. Council members discussed the proposed options: - Survey likely voters to find out what options are acceptable before moving 02-25-09 Minutes, Council Study Session 2 • forward. - Due to budget shortfall and nationwide recession this item should be tabled. - Solicit ideas from citizens on website and newspapers. This should not be rushed since there is a budget crisis. - Conducting a needs assessment would be helpful. Hearing from the public and analyzing election results would be helpful. - Give this decision some time to see if possible to get private businesses to help. - Build an element of the park with volunteers. - Council show leadership by paying for a statistical survey; $18,000 to $20,000 to conduct needs analysis. - Look at needs for Oro Valley, not as a metropolitan area. - If move forward with survey, don't dwell on the details of thep ark. The proposed park master plan was a 10 year public process. A disconnect occurred between the master planning process and when it went to the ballot. - Council should stay focused on the policy, won't support making the park smaller. Election hit at wrong time; there is no rush. - Form blue ribbon committee and hold public forums and needs assessment. Let the blue ribbon committee make a recommendation to Council. - Need fresh ideas and fresh faces. Direction - bring an action item back to Council to either create a blue ribbon committee or table this issue for a year or two. 1. Discussion regarding the Environmental Sustainability Plan (TOV Green Team) Assistant Planning & Zoning Director Paul Popelka reported on the background and accomplishments of the 21 member Green Team, reviewed internal sustainability practices proposed by the team, and discussed the community outreach for development of community-wide sustainability practices. Mr. Popelka reviewed the draft Sustainability Plan entitled "Sustainability: Methods of Approach & Highlights of Success" including: - Water Conservation - Renewable Resources - What other communities are doing. - Key internal activities by other communities. - Key external activities - Rating Smart Growth - Arizona Smart Growth Scoreboard - Green team assessment of OV - 75% (In transition) - General Plan Update for Sustainability (adding an Energy Element for populations over 50,000 addressing efficient use of energy and expanded use of renewable energy) - Public Outreach for the General Plan and Sustainability programs - Public Outreach (engaging the community will start this spring) 4 02-25-09 Minutes, Council Study Session 3 Mayor Loomis suggested holding a study session where the Council and staff could complete the self assessment tool for sustainable practices (Scorecard) together. He complimented the Green Team for their work. Mayor Loomis turned the meeting over to Vice Mayor Carter and left the meeting at 6:20 p.m. Further discussion followed regarding the importance of public education, the elements of the Scorecard - responsibility and accountability, preservation of community character, stewardship of natural resources, opportunity for broad choices, essential service structure and economic development. In answer to a question, Procurement Administrator Brian Garrity and member of the Green Team explained that the Town utilizes a state cooperative contract with Waxy and that the Town and our janitorial service uses green products. The possibility of meeting with other jurisdictions to discuss the importance of coordinating regional environmental sustainability was discussed. Planning & Zoning Director Sarah More agreed and pointed out that this Plan is a significant undertaking and will be a multi-year process to integrate this into the Town's future. She stated this is the first of many presentations that the Green Team will be presenting to Council. New 2. Discussion regarding the Planning & Zoning Work Plan Vice Mayor Carter recessed the meeting at 6:50 p.m. Meeting resumed at 6:55 p.m. Planning & Zoning Director Sarah More reviewed the 2008-09 Highlights & Accomplishments with the Work Plan. Ongoing Projects and Programs 1) Administration 2) Zoning 3) Planning 4) Special Projects 5) Training 6) Citizen Planning Institute 7) Neighborhood Clean-ups and Hazardous Materials Collection 8) Annexations Workplan Projects by Priority 1) The Arroyo Grande Plan (ASCD) 2) Environmentally Sensitive Lands Project As. 3) Arroyo Grande Pre-Annexation Development Agreement 02-25-09 Minutes, Council Study Session 4 4) Master Planned Community Ordinance/Planned Area Development (PAD) for Arroyo Grande 5) Sustainability Program to include incentives for green building and town practices 6) Steam Pump Ranch Master Plan 7) Development Review Process revisions to zoning code and internal procedures 8) Zoning Code clean-up, submittal requirements, and development of standardized review checklists 9) Historic Preservation Plan 10) Steam Pump Ranch Restoration 11) Public Art 12) Landscape Code Amendment 13) Recreation Areas in residential districts 14) Neighborhood meetings revisions 15) CN Zone review 16) Sign Code 17) General Plan 2010 4. Nuclear Energy/Alternative Energy presentation by Russell Lowes, Nuclear Energy Expert Council Member Gillaspie left the meeting at 7:19 p.m. Russell Lowes, Research Director, SafeEnergyAnalyst.org gave a presentation entitled "Nuclear Energy: Too Expensive and Too Polluting - We have Better Options." Discussion included looking at an energy future that includes appropriate use of technology; an energy scenario that uses low-pollution technologies; a palette of energy solutions that foster the human relationship with nature and reasons why atomic energy plants are bad for global warming. ADJOURNMENT MOTION: Council Member Latas MOVED to adjourn the meeting at 8:10 p.m. MOTION SECONDED by Council Member Kunisch. Motion carried 5 - 0. Prepared by: Kathryn E. Cuvelier, CMC Town Clerk TOWN OF ORO VALLEY Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: March 25, 2009 TO: HONORABLE MAYOR & COUNCIL FROM: Amanda Jacobs, Economic Development Specialist SUBJECT: Economic Development Division Monthly Report SUMMARY: Attached is a status report from February 1, 2009 —February 28, 2009. ATTACHMENTS: 1. Economic Development Division Monthly Report—February 2009 ,„.7D 7 /,1)27pa,>-t Amanda Jacobs, FLco.nomic Development Specialist David Andrews, Town Manager . . 0 0 a =111E11 ' � Ia, j CI 0 CE 0 � >, O 0 o N cict ,, . .co N (\I 76 % '4 --.) E S 0 ?..N > L6 CC3 Ca. imimmi � (a ON "� O a) i � asc ,.... = , • • , , 75 > =KC 2 Li 9- E a) a) 4...., , ‘,45 ,cio < 0 CI p o co • ' U �a)'Ej U �� �W 0 a) C S2a � U il..1 ÷8 • � Q _Q N a o o :+= a '7) CD.L N mC 43 v, N � 75 N C N O a) D •- " go- o c �n N Q C � Z co 4� (i) (63 (3) Sli) o 0 — D C0 DO 0N '063 > I I I ti„„ � Q D 7 s 0 c 0 0 .g- c ED. v) -t7) 41 • 46- .m " 0 o (I) co c col ne 46 6 2 71 p tot, LOI ° a) fl "b (NI a) ÷6 > E 1-€ o C 0 (1) c < o ta • Q co iii.„.„ o r v) g C N c 0 ..c •;it O C 0) --z 0 C II= -0 M- il a 0 D X .a -15 gi 5 p ;(7) II= c-,_ 0 g10 C 6 -4-v)- -0 v) c m a *--c-5 0 5 •..... 0 0 _>_- c a) ttv a ÷E (Do .0_ r G E 0 0 cfl ?.- o .C3) o -4,°) 0 = U u 5 > .L- D C 0 a 0 ,T, >' " E r (-6 .- 0 0 u 0 v) o :=- 0111-(0 ...„ � v) c3) 0 a S.), U 0 a < ad go > 63 ,?,- -0 --) 0 tit o € --c 0 C " a - LI- C � aL > E I0 ,_:ir_ 0 C a) (1) E. c a) , ci 5 C c ,_ -- 18 .(L-) --) 2 o — 0 ,_ o a) 0 -1-1 c5 0 . o S) (") OC 0 ,_ .- 2 co o ILLI 0 it-5 L__ x 't 1.0 ?... t a 0 D C 0 0 •-f-- -1--0 "4E0 Nat. I Do E -c32 46 Z _(,2 E a 0 E 0 0 ° ° p C v) c > v) 0 0) _Q •- p 0 _Q 0 c -0 08 0 o ,. 0 0 ag dio ..is 000" __.9 e L= a) o 0 o L-- L- o ii.C2 us, tit* 2 p 0-) 0 0 . D0 (DC cO0Ec C = ° cr E -92 C) -(1) l'iliCED 05 EU = 0 < 49-- U > < E . . .4*.... 0 00 OMNI Vit C C C ,(73 C " 0 0 m (7) 0 0 X (Z2 .15 0 LU 4-- b- x 11-1 0) Qi>; C — c 0 :4= 75 0 ***- cv) o C --""Th I 0 L.. 0 6 0 V) V) 0 CT ° 0 ( o C) (1) 4---- 0 04 --' C O .CcL-- 5c 0 ) 0 D -i- C 0) c E 0 c vf, = c c = E — 7) 0 a3 0 .... c -c5 D L.. co a_ I I I w ga kii . . . ....., C,) 2 6 r (I) o ____ -§ o . 4 c- C le= •......— -§ ° 0 —C (Dooit-) c C v) c -c) 0 `63 0 r 6 (a3 -4--- coco (6c .- : 5 o c .- ..c) '(7) 0 0 c 0 S) • ..—„ -4(7.) 0 C D 0 :LE. 0 cl_o (D. •L-Dz (") 0 at O5 7) 0 0) c 0 0 tr.: 9 110 Or- or. F. ?1, C 0 (2- 4- = 8) ° 0 •(-7 5 (I I) c c C 0 0 6_ 6_ (I) 0 ,_._ E ilD L11 Q_, C 0 p .._ (0.MI Z 0 c 0 Eioogo _c -_-F_ L (1) -C) II= 7-:.-Z. •— • > D Ld .6 0 --C 0 0_ .„ 0t1\ 0) Aim .1-0 a) c < ce 0 4,-- C. dilali'v. 41 0 • IOW al0 . . o o _,_ ,siz 4----- c 0) 0 -o U � c0 _s z -5 aci D --5 _c) (63 .-f 0 v) o *5 - E r $ DD m3o —5 —I� • 71-- ,, o c v) c i §-- 0 -c ° 0 0 _,,_ --c.--._ 0 0) L._ —I— a) :E = c o 45 -5 v; E v) *E = 17- cl- -szm Liz o 0 - 0 -. >- 0 N 0 —4-- r 0 Cs — V) —C-3 McU > > a_0 1.- 5 01-_-_] 0 0 ° _c ncz -I- co ,,, --c---. ._„lay IL- N-1 o ti- 0 _s . c v) 0 oc 0 — cp ._,.., v):__. cr ._ L.,_ a- 0 0 0 L) *---- •- -4- v) D 4----1- 0 *am F., 9-4E Mt Cs 0 _I:7 ioii. vouco -i- - U. L__ .- c 0 0 E 4E D Ic.):(-5: 13 0 c c 0 ow 0 o a 0E00 It. oci017) (3) o 0 ,„_c ov) 0 0 -tie 0 .--- 1/-4- 111:( -, L--- L- .- --) z •c c o 0 4- ° (2 L-- 0 E .." ..--- .-oo ,--00 (1) --0 , co) v) C >-:= - E ci-L-j- 8 c tet D "+-- 0. ° (121) (6)) E ° _c c li. E :7- nDOi) 61L1 . . 0 -i-6 o) a) c -0 Lip: o a) m a) a) c c :i_-_ „I o 0 0 ......... E (3) o c cc3) o - F- 463 E :477 ku _i_0a� o a) 0 c .o 1-- 4-- 0 "-c-5' E t) E C :4= a_ a a) . o 0 . 0 I— 5' 0 • a) E c o ot 1-- ti S2 U N U a 0 0) 0 0 -171‘ •5 0 •, Ch 0 _swz A-- — 0 O U "c3 7,1 5— 81-- C E -H ap N 3 O 0 >, >, 0 0 ,.._ >, * o (1) --5 -7E2 0 a 2 .+_. > 0 t4= 0 E 0 D milim 0 0 C 0 -4E U 0 1 C a) L.... — o (z) 0 -1- 0 W "--' 0 -C) ° 4- -"CD > 0 ....._.... v) ......... v) ...._... ..." 08._.- I I I 1 1 . . 'taw L__ 0 C N -0 m 0 '- -2 (1) 0 >, 0 ‘'d 4- -0 ii---- -C 0 ...Q v) :i-.C_ C 0 -0 -4--->, _C 0 0 IV C))-(3 ° -46 c _CD 0 v) ---F- .(z)_ 4 ' C (I) —(5_ 0 0 _c) c _C) s_2 D > II= v) 0 c 0 a) ___ -0 0 0 r .(.- - 2' 0 Z o_ 0 4--- FE (3)> r 0 D ed c -Ic-i5 o o Lr v) 0- 0 0 — 0 r 92 0 u --(-1) oe � P_ Zr -1- c Illits Q ` -6 U N 9._) � p UC �� C � ` — ccn � p � C., U 0 0 -5: ---(2 0 °-- E? 92 0 17) ce Z_c 0 (1, -e-6 -or ° v; 5 ›- 6 -4- U p - 1-_. r- U — 0 0 - L+- 450 -C) Li_ L-- o c o ° ..c > n 5a000ff L O }o ..._ �N C (1) >, u 0 — o b- -5 c 0 .073 0 > 0 u — >- E > 0 c (11) a_� n � C � 0NU - � � N4111P E . N m5 � ON 0 -o C 0 u _+__ C -0 C v)`:04 QO "- ��- 0 Ce a) V) 0 V) 71---= 0 C - •- C 0 0 r 0 C1-46 > --0 .0 -0 V) A 01) E F- a 0 r . . 0 _i_ 0 0 -0 0 0 -6 -0 Las 17; 6 -0 0 0 u 0 (>) a , .(1) S a c 2 , C 4---- L- 73 -4- 0 > CT Lo D -I- -C) 0 0 C) r- ,_ (1) 0 ‘+___ 0 c 0 0 •5 .(i C 0 6 .--..._-._ c --- _i___ -0 0 0 a) --ci LI-6 D 0 0) d_ cm .___>_-_,„ _,4 ciC, awl, ao 0 -4- c , - --c-juou -1-E < >:-c5 -4-v) :I?: 6 .b."-- 27,E 6 .-c- 6 � o — - >U 0 Z o_ 0 4--- ,,, N a E a a 5.--< 0 , co wr_ 0)--5- C -5 (D 0 L- 00_ 02 > I e� --it , 00 0 0 -- � LL c QQ �2_) � 0 LO I UI c s_. ,...... 0) " o c o 4_ ..-z. 6 0 ÷- -,I-; < 0 u (D02 -0 (I) (i) _cc) ® — 02 2 0)1-1' 4- ocus—i- ci �C � 400_f_." �Lti � al N .� }2 U � � C .01)00„- N �, 1 U i= E o22c -- �„ �bo °_ U E- ° '--:1 ei\>'` CCir)) U Li- Ti 0 D ° 0 0 ar - 0 -c) _L...if La-) • c >. > .7) c o E u_ -0 — v) itiar 0 0 4– -0 o -0 2 .-5 c c 2 _492 c 0 ._ _,T, a L5 0 0 0e i_cp � O z.� N O � N Qn fY 0 D 0 4_.0 E cfric05 oc v) 000 0 ,.- 0) , ocop ___ ,_a) 92 .7). o r -05 c N 3 0 .P_ 0 '6 (063 ,- , _._ ,.... ---: a m (3) 0iEc - 0DCOO000EO > ido E (,./.2 >, t - o � (/) U N U El_.) '05 C 2 a) a) ` ) (r) E0 -- 04- C (D ° -c E •- 0 (r) ) 0 v -"C C =-C • C 0 0 -63 4 -§" a_ 0 0 (y) 0 0 0 •,7) *4411-- E E ° ° > cp_ .0 U _c)ex O � � O0 1 >a<) �4E- :'=,(-) a E "-c) (I) 0 o D _C "4- -a 0 V) C 0 0 (63 o +Yir+ 0 v) � N �L 110 cr, E vi o o (I) < o . o_ a) D i c3) 0 c N c a) O E 17) N a a) --siz 0 :4- a) m E O1-L- ui a U "' C >, N O U � ' � •..- -70- Lo E _, • a_ ?.. 0 -,--0 O o 0 (NI C ..... (1) f). --P >' ?2 D _L./ E a W CI_ 0 C D L 0 LI- OO (1) _C j, 0 0 LI- C 73 p -C3 -Pm 0 v) 0 ' u. L._ 0 1 0 ( ) -0 D p -Ts v) C _C C (`;', MI s--- U 0 I— 0 L5- � Un Q O :+j( r-C- U MI(63 t: OCI • E -15 -0 (r) 0 IT) C: C C 0 :4= 2 :4= Q U C (1) 0 0 • - E 0 D L*EN 0 r00H CL c p 00 a0 -,_o0 c• • C TOWN OF ORO VALLEY Crir Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: March 25, 2009 TO: HONORABLE MAYOR& COUNCIL FROM: Amanda Jacobs, Economic Development Specialist SUBJECT: Metropolitan Tucson Convention and Visitors Bureau Quarterly Report: October— December 2008 SUMMARY: The 2007/10 Financial Participation Agreement (FPA) between the Town of Oro Valley and Metropolitan Tucson Convention and Visitors Bureau(MTCVB) stipulates that a quarterly report be compiled by the MTCVB and presented to the Council in the month following the end of each calendar quarter. The enclosed report satisfies the FPA requirement for the second quarter of the 2008/09 fiscal year. ATTACHMENTS: 1. MTCVB Quarterly Report: October—December 2008 2. Resolution(R)07-73 3. MTCVB's Goals for Fiscal Year 2008/09 /7 Amanda Jacobs, Eco c Development Specialist 0.44441' David An rews, Town Manager } 414 •s, r-A-f...-..-:-,,,, O F_ N 3 :r f` NI' O M N— e. 4 10 (r) N— V I N `t coEl A 1 • e y.< cu A !•° CA COl p � ) CON- 0 .�.. >_ r LO CO dX < - C " tet- `;r T"-- 00 < st t .: c1. FAQ. I. L C Y' 4.,:'.�x LoN- '- 1'rY` '' (N 00 ` '� p t '" 1) C C UL _ r� o oO O Y „a. epi LO U CO CO te- "1'. k ee�� ((__ypa. Q ti' �, Cu Y. F " 4: 3 t'1 Pio !"'�1 � 3's'�ei. a\ •1{ ,zr C. Of4. :',, Xi- �*`{a` Esti ,-_,�-',-,--t '.yep.Vb '!;'P-'7,-:: C co ;4 ,-...,,4„,.:, �� f.,.,,:-, a. fz* Q) O CO co z--- M, 7fSR.� E CD ( i.- W , 4 ,c LTJ K;�,.:,. ,'i:'.'.`..., a) /A E. t HJ L— P-4..,••a v v J W) t� L-- W to.,,,,-, ,,, a) • > U a) .Le- .0k-it. M� ",. 0 — ;� t ( L_ _J (13 .. ... ...7-.37Pt;12:."'S... I Z}t. • RESOLUTION NO. (R) 07- 73 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING FINANCIAL PARTICIPATION AGREEMENT BETWEEN THE METROPOLITAN TUCSON CONVENTION AND VISITORS BUREAU AND THE TOWN OF ORO VALLEY WHEREAS, it has been determined that the activities of the Metropolitan Tucson Convention and Visitors Bureau ("MTCVB") are in the public interest, and are such as to improve and promote the public welfare of the Town; and WHEREAS, the Mayor and Council have determined that to financially participate in the promotion of the activities of MTCVB is a public purpose in that the activities confer direct benefit of a general character to a significant part of theP ublic; and WHEREAS, the Town desires to continue to promote a business environment in Oro Valley that enhances economic vitality and improves the quality of life for its citizenry; and WHEREAS, the Town benefits directly from MTCVB's comprehensive sales promotion . . and advertising program to attract convention delegates and vacationing tourists to the Town, thereby providing revenue to the Town; and WHEREAS, it is the intent of the Town, subject to theprovisions of state budget , . g to continue to provide funding to MTCVB as set forth herein; and WHEREAS, the Town and MTCVB desire to continue a general framework for cooperative efforts, especially the general procedures by which MTCVB will assist and carry out residential relocation, tourism promotion, business retention and business recruitment. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, authorizing the approval of the Financial Participation Agreement between MTCVB and the Town of Oro Valley (attached hereto). BE IT FURTHER RESOLVED that the Mayor and Town administrative officials are hereby authorized to take such steps as are necessary to execute and implement the terms of the Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Y Arizona this 20T11 day of JUNE 2007. TOWN OF ORO VALLEY 1110 Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Ned Town 1� � e da Garrah. -T Attorney E. Cuvelier, C o Date: \' -5`b1 Date: (-e/r , /0 Nsiid • TOWN OF ORO VALLEY FINANCIAL PARTICIPATION AGREEMENT METROPOLITAN TUCSON CONVENTION and VISITORS BUREAU 20th June 7 byand this a of , 200 , THIS AGREEMENT, made and entered into .T.._ y between the Town of Oro Valley, an Arizona municipal corporation, hereinafter called the "Town" and Metropolitan Tucson Convention and Visitors Bureau, an Arizona non- profit corporation hereinafter called the "Bureau". NOW, THEREFORE, in consideration of the foregoing, the parties do mutually agree as follows: ARTICLE 1 Section 1.1 Responsibilities of the Bureau. A. Goals Statement. The Metropolitan Tucson Convention and Visitors Bureau will initiate, implement and administer a comprehensive sales promotion and advertising p �'ro am to attract an increasing number of convention delegates and vacationing tourists to the Town, thereby providing revenues to the community through transient rental and sales taxes, and contributing to the overall economic growth and continued viability of the tourism and hospitality industry. ‘aor The Bureau agrees to actively pursue the B. 45 444' General Operational Oboe , gI' objectives outlined below throug ut the terms of this Agreement. J C. Bureau Administration 1. Provide administrative control over all Bureau programs within the guidelines established by the Bureau's Executive Committee. 2. Provide administrative and managerial direction in the planning, implementation and coordination of all Bureau operations. 3. Provide recommendations for the Bureau's financial and managerial policies to the Executive Committee. 4. Provideolicies to increase the number of major conventions and trade shows;the p volume of off-season business and to increase community awareness in the Bureau'sPm'P ose, activities and achievements in order to ensure the Bureau's base of membership funding. D. Convention Sales Attract an increasingnumber of conventions to Oro Valley,al y, particularly in the off- season (May to November)by: 1. Use of exhibit booth and sales personnel at trade shows, expositions, and conventions. 2. Personal contact, direct mail, and telephone solicitation of meeting planners and association executives. 3. Providing meeting planners and association executives with a complete tour of Oro Valley facilities and attractions. 4. Use of speaking engagements and public service announcements seeking the cooperation of local citizens in attracting organizations of which they are members to hold their conventions in Oro Valley. 5. Providing the services to conventions booked, and the coordination of the various facilities used, to ensure successful meetings and repeat business. E. Tourism Development Increase the number of foreign tourists and U.S. citizens visiting Oro Valley by: 1. Use of coordinated advertising campaign to reach significant foreign and domestic target area markets. 2. Answering promptly all inquiries from potential visitors; preparation and distribution of promotional material to travel agents, tour operators, and travel writers. 3. Use of exhibit booth and sales personnel at travel trade shows and expositions attracting travel agents, tour wholesalers, motor-coach group tour representatives, and incentive travel companies. 4. Invitations to foreign group tour operators to visit Oro Valley as part of their itinerary on State-promoted tours. 5. Providing familiarization tours of Oro Valley attractions and facilities to visiting travel agents, tour operators, and travel writers. 6. Active participation in programs and promotions sponsored by the Arizona Office of Tourism, a state agency. 7. Respond to tourism inquiries received at the Town Home Page. F. Membership Program Implement programs as membership development, retention and support as follows: 1. Identify categories of membership and prospective members within the selected categories. 2. Develop and implement an equitable membership dues structure. 3. Develop and implement a membership billing and annually reviewed billing system. 4. Develop a program for continued liaison with members designed to insure continued membership retention. 5. Develop and implement a program designed to increase Bureau's membership base. 6. Continue a program of desirable membership activities to enhance the lines of communication between the membership, the Bureau's staff and various committees. ARTICLE 2 Section 2.1 Specific Services to be Performed by the Bureau. Bureau objectives outlined below are for FY 2007/2008 (July 1, 2007 — June 30, 2008). The objectives for FY 2008/2009 (July 1, 2008 — June 30, 2009) will be determined at the end of FY 2007/2008. The objectives for FY 2009/2010 (July 1, 2009—June 30, 2010)will be determined at the end of FY 2008/2009. 1. To attract an increasing number of conventions to Oro Valley particularly in the off-season (May to November). Among the goals established to meet this objective for the first Fiscal Year 2007/2008 are to increase the MTCVB-initiated leads for room nights to 1 261 d sales leads t5 8,000. � group p c3 2. To increase the number of foreign tourists and U.S. citizens visiting Oro Valley. The Bureau expects 723 travel articles to be published as a result of their work with travel writers. 3. To implement programs of membership development, retention, and support. The Bureau plans to achieve membership investments in the MTCVB of $ 295,000. tlitar 4. The Bureau shall utilize its sales manager to generate leads for convention meetings and tours to promote Oro Valley and will specifically conduct familiarization trips which will include the Oro Valley area. 5. As part of the Bureau's participation in trade shows, Bureau agrees to provide and furnish materials pertaining to Oro Valley. 6. Bureau agrees as part of its official visitors guide to feature Oro Valley in the visitors guide, calling attention to the points of interest and attractions in the Town. This feature shall include a map of the Oro Valley area. 7. Bureau agrees to assist in helping produce a brochure in the event that the Town obtains funding through the Arizona Office of Tourism Community Cooperative Advertising Program. The photographs for the brochure will be provided by the Bureau. The Bureau agrees to display in a prominent area in the Bureau offices the Oro Valley brochures. In addition, the Oro Valley brochure will be included in all responses requesting relocation information. Events in the Town that would be of interest to visitors of whic eau has been advised by the town shall be included in the u lication of the Bureau. The p lure brochure published by the sales department shall include information pertaining to Oro Valley. 8. A position on the board of Directors shall be maintained for an elected official from the Town. ...4010° 9 The Bureau shall provide a semi-annual report of its activities as they pertain to the Town of Oro Valley and will include the Town of Oro Valley in the acknowledgement that it places on all publications and press releases similar to the following: "The Metropolitan Tucson Convention and Visitors Bureau is an independent, non-profit corporation dedicated to supporting the Tucson area as a visitor and convention destination. It is financially supported by the City of Tucson, Pima County, the Town, and its individual and business members." 10. Bureau agrees to maintain as part of its library slides and photographs for the use by its clients, photos and slides provided to the Bureau by the Town. Section 2.2 Responsibility for Open Records. With the exception of expenditures for contractual services, the Bureau agrees to make open to the public all records relating to any funds directly received from the Town, City of Tucson and Pima County, which the Bureau distributes to other organizations or individuals. Section 2.3 Evaluation Criteria and Reporting. 411, The Bureau agrees to submit to the Town Council reports addressing the progress of the Bureau in achieving its objectives. In order to assess the impact of the Bureau, the Town, through its designated representative, reserves the right to evaluate performance, and the Bureau will cooperate and use its best efforts to provide access to all pertinent information reasonably necessary to make evaluations. Section 2.4 Accountability. The Bureau shall maintain a true and accurate accounting system which meets acceptable accounting practices of the accounting profession, and which is capable of properly accounting on a timely basis for all expenditures and receipts of the Bureau. The Bureau shall provide the Finance Department of the Town, within three months after the close of the Town's fiscal year with: 1. An annual accounting, or 2. A copy of an outside audit of the Bureau for the time period approximating the period of the Town Agreement, together with any Bureau response to audit findings. At any time during, and up to a period of five (5) years after completion of this 411, Agreement, the Finance Department of the town or designated Town agent will be given access to the audit records of the Bureau for the Town's internal audits. Section 2.5 Term of Agreement. This Agreement between parties as described above shall be effective from July 1, 2007 through June 30, 2010. 1. The Mayor and Council of the town determine the services of the Bureau are in the public interest and allocate funds therefore, and 2. The parties mutually agree as to scope of services to be provided by the Bureau in any subsequent fiscal year. At the end of the third fiscal year referred to above, the provisions of this agreement will be subject to review and renegotiations by the Town and the Bureau. Section 2.6 Termination. This Agreement maybe terminated at anytime bymutual written consent byeither � party giving ninety (90) days written notice to the other party. Further, the Agreement may be terminated for good cause by either party with thirty (30) days written notice to the other party. For purposes of this agreement good cause shall include but not be limited to the inability of either party to meet its financial obligations under this Agreement. r . ARTICLE 3 FUNDING Section 3.1 Payment. A. The Town's Bed Tax rate is 6 percent (6%). The parties have agreed that the Bureau will receive from the Town an amount not to exceed $160,000.00 per year. Disbursement of funds by the Town is subject to the annual appropriation by the Town Council and the limitations of the state budget law. Payments shall be made on a monthly basis commencing July 1, 2007. Payments are to be made within forty (40) days after the close of each preceding month. B. It shall be the responsibility of the Bureau to obtain funding from sources other than the Town. Financial participation agreements with other governments and government agencies, grants, donations, memberships and any other sources of funding as may become available from time to time shall be included as part of the annual budget submission. C. Method of Payment. The Town may, as a result of subsequently discovered evidence, withhold whole or part of the scheduled payment as may be necessary because: 1. Services were not rendered. 2. The Bureau failed to supply information or reports after reasonable requests. 3. The Bureau is not in compliance with agreed upon disbursement documentation and/or other project performance. 4. The Bureau failed to make required payments to subcontractors. When the reasons for withholding payments have been corrected to the satisfaction of the Town, any amounts due shall be processed. ARTICLE 4 ACCOUNTABILITY Section 4.1 The Bureau shall implement an accounting system which will comply with the generally accepted auditing principles and with the provisions of the AICPA audit guide for nonprofit corporations. Section 4.2 The Town shall incur no liability for ineligible expenses and such shall be the sole responsibility of the Bureau. ARTICLE 5 MEMBERSHIPS AND OTHER FUNDING Section 5.1 The Bureau shall actively solicit memberships as well as financial participation by Pima County and other incorporated cities and towns who benefit from the services provided by the Bureau. Section 5.2 The Bureau assures the Town that it will endeavor to maintain ongoing funding levels from Pima County consistent with the provisions of A.R.S. § 42-6108 and ongoing funding levels from the City of Tucson. If either the Pima County Board of Supervisors or the Tucson City Council fails at any time during the term of this Agreement to make the full allocation pursuant to their respective agreements with the Bureau, the Bureau and Town mutually agree to renegotiate this Agreement. Section 5.3 In each fiscal year, the Bureau will specify in a Memorandum of Understanding, to be entered into each year by the parties, the percentage that it will attempt to achieve in other funding. ARTICLE 6 MISCELLANEOUS TERMS AND CONDITIONS Section 6.1 Hold Harmless and Insurance Provisions. A. Indemnification. The Bureau agrees to indemnify and save harmless the Town, its Mayor and Council, appointed boards and commissions, officials, officers, employees and insurance carriers, individually and collectively (the "Town") from all losses, claims, suits, demands, expenses, subrogation's, attorney's fees or actions of any kind and nature resulting from personal injury to any person (including bodily injury and death) or damages to any property, arising or alleged to have arisen out of either (1) the Bureau's negligent performance of the terms of this Agreement, or (2) any of the Bureau's acts or omissions, except to the extent attributable solely to a negligent act or omission of the Town. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of indemnity in this paragraph. B. Insurance. 1. Obtain insurance coverage of the types and amounts required in this section and keep such insurance coverage in force throughout the life of this Agreement. All policies will contain an endorsement providing that written notice be given to the Town at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage in any policy. 2. The Comprehensive General Liability Insurance and Comprehensive Automobile Liability Insurance policies will include the Town as an additional insured with respect to liability arising out of the performance of this Agreement. 3. The Bureau will provide and maintain minimum insurance limits as follows: COVERAGE AFFORDED LIMITS OF LIABILITY Workmen's Compensation Statute Employer's Liability $100,000 Comprehensive General $1,000,000 - Bodily Injury Liability Insurance Combined Single.Limit a. products and $100,000 Property Damage completed operations Comprehensive Automobile $1,000,000 - Bodily Injury Liability Insurance Combined Single Limit Including: non-owned $100,000 Property Damage leased, hired vehicles Section 6.2 Conflict of Interest. The Bureau agrees that the provisions of A.R.S. Title 38, Article 8, "Conflict of Interest of Officers and Employers", apply to all the transactions of the Bureau. Section 6.3 Open Meeting. The Bureau agrees to conduct its business in compliance with the provisions of A.R.S. Title 38,Article 3.1 "Public Meetings and Proceedings". 'grid Section 6.4 Purchasing. In purchasing contracts for goods and services, the Bureau agrees that it will implement and maintain policies and procedures that insure, wherever feasible or practical, that there will be announced, documented, competitive bidding for such contracts so that the potential effectiveness, as well as cost factors, are considered by the Bureau in the selection of said goods and services. Section 6.5 Performance Evaluation. In order to assess the impact of the Bureau, the Town reserves the right to evaluate performance. Information desire by the Town which is pertinent to this evaluation will be made available for this purpose by the Bureau at the Town's request. Section 6.6 Independent Contractor. The parties stipulate and agree that Bureau is not an employee of the Town, and is performing its duties hereunder as an Independent Contractor, supplying its own employees, and maintaining its won insurance, workman's compensation insurance, and handling all of its own internal accounting. The Town in no way controls, directs or has any responsibility for the actions of the Bureau herein. Section 6.7 The Bureau shall further be responsible for compliance with the United States Immigration Reform and Control Act of 1986, and shall indemnify and hold harmless the Town for any liability arising from failure of the Bureau to comply with said act. Said indemnification to include the costs of suit. "timid Section 6.8 Agreement Amendments. By mutual consent of both the Town and the Bureau, this Agreement may be re-opened for renegotiations of and/or the addition/deletion of amendments. Any request for renegotiations shall be in writing, detailing the requested changes. A meeting to discuss the changes shall be held within 30 days of the receipt of the request. Any change to this Agreement will be approved by Mayor and Council. Section 6.9 For each year that the Mayor and Council appropriate funds for the Bureau pursuant to Article II above, the Bureau shall enter into a Memorandum of Understanding with the Town. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. METROPOLITAN TUCSON CONVENTION AND VISITORS BUREAU Oiv/ _ (.2_eg-e*I"\--- `ignature PS'd CEC) 411ilar Title State of Arizona ) ss. County of Pima ) On thisl�day of 9,aim'' , 2007, known to me to be the peYson whose name is subscribeto the within instrument, personally appeared before me and acknowledged that he/she executed the same for the purposes contained. Given under my hand and seal on 9.14 /`� , 2007. Notary My Commission Expires:T72'2S'z444 0�3,'ZUOS ... Notary Public State ate„ TOWN OF ORO VALLEY, an Pima comer Arizona municipal corporation i Ronda Thomas Expires March 23,2008 !�r , Paul H. Loomis, Mayor Nod ATTEST: (---- -.<0...A.Nc>,„ .--jjcfu.\;;;1/44.,1 OIL,,A c _ti.1 Kathryn E. Cuvelier, Town Clerk Date: L6 APPROVED AS TO FORM: 1 411 .41" _&..,. A „('12) - M, Linda Garr , To - Attorney Date: 6,A, C 7 As you know, due to budget constraints, the Town Council has decided to reduce your contract to $120,000.00 for FY 2008-09. Under Article 2, Section 2.1 of the current Financial Participation Agreement between MTCVB and the Town it states: 1/41161, "Bureau objectives outlined below are for FY 2007/2008 (July 1, 2007 - June 30, 2008). The objectives for FY 2008/2009 (July 1, 2008 -June 30, 2009) will be determined at the end of FY 2007/2008. The objectives for FY 2009/2010 (July 1, 2009 - June 30, 2010) will be determined at the end of FY 2008/2009." To attract an increasing number of conventions to Oro Valley particularly in the off-season (May to November). Among the goals established to meet this objective for the first Fiscal Year 2007/2008 are to increase the community wide MTCVB-initiated leads for • room nights to 675,000, and group sales leads to 1,147. 2. To increase the number of foreign tourists and U.S. citizens visiting Oro Valley. The Bureau expects 710 travel articles to be published as a result of their work with travel writers. 3. To implement programs of membership development, retention, and support. The Bureau plans to achieve membership investments in the MTCVB of $ 280,000. 4. The Bureau shall utilize its sales manager to generate leads for convention meetings and tours toP romote Oro Valley and will specifically conduct familiarization trips which will include the Oro Valley area. 5. Aspart of the Bureau's participation in trade shows, Bureau agrees to provide and furnish materialsP ertaining to Oro Valley. 6. Bureau agrees as part of its official visitors guide to feature Oro Valley in the visitors guide, callingattention to the points of interest and attractions in the Town. This feature shall include a map of the Oro Valley area. 7. Bureau agrees to assist in helping produce a brochure in the event that the Town obtains funding through the Arizona Office of Tourism Community Cooperative Advertising P grae.ram Prog photographs hoto hs for the brochure will be provided by the Bureau. The Bureau agrees to display in a prominent area in the Bureau's Visitor Center the Oro Valley brochures. In addition, the Oro Valley brochure will be included in all responses requesting relocation information. Events in the Town that would be of interest to visitors of which the Bureau has been advised by the town shall be included in the bi- monthly publication of the Bureau. The lure brochure published by the sales department shall include information pertaining to Oro Valley. 8. AP osition on the board of Directors shall be maintained for an elected official from the Town. 9. The Bureau shall provide a semi-annual report of its activities as they pertain to the Town of Oro Valley and will include the Town of Oro Valley in the acknowledgement that it places on all publications and press releases similar to the following: 4110, non-profit Metropolitan Tucson Convention and Visitors Bureau is an "The pindependent, corporation dedicated to supporting the Tucson area as a visitor and convention destination. It is financially supported by the City of Tucson, Pima County, the Town, and its individual and business members." 10. Bureau agrees to maintain as part of its library slides and photographs for the use by its' clients,photos and slides provided to the Bureau by the Town. ."?Lb-yvt-oacsr& 0 tititv Is the Oro Valley contribution of$160,000/year and participation in the Metropolitan Tucson Convention & Visitors Bureau (MTCVB) based on the "trickle down theory"that any economic gains that accrue to Tucson and Pima County will benefit Oro Valle or sim i l bein! adacent toTucson and i art o Pima County? Does the second quarter performance report (Oct. thru Dec. 2008)from MTCVB in the Town of Oro Valley Council packet represent the statistics for Oro Valley only? Have the activities (goals and objectives) specified in Article 2, section 2.1 ) from MTCVB in the Town of Oro Valley Council packet been verified: 1. 358,000 group sales leads with 1,261 room nights for Oro Valley? 2. 723 travel articles (how many mentioned Oro Valley)? 3. Membership (partners) investments of$295,000? What Oro Valley Partners? 4. How many leads for convention meetings and tours in Oro Valley? S. MTCVB furnishinz any material to sales leads pertaining to Oro Valley? 6. Oro Valley featured in Official Visitors Guide? 7. Brochure for Oro Valley? 8. How many MTCVB Board meetings did Oro Valley attend? 9. How manyMTCVB press releases mention Oro Valley? 10. Has anyone from Oro Valley reviewed samples of Library Slides and Photographs at MTCVB? The payment of$160,000 was reduced to X120,000 for FY 2008/2009 because of budget constraints and some of the 10 objectives reset in the Town of Oro Valley Council packet. What is being approved by Town Council? Original or Revised? There are nine departments within MTCVB Marketing Marketing is responsible for creating the strategic plan to market tourism and convention business for Tucson and Southern Arizona. Does Oro Valley have a copy of the MTCVB strategic plan? What section of the strategic plan specifically mentions Oro Valley? Convention Sales The Convention Sales department works closely with meeting planners in the United States and Canada to promote the destination for meetings, conventions, and group events. There are seven sales managers. What percent of the statistics in convention sales or room bookings were directly related to Oro Valley only? Convention Services Convention Services provides support for any groups visiting Oro Valley. What percent of the statistics in convention services directly related to Oro Valley only?(Possibly El Tour De Tucson since part of the route runs through Oro Valley). Tourism The Tourism department maintains the destination's presence with leisure travelers in the United States, Canada, and Europe. The staff works with tour operators to develop tourism product for travel brochures promoted through travel agents and tour operators. Staff fosters relationships with clients at trade shows, sales missions, and site visits. What percent of the statistics in tourism were directly related to Oro Valley only? How many times was Oro Valley specifically mentioned or featured in travel brocures and trade shows? Sports Development The sports department promotes local assets (varied sports facilities, affordable lodging, family-friendly attractions, and great weather) with sports governing bodies and athletic event organizers across the United States. What percent of the statistics in sports development directly related to Oro Valley only? Public Relations & Communications The Public Relations and Communications department works with media to develop editorial promotion of Oro Valley. Staff maintains and distributes up-to-date information via an online media room, monthly e-newsletter, online events calendars, and customized responses to media inquiries. If someone did an online search of the media room, e-newsletter, online events calendars, and customized media responses how • many times would we find the words "Oro Vallev"specificallv mentioned? How much editorial publicity (dollars of advertising equivalency value) was generated specifically for Oro Valley? Community Affairs & Mexico Marketing Community Affairs and Mexico Marketing reinforced Tucson's position as the gateway for Mexican travelers visiting Arizona. Throughout Northern Mexico, MTCVB hosts sales missions and trade shows. Tucson's Visitor Center in Hermosillo, Sonora is now the leading referral source for Mexican travelers visiting Tucson. The center serves thousands of walk-in visitors and assists in lodging reservations. A toll-free telephone system allows staff to receive inquiries and reservations from throughout Mexico. How many times was Oro Valley specifically mentioned or promoted to the walk-in visitors or lockinz requests? Film Office The Film Office aggressively promotes Tucson and Southern Arizona as a filmmaking location to industry professionals at film- related events, on location scouting trips, through the FO website (www.filmTucson.com), and in print and online versions of the Tucson Film Office Production Manual. How many definite projects (production days) resulted in room nights and direct spending) in Oro Valley? Partnership Activities • • The department recruits and retains partner businesses. The department works to increase support of and involvement in bureau programs. Staff provides partner business-development opportunities, and maintains the partner database as a resource for MTCVB marketing and customer-service programs. How many partnership businesses are in Oro Valley? JP��EY qR� MAR 2'09pm :56 TQV o Go),_ 4 A e- �°UNDED Age Office of the Mayor &Town Council Trip Report Purpose: Committee on Transportation & Infrastructure — HB 2257 Date: February 12, 2009 Location: Arizona House of Representatives Capitol Building— Room — HHR 3 Phoenix AZ 85007 Attendees: Mayor Paul Loomis, Tory Schlievert, Craig Civalier Summary: %Pr Mayor Loomis testified before the Arizona House of Representative at the Committee on Transportation & Infrastructure regarding HB 2257. HB 2257 allows local authorities to establish public transportation stops on public roadways when the speed limit exceeds forty-five miles per hours. A paper on the Arizona House of Representatives' HB 2257 is available for review from Carol Miller. Report submitted Town Clerk on March 2, 2009. Paul Loomis Mayor F:\Admin Assist\Mayor Loomis\Out of Town Travel-Trip ReWcW\N3W %Vtation Cmttee-HB 2257-2-12-09.doc Oro Valley Administration Building 11000 N. La Canada Drive • Oro Valley,Arizona 85737 phone:(520)229-4700 • fax:(520)297-0428 ,11,,x_LEY xvi,/ It*RR 2'09pm 4:5F. IO • e DO O f a �DVNDED'01 Office of the Mayor &Town Council Trip Report Purpose: League of Arizona Cities & Towns Executive Committee Meeting Date: February 13, 2009 Location: League of Arizona Cities & Towns League Office Building 1820 W Washington Phoenix AZ 85007 Attendees: Mayor Paul Loomis Summary: Mayor Loomis attended the Executive Committee Meeting. Agenda attached. Complete meeting materials are available for review from Mayor Loomis. Report submitted Town Clerk on March 2, 2009. Paul Loomis Mayor FAdmin Assist Ma or Loomis Out of Town Travel-Trip Re orts Lea ue AZ Cities&Towns Exec Cmtee-2-13-09.doc www.orovalleyaz.gov Oro Valley Administration Building 11000 N.La Canada Drive • Oro Valley,Arizona 85737 phone:(520)229-4700 • fax:(520)297-0428 League of Arizona Cities and Towns Executive Committee Meeting Friday, February 13, 2009 at 10:00 a.m. (Lunch will be served following the meeting.) League Office Building 1820 West Washington, Phoenix Agenda 1. Review and Adoption of Minutes 2. Special Action Update 3. Legislative Report/ Budget Update 4. Adoption of FY 09-10 Dues 5. Request to Create Water Subcommittee 4610' 6. Resolution of Appreciation 7. Executive Committee Appointment 8. Report on NLC Activities 9. Adjournment • League of Arizona Coy Cfties!! s Agenda Item #1 Review and Adoption of Minutes Summary: Minutes of the previous meeting are enclosed for your review and approval. Responsible Person: President Boyd Dunn Attachments: November 7,2008 Executive Committee Minutes Action Requested: Approval Nami League of Arizona Cities. DTowns Agenda Item #2 Special Action Update Summary: Oral arguments in the League's Special Action lawsuit against the state were presented before the Supreme Court on January 2l Sr The Court will issue its response"in due time." Assuming the Court does not remand the case to another court for further action,the principal legal work has been completed. The Executive Committee may want to discuss a request for reimbursement from cities for the legal costs associated with the case. Responsible Person: Ken Strobeck Attachments: Selected news reports on the case Action Requested: Discussion/ Possible Action League of Arizona Cities AN,Towns Agenda Item#3 Legislative Report/Budget Update Summary: The legislative session is underway and the state has a new Governor. The primary issue before the legislature is to balance the budget in light of greatly reduced revenues. This report will focus on the League's activities relating to budget discussions as well as other bills of general interest. Responsible Person: Jeff Kros Attachments: Selected news reports on economy Thank you letter from Speaker Kirk Adams Legislative Bulletins 2009 Guide to the 49th Legislature(in the front binder pocket) Action Requested: Discussion/ Information League of Arizona Cities ,,Towns 4111w Agenda Item #4 Adoption of FY 09-10 Dues Summary: Based on the recommendations of the Dues Review Committee,the Executive Committee adopted the current dues structure in October 2006. The schedule sets a base of$2250 plus a variable per capita rate with a proportionately higher rate being charged to smaller communities. It also authorizes the per capita rate to be indexed for inflation in addition to the existing population estimate updates. In light of the current economic situation,the League is proposing to keep the dues flat--at the FY 09 rate and forgo any adjustments for population or increases to the per capita rate. The League is also willing to work one-on-one with those cities and towns that are experiencing severe financial difficulties. Those cities and towns should contact the League prior to May 15 to discuss and agree upon a dues amount. The payment deadline for League dues is July 31, 2009. Responsible Person: Ken Strobeck %Pr Attachments: List of Dues from FY 2008-2009 Action Requested: Discussion/Action League of Arizona Ques ! s Na1110 Agenda Item#5 Request to Create Water Subcommittee Summary: Mayor Sara Presler of Flagstaff has asked that the League Executive Committee create a subcommittee to discuss specific issues relating to water. Responsible Person: Ken Strobeck Attachments: Documents from Flagstaff Mayor Presler Action Requested: Discussion/Possible Action No1110 League of Arizona Cities 1\NflTowns Agenda Item #6 Resolution of Appreciation Summary: A Resolution of Appreciation for Mary Manross is enclosed for possible action by the Executive Committee. Responsible Person: League President Attachment: Resolution of Appreciation Action Requested: Approval League of Arizona Cllies ! s 14011) Agenda Item #7 Executive Committee Appointment Summary: There is currently a vacancy on the Executive Committee. According to the League Constitution,the Executive Committee may make appointments to fill vacancies, delay appointment until a later meeting or refer the vacancy to the Nominating Committee at the League Conference next September. Responsible Person: President Boyd Dunn Attachment: Letter of interest Action Requested: Discussion/Action League of Arizona Cities;\NDTOWflS Agenda Item #8 Report on NLC Activities Summary: Update on various activities of the National League of Cities Responsible Person: Ken Strobeck Attachments: News story on implementation of NLC Prescription Drug Card by Lake Havasu City Memo from NLC Legislative Director regarding collective bargaining legislation litigation strategy Resolution supporting renewable energy projects and transmission lines in western states Brochure on NLC Congressional Cities Conference(in the back pocket of the binder) Discussion: Topics for discussion include the status of appointments to various NLC Policy and Advocacy Steering Committees; the availability of the NLC Prescription Drug Card program for 4111110, NLC direct member cities; and the upcoming Congressional p g g Cities Conference in Washington, DC, March 14-18. Action Requested: Information/Possible Action League of Arizona otiesks rMAR 2'B91 4:56 TOV • Ef - ��vNDED 19�� Office of the Mayor & Town Council Trip Report Purpose: bqaz — `Building a Quality Arizona' Framework Policy Committee Meeting Date: February 18, 2009 Location: ADOT— Human Resources Development Center 1130 N 22nd Ave Phoenix AZ 85009 Attendees: Mayor Paul Loomis 11100. Summary: Mayor Loomis attended the Framework Policy Committee. Agenda attached. Complete meeting materials are available for review from Carol Miller. Report submitted Town Clerk on March 2, 2009. Paul Loomis Mayor F:\Admin Assist\Mayor Loomis\Out of Town Travel-Trip Reports\bqaz-ADOT Framework Policy Cmtee-2-18-09.doc www.orovalleyaz.gov Oro Valley Administration Building 11000 N. La Canada Drive • Oro Valley,Arizona 85737 phone:(520)229-4700 • fax:(520)297-0428 , . ; "Building a Quality Arizona" i s x F �'t a z >a. _747 Statewide Transportation ". abj - Planning Framework Fram w rk Framework m ee Agenda February 18, 2008, 10 AM - 12 PM ADOT Human Resources Development Center 1130 N. 22nd Avenue Phoenix, AZ 85009 Teleconference Call-in Number 1-866-203-6896 Conference ID 3975497 10:00-10:10 Welcome and Introductions (Felipe Zubia) 10:10-10:20 Organizational Changes (Rakesh Tripathi) Old Business 10:20-10:45 Status Report Modeling (Brent Cain) Statewide Scenarios (Jennifer Toth) Rail Framework (Jennifer Toth) Common Interest Workshops (Kristin Bornstein) New Business 10:45 -11:00 Complete Streets, Statewide Rail Coordination Meeting 10:45-11:15 Finance Tools (Curtis Lueck) 11:15-11:45 Discussion on Finance Tools 11:45-12:00 Other Items 12:00 Adjourn Handouts Monthly Status Report Status and Funding Presentation c?e"‘"-'bi : "d4 r 41 All;Itato 144 Ali : 410- A FUNDED A91a. Town of Oro Valley Councilmember Barry Gillaspie Councilmember Salette Latas National League of Cities Conference 11-18 March 2009 1 , . Congressional Visits, March 12 �, _,�- , ,.. 7-,- , lO Nt�r �W�--='�-!e ..,_.m.:" r.+ai.��_-ewm W+s -. ,....,�r+.,c.-.'r�'�...n.»- - :30 a.m. office of Rep. Harry Mitchell 0:15 a.m. Rep. Ann Kirkpatrick L.G.) 10:30 — 10:50 a.m. office of Rep. Ed Pastor irG, 11 :00 - 11 3Oa.m. Rep. Gabrielle Giffords 6) 11 :45 a.m.-12:15 p.m. Rep. Raul Grijalva P 12:40 US Capitol Tour P 2:45 — 3:15 office of Sen. John McCain P 3:30 — 4 p.m. office of Sen. Jon Kyl 9:15 - 9:30 a.m. Rep. Harry Mitchell; Legislative Director, Matt Weisman; Carrie Solomon, LA 9:45 — 10:15 a.m. Rep. Ann Kirkpatrick; Betsy Quilligan, Leg.Director (LD) 10:30 — 10:50 a.m. Rep. Ed Pastor Richard Patrick, LA 11:00 — 11:30 a.m. Rep. Gabrielle Giffords Legislative Director (LD): Caryn Schenewerk; 11:45-12:15 a.m. Rep. Raul Grijalva LA Chris Kaumo 12:40 US Capitol Tour Host: Rep. Giffords Office 2:45 — 3:15 Sen. John McCain Rebecca Tallent (LA) 3:30 — 4 p.m. Sen. Jon Kyl Legislative Director Elizabeth Meier 2 i U.S. Rep. Gabrielle Giffords f yi i e / ....rte' \ (4, ,v 4 ' ) F_ \ \ z „..... i ...,_..11111,1014 \ 1111111 . i Oro Valley Councilmembers Barry Gillaspie and Salette Latas present the key to Oro Valley to U.S. Rep. Gabrielle Giffords, March 12, 2009. 3 Agency Visits, March 13 - '04,0E0 v., Bureau of Reclamation - Protect funding for reliability reservoir 6) Department of Justice - Promote funding for retaining police officers 9:00-9:30 am Bureau of Reclamation, Bob Wolf and Bill McDonald, Acting Commissioner, BOR, Dept. of Interior; discussion of Central Arizona Project Water System Delivery 2:00-2:30 p.m. Dept. of Justice, Public Liaison Specialist Corey Ray, External Affairs; Discussion: COPS CRHP grant 4 c Green Cities: EnsuringCommunity Sustainabulity, March 14 RDVMDED 9' 6) Some of the most green" progressive, places in the world are in cities and towns 6) This workshop presented: — Tools to educate and enable residents to support improved environmental infrastructure pp and quality of life in our community — Ways to make our community a great place to live, work and play "green" — Resources to help create a more sustainable community Green Cities: Ensuring Sustainable Communities National League of Cities March 14,2009 Sara Pesek Director, Environmental Finance Center This workshop provided a comprehensive overview and orientation to resources that are available to assist our community as we work to convert to a sustainable model.Communities all over the United States are implementing and developing new and innovative methods to convert their communities to sustainability. CM Gillaspie secured numerous resource references for distribution to the OV Green Team. Introduced to the practices of the Center— The Mission of the EFC is to advance Sustainable Communities through: •Rural Leadership Development" 'Infrastructure Education and Outreach Tools" 'University-Community Collaborations 'Municipal Leader Training 'Technical Assistance Partnership Forums Intent:To build the managerial,financial and technical capacities of community leaders and strengthen the network of technical assistance providers and municipalities. Integrated Design: 'Integration of seemingly unrelated aspects of building design or construction .Key: Collaboration of people from different disciplines throughout the design process 'Goal:to achieve high performance and multiple benefits Opportunities for Leadership: 'Own buildings and facilities 'Purchasing power 'Setting of land use policies 'Operation of public transit and transportation infrastructure 'Application of building codes 'Regulation of automobile parking,traffic flow and roadways 5 Transforming to a Sustainable City, March 15 } A `sustainable city' has four main components: , 1. Environmental stewardship 2. Social equity 3. Economic opportunity 4. Municipal responsibility 6) Cities face increased operating costs, declining revenues and property values, and unfunded mandates This workshop presented: — A successful model to plan, implement, and monitor sustainable programs within our town — Case studies on how other cities have transformed into sustainable cities while also responding to other pressing issues Transforming to a Sustainable City Lyle Sumek This was an excellent workshop that really helped me to understand the overall picture as to what sustainability is. Sustainability Defined=Not just environmental socioeconomic to. 'Personal Livability—People's decision to live in our community. 'Environmental Stewardship—Care of and preservation our natural resources and assets 'Economic Opportunity—Opportunity to start, locate and grow a business. 'Community Building—Linking residents and developing partners working for the benefits of the community and engaging residents in problem solving and policy development. Challenges to Sustainability identified in the workshop: 'Empower the 80%of the citizens that are tending toward a positive support for the city. 'Overcoming the McGovernment Attitude; have we become preoccupied with a 'fast food attitude'toward services?: How to inform citizens and gain appreciation for City government: our programs and our services "Agenda of the Unimportant—How to focus on what is truly important for the future of the community 'Have the courage to decide—When you have appropriate citizen involvement and sufficient information,just decide 'Politics vs. Governance—How do you focus primarily on governing 'Transforming a City Organization to a Service Business—i.e. Monopoly vs Competition, Process vs. Results 'Community Based Government—moving from taking care of'my friends'to`relying on the pros'to`working with our community' Service Hierarchy Community Add On's Quality of Life Core Business—Choice Core Business—No Choice 6 Congressional Cities Conference, �f Opening Session March 16 RVNDEO 91 4;#" 41. 7,4k /1 • Merdr. 4 , Chris Matthews, Host, Hardball, MSNBC Sen. Susan M. Collins, (R-Maine) Opening General Session Chris Matthews, Host, Hardball with Chris Matthews, MSNBC and The Chris Matthews Show, NBC, Washington, DC Susan M. Collins, U.S. Senate, (R-Maine) With a reputation for bipartisanship during her 12 years in the Senate, Collins helped convene a group of about 20 senators from both major parties who sought to boost investment in job-creating infrastructure projects while scrubbing the legislation of expenditures that, while worthwhile, would not contribute to turning the economy around. "We in government can best demonstrate our willingness to pull together by demonstrating a true spirit of bipartisanship," she explained. "Too often in this city, bipartisanship is mischaracterized as a weakness, as simply `going along to get along.' "Bipartisanship is hard work and it requires a thick skin. It is far easier to stake out a position early on and refuse to budge, citing, of course, your principles, than it is to dig in to the issues and find common ground. True bipartisanship is a desire to actually get things done, to make progress, to put solving problems above personal credit or comfort." 7 Looking for a Growth Industry? i„:6) Think Grn March ee16 - - D4/yD@D 91 • What it means to beFand sustainable green sustainable -. G) How our community can in on the new green economy • Strategies we can use togogreen and create new jobs • Savings from sustainability 6) How a healthier environment can foster livability and community character Looking for a Growth Industry?Think Green What does it mean to be green and sustainable? How can your community get in on the ground floor of the new"green economy?"This session will explore the strategies you can use to go green, especially in these tight economic when you are looking to create new jobs. The panel will also discuss the savings that can be obtained from sustainability practices, and how focusing on a healthier environment can re-energize communities and help foster neighborhood livability and community character. Moderator: Claude Mattox, Council Member, Phoenix,Arizona; Chair, NLC Energy, Environment and Natural Resources Steering Committee Speakers: James Corless, Campaign Director, Transportation for America Campaign,Washington, DC Richard Moe, President, National Trust for Historic Preservation,Washington, DC •The Greenest Building is the building already built. Buildings are the largest contributors to greenhouse gas. •Two things Americans hate: density and sprawl •Transportation problems don't necessarily have transportation solutions 'Better public transportation means smarter land use 'Those living within .5 mile of public transit will use it 42%of the time versus 4%of the time at distances greater than .5 miles. 'When developing retail, quality is more important than quantity as it relates to sustainable use principles. 'Sustainable Hayward (CA): http://www.hayward-ca.gov/CAP08/CAP08.shtm 'Parking must have a cost—concepts might include reducing parking requirements or issuing mass transit passes. •TOD, or Transit Oriented Development, is a key bringing back sustainable development. Transit oriented means all modes, not necessarily automobile 8 Making a Clean Break: New Approaches 6)„, to Energyand Transportation, March 16 �o.o,.• 6) By turning to renewable energy sources, ---- encouraging energy efficiency and conservation, and supporting a multimodal transportation system — including safe places to walk and bike — cities can create healthier communities in which people can live, work and play. Focus on federal policies and local strategies to improve the quality of life, boost the economy, and protect the environment. Making a Clean Break: New Approaches to Energy and Transportation The upcoming Congressional debates on climate change legislation and transportation authorization will mean exciting new opportunities for cities. By turning to renewable energy sources, encouraging energy efficiency and conservation, and supporting a multimodal transportation system — including safe places to walk and bike — cities can create healthier communities in which people can live, work and play. This workshop will focus on federal policies and local strategies to improve the quality of life, boost the economy and protect the environment. Moderator: Matt Zone, Council Member, Cleveland, Ohio, Speakers: Ilana Pruess, Outreach and Field Director, Transportation for America, Washington, DC James Warner, Congressional Affairs Fellow, Pew Center on Global Climate Change, Arlington, Virginia Darleen Reveille, Garfield Health Department, Garfield, New Jersey •Transportation is the second highest cost item for families, after housing •An efficient transit environment means more disposable income •Make walking safe, convenient, and inviting •Consider toll roads, congestion pricing •The development of the next transportation bill over the next 2 years is a once-in-a-generation opportunity for change (t4america.org) 9 Strategies for Communicating with Your - Member of Congress, March 1 • .., AIL - G - Local electe• officra'sare in a unique position to make their voices heard with members of Congress and create meaningful dialogue with those who represent a community's interests at the federal level This workshop presented effective strategies for gaining the attention of and persuading members of Congress — from the power of the personal phone call to the significance of sharing compelling stories about how and why a federal program helps America's hometowns and provides long-lasting benefits to our communities. Now Hear This: Successful Strategies for Communicating with Your Member of Congress Local elected officials are in a unique position to make their voices heard with members of Congress and create meaningful dialogue with those who represent a community's interests at the federal level. Learn effective strategies for gaining the attention of and persuading members of Congress—from the power of the personal phone call to the significance of sharing compelling stories about how and why a federal program helps America's hometowns and provides long-lasting benefits to our communities. Moderator and Speaker: Joseph Curtatone, Mayor, Somerville, Massachusetts; NLC Board of Directors Speakers: John Thomas, Director, Policy and Political Affairs, Florida League of Cities, Tallahassee, Florida Frank Shafroth, Chief of Staff, Congressman Jim Moran, United States House of Representatives, Washington, DC Part of role as elected officials is to be lobbyists for town issues. It is important to know those local issues that intersect with federal and state legislation. Consider using YouTube to communicate with constituents. Council might consider being a more active sponsor of Town Halls for our Federal and State representatives. 10 Closing General Session March 16 D�/NDED 91 ,''+ `F f • b. 411194 " w �y } Energy EPA Administrator U.S. Attorney Secretary Lisa P. Jackson General Eric Steven Chu Holder Closing General Session Steven Chu,Secretary, U.S. Department of Energy The Department of Energy will depend on local officials to help citizens weatherize their homes and encouraged attendees to create self-sustaining programs. Under the ARRA,cities will be able to apply to their states to become weatherization providers. Berkeley, Calif.allows homeowners to finance weatherization by paying slightly higher property taxes.The interest charged enables the city to make a small profit that can then be reinvested in more energy efficient loans. Most energy savings will be related to buildings,which consume about 40 percent of all energy, about equally divided between residential and commercial structures."If we ... transitioned to energy efficient buildings,we would not have to build another coal plant for decades." "It should be our patriotic duty to think hard about decreasing our oil dependency by driving a higher mileage car,"he said."You will decrease the demand.That will keep the gas prices down and also you put less carbon in the atmosphere." Chu gave a great example of energy efficiency vs.size vs.cost of refrigerators: size is up 25%,while energy use and cost have decreased by 25%. Lisa P.Jackson,Administrator, U.S. Environmental Protection Agency "We don't have to choose between the environment and the economy" "The way out of our economic challenge is through a clean energy transition and the creation of millions of jobs in green sectors." Environmental protection is about safeguarding public health where people live,work and play and at the schools where children go to learn every day. Local officials,therefore, are on the front lines of this work,she said. Functions like drinking water and wastewater management and waste disposal fall under EPA's purview, so local officials have many opportunities to work with the agency. Jackson said she will be looking to local officials for guidance and counsel. "EPA is back on the job,"she declared. Eric Holder,U.S.Attorney General Local governments can apply now for their share of$1 billion in Recovery Act funds for the Community Oriented Policing(COPS)Program.The new COPS money is part of$4 billion of Recovery Act funds dedicated to state and local law enforcement efforts. The COPS Hiring Recovery Program is a competitive grant program designed to address the full-time sworn officer needs of state, local and tribal law enforcement agencies nationwide.The Department of Justice will provide funding directly to local law enforcement agencies to hire new officers,or to rehire experienced officers.The program does not require a match from local governments. This$1 billion in new COPS funding from the American Recovery and Reinvestment Act will create or save approximately 5,500 law enforcement officer jobs across the country and inject much-needed resources directly into cities. Holder encouraged local officials to go to ='ww.cops.usdoj.gov to begin applying for the grants to get new police officers out onto the streets of cities and towns as soon as possible. 11 a Opening General Session March 17 • R04NDED 191► ' i ilot. s a. ifilifp. iha., —4 Ash, sn Fir #Ti .ii,pti pl: 1 I I Shaun Donovan, Ray LaHood, Secretary, U.S. Secretary, U.S. Department of Housing Department of and Urban Transportation Development Opening General Session Shaun Donovan,Secretary, U.S. Department of Housing and Urban Development Department of Housing and Urban Development(HUD)Secretary Shaun Donovan pledged that his department will continue to act with urgency while implementing the American Recovery and Reinvestment Act, as,within a week of the act's signing, HUD allocated 75 percent of its funding to cities, states and local agencies. In terms of housing,the Recovery Act makes a substantial investment—$13.6 billion in housing and community development programs administered by HUD. Donovan explained that these investments in programs will be swift and effective, and will generate tens of thousands of jobs,modernize homes to make them more energy efficient and help the families in communities hardest hit by the economic crisis. Donovan pointed out three major themes that the HUD funding in the Recovery Act supports: It makes significant investments that will promote energy efficiency and create green jobs in communities; helps state and local agencies unstick developments frozen by the locked tax credit markets, accelerate shovel-ready community development and affordable housing markets, and bridge long-standing funding gaps in programs; and helps communities and families effected by the economic crisis by reviving imperiled neighborhoods and protecting families from homelessness. With the latter theme, HUD is allocating nearly$1 billion to state and local governments through the Community Development Block Grant(CDBG)program to enable cities to invest in rehabilitating affordable housing and improving public facilities, helping to stabilize communities and create jobs locally. Ray LaHood,Secretary, U.S.Department of Transportation Department of Transportation(DOT)Secretary Ray LaHood is confident that the money his department was allocated from Congress will help the nation invest in its transportation system and help create jobs to begin to jumpstart the nation's economy, he said at NLC's Congressional City Conference in Washington, D.C., last week. "That plus the other two legs of the stool—banking and the real estate market—will help be a comprehensive approach to do what President Obama wants to do, to really energize and really get the economy going again." In the economic recovery plan, DOT received approximately$28 billion for roads and bridges.To date, nearly $2 billion in total has been swiftly distributed to 27 states,which, according to LaHood, is a monumental task in the department. The two primary categories that will be funded under the economic recovery for highways and bridges is for projects that were started and stopped because money ran out and for projects that had been planned and became environmentally sound, but the states had no money to fund them. Also included in the economic recovery funding is$8 billion for transit that is for light rail and for communities to buy busses or fund transit center projects,$1.5 billion for airports and$1.5 billion for discretionary purposes. In addition, President Obama included in the economic recovery bill$8 billion for high-speed rail. To watch these speeches online, go to www.nlctv.org. 12 An Energy Boost for Your City: NewE� Block Grants and Tax Credits <�' =Y March 17 ilkurriew The ARRA new resources that provides energy can help towns: — Unlock new sources of capital — Spur economic development — Reduce greenhouse gas emissions We reviewed: — Funding from the Energy Efficiency and Conversation Block Grant — Renewable energy tax provisions and bonds — Updating town energy code An Energy Boost for Your City: New Block Grants and Tax Credits The American Recovery and Reinvestment Act provides several new energy-related resources that can help cities and towns unlock new sources of capital,spur economic development in a sustainable manner, and assist local government efforts to reduce greenhouse gas emissions. Learn how to apply for funding from the Energy Efficiency and Conversation Block Grant, how your community can take advantage of various renewable energy tax provisions and bonds and why your community should consider updating its energy code. Speakers: Gil Sperling, Program Manager, Office of Weatherization and Intergovernmental Program, U.S. Department of Energy,Washington, DC Lowell Unger, Director of Policy,Alliance to Save Energy Robin Snyder, Program Director, Building Codes Assistance Project,Washington, DC •Department of Energy has$16.8 billion available for energy efficiency&renewable energy •Towns with populations of 35,000 or more may apply directly •Towns must commit to the funds in 18 months,and spend them within 36 months •Money can be used to create strategy, incentives, rebates,transportation programs,etc. •Information at http://apps1.eere.energy.gov/wip/ Provided a good overview of: •Energy-related resources that can help towns unlock new sources of capital, and spur economic development in a sustainable manner •Getting communities to meet existing building code standards which would do a lot in moving us toward a more sustainable town •Using bonds for reducing energy use in public buildings,etc. •Tax incentives: 30%tax credit, up to$1,500 for 2009-2010 for insulation, energy efficient windows &doors, cool roofs,central air conditioning and heat pumps,furnaces,water heaters,vehicles. Alliance to Save Energy information on tax credits: http://ase.org/content/article/detail/2654 •Update residential codes to 2009 IECC;commercial codes to ASHRAE 90.1 2007 •Adopt national model energy codes; update every three years http://bcap-energy.org/ 13 Keeping Public Safety Up When the 4,, r Economy GoesDown, March 17 -- Abandoned homes, economic recession and cuts in public safety programs and personnel are a dangerous combination that increases the risk to the security of our communities. Federal resources can ensure local and national economic woes don't lead to more crime in Oro Valley. 6) Focus on innovative approaches to policing and other federal support available from the ARRA to keep citizens and property safe during the economic downturn. Keeping Public Safety Up When the Economy Goes Down Abandoned homes, economic recession and cuts in public safety programs and personnel are a dangerous combination that increases the risk to the security of our communities. Learn from the experts about federal resources for your city that can ensure local and national economic woes don't lead to more crime in your area. Panelists will focus on innovative approaches to policing and other federal support available from the stimulus bill to keep citizens and property safe during the economic downturn. Speakers: Timothy J. Quinn, Acting Director, Office of Community Oriented Policing Services (COPS), U.S. Department of Justice, Washington, DC Chuck Wexler, Executive Director, Police Executive Research Forum, Washington, DC Reiteration of some of the key points learned at the DOJ office in regards to the COPs program and possible funding. COPS funded programs are at entry level salary and must be assumed at the end of the grant period. Resource listings referenced. 14 Helping Local Economies During ,.Tough Econom�c March 17Arnimmikk p pNDE99, q:.Whe'. city budgets' swindle, what can municipal leaders do to help families and individuals weather the tough economic times? ..}: The American Recovery and Reinvestment Act feature . number of programs that will benefit individuals and families in financial difficulty. By promoting access to federal benefits, municipalities can increase stability for families and neighborhoods and bring new money into the local economy. Experts discussed the kinds of programs that are available to residents, and how to access those programs. Helping Struggling Families and Local Economies During Tough Economic Times When city budgets dwindle, what can municipal leaders do to help families and individuals weather the tough economic times? The American Recovery and Reinvestment Act features a number of programs that will benefit individuals and families in financial difficulty: expanded unemployment insurance, food stamps, tax credits, health care and other programs. By promoting access to public benefits, cities can increase stability for families and neighborhoods and bring new money into the local economy as families access state or federal benefits. Learn from a panel of experts about the kinds of programs that are available to your residents, and how to access those programs. Moderator: Heidi Goldberg, Program Director, National League of Cities, Institute for Youth, Education, and Families, Washington, DC Speakers: Donna Cohen Ross, Outreach Director, Center on Budget and Policy Priorities, Washington, DC Johnny Dupree, Mayor, Hattiesburg, Mississippi Eliza Greenberg, Commissioner, Elderly Affairs, City of Boston, Boston, Massachusetts Advice on outreach for families in need to put them in touch with available resources. Collected materials on programs and practices that are to be made available to staff. 15 Smart Growth: Planning Moreit,1/446) 'a A09 Livable CommunitiesMarch 17ituseata. iimimoommomormiumak NEo�9,. a. Smart planning choices help create communities that. — Promote social connections — Encourage healthful lifestyles — Create vibrant town environments Smart growth techniques include: — "Complete streets" policies that enable safe access for all users — Farmers' markets that provide locally sourced healthful food choices — Multimodal transportation options that encourage environmentally sustainable economic development Smart Growth: Planning More Livable Communities Smart planning choices help create communities that promote social connections, encourage healthful lifestyles, and create vibrant downtown environments. This workshop will discuss smart growth techniques, including "complete streets" policies that enable safe access for all users, farmers' markets that provide locally sourced healthful food choices and multimodal transportation options that encourage environmentally sustainable economic development. Speakers: Stephanie Potts, Federal Policy Coordinator, Complete Streets,Washington, DC Caroline Decker, Assistant Vice President for Government and Communications, Amtrak,Washington, DC Jennifer McTiernan H.,Executive Director, CitySeed, Inc., New Haven, Connecticut This workshop focused on transportation concepts that enable livable communities. Many of the transit options discussed were more directly applicable to larger communities or communities with different circumstances than those in Oro Valley. Amtrak funding under the recovery bill was a key highlight. 16 Closing General Session, March 17 ¢ -0, + 1 t 1 Valerie Jarrett, Janet Napolitano, White House Secretary, U.S. Senior Advisor Department of Homeland Security Closing General Session Valerie Jarrett,White House Senior Advisor and Assistant to the President for Intergovernmental Relations and Public Liaison, Washington, DC Janet Napolitano, Secretary, U.S. Department of Homeland Security, Washington, DC Napolitano explained that one of the big issues that the department has had and one of the biggest advances that it has made since 9/11 is the issue about sharing of intelligence, useful information that will enable the DHS to connect the dots if some person or group is trying to attack the homeland. She noted that one of the key gaps is it's not as robust as it needs to be in terms of getting information from local police departments and sharing information back that they can actually use. "That's going to be one of the key directions that we take as a department how we can make that intelligence sharing function more robust, how to make sure that we integrate our state and local government partners into the decision-making at the early levels so it's never an afterthought," she said. "[It won't be] 'Oh, by the way, what do those city people think?' You know what? We are the city people. We are the county people. We are the state people. That's all of us." To watch Napolitano's speech online, go to www.nlctv.org. 17 • Senate Briefing for Arizona Delegates, . -0) . March 18 .., A DVNDED 1g�, .9, ikat . k , - - f., ', 't lit 1.' WI:1' , ' ' , **t ' Si 4c ( 4), '' ' ' 8 ' \'°'' ...:.-._ _ ':4 8:00 am — 9:00 am U.S. Senate— Sens. McCain and Kyl Open discussion with Arizona senators and elected officials from around Arizona 9:30 — 10:30 a.m. US House— Rep. Mitchell Open House 18 • U.S. Rep. Harry Mitchell Reception, \YY March 18 _ ...,. -0VNo., / o+■tr! iiiii, 0-..-„,,,,,,,„ . ,,, ,,rie . 74(4,1�' �. c�Ai•fi.,,,„.r� '�' br°s' ", i 41.461A„..„ r t p I 19 0 vr, ilk Api ///. .21100111kowelow A, .,,......mss :: OVNDED 19�; Thanks! Councilmember Barry Gillaspie Councilmember Salette Latas 20 TOWN OF ORO VALLEY tIFIR ISTSPN 2:85 kr& of 3 ',OUNCIL COMMUNICATION MEETING DATE: MARCH 25, 2009 TO: HONORABLE MAYOR AND COUNCIL FROM: STACEY LEMOS, FINANCE DIRECTOR SUBJECT: FY 2008/09 FINANCIAL STATUS REPORT THROUGH FEBRUARY, 2009 SUMMARY: The attached report captures total revenues earned and departmental expenditures through the end of February for the major funds in the budget that are tax-based (General, Highway, Bed Tax, and Transit). A projected year-end total revenue estimate is provided for each fund and compared to the budgeted revenue for the year. A projected year-end expenditure estimate is also provided for each fund and compared to the budgeted expenditures for the year. Comparing the projected year-end revenue amount to total estimated year-end expenditures in each fund will show the anticipated operating deficit/surplus resulting in respective increases or decreases to the fund balance at year-end. A more detailed explanation by fund is provided as follows: General Fund Attachment A shows General Fund revenues and expenditures-to-date through February, as well as year-end estimates for each. Through February, revenue collections totaled $18,815,701 and expenditures totaled S 18,755,351. The year-end projections in the General Fund are as follows: Revenues $ 27,843,589 Expenditures 29,242,344 Estimated Operating Deficit ($ 1,398,755) The above year-end expenditure estimates have now been updated by the departments as part of the budget preparation process for FY 2009/10. The following identified cost savings have been incorporated to arrive at the above year-end expenditure projections: No MOC Debt Service payment $ 833,000 No Tax Rebate for Sanofi Aventis 360,000 Insurance Premium cost savings 100,000 No General Fund Transfer to Capital Asset Replacement Fund (CARF) 500,000 Vacancy Savings (hiring freeze) 271,835 Sales Tax Rebate savings 391,846 Total Cost Savings $2,456,681 iiierne FY 2008/09 budget, however, was adopted with a budgeted use of cash reserves (or decrease of fund glance) in the amount of $1,730,535 for one-time expenditures such as capital improvement projects (CIP), TOWN OF ORO VALLEY Page 2 of 3 ;OUNCIL COMMUNICATION MEETING DATE: MARCH 25, 2009 State Land and miscellaneous annexation expenditures, update of the Environmentally Sensitive Land Ordinance (ESLO), the November election costs and costs for the cultural and historic resources inventory. The full amount of this use of cash reserves is not expected to be realized this fiscal year since a number of the above-mentioned projects will not be completed before fiscal year-end and will need to be carried forward in next fiscal year's budget, such as the update of the ESLO (contract has been awarded and work commenced) and the cultural and historic resources inventory (scope of work being reviewed by Historic Preservation Commission). In addition, the current year budget included $300,000 for legal fees associated with the Arroyo Grande State Land annexation expenses, and only $45,000 is anticipated to be expended this fiscal year. Finally, $70,000 was budgeted for the November, 2008 special election for Naranja Town Site, and only $33,000 was expended because it was a consolidated election with Pima County. Highway Fund In the Highway Fund (Attachment B), revenues collected through February total $3,314,295, while expenditures through February total $2,832,059. The year-end projections in the Highway Fund are as follows: Revenues $ 5,327,555 Expenditures 5,110,698 Estimated Operating Surplus $ 216,857 Even with revenues in this fund expected to end the year at 9.3% below budget, expenditures have been updated through year-end to exclude the amount budgeted for the debt service payment for the Municipal Operations Center bonds in the amount of $487,843 and reflect estimated vacancy savings due to the hiring freeze of$41,406. The budget in this fund was also adopted with a budgeted use of cash reserves in the amount of $263,756 to fund carry forward roadway surface treatment projects from last fiscal year. Bed Tax Fund In the Bed Tax Fund (Attachment C), revenues collected through February total $594,138, while expenditures total $358,004. The year-end projections in the Bed Tax fund are as follows: Revenues $ 1,241,766 Expenditures 627,855 Estimated Operating Surplus $ 613,911 These funds may be a viable source of recurring revenues to provide support to both the General Fund and the Highway Fund next fiscal year given the expectation of declining State shared revenues, reduced building permit activity and no significant growth in local sales taxes. Public Transportation Fund "in the Public Transportation Fund (Attachment D), revenues collected through February total $495,936, while expenditures total $635,690. Year-end projections in this fund indicate an estimated operating deficit of TOWN OF ORO VALLEY Page 3 of 3 -,OUNCIL COMMUNICATION MEETING DATE: MARCH 25, 2009 $84,977. Staff will further monitor the year-end projections in this fund to determine whether this projected deficit could be covered by below budget level spending for the remainder of the year. ATTACHMENTS: 1. ATTACHMENT A — General Fund Financial Status Report through February, 2009 2. ATTACHMENT B — Highway Fund Financial Status Report through February, 2009 3. ATTACHMENT C — Bed Tax Fund Financial Status Report through February, 2009 4. ATTACHMENT D — Public Transportation Fund Financial Status Report through February, 2009 Stacey Lem s, Finance Director U.41/ 4 David Andrews, Town Manager ��JP``EY6) tik�o2 ATTACHMENT A O y „, �� ;. ,�.:� 'February YTD Financial Status FY 2008/2009 nUNDED,,,N General Fund FINANCING SOtM: ;:i. Actuals Budget Year End %thru 2/2009 Estimate to Budget BUDGETED DECREASE IN FUND BALANCE 1,730,535 REVENUE: LOCAL SALES TAX 8,993,919 14,112,072 13,117,610 -7.0% LICENSES& PERMITS 1,010,506 1,842,250 1,360,447 -26.2% FEDERAL GRANTS 178,221 717,503 237,936 -66.8% STATE GRANTS 78,477 285,744 107,442 -62.4% STATE/COUNTY SHARED 7,084,517 10,991,773 10,754,437 -2.2% OTHER INTERGOVERNMENTAL 338,224 650,083 621,783 -4.4% CHARGES FOR SERVICES 719,473 1,059,961 1,009,228 -4.8% FINES 195,423 250,000 277,090 10.8% INTEREST INCOME 137,507 600,000 232,730 -61.2% MISCELLANEOUS 79,433 125,000 124,886 -0.1% TOTAL FINANCING SOURCES $ 18,815,701 $ 32,364,921 $ 27,843,589 -14.0% 77,77'FINANCINGUSES , , ' '; Actuals Budget Year End thru 2/2009 g Estimate to Budget EXPENDITURES: TOWN COUNCIL 155,812 242,051 238,732 -1.4% TOWN CLERK 276,138 463,791 412,216 -11.1% TOWN MANAGER 607,344 962,962 940,523 -2.3% ,,, HUMAN RESOURCES 228,161 392,659 360,496 -8.2% ECONOMIC DEVELOPMENT 54,016 188,747 75,895 -59.8% FINANCE 562,012 864,411 849,540 -1.7% INFORMATION TECHNOLOGY 748,816 1,074,651 1,070,056 -0.4% GENERAL ADMINISTRATION 2,014,897 5,143,962 2,908,324 -43.5% LEGAL 575,570 994,667 951,732 -4.3% COURT 480,215 815,079 749,937 -8.0% FACILITIES MAINTENANCE 174,465 303,279 297,620 -1.9% PLANNING&ZONING 841,858 1,614,458 1,394,379 -13.6% BUILDING SAFETY 939,279 1,604,616 1,454,551 -9.4% DEVELOPMENT REVIEW 329,126 523,225 513,215 -1.9% LIBRARY 786,205 1,309,983 1,257,485 -4.0% PARKS& RECREATION 1,362,121 2,192,280 2,093,543 -4.5% PUBLIC SAFETY 8,619,315 13,674,100 13,674,100 0.0% TOTAL FINANCING USES 18,755,351 32,364,921 29,242,344 -9.6% YEAR END ESTIMATED DECREASE IN FUND BALANCE (1,398,755) Now G:\BUDGET ANALYST\Financial Reports 2008-2009\3Q\February FY09 Fund Update_General Fund.xls 3/17/20094:32 PM • �OJPLLEYqj�O� ATTACHMENT B O ,.-r T 6) t I. AA � M t February YTD Financial Status FY 2008/2009 741, Abti1g�a NDED ,4. Highway Fund FINANCING SOURCES Actuals Budget Year End thru 2/2009 Estimate to Budget BUDGETED DECREASE IN FUND BALANCE 263,756 REVENUE: LOCAL SALES TAX 1,641,951 2,231,463 2,507,234 12.4% LICENSES& PERMITS 17,855 32,000 24,526 -23.4% STATE GRANTS 77,274 - 77,274 100.0% STATE/COUNTY SHARED 1,516,439 3,160,116 2,631,021 -16.7% INTEREST INCOME 52,400 180,000 75,223 -58.2% MISCELLANEOUS 8,377 5,000 12,277 145.5% TOTAL FINANCING SOURCES $ 3,314,295 $ 5,872,335 $ 5,327,555 -9.3% ,_;:;x E''$; t.VttlEr;I.tai FRa '- Actuals Year End / Budget thru 2/2009 Estimate to Budget EXPENDITURES: ADMINISTRATION 624,178 1,418,123 888,097 -37.4% CONSTRUCTION DESIGN &MANAGEMENT 751,836 2,161,079 1,975,390 -8.6% HIGHWAY PERMITTING 46,316 74,698 72,217 -3.3% PAVEMENT MANAGEMENT 188,686 288,687 288,913 0.1% STREET MAINTENANCE 1,003,148 1,570,454 1,524,216 -2.9% TRAFFIC ENGINEERING 217,895 359,294 361,865 0.7% 1 TOTAL FINANCING USES 2,832,059 5,872,335 5,110,698 -13.0% YEAR END ESTIMATED INCREASE IN FUND BALANCE 216,857 G:\BUDGET ANALYST\Financial Reports 2008-2009\3Q\February FY09 Fund Update_Highway Fund.xis • ' ' JP,��yy,y,, ATTACHMENT C 6,-.9„-ia -- ik, `_^ Af' FebruaryYTD FinanciaI Status FY 2008/2009 ,. wilf, , ir �K ,-°,tio�u�°'-, Noisy Bed Tax Fund FINANCIN SOU C �'► Actuals Year End 0/0' ' ��.�, .�.=t�#,��r.:..��.��,_ .zt Budget thru 2/2009 Estimate to Budget REVENUE: LOCAL SALES TAX 583,905 1,639,071 1,228,254 -25.1% INTEREST INCOME 10,233 20,000 13,512 -32.4% MISCELLANEOUS 0.0% TOTAL FINANCING SOURCES $ 594,138 $ 1,659,071 $ 1,241,766 -25.2% ,,,,, .•.,. .."r- v .~., £,,,-,i s t H•t a"sj y: Actuals ' Bud et Year End thru 2/2009 g Estimate to Budget EXPENDITURES: ECONOMIC DEVELOPMENT 320,501 646,587 577,803 -10.6% GENERAL ADMINISTRATION 12,069 - 12,069 100.0% PARKS & RECREATION 25,435 37,983 37,983 0.0% TOTAL FINANCING USES 358,004 684,570 627,855 -8.3% BUDGETED VS. ESTIMATED INCREASE IN FUND BALANCE 974,501 613,911 G:\BUDGET ANALYST\Financial Reports 2008-2009\3Q\February FY09 Fund Update_Bed Tax Fund.xls • ' ' `Q0JP`�EYAR�`y4 ATTACHMENTD 0 AT p �y 4 . 4 . t February YTD Financial Status FY 2008/2009 , .-rt-'7.44 4‘°LINoED ACPbi Niko, Public Transportation Fund . , rp Q•.,::.x nLF<vF..•>N< Ax.:tYy:tN.:f@ Ci Xr. O• g<.c fs R.e. y,y.. ,.. \'''''':.r Actuals Year End 0/0 Budget thru 2/2009 Estimate to Budget BUDGETED DECREASE IN FUND BALANCE 59,180 REVENUE: FEDERAL GRANTS - 60,000 60,000 0.0% STATE GRANTS 255,201 975,321 970,993 -0.4% CHARGES FOR SERVICES 40,194 62,830 56,568 -10.0% INTEREST INCOME 1,493 20,000 2,469 -87.7% MISCELLANEOUS 450 10,000 7,371 -26.3% OTHER FINANCING SOURCES 198,598 198,598 198,598 0.0% TOTAL FINANCING SOURCES $ 495,936 $ 1,385,929 $ 1,295,999 -6.5% ii,,,:,,„.,:..,,,,,,,,,i,„;,t, �....,.. 1 A C N,,a USES .,k,:. .� Actuals Year End 0/0 Budget thru 2/2009 Estimate to Budget EXPENDITURES: ADMINISTRATION 66,015 104,220 107,272 2.9% FLEET MAINTENANCE 39,312 69,926 63,796 -8.8% OPERATIONS 265,714 536,783 504,908 -5.9% RTA SERVICES 264,650 675,000 705,000 4.4% TOTAL FINANCING USES 635,690 1,385,929 1,380,976 -0.4% , YEAR END ESTIMATED DECREASE IN FUND BALANCE (84,977) G.\BUDGET ANALYST\Financial Reports 2008-2009\3Q\February FY09 Fund Update_Transit Fund.xls TOWN OF ORO VALLEY Page 1 of 2 iitts000UNCIL COMMUNICATION MEETING DATE: March 25,2009 TO: HONORABLE MAYOR AND COUNCIL FROM: JOSE RODRIGUEZ,P.E.,ENGINEERING DIVISION MANAGER SUBJECT: RESOLUTION NO. (R)09 - 1 , AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA, TOWN OF ORO VALLEY AND PIMA COUNTY, ARIZONA FOR A DESIGN CONCEPT REPORT (DCR) REGARDING THE CONSTRUCTION OF ROADWAY IMPROVEMENTS ON TANGERINE ROAD BETWEEN INTERSTATE 10 AND LA CANADA DRIVE. • SUMMARY: The construction of roadway improvements on Tangerine Road between Interstate 10 and La Canada Drive has been identified and approved as one of the projects listed in the Regional Transportation Authority (RTA) plan. The project limits are located within three jurisdictions: Town of Oro Valley, Town of Marana and Pima County. Staff from the Towns of Oro Valley and Marana Public Works, and Pima County Transportation have been working together on the initial planning of the Tangerine Road Widening Project. Per the RTA plan, construction for the Tangerine Road Widening is slated to commence in the Second Period (410„:7-:Y 2012) and continue through the Third (FY 2017) and Fourth Periods (FY 2022) Since the design for this project is goingto take several years, it is advantageous to begin the design study as soon as possible. The first p J step is to perform a Design Concept Report (DCR), Traffic Impact Analysis, Access Management Report, Geometries and roadway section requirements. Further, since seventy-seven percent(77%) of the roadway is located within the Town of Marana,twenty(20%) within Oro Valley and three percent (3%) in Pima County, it was agreed by all three jurisdictions to allow Marana to take the lead in the Design Concept Report and subsequent studies as outlined in the agreement. The Intergovernmental Agreement before you this evening will authorize the Mayor and Council of the Town of Oro Valley to enter into an Intergovernmental Agreement with the Town of Marana and Pima County for the purpose of selecting an engineering consulting firm to conduct and prepare a Design Concept Report(DCR) regarding the design for subsequent design and construction of the widening of Tangerine Road between Interstate I-10 and La Canada Drive. The funding for the DCR will be paid for by Regional Transportation Authority (RTA)Funds. The Intergovernmental Agreement between the Town of Marana and the Town of Oro Valley is necessary to facilitate the delivery of the study as identified in the Regional Transportation Plan("the Plan") approved by voters in May 2006. TOWN OF ORO VALLEY Page 2 of 3 COUNCIL COMMUNICATION MEETING DATE: March 25, 200f,od The DCR will consist of: A. Traffic Impact Analysis B. Access Management Report C. Level of Service analyses for roadway segments and intersections D. Geometric and operational requirements E. Cross Sections of Roadway Requirements F. Right(s) of way and easements associated with the improvements G. Multi-Modal elements H. Drainage I. Utility Issues J. Environmental and Archaelogy K. Construction Cost Estimate FISCAL IMPACT: None, the total cost of the DRC will be paid by the Regional Transportation Authority. ATTACHMENTS: 1) Resolution R(09) - 15 Ns) 2) Intergovernmental Agreement between the Town of Marana, Town of Oro Valley and Pima County for a Design Concept Report (DCR) regarding the construction of roadway improvements on Tangerine Road between Interstate 10 and La Canada Drive. SUGGESTED MOTIONS: The Town may wish to consider one of the following motions: I move to approve Resolution (R)09 - 15 Authorizing and approving an Intergovernmental Agreement between the Town of Marana, Town of Oro Valley and Pima County for a Design Concept Report (DCR) regarding the construction of roadway improvements on Tangerine Road between Interstate 10 and La Canada Drive. OR I move to deny Resolution (R) 09 - 15 Authorizing and approving an Intergovernmental Agreement between the Town of Marana, Town of Oro Valley and Pima County for a Design Concept Report (DCR)regarding the construction of roadway improvements on Tangerine Road between Interstate 10 and La Canada Drive. TOWN OF ORO VALLEY Page 3 of 3 COUNCIL COMMUNICATION MEETING DATE: March 25, 2009 Nor J se Rodrigu-z, P.E. ngineering Division Mgr ) it 0 `e‘ Craig Civalie', P.E., Town Engineer g_ ,,,,, ,,, ,„„ Jerene Watson, Assistant Town Manager 0,,,.,,,,d Cp,,,.,, David Andrews, Town Manager RESOLUTION NO. (R) 09- 15 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY, THE TOWN OF MARANA AND PIMA COUNTY FOR A DESIGN CONCEPT REPORT REGARDING THE CONSTRUCTION OF ROADWAY IMPROVEMENTS ON TANGERINE ROAD BETWEEN INTERSTATE 10 AND LA CANADA DRIVE WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, pursuant to A.R.S. § 11-952, the Town of Oro Valley, the Town of Marana and Pima County are authorized to enter into Intergovernmental Agreements for joint and cooperative action; and WHEREAS, pursuant to A.R.S. § 9-276, the Town is authorized to lay out, maintain, control and manage public roads within its jurisdictional boundaries; and WHEREAS, the Town of Oro Valley, the Town of Marana and Pima County desire to enter into an Intergovernmental Agreement to obtain a Design Concept Report regarding the construction of roadway improvements on Tangerine Road from Interstate I-10 to La Canada Drive; and WHEREAS, all parties to the Intergovernmental Agreement shall have input into the Design Concept Report; and WHEREAS, at no cost to the Town, the Design Concept Report shall be separately contracted for by the Town of Marana and paid for with Regional Transportation Authority funds; and WHEREAS, it is in the best interest of the Town of Oro Valley to enter into the Intergovernmental Agreement, attached hereto as Exhibit "A", with the Town of Marana and Pima County to obtain a Design Concept Report regarding the construction of roadway improvements on Tangerine Road from Interstate I-10 to La Canada Drive. \\Legal\sharefiles\Public Works\IGA's\Marana and TOV re Widening Tangerine Road\Resolution.doe Town of Oro Valley Attorney's Office/ca/020209 w THEREFORE, BE IT RESOLVED, by the Mayor and Town Council of the Town of Oro Valley, Arizona that: 1. The Intergovernmental Agreement, attached hereto as Exhibit "A" and incorporated herein by this reference, by and between the Town of Oro Valley, the Town of Marana and Pima County for a Design Concept Report regarding the construction of roadway improvements on Tangerine Road from Interstate I-10 to La Canada Drive is hereby approved. 2. The Mayor and any other administrative officials are hereby authorized to take such steps necessary to execute and implement the terms of the Intergovernmental Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 25 day of March , 2009. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: -440 Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date Date \\Legal\sharefiles\Public Works\IGA's\Marana and TOV re Widening Tangenne Road\Resolution.doe Town of Oro Valley Attorney's Office/ca/020209 EXHIBIT " " (kw A \\Legal\sharefiles\Public Works\IGA's\Marana and TOV re Widening Tangerine Road\Resolution.doe Town of Oro Valley Attorney's Office/ca/020209 INTERGOVERNMENTAL AGREEMENT `lo.- BETWEEN TOWN OF MARANA, TOWN OF ORO VALLEY AND PIMA COUNTY, ARIZONA FOR A STUDY REGARDING THE WIDENING OF TANGERINE ROAD BETWEEN INTERSTATE 10 AND LA CANADA DRIVE This Intergovernmental Agreement ("IGA") is entered into this day of 200 , by and between the Town of Manana, a, municipal corporation, hereinafter referred to as "MARANA"; Town of Oro Valley, a municipal corporation, hereinafter referred to as "ORO VALLEY", and Pima County, Arizona, a political subdivision of the State of Arizona, hereinafter referred to as "COUNTY", and collectively referred to as the"PARTIES". RECITALS WHEREAS, MARANA, ORO VALLEY and COUNTY may contract for L services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-952; and WHEREAS, MARANA and ORO VALLEY are empowered by A.R.S. § 9-240 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the Town; and WHEREAS, The PARTIES wish to enter into this Agreement for the purpose of selecting an engineering consulting firm to conduct and prepare a Study hereinafter referred to as "DESIGN CONCEPT REPORT" (DCR), regarding the design for subsequent construction of roadway improvements on Tangerine Road from Interstate 10 (I-10) (MARANA)to La Canada Drive (ORO VALLEY); and WHEREAS, the PARTIES shall work collectively and cooperatively together to obtain a DCR for the design and subsequent construction of roadway improvements on Tangerine Road from I-10 (MARANA) to La Canada Drive (ORO VALLEY); and WHEREAS, the funding for the DCR shall be paid for by the Regional Transportation Authority(RTA). NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the PARTIES agree as follows: AGREEMENT Ned MARANA'S Responsibilities A. Shall take the lead management role. B. Shall appoint one person from MARANA to be on the Consultant's Selection Panel to work collectively and cooperatively with other PARTIES to select additional Panel member(s) as may be determined. II. ORO VALLEY'S Responsibilities A. Shall be an associate participant and provide input and direction as to how the project as it relates to the DCR will progress and how it will be performed within the jurisdiction of the Town of Oro Valley and shall provide review services for the performed progress submittals and final submittal of the DCR. B. Shall appoint one person from ORO VALLEY to be on the Consultant's selection Panel to work collectively cooperatively with other PARTIES to select additional Panel member(s) as may be determined. III. COUNTY'S Responsibilities A. Shall be an associate participant and provide input and direction as to how the project as it relates to the DCR will progress and how it will be performed ,44$00) within the jurisdiction of Pima County and shall provide review services for the performed progress submittals and final submittal of the DCR. B. Shall appoint one person from COUNTY to be on the Consultant's Selection Panel to work collectively and cooperatively with other PARTIES to select additional Panel member(s) as may be determined. IV. Scope of Work This agreement constitutes only for the work scoped herein described. It will not be and is not extended to any other work for construction and/or maintenance of any project that will be subsequent to the work described herein. A DCR shall provide elements which shall include, but not be limited to the following: A. Traffic Impact Analysis. B. Access Management Report. C. Level of Service analyses for roadway segments and intersections. D. Geometric and operational requirements (including, but not limited to: number of lanes [turn-lane needs (left, right or combinations thereof), through lanes], lane widths, and signalization needs. E. Cross Sections of Roadway Requirements Nod C:\Documents and Settings\jrodnguez\My Documents\OLD FILES\CAPITAL PROJECTS\TANGERINE ROAD RTA PROJECT\F1NAL IGA PROPOSAL FOR OV COUNCIL APPROVAL\2009-0116 2 IGA FOR TANGERINE ROAD 1-10 TO LA CANADA(final).doc 1. MARANA'S approved cross section(s) shall be utilized between I- 10 and the TOWN'S eastern TOWN limits. 2. A transition section will be utilized in the vicinity of MARANA'S easterly TOWN limits and ORO VALLEY'S westerly TOWN limits. 3. ORO VALLEY'S approved cross section(s) shall be utilized between the western TOWN limits of ORO VALLEY and La Canada Drive. F. Right(s)-of-way and easement(s), existing and proposed, associated with the roadway improvements. G. Multi-Modal needs of the roadway as directed by all parties involved. 1. Public transit pull-outs. 2. Paved multi-use path. 3. Multi-use lanes. 4. Sidewalks H. Drainage needs for the proposed design. 1. Sizing of drainage facilities to also be determined based on recommendations resulting from wildlife crossing evaluation that is to be performed in conjunction with the overall project development.. I. Utility adjustments, relocations, abandonments in place, removals, and new construction requirements. J. Environmental and Archaeology 1. Wildlife Linkages Study—determine appropriate locations and sizes for wildlife crossings to make sure they are consistent with Marana's Preliminary Habitat Conservation Plan. 2. Sonoran Desert Conservation Plan and Road Scenic Corridor Overlay on Tangerine Road Scenic Corridor Overlay District. 3. Clean Water Act, Section 404—complete a jurisdictional delineation and other preliminary compliance documents. 4. Archeology- complete an archaeology study and other preliminary archaeology work along with recommendations associated therewith. K. Provide a probable Estimate of Construction Cost(s) for the roadway improvements with discussions relative to escalation of cost(s) with respect to out years. 4IW C\Documents and Settings\jrodriguez\My Documents\OLD FILES\CAPITAL PROJECTS\TANGERINE ROAD RTA PROJECT\FINAL IGA PROPOSAL FOR OV COUNCIL APPROVAL\2009-0116 3 IGA FOR TANGERINE ROAD 1-10 TO LA CANADA(final).doc V. DCR N sid A. The work that is to be performed as described herein shall be achieved and completed by an engineering consulting firm, hereinafter referred to as "CONSULTANT". CONSULTANT shall be selected by a Selection Committee Panel consisting of not less than three (3) or more than five (5) members, hereinafter referred to as the "PANEL". All PARTIES shall agree upon the number of PANEL members prior to the formation of same. Each of the participating PARTIES (MARANA, ORO VALLEY, and COUNTY) shall have one (1) member each. Another member of the PANEL may consist of an individual from a private professional engineering consulting firm, and shall possess a Professional Engineering License issued by the State of Arizona at the time of the formation of the PANEL, or be a certified member of the American Institute of Planners (AICP) at the time of the formation of the PANEL. The selected member of the private consulting engineering firm shall be selected based upon a consensus of the PARTIES. The private consultant shall not have the right to be selected as the CONSULTANT to perform the said work as described herein or as provided by the formed PANEL hereinafter. If decided upon by all parties, a fifth member of the PANEL shall consist of a member of another local municipal corporation within the State of Arizona. B. The PANEL shall decide upon selection criteria and associated rating(s) .•.•4010 prior to the advertisement for the Solicitation of Qualifications for the project. The PANEL shall rate each Consultant based upon the agreed criteria and rating system. The three (3) highest scoring Consultants may be selected for an interview, unless the PANEL has compelling rationale and unanimously agrees that an interview is not necessary. If an interview is necessary, the PANEL shall agree upon the questions, presentation criteria and time frame, and rating associated with same prior to the interviews. The PANEL shall determine prior to the interview, if one is determined to be required, how the selection of the CONSULTANT will be determined for possible award, i.e., total points accumulated to date or based solely on the interview evaluation rating system. C. If any member of the PANEL is removed or becomes ineligible due to change of employment, by means of conflict of interest, or any other reason prior to the selection of the CONSULTANT, the PANEL at its sole discretion may either replace the panel member with a unanimous vote with another member of the same jurisdiction or agency as the departing member, or may choose not to replace the departing member. It will be at the pleasure of the PANEL to decide if the panel member will be replaced. If a decision is not reached as to how the departing member is to either be replaced or omitted from the selection process, the PANEL C:\Documents and Settings\jrodriguez\My Documents\OLD FILES\CAPITAL PROJECTS\TANGERINE ROAD RTA PROJECT\FINAL IGA PROPOSAL FOR OV COUNCIL APPROVAL\2009-0116 4 IGA FOR TANGERINE ROAD 1-10 TO LA CANADA(final).doc shall be disbanded, and the selection of a new PANEL shall be selected with the same criteria as described herein. The new PANEL shall restart the selection process of the CONSULTANT. D. After the selection of the CONSULTANT, the PANEL shall be disbanded and shall not be effective for any part of the project hereafter, except if individuals from the PANEL are involved in the project individually. E. After the selection of the CONSULTANT, all PARTIES shall agree upon the Consultant's liability insurance requirement(s), detailed scope of work and possible cost to perform the work. The CONSULTANT shall provide the scope and cost proposal and MARANA shall distribute it to all PARTIES. Comments, changes and revisions shall be provided to the CONSULTANT for inclusion and/or exclusion of the Scope of Work. All PARTIES shall be signatories to the final Scope and Cost of Work that is to be performed. If Change Orders are necessary as revisions to the Consultant's original scope of work, the municipality that directed the Change Order will be responsible for obtaining additional RTA funds for the cost associated with the Change Order. If a Change Order is required and affects all PARTIES, then all PARTIES shall be signatories to the Change Order. The PARTIES signing this change order shall identify and describe the cost sharing and funding mechanisms of the Change Order prior to the execution of the Change Order. VI. Termination. Any PARTY to the Agreement may terminate this Agreement for material breach of the Agreement by any other PARTY to the Agreement. Prior to any termination under this paragraph, the PARTY allegedly in default shall be given written notice by the other PARTIES of the nature of the alleged default. The PARTY said to be in default shall have fifteen (15) calendar days to cure the default. If the default is not cured within the specified time frame, the other PARTIES may terminate the Agreement. Any such termination shall not relieve any PARTY from liabilities or costs already incurred under this Agreement. VII. Non-assignment. PARTIES to this Agreement shall not assign rights i hts under g this Agreement to any other PARTY. VIII. Amendment(s). This Agreement may be, altered, amended, changed or modified by a duly executed instrument signed by all PARTIES. IX. Construction and Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the PARTIES as expressed in the recitals hereof. C:\Docunments and Settings\jrodriguez\My Documents\OLD FILES\CAPITAL PROJECTS\TANGERINE ROAD RTA PROJECT\FINAL IGA PROPOSAL FOR OV COUNCIL APPROVAL\2009-0116 5 IGA FOR TANGERINE ROAD 1-10 TO LA CANADA(final)don -ems .' X. Captions and Headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this 'gig) Agreement. XI. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the PARTIES agree to meet promptly upon request of the other PARTY in an attempt to reach an agreement on a substitute provision. XII. Conflict of Interest. This Agreement is subject to the provisions of A.R.S. § 38- 511. XIII. Ownership of Improvements. Ownership and title to all materials submitted and performed as part of this DCR pursuant to this Agreement shall automatically vest equally with MARANA, ORO VALLEY and COUNTY. upon completion of the Project. XIV. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of MARANA, ORO VALLEY or COUNTY. XV. No Joint Venture. It is not intended by this Agreement to, and nothing contained vad in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the PARTIES or create any employer-employee relationship between MARANA, ORO VALLEY, and/or COUNTY employees. The PARTIES shall not be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other PARTY'S obligation to withhold Social Security and income taxes for itself or any of its employees. XVI. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or effect the legal liability of the PARTIES to the Agreement by imposing any standard of care different from the standard of care imposed by law. XVII. Compliance with Laws. The PARTIES shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. A. Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order Number 99-4 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Agreement. B. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,42 Nod C:\Documents and Settings\jrodriguez\My Documents\OLD FILES\CAPITAL PROJECTS\TANGERINE ROAD RTA PROJECT\F1NAL IGA PROPOSAL FOR OV COUNCIL APPROVAL\2009-0116 6 IGA FOR TANGERINE ROAD 1-10 TO LA CANADA(final).doc U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. XVIII.Waiver. Waiver by any PARTY of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. XIX. Notification. All notices or demands upon any PARTY to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: MARANA TOWN OF ORO VALLEY Barbara Johnson Craig Civalier, P.E. General Manager, Public Services Town Engineer Town of Marana Town of Oro Valley 11555 W. Civic Center Drive 11000 N. La Canada Drive Marana, Arizona 85653 Oro Valley, Arizona 85737 Cc: Frank Cassidy Cc: Tobin Rosen Town Attorney Town Attorney Town of Marana Town of Oro Valley (itior 11555 W. Civic Center Drive 11000 N. La Canada Drive Marana, Arizona 85653 Oro Valley, Arizona 85737 PIMA COUNTY Priscilla Cornelio, P.E. Director, Department of Transportation Pima County 201 N. Stone Avenue, 4th floor Tucson, Arizona 85701-1207 Cc: Hal Gilbreath County Attorney Pima County 32 N. Stone Avenue, Suite 2100 Tucson, Arizona 85701-1412 XX. Remedies. Any PARTY to this Agreement may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to (klisr any other right or remedy existing at law or in equity or by virtue of this Agreement. C\Documents and Settings\jrodriguez\My Documents\OLD FILES\CAPITAL PROJECTS\TANGERINE ROAD RTA PROJECT\FINAL IGA PROPOSAL FOR OV COUNCIL APPROVAL\2009-0116 7 IGA FOR TANGERINE ROAD 1-10 TO LA CANADA(final).don XXI. Entire Agreement. This instrument constitutes the entire Agreement between the PARTIES pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. IN WITNESS WHEREOF, the Town of Marana, the Town of Oro Valley and Pima County have caused this Agreement to be executed by the Mayor and Council of the Town of Marana and the Town of Oro Valley, upon resolution of the their respective Mayor and Council, and by the Chairman and Board of Supervisors of Pima County upon resolution of said Supervisors and attested to by the Clerk of the Town of Marana, the Clerk of the Town of Oro Valley and Clerk of the Board of Supervisors of Pima County TOWN OF MARANA TOWN OF ORO VALLEY Ed Honea, Mayor Paul H. Loomis, Mayor ATTEST: ATTEST: ,4100 Jocelyn C. Bronson, Town Clerk Kathryn E. Cuvelier, Town Clerk Date: Date: PIMA COUNTY Richard Elias, Chairman, Board of Supervisors ATTEST: Lori Godoshian, Pima County Clerk, Board of Supervisors Date: No) C:\Docunments and Settings\jrodriguez\My Documents\OLD FILES\CAPITAL PROJECTS\TANGERINE ROAD RTA PROJECT\FINAL IDA PROPOSAL FOR OV COUNCIL APPROVAL\2009-0116 8 !GA FOR TANGERINE ROAD 1-10 TO LA CANADA(final)doe 1. INTERGOVERNMENTAL DETERMINATION Pursuant to A.R.S. § 11-952, the attorney for the Town of Marana, Town of Oro Valley, y and Pima County hereto have determined that the foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of this State. MARANA TOWN OF ORO VALLEY Frank Cassidy, Town Attorney Tobin Rosen, Town Attorney Date: Date: PIMA COUNTY County Attorney Date: C\Documents and Settings\jrodriguez\My Documents\OLD FILES\CAPITAL PROJECTS\TANGERINE ROAD RTA PROJECT\FINAL IGA PROPOSAL FOR OV COUNCIL APPROVAL\2009-0116 9 IGA FOR TANGERINE ROAD 1-10 TO LA CANADA(final).doc TOWN OF ORO VALLEY Page 1 of 3 COUNCIL COMMUNICATION MEETING DATE: March 25, 2009 TO: Honorable Mayor and Town Council FROM: Philip C. Saletta, P.E., Water Utility Director Stacey Lemos, Finance Director SUBJECT: Resolution No. (R) 09- 15 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE WATER UTILITY DEPARTMENT OF THE TOWN OF ORO VALLEY TO APPLY FOR A DRINKING WATER REVOLVING FUND LOAN FROM THE WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA (WIFA) FOR THE ORO VALLEY WATER UTILITY PHASE I EXISTING SYSTEM IMPROVEMENT PROJECTS AND THE NORTHWEST WATER PROVIDERS CAP WATER DELIVERY SYSTEM DESIGN PROJECT SUMMARY: The Oro Valley Water Utility has submitted several projects to the Arizona Water Infrastructure Finance Authority (WIFA) for financing. These projects were approved by the WIFA Board and placed on the Drinking Water Project Priority List. This is the first step required to receive low interest loans or American Recovery and Reinvestment Act - Economic Stimulus (ARRA) funds through WIFA. The next required step is to acquire debt authorization from the governing body to proceed with a WIFA application. The final steps in the loan process are to acquire Council approval of the final loan documents and close on the loan. The projects on the WIFA Priority List are as follows: • Phase 1 — $6,570,000 o Replacement Well E-1 o North La Canada Reservoir o Innovation Drive Water Main Replacement o Sheraton C-D Booster Pump Station Replacement and Upgrade • Phase 2 — $5,300,000 o Tangerine Hills Water Main Replacement o Campo Bello Subdivision Water Main Replacement o New Well at Steam Pump Ranch • NW Water Providers CAP Water Treatment and Delivery System Design - $4,000,000 This request for this debt authorization is for Phase 1 Existing System Improvements Projects and NWWP CAP Water Treatment and Delivery System which total $10,570,000. The request for debt authorization at this time is for $11,000,000. WIFA Debt Authorization for Phase 2 will be requested later in 2009. On March 9, 2009 the Water Utility Commission approved a motion to recommend to Town Council to approve this request for WIFA Debt Authorization. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 In accordance with the WIFA loan application process, this is authorization prior to approval of a loan application by the WIFA Board. After the approval of the WIFA Board, the loan documents will be presented to Council for final approval. Although this is a difficult financial time, there are significant benefits to proceed with financing through WIFA at this time. These include the availability of lower interest rates as well as eligibility for ARRA funds. According to WIFA, ARRA funds will be low interest loans with "forgiven principal." We do not know to what extent the "forgiven principal" will be but it may be as much as 25% of the loan amount. The final terms and conditions in the loan documents will define the rate and any forgiven principal. Currently, Oro Valley is listed at 85% of the interest rate that WIFA can secure and this is also beneficial. In addition, WIFA loans have very low fees and there are no underwriter costs. One of the requirements for filing an application for financing through WIFA is a resolution adopted by the governing body of the applicant that authorizes the Town to apply for financing. Once the Town has been authorized to apply for the WIFA financing, Staff will complete the loan application and submit it to WIFA. The information requested in the loan application includes the following: • Applicant Information • Managerial Capacity • Financial Capacity • Technical Capacity • Project Data The Town and Water Utility will prepare and review our loan application before it is presented to the WIFA Board of Directors for their approval. Upon WIFA approval of the loan, another Resolution will be presented to the Water Utility Commission (or to the WUC Finance Subcommittee, if delegated) for recommendation to the Town Council for their approval of the final loan amount, terms and conditions of the loan. A Resolution is attached for Council's consideration for approval which authorizes Stacey Lemos, Finance Director and Philip Saletta, Water Utility Director to apply for WIFA financing, submit a loan application and take such actions as are necessary to receive loan approval. This request is not to exceed $11,000,000. FISCAL IMPACT: The adoption of Resolution No. (R) 09- 15 authorizing the Town to apply for a loan from the Water Infrastructure Finance Authority of Arizona will have no financial impact in and of itself. Upon WIFA approval of the loan, the Council will be presented and asked to consider approval of another Resolution that will authorize and approve the final loan amount and the terms of the loan. It is anticipated that the loan amount will be approximately $11,000,000 with an estimated interest rate of 3.5 % (or less) for a 20 year term. This rate may be further reduced due to lower interest rates and forgiven principal under the American Recovery and Reinvestment Act (Economic Stimulus). The loan documents will be presented to Council for final approval after the loan application is approved by the WIFA Board. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 3 STAFF RECOMMENDATIONS: The Water Utility Commission unanimously recommended at their March 9, 2009 meeting that Town Council approve the WIFA Debt Authorization for$11,000,000. Staff concurs and respectfully requests Council to approve this Resolution. ATTACHMENTS: 1) Resolution (R) 09- 15 . 2) WIFA Project Priority List SUGGESTED MOTION: I move to approve Resolution (R) 09- 15 authorizing the Town Finance Director and Water Utility Director to apply for a loan with the Water Infrastructure Finance Authority of Arizona for Phase 1 Existing System Projects and Northwest Water Providers CAP Water Delivery System Design Project in an amount not to exceed $11,000,000. Or I move to . gli 91)A1 L i Philip C. Sal a, P.E., Water Utility Director l riZ--,e4it-VS, Stacey Le s, Finance Director CI , a\iiie,,..A... David Andrews, Town Manager RESOLUTION NO. (R) 09- 15 (11111w A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE WATER UTILITY DEPARTMENT OF THE TOWN OF ORO VALLEY TO APPLY FOR A DRINKING WATER REVOLVING FUND LOAN FROM THE WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA (WIFA) FOR THE ORO VALLEY WATER UTILITY PHASE I EXISTING SYSTEM IMPROVEMENT PROJECTS OTHERWISE KNOWN AS THE NORTHWEST WATER PROVIDERS CENTRAL ARIZONA PROJECT WATER DELIVERY SYSTEM DESIGN PROJECT WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, pursuant to A.R.S. § 9-511, et seq., the Town has the requisite statutory authority to acquire, own and maintain a water utility for the benefit of the landowners within and without the Town's municipal boundaries; and WHEREAS, the Town has identified a need for existing potable water system capital (1111lar improvements, otherwise known as the Northwest Water Providers Central Arizona Project Water Delivery System Design Project; and WHEREAS, pursuant to A.R.S. §§ 9-521 through 540, and specifically A.R.S. § 9-571, the Town may obligate the revenues generated by its water system to repay a loan from the Water Infrastructure Finance Authority of Arizona ("WIFA"); and WHEREAS, pursuant to the Arizona Department of Economic Security Population Estimate, as of July 1, 2008 the Town's population was 43,223, which meets the requirement under A.R.S. § 9-571; and WHEREAS, the Town desires to apply for a WIFA loan in an amount not to exceed $11,000,000.00 for Phase I Existing System Improvements Projects, otherwise known as the Northwest Water Providers Central Arizona Project Water Delivery System Design Project; and WHEREAS, it is in the Town's best interest to pursue and apply for a WIFA loan in an amount not to exceed $11,000,000.00 for Phase I Existing System Improvement Projects. 1110 C.\Documents and Settings\psaletta\Local Settings\Temporary Internet Files\OLKIF3\WIFA Debt Authorization Res doc Town of Oro Vall NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley,Arizona, that: Section 1. The Finance Director and the Water Utility Director are hereby jointly authorized to apply for a loan for the Phase I Existing System Improvements Projects, otherwise known as the Northwest Water Providers Central Arizona Project Water Delivery System Design Project. Section 2. The Finance Director and the Water Utility Director are jointly authorized to take such actions as are necessary to apply for this loan in an amount not to exceed $11,000,000.00, payable from revenues of the water system. Section 3. All actions of the officers and agents of the Town of Oro Valley which conform to the purposes and intent of this Resolution and which further the completion of the application as contemplated by this Resolution. The proper officers and agents of the Town of Oro Valley are hereby authorized and directed to do all such acts necessary to execute and deliver all required documents on behalf of the Town of Oro Valley as may be necessary to carry out the terms and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 25 th day of March , 2009. TOWN OF ORO VALLEY -gad' Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date: Date: C.\Documents and Settings\psaletta\Local Settings\Temporary Internet Files\OLK1F3\W1FA Debt Authorization Res doc Town of Oro Vall o °' +, 0 0 0 0 o O O o o O o 0 0 411W or, 0 0 0 0 0 0 0 0 O O N dri C E N_ C E N O U au w �_ E A E o U 6 -4-aa; O O O O O O O O oCf) 0 0 o-4- O O -4- o O o N O ..q. :is- o `,o u-) v Nt v Ac. L x a O O O 0 0 0 � � 00 O o 0 pO OOOOOO0 0 0 'fl ..+ O N O O O O N O O o O O C p p 4. OO OO O o000 .n O O „n O OO O — '� — 00 N en pO 0- .1- �t d' p o0 0o O O rn :E 0 00 - t` 00 •d NN ' N � r, NN v, kr,' _ 00en 00 „r tS 41 Ti. v o o r OO o 0 O O oO ao o0 °° O op 00 0a `rco o vo I - cfis s Os Os c. O N N CMr oo c+i N r.I, _ •~ cD -= r-+ N M ct WI ,p t� 00 O, O� .-. .--i •-� .-+ .-+ ,.-a .--+ N N N N e. g ,t a.c:4 'at Q c (----c) 0 0 r r t- t-- co- oc-- o� t--- r v, to-• c— t� C:14 t4 cis es a_ bO I o a, 0 2 6 .....4 .5 15 g et :2 c.) U.5 G A C ° 0 0 � to E = 3 wki db ~ Ct 1.12 0 5U a ° Z 0. .v, o O, g =ij N N o '� p est a ° W 0 Q U 4l 0 r) C �/ © ~ � a w -2 4) , G o •0 . . a, oCJ V ?� Rs Un a •Z.: , p. v, v) ...,...-4;-,9-; ,.. 0 .._. , „:, ° u0. ° GQN `D ►� W a.)i c 5 Z ►� b — . . 0 tr. G7 • e. ►3 '� r3 rr) 2 O N +, . .p G t3. o -.P.. 0 a H H ,. Q `” U ° v .> ,� ami �, +� a� o ° oCO v) W -2 a� . -o -4 20 " ° t o p. 3 .a? ''d ani ¢' ,.,,.1 C ce C' .5 a .. 0•' 2 a� 0 on rr) 0) ..?: U U —, 0 >, -° E O u rs b 4i U G o _ o ea 0 o 0o ca 0 - ' ... . v ti.. u E g 0 U E -0, 0 3 ., "; o ; o a, a ;s b Q E o 0 0 o a� 3 c U a`) 2.4 U E� :� ai La 0 > e > z > ,� �i O Q o , as 0 E e > x•v T. a G �• o 0 > •60 .0 `" ••5 a, a� 0 ,f; 0 Q > '"1 g ti. �) p, o U ami ;. 0. y ets ,0 z .5 2 -0 a. > E 8.. }., c o R.' ' .� �° ° :� ° ° 3 � � 3 � 7-,-.1 � U as 3 � > ti � O p•, w ,z U U E--• H ,-.1 1111111.111" '41! Q E N 0 O, O, O, GQ, 0, O, C3, O O\ 5 U O o O O00 o O O O o f N N N N O N N O N N OO N N o ° >- . L 7 ' N N N N N N N N N P. o nCn ,C, en Q - N On O u a .0 N p N O O O .-, r-+ C '/' r+ .-+ Q0 0 0O N O O O 0 0 0 o O O 0 O OOO p Y • O) 0 O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 L00 ir aD cLe c E N N C N iiii E U a2 A E « 0 U h a w 'fl v 0 0 0 0 0 (� 0 0 0 ,_ O O O O O O O O Q v. 0 0 tt o NO ^L W w 0 0 0 0 0 0 V) r-+ 0 0 0 0 0 0 0 d 0 0 0 0 0 00 M d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d 0 0 0 0 0 d O N O O • C O N O O O O N 0 0 0 0 0 0 0 0 0\ 0 0 0 0 0 •-, O, N 0 • O iO N O �- M O uO O •+ uN 0 0 vi• O O O O N M d 0 O O O 0 N 0 M 00 d N O O O O O O O O 0 d vO 0 o0 kr, 0 N E• 'p, r-•c N 0O 00 N r--, t M N O n 00 0o O N O N N M •-+ M v-,•. ° M v i 00 \p vi N O 00 •--r O -1-'s ct et �D vi ( \O to w Q ,-4 .-. r•. .-. Yl w ,s O 0 0 0 0 0 •--� O O O O O O O TI- O O 0 0 0 00 M co 0 0 0 0 O O O O \D u> 0 0 0 0 0 0 0 d 0 0 0 0 0 00 d N 0 0 •-",i,, 0 N 0 0 0 0 N 0 0 0 0 0 0 0 0 O> 0 0 0 0 0 0O N O, 0 0 L. h O N M O v7 O O r O •'-� O 0 O O O M 00 O o O O d ,,-Cop. O O P,., 0 O .-. .•-+ v, N O 0 N cn d O kr, 0 v) 0 d N 0 0 0 0 d .-c O, o N U .-. .--, N O 00 N — d M N O , v-, 00 0o O N 0 N N ,--r 00 M N (. v, co v1 N O «5' •-+ O �t et �r r- o0 0 'r c E-, at c � ,� v-, ,c, r 00 O, 0 --, N M el , yo N 0o O, O .-. N M N oo 0, 0 r"•c O c N N N N N M M d' d d ct- - d' d d d kr, PL PG 460 -a ey L .7 - 0 1, 0 0 0 0 0 v, v, v, v, v, vl vl 0 'r v, O v, Vl in v1 v1 O N N 00 00 00 N N N N N N N N N N 00 00 N 00 N 00 00 00 00 CO 00 N O C4 0 m O tti o- ..,70.; "0 O .r vv cep., 0 0 m ,5 -a 4 4) N •- 01) p E a ea C 00 `4), N 00 Q) EO 0D ` 4) .0 .0 O0d '0 7-;,, ate) 3 p CJ] H 0 .D '6 G E� .4 eeC G a. .. � bao 0.0 p po et .4 ra a 4. p `t4 a A. P. o E oW .4 ,` m W E et - E o f24 pa E a, U ' - '4 a �_ o›, nNti , - . -� v .5, p .o p o E E G g m % ? •Emo � o , U i. . aWaa23 00 o c. 0o °} ? 0 V, s ° ° H ae� Y %' �4 ' r [ � 0 � p .-. O . c E--. 0 O ea> n � ( �r�� tt •.... ,-, IS •2 .= .0 V) tr) it 0" v CL u > ( U a O" 2 p 0 0, 'd '^ i ?� u.. a-, 3 a 00 00 °� 0 �+ .4 ea a) •"a' a.) t) .a.,' P2 C:Z, 74 -.5 t ::., c,' 6 i --644 6 › , -o ' a. .. a) v 0 d � .,r ez g 12 > ce 3 i a'e. 0 p •0 •0 0 (, •C p O ea T3 O U? C/1 C� �- •O '3 U •,� () ',O a .5 � +''v',,, p a o a ;� cel o i o ° d p o `" o Q v 3 .5 = U H Q W et U W c") 0 ►•-a 4 a N --•i P4 v) P- c) ►-� 1 Z C� C4 --.a N E-+ W W a I'D S m E o a '�>,4. 0 U p a I=1:1 p= U z t a. ti 6, o U cv v E o o Q a.E° • U . 4o `� o 4-4 `t °� 1. p a. bD a i 0 O U O O O . ' OD 9 Q Q Q ea T ?, ?, E-� E-e a. ea 74 0 o a. 74 v) ec a . - A ee a. 0 0 o2 ci. co _ ea O Q i C 5 - 2 E ° t - -,-7.', g i ami ami ti .aC U o 0 0 0 �'r� aGi .� O O '•C a is .� a> ,. a a O O �+ eo W a, a> a> a CI, U E--. U ... W ,r ?• Q Q CZ > > > w cn U n , , ►..� Q, P►, a O OW Lir — t rn o, o, o, o, o, o, o, o, o, o, o, 0\ 0\ o, o, v, o, o, o, o, o, 0, o, o, 0, -o U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 > 0 &:' 0 0 0 0 0 0 0 0 0 Co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 i 0 N NNNNN N N N N N N N N N N N N N N N N N N N O0 2 c '-i O, t& oo ,D N d N — N M d cn c c c c c c c c c c c a. 0.Z N .� Q. M t� r-+ \D �n 11 00 O, M O, p Q 'C .-. M cn en en v, M N N N v, cn 'n en en — O et 0 d d M M M M N 1i:0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 'ea ti ti O 4 O O Clir �' O O O O O S 0 C E 0 O O O O OO O O O cv in (r') N ,„ O O vl \O 00N CQ £ N N v: O U cu 0000 CO 01 ° = 0 0 O 0 cis E N N N it U O,- O, O h -o t3• v 0 t) d• tT O O t, C4 a N p O 0 0 0 N cu c 0 0 0 0 0 00 O 0 O, p 0000 0 °° E •o� ° 0 ,o .-4 O c o +, E N• gyp• r,• fn W W Q N 01 N VD 0 00 O 0 t '� OO O O O O `t 0inL1, O . O VD 0 ' V O ,0 N N 7400 •--� 0 E-. r.+ _O ..0 N rN-+ 00 0 N 0 'f r. M a4 P4 Lir C') O JD '› W oo t--- r r O a+ a) cin 14 I 6 a, 0 Q O M4, +a'. >> -0 s.. 4 gE 1--: C/] .0.....-. , N '� a, 0 o ;3 't3 r.:U 2 „ a o , e 0 .--. F. 9 E GG0 .= U i a, " 6 o Z. 3 3 44 — >E .._. a. 7"-- -‘t a .11 oa 8 -14 U T. cd 04g •.�b W ^' ' 0 Q a, i W °9 ° ' U 71 -s EcU o oaw� O Q Zte ; .‘001, ,.. 0 _ v) , pO � GIE0 t Q. v Q � ?. 0 0 0 0 0 U i= „is N N N N ¢ P. on id- oo -/- oo `a. ^d �t N O `� 0 0 O 0 0 Q . o N r.. Y * ' v' V � TOWN OF ORO VALLEY 2 Page 1 of 1 ::OUNCIL COMMUNICATION MEETING DATE: 03/25/09 TO: HONORABLE MAYOR AND COUNCIL FROM: Sarah S. More, FAICP, Planning& Zoning Director SUBJECT: Draft Pinal County Comprehensive Plan EXECUTIVE SUMMARY: Pinal County has completed the Draft Pinal County Comprehensive Plan and has requested the endorsement and support of Oro Valley Town Council. The plan is the culmination of twoY ears of work, extensive public outreach, and two rounds of formal public and agency review. The Pinal County Board of Supervisors is scheduled to hold a public hearing for final approval of the plan on April 29, 2009. BACKGROUND: On September 3, 2008, Pinal County staff presented an overview and process for the Pinal County Comprehensive Plan to Oro Valley Town Council. k%or;lie Draft Pinal County Comprehensive Plan to be considered for adoption bythe Board of Supervisors p P addresses important issues of sustainability and quality of life based on seven major values: Open Spaces and Places, Sense of Community, Economic Sustainability, Quality Educational Opportunities, Healthy, Happy Residents, Mobility and Connectivity, and Environmental Stewardship. The Plan effectively addresses regional and local issues and supports planning efforts within Oro Valley. y SUGGESTED MOTION: I move to approve Resolution (R) 09- 16 endorsing and supporting the Draft Pinal County Comprehensive Plan. ATTACHMENTS: Resolution No. (R) 09- 16 /A A A fcR ara Wn'ore '1 a nn7 r oning Director `I -1-7474; J=rne Watson, Assistant Town Manager %tor 'Zitt' a-44 David Andrews, Town Manager RESOLUTION NO. (R) 09- 16 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA ENDORSING AND SUPPORTING THE DRAFT PINAL COUNTY COMPREHENSIVE PLAN. WHEREAS, on September 3, 2008 and March 25, 2009, staff from Pinal County presented the Pinal County Draft Comprehensive Plan to the Mayor and Council; and WHEREAS, the Cities, Towns, and the unincorporated areas of Pinal County are experiencing unprecedented growth; and WHEREAS, Pinal County is in the heart of the Sun Corridor Megapolitan, and the Sun Corridor is projected to have 10 million people by 2040; and WHEREAS, citizens from all over Pinal County and surrounding jurisdictions have gathered to develop the Pinal Vision which has seven major values: Open Spaces and Places, Sense of Community, Economic Sustainability, Quality Educational Opportunities, Healthy, Happy Residents, Mobility and Connectivity, and Environmental Stewardship; and WHEREAS, the Town of Oro Valley shares Pinal County's desire and that of the cities and towns within Pinal County to develop infrastructure in a way that minimizes public expenditures; and WHEREAS, in order to reduce excessive traffic due to inter-county commuting, it is in the best interests of the Town of Oro Valley, Pinal County, and the cities, towns and Indian communities of Pinal County to promote high quality employment opportunities for the citizens of Pinal County within Pinal County; and WHEREAS, the Draft Pinal County Comprehensive Plan appears to be based on a solid foundation for the communities in Pinal County to build upon and address the values that their citizens have identified; and WHEREAS, staff from Oro Valley participated in the development of the Comprehensive Plan; and WHEREAS, the approval of the updated Comprehensive Plan by Pinal County will not impact the sovereignty of the Town of Oro Valley to plan and zone within its incorporated boundaries. Resolution of Support Town of Oro Valley A1lorn y',OfficOca%1122709 NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Town of Oro Valley endorses and supports the recommendations of the Draft Pinal County Comprehensive Plan and recommends its approval by the Pinal County Board of Supervisors. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 25th day of March , 2009. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: tor Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date: Date: RtNolution of Support 2 Town of Oro Valley Atlorncy's Oflicc<ca%11227(N) ' TOWN OF ORO VALLEY 3 COUNCIL COMMUNICATION MEETING DATE: March 25,2009 TO: HONORABLE MAYOR AND COUNCIL FROM: Sarah S. More, Planning and Zoning Director SUBJECT: Public Hearing: Resolution No. (R) 08-82, Vistoso Partners, represented by the WLB Group, requests approval of a General Plan amendment for portions of Rancho Vistoso Neighborhood 5, generally bounded on the north by Rancho Vistoso Boulevard, on the east by Big Wash, on the south by Tangerine Road, and on the west by Rancho Vistoso Boulevard (OV1 1-08-04). EXECUTIVE SUMMARY: The proposed major General Plan (GP) amendment proposal has been amended to reduce its scope and breadth by approximately two-thirds and now affects approximately 126.3 acres (Parcels 5-D, 5-I, 5-R, and 5-V) of the total 1,555 acres (approx. 8.1%, compared to 365.4 acres, or approx. 23.5% in the previous iteration) in Rancho Vistoso Neighborhood 5. The General Plan currently contains the following land use designations for the amendment areas: Resort/Golf Course (RGC), Medium Density Residential (MDR), High Density Residential (HDR), School (SCH), and Park (PARK). A portion of the area is overlaid with the Significant Resource Area (SRA) General Plan designation. Please refer to the November 19, 2008, staff report for a complete discussion and background information pertaining to the previous proposal. ilikor his request contains several major elements to amend land uses in Neighborhood 5. Items shown in italics are new or revised compared to the original application. A brief discussion of each change from the original application follows. The primary elements of the revised proposal are: o The request would not increase the potential number of dwelling units within Neighborhood S. This is predicated on designation of Parcel 5-V to High-Density Residential with the requirement that it be rezoned to Rancho Vistoso Medium High Density Residential (MHDR) with a maximum density of eight dwelling units/acre. The previous proposal would have increased the potential number of dwelling units by up to 474 units. • The applicant has revised their request to a "one-to-one" trade for the residential units that would have been allowed on the school site to an area further north. o Partial redesignation of a portion (34.5 acres) of the golf course area (Parcel 5-V) to High- Density Residential (HDR). • This is the "receiving" parcel for the approximately 275 dwelling units being lost to the dedication of the school site on Parcel 5-R. o Parcel 5-D is proposed to be changed from residential to open space. • The designation of this parcel as open space will provide a wider environmental corridor for wildlife and human access to the Honeybee Wash area to the north. It will result in an environmental corridor of approximately 2,300 feet, or nearly one-half mile wide. This represents a substantial increase from the previous proposal of approximately 500 feet. o Maintain the majority of the golf course area. • The golf course area was previously proposed to be eliminated and supplanted by open (isiw space. o Designation of the existing school site to Resort/Golf Course (Parcel 5-I). • The proposal previously designated the existing school site Open Space (OS). TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 o' ,4) o Relocation of the school site from the central portion of Neighborhood 5 (Parcel 5-I) to a location in the southwest portion of Neighborhood 5 (Parcel 5-R). The dedication of a 36-acre minimum school site by Vistoso Partners to the Amphitheater School District is a rezoning condition for Stone Canyon (Pima County rezoning case Co9-01-42, March 12, 2002). The new location was chosen as a result of extensive negotiations between Vistoso Partners and the Amphitheater School District. The new school site and conditions of approval were accepted by the Amphitheater School District at a Special Governing Board Meeting held on February 28, 2008. An escrow agreement between Vistoso Partners and Amphi School District is attached. o Elimination of the proposed Moore Road Extension spanning Big Wash between Rancho Vistoso Boulevard East and West. o Revise the planned alignment of the "Moore Road to Arrowsmith Road" loop to serve the proposed school site and residential areas. Please refer to the November 19 staff report for further discussion, analysis, and summary of the proposed General Plan amendment. Process to Date P&ZC Initiation February, 2008 First Neighborhood Meeting May 19, 2008 P&ZC Study Session June 4, 2008 First P&ZC Public Hearing July 10, 2008 Second Neighborhood Meeting August 14, 2008 Second P&ZC Public Hearing September 5, 2008 P&ZC Reconsideration September 11, 2008 Third P&ZC Public Hearing October 13, 2008 TC Study Session October 22, 2008 First TC Public Hearing November 19, 2008 Continued at TC December 3, 2008 Continued at TC February 4, 2009 Second TC Public Hearing March 25, 2009 EXHIBIT "A" CONDITIONS OF APPROVAL: As a result of the modifications to the proposed amendment, several Planning and Zoning (P&Z) conditions of approval have been modified to reflect the current proposal. Other agency conditions of approval remain unchanged. The P&Z conditions proposed to be amended are as follows. The original conditions are shown in and the revised/added conditions are shown thereafter in italics: 1. The 128.9 acres of HDR (High Density Residential) proposed in this amendment must be zoned and developed to the Rancho Vistoso PAD MHDR (Medium High Density Residential) density of no more than six (6) dwelling units per acre (du/ac.), with the exception of the 3.6 acres identified as HDR in Exhibit "F" of the Site Analysis, which shall be zoned and developed to the Ranci,vio Vistoso PAD HDR standards. 1. The 34.5 acres of HDR (High Density Residential)proposed on Parcel 5-V must be zoned and developed to the Rancho Vistoso PAD MHDR (Medium High Density Residential) density of no more than eight(8) dwelling units per acre (du/ac.). • • TOWN OF ORO VALLEY 71OUNCIL COMMUNICATION Page 3 of 5 lbw 2. The proposal must be revised to depict six and nine-tenths (6.9) acres of Park (PARK) adjacent to the east side of the proposed Moore Road loop. The recreation area must be improved with sufficient recreational elements and amenities to provide meaningful active and passive recreation opportunities for the community and must include trail connections adjacent along the west side of Big Wash (depicted as Trail #33 on Exhibit"M"). 2. The recreation area adjacent to the old school site (Parcel 5-I) must be improved with sufficient recreational elements and amenities to provide meaningful active and passive recreation opportunities for the community. The park must be constructed to the standards of Section 26.5 of the Oro Valley Zoning Code Revised, or to a standard deemed appropriate by the Oro Valley Parks and Recreation Advisory Board(PRAB). The park plan must be approved by the PRAB. 3. The proposal must be revised to designate the area currently designated as resort/golf course adjacent to the Honey Bee wash as dedicated open space to provide an adequate corridor for recreation trail access and wildlife mobility to the Honey Bee Canyon Park area to the north. 3. The proposal must provide an adequate corridor of not less than 1,500 feet for recreation trail access and wildlife mobility to the Honey Bee Canyon Park area to the north. This shall be accomplished through the redesignation of Parcel 5-D from Medium Density Residential to Open Space and by moving residential development further west where necessary to maintain the required corridor. 4. A buffer area shall be established where residentially-designated areas are proposed by this amendment adjacent to Big Wash. This area shall conform to the conceptual buffer area cross-section depicted in the attached Exhibit. • This condition is no longer pertinent as no residential areas are proposed along the bank of Big Wash. 5. Proposed New Condition: The overall Neighborhood 5 dwelling unit cap will be limited to 2,500 dwelling units. • The original dwelling unit cap for Neighborhood 5 is 3,555 dwelling units. The applicant is offering a reduced dwelling unit cap to assuage concerns that density will be transferred around Neighborhood 5 in a way that would be undesirable to existing residents. 6. Proposed New Condition: As provided in the Escrow Agreement attached hereto as Exhibit "C", within 30 days of approval of this proposed General Plan amendment, Vistoso Partners shall place a special warranty deed for the "Parcel 5-R school site" (as identified in Exhibit "D") into an escrow established for the benefit of the Amphitheater School District for conveyance to Amphitheater School District under the terms and conditions of the attached Escrow Agreement. • In keeping with previous agreements between Vistoso Partners and the Amphitheater School District, this condition will ensure that the new school site is conveyed in a timely manner. SUMMARY OF FACTORS: Lndings for: 1. The Planning and Zoning Commission has recommended approval of the proposed amendment, which has now been reduced in scope and breadth by approximately two-thirds. • TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 4 o: „as) 2. The revised proposal would not increase the potential number of dwelling units from the existing entitlement condition of 275 units. 3. The new school location is in closer proximity to existing neighborhoods and will be located in close proximity to Rancho Vistoso Boulevard. 4. A natural buffer area is proposed between the school and existing residences. 5. In response to input received from constituents, the golf course acreage is proposed to remain fundamentally unchanged. 6. Each individual development will be required to submit a significant resource inventory, native plant protection plan, development plan, landscape plan, and architectural elevation. Specific details of the development will be addressed in a comprehensive manner. Factors Against: 1. The revised proposal would not result in a substantial increase in protected open space as the previous proposal, where the golf course area was to be almost entirely converted to open space. 2. Members of the public have expressed concerns regarding the proposal, including how the new school site might adversely impact traffic conditions and pedestrian safety. NJ) CONCLUSION: This General Plan amendment proposal has been evaluated using the General Plan goals and policies as well as neighborhood and P&Z Commission input. The quantitative analysis reveals that the proposed amendment results in a net increase of 19.2 acres of open space versus 144 acres with the previous proposal. The revised proposal would allow for a"one-to-one" trade of density from the new school site to parcel 5-V in the northwest portion of Neighborhood 5. The rerouting of the Moore Road loop from its existing proposed alignment across the Honey Bee Wash and Big Wash to a loop from Moore Road to Arrowsmith Drive is supported by environmental, practical, and economic considerations. This road will serve the new school site as well as future residential areas. The school site has already been selected and accepted by the Amphi School District and it is appropriately located in closer proximity to the residential areas it serves. An escrow agreement between Vistoso Partners and Amphi School District is attached. RECOMMENDATION: Staff recommends conditional approval of OV 11-08-04, General Plan Amendment for portions of Rancho Vistoso Neighborhood 5, generally bounded on the north by Rancho Vistoso Boulevard, on the east by Big Wash, on the south by Tangerine Road, and on the west by Rancho Vistoso Boulevard, as depicted in Exhi' "D", and subject to the conditions of Exhibit"A". • • TOWN OF ORO VALLEY 'OUNCIL COMMUNICATION Page 5 of 5 SUGGESTED MOTIONS: The Town Council may wish to consider one of the following motions: I move to [approve, approve with conditions, or deny] Resolution (R) 08-82 , OV 11-08-04, General Plan Amendment for portions of Rancho Vistoso Neighborhood 5, generally bounded on the north by Rancho Vistoso Boulevard, on the east by Big Wash, on the south by Tangerine Road, and on the west by Rancho Vistoso Boulevard, as depicted in Exhibit"D", and subject to the conditions contained in Exhibit "A". Attachments: 1. Resolution (R) 08-82 2. Exhibit"A" P- roposed Conditions of Approval 3. Exhibit"B" Cover letter from WLB Group 4. Exhibit"C"—Escrow Agreement between Amphitheater Schools and Vistoso Partners 5. Exhibit"D"-Proposed realignment of General Plan land use designations for Rancho Vistoso Neighborhood 5 6. Exhibit"E" Table of Existing and Proposed Land Use Designations Project Manager: Matt Michels, Senior Planner \OV\OV 11\2008\OV 11-08-04\reports -1 4 / Sa . . More, P .nn0.nnand oning Director 110' Adimik At_AK Craig Civali; , Public Works Director r • l Je - - Watson Assistant Town Manager David Andrews, Town Manager • RESOLUTION NO. (R)08 - 82 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THE GENERAL PLAN FOR PORTIONS OF RANCHO VISTOSO, NEIGHBORHOOD 5, GENERALLY BOUNDED ON THE NORTH BY RANCHO VISTOSO BOULEVARD, ON THE EAST BY BIG WASH, ON THE SOUTH BY TANGERINE ROAD AND ON THE WEST BY RANCHO VISTOSO BOULEVARD WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the Town of Oro Valley residents ratified the Oro Valley General Plan on November 8, 2005; and WHEREAS, Vistoso Partners, LLC ("Applicant"), represented by the WLB Group, filed an application on March 31, 2008 requesting a General Plan Amendment for portions of Rancho Vistoso Neighborhood 5, generally bounded on the north by Rancho Vistoso Boulevard, on the east by Big Wash, on the south by Tangerine Road and on the west by Rancho Vistoso Boulevard; and WHEREAS, the land the Applicant requested to be amended affects approximately 126.3 acres (Parcels 5-D, 5-I, 5-R, and 5-V) of the total 1,555 acres) in Rancho Vistoso Neighborhood 5. The General Plan currently contains the following land use designations for the amendment areas: Resort/Golf Course (RGC), Medium Density Residential (MDR), High Density Residential (HDR), School (SCH), and Park (PARK). A portion of the area is overlaid with the Significant Resource Area(SRA) General Plan designation, and WHEREAS, pursuant to A.R.S. § 9-461, et seq. and OVZCR, Section 22.2, the Town held three (3) duly noticed public hearings, the first on July 10, 2008, the second on September 5, 2008 and the third on October 13, 2008, at which the Planning and Zoning Commission recommended approval of the application requesting an amendment to the General Plan for Rancho Vistoso Neighborhood 5 as depicted on Exhibit "D", and subject to conditions, attached hereto as Exhibit "A"; and WHEREAS, pursuant to Oro Valley Zoning Code Revised, Section 22.1, General Plan Amendment Procedures, upon recommendation by the Planning and Zoning Commission of any amendment to the General Plan, a public hearing before the Mayor and Council shall be scheduled; and WHEREAS, Mayor and Council duly considered the proposed General Plan Amendment for portions of Rancho Vistoso Neighborhood 5, generally bounded on the north by Rancho Vistoso Boulevard, on the east by the Big Wash, on the south by Tangerine Road and on the west by Ly Rancho Vistoso Boulevard at a public hearing on November 19, 2008. F;\OV\OV1112008\OV11-08-04\Resolution 08-82 doc NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Oro Valley that: SECTION 1. The Mayor and Council hereby adopts the General Plan Amendment for portions of Rancho Vistoso Neighborhood 5, generally bounded on the north by Rancho Vistoso Boulevard, on the east by the Big Wash, on the south by Tangerine Road and on the west by Rancho Vistoso Boulevard as depicted on Exhibit "D" with conditions, attached hereto as Exhibit"A". SECTION 2. If any section, subsection, sentence, clause, phrase, or portion of the resolution or any part of the General Plan Amendment adopted herein 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 25th day of March ,20 09 . TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: 'void Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date: Date: F.\OV\OV11\2008\OV11-08-04\Resolution 08-82.doc Town of Oro Valley Attorney's 2fice/ca/102408 • Exhibit "A" Conditions of Approval, OV11-08-04 Planning and Zoning Conditions 1. The 34.5 acres of HDR (High Density Residential) proposed on Parcel 5-V must be zoned and developed to the Rancho Vistoso PAD MHDR (Medium High Density Residential) density of no more than eight (8) dwelling units per acre (du/ac.). 2. The recreation area adjacent to the old school site (Parcel 5-I) must be improved with sufficient recreational elements and amenities to provide meaningful active and passive recreation opportunities for the community. The park must be constructed to the standards of Section 26.5 of the Oro Valley Zoning Code Revised, or to a standard deemed appropriate by the Oro Valley Parks and Recreation Advisory Board (PRAB). The park plan must be approved by the PRAB. 3. The proposal must provide an adequate corridor of not less than 1,500 feet for recreation trail access and wildlife mobility to the Honey Bee Canyon Park area to the north. This shall be accomplished through the redesignation of Parcel 5-D from Medium Density Residential to Open Space and by moving residential development further west where necessary to maintain the required corridor. 4. As provided in the Escrow Agreement attached hereto as Exhibit"C", within 30 days of approval of this proposed General Plan amendment, Vistoso Partners shall place a special warranty deed for the "Parcel 5-R school site" (as identified in Exhibit "D") into an escrow established for the benefit of the Amphitheater School District for conveyance to Amphitheater School District under the terms and conditions of the attached Escrow Agreement. 5. All future utility lines must be placed underground throughout the amendment area in Neighborhood 5. 6. The overall Neighborhood 5 dwelling unit cap will be limited to 2,500 dwelling units. Oro Valley Water Utility (OVWU) Conditions 1. OVWU will provide water service to the entire development, including the school, for potable and/or reclaimed water and no wells will be drilled by any developers or landowners within Rancho Vistoso Neighborhood 5. 2. All new irrigation systems for two (2) or more acres of turf must connect to the Town's reclaimed system per Section 15-15-9(5)(b) of the Town Code. Any addition of new turf to create an aggregate area of more than two (2) acres of turf must extend the reclaimed system to their properties per Section 15-15-9(2)(1)(b) of the Town Code. 3. Provide a minimum 30 foot wide access to OVWU's Well E-2. This access must be in the form of an access/egress easement dedicated to OVWU and when the school site is designed it must allow OVWU 24-hour access to the well site, 7 days a week, 365 days a year. 4. Dedicate to OVWU a 15-foot wide easement in addition to and adjacent to the 15-foot wide easement for the potable main necessary to provide service to the development in the Moore Road/Arrowsmith Loop road. kliki,„ 5. Dedicate to OVWU a 15-foot wide easement from Rancho Vistoso Blvd. on the west to Rancho Vistoso Blvd. on the east along the Moore Road alignment. Oro Valley Parks and Recreation Conditions 1. The development includes Trail #180, known as the WAPA Line Trail in the Oro Valley Trails T Force Report. The WAPA Trail traverses most of the center of the Town and provides an important through route for users. The proposed development area also includes Trail #331, which connects both to Trail #180 as well as (eventually) to Trails #33 and #156. Trail #33 (Honey Bee Canyon Trail) is adjacent to the eastern edge of this area. In addition to being noted in the Task Force Report, these trails are listed in the Eastern Pima County Trails Master Plan. Trail #33 is also a State Trail as designated by Arizona State Parks. 2. All three of the aforementioned trails must be identified as "non-motorized public recreation easements" and must be a minimum of 15 feet in width. Pima County Cultural Resources and Historic Preservation Office/Arizona State Parks, State Historic Preservation Office Condition 1. A new cultural resources survey must be conducted within the subject portions of Neighborhood Five at the time of PAD amendment. This new cultural resources survey would identify the current boundaries of previously recorded archaeological sites AZ BB:9:15 5(ASM), AZ BB:9:169(ASM), and AZ BB:9:41(ASM). If cultural resources are identified, development and implementation of a mitigation treatment plan prior to ground-disturbing construction [is required]. Public Works Conditions 1. The Department of Public Works approves this submittal for the Town of Oro Valley General Plan lads) use designation changes as described within the applicants submission package, subject to the following conditions. 2. Vistoso Partners will build and complete both Moore and Arrowsmith Roads up to and through their common intersection to the timelines required by the existing agreement with Amphitheater School District, or at the time another development within this amendment area generates the need for the roadway, as determined by the Town Engineer, whichever is required first. This road must consist of a minimum 3-lane collector street section with multi-use lanes, incorporating continuous sidewalk along the west side and a separated 10' wide asphalt pedestrian/multiuse path on the east side. Both the sidewalk and pedestrian multiuse path must completely loop and connect to Rancho Vistoso Boulevard at the north and south intersection points. 3. Vistoso Partners will install a new gravity sewer line from a connection point on Tangerine Road north to the existing lift station serving Sun City Vistoso, Units 9 & 10. In addition, a sewer stub-out shall be provided to the boundary of Parcel 5-B in order to provide a connection opportunity to relieve the Parcel 5-B lift station should that HOA elect to construct such a connection in the future. The sewer main connection to the existing Sun City lift station shall be constructed according to the timelines set forth in the existing agreement with the Amphitheater School District or at the time another development within this amendment area generates the need for the sewer, as determined by the Town Engineer, whichever is required first. The location of the sewer line will be along the west bank of B; Wash and will continue by gravity to the closest connection point on Tangerine Road, as dictated vitid Pima County Wastewater Management. F:\OV\OV11\2008\OV11-08-04\reports\P_03-18-09 TC EXHIBIT A.doc Page 2 of 5 • • Public Works Submittal Requirements Nosy Among all the standard elements set forth for the submission package (site analysis and TDP), the follow represents minimum detail required by the Department of Public Works to review any future rezoning: 1. For any future rezoning of the subject property, the Department of Public Works will require at a minimum, a full hydrology report containing the following hydrologic information submitted as a part of the application/site inventory submission package: a. Describe and map on an aerial photograph the perimeter of all off-site watersheds that affect, or are effected by, the site both upstream and downstream to their logical conclusion and note all balanced and critical basins. b. Provide a description of any significant off-site natural features and manmade features located within the above watersheds that may affect or be affected by the site. c. Indicate the area in acres for those upstream off-site watersheds with 100 year discharges greater than 100 cubic feet per second (cfs). d. Describe and map the characteristics of the existing on-site hydrology. Include the following: i. Approximate 100 year floodplains with a discharge greater than or equal to 50 cfs. Lor ii. Sheet flooding areas with their average depths iii. Federally mapped floodway and floodplains iv. Peak discharges both entering and leaving the site for 100 year events which exceed 50 cfs using approximate methods such as the regional area versus discharge graphs. e. Provide a qualitative description of existing drainage conditions along the downstream property boundary. f. Describe how the Tentative Development Plan responds to the hydrologic characteristics described in the Inventory and Analysis for both existing and proposed conditions. (Examples include building setbacks, density, building placement, location of open space and recreation areas). g. Identify if any features of the development (i.e. structures, roads, lots), as shown by the Tentative Development Plan overlay, encroach on and/or modify existing site drainage patterns. Explain why this is necessary and other alternatives that have been considered. h. Describe and map potential drainage impacts to off-site land uses both upstream and downstream due to the proposed development. i. Describe and map approximate location of engineering and design features that will be used to mitigate drainage and erosion problems for the proposed development. (Examples include Sow detention basins, revegetation, rip-rappingandpreservation of channels in their natural state). ) F:\ov\ovii\2008\0v11-08-04\reports\P_03-18-09 TC EXHIBIT A.doc Page 3 of 5 • j. Describe how the Tentative Development Plan conforms to all applicable area plans, basin management plans and Town policies. 2. For any future rezoning of the subject property, the Department of Public Works will require at a minimum, the following traffic information submitted as a part of the application/site inventory -god submission package: k. Map all existing and proposed streets on and between the development site to, and including, the nearest streets as shown on the Oro Valley Transportation Plan. Also map all arterial streets within one mile of the project site. For all streets identified, provide the following general information: i. The existing and proposed rights-of-way widths. ii. Whether these rights-of-way meet minimum Oro Valley width requirements. iii. Ownership (public or private) iv. Whether the rights-of-way are continuous or whether they jog. v. The number of travel lanes, theoretical capacity and design speed on existing roads. vi. The present Average Daily Traffic (ADT) for existing streets vii. A description of the surface conditions of the existing roadway which provides access to the site. viii. When roadway and intersection improvements are programmed to be completed by „wit,' public or private entities. 1. Map existing and proposed intersections on the arterials within one mile of the site which will likely be used by traffic generated by the development. m.Map any existing bicycle and pedestrian ways adjacent to or on the site to their connections with arterial streets, parks and schools. n. Provide a full traffic impact analysis report (attached as an appendix) which must include: i. A description of the proposed internal circulation and access to/from arterial streets included in the Oro Valley Transportation Plan for the project, their location and the rationale for their placement in terms of circulation. ii. If the tentative Development Plan depends upon future off-site road improvements for access, state which roads, the projected time frame for their completion. iii. Discuss the projected ADT at "build-out" for the internal circulation system and the level of service to all streets and intersections as outlined within the study area. Provide a projection of traffic volumes and capacity analysis, based upon the development's "build out", on the arterials and at the intersections within the study area. iv. Describe the impact to existing development abutting off-site streets listed above. r•r F:\ov\ov11\2008\0v11-08-04\reports\P_03-18-09 TC EXHIBIT A.doc Page 4 of 5 • v. Provide capacity analysis for proposed internal streets and proposed off-site streets and describe the right-of-way and pavement widths, geometrics, design speeds and traffic control improvements which will be needed. vi. Describe the types of improvements specified in (iii) above which will be needed thereat. vii. A schedule listing who the applicant believes is the responsible party or agencyfor making said improvements. viii. Provide evidence that proposed turning movements will meet safety standards in relationship to traffic volumes. o. Describe proposed on-site street right-of-way, indicate their proposed ownership and show typical roadway sections. p. Describe any proposed bicycle and pedestrian pathways within the development and indicate whether they are constructed to external pathways, arterial streets, parks and schools. q. For proposed developments within 1 mile of a public school, describe and map safe walk/bike paths for students. Student walk/bike paths should be designed, with easements between selected lots, as required, to reduce walk/ride distances. r. For proposed developments greater than 0.5 miles from elementary schools and greater than 0.8 miles from middle and high schools indicate safe bus stops and safe bus turnarounds, if required. Bus stops should be designed to allow residents to monitor the safety of children while at the same time minimizing the impact of waiting children on the adjacent residents. ‘ito s. Provide a letter from the school district indicating review of, and concurrence with,the proposed student walk paths and school bus provisions. 3. For any future rezoning of the subject property, the Department of Public Works will require at a minimum, the following Sanitary Sewer information submitted as a part of the application/site inventory submission package: t. Map the location of the existing public sewers in relation to the project site. u. Describe the method of providing sewer service. v. If Pima County Wastewater is projected to serve the site, provide a response letter from Pima County Wastewater Management addressing capacity and ability to serve the site. %imr F:\OV\OV11\2008\OV11-08-04\reports\P_03-18-09 TC EXHIBIT A.doc Page 5 of 5 4 t, Te Engineering 9 g • Planning Surveying • Urban Design soup Landscape Architecture February 17, 2009 Sarah S. More, FAICP Planning & Zoning Director Town of Oro Valley 11000 North La Canada Drive Oro Valley, Arizona 85737 Subject: Rancho Vistoso Neighborhood Five General Plan Amendment Revised Amendment Proposal WLB No. 185050-A-005 Dear Ms. More: We sincerely appreciate the Town's willingness to continue to work with us to arrive at a mutually beneficial solution. After meeting with a number of the council members and discussing this amendment with you and other members of Town staff I have revised the proposal to reduce the scope and greatly simplify the request. Comments and concerns that we heard at various meetings and hearings over the last few months have primarily revolved around residential density, Y preservation of the golf course designation and protection of the Honey Bee Wash corridor. The new location of the school site is fixed, and has not been changed in this revised proposal. In response to those items within our control, our proposal has now been modified in the following areas: • Whereas our previous proposal included increasing to the allowable number of dwelling units in the amendment area by 474 units, this new proposal results in no increase. Rather, existing dwelling unit allowances are shifted from the new school site parcel and Parcel 5-D next to the Honey Bee Wash to a location north of Vistoso Town Center that is adjacent to other existing future development parcels and is over a quarter mile from any existing residences. Additionally, we propose to reduce the overall Neighborhood Five dwelling unit cap by over a thousand units from 3,555 to 2,500. • Whereas our previous proposal included the re-designation of all golf course areas to natural open space, this new proposal preserves the golf course designation except in a portion of the new school site and in the area proposed as residential development. The old school site, which is comparably sized to the area now proposed as residential, will be re- designated as golf course area. In the future, if development of a golf course becomes feasible, the designated area will need to be reconfigured with or without this amendment, but in any event this amendment now allows for such a scenario. (lhor L.,i 85UJQ iNE.G"15\2008 GENERAL PLAN AMENDMEN\WORD DOCS\RV N5 21008 UP AMEND COVER Lie.20090217.00C Engineering • Planning • Surveying • Urban Design - Landscape Architecture Offices located in Tucson, Phoenix, Flagstaff, Las Vegas • E-mail: tucson@wlbgroup.com 4444 East Broadway • Tucson, Arizona 85711 • (520) 881-7480 • FAX (520) 881-7492 The KVLB Group.c,. • This revised proposal will significantly widen the Honey Bee Wash corridor in two ways. First, along the eastern bank, we propose to re-designate Parcel 5-D from Medium Density Residential to Open Space. Second, along the western bank, we propose to pull residential development back approximately 300 feet. Together, these two proposed changes will effectively widen the environmental corridor from about 500 feet to roughly 2,300 feet. In summary, this revised proposal will result in zero increase to the allowable number of dwelling units in the area, a large reduction in the overall allowable density, preservation of the golf course designation and significant widening of the sensitive Honey Bee Wash environmental corridor. We believe that these proposed changes will result in an improvement to the General Plan and that they merit support from the Town. As always, please do not hesitate to contact me with any questions. Sincerely, THE WLB GROUP, INC. Gustav Paul Oland Project Manager Copy: Mr. Dick Maes 85050\NEIGH5\2008 GENERAL. PLAN AMENDMEN WVORD DOc.:;N\RV N5 2008 GP AMEND COvER L IE 200902.17 Doc: ESCROW AGREEMENT THIS ESCROW AGREEMENT (the "Agreement" ) is made and entered into as of the day of , 2009 , by and between Vistoso Partners, L. L. C . , an Arizona limited liability company, ( "Vistoso" ) , The Town of Oro Valley (hereinafter referred to as "Town" ) , and First American Title Insurance Company, a California corporation, (hereinafter referred to as "Escrow Agent" ) . WITNESSET H: WHEREAS, Vistoso has requested the Town to amend the Rancho Vistoso Planned Area Development ( "PAD" ) and the Town general plan ( "General Plan" ) . The proposed General Plan amendment ( "Plan Amendment" ) and the proposed PAD amendment ( "PAD Amendment" ) are described in Exhibits A and B, respectively, which are attached hereto and made a part hereof ; and WHEREAS, Within 30 days of the approval by the Town of the General Plan Amendment with terms and conditions reasonably acceptable to Vistoso, Vistoso shall place a special warranty deed ( "Deed" ) for the conveyance of the new school site as described in the General Plan Amendment into an escrow for the benefit of the Amphitheater School District with instructions to the escrow agent to record the Deed on the date which is 45 days after the PAD Amendment is approved by the Town with terms and conditions reasonably acceptable to Vistoso provided that the dates for any appeal , reconsideration and referendum with respect to either amendment have elapsed with no appeal , reconsideration or referendum having been initiated (the foregoing being referred to herein as the "Condition" ) ; and WHEREAS , this Agreement shall constitute all of the terms and conditions relating to the escrow described above . NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein and made a part hereof, and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties hereby agree as follows : 1 . Escrow. the Town and Vistoso hereby designate Escrow Agent , as escrow agent , to hold the deed on and subject to the terms of this Agreement , including the Condition. Escrow Agent hereby accepts such designation and agrees to carry out the provisions of this Agreement in accordance with the terms s „. and conditions hereof . ATLANTA:5021012.4 2 . Terms . the Town and Vistoso hereby authorize and direct that Escrow Agent record the Deed with the Pima County, Arizona Recorder upon the satisfaction of the Condition. The Town and Vistoso shall notify the Town of the satisfaction of the Condition. If only one party sends notice to Escrow Agent of satisfaction of the Condition, Escrow Agent shall send notice thereof to the other. If the other party does not send notice to the Escrow Agent within ten (10) days thereafter stating that the Condition has not been satisfied, Escrow Agent shall record the Deed. If the Condition is not satisfied on or before , 2010 , or the Deed is not recorded on or before said date, Escrow Agent shall return the Deed to Vistoso without any notice or action by either party required as a condition precedent thereto . 3 . Duties . Escrow Agent undertakes to perform only such duties as are expressly set forth herein and no implied duties or obligations shall be read into this Agreement against Escrow Agent . 4 . Liability. Escrow Agent may act in reliance upon any writing or instrument or signature which it in good faith believes to be genuine, may assume the validity and accuracy of any statement or assertion contained in such writing or instrument , and may assume that any person purporting to give any writing, notice, advice or instructions in connection with the provisions hereof has been duly authorized to do so . Escrow Agent shall not be liable in any manner for the sufficiency or correctness as to form, manner, execution or validity of any instrument delivered in connection with this escrow, nor as to the identity, authority or right of any person executing the same; and its duties hereunder shall be limited to holding the Deed and delivering or recording the Deed from escrow in accordance with this Agreement . In the event of any disagreement between the parties to this Agreement or among any of them and any other person, resulting in adverse claims and demands being made in connection with or for the delivery or recording of the Deed, Escrow Agent shall be entitled to refuse to comply with any such claims or demands as long as such disagreement may continue, and in so refusing shall make no delivery, recording or other disposition of the Deed, and in so doing Escrow Agent shall not become liable in any way for such refusal , and Escrow Agent shall be entitled to continue to refrain from acting until (a) the rights of adverse claimants shall have been finally settled or finally adjudicated in a court having competent jurisdiction over the Deed, or (b) all differences shall have been adjusted by agreement and Escrow 2 ATLANTA:5021012.4 • Agent shall have received notice of such agreement signed by Vistoso and the Town. In performing any of its duties or responsibilities hereunder, Escrow Agent shall not incur any liability to anyone for any damages, losses, or expenses except for Escrow Agent' s negligence, fraud, willful misconduct or breach of this Agreement , and Escrow Agent shall accordingly not incur any such liability with respect to (a) any action taken or omitted in accordance with this Agreement and in good faith, or (b) any action taken or omitted in reliance upon any writing or instrument or signature as provided hereinabove . In the event of a dispute between the parties hereto, sufficient in the sole discretion of Escrow Agent to justify its doing so, Escrow Agent shall be entitled (but shall incur no liability for failure to do so) to tender into the registry or custody of the Superior Court of Pima County, Arizona, or other court of competent jurisdiction located in the State of Arizona, the Deed, together with such legal pleadings or other documents as Escrow Agent may deem appropriate, and thereupon Escrow Agent shall be discharged from all further liabilities under this Agreement . 5 . Indemnification. The parties hereby agree, jointly and severally, to indemnify Escrow Agent and hold it harmless from any and all claims, liabilities, losses, damages, 4w, judgments, actions, suits or proceedings at law or in equity, or any other expenses, fees, or charges, of any character or nature which Escrow Agent may incur or with which Escrow Agent may be threatened by reason of its acting as Escrow Agent under this Agreement ; and in connection therewith, to indemnify Escrow Agent against all expenses, including attorney' s fees and the cost of defending any action, suit or proceeding or resisting any claim; provided, however, that the provisions of this Paragraph 5 shall not apply in the event of any loss or damage resulting from Escrow Agent' s negligence, fraud or willful breach of this Agreement . 6 . Resignation and Removal of Escrow Agent . (A) Escrow Agent may resign at any time by giving written notice thereof to the parties hereto . (B) Vistoso and the Town by joint action shall have the right, at anytime, to remove Escrow Agent or its successor and to substitute therefor a successor Escrow Agent by giving written notice thereof to Escrow Agent . (C) Escrow Agent shall continue to serve until 4W, its successor agrees in writing to be bound by the provisions of this Agreement and receives the original Deed. 3 ATLANTA:5021012.4 7 . Notices . All notices, requests, demands or other communications required or permitted hereunder (a "Notice" ) shall be in writing and may be given by counsel for either party. All Notices shall be given by personal delivery, delivered by nationally-recognized guaranteed overnight courier (e .g. UPS Next Day Air or Federal Express , next day delivery) keeping receipts of delivery, or sent by United States registered or certified mail , return receipt requested, postage pre-paid. Any such Notice shall be deemed given and effective, as applicable, (i) when delivered personally, if sent by personal delivery; (ii) one (1) business day after deposit with the nationally-recognized guaranteed overnight courier, if sent by guaranteed overnight delivery courier; or (iii) seven (7) days after deposit in the U. S . mail , by registered or certified mail , return receipt requested, postage prepaid, if sent by U. S . mail . Notwithstanding the foregoing, when a Notice shall be deemed to have been given, the period in which a response to such a Notice must be given or taken shall run from the date of receipt by the addressee . Rejection, refusal to accept delivery or inability to deliver due to changed address of which no Notice has been given shall be deemed receipt by the addressee . For purposes of notice, the addresses of the parties, until changed as hereinafter provided, are as follows : If to Escrow Agent , to : FIRST AMERICAN TITLE INSURANCE COMPANY Telecopy No . : Attn: If to the Town, to : The Town of Oro Valley Attn: Telecopy No . : If to Vistoso, to : Vistoso Partners, L. L. C . 1121 W. Warner Rd. , Ste . 109 Tempe, AZ 85284 Attention: Mrs . Judy Windisch Telecopy No. : 480-893-1604 The parties hereto shall have the right from time to time to change their respective addresses by giving at least five (5) days ' notice of such change to the other parties . 4 ATLANTA:5021012.4 M . 8 . Binding Effect . The rights created by this (ir Agreement shall inure to the benefit of, and the obligations created hereby shall be binding upon, the heirs, executors, administrators, personal representatives, successors and assigns of all parties to this Agreement . The Amphitheater School District is not a third party beneficiary of this Agreement and shall have no right to enforce the terms hereof or any right, title or interest in or to the Deed or the property described therein. 9 . Applicable Law. This Agreement shall be construed and enforced according to the laws of the State of Arizona. 10 . Time of Essence . Time is of the essence of this Agreement . 11 . Counterparts and Execution and Delivery by Facsimile or Electronic Transmission. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original , but all of which, together, shall constitute one and the same instrument . Furthermore, this Agreement may be executed and delivered by facsimile or electronic transmission. 4111w The parties intend that faxed or electronic (e .g . pdf . format) signatures constitute originals signatures and that a faxed or electronic copy or counterparts of this Agreement containing signatures (original, faxed or electronic) of a party is binding upon that party. Each signature page to any counterpart of this Agreement may be detached from such counterpart without impairing the legal effect of the signatures thereon and thereafter attached to another counterpart of this Agreement identical thereto except having attached to it additional signature pages IN WITNESS WHEREOF, Vistoso, the Town and Escrow Agent have executed this Agreement as of the Effective Date . VISTOSO: VISTOSO PARTNERS, L.L. C. , an Arizona limited liability company By: Name : Its : 4110, 5 ATLANTA:5021012.4 THE TOWN: THE TOWN OF ORO VALLEY By: Name : Its : ESCROW AGENT : FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation By: Name : Its : Dated : , 2009 6 ATLANTA:5021012.4 r .... , . ' "F. ioi,..,, . . ., .. Oro Valley Limits Master Planned Community • •.,.. 4. L•.�..••� Growth Area Resort/Golf Course '• ( . Urban Services Boundary Neighborhood Commercial/Office4001 '••'y. Significant Resource Areas - Public!Semi-Public • :, Rural Low Density Residential(0-0.3 DU/AC) Community/Regional Commercial , .,:•' qtr Low Density Residential(0.4-1.2 DU/AC) Commerce/Office Park• x •f -• Low Density Residential(1.3-2.0 DU/AC) School :: cj , • •• lit, tali Medium Density Residential(2.1-5 DU/AC) Open Space •.‘ ..,. - \ ''''' if-. `' , 11111. High Density Residential(5+DU/AC) ME Park �,.,,�s c,. .+�a�.a.�1fAr7r.; la:. ' �•.�ar.+rr•r�...�rw...r••a..wr�r..�•.s./ ,...,,,..., .r+.....-.........-•w...•••..-•..,.•��• :. ... �' • • ,,,,,,, r, „pry, „„. S R d 4 J'1r , : ip.,-, .. -:-_,.„..„,. , .. _„,,y,,,,,,., , . , ,./.. ,2 . , . 4t -:-rra-4. , - ' '; I ' i...1/ 17, , . • s - • �.r I / )70.1rop% i _ / / 8�>v „,..,,,,,,,,.. ., „,, ,, , ,,,,,,,,,,,,,,,,,. / . _,.., ._..., , „_., .„ , ,,„,,,,,: , , ......... .„ .._ , , , ." 3, 0 .. . . / ,. v 1 0_ iF '10.410110111V "1,/,,,,,,,, , , •*0";n 'Al i:, 060,00000w `�.... r ii 40,004,441 , _...1 -:,,,4,„'..1„,j '''*", : ' , „ %PA Y - ' ,,,,. -',,, 0 ,,,, t '1'14'''' ' ' A — , -,,, til *:'''''' .., 1,- V •� C) I Itt$° '' \''' ' 0 40 '- ': ':'"..' - \ , ‘ )). I. CJ . 41111).: ( r *,..—....-.'""`ti, st " ":_11Z.'...,,- :,, • 'II) ''; / i . . -',7.::::'-,;,, .:„--, :----', ' 4 ' Z .. .,,, ,. , ,r, ,.._„,,, , , / - , : 1 ; .....- - - —'\ . `,,i cz,,) . „ . Is ,- ,.., 1 I 4 -,-, ///,,,'''/,' ,,', - '.t • � \ 3 v'M f '' t ', i{ F 1 •• ;.•.z . , 4 4„ 1, d{ rte. \ i e •• t ' `�•.....f tr$ „,,,,,,, j„ , . , .....,,,,,..... ' 40.\\'' ....... r . .....,,,„4 e),t‘'- - ./ , / .. , ,„, el:. • . -,,,,,, , , , ( '1/4 - , %PC) , .., 1 14,1 G E ''' , RD - ,,,,,„, \::. f-- , - •� ,„ _ ,..., ..., ,:,.:: Y f ridy '-'�C,, , , I \I — ,. , .,,,,,,,,,,,t,::::-. , 012,, ,', 1 ...J.:00':. ' ' /* ,,---,:-... . • ..„,... ,.,,,. ,,,.. ..,. ,,, ... .., ... . .,- ,s,„, ,1 ,. L,1/4.„...----,,,,,..1/4) N ' __, '. ' .. ' /4-/1' ''7**; too- ' /-....” . :. .,1,,4iii"I'llIll,„- c 1”.--../.:*..:es'.1:.:':.:."4::l'il:::t.::,' The EXHIBIT "D" - RANCHO VISTOSO NEIGHBORHOOD 5 51 0' 2000 Group PROPOSED GENERAL PLAN LAND USES 2009WLE3 No 050 A 0051 ■ - l'1t850:50,Ncw;h5,2DDs Geraral Plsr An-eramer.fE Inks"No4R1-5 PAI:Amer0 F*0 PGor Pillr+Rev 2r090213dwp Ptillac f e'1,20 0 r •- II ,. 8 1 r M 1111, _ _ `,l 4MMy1 Wck �ar..+M+wncw. • 0 • 0 ,: . • ""M:err a) U O U O CU 0CL x` 0- 4- c4-1 o CD Q 4- ;, 1' ,, . P.0.1 0 k' 47, cc CU `° o co cu 0 7 v 13 0s _ nd, 0 0 . „, _. cn cn 0 cn ±-... �'"'� ,.,. 4---; cc c ,.j I N U O N U co 0 1 I:I cc cn 0c L7 cc cn V .�...._.. E E E E E E E E 00 0 0 0 0 0 0 L L L L L L L L LL LL LL LL LL LL U LL U U U U U o M Ln 0 en en <D d' co. <C• l) r-i M Ln en en 0 V W u LU Q V N Q U U V) Q 0 VIQ Q N N +.-:-' C o Q. w rn Qi CL O 0 O CC a Q Q a a t m m t M M • V l • D lD U l,D LO V) M en N en en "in-' — �� CD ) 4-► 7, ci Li •S''' cu ,, N O ND a) Ln Li) ._ O Q1• •N ct d' Ln a) r•-1 N M N M M N Ce Ce V j': C.. W 3 W Z z 9 — oc > o _ GC LA Lt1Ln Ln LA Ln Ln Ln u u u u NIM u U u u L L L L L. L. L L a a a a a a a a an /0! ill i I (7( ff It. ,J 0(,/,,, 1AR 13'139fim10:547-3- _ ,.... ,,, . . • . ,"4Y: a':. rte„ / a/ Orr a / f'' i _ ,..., ,, )4,1470.. i,. Rde Oro Valley Limits Master Planned Community , / / /le °'.` =Growth Area 1111111 Resort 1 Golf Course }'# S I_ i Urban Services Boundary Neighborhood Commercial/Office s r... ...r kk Y / Significant Resource Areas IIIIIIIPublic I Semi-Public '//. po Rural Low Density Residential(0-0.3 DU/AC) Community/Regional Commercial ;Y Ilig. Low Density Residential(0.4-1.2 DU/AC) 111111 Commerce I Office Park / i Low Density Residential(1.3-2.0 DU/AC) School al 411111°A 1111111 Medium Density Residential(2.1•5 DU/AC) 111.1 Open Space s High Density Residential(5+DU/AC) 1111111 Park r.,tuis 0e t;� �CuIspeiAnel , / / ' P111:' IF J r w. 1111 .1110 e , ' „::////, fdpik . P f del #$S°'/ - 2/r , ._.....,, _ , 0 //), .„... ,,,. ,.....). . , s, isiiii, c....t • . , . _ ,. ........k . .„. „/„., • . , w , . . . ,. . .,, . _ . ... Itiiii _,I, Y ,.„ ....._ „ ,/, .0. . „ .. /.../ A _ , • / 0 ,_ . -1 r • / , , / , ...,-/ (1) :1), itio / ',...''''''‘. AL, . '''.\\'' '... / - 40, - /,,,, ,,,,,/3 i f 7 ,,,, 4 fir. +I .,Y. / ,/6' « I V•• ".. ',,. , ,, // , ,,,,, / .,$. 1 • r t .`' „- ' , AMENDMENT i .-.e i iii AREAS 1 TYP. ., ....1,,,,,z 4,,,, ./. 'Z. ”. :'. . .,,e- , / .,#.. / //v ' ' ,'1 ,* 73 ji .. .:.,,, ,,,. -4,,, /////7 ,,,,.. - :....- _ _ -4C) ./ > 1. - d / (! * (/%2 / :* -- \\,. ,,-. --i ct get .1 Zi• . . / ./".,/ .,„., - , ..: J lit . ,-!..., _..,.... jf}jiia///j• // /1/ V, .,,Cii) •- 1 ic.' , /-/F ,/, , . { /7,,,/ / _ , 44 • sr' till '. , . / / , - , -,,,,k,„-,,,-,-.!--.,„q,,, //, 1 , s£ t / illili /4/?i :� icy . ,', Ilk -I.,/0 dd 1 // . 1: y ,, , /V');,,, , . \:,,,, ,.. / 4 • ,f. , /- di- .•, ‘,,,,,G in -.' O :•. 4* N / r..\ L • r if n / J� Am* ! . ,III • AREA 1(PROPOSED AMENDMENT AREAI -# APPROX. APPROX= APPROX. AREA 2(PROPOSED AMENDMENT AREA LAND USE EXISTING PROPOSED CHANGE ' TO BRING GEN.PLAN INTO CONFORMANCE WITH EXISTING PAD. HIGH DENSITY RESIDENTIAL 20.OAC, 87.9 AC. +87.9AC. APPROX. APPROX. APPROX. MI MEDIUM DENSITY RESIDENTIAL 36.8 AC. DAC_ 36.8 AC. LAND USE EXISTING PROPOSED CHANGE SCHOOL 36.3 AC, 36 3 AC. NONE HIGH DENSITY RESIDENTIAL OAC. 41.OAC. +41.0AC. ' 111 RESORT/GOLF COURSE 174.6 AC. OAC. -174.6 AC. MEDIUM DENSITY RESIDENTIAL 73.0 AC. OAC. 73.OAC. IMP y OPEN SPACE 24.TAC. 168.2 AC. +143.5 AC. MN OPEN SPACE OAC. 32.OAC. +32.0 AC. 282.4 AC. 292.4 AC. 73.0 AC. 73.0 AC. ..�.___._____._.._.._...r._ ,F ," .1r .. t�:b;.....�� a �»""' a� » s ■.w wee Group= EXHIBIT "D"- RANCHO VISTOSO NEIGHBORHOOD 5 f‘ 0' 2000' Grnup� PROPOSED GENERAL PLAN LAND USES WLeNo.1S5Oso-A-C.05 lir ,.,........1"--1 •, L%1e w 1O6 Geronii Mar AreartIrrael,E*1011644alattS PAD AanarS Evt I) P(den Age awe Pym%lily.77,MI 9 ESCROW AGREEMENT THIS ESCROW AGREEMENT (the "Agreement" ) is made and entered into as of the day of , 2009, by and between Vistoso Partners, L.L. C. , an Arizona limited liability company, ( "Vistoso" ) , The Town of Oro Valley (hereinafter referred to as "Town" ) , and First American Title Insurance Company, a California corporation, (hereinafter referred to as "Escrow Agent" ) for the benefit of the Amphitheater School District ( "School District" ) . WITNESSET H: WHEREAS, Vistoso has requested the Town to amend the Town general plan ( "General Plan" ) . The proposed General Plan amendment ( "Plan Amendment" ) is described in Exhibit A, which is attached hereto and made a part hereof ; and WHEREAS, 30 days prior to Town Council consideration of the approval of the General Plan Amendment with all terms and conditions, Vistoso shall place a special warranty deed ( "Deed" ) for the conveyance of the new school site as described in the General Plan Amendment into an escrow for the benefit of the School District with instructions to the escrow agent to record the Deed on the date which is 10 days after the General Plan Amendment is approved by the Town provided that the dates for any appeal, reconsideration and referendum with respect to the amendment have elapsed with no appeal , reconsideration or referendum having been initiated (the foregoing being referred to herein as the "Condition" ) ; and WHEREAS, this Agreement shall constitute all of the terms and conditions relating to the escrow described above . NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein and made a part hereof, and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties hereby agree as follows : 1 . Escrow. the Town and Vistoso hereby designate Escrow Agent, as escrow agent, to hold the deed on and subject to the terms of this Agreement, including the Condition. Escrow Agent hereby accepts such designation and agrees to carry out the provisions of this Agreement in accordance with the terms and conditions hereof . Payment for any and all escrow costs and fees shall be the sole responsibility of Vistoso and in no event shall the Town be responsible to pay for any escrow fees or costs . 2 . Terms . the Town and Vistoso hereby authorize and direct that Escrow Agent record the Deed with the Pima County, Arizona Recorder upon the satisfaction of the Condition. The Town and Vistoso shall notify the Town of the satisfaction of the 11 Condition. If only one party sends notice to Escrow Agent of ATLANTA.5021012.4 satisfaction of the Condition, Escrow Agent shall send notice thereof to the other. If the other party does not send notice to the Escrow Agent within ten (10) days thereafter stating that the Condition has not been satisfied, Escrow Agent shall record the Deed. If the Condition is not satisfied on or before , 2010, or the Deed is not recorded on or before said date, Escrow Agent record the Deed without any notice or action by either party required as a condition precedent thereto. 3 . Duties . Escrow Agent undertakes to perform only such duties as are expressly set forth herein and no implied duties or obligations shall be read into this Agreement against Escrow Agent . 4 . Liability. Escrow Agent may act in reliance upon any writing or instrument or signature which it in good faith believes to be genuine, may assume the validity and accuracy of any statement or assertion contained in such writing or instrument, and may assume that any person purporting to give any writing, notice, advice or instructions in connection with the provisions hereof has been duly authorized to do so. Escrow Agent shall not be liable in any manner for the sufficiency or correctness as to form, manner, execution or validity of any instrument delivered in connection with this escrow, nor as to the identity, authority or right of any person executing the same; and its duties hereunder shall be limited to holding the Deed and delivering or recording the Deed from escrow in accordance with this Agreement . In the event of any disagreement between the parties to this Agreement or among any of them and any other person, resulting in adverse claims and demands being made in connection with or for the delivery or recording of the Deed, Escrow Agent shall be entitled to refuse to comply with any such claims or demands as long as such disagreement may continue, and in so refusing shall make no delivery, recording or other disposition of the Deed, and in so doing Escrow Agent shall not become liable in any way for such refusal , and Escrow Agent shall be entitled to continue to refrain from acting until (a) the rights of adverse claimants shall have been finally settled or finally adjudicated in a court having competent jurisdiction over the Deed, or (b) all differences shall have been adjusted by agreement and Escrow Agent shall have received notice of such agreement signed by Vistoso and the Town. In performing any of its duties or responsibilities hereunder, Escrow Agent shall not incur any liability to anyone for any damages, losses, or expenses except for Escrow Agent' s negligence, fraud, willful misconduct or breach of this Agreement, and Escrow Agent shall accordingly not incur any such liability with respect to (a) any action taken or omitted in accordance with this Agreement and in good faith, or (b) any action taken or omitted in reliance upon any writing or instrument or signature as provided hereinabove . In the event of a dispute between the parties hereto, sufficient in the sole discretion of Escrow Agent to justify its doing so, Escrow Agent shall be entitled (but shall incur no liability for failure to do so) to tender into the registry or custody of the 2 ATLANTA:5021012.4 Superior Court of Pima County, Arizona, or other court of competent jurisdiction located in the State of Arizona, the Deed, together with such legal pleadings or other documents as Escrow Agent may deem appropriate, and thereupon Escrow Agent shall be discharged from all further liabilities under this Agreement . 5 . Indemnification. The parties hereby agree, jointly and severally, to indemnify Escrow Agent and hold it harmless from any and all claims, liabilities, losses, damages, judgments, actions, suits or proceedings at law or in equity, or any other expenses, fees, or charges, of any character or nature which Escrow Agent may incur or with which Escrow Agent may be threatened by reason of its acting as Escrow Agent under this Agreement ; and in connection therewith, to indemnify Escrow Agent against all expenses, including attorney' s fees and the cost of defending any action, suit or proceeding or resisting any claim; provided, however, that the provisions of this Paragraph 5 shall not apply in the event of any loss or damage resulting from Escrow Agent' s negligence, fraud or willful breach of this Agreement . 6 . Resignation and Removal of Escrow Agent . (A) Escrow Agent may resign at any time by giving written notice thereof to the parties hereto. (B) Vistoso and the Town by joint action shall have the right , at anytime, to remove Escrow Agent or its successor and to substitute therefor a successor Escrow Agent by giving written notice thereof to Escrow Agent . (C) Escrow Agent shall continue to serve until its successor agrees in writing to be bound by the provisions of this Agreement and receives the original Deed. 7 . Notices . All notices, requests, demands or other communications required or permitted hereunder (a "Notice" ) shall be in writing and may be given by counsel for either party. All Notices shall be given by personal delivery, delivered by nationally-recognized guaranteed overnight courier (e .g. UPS Next Day Air or Federal Express, next day delivery) keeping receipts of delivery, or sent by United States registered or certified mail , return receipt requested, postage pre-paid. Any such Notice shall be deemed given and effective, as applicable, (i) when delivered personally, if sent by personal delivery; (ii) one (1) business day after deposit with the nationally-recognized guaranteed overnight courier, if sent by guaranteed overnight delivery courier; or (iii) seven (7) days after deposit in the U. S . mail , by registered or certified mail, return receipt requested, postage prepaid, if sent by U. S . mail . Notwithstanding the foregoing, when a Notice shall be deemed to have been given, the period in which a response to such a Notice must be given or taken shall run from the date of receipt by the addressee . Rejection, refusal to accept delivery or inability to 3 ATLANTA:5021012.4 deliver due to changed address of which no Notice has been given shall be deemed receipt by the addressee . For purposes of notice, the addresses of the parties, until changed as hereinafter provided, are as follows : If to Escrow Agent, to: FIRST AMERICAN TITLE INSURANCE COMPANY Telecopy No. : Attn: If to the Town, to : The Town of Oro Valley Attn: Telecopy No. : If to Vistoso, to: Vistoso Partners, L.L. C. 1121 W. Warner Rd. , Ste . 109 Tempe, AZ 85284 Attention: Mrs . Judy Windisch Telecopy No. : 480-893-1604 The parties hereto shall have the right from time to time to change their respective addresses by giving at least five (5) days ' notice of such change to the other parties . 8 . Binding Effect . The rights created by this Agreement shall inure to the benefit of, and the obligations created hereby shall be binding upon, the heirs, executors, administrators, personal representatives, successors and assigns of all parties to this Agreement . The Amphitheater School District is hereby deemed a third party beneficiary of this Agreement and shall have all right to enforce the terms hereof or any right, title or interest in or to the Deed or the property described therein. 9 . Applicable Law. This Agreement shall be construed and enforced according to the laws of the State of Arizona. 10 . Time of Essence . Time is of the essence of this Agreement . 11 . Counterparts and Execution and Delivery by Facsimile or Electronic Transmission. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument . Furthermore, this Agreement may be executed and delivered by facsimile or electronic transmission. The parties intend that faxed or electronic (e .g. pdf . format) signatures constitute originals signatures and that a faxed or electronic copy or counterparts of this Agreement containing signatures (original, faxed or electronic) of a party is binding 4 ATLANTA:5021012.4 upon that party. Each signature page to any counterpart of this Agreement may be detached from such counterpart without impairing the legal effect of the signatures thereon and thereafter attached to another counterpart of this Agreement identical thereto except having attached to it additional signature pages IN WITNESS WHEREOF, Vistoso, the Town and Escrow Agent have executed this Agreement as of the Effective Date . VISTOSO: VISTOSO PARTNERS, L.L. C. , an Arizona limited liability company By: Name : Its : THE TOWN: THE TOWN OF ORO VALLEY By: Name : Its : ESCROW AGENT: FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation By: Name : Its : Dated: , 2009 5 ATLANTA:5021012.4 MARCH 25 , 2009 COUNCIL MEETING ITEM 4 REQUEST FOR CONTINUANCE TOWN OF ORO VALLEY t-R 24' 9:51 OV . COUNCIL COMMUNICATION MEETING DATE: March 25, 2009 TO: HONORABLE MAYOR& COUNCIL FROM: Sarah S. More, Planning & Zoning Director SUBJECT: Addendum: Public Hearing: Ordinance No. (0) 09- 03 , OV9-04-02, DESCO Southwest LLC, represented by the Planning Center, requests approval of a rezoning to change the designation of the existing wash on the western boundary of the Miller Ranch development from single family residential (R1-144) to Parks and Open Space (POS), located on the northwest corner of La Canada Drive and Tangerine Road. NEW INFORMATION: The applicant wishes to continue this item until the April 15, Town Council meeting. Recently, a formal request was submitted by applicant a licant(see attached letter). Staff recommends that this item be continued to allow the applicant adequate time to resolve some items. SUGGESTED MOTIONS: The Town Council may wish to consider the following suggested motion: T move to continue Ordinance No. (0) 09- 03 , OV9-04-02, DESCO Southwest LLC, represented by the 'lanning Center, request for a rezoning from R1-144, single family residential to Parks and Open Space until the April 15, Town Council meeting. ATTACHMENT: Applicant's Letter cc: Bob Conant, 622-1950 Mike Bartlett, 297-8943 Project Manager: David Ronquillo, Senior Planner 1. ; l i i A •, 4 • Sa ah S. More, Planning and Zoning Director li / �. J ' Watson, Assistant Town Manager David Andrews, Town Manager THE PLANNNGCENTER r division of TPC Group, Inc. March 23, 2009 Kathryn Cuvelier, Town Clerk Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 Subject: Miller Ranch rezoning amendment Dear Kathy: On behalf of DESCO Southwest we would respectfully request that the Town Council continue OV9-04-02 to the Town Council's regular meeting of April 15, 2009. If you have any questions please to not hesitate to contact me. Very truly yours, THE PLANNING CENTER ,—/ Robert M. Conant, Jr. Project Manager a 110 s church ste 6320 tucson az 85701 o 520.623.6146 f 520.622 1950 w azplanningcenter.com r • TOWN OF ORO VALLEY 4 COUNCIL COMMUNICATION MEETING DATE: March 25, 2009 kite, TO: HONORABLE MAYOR& COUNCIL FROM: Sarah S. More, Planning &Zoning Director SUBJECT: Public Hearing: Ordinance No. (0) 09- 03 , OV9-04-02, DESCO Southwest LLC, represented by the Planning Center, requests approval of a rezoning to change the designation of the existing wash on the western boundary of the Miller Ranch development from single family residential (R1-144) to Parks and Open Space (POS), located on the northwest corner of La Canada Drive and Tangerine Road. EXECUTIVE SUMMARY OF APPLICATION: The original rezoning for a different part of the overall site entailed a change from R1-144, single family residential, to C-1, Commercial and T-P, Technological Park for the area east of the existing wash. In fact, the existing zoning boundary is located on the east edge of the wash.• The applicant's current proposal involves the wash located on the western boundary of the property. This wash was not included as part of the original zoning boundaries; however, restoration of the wash was part of the rezoning conditions. It is currently zoned R1-144, single family residential. This proposal would change the wash designation to Parks and Open Space. The intent is to preserve the wash as open space. The applicant's main reason to amend the zoning is primarily to meet the required building setbacks for the ‘iyiree northern most buildings located within the T-P portion of the property. The buildings are located in close proximity to the western R1-144 zoning boundary and because of the two-story height that is proposed the setbacks are not in conformance with the zoning code. The building locations are consistent with the T-P rezoning tentative development plan. PLANNING & ZONING COMMISSION RECOMMENDATION: At their regular meeting of February 3, 2009, the Planning & Zoning Commission was unable to provide a recommendation due to two failed motions (3 - 3). The first motion was to recommend approval and the second motion was to continue the proposed rezoning. There were numerous items discussed at the meeting and the following were the major issues/concerns addressed (see attached PZ draft minutes for specifics): • The building height of the three northern buildings should be limited to single story. Single story height would meet setbacks; however, approximately 26,000 square feet of building area would be eliminated. (these buildings are located within a T-P zone and not part of this rezoning site) • The intent of the proposal is to protect the wash. The buildings would be located consistent with the previously approved Tentative Development Plan. • The distance of the buildings to the eastern edge of wash was discussed. A setback of 20' should be maintained from the eastern edge of the wash to the closest building. • Rezoning to open space is appropriate. • There were concerns about visual congestion between the wash and buildings. 4600 • A separate proposal for a residential density increase not yet submitted for the western portion of the property should be considered at the same time as the open space proposal. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Pa g ,i) BACKGROUND: Nature of Application: The rezoning stage involves analysis of the property to comprehensively evaluate the suitability . . p y and compatibility of a proposed zoning district and associated range of land uses. The "site analysis" is the keytool y used to evaluate the proposal. Once recommendations are made by staff, the rezoning application lication is reviewed by the Planning & Zoning Commission, which in turn forwards the application with its recommendation to Town Council. Rezoning approval constitutes authorization for the applicant toment roceed with the development p plan process and associated improvements. Because of the nature of the proposed amendment (creation of open for the wash space), a formal site analysis. was not required. Site Conditions: • Gross area of the site is 19.3 acres. • The site is relatively flat. • The existing wash transverses the site from north to south along the entire length of the western boundary. There are portions of the wash that have been previously disturbed. • The wash separates this property from the adjacent residential homes.to the west. There areexisting existing homes within portions of this property. • The wash is not protected as a Town designated"riparian area"; however, it is designated as a Noidg Significant Resource Area in the General Plan. Proposed Improvements: • The wash will be open space and is approximately 5.59 acres in size. • The entire length of the wash will be restored to its natural state the er rezoningconditions. A pprevious restoration plan is currently being reviewed by staff with the assistance of Recon Environmental. • The wash will provide a landscaped buffer yard ranging in width from 35' — 90' along the western boundary. In addition, a 15' protective apron on the outer edges of the wash will be established. • A pedestrian trail and drainage improvements will be established adjacent to the wash. • No buildings will be proposed within the wash. Approvals to Date: • On October 20, 2004, the Town Council approved a General Plan Amendment for this s property. The Amendment changed the land use designation from "Rural Low DensityResidential" to "Commerce/Office Park". The amendment applied only to the portion ofro ert on the eastern side of the wash. p P Y • On February 21, 2007, the Town Council approved a rezoningfrom R 1-144 - pp to C 1, Commercial and T-P, Technological Park. • A master development plan/specific development plan and master landscape plan/specific eciflandscapeic p p plan are currently being reviewed for this property. In addition, a restorationlan addressingspecific p p mitigation measures along the wash on the western boundary is currently being reviewed. F:\OV\OV9\2004\9-04-02\amendment\TCreport-3-25-09.doc TOWN OF ORO VALLEY 400y7OUNCIL COMMUNICATION Page 3 Surrounding Land Uses: Direction Zoning Land Use North SR, Suburban Ranch—Pima County Existing Single Family Homes South R1-7 Verde Ranch Subdivision (across Tangerine Road) East R1-36 Vistoso Gateway Subdivision (across La Canada) West R1-144 Existing Wash & Single Family Homes GENERAL PLAN POLICY CONFORMANCE: In general, this proposal complies with the General Plan land use designation and all the applicable policies. The wash is designated as a significant resource area (SRA) in the General Plan. The "SRA" is an overlay that identifies environmentally sensitive areas that are to be preserved. In particular, the following policies are applicable: • Policy 1.4.8, "The Town shall continue to require adequate buffering of commercial and employment uses from adjacent neighborhoods, with special consideration being given to placing office or other less intense uses adjacent to the residential area. " The wash will be restored to its natural state and will assure that an adequate buffer yard and building 4iir setback is provided along the western boundary of the property. Changing the zoning of the wash to open space will establish further conformance with the General Plan. • Policy 11.1.8, "The Town shall use natural open space preservation as one criterion in considering land use proposals. Developments shall utilize natural open space to comply with requirements for landscaped areas and buffer areas, whenever feasible. " The degraded wash will be restored and mimic a riparian area. It will be vegetated and substantially conform to all landscape and buffer requirements. • ANALYSIS OF REZONING AMENDMENT REQUEST: The applicant's intent is to restore the wash in its natural state. Changing the zoning from R1-144 to Parks and Open Space would assure land use compatibility and further insure the preservation of this significant resource area. The zoning of the land west of the wash is not proposed to be changed with this request. In 2008, the applicant submitted an application for a master development plan and specific development plan for phase 1. After a formal staff review, it was determined that three of the northern most buildings of the site within the T-P district did not meet the required setbacks. Because the wash was not included as part of the original rezoning, it remained as R1-144, single family residential. Per the T-P district, the rear setback of buildings must be a minimum of 50' or a 3:1 ratio (setback to building height) whichever is greater, when abutting a residential district. On the southern portion of the property, a similar setback is required for the C-1 district. If the wash had been rezoned to T-P/C-1 at the time of the original request the building setbacks would not be a concern at this point. (11111T he maximum building height in a T-P district is 34'; however, the building height was limited as part of the original rezoning process. The building height(s) proposed for the three northern buildings is approximately 28' with architectural elements exceeding this height. This is in conformance with the rezoning condition. The F:\OV\OV9\2004\9-04-02\amendment\TCreport-3-25-09.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION pa g,a) proposed setbacks range from approximately 30' - 60' as measured from the east boundaryof the wash. A minimum setback of approximately 90' would be required due to the 3:1 ratio. However, if the wash is rezoned to Parks and Open Space the setback provisions would not apply because the T-P district would now be abutting open space rather than residential. A substantial setback would still be maintained. The distance from the western edge of the wash to the closest building would be greater 120'— 140', achieving a setback than required by code. The proposed building locations would remain the same as originally intended. In sum, the applicant's solution is to rezone the wash to Parks and Open Space thereby achieving preservation of the wash and meeting the T-P setback standards on the proposed master development plan. A significant landscape buffer would still be established. Tentative Development Plan: The proposed rezoning amendment would be in substantial conformance with the Tentative Development Plan (TDP) that was approved as part of the original rezoning. Parks & Open Space District: The proposed rezoning amendment would be in substantial conformance with the requirements of the Parks and Open Space district. PUBLIC NOTIFICATION AND COMMENT: Nee This project has been noticed in accordance with Town procedures, which include the following: • Property owner mailing for all directly affected residents within 600' of parcel. arcel. • HOA mailing. • Post property. • Post at Town Hall and on web. As part of the original rezoning, the applicant held numerous neighborhood meetings. One the main issues addressed during this process was limiting the height of the preserve buildings toviews since two story structures were proposed. A rezoning condition was specified to limit the building height of the three northern buildings, as previously mentioned. The intent of the original plan based on previous neighbor concerns will still be maintained as part of this proposal. To date, no further comments have been received from surrounding property owners. SUMMARY OF FACTORS: Findings in Favor 1. The proposal complies with the OVZCR requirements. 2. The proposal complies with the applicable General Plan Policies. 3. The proposal will achieve a substantial landscape buffer yard and building setbacks. 4. No comments have been received from adjacent neighbors. N od Findings Against 1. The Planning&Zoning Commission was unable to provide a recommendation due to two failed motions. F:\OV\OV9\2004\9-04-02\amendment\TCreport-3-25-09.doc TOWN OF ORO VALLEY 7OUNCIL COMMUNICATION Page 5 2. The T-P district requires no setbacks along the west property line abutting open space; however, a significant buffer/setback is still proposed. SUGGESTED MOTIONS: The Town Council may wish to consider one of the following suggested motions: I move to [adopt, adopt with conditions OR deny] Ordinance No. (0) 09- 03 , OV9-04-02,DESCO Southwest LLC, represented by the Planning Center, request for a rezoning from R1-144, single family residential to Parks and Open Space with the condition specified in Exhibit A. Attachments: 1. Ordinance No. (0) 09- 03 . Exhibit A-Conditions Exhibit B -Proposed Boundaries 2. February 3, 2009, PZ Commission Draft Minutes. cc: Bob Conant, 622-1950 Mike Bartlett, 297-8943 :i Ji r(:--)R a 1-4 ''' ' ' ?.) ' i klirTL-- Sara .)More, P a ng and oning Director itly a' -1 , Craig Civalier, _ n Engineer I) 7 . ...,kran.. - ir - JensWatson, As 'stant Town Manager a David Andrews, Town Manager tilorr F:\OV\OV9\2004\9-04-02\amendment\TCreport-3-25-09.doc } ORDINANCE NO. (0) 09- 03 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING A REZONING REQUEST BY THE PLANNING CENTER REPRESENTING DESCO SOUTHWEST, LLC, TO CHANGE THE DESIGNATION OF THE EXISTING WASH ON THE WESTERN BOUNDARY OF THE MILLER RANCH DEVELOPMENT FROM SINGLE FAMILY RESIDENTIAL (R1- 144) TO PARKS AND OPEN SPACE WHEREAS, the Planning Center (the "Applicant"), representing Desco Southwest, LLC, applied for rezoning from R1-144 to Parks and Open Space (POS) of the existing wash on the western boundary of the property known as the Miller Ranch Development, which is located on the northwest corner of La Canada Drive and Tangerine Road, on Exhibit"A"attached hereto; and WHEREAS, the gross site of the wash requested for rezoning is 5.59 acres; and WHEREAS, Desco Southwest, LLC, voluntarily proposes this rezoning of the wash to protect the wash, because the requested rezoning area is designated as a "Significant Resource Area" in the General Plan; and WHEREAS, as a condition of the rezoning, the Applicant voluntarily grants the Town a conservation easement over the entire wash area; and WHEREAS, the Applicant's request for rezoning complies with the applicable General Plan requirements and all applicable policies; and WHEREAS, on February 3, 2009, the Planning & Zoning Commission was unable to provide a recommendation for approval for rezoning the property from R1-144 to POS due to two failed (tied at 3-3) motions; and WHEREAS, the Town Council has duly considered the Applicant's request for rezoning of the existing wash on the western boundary of the property known as the Miller Ranch Development, which is located on the northwest corner of La Canada Drive and Tangerine Road. NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Town of Oro Valley, Arizona, that the rezoning requested by the Planning Center on behalf of Desco Southwest, LLC, to rezone the existing wash on the western boundary of the property known as the Miller Ranch Development, which is located on the northwest corner of La Canada Drive and Tangerine Road is hereby approved as shown in Exhibit "A", with the conditions attached hereto as Exhibit"B". \\Legal\sharefiles\Planning&Zoning\Projects\Rezone portion of Miller Ranch to POS\Miller Ranch Ordinance.doc TOV Attorney's Office/sb/022409 NOW THEREFORE BE IT FURTHER ORDAINED THAT: 1. 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. 2. 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 on this 25 th 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: EXHIBIT A OV9-04-02 MILLER RANCH REZONING 'Id 1. A conservation easement must be provided within the designated Parks & Open Space area. The wash must be maintained as natural open space and shall be restricted to non-recreational open space; however, one wildlife friendly vehicular crossing,pedestrian paths and related amenities may be permitted as specified on the wash restoration plan. Furthermore, maintenance responsibilities must be specified as part of the easement to the satisfaction of the Planning & Zoning Director. The easement must be recorded prior to the effective date of the rezoning. i , -r,...7,9, A• • , 1 +- i. C CD a ?�v4,---4, P•.i.r a I. Y yT" f!.97r1toq *, 4....',;:lit,'' !• ''',•'i•:'''''''..,.,;')4':-,;14, ) aa3�""" A 'r7�?a l� v 6 «.4,:4.f.:,..-'.-: ::::;.'i',., � ��'��°"- ._�' .t;'��''>'. ..,4. �R"C ,�,. ' + ar -, cin� � (� ° + }y"•'1: + \ , :t• - ! . i j1 .. ^+' j�'j _iM i}°,h�..'f-'..�`7t' '. _ Q r- a pR� Z {r iR•a Ny 4+ 1. .9...4.-,--1.-i-.:14, .+�•baa yy t,* �}$ I' jOfi �°�'r tt,�[ ter•. Irw° i „ Z 0 y'' -: , `' +.s a 4• ..,..,-;'.---.7— :J,�•r M1.,„7/. 'a ..-: 9 y!i'y i+. t ., �i + •ty t � r� A'��y'i• #... ''�! �.s W. _.. ) tif: "� ��� {�{, i•�'� J;.�.r P, 1 �- 'rlit���• W'`�4�•`; a��+ C �_ T w,TFTT.w?Ay r 4 . -7 ,a..s`a y ”, 3 ;„,-:::'414e411,-,•644,,,,.1.4,-,..; 7 `.�,.1 R ;•tF e„' jp� �i.V,;1. „'y `... }•'p V C *F�y� r''Vf, � ' a ♦ �` x } s. ta • _..;g45-.'•.' ,` r. • l `'.*� ^. 7I t +` -T r'�'�' 4• e -\ `(n N U • i• 'I { '?�'a' .-410. •'••- S •�,•• s'.l.� '•'°1 by t:t� «Y1•`& F r '''-j-4 i �.,'�`aTy. ♦ • J•. A}i.(n LJ•} r ;...c.4.. (ii , io n �iF �,,�o rte, g 0 ►�a�4,3,:...-;: x.,„-',:.-�F . +• 3' y i ; ♦�,6 't �..'-! a. i.: �:n aFSa, a O U O 3 40 • t.,,, 't _ r>„f _ <iJr ♦- ..,.,,,,,„.t.- _p fr. • I;7,7:47,,,,,,z.:,.. 7y , -a" 4.,,;,: .,• ',.,;;,„*::!.47,1/4'..,:i: h m It Q Nt .,Ok.'. , i c: AIT i 4 R " t Q '�'*„� zt c.�, .• �.'ft.�'tom+ .silt.wq _.i: fig.'-',..i.,;• ��,,�. "-y -♦`,�y >K74��c�a�y-� �aR � .,'�.ii 1'y 1 t i▪ ILL Z U) • •' '� .I•,,,,,:.*:.\„.7 ,3".,..,,ai> �'f£r•• 5 �I �� ; 7 i,�'_a 4,..*::','.'''',..''!'7'....#:.::::7‘4;:',1)4,-..d ?�,�•_;�.,• .. •k,i;'•+t-Y••y-;•j ?3�.^'f?n�i�it'4 T� ''. , y„e�'; �r A'•R .:.--'75,;,;::: ::: ,A..„"-.•;41 .*"."-,.� � ^�•.., �:.::..:..._ a.. s p+ ! „7• 'S l:" -� ►�,.:}?" ';,y�:{ •.-yt•. Sr*' a* ti,tJ,•\1y ,..}4\a u`w£`', �� 3% z{ ...',---',-,',":',';'1 h .e.., f�" �7 •, 1 VSt•••-;_!:3•!,:efi,':.:::::::.! ,,.,y. ,as`.✓sir �-, ''- .'i,::: 1 ,• .,'.,�... Y' "••'_- 4 .tg a3. .r. h�•4- # • 't �.r'`e ,i.' Z0 +ilk' "� � ��''� !. ! !�.,�1� Yo T•. ,t.,�r. •�a : T K � ..� •� n k'S. 3{•'�,v ' 1,,11 f ,• . ,.'.''''',•.1'.:764.4,. • 'ti.,:'Mrs'; .• 'F •' " ''; A . i�. �i '�,,1' Af " -I, ^I O..i -..'",e0.1`,0, � ? +,,- - •' r ..�,• A.r•-`� t,+)(-'-'7',\,'..4 .,f' �t•'� •L'f,•` .'.+' r •i•,M1 *•.��'' +. �t�." r ;".� ! p • Tyt t.y.- g I a. 4'S, I _ a '\� ,j.: •{' ,iy ,-„tti- .w, .:.< ,•.•i .. i► _ .e �'. 7 _f t .. �i,•! - ', �`'- , +'Aiw.`-\r } �. :yr }„_''j••"t. (((r;;;� +. O sa 1kr .s , ___.,,,,i,----4,!, .;.+ .:fit L•.•„'^•' ,�� -:�`< - ' •�,,,+i,-, 1� ti._.»te. ��ri��• '''''''::::-'1**. , . t+_Jit-. i I � a. • , r r� ,,,..,,,,.7-t,,... „,..,.,,,..,,,,,,,-....,ii.,,,.,,,,?,.., .7,-- -f�µ��{ r a e w e � � H. il ',Z`J •�i �` • �'`,.•. rj�r-;. .° �.'e :� �'"''..�. li�:ti'ti ,�4„��_..i. , °ir, .• A '• r�y') • o ,v- !} 4}•.y,+� .,,• ��. � .�1�'�. . `+ t Y . •.-•.ii, .s '1 •'u •''i,- -K A°''• YZ �,F �'� '�9 --. ,* • .' ' .- •:, . tf,, _ ic..„ ,-, -,,-.7,.,,,-„:„- 4. • i . �. *,-.41.. � `) w,` )t,„ ' � '�*�r ...,,:•,,,A, ....., ! , �'y't'�'t# + ,• i`yam.''� �.���t, a-.�%' ...., i� pé' - t'� ,�,.' t"'�. \��+ -:-,.-----s„... .��Y .,,� sa b"-�-�,,r�� ,. � ..,�� z;j -,...A.:, a•.. 141,, ! .♦R� -. 1 . -,'a.l r" 'a '..sem 1 ' -yam '''':::4';-•f:„ ., tf` ' f:„ ., 'i t v' }w'.. �•.• � �Ry:. '.�.. r' h.. t` +fit t °�'a r• �•n."ixr " �\'• �Ar l ‘-‘r_e.- -.,.. , . -,4,-,,-.,,,,,,,,,..,....._ •T �,,, i"�,pImo*Vs, �• i�*j'Y ",�` ,.i}j4, tr. s�y;,t '.: �'.��. .o.' i' ow .• 4..•�;,�# ', 1+C",. tri.. i,' ys•' a •: ai..4' .." "• -4,.;,,;,:,•l f ''t s, a . T-.,jwww..•3. ', fy `'t"t • 4� .�,�,: t •-' yf �j ,,� t� Albair • ►�jl!".r." •q����.. .r��, � �a'S`i'f'= �`'I'C11�•�• 3`M . _ �• "t�•fi.� _'�.�. r • •� ti"r"t r• :-.., •s , Ya iQy.' 1'V{ -0 v+.g :.-y .I' 7' rX:r't ri41.8:.-.1.'"1,7:::.k.'7,71:' ,!tIi �"'f"3,, cL s i�Y�k4:'rs'''`y,f 'k,,w �../ x •3 e i'''. t ,!,7",',',,')r ; '1 •• r.y. ,::: 1,.+ ,,74',.L.*- + , '.. j •. j ,, i' J'�YJ' " ,t T+''''‹ 3E„' s ,* ' . •+�,'tf»+ +''r ►•' .� ` �T ii, *Pt j i • %_,ry {• tilf''�•,-. L", r� � i '"-t. ,,n'. t• • -, `'''1" {'' •'Nj* L*7-.." c -1Ff 1' r :1 i s illy N•M y� , ' ,. •! ,. O { ' • :¢�v ' '�' "'� \. r ' �ry��i�.* •�1�`* ��;...�',��, � s•'�� �� iiR�' ;+. ,...:Ar., �r � .} ;s• ,�-���� -. �r�iµ-ur � `$. 4i.--v- . j, :• s '..,. -.T,ys+Syly,�nt.1'� 414 •.•'4. 4.i.i, :R I,r' •�at S'`aA. ( .. . tiR . ' .. {>U1..----I-1,-;,,,,,,,4-4-..k• , ,,,;.'-'-'-v# -+*�*�?.ti r',� 'ttu e .1 � is ..�`, , •;. `� y r,.. �"., J .a�#� xii* Yt ��a^e , ��Y � , __& Y, •,3i VC $t t y v. i%,,,,--,;.9:,-,,, ........ 4, .*44..ii, ' ----- -: • :--, °A- u JQ ' , r,. ♦',,.;• " '�A .: 1;is -• ` - , Afc4:47 rz,-.;::".7,.--Tiii, , '0.!.;,..!!.7-,, - • w. R -1f��• re.N•-� �..• •�.' •ria•` , tr2,14;'ij 1 •1L••sA •• •O 'r f _ r '�•'Xi *�'" : � t4 '" '..f.*ori ,j,yf .t .,,,r.,-........ 1.....A.. ,t, • ,73.-.1.,`J.,.''t .T1- ...i---4.. ..,.... . •a moi•'.•,�4'?ns,,,4,, `\ --L"r,�•..w -T.s/1(Ktf/• •r •� .4;, ''. "; .;r6 q '. „Y♦+•N ;; F."...,..-1:;1-,-,,,, ,,,,,-w ya' .rF-.+y;•',47:', .i j,i rJ„w,4,:.,1.,, :t..i.', �$'wI J'+w": IP 2/3/09 Planning and Zoning Commission Draft Minutes 6. Public Hearing: 0V9-04-02, DESCO Southwest LLC, represented by the Planning Center, requests approval of a rezoning amendment to change the designation of the existing wash on the western boundary of the Miller Ranch development from single family residential (R1-144) to Parks and Open Space (POS), located on the northwest corner of La Canada Drive and Tangerine Road. David Ronquillo, Senior Planner, gave the staff report. A revised Exhibit A regarding access was distributed to the Commission. The western portion, when developed, will have to cross-access through this property. Discussion followed regarding: - The building height of the 3 northern buildings would be impacted if nothing was done. - Single story heights would meet set backs, but would substantially reduce square footage. - Parks & Open Space (OS) are typically maintained by an HOA. - Set backs from commercial buildings on eastern edge of wash would be 3:1. - Concern about squeezing and visual congestion between structures and recreation area. - There are trails in the surrounding area, but staff did not know how they would connect. - Recreation areas should be explored prior to going to Council. - Wash was required to be restored as OS. - Set backs for Tech Park from eastern edge of wash would be zero. - Engineering erosion hazard set backs will apply and are probably at least 15 feet. - The applicant's intent is to submit a General Plan amendment for the property to the west for a change in land use. No formal application has been submitted to date. - Oro Valley does not include 404 determination in their pervue. - The Master DP is in general conformance with the previously approved Tentative DP submitted in 2008. - The wash area would not be developable as residential. - The rezoning amendment is not increasing buffer yard space. Applicant, Linda Morales, The Planning Center, answered questions asked earlier. - The 2008 Tentative Development Plan was Council approved with previous rezoning. Building 11, 12, and 13 are set back about 30 to 60 feet. What is being proposed will protect OS permanently and is in compliance with the restoration plan. There is no intention to move buildings closer to the wash. - The main access from the property west of the wash will be though the Technology Park. When that property is developed a second emergency access is proposed to the north onto Sunkist. - The possibility of higher density to the west has been explored, and there have been no comments from a neighborhood meeting held. The intent is to submit a General Plan Amendment application by the end of February for that property to the west. Primary access would be across the wash in the middle of the site and will be designed to handle traffic. Approximately 150 units maximum could go in there. Mr. Keesler said Public Works is working with the applicant through the traffic issues. It has not been approved yet. 3 2/3/09 Planning and Zoning Commission Draft Minutes - Complying with current set backs would limit square footage. Taking off the 2nd story would eliminate about 26,000 sq. ft. - Applicant would be willing to add a condition of a minimum of a 20 foot setback from the wash. PUBLIC HEARING opened and closed at 7:05 p.m. with no speakers. Discussion: Commissioner Hornat said he can't support giving up space between the buildings and wash. 20 feet is too light. Vice Chair Reddin said when this was approved the first time, the intent was to protect the wash and set back from the adjacent neighbors and homes to the west. The revegetated wash would provide a buffer and OS will protect. Commissioner McKee agreed with Vice Chair Reddin. There is a shortage of Tech Park space and we need all we can get. He would hate to loose 26,000 sq. ft. Amend the conditions to have a 20 ft. setback and he will support the request. Commissioner Adler said a 20 ft. setback minimum engineering would require is not satisfactory in terms of enhancing. Protection of a conservation area requires a larger setback. It is the applicant's responsibility to be familiar with zoning regulations. Rezoning a wash as a Park/OS district when there is no intent to adequately protect and create a recreational or public OS area, and there is no understanding with regards to connectivity to trails, is a way to circumvent ZC regulations. He is opposed to that. Commissioner Merry agreed that tech space is needed, but believes OS needs to be protected. A 20 foot set back is too close to the wash. Chair Bergman asked staff if there is sufficient provisions in place to protect the wash during the construction process? Mr. Keesler clarified that the 15 foot minimum for protection was of the buildings from the wash, not for protection of the wash. The wash, whether a 404 or not, will be protected by Federal regulations. Ms. More said during construction both Public Works and Planning and Zoning rules and regulations apply, with frequent inspections, to protect the wash. Chair Bergman believes that the wash is OS and that having it zoned R1-144 does not make sense. She sees this as a technicality as to where to measure setback. The need for Tech Park space is large and needs to be considered. Commissioner Adler pointed out it is not uncommon for washes in residential zoning to have conservation easements placed over them without changing the zoning. Keeping structures away from the wash is for aesthetics and habitat. We need keep a balance. Chair Bergman added that if the Town believes there is a need for buffers between 4 2/3/09 Planning and Zoning Commission Draft Minutes washes and commercial development, it should be incorporated in the zoning regulations. She can't see a reason not to go forward. 3:1 for set backs is from the residential boundary and has nothing to do with washes. MOTION: Commissioner McKee MOVED to recommend approval of OV9-04-02, Desco Southwest LLC, represented by the Planning Center, request for a rezoning from R1-144, single family residential to Parks and Open Space with the revised Exhibit A and adding the condition that all buildings have a minimum 20 foot setback from the each side of the wash. Vice Chair Reddin seconded the motion. Motion failed, 3:3. Chair Bergman, Vice Chair Reddin and Commissioner McKee voting yes; Commissioners Adler, Hornat and Merry voting no. MOTION: Commissioner Adler MOVED to continue item OV9-04-02 to the next Planning and Zoning Commission meeting, and discuss with staff what has been debated. Commissioner Merry seconded the motion. Motion failed, 3:3. Commissioners Adler, Hornat and Merry voting yes. Chair Bergman, Vice Chair Reddin and Commissioner McKee voting no. Recess: 5 minutes 7. Planning and Zoning Department 09-11 Work Plan Ms. More gave the staff report on the year end review and the proposed Work Plan. Suggestions: - Annexations - Comprehensive code clean-up, i.e., assisted living, expand land use list, review Tech Park. - In TC presentation talk about items dropped from plan. Charts showing volume of activity should have estimate of '09 and '10 included. - Push the Arroyo Grande pre-annexation agreement to the future. - Show payback on sustainability project. - Do energy audits for Town. - Plan "B" in case Council pulls out of Arroyo Grande because of the economy. - Kai property. - Rewrite fall series of CPI. - Mixed use (complimentary use) district. Concept is a useful tool for Arroyo Grande project. Right combination of retail, employment and residential. - When presenting to Council have a resource requirement for each item: cost, manpower, etc. MOTION: Vice Chair Reddin MOVED to recommend adoption of the Planning and Zoning Work Plan for fiscal years 2009/10 and 2010/11 to the Town Council, considering comments from the Commissioners. Commissioner Hornet seconded the motion. Motion carried, 6:0. 8. Planning Director Update 5 TOWN OF ORO VALLEY 5 Page 1 1OUNCIL COMMUNICATION MEETING DATE: 03/25/09 Nor TO: HONORABLE MAYOR AND COUNCIL FROM: TOBIN ROSEN, TOWN ATTORNEY SUBJECT: AMENDING SECTION 10.3 OF THE TOWN COUNCIL PARLIAMENTARY RULES AND PROCEDURES TO LIMIT DEBATE TO FIVE MINUTES PER MEMBER ON ANY ITEM. SUMMARY: At the March 4, 2009 Meeting, Vice Mayor Carter moved and Councilmember Kunisch seconded a request to bring forward an amendment to the Town Council Parliamentary Rules and Procedures that would limit debate to five minutes per member on any item before the Council. Currently, the Council follows Robert's Rules of Order (see Town Code, Section 2-4-7(B)), which allows for each member to speak twice on any item for up to ten minutes at a time. The Town Attorney's Office has prepared the attached amendment to Section 10.3 of the Town Council Parliamentary Rules and Procedures which would limit debate on any item to a total of five minutes per member unless a motion to extend debate is duly made and passed prior to debate on any item before the Council. FISCAL IMPACT: None ATTACHMENTS: Amendment to Section 10.3 of the Town Council Parliamentary Rules and Procedures Limiting Debate SUGGESTED MOTION: I move to approve/disapprove the proposed amendment to Section 10.3 of the Town Council Parliamentary Rules and Procedures to limit debate to a total of five minutes per member on any item unless a motion to extend debate is made and passed prior to the debate on that item. Rosen 'n ' Town-Attome T � y_.k,„Att,„ 1/06z2A-1.. 0eJe Watson ssistant Town Manager David Andrews, Town Manager AMENDMENT TO SECTION 10.3 OF THE TOWN COUNCIL PARLIAMENTARY RULES AND PROCEDURES TO LIMIT DEBATE Section 10.3 is amended to read as follows, with additions being shown in ALL CAPS and deletions being shown in Strikethrough text: 10.3 Getting the Floor/LIMITATION ON DEBATE Every Council Member desiring to speak shall address the Mayor, and upon recognition by Mayor,Ma or, shall confine himself/herself to the question under debate. DEBATE ON ANY ITEM SHALL BE LIMITED TO A TOTAL OF FIVE MINUTES PER COUNCIL MEMBER UNLESS A MOTION TO EXTEND DEBATE IS MADE AND GRANTED PRIOR TO DEBATE ON THAT ITEM.