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HomeMy WebLinkAboutPackets - Council Packets (979) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION AUGUST 16, 2006 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSON AT OR AFTER 6:00 PM Pursuant to ARS 38-431.03.A(1), Council may vote to go into Executive Session for the discussion and consideration of employment contract for new Town Manager David Andrews RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER s. COUNCIL REPORTS DEPARTMENT REPORTS TOWN MANAGER'S REPORT The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE —At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. 1. CONSENT AGENDA (Consideration and/or possible action) A. Building Safety Activity Report - July 2006 B. Coyote Run Monthly Report— July 2006 4 08/16/06 Agenda, Council Regular Session 2 C. Resolution No. (R)06-61 Award of contract to Kittelson & Associates, Inc. in the amount of $442,146.00 for professional engineering services for Phase II of the La Canada Widening: Naranja Road to Tangerine Road, Project No. OV 30 04/05 27 D. Resolution No. (R)06-62 Approving and authorizing the execution of contract with Madera Engineering, Inc. to provide professional services to the Town E. Resolution No. (R)06-63 Authorizing and Approving the Potable Water System Master Plan 2006 Update for the Oro Valley Water Utility F. Resolution No. (R)06-64 A Resolution Repealing Resolution No. (R)06-54 and entering into an amended Memorandum of Understanding between Public Safety Employees and Town of Oro Valley pursuant to Chapter 4, Section 4-1-8 of the Town Code, Public Safety Employee Relations and Processes G. Resolution No. (R)06-65 Approving and authorizing the Execution of an Intergovernmental Agreement between the Town of Oro Valley and Pima County, a political subdivision of the State of Arizona, through its Health Department Animal Care Center for the provision of Animal Control Services H. Approval of Council Liaison Assignments I. Approval of employment contract for new Town Manager David Andrews effective September 1, 2006 J. Naranja Town Site Educational Campaign and Logistics Timetable K. Rejection of all bids for the Annual Custodial Maintenance Contract, Project No. OV 30 06/07 11 2. PUBLIC HEARING - APPROVAL OF APPLICATION FOR A PERSON TRANSFER OF A SERIES 09 (LIQUOR STORE) LIQUOR LICENSE FOR N CVS PHARMACY LOCATED AT 10390 N LA CANADA DRIVE 3. PUBLIC HEARING - ORDINANCE NO. (0)06-12 OV8-06-02 REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW MULTI- FAMILY RESIDENTIAL IN A COMMERCIAL DISTRICT, LOCATED IN RANCHO VISTOSO NORTHWEST OF THE SAFEWAY VISTOSO PLAZA, PARCELS #219-54-003A, 223-02-027B AND 219-20-052D 4. PUBLIC HEARING - ORDINANCE NO. (0)06-13 OV8-06-03 REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT FOR A STARBUCKS COFFEE DRIVE-THRU AREA, LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND LINDA VISTA BOULEVARD, PARCEL #244-31-0100 5. ANNEXATION PUBLIC HEARING — REQUEST TO ANNEX APPROXIMATELY 188 ACRES OF UNINCORPORATED TERRITORY LOCATED SOUTH OF STONE CANYON AND NORTH OF LA CHOLLA 08/16/06 Agenda, Council Regular Session 3 AI RP ARK OF THE CURRENT TOWN LIMITS KNOWN AS ANNEXATION AREA "L" 6. ANNEXATION PUBLIC HEARING — REQUEST TO ANNEX APPROXIMATELY 2.8 ACRES OF UNINCORPORATED TERRITORY LOCATED WEST OF THE CURRENT TOWN LIMITS KNOW AS ANNEXATION AREA "M" 7. ANNEXATION PUBLIC HEARING — REQUEST TO ANNEX APPROXIMATELY 120.5 ACRES OF UNINCORPORATED TERRITORY LOCATED NORTH OF THE CURRENT TOWN LIMITS AND KNOWN AS ANNEXATION AREA "N" 8. RECONSIDERATION OF RESOLUTION NO. (R)06- 57 APPROVING FINANCIAL PARTICIPATION AGREEMENT BETWEEN THE METROPOLITAN TUCSON CONVENTION AND VISITORS BUREAU AND THE TOWN OF ORO VALLEY 9. RESOLUTION NO. (R)06- 57 APPROVING FINANCIAL PARTICIPATION AGREEMENT BETWEEN THE METROPOLITAN TUCSON CONVENTION AND VISITORS BUREAU AND THE TOWN OF ORO VALLEY FUTURE AGENDA ITEMS (The Council may bring forth general topics for 10. future meeting agendas.endas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H) p 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 g p . Mayor and Council maynot discuss or take legal action on matters raised during Y "Call to Audience." In order to speak during "Call to Audience" please specify whatY ou wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 8/04/06 4:00 p.m. rg Whenossible� a packet of agenda materials as listed above is available for p 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. 08/16/06 Agenda, Council Regular Session 4 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. INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. 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N r11Lnfgltill*1il !f1tf11111t1 !1; ii,-. „o : * ;;4fl1tIitikiit'.ii1.l,Al„ii.t:f,'iilik.4,,it./1e#ii11.4t,1iiai7?'.i,..1'tr5..,,.t.,-:,:<:,i0c:tr;:,::ii::,:-ii1-.'p ti11tt1tii , iirt .7ieii: it : 4p 00 * 40 ,9it . Sl 444:4 , i.•k..,i: ,t:,t,'..,.-:';-..•:,...:,t'-:,:;, ! .:: ; . ,pacua4,2 589/ 58 lt1I * i , 4 ;h- iZ0 1 ; 4; t , , i r .i 4 a l 2 , ltkAlifl . ) . . „ 144tr1Ea 0 ata Cl)mb=5<-0AE1 1"3,)cA3)3i, .tf *Ae1i . x J554 i' t. 7 t' 11iirP584584/ 58, 5858l555555s58558 585 : 587: ve' : 44 § ii 4 t fso11 . ” " i58k :11158 . 584 l 58 58 t *00 $41 ; . ? ettIq — itVi 2 : ,, 0AifNrq4f,. *1,— ; i _ oltiiv 1t 44/ 58lkti4:ifl58 7 . l 411i * % 411 , ttrii(% ' . irtf . C ,T I• - , . - _ itF talklktt14:14% tf : i 585855/9/ /5 58,58 584/9/ a) 58 58 . fl .< 7 I — o 'Zhtitt , T, . 3w * 7 o ) 0 551 , a ')4t1l 581, 555 58 u)h :. 4, -4ii44,.g 1- , TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 16, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Jose N. Rodriguez, P.E., Engineering Division Manager RESOLUTION NO. (R)06-61 SUBJECT: Award of contract to Kittelson & Associates, Inc. for Professional Engineering Services for Phase II of the La Canada Widening: Naranja Road to Tangerine Road Project No. OV 30 04/05 27. SUMMARY: Kittelson & Associates, Inc. has completed Phase I of Design for the La Canada Widening Project: Naranja Road to Tangerine Road. Phase II of the roadway project will include preparation of final design and construction documents, preparation and submittal of environmental clearance applications and continued public involvement. The Scope of Work is as follows: ➢ Revise/Finalize DCR & EAMR. ➢ Geotechnical Analysis and Pavement Design. ➢ 75% Submittal. ➢ Final Drainage Report. ➢ 404 Permit and other Environmental Services ➢ EAMR ➢ Final Plans, Specifications, Estimate (100%) ➢ Public Open House ➢ Project/Public Meetings ➢ Utility Coordination ➢ Pre-bid Services DPW staff negotiated a contract for $442,146.00 for the La Canada Widening: Naranaja Road to Tangerine Road. ATTACHMENTS: 1. Resolution (R) 06 - 61 2. Proposal from Kittelson & Associates, Inc. dated May 30, 2006 TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 FISCAL IMPACT: Funding for this project is in the PAG TIP and the Town CIP. The following is the breakdown of the funding sources: ➢ $50,000 PAG PDAF ➢ $350,000 Town Wide Impact Fees 05/06 fiscal year ➢ $659,031 Town Wide Impact Fees 06/07 fiscal year. The contract amount for Phase I was $187,467.00 RECOMMENDATION: The Department of Public Works staff recommends the award of this contract to Kittelson & Associates for Phase II of the La Canada Widening, Phase II: Naranja Road to Tangerine Road through the adoption of the attached resolution. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve resolution (R) 06- 61 OR I move to deny resolution (R) 06- 61 240., J•-:e . Rodrig d -z, En%Fneering Div. Manager Cr ig valie PE, Town Engineer firvu) ,i---avA-4-- Dav' A n•rews, A Vant Town Manager 4' Chuck Sweet, Town Manager RESOLUTION NO. (R)06- 61 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AWARD OF CONTRACT TO KITTELSON & ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR PHASE II FOR THE LA CANADA WIDENING: NARANJA ROAD TO TANGERINE ROAD PROJECT NO. OV 30 04/05 27. WHEREAS, the construction of roadway improvements within the Town's Right of Way is necessary to the public health, safety, and welfare in order to provide for the safe and effective movement of vehicular and pedestrian traffic; and, WHEREAS, the Town Council deems it necessary, in the interest of providing for the health, safety, and welfare of the citizens of Oro Valley, to authorize the Mayor to contract with Kittelson & Associates, Inc. for Professional Engineering Services for Phase II, of the La Canada Widening: Naranja Road to Tangerine Road Project No. OV 30 04/05 27; and, THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: The Mayor is authorized to contract with Kittelson & Associates, Inc. for Professional Engineering Services for Phase II, of the La Canada Widening: Naranja Road to Tangerine Road Project No. OV 30 04/05 27. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 16thday of July, 2006. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor Date ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Date Melinda Garrahan, Town Attorney Date " ' r 17 1 / KITTELSON & ASSOCIATESINCU ~ �__ TRANSPORTATION ENGINEERING/PLANNING 33 N.Stone Avenue,Suite 800 • Tucson,AZ 85701 • (520)544-4067 • Fax(520)544-9616 May 30, 2006 Project #: 7935.P Mr. Jose N. Rodriguez, P.E. Town of Oro Valley Engineering Division Manager 11000 North La Canada Drive Oro Valley, Arizona 85737 RE: La Canada Drive, Tangerine Road to Naranja Drive Phase 2 Proposal(Revised) Dear Mr. Rodriguez: Kittelson & Associates, Inc. (KAI) is pleased to submit this proposal to complete Phase 2, the final design for the widening of La Canada Drive from Tangerine Road to Naranja Drive. Phase 2 will include preparation of final design and construction documents, preparation and submittal of environmental clearance applications, and continued public involvement. This proposal covers work to be completed as part of Phase 2. The scope of work described herein was based on the results and findings as documented in the draft DCR (Feb. 2006) and design decisions from the Town. Key decisions are summarized below. 1. Use the narrow cross-section: 18-foot median, 12-foot inside lane, 11-foot outside lane, and 6-foot bike lane. 2. Maintain the same vertical profiles for both northbound and southbound directions. 3. Shift the roadway centerline 5-feet east of the right-of-way centerline from north of Naranja Drive to Scioto Avenue. 4. Keep the 10-foot multiuse path on the west side and adjacent to curb from Naranja Drive to Crystal Vision Street. North of this segment, the path can meander where feasible. 5. A golf course architect will be added to the team. The architect will look at options to minimize stray balls and protect the traffic. 6. Areas along the golf course, within and possibly outside of the right-of-way, will be heavily landscaped. 7. If feasible, the drainage way currently crossing the golf course will be redirected to the south along the fill wall that will be constructed. 8. A southbound right-turn lane will be added at the intersection of Naranja Drive and La Canada Drive. 9. A median opening will be provided at Scioto Avenue, not Red Creek Drive. 10. Additional noise readings will be obtained for up to 10 residents in the Canada Village 15. 1\TUCDC1wrk1projfile17935-LC2ladmin\p\La Canada Scope2 Rev02.doc La Canada Drive, Naranja Drive to Tangerine Road-Phase 2 Project 7935_P May 30, 2006 Page:2 If retained by the Town to provide post design services, KAI willre are and submit a separate p p p scope of work and fee estimate. Scope of Work A. Revise/Finalize DCR EAMR Due to the requested roadway design changes, some of the tasks in Phase 1 will need to be revised. These tasks are described below. 1. Revise/Finalize the DCR. The draft DCR was submitted and revised based on comments received from the Town. The recent selection of a third alignment alternative will require significant revisions to the DCR. In order to minimize this effort, the current document will remain as is and KAI will provide an addendum that will summarize the selected roadway alignment. The following subtasks will be performed. a. Revise the traffic report to reflect the southbound right-turn lane at Naranja Drive and the median opening at Scioto Avenue. Review the traffic projections prepared by Curt Lueck for the Oracle Road widening project. b. Perform additional noise readings (for up to 6 residents). Recalibrate and re-run the noise model. Revise the noise report. c. Rerun the hydrologic and hydraulic analyses using the drainage criteria requested by the TOV. Revise the drainage report. d. Prepare DCR addendum. 2. Revise EAMR. The draft EAMR was prepared but will need to be revised to reflect the changes in the DCR. A revised EAMR will be prepared. B. 30%Submittal A significant portion of the 30% plans were completed prior to the adoption of the new cross section and alignment. These design changes will require significant revision to the 30% design. Unused fee from this task in Phase 1 will be transferred to Phase 2; however, additional fee will be required to revise the 30% plans. Included in the 30%plans will be: • Typical cross sections and miscellaneous details. A pavement structure section will be assumed to complete the 30% plans. It will be revised later per the pavement design report. • Horizontal and survey control. • Plan and profile. Plan and profile will also be prepared for Naranja Drive and all side streets. Potential water and sewer conflicts will be identified and noted on the plans. • Cross drainage plan and profile. The design of all cross drainage facilities will be in accordance with the Town of Oro Valley (TOV) Drainage Criteria Manual (October 2002). For more information, refer to the attached EEC scope. • Storm drain plans. Hydrologic calculations will be performed to estimate pavement run- off flows and determine locations of catch basins. Also included will be locations of Kittelson&Associates, Inc. Tucson,Arizona La Canada Drive, Narania Drive to Tangerine Road-Phase 2 Pro ect 7a35.P May 30, 2006 Page:3 manholes and the trunk line, along with sizing information. Sizing of all structures will be in accordance with the Town of Oro Valley (TO\') Drainage //�( n (Ocitobel Kv a.aaivv �� alv L yr tl1 r U11V Drainage Criteria Manual 2002). • Preliminary pavement markings. All pavement markings will be designed per Pima County standards. • Native Plant Preservation Plan (NPPP). The NPPP will be prepared by McGann and Associates Inc. in accordance with Chapter 14 of the Town of Oro Valley Zoning Code Revised. For more information, refer to McGann's detailed scope. • Cross sections. Cross sections will be provided at 1:1 (Horizontal:Vertical) scale and every 50 feet. • Preliminary cost estimate. For the roadway plans, 5 sets of full-sized plans and 2 sets of half-sized plans as well as a pdf file will be submitted to the Town. For the cross sections, 2 sets of full-size plans and 2 sets of half- sized plans will be submitted. Full-sized roadway and cross-section plans will also be distributed to all utilities and Oro Valley Water. C. Geotechnical Analyses and Pavement Design All geotechnical services will be provided by NCS Consultants, LCC. The following tasks are included in the NCS scope, which is attached. • Site reconnaissance and field investigation. • Perform 20 soil borings and necessary laboratory tests. Lane closure traffic control will be required for the soil borings and is included in the scope. NCS will be responsible for the right of entry permits, while KAI and/or TOV staff will notify the residents of the drilling activities. • Perform geotechnical and pavement analyses. • Prepare a geotechnical report and performance specifications for modular block walls and reinforced soil slopes. Three copies of the draft geotechnical report and three copies of the preliminary performance specifications will be submitted with the 75% submittal. Three copies of the final report and specifications will be submitted with the 100% submittal. D. 75%Submittal In addition to necessary revisions to the items included in the 30% submittal, the 75% submittal will include the following. • Additional cross sections, miscellaneous details, and summary tables. • Multiuse path plan and profile. • Staking plan for the intersection of La Canada Drive and Naranja Drive. • Demolition plan. • Cross culvert inlet/outlet details. Kittelson&Associates, Inc. Tucson, Arizona La Canada Drive, Narania Drive to Tangerine Road-Phase 2 ProJecf�936.P May 30, 2006 Page:4 • Traffic signal plans. The signal at La Canada Drive and Naranja Drive will be modified to accommodate the roadway w idening. • Pavement marking notes, details, and quantity summary table. • Signing plans. • Retaining wall plans (typical cross section, plan and profile). Since MSE wall systems will be used for both cut and fill sections, a plan showing the architectural treatment of the walls, as is typically required with soil nailing or cast-in-place walls, will not be required. The MSE wall appearance will be coordinated as part of the landscape design element. • Initial landscape and irrigation plans. The plans will incorporate salvaged and mitigation plantings as required by the NPPP. Proposed water service and electrical service locations for the irrigation system will be included. For more information, refer to McGann's detailed scope. • Special provisions. The special provisions will be prepared according to the Pima County/City of Tucson standards, and will include detailed performance specifications for the retaining walls. • Cost estimate. For the roadway plans, 5 sets of full-sized plans and 2 sets of half-sized plans as well as a pdf file will be submitted to the Town. For the cross sections, 2 sets of full-size plans and 2 sets of half- sized plans will be submitted. Full-sized roadway and cross-section plans will also be distributed to all utilities. It is not anticipated that modification of water or sewer facilities will be required as part of this scope. If modification plans are required for water, sewer, or other utilities, they can be covered in a separate scope of services. E. Final Drainage Report After the 75% plans have been reviewed, the drainage report will be finalized. The main objective of the report is to document hydraulic analyses for the storm drain system as well as the final design of the culverts and channels. All analyses and designs will be in accordance with the TOV Drainage Criteria Manual. Two (2) copies of the report will be submitted for review and approval. F. 404 Permit and other Environmental Services EEC, as a subconsultant to KAI, will be responsible for finalizing the delineation of the jurisdictional waters of the U.S., preparing the 404 permit application, performing the pygmy owl surveys in 2007, and consultation with U.S. Fish and Wildlife. Based on the delineations, KAI will estimate the loss of jurisdictional area and coordinate with EEC to complete the 404 permit application. G. EAMR After the 75% review submittal and the public open house, KAI will submit a draft final EAMR. The report will document the public involvement process and input, and include a set of the roadway plans. Two (2) copies of the report will be submitted for review and approval. Kittelson&Associates, Inc. Tucson,Arizona La Canada Drive, Naranja Drive to Tangerine Road-Phase 2 Project 79.35.P May 30, 2006 Page:5 H. Final Plans, Specifications, and Estimate (100%) The 100% p lans will includerevisions to the 75% submittal, as well as the following necessary items: • Storm Water Pollution Prevention Plan (SWPPP). • Artwork details. For the roadway p5 sets of full-sized plans and 2 sets of half-sized plans as well as a pdf file will be submitted to the Town. For the cross sections, 2 sets of full-size plans and 2 sets of half- sizedp lans will be submitted. Full-sized roadway and cross-section plans along with a request for conflict clearance will be distributed to all utilities. Upon the approval of the 100% plans, KAI will submit a full-sized set of sealed mylar plans, sealed special provisions, the final construction cost estimate, and the bid item list. Electronic files of the special provisions, estimate, and bid item list will also be submitted. I. Public Open House KAI will schedule, coordinate, and participate in a Phase 2 public open house. The open house will be held upon the completion of the 75% submittal. KAI will assist the Town staff in preparation aration of the announcement, as well as handouts, comment forms, and presentation materials at the open house. The Town will handle the mailing of the open house announcement. Comments received at the open house will be summarized by the Town and evaluated by both the Town staff and design team. J. Project/Public Meetings KAI anticipates following meetings will be required. • Three (3) design submittal review meetings. The meetings will be held at the Town of Oro Valley. • Three (3) pJ project coordination meetings. The meetings will be held at the Town of Oro Valley. • Five (5) design meetings. The meetings may be with the Town staff or among team members. • Three (3) public meetings. As requested, KAI will meet with a home owner association, individual residents, or the golf course owner. • Four (4) artist coordination meetings. Project team members will participate in the selection of ap ublic artist for this project, as well as coordination meetings during each design submittal. K. Utility Coordination KAI will distribute the 30%, 75%, and 100% plans to the utility companies for review and subsequently schedule coordination meetings to discuss and resolve any identified conflicts. In addition to the three coordination meetings after the submittals, meetings with individual utility may be required uired to resolve specific conflicts. Coordination with Oro Valley Water and the q Kittelson&Associates, Inc. Tucson,Arizona r • , La Canada Drive, Narania Drive to Tangerine Road-Phase? rc/ecr 7a� v May 30, 2006 ' v . v� v Page:6 designer for the reclaimed water main will be required. KAI will attend up to six (6) meetings. After the distribution of the 100% plans, KAT will request clearance letter from the utilities companies. L. Utility Relocation Design Except for adjustment of manholes and valve boxes, the design of utility relocations or new facilities are not anticipated as part of this scope. Should utility designs be required, a separate scope of work and fee estimate will be prepared and submitted. M. Pre-bid Services KAI will provide the following pre-bid design services as needed. • Attend the pre-bid meeting. • Provide responses to Bidder questions related to the roadway plans and special provisions. • Provide written addenda as needed. N. Golf Course Improvements Slope and drainage improvements for the Canada Village golf course may be required depending upon the solutions that are carried forward to mitigate the hazard associated with golf balls being hit onto La Canada Drive. KAI will work with the Town and property owners, under a separate contract for this effort. Fee Estimate Detailed hours and fee estimates for KAI and our project subconsultants are attached. A fee summary is provided. The total estimated fee for this phase of the project is $442,146, which includes $16,191 of direct costs. Schedule Upon receipt of a notice to proceed, KAI will complete the Phase 2 tasks within 240 calendar days. A tentative project schedule is attached. We look forward to working with you on this project. Please call if you have any questions. Sincerely yours, KITTELSON & ASSOCIATES, INC. ._. ..?5, /1,/ J es M. choen, P. . w enior Principal Engineer Attachments Kittelson&Associates, Inc. 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O 0 CL 0 C3 0 N- CC J U) 0 it �- it LL_ -- it 0 CL 0 0 0 CL N < U) I ° t` c. Ct) 0c.;C E If"c V 0 Q C CU Z g 4 a 0 Q w 1DTOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: AUGUST 16, 2006 TO: HONORABLE MAYOR& COUNCIL FROM: Suzanne Smith, Building Safety Administrator SUBJECT: RESOLUTION NO. (R)06-62 CONTRACT FOR PROFESSIONAL SERVICES WITH MADERA ENGINEERING, INC. TO PROVIDE PROFESSIONAL PLAN REVIEW SERVICES. SUMMARY: The Building Safety Division occasionally needs the assistance of outside plan review services in order to expedite reviews during periods of high volume and to meet established performance goals. In addition, occasionally the plans examiners receive plans that are unusually complicated and more technical than they are qualified to perform. In order to provide the Town with more options, MADERA Engineering, Inc. has been used on a trial basis. The Building Safety Division has determined that MADERA Engineering, Inc. consistently provides the high degree of quality work that is expected by the Town and can perform reviews on unusually complicated and more technical projects. The contract before you tonight authorizes the use of MADERA Engineering, Inc.' services by the Town on an as needed basis. The contract includes liability isurance coverage that MADERA Engineering, Inc. will be required to maintain. Section I of the contract describes the scope of services MADERA Engineering, Inc. will be able to provide to the Town. Section II of the contract states that MADERA Engineering, Inc. will be compensated for their services at a rate of 75% of the plan review fee collected by the Town for plan review services, and provides for partial plan review fees and an hourly rate for other services. These fees are budgeted under the Professional Services line item in the Building Safety Budget. FISCAL IMPACT: The fees paid for plan review by outside professional services are 75% of the fees collected by the Town, leaving 25% to cover administrative cost. There should be no negative fiscal impact to the Town as a result of utilizing a consultant for plan review services. RECOMMENDATION: Staff recommends that the Mayor and Council approve Resolution No. (R)06- a resolution of the Town kriol 'ouncil of the Town of Oro Valley, Arizona, approving and authorizing the execution of a contract with ADERA Engineering, Inc. to provide professional services to the Town. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTION: I move to approve Resolution No. (R)06- 62 a resolution of the Town Council of the Town of Oro Valley, Arizona, approving and authorizing the execution of a contract with MADERA Engineering, Inc. to provide professional services to the Town. ATTACHMENTS: Resolution No. (R)06- 62 MADERA Engineering, Inc. Contract Agreement MADERA Engineering, Inc. Statement of Qualifications 44%, Ai Building ety istrator Comm pity Development Director Assistant Town Manager Town Manag RESOLUTION NO. (R)06-62 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH MADERA ENGINEERING, INC. TO PROVIDE PROFESSIONAL SERVICES TO THE TOWN WHEREAS, at times, it is necessary to use the services of a professional service consultant to provide timely service to the customers of the Town of Oro Valley Building Safety Division; and, WHEREAS, MADERA Engineering, Inc. can provide a service consistent with the same services provided by the Town; and, WHEREAS, MADERA Engineering, Inc.. has on its staff, engineers who's expertise is needed to evaluate the structural and environmental safety of technically unique projects desiring to build within the Town; and, WHEREAS, the Town of Oro Valley desires to enter into a Contract MADERA Engineering, Inc.. to provide professional services, as needed, to the Town; and, WHEREAS, it is necessary for the Building Safety Division to provide timely, accurate and consistent services for the health, safety and welfare of the public of the Town of Oro Valley, Arizona. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: 1. That staff is authorized to contract with MADERA Engineering, Inc. to provide professional services to the Town, as needed, for building plan review services, engineering services and temporary staff to the Town of Oro Valley Building Safety Division. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 16th day of August , 2006. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier,Town Clerk APPROVED AS TO FORM: Melinda Garrahan, Town Attorney tib I 1 I � 1 ff • r r 4,41' okt,%, e meg. , A„A'N` swur 4 it-Wit A13--'141101111_ 'k#s►��+�r � r ac g� a+k' a x'�-f. °NDE } TOWN OF ORO VALLEY BUILDING SAFETY DIVISION 11,000 N La Canada Drive ORO VALLEY, AZ 85737 (520) 229-4831 CONTRACT FOR PROFESSIONAL SERVICES PROJECT TITLE: Building Safety Plan Review This Contract is made and entered into by and between the Town of Oro Valley, a municipal Corporation(the "Town") and Madara Engineering, Inc. (the "Consultant"). WITNESSETH: WHEREAS, the Mayor and Town Council/Town Manager of the Town of Oro Valley are authorized and empowered by the revisions of the Town Code to execute contracts for Professional Services. NOW THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter contained, it is agreed by and between the Town and the Consultant as follows: SECTION I—DESCRIPTION/SCOPE OF WORK The Consultant agrees to perform the work as described in Schedule "A", Description/Scope of Work. SECTION II—PAYMENT SCHEDULE For services described in Section I, Schedule "A" of this Contract, the Consultant will be paid seventy five (75%) percent of the Building Permit Fee Schedule, as amended by the Town from time to time. Consultant shall be paid the seventy five (75%) percent of the fee collected by the Town upon final completion and acceptance of any specific plan review within thirty(30)days. \\Legal\sharefiles\Com Dev\Bldg Safety\Contracts\Madara Engineering\Prof Services 070606.doc 11 SECTION II[—PERIOD OF SERVICE Following receipt of a Notice to Proceed with the work, the Consultant shall complete all services described in Section itir II within the time frames as stated in Schedule A. SECTION IV—APPROVALS All work shall be subject to approval by_Building Safety Administrator and/or his/her designee. Consultant agrees to exercise the skill and care which would be exercised by plan review professionals performing similar services at the time and in the locality. If failure to meet these standards results in faulty work, Consultant shall undertake at its own expense the corrective adjustments or modifications. SECTION V—INDEMNIFICATION The Consultant agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, the Building Safety Administrator and/or his/her designee, appointed boards and commissions, officials, officers, employees and the Town's insurance carriers, individually and collectively from all losses, claims, suits, demands, expenses, subrogations,attorney's fees, or actions of any kind and nature arising out of the Consultant's negligence or any subcontractor employed by the Consultant (including bodily injury and death) or any other losses, claims, suits, demands, and/or expenses, arising or alleged to have arisen out of the work to be performed, except any injury or damages arising out of the negligence of the Town, its officers, agents or employees. The amount and type of insurance coverage requirements set forth in Section VII will in no way be construed as limiting the scope of indemnity in this paragraph. SECTION VI—INDEPENDENT CONTRACTOR By my signature hereunder, as Consultant, I agree that I am not an employee of the Town, and that I am performing the duties as an Independent Contractor, supplying my own employees, and maintaining my own insurance and handling all of my own internal accounting. Consultant waives any right of subrogation for its workers compensation coverage. SECTION VII—INSURANCE See Attachment A SECTION VIII—TERMINATION This Contract may be cancelled by either Party upon written notice of a minimum of fourteen (14) calendar days before intended termination date. SECTION IX—LIQUIDATED DAMAGES If the plan review to be performed by the Contractor under Schedule A of this Contract is not timely completed, the . Consultant shall pay the Town ten(10%)percent of the plan review fee per day the project is late as liquidated damages for each day the work remains incomplete after the scheduled completion date. This amount is agreed upon because of the impracticability and extreme difficulty of ascertaining the actual damages the Town would sustain. The scheduled completion date for terminating liability for liquidated damages shall be in accordance to the Description/Scope of Work (Schedule"A")for each particular plan review, subject to Section X—Force Majeure. Whenever additional information is required in order to complete a plan review, any extension of time to complete the plan review shall be agreed to in writing by the Parties. SECTION X—FORCE MAJEURE Notwithstanding any other term, condition, or provision hereof to the contrary, in the event any party hereto is precluded from satisfying or fulfilling any duty or obligation imposed upon such party by the terms hereof due to labor 1\Legal\sharefiles\Com Dev\Bldg Safety\Contracts\Madara Engineering\Prof Services 070606 doc 2 strikes, material shortages, war, civil disturbances, weather conditions, natural disasters, acts of God, or other events beyond the control of such party, the time period provided herein for the performance by such party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events and must be agreed to IN WRITING BY BOTH PARTIES. -.wad SECTION XI—ARBITRATION OF DISPUTES Any dispute arising under this contract that is not settled by the Town and the Consultant may, upon mutual agreement of the parties, be decided by an Arbitration Board composed of a representative of the Town, a representative of the Consultant and a representative mutually acceptable to the Town and the Consultant. The Town, however, reserves its rights as set forth in Arizona Revised Statutes, Title 12. The Consultant shall continue to render all services requested in this Contract without interruption, notwithstanding the provisions of this section. Nothing herein shall be deemed to require arbitration except at the Town's discretion. The laws of the State of Arizona shall apply to this Contract, and the Consultant agrees to the subject itself to the jurisdiction of the Courts of the State of Arizona for any conflict that arises from the terms of this Contract. SECTION XH—OWNERSHIP OF DOCUMENTS All documents including, but not limited to, tracings, drawings, original mylars, estimates, field notes, investigations, design analysis and studies which are prepared in the performance of this Contract are to remain the property of the Town. The Consultant shall furnish the Town, upon request, originals or copies of technical specifications and copies of all documents listed above. SECTION XIII—NO KICK-BACK CERTIFICATION The Consultant warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no member of the Town Council or any employee of the Town has an interest, financial or otherwise, in the Consultant firm. For breach or violation of this warranty, the Town shall have the right to annul this Contact without liability or, at its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. SECTION XIV—CONFLICT OF INTEREST This Contract is provisions subject to the of A.R.S. § 38-511 which provides in pertinent part that the state, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time, while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or a Contractor to any other party to the Contract with respect to the subject matter of the Contract. SECTION XV—ASSIGNMENT This Contract shall not be assignable except at the written consent of the parties, and it shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the parties. SECTION XVI-ENTIRE AGREEMENT This is the entire Contract between the parties. If any portion(s) of this Contract is (are) later found to be invalid or shall be null and void and without anyl' unenforceable, such portion(s) effect on the rest of the Contract which shall continue in full force and effect. 11Legal\sharefiles\Com Dev\Bldg Safety\Contracts\Madara Engineering\Prof Services 070606.doc 3 IN WITNESS WHEREOF, the parties have hereunto subscribed their names this day of , 20 TOWN OF ORO VALLEY: CONSULTANT: MADARA ENGINEERING,INC. By: By: Mayor President Date: Date: By: Secretary By: Department Head Date: ATTEST: WITNESS (If Individual or Partnership) Kathryn E. Cuvelier,Town Clerk Date: APPROVED AS TO FORM: Melinda Garrahan,Town Attorney Date: SIGNING INSTRUCTION TO THE CONSULTANT: All signatures must be notarized. In the event that the contracting firm is a corporation,the president and the secretary or the vice-president and the secretary of the corporation must sign and the corporate seal must affixed thereto. State of Arizona ) ) ss. County of ) SUBSCRIBED AND SWORN before me this day of , 20 by , who is known to me or has satisfactorily been identified as the President, and by who is known to me or has satisfactorily been identified as the Secretary, both as duly authorized agents to sign on behalf of to bind and obligate the Consultant. Notary My Commission Expires: \\Legal\sharefiles\Com Dev\Bldg Safety\Contracts'Madara Engineering\Prof Services 070606.doc 4 ATTACHMENT A INSURANCE The Consultant agrees to obtain insurance coverage of the types and amounts required consistent with the coverage limits shown below. 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 (including blanket contractual $100,000 Property Damage and premises/operations) Professional Liability Insurance $500,000(Minimum) Combined Single Limit The Consultant will provide satisfactory certificates on the required insurance coverage before beginning work. 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 policy. Insurance policies shall remain in force until all work has been completed and the completed project has successfully fulfilled its warranty period. If a policy does expire during the life of the Contract, a renewal certificate of the required coverage must be sent to the Town of Oro Valley not less than five(5)workdays prior to expiration date. Each certificate shall include project description,project number and the signed acknowledgement of the insurance company. The Town of Oro Valley will be included as an additional insured on all policies except Worker's Compensation and Professional Liability. Policies for General, Automobile, and Excess Liability are primary over any insurance available to the Town and as to any claims resulting from the Contract, it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. In regard to Professional Liability, Consultant agrees to indemnify, defend, and save harmless the Town of Oro Valley, its Mayor Nile and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the Consultant or of any subcontractor employed by the Consultant(including bodily injury and death) or damages to any property, arising or alleged to have arisen solely out of the negligent performance of the Consultant for the work performed. Consultant agrees to indemnify, defend and hold harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, against any an all claims arising out of errors, omissions or negligent acts in the performance of services by the Consultant. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. In regard to General, Automobile, and Excess Liability,the Consultant agrees to indemnify, defend and save harmless the Town of Oro Valley,its Mayor and Council,appointed boards and commissions, officials, officers, employees, individually and collectively from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the Consultant or any subcontractor employed by the Consultant(including bodily injury and death)or damages to any property,arising or alleged to have arisen out of the negligent performance of the Consultant for the work to be performed hereunder, except any injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. IT IS THE INTENTION OF THE PARTIES to this Contract that the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, are to be indemnified against their own negligence unless and except that negligence is found to be the sole cause of the injury to persons or damages to property. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. Nod \\Legal\sharefiles\Com Dev\B1dg Safety\Contracts\Madara Engineering\Prof Senices 070606.doc 5 } CONSULTING FIRM: PROFESSEONALS REGISTERED EN THE STATE OF AREZONA (IN-HOUSE) In the space provided below, list name, major field of expertise, and professional registration number for all in- house Architects, Landscape Architects, Engineers, and Land Surveyors registered in the State of Arizona on your staff as of 5/04. Enter total number of Arizona Registrants listed below: (For additional space use reverse side.) NAME FIELD REGIS. NO. N/A Nimor \\Legal\sharefiles\Com Dev-1BIdg Safety\Contracts\Madara EngineeringlProf Services 070606.doc 6 SCHEDULE "A" DESCRIPTION/SCOPE OF WORK BUILDING PLAN REVIEW SERVICES The CONTRACTOR shall provide BUILDING PLAN REVIEW SERVICES necessary to assure compliance with the International Building, Residential, Plumbing, Mechanical, Fire and the National Electrical Codes as adopted by the TOWN. Review time for plans shall be in accordance with the following table. Turn around times shall include both pickup and delivery time back to the community. Recheck of initial plan review comment corrections shall be completed in a timely manner not to exceed the time frame established for the initial review. STANDARD MAXIMUM TURNAROUND PROJECT REVIEWS TIME IN WORKING DAYS Single Family Residential 10 Multifamily Residential 10 Commercial to 150,000 sq. ft. 10 Commercial greater than 150,000 sq. ft. 15 All"Fast Track"projects As agreed upon written acceptance of project. Fire Protection Systems 10 EXPEDITED (Double) PROJECT REVIEWS Single Family Residential 5 Multifamily Residential 5 Commercial to 150,000 sq. ft. 5 Commercial greater than 150,000 sq. ft. 7 All"Fast Track"projects As agreed upon written acceptance of project. Fire Protection Systems 5 EXPEDITED(Triple) PROJECT REVIEWS Single Family Residential 3 Multifamily Residential 3 Commercial to 150,000 sq. ft. 3 Commercial greater than 150,000 sq. ft. 5 All"Fast Track"projects As agreed upon written acceptance of project. Fire Protection Systems 3 1\Legal'sharefiles\Com Dev1BIdg Safety\Contracts\Madara Engineering\Prof Services 070606.doc " 4 � .1!: ;, `��`' .44AA •ter R 0 • f'.s f 'sem, ! s1., -- �:•,-. '-' o.'",•'-'4.46„,7:-.,,,-100:4-c.,,,fiv-IL .'", —• ' ' v -.44,"1, , ,fy�� "' � • ^'Spy s,, -- .' - MAD Engineering, ,�a � ��,.1-4,1141-14”yls 4545 E. Shea Blvd. Suite 207, Phoenix, AZ 85028 t qq.... _ app ,,... { -- — .' . , _ . ., - ... , - , A -‘0,~r7- i' 4.w ,14 + w•� i�" • s '171,,.' '..- ::-.4' 7 ki i• STATEMENT of cii QUALIFICATIONS and EXPERIENCE for TOWN of Engineering .Inc h�tAD ARA , EXPERIENCE AND QUALIFICATIONS OF FIRM MADARA Engineering, Inc. maintains a current listing as a Structural Engineering Firm with the Arizona State Board of Technical Registration. All services are provided under the professional supervision of Mira Todorova, Structural Engineer. The Firms founders, Mr. Michael Hundley and Mrs. Mira Todorova, have established themselves as outstanding customer oriented code consultants in previous assignments for multiple jurisdictions throughout the Southwestern United States and have long-standing relationships with Cities and Towns throughout Arizona and Nevada. Both founders either personally perform, or internally review and coordinate, all plan review projects. This hands on approach by the management team insures both the quality and timeliness of review service. All projects assigned to MADARA Engineering have either been completed early or on time. Comprehensive plan reviews are delivered in a timely manner by an efficient and capable staff of Professional Engineers and Certified Plans Examiners. Working together, each plan review discipline is integrated in a coordinated effort to provide our clients with reliable and trained manpower capable of supporting all requests for services. Whether a single family residence, structural revision or a major project full review, the firm approaches each plan review assignment with the same degree of professionalism and diligence, following the policies and procedures established -gaol by the jurisdiction. The experience of the firm is evident in the way that the services are provided and it is that experience that has allowed the firm to identify and provide the key elements that a jurisdiction seeks from its Building Safety Consultants. These elements are correctness of comments, completion on schedule and comprehensive communications. MADARA Engineering, Inc. is proactive in maintaining communication with its jurisdictional clients during the review process. All correction reports are typically presented in letter form. The correction comments include the applicable code reference sections to further guide the designer to the origin of the comment and allow them to further research the cited code text. We work closely with clients and designated project contacts throughout the review and approval period. Our review staff is available at any time during the business day to talk or meet with jurisdictional personnel, permit applicants, project contacts and designers. Meetings with MADARA Engineering, Inc., can be arranged on short notice to address plan review scheduling or work toward resolution of code concerns related to assigned projects. • MADARA Engineering, Inc: bqksior EXPERIENCE AND QUALIFICATIONS OF TEAM The MADARA Engineering staff has a broad background in previous contract plan review assignments in both municipal and private sector employ during the last two decades that includes standard, expedited and fast track phased submittal plan review processing and deferred submittal approvals for •Hotel/Resort Developments • Regional Malls •Detention Facilities • High-rise Buildings •Educational Buildings • Offices Developments • Public Assembly Buildings • Retail Sales • Single Family Housing Projects • Multi-Family Projects Through an experienced staff of Registered Professional Engineers and Certified Plans Examiners model code enforcement plan review service is available for the following disciplines. • •Grading and Drainage • Structural • Planning and Zoning • Plumbing/Mechanical • Architectural/Fire and Life Safety • Energy Conservation • Accessibility • Electrical Company education policies mandate that staff members keep themselves informed and on top of newly developing code requirements while remembering the historical basis established by previous code requirements. The team is proficient in the application of the various editions of the Uniform Codes from 1982 to 1997 editions, as well as the 2000, 2003 International Codes. The superior credentials of our staff are evident upon review of each members work experience biography/resume. The following biographies also reflect each team members Code Certifications, Professional Registrations, hands on design and plan review experience. s • MADARA Engineering, Inc. " TO DO RO VA P.E. BIOGRAPHY of ST , EXPERIENCE: Mrs. Todorova serves Madara Engineering Inc. in the capacity of Structural Plan Check Engineer and as Principal performs and supervises all structural plan review. Her background includes prior municipal structural plan review experience while working with outsourcing consultants as well as practical structural engineering experience gained in the design profession. Mira was previously employed by BJY Inc. and GP Engineering as a structural plan reviewer responsible for the lateral and gravity design of wood, masonry, reinforced concrete and steel structural systems. Prior to becoming a co-founder of MADARA Engineering Inc. her structural background included over five years design responsibility developing structural engineering calculations and structural drawings for private and public owned buildings. Projects ranged from historic structure renovations and residential developments to various single and multi-story commercial projects. Mira's design experience has given her a strong working knowledge of the industry design standards that are incorporated into the current model codes. Prior code enforcement plan review experience includes reviewing building permit submittal construction documents for compliance with the structural provisions of the Uniform Building Code and International Building Code. While working in both the design profession and code enforcement environment Mira has acquired proficiency in the use of computerized structural analysis software and computer programming, their modeling limitations and output formatting for project submittals predominantly documented using structural analysis computer programs. EDUCATIONAL BACKGROUND: Master Degree Structural Engineering Architecture and Civil Engineering Institute, Sofia, Bulgaria LICENSES: Registered Professional Engineer - Structural, Arizona#39567 MEMBERSHIPS: American Society of Civil Engineers Structural Engineers Association of Arizona • • " MADARA Engineering, Inc. BIOGRAPHY of MICHAEL S. HUND LEY, B.S. EXPERIENCE: Mr. Hundley brings 16 years of diverse hands-on code enforcement experience and serves as Vice-President of MADARA Engineering Inc. He started his career as a Construction Code Specialist with the City of Kansas City Missouri, where his duties included combination inspection responsibilities of residential projects, new and rehabilitated high rises and commercial projects including smoke control, stair pressurization and high rise life safety component testing. After leaving the City of Kansas City Missouri, Mr. Hundley joined the City of Apache Junction, Arizona as Plans Examiner/Commercial Field Inspector. He interpreted and enforced the Building Construction and Zoning Codes as a Multi-Disciplined Building Inspector/Plans Examiner for this community as well as communicated deficiencies and resolved problems with plans and field installations to Engineers, Architects, Contractors and Citizens. Mr. Hundley's most recent employment prior to joining Madara Engineering Inc. was serving as Building Safety Division Manager with GP Engineering and Wilidan Associates. Over the course of 16 years, Mr. Hundley developed his professional skills in the process of performing Building, Plumbing, Mechanical and Electrical Code reviews for various projects ranging from residential structures, office buildings, warehouses, restaurants, stadiums, schools, hospitals, convention centers, casinos, malls, hazardous occupancies and high rises. He obtained Building Department management experience by conducting Building and Zoning Department inspections, code enforcement, budgeting and monthly reporting functions for the City of Litchfield Park, Arizona, and the Town of Queen Creek, Arizona. Mr. Hundley also played a key role in the establishment of the first Building Safety/Zoning departments of these jurisdictions and served 2-1/2 years as interim Building Official for the Towns of Fountain Hills and Payson, Arizona. EDUCATIONAL BACKGRO UND: Kansas State University, B.S. Degree in Construction Science CERTIFICATIONS: ICBO Certified Plans Examiner, No. 22075 ICBG Certified Building Inspector, No. 20616 ICBO Certified Plumbing Inspector, No. 43808 NATIONAL.CERTIFICATION PROGRAM FOR CONSTRUCTION CODE 1NSPECPORS: Passed Examinations for Plans Examiner of Building Safety, Plumbing and Fire Protection Systems Passed Examinations for Inspector of Building Safety, Plumbing, Fire Protection and One and Two Family Combination Provisions Arizona Bridge to Independent Living Accessibility/Usability Specialist MASONRY QUALITY CONTROL COMMITTEE Qualified Inspector of Structural Masonry MEMBERSHIPS: Az. Chapter of the International Conference of Building Officials MADARA Engineering,Inc .. B[OGRAPHY of MARK A. GREEN,P.E. Nus$10 EXPERIENCE: Mr. Green serves MADARA Engineering, Inc. as an additional resource primarily for complex Plumbing, Mechanical, Energy Code Plan Review assignments and is frequently utilized for expedited plan reviews due to his extreme efficiency and accuracy in evaluating plans for their code violations and his ability to pinpoint and comment on what is not present in the construction documents. Mr. Green's plan review skills were developed by performing over 9 years of plan review for Santa Maria, California and the last ten years with the City of Phoenix, Arizona as an ICBO/ICC Certified Building Official, Building Plans Examiner and Building Inspector. Mr. Green is also able to assist in the Architectural Life Safety plan review and this knowledge of the Building Code is invaluable in coordinating the Plumbing/Mechanical aspects of a project with the Building Code. Mr. Green performs all Energy Code Compliance Reviews due to his extensive background in Solar Design and his 20 years of experience in the Energy Conservation plan checking aspects of the Model Codes. EDUCATIONAL BACKGROUND: BACHELOR OF SCIENCE California Polytechnic State University Environmental Engineering ENVE is 50% Civil and 50%Mechanical Engineering -wood COLLEGE STUDIES DeAnza College Computer Science REGISTRATION AND CERTIFICATIONS: I.C.C. and C.A.B.O. Certified Building Official, (#0810823-CB; #3309). I.C.B.O. & I.C.C. Certified Building Inspector, (#74173; #0810823-10, #0810823-01) I.C.B.O. & I.C.C, Plans Examiner (#36185) and Mechanical Inspector(#0810823-44& -40) I.A.P.M.O. Certified Plumbing Inspector. (#097169) Arizona Registered Professional Mechanical Engineer, Arizona (29480), California(M25409) MEMBERSHIPS: International Conference of Building Officials. (I.C.B.0.) International Association of Plumbing and Mechanical Officials. (I.A.P.M.O.) American Society of Mechanical Engineers. (A.S.M.E.) American Society of Plumbing Engineers. (A.S.P.E.) American Society of Heating, Refrigeration and Air Conditioning Engineers. (A.S.H.R.A.E.) American Solar Energy Society, Arizona Chapter. (A.S.E.S.) s MADARA Enginpering, Inc. BIOGRAPHY of JOEL A. RENCSOK, P.E. EXPERIENCE: Joel Rencsok supports MADARA Engineering in the capacity of Electrical Plan Check Engineer. He has over 30 years national and international experience in the electrical field. Of those years, over 25 years has been in construction, design, and plan review for commercial, industrial, institutional, and various other electrical projects. He was employed with the City of Phoenix as an Electrical Plans Engineer and Field Electrical Inspector for 19 years. While employed at the City of Phoenix he was directly involved with and responsible for examining complex electrical plans to assure compliance with City codes prior to approval for building permit and interfaced with the electrical inspector's on complicated plans. His experience also includes design of electrical systems for commercial and industrial buildings and all facets of selection and purchasing of related equipment and components; coordination and active participation with utilities, architects, engineers, and all levels of management regarding design, technical troubleshooting and analysis of various electrical applications. LICENSES: Registered Professional Engineer- Electrical, Arizona#17032 CERTIFICATIONS: Certified Electrical Inspector I.B.C.O. p I.A.E.I. Certified Electrical Plans Examiner I.A.E.I. Certified General Electrical Inspector I.A.E.I. Certified Residential Electrical Inspector C.A.B.O. Certified Building Official MEMBERSHIPS: International Association of Electrical Inspectors International Conference of Building Officials Institute of Electrical & Electronics Engineers Underwriters Laboratories Electrical Council National Fire Protection Association—Electrical Section Presently Member of the City of Scottsdale Building Safety Advisory Board MADARA Engineering, Inc. BIOGRAPHY of PATRICK N. DAVIS, C.B.L -41000 EXPERIENCE: Mr. Davis will serve MADARA Engineering Inc. in the capacity of Supervisor of Inspections and is responsible for performing inspections as well as residential and light commercial plan review. Patrick's construction experience started with positions in the concrete and masonry trade, and after obtaining college level training in inspection and construction code applications, he secured a position with a consulting engineering firm performing multi- disciplined residential and light commercial inspection which in 1991 allowed him to obtain the necessary experience to then be employed by the Town of Fountain Hills. After two years as a field inspector, Mr. Davis obtained the Building Official position in the rapidly expanding community of Fountain Hills, where it was necessary to perform inspections as well as oversee the Building Safety Department operations. Mr. Davis took the lead inspector position on all major commercial projects in Fountain Hills, for projects that included a ten acre assisted living and skilled nursing facility, a community center, Target Retail Shopping Center, Fry's Grocery store, several large apartment complexes and three golf/resort clubhouses. Currently Mr. Davis performs multi-disciplines commercial and residential inspections as well as performing plan review activities for the firm. EDUCATIONAL BACKGROUND: Glendale Community College -Building Inspection Technology, Building Codes and g Blueprint Reading, Construction Estimating, Honors List NesiO Phoenix ix College- Applied Plumbing/Mechanical Codes. Applied Electrical Codes CERTIFICATIONS: ICBO Certified Building Inspector, No. 48808 ICBO/IAPMO Certified Plumbing Inspector,No. 095329 ICBO/IAPMO Certified Mechanical Inspector,No. 59240 ICBO Certified Accessibility/Usability Specialist, No. 0861636-15 MEMBERSHIPS: Arizona Chapter of the International Conference of Building Officials Central Arizona Chapter of the International Association of Electrical Inspectors MADARA erin: ., Inc. BIOGRAPHY of JAN FONTANA EXPERIENCE: Ms. Fontana will support MADARA Engineering Inc. through Kay Consulting as Fire Code Plan Reviewer. Her background includes prior employment with the Office of the State Fire Marshal, Department of Building and Fire Safety, State of Arizona. Checked public and private facility construction documents for conformance with adopted codes and standards. Prepared technical reports and hazardous materials inventory statements for state owned facilities; developed and evaluated equivalent protection alternatives; and conducted technical and analytical reviews relating to new and existing fire protection systems, fire alarm systems and industrial processes. Managed Deputy Fire Marshal I positions to insure timely and accurate review of public and private construction documents and fire protection systems submittals as required by Arizona Revised Statutes (buildings built with public funds and private outside of areas with established, nationally recognized codes). Emergency Services Supervisor/Planner, Division of Emergency Services, Department of Emergency and Military Affairs, State of Arizona. Conducted site, structural and architectural document reviews of public and private facilities to determine suitability for emergency shelter. Assigned protection factors based on construction features and Federal Emergency Management Agency directives. EDUCATIONAL BACKGROUND: Arizona State University. Undergraduate. Under raduate and Graduate studies in Materials Science Engineering Electronic Communications Cryptographic Systems Equipment Repair Certificate of Training- U.S. Air Force Phoenix College - Certificate -Electronics Technology Graduate of the Emergency Management Institute,Emmitsburg, MD. National Fire Academy, Emmitsburg, MD; Basic Fire Prevention Inspections, Building Construction for the Fire Services, Hazardous Materials, Plan Review for Inspectors, Managing the Code Process. Phoenix College -Building Inspection& Construction Technology Rio Salado College - Computer operating systems, Management Phoenix College - Accounting, Computer applications and programming. CERTIFICATIONS: International Fire Code Institute Uniform Fire Code Inspector- Certification No. 0886756-65 International Conference of Building Officials Plans Examiner Certification-No. 0886756-60 MEMBERSHIPS: International Fire Code Institute National Fire Protection Association .- • MADARA RA Engineer mg. Inc. REFERENCES The following is a partial listing of jurisdictional references, who are familiar with the performance, professional quality and work ethic provided by Mr. Michael Hundley and Mrs. Mira Todorova, the founders of MADARA Engineering, Inc. TOWN OF PARADISE VALLEY, ARIZONA Mr. Hamid Arshadi, Building Official (480) 948-7411 CITY OF KINGMA-N, ARIZONA Mr. Jim McErlean, Senior Plans Examiner (928) 753-8123 APACHE COUNTY,ARIZONA Mr. Homer Rogers, Building Official (928) 337-4364 CITY OF MESQUITE, NEVADA Mr. Kurt Sawyer, Building Official (702) 286-8320 The list below contains a sampling of completed plan review projects showing the staff's diversity. Projects include full and partial discipline review assignments covering both residential and commercial developments as well as major construction projects processed by phased, multiple plan submittal permitting. SCHOOLS & EDUCATIONAL FACILITIES • Alpine Elementary School-Apache County, Arizona • Sanders Middle School-Apache County, Arizona ASSEMBLY AND PUBLIC USE • Paradise Valley Country Club, Fitness Building, Club house, and Tennis- Building Paradise Valley, Arizona • Eagar,Arizona, Round Valley Domed Stadium INSTITUTIONAL FACILITIES • Mohave County DUI Facilities-Mohave County, Arizona • Fountain Village Senior Living Center-Fountain Hills, Arizona BUSINESS AND SPECIAL USE • Wal-Mart SuperCenter- Kingman, Arizona • Home Depot-Kingman, Arizona MADARA Engineering, Inc. (low RESOURCES TO COMPLETE SERVICES MADARA Engineering's greatest resource is experienced personnel. The firm offers a project manager that has over 18 years of experience performing outsourced plan review for numerous jurisdictions. The review team's current level of effort can easily accommodate all requests for service from Town of Oro Valley. By employing professional career plans examiners that enjoy the challenges of completing all plan review assignments with in the available time frames there is no need for the firm to utilize remote office personnel resources. MADARA Engineering's support resources include reference books, personal computers and a team of code experts that has experience with practically every code recognized occupancy and type of construction. MAD ARA Engineering maintains a comprehensive library of the previous and most current Uniform and International construction codes, reference standards, handbooks, training manuals and commentaries to assist in a complete researching of a particular issue prior to issuance of a regulatory comment. Other resources are obtained electronically via the internet romoor when necessary. Additionally, the firm is a Corporate Member of the International Code Council (I.C.C.) which allows us the opportunity to seek second opinion when necessary. The firm has established an electronic in house plan review log that reflects every projects starting and required completion dates. This tracking tool allows for daily confirmation of the due dates and assigned personnel for each project and is used to manage personnel resources to insure timely completion. INSURANCE MADARA Engineering, Inc. maintains General Liability and Professional Liability/Errors and Omissions insurance coverage in the amount of$1,000,000.00 per occurrence and annual aggregate as well as those required by State and Federal employment laws. Appropriate certificates of insurance will be supplied as evidence of coverage prior to commencement of any work. 11�iADARAEngineering, c .0d CON FLICT OF INTEREST1 MADARA Engineering, Inc. does not provide design services for private clients and only serves governmental entities. This exclusive position insures there should never be a professional conflict. It is understood that submittal of this proposal and any resulting contracts shall not be in violation of the requirements of Arizona Revised Statues Section 38-511. COMPENSATION FOR SERVICES For plan review checking efforts involving the initial review and first recheck the fees are computed at a rate equal to 75% of the Building Permit Plan Review Fee defined by the Town. This fee is based upon a maximum 10 working day turn around for projects not exceeding a valuation 150,000 square feet. Larger projects shall be reviewed within a 10 to 15 working day period in most cases. Partial plan review responsibilities for a particular plan set, unless modified by negotiation for special cases, will be established using the following percentage of g o normal review fee described above: Architectural 40%, Fire Code 30%, Structural 50% and 25% for either Plumbing, Mechanical or Electrical. Additional plan reviews involving changes in the scope of work, revisions or reviews which cycle beyond the first recheck would be subject to additional plan review fees. For these occurrences, compensation is determined on a mutually agreeable hourly rate. \VAI LABILITY The staff at MADARA Engineering, Inc. is currently available and ready for plan review assignments of any size or type. The firm maintains telephone, facsimile, electronic mail and pick up/delivery services to aid in speedy communication efforts and our local staff members are available for face to face meetings regarding past, present and future projects. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 16, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Robert Jacklitch Project Manager, Oro Valley Water Utility (OVWU) Philip C. Saletta, P.E. Director, Oro Valley Water Utility SUBJECT: Resolution No. (R) 06-63 A Resolution of the Mayor and Council of the Town of Oro Valley, County,Pima Count , Arizona Authorizing and Approving the Potable Water System Master Plan 2006 Update for the Oro Valley Water Utility. SUMMARY: At the Water Utility Commission meetingheld July 20, 2006 Water Utility Staff and Westland Resources, Inc. presented the Utility's Potable Water System Master Plan 2006 (MP). The presentation included several key elements: • Existing water system evaluation • Future potable water system projections • Infrastructure needs • Cost estimates and schedule for 10 years The primary goals of the MP are to evaluate the existing potable water system, identify system improvements, to project future demands and infrastructure requirements. Water demands and additional infrastructure was determined based upon the approved 2005 General Plan including the proposed future annexation of State Lands to the Pinal County Line. Future infrastructure upgrades and timingwill be based on growth projections and new source water pg either from wells or future CAP water delivery. Although the plan is compatible with the delivery of CAP Water in the future, it does not include estimated costs related to the treatment and delivery of CAP Water from the CAP Canal to Oro Valley. These costs will be studied in the future. The MP also guidelines policy and design n for new capital infrastructure improvements. The MP also addressesolic and design guidelines for new capital infrastructure improvements. p Y g The report consists ofan executiveand seven chapters. The master plan executive summary summary discusses changes the Utility has experienced since the last plan was adopted three years ago. The first chapter discusses keyissues, identifies planning horizon, water service area, water resources, existing systemimprovement, im rovementcapital expenditure and timing. The remaining chapters give more detail regarding theanalysispotable of the water system and the specifics of projects to be implemented. FISCAL IMPACT: Thereassociated in adopting the Potable Water System Master Plan 2006. is no fiscal impact p g Nir iowever, the policies, guidelines and projects contained in the report will set the direction for required Water infrastructure improvements. Although the MP provides direction for projects to be implemented, the actual design and construction of the proposed projects will be approved annually as part of the Water Utility Budget. Chapter 6 outlines the capital improvements for both the existing and future requirements. Improvements to the existing system are estimated at $16.0 million, and the expansion related costs at $26.3 million through build out for a total cost of $42.3 million. Table 18 lists the proposed projects and schedule with estimated costs for the next 10 years. WATER UTILITY COMMISSION RECOMMENDATIONS: The Oro Valley Water Utility Commission respectfully recommends Mayor and Council approve the Potable Water System Master Plan 2006. STAFF RECOMMENDATIONS: Staff respectfully recommends Mayor and Council approve the Potable Water System Master Plan 2006 through the attached Resolution (R) 06- 63 ATTACHMENTS: EXHIBIT #1 Resolution No. (R) 06- 63 EXHIBIT#2 Potable Water System Master Plan 2006 SUGGESTED MOTION: The Mayor and Council may wish to consider one of the following motions: I move to approve Resolution (R) 06 -63 A Resolution of the Mayor and Council of the Town of Oro Valley, Pima County, Arizona Authorizing and Approving the Potable Water System Master Plan 2006 Update for the Oro Valley Water Utility. Or move to i' -e- fr.A.4 Pr 'ect Ma :ger W- -r tray Direc.• Town Manag-r tar EXhI 1L1 1 ,k,t.EY A a�. • ,, f,t t;C;;'t t M• /' • ill '" ,+► '" �-n. v_. �, Y f-•yds• A 40602U O .•... ...,rv ,�xh. ..r r. • Resolution RESOLUTION NO. (R) 06- 63 -god A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA AUTHORIZING AND APPROVING THE POTABLE WATER SYSTEM MASTER PLAN 2006 UPDATE FOR THE ORO VALLEY WATER UTILITY. 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 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 boundaries pursuant to A.R.S. 9-511, et seq.; and WHEREAS, on September 3, 2003, Council adopted Resolution No. (R) 03-75, adopting the Water Utility Potable Water Master Plan 2003; and WHEREAS, based upon the Town's growth, the Town needs to update the Water Utility Potable Water Master Plan from time to time to include changes in modified growth projects, annexations, acquisitions of Tucson Water services areas and implementation of reclaimed water delivery and distribution system; and WHEREAS, in November 2005, Council approved a contract with Westland Resources, Inc. to update the Potable Water System Master Plan 2003; and WHEREAS, included in the services to update the Water Utility Potable Water Master Plan, Westland Resources will provide a complete review to verify or modify the capital improvement schedule for use in future budgeting and associated impact fee implementation; and WHEREAS, it has been determined that it is in the best interest of the Town to adopt the Potable Water System Master Plan 2006, necessary for the improved operation of the Town's Water Utility and improved service to the landowners within and without the boundaries of the Town. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Potable Water System Master Plan 2006 (attached hereto as Exhibit 2) is approved and replaces the Potable Water System Master Plan 2003. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Potable Water System Master Plan 2006. Megal\sharefiles\Water Utility\Mise\Potable Water-E®uent\Potable Water Master Plan 2006.doc Office of the Town of Oro Valley Attorney/ea/071806 BE IT FURTHER RESOLVED that a copy of the Potable Water System Master Plan 2006 be kept on file in the Office of the Town Clerk. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 16th day of August , 2006. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Melinda Garrahan, Town Attorney Date: \\Legal\sharefiles\Wats Utility\Misc\Potable Water-Effuent\Potable Water Master Plan 2006.doc Office of the Town of Oro Valley Attorney/ca/071806 EM-1113 IT 2 t----...,,,,,,:-. 1e...•;,,,,N 0 : ,.4 .cliiiiicz:;;;;4,6;tilisr, 44 i'• l'1'4--% . ,, :::,,,...,J.4".;...........7'.(?;....'::,,,'•..;,.i..:-..,..,:ii*,.47.4 ,.,4CZLi..,,,,,,,,,,V,6....::‘;':":4:';'''';:Yi..*,t57:'!•417).. 0 --%''''',,- ....i.:'',.,....4").•;::-.1:.-''''';'',11,V .i.... ' ta_3- i ,;.' •:',,?.1..,t,,':'.,:.•=4 .;'•t.17 ' v'x'''ci"i.:,,r:--1,:x?!'..::..1-m,z•i'i Aew:-...r,1 N." .1 ..,_:.14\-•!?,:,,,,,„#r„.,. .... ,:ittemeo,„?'";;;:,...- '...:.':•,'—'''' ir. i,, ,,i.,,...„:;:. •••,'-'7Y-4, 14.001 1 Pc 1—OuND ED ' Water Potable System Master Plan 2006 I 1 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 16, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: David Andrews, Assistant Town Manager SUBJECT: Resolution No. (R) No. 06-64, A Resolution Approving the Final Memorandum of Understanding (MOU) Corrected Attachment A: 2006-2007 Oro Valley Police Department Step Pay Plan SUMMARY: On July 19, 2006, the Town Council approved the Final Memorandum of Understanding (MOU) between the Town and the Public Safety Employees Group for FY 2006/07. Included as an attachment to that MOU was an incorrect Attachment A: 2006-2007 Oro Valley Police Department Step Pay Plan. The incorrect Step Pay Plan had included an additional 3% cost of living adjustment (COLA) on top of the step amounts for Police Officer, Lead Officer, Detective and Sergeant, which already had a 3% COLA included. This error was graciously called to our attention by representatives of the Public Safety Employees Group. Attached for your approval tonight is the Resolution with the revised Step Pay Plan (with the additional 3% COLA removed) that was mutually agreed upon by the Public Safety Negotiation Committee and the Public Safety Employees Group. This is the same Attachment A which was approved on April 19, 2006. It is important to note that when the new Step Pay Plan amounts were implemented in July, the correct step amounts were used, therefore, no financial implications were involved in this error. ATTACHMENTS: 1. Resolution No. (R) No. 06-64 SUGGESTED MOTION: I move to approve Resolution No. (R) No. R-06-64, repealing Resolution No. (R) 06-54, and approving the Final Memorandum of Understanding (MOU) between the Town and the Public Safety Employees Group for FY 2006/07. or I move to . . . TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 August 16, 200E 0(144:1). David L. Andrews Assistant Town Manager Chuck Sweet Town Manager RESOLUTION NO. (R) 06 - 64 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, REPEALING RESOLUTION NO. (R) 06-54, AND ENTERING INTO AN AMENDED MEMORANDUM OF UNDERSTANDING BETWEEN PUBLIC SAFETY EMPLOYEES AND THE TOWN OF ORO VALLEY PURSUANT TO CHAPTER 4, SECTION 4-1-8 OF THE TOWN CODE, PUBLIC SAFETY EMPLOYEE RELATIONS AND PROCESSES WHEREAS, the Town of Oro Valley is committed to the development and continuation of harmonious and cooperative relationships with all of its employees; and WHEREAS, the Town recognizes the right of public safety employees to join employee associations which comply with the laws of Arizona and to present proposals and testimony to the Town Council, and not to be discharged, disciplined or discriminated against because of the exercise of those rights; and WHEREAS, the continued smooth operation of the Police Department is of great benefit to the residents of Oro Valley and the general public; and WHEREAS, in 2004 the Town Council adopted Ordinance No. (0) 04-28 which enacted Town Code Chapter 4, Section 4-1-8, Public Safety Employee Relations and Processes, establishing a meet and confer process for public safety employees and the Town; and It* WHEREAS, the Memorandum of Understanding, attached hereto as Exhibit "A", was negotiated between the Public Safety Negotiation Committee and the Town's Management Negotiation Committee, in accordance with Chapter 4, Section 4-1-8, Public Safety Employee Relations and Processes; and WHEREAS, Resolution No. (R) 06-54, adopting the Memorandum of Understanding was approved on July 19, 2006; and WHEREAS, Attachment A of Resolution No. (R) 06-54, 2006-2007 Oro Valley Police Department Step Plan, of the Memorandum of Understanding was not accurate. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Town of Oro Valley, Arizona that Resolution No. 06-54 is hereby repealed. BE IT FURTHER RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Memorandum of Understanding with the amended Attachment "A" between the Town of Oro Valley, Arizona, and Public Safety Employees is hereby approved. BE IT FURTHER RESOLVED that it shall be effective through June 30, 2007. \\Legal\sharefiles\Police\Misc\Public Safety Employee Processes\Public Safety Employees&Town MOU.doc Town of Oro Valley Attorney's Office/ea/080406 PASSED AND ADOPTED by Mayor and Town Council of the Town of Oro Valley, Arizona, this 16th day of August , 2006. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney \\Legal\share51es\Police\Misc\Public Safety Employee Processes\Public Safety Employees&Town MOU.doc Town of Oro Valley Attorney's Office/ea/080406 EXHIBIT "A" MEMORANDUM OF UNDERSTANDING OQ- - - TOWN OF ORO VALLEY r11000 N.LA CANADA DRIVE ORO VALLEY,ARIZONA 85737 1 Administrative Offices(520)229-4700 Fax(520)297-0428 � www.townoforovalley.corn -44 ° ND ED' MEMORANDUM OF UNDERSTANDING BETWEEN PUBLIC SAFETY EMPLOYEES AND THE TOWN OF ORO VALLEY FOR THE PERIOD JULY 1, 2006 TO JUNE 30, 2007 This Memorandum of Understanding exists between the Town of Oro Valley and the Public Employee Group SafetyEm to ee as provided for in Town of Oro Valley Ordinance (0) 05- 44. We recognize the primary interest of all parties is to provide excellent service through partnerships that build trust, prevent crime and promote a safe environment to p p enhance theualit of life within our community. This Memorandum addresses the fact q Y that the Town strives to provide for working conditions, wages and benefits in a consistent manner for all Town employees, as outlined in the Town of Oro Valley Personnel Policies and Procedures effective January 2005, while recognizing that there are additional considerations related to specific job positions. This Memorandum of Understandingwill address those considerations and/or clarifications as they pertain to job positions of the Public Safety Employee Group. Compensation Police officers, police officers assigned as lead officers, detectives, sergeants, dispatchers, dispatchers assigned as lead dispatchers, communications supervisors, records specialists, records supervisors, property forensics technicians, and lead information technician/forensic technicians are compensated pursuant to a Step Pay Plan (Attachment A) as approved by the Town Council for each fiscal year. These members, whose annualp erformance appraisals are approved by the Chief of Police, and whosePP erformance appraisals indicate a "meets" or "exceeds expectations" in the p summaryof all factors, will be compensated at the next higher step plan rate for the position as approved by the Town Council for fiscal year 2006/07. Office assistants, office specialists, receptionists, crime analysts, senior office , specialists, public information officers, and police administrative service managers are ppursuant compensated to Town of Oro Valley Personnel Policies and Procedures,Policy 6-Classifcation Policy 12-Compensation and Policy 13-Pay Adjustments .These members receive annual merit increases based on the summary of all factors rated in annualperformanceapproved reviews a roved by the Chief of Police in accordance with the Town of Oro Valley Merit Increase Guidelines (Attachment B) and the list of Job Classifications in Alphabetical Order detailing salary ranges (Attachment C) as such merit increases have been approved by Town Council for fiscal year 2006/07. Public Safety MOU thru 063007.doc 1 Members assigned as motor officers, D.A.R.E. officers, school resource officers and canine handlers will be compensated with an additional $40 per week ($80 per bi- weekly pay period) "special assignment" pay. Additional assignments may be included for assignment pay at the direction of the Chief of Police. Police officers assigned as investigators in the Detective Unit of the Oro Valley Police Department will be compensated at the detective pay rate commensurate with the step reached through years of service as police officers. Detectives and police officers assigned as investigators in the Detective Unit of the Oro Valley Police Department will receive annualperformance reviews and compensation step increase consideration based on the anniversary date of their assignment as sworn police officers. Police Officers assigned as Field Training Officers will be compensated with an additional $40 ($80 week er per bi-weekly pay period) "special assignment" pay during P theeriod theyare actively involved in the field training phases of officer(s) in field p training. Members will receive additional on-call pay at a rate of$1.00 per hour in accordance with Town of Oro Valley Personnel Policies and Procedures, Policy 30-On-Call and emergency Call—Out Pay. Members will receive shift differential pay at a rate of$.80 per hour for regular scheduled hours worked between the hours of 1800 and 0600 hours. It is the member's 11111111, responsibility to indicate hours subject to shift differential on payroll time sheets when p Y the time sheets are submitted. If a member works a shift that includes hours subject to shift differentialPaY as a result of a shift trade with another member, the member who was scheduled to work that time will receive the shift differential pay. Members must keep this in mind when they work out a shift trade with another member. Members will be compensated with overtime pay at a rate 1.5 times their regular hourly rate or accrue compensatory time pursuant to Town of Oro Valley Personnel Policies and Procedures, Policy 14-overtime. Paid leave time may be considered part of a member's normal work period for the calculation of overtime compensation as long as the paid leave time is not the same shift day as that for which overtime compensation is requested. However, if the member was called out during hours other than the q member's regular hours of work on a day where paid leave time was used for normal 9 work hours they may receive overtime compensation for the time worked related to the call out. Members who are called into work during hours other than the member's regular hours and/or days of work shall be compensated by two hours of overtime or the actual time spent workingwhichever is greater. If the member is called into work within 60 minutes of the completion of the member's normal work period, the member shall be compensated for overtime from the end of his or her normal work period until the member completes the assignment, is no longer required, or goes off-duty. If a member's normal workP eriod begins within the two hour period of being called into the duty, the overtime shall be compensated from the call in time to the beginning of h Y� normal work period. Public Safety MOU thru 063007.doc 2 Members who are required to attend any pretrial hearing, Motor Vehicle Division hearing, civil or criminal trial to carry out the member's departmental duty during hours other than the member's regular hours and/or days of work shall be compensated by three hours of overtime or the actual time spent in attendance, whichever is greater. If the attendance is required within 60 minutes of the member's normal work period, the member shall be compensated for overtime from the end of his or her normal work period to the end of the required appearance. If a member's normal work period begins within the three hour period of a required appearance, the overtime shall be compensated from the appearance time to the beginning of the normal work period. Members who are required to attend additional hearings or trials in one day shall not receive a second minimum 3-hour period of overtime compensation unless the additional appearance is required more than 60 minutes from the end of the three hour PP period or release from previous required appearance, whichever is later. Members in certified peace officer positions, dispatchers, dispatchers assigned as lead dispatchers, communications supervisors, and forensic technicians will be compensated P for a 30 minute meal period as part of their regular work period as long as these members remain available to immediately respond to provide service when necessary during the meal period. Work schedules Members' work week will remain flexible and assigned by Department management to best meet the needs of the Town. Job descriptions are available for all members' positions; these descriptions may further define work schedules. Work schedules for uniformed patrol assignments will be four consecutive days of ten hours with a regularly scheduled minimum of ten hours rest period between shifts. Adjustments to the regular work schedule may be made by supervisors to address court appearances, training requirements, deployment shortages, regular shift change conflicts, and other special needs of the member or department. The basic four consecutive days of ten hours scheduling for uniformed patrol assignments will only be changed through direction of the Chief of Police based on critical need to provide service. Retirement Benefits MemberseligibleSafety for the Public Personnel Retirement system (P.S.P.R.S. 20 year retirement plan for certified peace officers) shall contribute a percentage of their salary and the Town shall contribute an additional percentage of the member's salary as outlined in the Arizona Revised Statutes. Percentages may fluctuate annually depending on actions of the State of Arizona. P 9 Members who elect to "drop" in the Public Safety Personnel Retirement system receive an additional percentage contribution of the member's salary from the Town p g commensurate with the current rate of employer contribution for Arizona State Retirement System members (which percentages may fluctuate annually depending on actions of the State of Arizona) into a "457" deferred compensation plan for the member. Public Safety MOU thru 063007.doc 3 Members eligible for the Corrections Officer Retirement Plan (C.O.R.P. 25 year retirementplan for dispatchers, lead dispatchers and communications supervisors) • p contribute a percentage ercenta e of salary and the Town shall contributes an additional onal percentage e of the member's salary as outlined in the Arizona Revised Statutes. may Percentagesfluctuate annually depending on actions of the State of Arizona. g All remainingmembers will participate in the Arizona State Retirement System (defined benefit plan for all members not eligible for P.S.P.R.S. or C.O.R.P.) and shall contribute a percentage of salaryand the Town shall contribute an additional percentage of the member's salaryas outlined in the Arizona Revised Statutes. Percentages may depending fluctuateannuallyde ending on actions of the State of the member's salary. Uniforms and Equipment in certifiedpeace officer positions and forensic technicians will receive $1,200 Members annually (in quarterly payments of$300 after the first year of service because new forensic technicians) receive a $1,200 lump sum payment upon hire) to officers (and purchase and maintain uniforms, clothing and equipment sufficient to comply with OVPD Rules Chapter 12. in certified peace officer positions will receive a stipend toward the purchase a Members vest of their choice everyfive years. The vest must meet or exceed National ballistic Justice of Standards 0101.03 and 0101.04, "Ballistic Resistance of Personal top Body Armor. in certifiedpeace officerpositions will be issued a duty weapon, duty belt, Members chemical defense agent, baton, pocket recorder and duty belt accessories to carry equipment normally mall carried on the duty belt. Other specialty equipment may be issued to members as approved by the Chief of Police. peace a newly hired certified officer or forensic technician terminates employment with the Town of Oro an Valleyfor reason within the first 12 months after their date of hire, Y portion (calculated as a of days employed out of a total 365 a pro rated percentage calendar year days) original of the ori inal $1,200 uniform allowance advance will be owed to • the Town and shall be deducted from the employee's final paycheck. A member who receives uniform allowance and must spend over the $1,200 uniform year in any of service to maintain compliance with OVPD Rules & Procedures, for the repair replacement of uniforms, clothing, and equipment items p or or stolen in the performance of assigned duty without fault or negligence damaged, lost of the member shall be reimbursed bythe Town for those costs over $1,200 when documentation of the loss and additional costs are provided and the Chief of Police approves the reimbursement. yaw Public Safety MOU thru 063007.doc 4 Oro Valley Police Department Member Benefits In addition to the Member benefits described herein, there is a current list of Member benefits and/or working conditions provided through the Town of Oro Valley (Attachment D). Signed and dated: Public Safety Negotiation Committee: Management Negotiation Committee: _ /3 6/0, arol Wi Willett, Human Resources Analyst Wes Helvig • icer � dda anfvutu Q6.6 GL ��„g Lorinda Navarro, Crime Analyst Stacey Lem , Finance Director 4fzi/o 4, Bud. Novak, Detective Larry St ens, Comm. •er 111111041 . DittvtA 6: ) Bruce homas, Sergeant David Andrews, Asst. Town an ger Public Safety MOU thru 063007.doc 5 0)- O 0) - CO CO f?;I CO COW �// ^ L S>fr}Y CSV � LO - k; 0) )y} g LO CO N- 0) CO CO co .. .. � 1.11111 �. - 11111:1 • COCO W .61 La taco 6e- 3 W M tii filly cn ) ) � )' it .}y i t}4�� y1fi'}�i::4:'1012011 CO r- O C) "r`>%i C) 0) CO O CO N- V N- O_ ''��4,�ryX d Eft U Eft ff} (ft • Ef} Eft co illEgi 1 _ c co O co N- 'r- CO CO 0) O CO • • O) O N M COCL cp 0 LU LU �, d" d' co co Et (f) (f} a) ,0) O) O /) V' ,^ N- V, CO• ' CO CO MLO r' O })k'Js} ,�. Sk;1+SY CO- O O N M • 0) i^x YEA Q. `. 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N v) I,f) N N • r tt Attachment C FY 2006.2007 JOB CLASSIFICATIONS IN ALPHABETICAL ORDER Revised 6/28/06 (includes market adjustments and 3%COLA) CLASSIFICATION Salary Range Minimum 12nd Quartile j Midpoint 13rd Quartile j Maximum 1 JOB 1 Accountant _. 47 $35,709 $40,172 $44,635 $49,099 $53,563 Accounting Clerk 36 $27,215 $30,617 $34,019 $37,421 $40,823 Accounting Supervisor 65 $55,694 $62,656 $69,617 $76,579 $83,541 Administrative Assistant to Town Manager 49 $37,517 $42,206 $46,896 $51,585 $56,275 Assistant Pool Manager 30 $23,468 $26,401 $29,335 $32,268 $35,201 Assistant Town Manager 86 $93,541 $105,235 $116,928 $128,620 $140,313 Assistant Town Prosecutor 66 $57,086 $64,222 $71,357 $78,493 $85,629 Bicycle,Pedestrian&Trails Coordinator 48 $36,601 $41,177 $45,752 $50,327 $54,902 Budget&Management Analyst 58 $46,853 $52,710 $58,566 $64,423 $70,279 Building Administrator 73 $67,857 $76,339 $84,822 $93,304 $101,785 Building Inspector 50 $38,454 $43,261 $48,068 $52,875 $57,682 Building Inspector II 53 $41,411 $46,588 $51,764 $56,940 $62,117 Building Permit Manager 52 $40,401 $45,451 $50,502 $55,552 $60,602 Chief Building Inspector 60 $49,225 $55,378 $61,531 $67,684 $73,837 Chief Civil Deputy Attorney 75 $71,293 $80,204 $89,116 $98,027 $106,938 i Civil Attorney 66 $57,086 $64,222 $71,357 $78,493 $85,629 Civil Engineer 64 $54,335 $61,127 $67,919 $74,711 $81,503 Civil Engineering Designer 58 $46,853 $52,710 $58,566 $64,423 $70,279 Civil Engineering Technician 47 $35,709 $40,172 $44,635 $49,099 $53,563 Commercial Plans Examiner 57 $45,710 $51,424 $57,138 $62,852 $68,565 Community Development Director 82 $84,745 $95,338 $105,931 $116,523 $127,116 Construction Clerk 35 $26,552 $29,870 $33,189 $36,508 $39,828 Construction Inspector 51 $39,416 $44,343 $49,270 $54,197 $59,124 Construction Manager 62 $51,717 $58,182 $64,646 $71,111 $77,575 Court Administrator 52 $40,401 $45,451 $50,502 $55,552 $60,602 Court Clerk 36 $27,215 $30,617 $34,019 $37,421 $40,823 Courtroom Clerk 44 $33,159 $37,304 $41,449 $45,594 $49,739 Crime Analyst47 $35,709 $40,172 $44,635 $49,099 $53,563 Customer Service Representative(Library) 32 $24,655 $27,737 $30,819 $33,901 $36,983 Customer Service Representative(water) 36 $27,215 $30,617 $34,019 $37,421 $40,823 Customer Service Supervisor 44 $33,159 $37,304 $41,449 $45,594 $49,739 Database Analyst 63 $53,010 $59,636 $66,262 $72,889 $79,515 Deputy Town Clerk 50 $38,454 $43,261 $48,068 $52,875 $57,682 Development Coordinator 44 $33,159 $37,304 $41,449 $45,594 $49,739 Development Review Division Manager 75 $71,293 $80,204 $89,116 $98,027 $106,938 Development Technician 38 $28,593 $32,167 $35,741 $39,315 $42,890 Economic Development Administrator 75 $71,293 $80,204 $89,116 $98,027 $106,938 Economic Development Specialist 55 $43,508 $48,946 $54,385 $59,823 $65,262 Engineering Design Reviewer 58 $46,853 $52,710 $58,566 $64,423 $70,279 Engineering Division Manager 75 $71,293 $80,204 $89,116 $98,027 $106,938 Facilities Maintenance Technician 44 $33,159 $37,304 $41,449 $45,594 $49,739 Finance Director 82 $84,745 $95,338 $105,931 $116,523 $127,116 GIS Analyst 56 $44,596 $50,170 $55,745 $61,319 $66,893 Government&Com Relations Admstrtr 72 $66,202 $74,477 $82,753 $91,028 $99,303 Heavy Equipment Mechanic 47 $35,709 $40,172 $44,635 $49,099 $53,563 Heavy Equipment Operator 39 $29,307 $32,972 $36,636 $40,299 $43,962 Human Resources Analyst 53 $41,411 $46,588 $51,764 $56,940 $62,117 Human Resources Assistant 35 $26,552 $29,870 $33,189 $36,508 $39,828 Human Resources Director 79 $78,694 $88,530 $98,366 $108,203 $118,040 Information Technology Administrator 73 $67,857 $76,339 $84,822 $93,304 $101,785 Now Information Technology Technician 55 $43,508 $48,946 $54,385 $59,823 $65,262 Law Clerk 33 $25,273 $28,431 $31,590 $34,749 $37,909 $ Lead Transit Driver 37 $27,896 $31,383 $34,870 $38,357 $41,843 Lead Water Safety Instructor 24 $20,236 $22,766 $25,295 $27,825 $30,354 Lead Water Utility Operator 52 $40,401 $45,451 $50,502 $55,552 $60,602 Legal Assistant 44 $33,159 $37,304 $41,449 $45,594 Legal Secretary 39 $29,307 $49,739 $32,972 $36,636 $40,299 $43,962 Librarian 53 $41,411 $46,588 $51,764 $56,940 $62,117 Library Administrator 67 $58,513 $65,827 $73,141 $80,455 $87,769 Library Associate 38 $28,593 $32,167 $35,741 $39,315 $42,890 Library Page 22 $19,261 $21,669 $24,077 $26,484 $28,892 Lifeguard 18 $17,450 $19,631 $21,811 $23,993 $26,174 Magistrate Judge 82 $84,745 $95,338 $105,931 $116,523 $127,116 • Office Assistant 28 $22,337 $25,129 $27,921 $30,713 $33,505 Office Specialist 39 $29,307 $32,972 $36,636 $40,299 $43,962 Paralegal 49 $37,517 $42,206 $46,896 $51,585 $56,275 Park Monitor 30 $23,468 $26,401 $29,335 $32,268 $35,201 Parks&Recreation Administrator 73 $67,857 $76,339 $84,822 $93,304 $101,785 Parks Maintenance Crew Leader 44 $33,159 $37,304 $41,449 $45,594 $49,739 Parks Maintenance Supervisor 55 $43,508 $48,946 $54,385 $59,823 $65,262 Parks Maintenance Worker 30 $23,468 $26,401 $29,335 $32,268 $35,201 Planner 55 $43,508 $48,946 $54,385 $59,823 $65,262 Planning&Zoning Administrator 73 $67,857 $76,339 $84,822 $93,304 $101,785 Planning Technician 45 $33,988 $38,237 $42,485 $46,734 $50,982 Plans Examiner 55 $43,508 $48,946 $54,385 $59,823 $65,262 Police Administrative Services Manager 46 $34,838 $39,193 $4354747 $ ,902 $52,257 Police Chief 84 $89,035 $100,164 $111,293 $122,422 $133,552 Police Commander 77 $74,902 $84,264 $93,627 $102,989 $112,352 Police Lieutenant 71 $64,587 $72,661 $80,734 $88,808 $96,881 Police Professional Development&Trng 60 $49,225 $55,378 $61,531 $67,684 $73,837 Pool Manager 38 $28,593 $32,167 $35,741 $39,315 $42,890 Principal Planner 65 $55,694 $62,656 $69,617 $76,579 $83,541 Public Information Officer 56 $44,596 $50,170 $55,745 $61,319 $66,893 Public Woks Operations Division Manager 71 $64,587 $72,661 $80,734 $88,808 $96,881 Public Works Contracts Coordinator 47 $35,709 $40,172 $44,635 $49,099 $53,563 Public Works Director/Town Engineer 82 $84,745 $95,338 $105,931 $116,523 $127,116 Public Works Foreman 47 $35,709 $40,172 $44,635 $49,099 $53,563 Public Works Maintenance Worker 30 $23,468 $26,401 $29,335 $32,268 $35,201 Receptionist 24 $20,236 $22,766 $25,295 $27,825 $30,354 Recreation Aide 28 $22,337 $25,129 $27,921 $30,713 $33,505 Recreation Leader 32 $24,655 $27,737 $30,819 $33,901 $36,983 Recreation Program Coordinator 50 $38,454 $43,261 $48,068 $52,875 $57,682 Senior Accounting Clerk 41 $30,792 $34,641 $38,489 $42,338 $46,187 Senior Civil Engineer 70 $63,012 $70,889 $78,765 $86,642 $94,518 Senior Civil Engineering Technician 53 $41,411 $46,588 $51,764 $56,940 $62,117 Senior Court Clerk 41 $30,792 $34,641 $38,489 $42,338 $46,187 Senior Development Technician 43 $32,350 $36,394 $40,438 $44,482 $48,526 Senior Heavy Equipment Operator 44 $33,159 $37,304 $41,449 $45,594 $49,739 Senior Librarian 59 $48,024 $54,027 $60,030 $66,033 $72,036 Senior Library Associate 47 $35,709 $40,172 $44,635 $49,099 $53,563 Senior Office Assistant 33 $25,273 $28,431 $31,590 $34,749 $37,909 Senior Office Specialist 44 $33,159 $37,304 $41,449 $45,594 $49,739 Senior Parks Maintenance Worker 40 $30,041 $33,796 $37,551 $41,306 $45,061 Senior Planner 60 $49,225 $55,378 $61,531 $67,684 $73,837 Senior Plans Examiner 59 $48,024 $54,027 $60,030 $66,033 $72,036 Senior Public Works Maintenance Worker 37 $27,896 $31,383 $34,870 $38,357 $41,843 Senior Zoning Inspector 50 $38,454 $43,261 $48,068 $52,875 $57,682 Special Projects Coordinator 56 $44,596 $50,170 $55,745 $61,319 $66,893 Streets&Drainage Crew Leader 47 $35,709 $40,172 $44,635 $49,099 $53,563 Streets&Drainage Field Supevisor 53 $41,411 $46,588 $51,764 $56,940 $62,117 Streets Superintendent 60 $49,225 $55,378 $61,531 $67,684 $73,837 NIP Town Attorney 83 $86,864 $97,721 $108,579 $119,436 $130,294 M Town Clerk 78 $76,774 $86,371 $95,968 $105,564 $115,161 Town Manager 93 $111,192 $125,090 $138,989 $152,888 $166,788 Town Prosecutor 76 $73,074 $82,209 $91,343 $100,478 $109,612 Traffic Signal/Signage Technician 47 $35,709 $40,172 $44,635 $49,099 $53,563 Traffic Signs&Markings Crew Leader 44 $33,159 $37,304 $41,449 $45,594 $49,739 Traffic Signs&Markings Worker 39 $29,307 $32,972 $36,636 $40,299 $43,962 Transit Driver 33 $25,273 $28,431 $31,590 $34,749 $37,909 Transit Services Administrator 64 $54,335 $61,127 $67,919 $74,711 $81,503 Water Conservation Specialist 55 $43,508 $48,946 $54,385 $59,823 $65,262 Water Distribution Supervisor 66 $57,086 $64,222 $71,357 $78,493 $85,629 Water Production Supervisor 66 $57,086 $64,222 $71,357 $78,493 $85,629 . Water Safety Instructor 22 $19,261 $21,669 $24,077 $26,484 $28,892 Water Utility Administrator 70 $63,012 $70,889 $78,765 $86,642 $94,518 Water Utility Director 82 $84,745 $95,338 $105,931 $116,523 $127,116 Water UtilityEngineering Division Manager 73 $67,857 $76,339 $84,822 $93,304 $101,785 9 9 9 Water Utility Operator I 41 $30,792 $34,641 $38,489 $42,338 $46,187 Water Utility Operator II 46 $34,838 $39,193 $43,547 $47,902 $52,257 Water Utility Project Manager 64 $54,335 $61,127 $67,919 $74,711 $81,503 Webmaster 63 $53,010 $59,636 $66,262 $72,889 $79,515 Zoning Inspection Technician 40 $30,041 $33,796 $37,551 $41,306 $45,061 Zoning Inspector 46 $34,838 $39,193 $43,547 $47,902 $52,257 ATTACHMENT D OVPD Member Benefits Current list of Police Department member benefits and/or working conditions provided through the Town of Oro Valley in addition to those described in the Memorandum of Understanding effective for July 1, 2006 through June 30, 2007. 1. Compressed and / or flexible work week, where practical, for many assignments 2. Take Home vehicles assigned for many positions and or assignments 3. Paid Holidays (11 per year — 10 @ double time if worked/ 1 — birthday — day off) 4. Vacation Pay (96 hours — 176 hours per year, dependent upon years of service) a. those employed for 1-5 years earn 96 hours per year, accrual limit 144 hours b. those employed for 6-10 years earn 136 hours per year, accrual limit 204 hours c. those employed for 11 years and over earn 176 hours per year, accrual limit 264 hours d. those employed for 20 years and over earn 176 hours per year, accrual limit 300 hours 5. Sick leave benefits (12 days / 96 hours per year) a. Members with over 480 hours sick leave can convert up to 56 hours of unused sick leave from the previous 12 months to vacation time annually b. 50 percent of unused sick leave accumulated over 480 hours will be paid out to members at the member's regular hourly rate at the time of separation from service with the Town of Oro Valley 6. Bereavement Leave 7. Regular pay for up to 1 year for military reservists on Presidential call-up 8. Coordination of Off-Duty Work (and indemnification) 9. 100% of members medical insurance premium paid by Town ATTACHMENT D 10. 75% of the additional monthly premium cost for members dependent medical insurance premium paid by Town, the Town currently offers two medical plans. 11. 100% of members dental insurance premium paid by Town 12. 75% of members dependant dental insurance premium paid by Town 13. Retired members have the option of continuing medical insurance coverage at a rate made available to them through participation of the Town in rate negotiations 14. 100% Life Insurance premium paid by the Town for a policy that pays out one year of the member's salary 15. Supplemental Life Insurance available for member where member may purchase additional life insurance -up to five times the member's annual salary at a rate made available to them through participation of the Town in rate negotiations 16. Supplemental Life Insurance is available for spouse and children at a rate made available to them through participation of the Town in rate negotiations • 17. 100% of the member's long-term disability insurance premium is paid by Town for non-ABRs participant members 18. 100% of the members workers' compensation insurance premium is paid by the Town 19. Extensive Employee Assistance Program (EAP) — provided by Town • 20. Tuition Reimbursement for members at a rate of 75% reimbursement from the Town based on UofA .rates for.books and tuition for job-related college credit courses 21. Same as item #25 pursuant to the Human Resources Director 22. Same as item #23 pursuant to the Human Resources Director 23. Town sponsored "Section 125 Plan" (Pre-Tax contributions for Medical/Dental/Supplemental Life insurance premiums up to $1500 per year) 24. Town sponsored "Section 125 Plan" (Pre-fax contribution for Dependent Care Reimbursement Accounts up to $5000 per year) 25. Town sponsored "Section 529" (Pre-Tax contribution Dependent Education Savings Plan) vino 26. Town sponsored 457 Deferred Compensation Plans (Pre-Tax contributions) ATTACHMENT D 27. Town sponsored Colonial supplemental insurance products a. accident plan b. short term disability plan c. cancer plans d. long term care plan -e. hospital indemnity plan 28. Supplemental Vision Care benefits (Vision Care Direct; formally known as Eye Care Direct) 29. Supplemental Prepaid Legal Services 30. Access to Credit Union (AZ Central Credit Union) 31. Supplemental Commuter insurance paid by Town through AMRRP 32. Town administered payroll deduction for FOP/OVPON1 00 Club Dues Additional detailed information related to the above-mentioned benefits is available from the Town of Oro Valley Human Resources Department. • G i ‘IIPP* TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: AUGUST 16,2006 TO: HONORABLE MAYOR AND COUNCIL FROM: Daniel G. Sharp, Chief of Police SUBJECT: Resolution No. (R) 06-65 Intergovernmental Agreement with Pima County Health Department Animal g g Care Center SUMMARY: Request is being made to enter into an Intergovernmental Agreement with Pima County Health Department Animal Care Center for the provision of animal control services relating to enforcement of leash law and biting dog ordinances, animal cruelty ordinances and top rovide for the impoundment and sheltering of stray animals. The current IGA expired June 30, 2006 and request is to extend this service for an additional two years (July 1, 2006—June 30, 2008). FISCAL IMPACT: FY 06/07 = Funds as needed and required to reconcile all receipts 41111Pr and expenses each fiscal year. ATTACHMENTS: 1) Resolution No. (R) 06 - 65 . 2) Three copies of the IGA with Pima County Health Department Animal Care Center for the provision of animal control services. RECOMMENDATIONS: Acceptance is recommended. SUGGESTED MOTION: I move that Resolution No. (R) 06 -65 be adopted. Cc iii Larry D. evens c r: ief of Poli-- alerri rat Charles F. Swe; , Town Manager RESOLUTION NO. (R) 06-65 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND PIMA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF ARIZONA, THROUGH ITS HEALTH DEPARTMENT ANIMAL CARE CENTER FOR THE PROVISION OF ANIMAL CONTROL SERVICES. WHEREAS,the Town of Oro Valley pursuant to Arizona Revised Statutes (A.R.S.) § 11-952 is authorized to enter or renew into agreements for joint and cooperative action with other public agencies; and WHEREAS, the Town of Oro Valley is authorized to establish and maintain the Oro Valley Police Department, pursuant to A.R.S. § 9-240 (B) (12); and WHEREAS, the Town of Oro Valley desires to enter into an agreement with Pima County Health Department Animal Care Center for the provision of animal control services beginning with the Fiscal Year from July 1, 2006 to June 30, 2008; and WHEREAS, it is in the best interest of the Town to enter into the agreement, attached hereto as Exhibit "A" and incorporated here in by this reference, in order to set forth the terms and conditions to provide for the health, safety and welfare of the residents in the Town of Oro Valley. NOW,THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA AS FOLLOWS: 1. That the Intergovernmental Agreement(attached hereto as Exhibit"A") between the Town ofvot) Oro Valley and Pima County Health Department Animal Care Center is hereby approved. 2. That the Mayor of the Town of Oro Valley, Chief of Police and other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the Agreement. 3. That the Mayor, upon advice of the Town Manager, is hereby authorized to execute a two year renewal of the Agreement, pursuant to Intergovernmental Agreement paragraph 16, and the Chief of Police and other administrative officials are, thereafter, authorized to take such steps as are necessary to implement the renewal terms. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 16th day of August , 2006. TOWN OF ORO VALLEY,ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Date: Date: ; . �/ EXHIBIT "A" • 1110 \Legal.ha;cfilcs'°olice'Grant Ag crmc+ts,GOHS',Rcsoiuiion.doc Town°CJro'�allcy Attorney's 0 c✓ca,06_;45 f INTERGOVERNMENTAL AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN THE TOWN OF ORO VALLEY, A MUNICIPAL CORPORATION AND PIMA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF ARIZONA. THIS Intergovernmental Agreement "AGREEMENT" is entered into on this day of , 2006, by and between TOWN OF ORO VALLEY, a municipal corporation, hereinafter referred to as "TOWN" and Pima County, Arizona, a political subdivision of the State of Arizona hereinafter referred to as "COUNTY". I. RECITALS: WHEREAS, the Town Council of the TOWN desires to enter into an Agreement with the COUNTY for the provision of animal control services relating to enforcement of leash law ordinances, biting dog ordinances, and animal cruelty ordinances and to provide for the me) impoundment and sheltering of stray animals; WHEREAS, the COUNTY has trained personnel capable of enforcing the TOWN Animal Control Ordinances and has facilities for the impoundment and sheltering of stray animals; WHEREAS, the COUNTY is engaged in certain activities relating to the operation of a COUNTY pound, vaccination and rabies control, stray animal impoundment, including an Animal Care Center, and is therefore presently able to provide assistance and services to the TOWN for animal control purposes and; WHEREAS, pursuant to the provisions of A.R.S. § 11-951 et. seq., the TOWN and COUNTY are expressly authorized to enter into an intergovernmental agreement to provide such services. Nagle 1 NOW, THEREFORE, the TOWN and COUNTY, pursuant to the TOWN's Resolution No. and the COUNTY's Resolution No. , do hereby agree as follows: II. PARTIES OBLIGATIONS: Enforcement Agent, herein designated 1. The County g � by COUNTY to be Pima Animal Care Center, andemployees all ern to ees thereunder, shall be referred to herein as "Town Enforcement Agents." 2. The Town Enforcement Agents shall administer and enforce the provisions of the Oro Valley Animal Coapplicable Code, state laws, and all services related thereunder, including such amendments to said laws as may be passed from time to time. 3. For the purpose u of this Agreement, that certain Ordinance known as the Town of Oro g Valley Animal Control Ordinance is hereby adopted and made a part of this Agreement by reference as if specifically set forth herein. 4. The Town Enforcement Agents shall be granted those limited police powers necessary Agreement, together with any carry out duties imposed by thisg g powers necessary for such engage a ents to in the vaccination, licensing and other activities arising from their duties as g Town Enforcement Agents. 5. The servicesp erformed under this Agreement shall be carried out in accordance with Pima Animal Care Center Policies and Procedures, and the desires of the COUNTY and TOWN as such desires may expressed ressed from time to time by the Pima County Board of Supervisors or p the Town Council of Oro Valley. Such scope of service level requirements shall be revised, if in accordance with availabilityof funds allocated for animal control purposes by the necessary, TOWN. Any such revision shall be in the form of a written amendment to this Agreement. 6. The TOWN Prosecutor shall prosecute all criminal matters and the Oro Valley Magistrate Court shall handle criminal and civil matters arising out of the enforcement of the Oro ValleyAnimal Control Code, as amended, pursuant to this Agreement. All fines collected by the Oro ValleyMagistrate Court as a result of the enforcement of the Oro Valley Animal Mg Code, shall be the property of the TOWN, and the TOWN shall be entitled to use the Controlp p Y funds for its purposes. 2 1e • 7. The Town Enforcement Agents, acting under this Agreement within the jurisdictional limits of the TOWN, shall collect animal licensing and kennel fees and such fees as may be required under the Oro Valley Animal Control Code and/or state statutes, including but not limited to A.R.S. § 11-1101 et. seq. Said funds are to be credited to the TOWN for costs incurred pursuant to this Agreement. 8. The COUNTY shall, before the beginning of the COUNTY fiscal year, submit to the TOWN a copy of the proposed succeeding fiscal year operating and capital outlay budget by jurisdiction, including but not limited to the estimated income from all fees, licenses and charges by jurisdiction and estimated TOWN contributions to the Animal Control budget, if any. TOWN contributions shall be paid on an annual basis as hereinafter set forth. 9. The TOWN shall be extended complete cooperation and access to all documents relating to the Pima Animal Care Center. 10. Persons employed by the COUNTY in performance of services and functions pursuant to this Agreement shall have no claim to pension, civil service or other employees' rights granted by the TOWN to its officers and employees. 11. The Parties stipulate and agree that COUNTY is not an employee of the TOWN, and isg -gad erformin its duties hereunder as an independent contractor, supplying its own employees, p and maintaining its own insurance, worker's compensation, and internal accounting. The TOWN in no way controls, directs or supervises the actions of the COUNTY under this Agreement. 12. Each Party (as `indemnitor') agrees to indemnify, defend, and hold harmless the other Party (as `indemnitee') from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as `claims') arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. 13. The cost of services charged to TOWN by COUNTY under this Agreement shall include those costs associated with the use and access to certain departments within the COUNTY bythe Town Enforcement Agents, which use and access is necessary for the g performancefunctions pursuant of services and to this Agreement, including but not limited to: 3 (a) Pima County Health Care System; (b) Pima County Health Department; (c) Pima County Facilities Management Department; (d) Pima County Automotive Services Department; (e) Pima County Transportation & Flood Control Department; (f) Wastewater Management Department; and (g) Pima County Information Services Department. 14. The COUNTY, through its Health Department Director, shall submit to the TOWN on an annual basis, p rior to June 30, a statement of year to date receipts, disbursement and a projected year end balance of the Pima County Rabies Control Fund by jurisdiction. In the event that the annual TOWN disbursement exceeds the annual TOWN receipts, the TOWN shall deposit funds sufficient to cover the TOWN deficit in the Pima County Rabies Control Fund within thirty (30) days after official request for funds. Should there be a TOWN surplus in the Pima County Rabies Control Fund, such surplus shall be refunded to the TOWN. The procedure set forth herein shall be followed for each year duringthe term of this Agreement beginning with the Fiscal Year from July 1, 2006 through g g g June 30, 2007. III. DURATION AND EFFECTIVE DATE: 15. The term of this Agreement shall become effective upon recordation at the Pima County Recorder's Office, and shall continue until June 30, 2008. 16. This Agreement may be renewed for an additional term of two (2) years upon mutual agreement of the Parties, effective upon filing the original executed renewal agreement with the Pima County Recorder's Office. IV. APPLICABLE LAW: 17. This Agreement and all obligations upon the COUNTY or TOWN arising therefrom ‘Nov shall be subject tolimitations of budget law or other applicable local law or regulation. The any 4 • Parties hereto shall comply with all applicable federal, state and local statutes, ordinances, regulations, rules, standards and executive orders. V. TERMINATION: 18. The Agreement may be terminated by either Party, with or without cause, upon sixty (60) days written notice. Upon termination, a final statement shall be sent to the TOWN by the Pima County Animal Care Center. Within thirty (30) days of receipt thereof, the TOWN shall tender payment of any deficit or the Pima County Animal Care Center shall tender payment of any surplus. VI. ASSIGNMENT: 19. Any assignment or attempted assignment of this Agreement by either Party without the prior written consent of the other Party shall be void. VII. NON-WAIVER: 'vs" 20. The failure of either Party to insist upon the complete performance of any of the terms and provisions of this Agreement to be performed on the part of the other, or to take any action permitted as a result thereof, shall not constitute a waiver or relinquishment of the right to insist upon full and complete performance of the same, or any other covenant or condition, either in the past or in the future. The acceptance by either Party of sums less than may be due and owing it at any time shall not constitute an accord and satisfaction. VIII. CONFLICT OF INTEREST: 21. This Agreement is subject to the provisions of A.R.S. § 38-511. 5 IX. NON-APPROPRIATION: 11110, 11 otherprovisions in this Agreement, this Agreement may be 22. Notwithstanding any g terminated with or without sixty (60) days notice if the County Board of Supervisors does not appropriate ro riate sufficient funds for the purpose of maintaining this Agreement. X. AMERICANS WITH DISABILITIES ACT: 23. The Parties shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. XI. NON-WARRANTY: 24. The Parties do not warrant their respective right or power to enter into this Agreement and if the same is declared null and void by court action initiated by third persons, 41111w- there shall be no liability to the other Party by reason of such action or by reason of the Agreement. XII. WORKERS' COMPENSATION 25. Each Party shall post the notices require by A.R.S. § 23-1022(E) advising employees who provide services pursuant to this agreement that they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation. XIII. ENTIRE AGREEMENT: 26. This document contains the entire Agreement between the Parties and it may not be modified, amended, altered or extended except by a written amendment executed by both Parties. 40116, 6 • + w IN WITNESS WHEREOF, we have hereunto set our hands this day of 2006. void PIMA COUNTY TOWN OF ORO VALLEY, a Municipal Corporation. By: By: Richard Elias, Chairman Mayor Board of Supervisors ATTEST ATTEST By: By: Clerk of the Board Town Clerk By: Nog) Dennis W. Douglas, Director Pima County Health Department This intergovernmental Agreement which is a contract between public agencies has been reviewed pursuant to A.R.S. § 11-951 by the undersigned Town Attorney and Deputy County Attorney who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. By• dol 11/ • t-Q9--tgd D-puty County Attorney By: Town Attorney 7 co<SSS-o4 TOWN OF ORO VALLEY COUNCIL COMMUNICATION STUDY SESSION: August 16, 2006 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: Council Liaison Assignments SUMMARY: According to Town Council Policy #8, the purpose of the Council Liaison position to a Board, Commission, or Committee ("Board," collectively) is to allow a Council Member the opportunity to bringCouncil-adopted policies to a particular Board, and keep the pp ty Council informed as to the actions of that particular advisory group. The Council Liaison position was designed to establish or improve the lines of communication between Boards and the Council. The Council Liaison is expected to attend the meetings of the Board and thenre are a summary of events to share with the Council as a whole. It is p p also expected that the Council Liaison, a non-voting member of the Board, would provide the Board members with goals and objectives of the Council as a whole. At the July 26, 2006 Study Session, Council Liaison assignments were discussed including adding a few additional Council Liaison opportunities such as the Regional Transportation Authority, Oro Valley Citizen Corps Council, and Board of Adjustment — for interview appointment process only. After gathering feedback from various Chairs and Staff representatives of the Boards, it was clear that the Council Liaison position is valuable in all cases except to the Oro Valley Police Department, which consequently, that assignment has been eliminated. The attached list identifies the current assignments of Council Liaisons for the annual term of July 2006 — June 2007. All Council Liaison assignments will have an annual review with consideration of assignment rotation. SUGGESTED MOTION: I move to approve the current Town Council Liaison Assignments listed on Attachment "A" — Council Liaison Assignments effective July 2006. or... move to approve the Town Council Liaison Assignments on Attachment "A" with the following modifications ATTACHMENT: Attachment "A" - Council Liaison Assignments effective July 2006 '. --j Chuck Sweet, Town Manager Attachment "A" Council Liaison Assignments July 2006 — July 2007 Board of Adjustment (Interview Committee Panel Member only)... ... ... ... ... ... Barry Gillaspie Development Review Board... ... ... ... ... ... ... ... Al Kunisch Finance & Bond Committee... ... ... ... ... ... ... ... ... Helen Dankwerth Historic Preservation Commission ... ... ... ... ... ... Al Kunisch Oro Valley Citizen Corps Council... ... ... ... Paul Loomis Oro Valley Citizen Corps Council (alternate)... ... ... ... ... Paula Abbott Parks & Recreation Advisory Committee... ... ... ... ... ... Terry Parish Planning & Zoning Commission... ... ... ... ... ... ... ... ... ... KC Carter Stormwater Utility Commission ... ... ... ... ... ... ... KC Carter Water Utility Commission... ... ... ... ... ... ... Barry Gillaspie Amphitheater School District... ... ... ... ... ... ... ... ... ... ... ... Paula Abbott Amphitheater School District (alternate)... ... ... ... ... ... ... Barry Gillaspie Legislature; District 26 ... ... ... ... ... ... Terry Parish Metropolitan Tucson Convention Visitors' Bureau... ... ... Terry Parish Northern Pima County Chamber of Commerce... ... ... ... Helen Dankwerth Pima Association of Governments... ... ... ... ... ... ... ... ... Paul Loomis Pima Association of Governments (alternate)... ... ... ... Barry Gillaspie Regional Transportation Authority... ... ... ... ... ... ... Paul Loomis TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 16, 2006 TO: HONORABLE MAYOR& COUNCIL FROM: Sandra L. Abbey, Human Resources Director SUBJECT: ADOPTION OF TOWN MANAGER'S EMPLOYMENT AGREEMENT SUMMARY: Duringthe Council Meetingof July 19,2006, the Council the directed Human Resources Director to undertake Ym negotiationemployment of an em to ent agreement with Mr. David Andrews for the position of Town Manager, effective September 1, 2006. Highlights of the agreement include: • Term of one (1) year, renewable in one-year increments unless notice of non-renewal is provided at least 90-days prior to expiration; • Town Council right to terminate at any time for cause. • Town Council right to remove Town Manager from office without cause by a majority vote, with provision of 6 months severance pay • Requirement for 90-days notice in the event Town Manager voluntarily resigns L. • Annual Salary of$135,000 with cost of living adjustments in the same manner as for other employees, andp rovisions for merit increases in conjunction with annual evaluations as warranted • Employee benefits programs under the same terms as those provided to other Town employees • Paid dues, subscriptions, and professional development opportunities considered reasonable and necessary for official duties of the position or for professional development for the good of the Employer ATTACHMENT: Employment Agreement, including updated classification/job description SUGGESTED MOTION: "I move to adopt the employment agreement between the Town of Oro Valley and David Andrews for the position of Town Manager." . Lagior Department Head EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this 16th day of August, 2006 by and between the Town of Oro Valley, a municipal corporation in Pima County, State of Arizona, hereinafter called "Employer", and David Andrews, hereinafter called "Employee". WITNESSETH WHEREAS, Employer desires to engage the employment services of David Andrews as Town Manager of the Town of Oro Valley, as provided by Chapter 3, Article 3-2, Section 3-2-1 of the Oro Valley Town Code, commencing September 1, 2006; and, WHEREAS, employer is desirous of providing certain benefits accruing to employee for the good of the employee, while the employee desires to provide the benefits of his leadership and expertise on behalf of the employer; and WHEREAS, it is the desire of the Town Council to (a) secure and retain the services of Employee and to provide inducement for him to remain in such employment, (2) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of the Employee, (3) to provide a just means for terminating Employee's services at such time as he may be unable to fully discharge his duties or when Employer may otherwise desire to terminate his employment, and (4) to provide means for Employee to terminate his services; and, WHEREAS, Employee desires to retain employment as town Manager of the Town of Oro Valley; NOW, THEREFORE, in consideration of mutual covenants herein contained, the parties agree as follows: Section 1. Duties Employer agrees to employ David Andrews as Town Manager of said Employer and David Andrews agrees to accept employment as Town Manager for the Town of Oro Valley, to perform the functions and duties specified in State Law and by the Town Code of the Town of Oro Valley and as further set forth in the approved job description (attachment A) for the position of Town Manager, and to perform such other legally permissible and proper duties and functions in a professional manner, as the Town Council shall from time to time assign. Section 2. Term A. Employee agrees to commence employment in the position of Town Manager on September 1, 2006. The term of this agreement shall be for an initial period of one (1) year. This agreement shall automatically be renewed on its anniversary date in one (1) year increments unless notice of non-renewal is provided at least ninety(90) days prior to expiration of agreement. B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Town Council to terminate the services of Employee at any time for cause, such as malfeasance in office, willful breach or habitual neglect of duties or illegal activity or criminal misdemeanor or felony convictions, occurring either within or outside of Employee's scope of employment, or similar acts or omissions. C. The Employee shall serve at the pleasure of the Mayor and Council and shall be removed without cause by a majority vote thereof subject only to the provisions set forth in Section 4, Paragraph A of this agreement. D. Nothing in this agreement shall prevent, limit or otherwise interfere with right of the Employee to resign at any time from this position with Employer, subject only to the provisions set forth in Section 4, Paragraph B of this agreement. Section 3. Suspension Employer may suspend the Employee with full pay and benefits at any time during the term of this Agreement. Any decision to terminate the Employee other than for cause shall be in accordance with Section 4. Section 4. Termination Without Cause and Provision of Severance Pay A. In the event Employee is terminated by the Town council other than for cause, during such time that Employee is willing and able to perform his duties under this agreement, then Employer agrees to pay Employee severance pay in periodic installments in the same manner as Employee's previous remuneration as provided in this Section. 1) If Employee is terminated, other than for cause, or if the Town Council provides notice of non-renewal of this agreement, Employee shall receive severance pay equal to six months salary in periodic installments in the same manner as Employee's previous remuneration at the date of termination. 2) Further, Employee shall continue to receive such benefits as he received during his employment with the Town for a period of time equal to the number of months of severance pay to which the employee is entitled hereunder. 3) In the event severance pay is disbursed according to Section 4(A) (1) Employee agrees to be available to Employer during the severance pay period of time to whatever extent desired by thevoid Employer for consulting services, special project work or general assistance to Town staff. B. In the event Employee voluntarily resigns his position with Employer, then Employee shall give Employer ninety(90) days notice in advance unless the parties otherwise agree. Should Employee resign from his position, Employee is not entitled to the severance pay provisions. Section 5. Removal of Town Manager In the event that Employee is removed without cause and receives severance pay pursuant to Section 4 (A) above, Employee waives the right and covenants to bring legal action against the Town of any of its officers or employees for any act or omission or any action for any and all damages, attorneys fees or cost arising out of his employment with the Town of Oro Valley or his removal by the Town of Oro Valley, so long as such acts, omissions, actions, damages and claims upon which claim, lawsuit, damages, fees or costs is based, arises or occurs within the scope of employment or official capacity of any agent, officer or employee of the Town. However, nothing written in this section shall result in a waiver or shall nullify the Employer's obligation pursuant to Section 13 of this agreement. Section 6. Annual Performance Goals and Evaluation of Employee No) Annually, the Town Council and Employee shall define such goals and performance objectives necessary for the proper operation of the Town of Oro Valley to attain the Town Council's written policy objectives. Achievement or lack thereof of these performance objectives and goals shall be used as part of the criteria for Employee's annual evaluation. Employee shall be formally evaluated and his contract renewal or non-renewal discussed by the Council on an annual basis prior to the anniversary date of this agreement. Employee shall receive a copy of the written evaluation that includes the annual performance goals within 30-days of the annual evaluation discussion by the Council. Section 7. Salary and Salary Adjustments Employer agrees to pay Employee for services rendered pursuant hereto a salary of ONE HUNDRED THIRTY-FIVE THOUSAND DOLLARS ($135,000) ANNUALLY payable in installments at the same time and in the same manner as other salaried employees of the Employer. Upon annual employment evaluation of the Employee by the Town Council, the salary and allowances of the Employee may be adjusted by the Town Council upon satisfactory job performances. Additionally, if an annual cost of living adjustment is approved for all employees of Employer; such cost of living adjustment will be applied to 1111110, pp Employee's salary at the same time and in the same manner as other salaried employees of the Employer. Section 8. Hours of Work Employee shall devote full time to the business of Employer and shall neither accept nor engage in outside activities whether paid or unpaid, which interfere with Employee's responsibilities to Employer. Section 9. Benefits A. Mileage. The Town of Oro Valley will pay the Employee the current Town vehicle mileage per mile traveled using his personal vehicle on Town business at the current rate allowed by Town regulations. B. Vacation and Sick Leave. Employee shall accrue vacation at the rate of twenty-two (22) days per year. Sick leave shall be accrued at the rate set forth in the current personnel rules and procedures in effect at the time of the accrual. C. Health, Dental, Life and Disability Insurance. Employer agrees to provide health, vision, dental, life and disability insurance coverage for the Employee and his family under the same terms as such benefits are paid to all other Town employees. D. Retirement. Employer agrees to allow Employee to participate in the Arizona State Retirement System (ASRS) under the same terms and at the same co-contribution costs as paid by its other management employees. E. Miscellaneous Benefits Programs. Employer agrees to allow Employee to participate in such other employee benefit programs, and under the same terms and conditions as are available to all other Town employees. Section 10. Bonding Employer shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance. Section 11. Dues and Subscriptions Employer agrees to budget for and to pay reasonable costs for professional dues and subscriptions of Employee, including Service Club dues subject to budgeting constraints. Section 12. Professional Development A. Employer agrees to budget for and pay reasonable travel and subsistence -.4010/ expenses of Employee for professional and official travel, meetings and occasions necessary to continue the professional development of Employee and to allow Employee to adequately pursue necessary official and other functions for Employer, for example the Annual Conference of International City Management Association, the national and state meetings of city management organizations and such other national, regional, state and local governmental groups and committees thereof on which the Employee serves as a member. B. Employer also agrees, subject to budgeting constraints, to budget and to pay for reasonable travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his professional development and for the good of the Employer. Section 13. Indemnification Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope and in the performance of Employee's duties as Town Manager. This indemnification shall not extend to any acts or omissions occurring outside of Employee's scope of employment or outside of the performance of Employee's duties as Town Manager. NisiO Section 14. Other Terms and Conditions of Employment A. The Town Council, in consultation with the Employee, shall fix any such other terms and conditions of Employment as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the Town of Oro Valley Code or any other law. B. All other provisions of the Oro Valley Town Code, and regulations and policies of Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, shall apply to the Employee as they would to other management employees of the Employer, to the extent they are consistent with the terms of this Agreement. Section 15. Notices 141Or Notice pursuant to this agreement shall be given as follows: A. Employer Town Clerk's Office Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 B. Employee Town Manager's Office Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 Section 16. General Provisions A. The text herein shall constitute the entire agreement between the parties. Any representations, statements, promises or understandings not contained herein shall be of no continued force, effect or validity. B. This agreement shall be binding upon and inure to the benefits of the 111116, parties, and their respective heirs, successors and assigns. C. This agreement shall be effective August 16, 2006 D. If any provisions or any portion thereof contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the Town of Oro Valley caused this agreement to be signed and executed in its behalf by Paul H. Loomis, Mayor of the Town of Oro Valley, and duly attested by its Town Clerk, and Employee has signed and executed this agreement, mod both in duplicate, the day and year first above written. TOWN OF ORO VALLEY Paul H. Loomis Mayor ATTEST: Kathryn E. Cuvelier Town Clerk (SEAL) David Andrews Employee APPROVED AS TO FORM: Melinda Garrahan - Town Attorney T • • ATTACHMENT A 4111tor Job Description—Town Manager J p,1!-F" U v s Town of Oro Valley Classification Description "0(.7r",,,31'4 Title: Town Manager Department Town Manager Class Code: 1010 FLSA: exempt SalaryGrade: 93 Revision 6/06 F } } Dates: ..�...,._._...�.�.. POSITION SUMMARY: Under direction of the Mayor & Council, directs the provision of Town services to citizens of Oro Valley through implementation of adopted policies of the Mayor and Town Council in order to protect the public's health, safety, and welfare. Essential functions, as defined under the Americans with Disabilities Act, may include the following duties, knowledge, skills and abilities. This list of duties is illustrative only, and is not a comprehensive listing of all functions and duties performed by positions in this class. Incumbents in this class may not be required to perform all duties listed and may be required to perform additional position-specific duties. 411) ESSENTIAL FUNCTIONS: • Develops, administers, and implements public policy set forth by the Mayor and Town Council. • Provides oversight and assists departmental Directors in the analysis and } resolution of problems and the development of service delivery strategies and policies. • Prepares the formal performance evaluation of assigned department staff. • Formulates and balances Town and department operating budgets to maximize financial and human resources. • Reviews financial documents and reports and approves purchases, payments, and requests for sensitive expenditures including travel, training, and professional development. • Reviews budget projections, financial analysis, and departmental operating budgets. • Prepares balanced annual budget for Town Council review and adoption. • Attends meetings regarding existing local issues as well as regional matters. • Interviews, hires, and terminates key Town employees and resolves other Human Resources issues. • Responds to citizen complaints. • Communicates with outside agencies, private industries, and Federal & State representatives for governmental operations. _.__�•_.._..._Prepares and disseminates Town information to the public. ESSENTIAL KNOWLEDGE AND SKILLS: • Knowledge of Town and Department policies and procedures. • Knowledge of management and/or supervision principles. • Knowledge of strategic planning and budgeting principles. • Knowledge of personal computer hardware and software. • Skill in interpreting and applying relevant State and Federal statutes, and Town ordinances, codes, rules, and regulations. • Skill in assessing and prioritizing multiple tasks, projects, and demands. • Skill in working within deadlines to complete projects and demands. • Skill in oral and written communication. • Skill in establishing and maintaining effective working relationships. MINIMUM QUALIFICATIONS: • A Masters degree in Business Management, Public Administration or related field. • Five (5) years experience as a Department Head, Division Manager, and/or Assistant/Deputy City Manager; OR an equivalent combination of education and experience. ENVIRONMENTAL FACTORS and WORKING CONDITIONS: • Work is primarily performed in an indoor environment, however, may also vail0 include site visits. • Work also includes driving in local traffic to regional meetings and/or travel to conferences, seminars, or meetings. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: AUGUST 16, 2006 TO: HONORABLE MAYOR& COUNCIL FROM: AINSLEY ANNE REEDER, PARKS AND RECREATION DIRECTOR BRENT SINCLAIR, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: NARANJA TOWN SITE EDUCATIONAL CAIVIPAIGN AND LOGISTICS TIMETABLE BACKGROUND: In July 2005, a Logistics Timetable was accepted by Town Council as part of the recommendations in the "Naranja Town Site Funding Strategy Report." Since that time, the development process for the site has begun to move forward with the Programming and Schematic Design Project, the construction of the trails and installation of site furniture and signage, and the acceptance of donations to support the continued development of the park. A public opinion survey was completed in the February of 2006 which reflected that over 65% of Town residents had no knowledge or minimal knowledge about plans for the Town Site. These results indicated that a public education program would be required to build support and excitement for the planned park, recreation and arts amenities planned for the site. SUMMARY: Given the ever increasing scope of the overall Naranja Town Site (NTS) process and associated projects, the Logistics Timetable has been updated to include all relevant actions associated with bringing the project to a successful conclusion. Additionally, the time line has also been revised and expanded. Key items include the following: ACTION TARGET DATE Adopt Naming and Branding Policy August 2006 Initiate Community Outreach & Education August 2006 Establish Criteria for Events & Activities on Site Prior to Construction September 2006 Use Economic Vitality Model for Revenue/Expense Projections October 2006 Complete Programming and Concept Design February 2007 Analyze & Select Funding Sources June 2007 Complete Development Plan October 2008 Start Construction January 2009 Grand Opening June 2010 In June of 2006, the Town Manager's office began to solicit proposals from professional consultant specializing in public outreach for services to help educate the public, build awareness of NTS, and develop a strong support base for the park. Additionally, a professional consultant could provide strategic marketing, dvertising and public relations planning; media relations and publicity; and events management. Currently the staff is reviewing two proposals. SUGGESTED MOTION: mipor The Council may wish to consider the following motions: I move to approve the August 2006 Logistics Timetable Update and direct staff to take steps necessary to develop a proposal for Town Council consideration for services with a professional consultant specializing in public outreach to further the goal of public education regarding the development of Naranja Town Site. Attachments: 1) August 2006 Logistics Timetable Update Parks and Recreation Director 7 Community Development Director Assistant Town Manager Town Manager is r a) Lt) o a) Lr) LC), 1 Q O 19 L CD co. CO V C) MIa a. = 5 O Q Q O a t � CU Z CI CO CO CO CO CO CO Co COI ti tom. CO oQOOOOcococOCOoo � o0 0000. O CO 1 1 1 1 1 1 , , O 00 0 , O C) p) 0, O L L L L L L O O O O L I- C , N. 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E' o; E i C� a)i— E E O a.p o •0)i.C2 O a) E. o O► > E 0 O = E QJ c� c) CD D a.LL a) a) += 0 � 0 D o a)1 o cn a) I D a)! Ca D OIC a)i•C LL a) O o L Z! QQCLcnm cvu1(.) < alolw,cnIQDl< alzQUIQcna. cniE1o,ocn0 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: Aug. 16, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Phillip Trenary, Operations Division Manager SUBJECT: Reject all bids for Annual Custodial Maintenance Contract SUMMARY: Due to the only received bid amount exceeding the budgeted amount for FY06/07, at this time we reject all bids for the Annual Custodial Maintenance Contract. A 4i Phil Trenary,Opera iv Mgr 4 Craig Civai-r,Town Engineer (144:1 David Andrews, Asst Town Manager LL.arg Chuck Sweet,Town Manager 2 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 16, 2006 TO: HONORABLE MAYOR& COUNCIL FROM: Roxana Garrity, Deputy Town Clerk SUBJECT: PUBLIC HEARING — APPROVAL OF AN APPLICATION FOR A PERSON TRANSFER OF A SERIES 09 (LIQUORLIQUOR LICENSE FOR CVS PHARMACY LOCATED AT STORE) 10390 N. LA CANADA DRIVE SUMMARY: Person Transfer, Series 09 (Liquor Store) Liquor License for Mr. Jason B. Morris and An application for a principals has been submitted for CVS Pharmacylocated at 10390 N. La Canada Drive (formerly OSCO Drug.) Although CVS Pharmacy not is opening at this location at this time, the Liquor License must be transferred to p eng the new buyer as Series 09 Liquor Licenses are "quota" licenses (**as described below.) In accordance with Section 4-201 of the Arizona Revised Statutes, the application was posted for 20 days cin June 27, 2006 on the premises of the applicants' property. No protests were received during that commencing time. Chief Sharp has conducted a background investigation on the applicants. He has found no derogatory formation on the applicants; therefore, he has no objections to the approval of the Person Transfer of the 'llageries 09 Liquor License. (Seriesqp 09 Liquor License description: Liquor Store (All spirituous liquors.) The purpose of a Series 09 Liquor License is to allow a spirituous liquor store retailer to sell all spirituous liquors, only in the original unbroken p q package,e, to be taken away from the premises of the retailer and consumed off the premises.) **A Series 09 Liquor License is a QUOTA LICENSE which means there are no "new"Series 09 licenses available. It must bep urchased privately and the price is based on availability in the county. Once a Series 09 has beenurchased, the buyer must apply for a transfer to have the license put in his or her name at the p y same or another location.) ATTACHMENTS: 1. Memorandum from Police Department 2. Liquor License Application 3. License Description from Arizona Department of Liquor Licenses TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTION: I move to recommend approval of the request for a Person Transfer to the Arizona State Liquor Board for a Series 09 Liquor License at CVS Pharmacy located at 10390 N. La Canada Drive. of.,4_,LL,_ - Deent Head Town Manager 1 ` ;- •Z 11000 N. La Canada Dr. .ate Oro Valley, Arizona 85737 Phone (520) 229-4900 FAX (520) 797-2616 of Police �< www.ovpd.org DANIEL G. SHARP, Chief � `���.��,,rx r a 3 NDED ORO VALLEY POLICE DEPARTMENT • "INTEGRITY, PRIDE, EXCELLENCE" TO: Kathryn Cuvelier FROM: (.\ l Daniel G. Sharp 1*4 RE: Background Investigation, Application for Liquor License CVS Pharmacy #9344 10390 N. La Canada Dr. On July10, 2006, the Oro Valley Police Department completed the standard background check on CVS Pharmacy Agent Morris Barclay, and principals Zenon Lankowsky, Thomas Moffatt, Linda Cimbron, & Melamie Luker. The Oro Valley Police Department has no objection for the issuance of a liquor license to CVS Pharmacy #9344 at 10390 N. La Canada Dr. Summary CVS Pharmacy is formerly OSCO at the same location, 10390 N. La Canada. Nod ARIONA.DEPARTMENV.OF LIQ " R.-LICENSES & CONTROL 4i;?..d.:.i..',. .-----.....i.4.;:ie"'--!---.,:s, y, • - r4t _ `�, 400 V�' Congress #521 800 W Washington 5th Floor , ; `"�'' �:""' �e� •��t7;,..._ Tucson AZ 85701-1352 85007-2934 Yom... -�1 ��, _: _ Phoenix AZ ,1 4."tF. ��=�, ` �;r�'`:47' ' , -: ' (520) 628-6595 ie �:��,; ".�' f-t �-r-- :_,i% A. :: .�,(602) 542-5141 � �: :�, ,�.'.�� �:;�_,-•; N.4,14� 1;i:',,,,i 'll ir..7 ",4 0'... - APPLICATION FOR LIQUOR LICENSE -- --- - . µ .;. ''•,- ."9-is ,r+u w,,a pct. .,• ;,';..gi.i: 1t, •- . TYPV0Re,XRIINTI PTRBRLAC(INK - Effective Nov.1 1997,All Owners.Agents,Parto'ers:tStocitholt ers:'O cern.or Managers actively involved in the day•to day, Notice: � • •i.. wr •� ..-...iii ions of the business must attend a Department approved liquor''law t:airung course or provide proof of attendance within the last t�ve oQerat .,.• _,���, .... - years. See page 5 of the Liquor Licensing requirements. ,4 SECTION 1 This application is for•a: SECTION 2 Type of ownership: 1.... 1 ❑ INTERIM PERMIT Co mp lete Section 5 0 J.T.W.R.O.S. Complete Section 6 r t. ) .;� W LICENSE Complete Sections 2,3,4,13,14,15,16, 17 0 INDIVIDUAL Complete Section 6 r PERSON TRANSFER(Bars&Liquor Stores ONLY) 0 PARTNERSHIP Complete Section 6 ,••• Complete Sections 2,3,4, 11, 13, 15, 16,17 0 CORPORATION Complete Section 7 • ❑LOCATION TRANSFER(BarsLiquor and Li uor Stores ONLY). • LIMITED LIABILITY CO. Complete Section 7 Th Complete-Sections 2,3,4,12,13,15,16, 17 . 0 CLUB Complete Section 8 1-Et. ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Complete Section 10 ; . C6mplete Sections 2,3,4, 9,13,15, 17(fee not required) 0 TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections 2,3, 4,10,13,15,16,17 0 OTHER Explain •SECTION 3 Type of license and fees: LICENSE#: • O giaV e2�v X. 1. Type of License: Series 2.Total fees attached: $ moo APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE)ARE NOT.REFUNDABLE. • . A service fee of$25.00 will be charged for all dishonored checks(A.R.S. 44.6852) SECTION 4 Applicant:(All applicants must complete this section) Mr. 1.Applicant/Agent's Name: Ms. Morris Jason - Barclay (Insert one name ONLY to appear on license) .. Last . First . Middle 2. Corp./Partnership/LI-C.: C.V•S E C.15 l<v L:4, Tu G SO. ' li 2 i L.G .4 II • ..., (Exactly as it appears o4 Articles of Inc.or Articles of Org.) 3. Business Name: • CVS/pharmacy # q 3 91-1 (Exactly as it appears on the exterior of premises) 4. Business Address: 1©)9 O 1J 12T14 LAC PA/67 T ) o at, visttc--7 19:Thn '2%.s-7..3-7 • (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: 5a0 )`c�1 q- 50 3 3 Residence 0 •r 6. Is the business located within the incorporated limits of the above city or town? OYES ONO 7. Mailing Address: 252 5 East Arizona Biltmore Circle, Ste A-212 , Phoenix. AZ 85016 City State Zip ONLY) 8. Enter the amort paid for a 06,07,or 09 license: $ (Price of License 1 • DEPARTMENT USE ONLY • Accepted by: Date: Lic.# • Fees: $ Application Interim Permit Aunt Change Club F.Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS,AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. You ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING,ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. L1C 0100 0512004 *Disabled individuals requiring special accommodation,please call (602)542-9027. I r . ,,,.. .....1 .., ARIZONA DEPARTMENTOF LIQUOR LICENSES & CONTROL 1 aii ate2.z,, ;;";!- 1, I L.,;;i7,3-:- .---r-iz,z,-.; -_,, li !!!i4 0"OC:rk -10•Pn Taw 800 W Washington 5th Floor T-� . - = .. z . � ', 400-W Cbitres4 IFUZ1 �.,,�- �` .- �-�� �;--,,,,,,Iil, Lfr �� Tucson AZ 8 5 7 01-13 5 2 Phoenix AZ 85007-2934 f- � „ 2- 4. V �V.�,.�� (520) 628-6595 (602) 542-5141 _. ,F-....-45-:%,7 � f Y !.•'•Til: !E ? ;� .=.t19 ..' Vs t.:.:::iry •� A '. s f- 1-A -V.--gt1/411L-.7?,,1V,,,044:4-- AI .4t:t ,;k,,p.i, _.ja, !,..,.. '. '�.^"`, APPLICATIONfAFOR"LIQUOR LICE` ' _:-li.; f . i•; 1 • . .- L s't TYPE;OR.PRINT �-6t ACK INK r .F. '1 Notice: Effective Nov.1,1997,All Owners,Agents,Partners,Stockholders,`Officers,or.Manaus actively involved in the day to day operations of the business must attend a Department approved liquor law twining course..or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements.SECTION 1 This application is for a: N'I'7 ...?"' SECTION 2 Type of ownership: ❑ INTERIM PERMIT Complete Section 5 0 J.T.W.R.O.S. Complete Section 6 ❑ NEW LICENSE Complete Sections 2, 3,4, 13, 14, 15, 16, 17 0 INDIVIDUAL Complete Section 6 ❑ PERSON TRANSFER (Bars &Liquor Stores ONLY) 0 PARTNERSHIP Complete Section 6 Complete Sections 2,3, 4, 11, 13, 15, 16, 17 0 CORPORATION Complete Section 7 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) 0 LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4, 12, 13, 15, 16, 17 0 CLUB Complete Section 8 ❑ PROB,TEIWILL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9, 13, 15, 17(fee not required) 0 TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections Z 3, 4, 10, 13, 15, 16, 17 0 OTHER Explain SECTION 3 Type of license and fees: LICENSE#: 0 9/00,24 '2- y p Department Use Only 1. Type of License: 2.Total fees attached: $ - .. APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of$25.00 will be charged for all_dishonored checks (A.R.S.44.6852) - _. --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- SECTION 4 Applicant (All applicants must complete this section) 1.Applicant/Agent's,Name: Ms. First Middle (Insert one name ONLI�o appear on license) Last 2. Corp./Partnersti /LLC.: . .. (Exactly as it appears on Articles of Inc.or Articles of Org.) 3. Business Name: • (Exactly as it appears on the exterior of premises) (V)\IA\lel 4. Business Address: COUNTY Zip (Do not use PO Box Number) City 5. Business Phone: ( ) Residence Phone: ( ) 6. Is the business located within the incorporated limits of the above city or town? AYES ONO 7. Mailing Address: a, city State Zip 8. Enter the amount paid fora 06, 07, or 09 license: $ ,� /i'-- (Price of License ONLY) DEPARTMENT USE ONLY Accepted by: Date: Lic.# - Fees: - $ Application Interim Permit Agent Change Club F. Prints TOTAL PROCESSING APPUCAT1ONS TAKES APPROXIMATELY 90 DAYS,AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING,ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF THE UCENSE. „.1 LIC 0100 OSTLOaL *Disabled individuals requiring special accommodation, please call (602) 542-9027. 1 ADLLC: Arizona Department of Liquor Licenses & Control Page 1 of 2 w <Yj , Arizona • -, . - \ 'W'' e 1:4,n:4 ' NEWS FLASH! NEW RULES RENEWALS ONL NE FORMS 800 W.Washington,5th Floor 400 W. Congress,#521 Phoenix,AZ 85007 Tucson,AZ 85701 Phone: (602)542-5141 Phone: (520)628-6595 Fax(602)542-5707 Fax:(520)628-6620 E-mail:ligr©azll.com Hours: Monday through Friday 8:00 a.m.to 5:00 p.m.except holidays. ................................................................................... License Types: Series 09 Liquor StoreLicense (All spiritous liquors) ,,,..m...,,________„„,...,_...v... Transferable (From person to person and/or location to location Home within the same county only) Striving to Sotie Off-sale retail privileges ArmWitelli . Renewals Note: Terms in BOLD CAPITALS are defined in the glossary. my ,_....._____.___...____.,„___________________ ,,t': i.,4--.11: ' PURPOSE: ^ • _____..,..._.......,__ , Training Allows a spirituous liquor store retailer to sell all spirituous liquors, only in the original unbroken package, to be taken away from the ---------------.e premises of the retailer and consumed off the premises. Leesa Berens Morris, Information Director ADDITIONAL RIGHTS AND RESPONSIBILITIES: ii Stop tia,derage A retailer with off-sale privileges may deliver spirituous liquor off of Dritkin and tiyini the licensed premises in connection with a retail sale. Payment ,, v About DLLC must be made no later than the time of DELIVERY. The retailer : 4 Atte., f µ ,,. , • must complete a Department approved "Record of Delivery" form for each spirituous liquor retail delivery. Query JACOB'S STORY (PDF) _____ On any original applications, new managers and/or the person Comments responsible for the day-to-day operations must attend a basic and COMMERCIAL CLIP management training class. (5Ma .Mov) A licensee acting as a RETAIL AGENT, authorized to purchase "MY PROM PROMIS and accept delivery of spirituous liquor by other licensees, must receive a certificate of registration from the Department. (.Doc) A PREGNANCY WARNING SIGN for pregnant women consuming spirituous liquor must be posted within twenty (20)feet of the cash register or behind the bar. FAQ's 11140. AVERAGE APPROVAL TIME: Sixty-five (65) to one-hundred five OVERVIEW OF THI LICENSING PROCE http://www.azll.com/lic09.htm 07/31/2006 ADLLC: Arizona Department of Liquor Licenses & Control Page 2 of 2 (105) days. GLOSSARY OF TERMS PERIOD OF ISSUANCE: One (1) year with option to renew. LICENSING FORM: FEES: This is a QUOTA LICENSE, which means there are no new { Series 09 licenses available. It must be purchased privately and the price is based on availability in the county. Once a Series 09 has been purchased, the buyer must apply for a transfer to have the license put in his or her name at the same or another location. Non-refundable person (ownership) transfer fee: $100.00 Non-refundable location transfer fee: $100.00 Fingerprint fee per card: Contact Department Interim Permit fee (not allowed on location transfer): $100.00 Upon approval: Final fees for a person (ownership)transfer: $300.00 Final fees for a location transfer: $100.00 Final fees for a person/location transfer: $400.00 Annual renewal fee (includes SURCHARGE): $120.00 ARIZONA STATUTES AND REGULATIONS: ARS 4-201, 4-202, 4-203, 4-206.01, 4-209(B)(9), 4-209(D)(9), 4- 222, 4-261; Rule R19-1-206, R19-1-214. top of page :<tfslf:aLiiuP9.acf9sc#i!fsltiftpcsf+f?LYift5ii9ttdvwosffsfA??srKwAccffc,7:+pctisf«•6sKi�>•y;tt.?<fsa•`:w.aY..tw.c:;vw:+q,r.>tf!iif'65tfsA>•?dts3tifii.:e:.fttfofr:Ycf9W.t:f•:oa:>�..cfur::?w:frttiatiA'ntsff!rfs>tr.a+>r.r:r:ocfftfxcS•+D;twwtfitufr.w.v:!+.i«.9.MR:iKf<f>ss7:«afrifuv:fff:w:uq, HOME PAGE RENEWALS LICENS NG TRAINING INFORMATION LASS ABOUT DLLC QUERY ADLLC: Arizona Department of Liquor Licenses& Control Copyright;© 1997-2006, all rights reserved. design by Tw http://www.azll.com/lic09.htm 07/31/2006 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL E 400 W Con #521 800 W Washington 5th Floor , �` = f. g Phoenix AZ 85007-2934 .4y�•.� �fY Tucson AZ 85701-1352 4 (520) 628-6595 (602) 542-5141 kl � AFFIDAVIT OF POSTING Date of Posting: 6/27/06 Date of Posting Removal: 7/17/06 MORRIS JASON BARCLAY Applicant Name: Last First Middle 10390 N LA CANADA DRIVE ORO VALLEY 85737 Business Address: Street City Zip License#: 09100262 I hereby certify that pursuant to A.R.S. § 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty(20) days. DEE WIDERO SR. ZONING INSPECTOR 520-229-4800 Print Name of City/County Official Title Telephone# (ja.L.A.6 A 7/Cti 7-72-- Zoe Signature Date Signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim,etc.)or any other related documents. Ifou have anyquestions please call (602) 542-5141 and ask for the Licensing Division. Y Individuals requiring special accommodations please call(602)542-9027 Lic0119 05/2004 3 1 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 16, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: David Ronquillo, Senior Planner • Hearing: Ordinance No. (0) 06 - t2 , OV8-06-02, The WLB Group, representing, SUBJECT. Public Southwest Developmentrequests approval LLC., a roval of a conditional use permit to allow multi- family residential in a commercial district, located in Rancho Vistoso northwest of the Safeway Vistoso Plaza, Parcels 219-54-003A, 223-02-027B and 219-20-052D NATURE OF THE CUP REQUEST: The Oro Valley Zoning Code Revised allows "dwelling units" in a C-1 Commercial District only if a Conditional Use Permit (CUP) is reviewed bythe Planning and Zoning Commission and subsequently authorized by the Town Council. ' ' process enables review of an application with the aim of insuring that the proposed The conditional use permit pp properties and the surrounding area. The compliance analysis section of this use is compatible with the adjacent report describes how the project addresses pertinent Code standards. BACKGROUND: she project site lies within the Rancho Vistoso Planned Area Development (PAD) in proximity to the northeast corner of Rancho Vistoso Boulevard and Tangerine Road. The site abuts the northwest property line of the Safeway Vistoso Plaza. The site consists of 8 acres with a PAD land use designation of C-1, Commercial District. It is currently vacant and undeveloped. conceptualplans for preliminary review on October 2005 prior to the adoption of the The applicant submittedp updated Commercial Code, which became effective on December 10, 2005. The current Zoning Code does not "dwelling units"permit its" in a commerciallyzoned parcel; however, because the applicant submitted preliminary plans to develop the p site prior to the adoption of the new Code, Town staff determined that the applicant was commercial standards. The previous Code allows "dwelling units" as a conditional use subject to the previous subject to the development standards of Section 7-104 (Townhouse Residential). SUMMARY OF THE PROPOSED PROJECT: The applicant's proposal involves request of a conditional use permit to allow "dwelling units" in a commercial district. The proposed project will include the following elements: • A total of 48 townhome units (two stories in height). • single storyclubhouse buildingconsisting of 8,100 square feet and approximately 18' in height. A • A ccess off Rancho Vistoso Boulevard via a shared access drive with the Safeway Vistoso Plaza. • Pedestrian connections linking this project to the adjacent commercial center. TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV8-06-02 Paye 2 SURROUNDING LAND USES: Northwest: Rancho Vistoso PAD, High Density Residential, Existing Subdivision. Southeast: Rancho Vistoso PAD, C-1 Commercial, Safeway Vistoso Plaza. South: Rancho Vistoso PAD, C-1 Commercial, Vacant and Undeveloped. North: Rancho Vistoso PAD, Natural Open Space. COMPLIANCE ANALYSIS: As provided in Chapter 22.5, Use Permits of the OVZCR, Conditional Use Permits may be granted based on consideration of the following criteria: A. That the granting of such conditional use permit will not be materially detrimental to the public health, safety, or welfare. In arriving at this determination, the factors which shall be considered shall include the following: 1. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination; Enabling the use of"dwelling units"will not provide additional nuisances beyond that of the normal operations of the existing adjacent residential subdivision. The following mitigation measures have been incorporated to minimize potential noise nuisances addressed by the neighbors; • A "customized" bufferyard designed with input from the immediately adjacent residential homeowners along the northwest property line will be provided to assure that an adequate screen is achieved. The applicant has agreed to a minimum 20' landscaped buffer with dense vegetation. The specifics (quantity, type and location of trees) have not been determined but will be addressed as part of the Landscape Plan process. Per Code, a landscape buffer is not required. • With regards to headlight glare and vehicular noise, screen walls will be incorporated at the northern end of the northwest/southeast drive aisles in proximity to the residential area. Conditions #1 and #2(a) of Exhibit A address each of the aforementioned items. 2. Hazard to persons and property from possible explosion, contamination,fire or flood; The project would meet all Building Safety requirements for residential occupancies. Hazardous materials are not anticipated as part of this development. 3. Hazard occasioned by unusual volume or character of traffic. The volume of traffic for this subdivision is expected to be low. In fact, it will be a fraction of what a commercial site would generate. Based on the Traffic Impact Analysis report submitted, it was determined by the Town Engineer that no access would be permitted along the Rancho Vistoso Boulevard frontage to serve only this • • TOWN OF ORO VALLEY —OUNCIL COMMUNICATION, OV8-06-02 Page 3 site. A cross access drive to be shared with the Safeway Vistoso Plaza will be achieved along the northern most access point of the commercial center. The Town Engineer will require that this area beimproved im d to allow adequate access and circulation. Condition #3(a) of Exhibit A addresses this q issue. The final for the Safeway Plaza was approved on June 21, 2000 and a condition was specified p stating, "If trafficsignal a is ever justified at the northern most access on Rancho Vistoso Boulevard, the owner shall install it at their expense". The Town Engineer has concluded that the signal is now "justified". Condition#3(b) of Exhibit A addresses this issue. partimprovements a of the traffic im rovements for this area, the Town Engineer will also require that the intersection behind the two commercial buildings (T intersection) be reconfigured to correct sight visibility and traffic hazard concerns. Condition#4 of Exhibit A reflects this requirement. By incorporatingthe aforementioned items, adequate circulation will be achieved and significantly improve the existingtraffic flow and visibility along the northern access drive between the two p properties. B. That the characteristics of the use proposed osed in such use permit are reasonably compatible with types of p uses permitted in the surrounding area. The proposed residential development will have a much lesser impact than a commercial development (a t p will alsoprovide a graduated land use transition between the commercial center and permitted use). It the existing adjacent residential subdivision. The proposed building height hei ht for the townhomes is 25 feet (two stories). The adjacent subdivision consists of homes that are one and two stories in height. The proposed design incorporates mitigation measures to assure landcompatibility use com atibilit with the adjacent subdivision, specifically to mitigate issues addressed by the residents. or abuttin property owners is view and preservation. The following has been The primary issue f g p p y incorporated along the northwest property line to address this issue: • of buildings adjacent to the residential property line have been reduced from the The numberg . design. On theprevious plan, four buildings were grouped parallel with the adjacent previousgn homes along thelengthofthe entire property line. This significantly blocked views across the site from theadjacent adacent homes. On the proposed plan, three buildings are positioned along the however, theyhave been rotated 90 degrees reducing the visible building mass and property line; . view (slices) corridors the northwest property line. Furthermore, the building maintaining along setbacks have increased ranging from 40'-59'. • The finished grade of the four buildings in proximity to the northwest property line will be lowered by approximately5 - 8 feet. The three residential buildings and clubhouse facility in to the residential property line must not exceed the total height of the proximity adjacent horizontal plane measured from the tallest single story home on the abutting site. Condition 5 has been added to Exhibit A. • A 20' customized landscape buffer is provided. TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV8-06-02 Page 4 • The clubhouse building (single story) has been relocated to this area. The aforementioned commitments have been made to satisfy neighbor concerns with regards to elevation (grade, views and arrangement of two story buildings) from the previous design. Please see public comment section for more information on neighborhood meetings. The proposed design also incorporates mitigation measures to assure land use compatibility with the adjacent commercial center. An adequate screen (wall and vegetation) will be provided to further lessen impacts to the Safeway Vistoso Plaza. Conditions #2(b) has been added to Exhibit A. In sum, obtaining a conditional use permit for "dwelling units" will not have any adverse impacts to the adjacent properties based on the mitigation measures proposed. The proposed use would be compatible with the adjacent residential subdivision, commercial center and the surrounding area. As specified in Section 23.7 (R-4, Townhouse Residential District), the following development standards are noteworthy: • The minimum gross land area per dwelling unit is 5,450 square feet. The conceptual plan proposes 48 dwelling units, which is much less than the maximum density permitted. A maximum of 64 units are permitted. • "A setback of not less than 30'shall be maintained for single story structures. An additional depth of ten (10)feet in depth shall be provided for each additional story. A building setback ranging from 45-70' is provided adjacent to the adjacent residential area. • The maximum building height is 25'. The proposed buildings will be two stories (25') with the exception of the clubhouse building, which will not exceed single story(18'). Condition 5 has been added. • No more than 30% of the frontage dwelling units shall have living space above one (1) story in height that is located within 50 feet of any dedicated street or as approved by the Development Review Board. This development abuts Rancho Vistoso Boulevard which is a "dedicated street". All the units adjacent to the road are proposed as two stories. Four of the units within the two buildings are located less than 50', exceeding the 30%. The specifics will be addressed as part of the preliminary plat process. Bufferyards A minimum 25' street frontage bufferyard is required adjacent to Rancho Vistoso Boulevard for residential uses. The proposed bufferyard is only 12' in width and does not conform to Code requirements. The landscaped bufferyard may not be located within a portion of the building property lines. To accommodate the required bufferyard, the buildings must be shifted closer to the internal street and may require minor modifications (building TOWN OF ORO VALLEY .OUNCIL COMMUNICATION, OV8-06-02 Page 5 and street locations) in this area. The specifics will be addressed as part of the Preliminary Plat and Landscape p Plan process. GENERAL PLAN COMPLIANCE: The General Plan designates this area as Neighborhood Commercial/Office; however, the proposed residential use does not meet the land use designation. In this case, the zoning conditionally allows residential. In particular, Policy .21 applies, "To ensure that the built environment is aesthetically pleasing and compatible with the natural pp s . The proposed p development" ro d develo ment incorporates mitigation measures to assure that it is compatible with the adjacent properties and the surrounding area. PLANNING & ZONING COMMISSION ACTION: At their regular July meetingof 6, 2006, the Planning & Zoning Commission voted to approve the conditional use permit for the townhomes, subject to conditions. The conditions will be addressed as part of the subdivision plat process and are specified in Exhibit A. Condition #3(a) has been modified since the Planning & Zoning Commission recommendation was made (see discussion below in"Other Considerations"). PUBLIC NOTIFICATION AND COMMENT: Iro ert owners within 600 feet of the site have been notified of the public hearing in accordance with the P p y rown notification requirements. To date, numerous residents have come forward with significant issues and concerns. The applicant has held three neighborhood meetings and the purpose of each meeting has been to provideopportunity residents an o ortunit to understand the project elements and discuss any issues. All meetings have been facilitated by staff. The first meeting was held on May 15 and the following major concerns were raised. • Compatibility of use • Elevations (grade, views and arrangement of two story buildings) • Safety(traffic,pedestrians and fire access) • Nuisances (noise, dust, lighting and construction impacts) • Landscaping adjacent to homes On Juneneighborhoodmeeting 5, a second was held. At this meeting, the applicant continued to address the previousneighbor concerns andby the end of the meeting it was clear that the key issue still unresolved was elevation(grade, views and arrangement of buildings). June 20, a third neighborhood meetingwas held. In an effort to address the neighbors concerns, the applicant On g concept plan,a preliminaryp which reconfigured the majority of the site adjacent to the residential homes. The buildinglocations were positioned in a manner to maintain view corridors and preserve neighbor views. At g end of the meeting, thneighbors were still unclear of the exact grade of the site as viewed from their the , e erties. To further clarify the grade and building heights, the applicant agreed to provide poles on the site to itelp residents understand what would be seen from their back yards (building locations and height). A site visit with the neighbors was held on June 29. Based on this site visit, several neighbors still had concerns with the setbacksrovided alongtheproperty line, specifically along the northwestern portion of the site. p TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV8-06-02 Page 6 OTHER CONSIDERATIONS: Traffic safety and access considerations for this development remain a concern. The developer initially requested approval of a separate access point onto Rancho Vistoso Boulevard primarily with the intent of providing a private and aesthetically pleasing entrance to the residential development separate from the entrance to the rear of the Safeway Center. The Town Engineer was unable to support that configuration due to safety and access management considerations. Such an access road would create conflicts with the Safeway access and require U- turns at Woodbourne Avenue. Per the conditions, a new traffic signal will be required to provide access both to this residential development and Safeway. The plan that the Planning & Zoning Commission reviewed, and recommended approval of, showed this joint access with new landscape treatments and an angled approach into the subdivision to downplay the visual effect of entering the subdivision from the rear of the Safeway Center. At this time, staff emphasizes that the CUP considerations are about whether this residential use is appropriate at this commercially zoned location. Specific design of the access drive should be determined through the subdivision platting process based on sound engineering and design principles. Condition 3(a) has been reworded to clarify this point. SUMMARY OF FACTORS: Factors For 1. Meets all the OVZCR Criteria for Use Permits. 2. Meets all the applicable General Plan Policies. 3. The applicant has proposed mitigation measure to address neighbor concerns. 4. The intensity of the development provides a good transition between the existing single family subdivision to the northwest and the C-1 Commercial District uses to the southeast. 5. The Planning & Zoning Commission recommended conditional approval, subject to the conditions in Exhibit A. Factors Against 1. None. SUGGESTED MOTIONS: I move to [approve, approve with conditions, OR deny] Ordinance No. (0) 06 - 12 , OV8-06-02 Conditional Use Permit to allow multi-family residential in a commercial district with the conditions listed in Exhibit A. TOWN OF ORO VALLEY OUNCIL COMMUNICATION, OV8-06-02 Page 7 Attachments: 1. Exhibit A 2. Ordinance No. (0) 06 - 12 , 3. Concept Site Plan cc: Ken Samson, 229-1766 Peggy Rau, 881-7492 c 7/Z-1-Z*)t Planning & Zonin d /ini rator ,d,Lti Co nity De lop ent rector ' ( /& //f /1-"‘ o n-er UAtil-4? Asst Town M., . 4-r , / / �, A-- r. . _ ., 4 III own Manager 1 EXHIBIT A OV8-06-02 KS CLASSIC HOMES 1. A minimum 3'- 6" high screen wall must be placed at the northern end of the north/south drive aisles in . ' proximity to the residential property line to mitigate headlight glare. 2. The following bufferyards must be provided: a. The 20' landscaped area indicated on the site plan must be provided along the northwest property line adjacent to the residential area. The adjacent property owner's must be consulted regarding the type, quantity and location of vegetation within this area. The specifics must be addressed during the landscape plan process. b. A minimum 15' landscaped bufferyard must be provided adjacent to the Safeway Vistoso Plaza property line. A 6'- 8' high wall (depending on the final grade) and an overlapping tree canopy must be provided extending the entire length of the buildings adjacent to the commercial center. A wall opening to provide a pedestrian connection shall be established, specifically along the northeastern edge of the site. The specifics must be addressed during the landscape plan process and wall heights are subject to DRB review. 3. The following improvements must be achieved: a. The northern access into the Safeway Vistoso Plaza shall be reconfigured to primarily serve the Safeway Vistoso Plaza and allow secondary access to the proposed multi family development. The design of this area will be finalized during the preliminary plat process and shall meet the requirements and approval of the Town Engineer. Approval of this access shall be required from the Management Company for the Safeway Vistoso Plaza. b. Prior to the issuance of any building permits, a signal at the intersection of Avenida Samsonia(the northern Safeway entrance) and Rancho Vistoso Boulevard must be installed and in working order. All construction shall meet the requirements of the Town Engineer. 4. The intersection along the northern access drive of the Safeway Vistoso Plaza between the two existing buildings abutting this site must be reconfigured to fix the sight visibility deficiencies of the "T" intersection to the satisfaction of the Town Engineer. The details must be addressed during the development plan and improvements made prior to issuance of any Building Permit. 5. The three residential buildings and clubhouse facility in proximity to the adjacent residential property line must not exceed the total height of the horizontal plane measured from the tallest single story home on the abutting site. 6. Passive rain water harvesting to supplement irrigation and plantings must be provided on this site to reduce water consumption. At a minimum, grading must be done in a manner to insure water harvesting to the golf course. Furthermore, roof drainage from all adjacent structures must be directed to water the turf area. The techniques and methods for conservation must be reviewed by the Town Water Conservation Specialist during the Development Plan and Landscape Plan process and approved by DRB. 7. The design of the Preliminary Plat must be in substantial conformance with the site plan submitted as part of the conditional use permit. ORDINANCE NO. (0) 06- 12 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW MULTI FAMILY RESIDENTIAL IN A COMMERCIAL DISTRICT, LOCATED IN RANCHO VISTOSO NORTHWEST OF THE SAFEWAY VISTOSO PLAZA, PARCELS 219-54-003A, 223-02-027B AND 219-20- 052D WHEREAS, The WLB Group, representing Southwest Development LLC., requests approval of a Conditional Use Permit (CUP) to allow multi family residential in a Commercial District, with an underlying land use designation within the Rancho Vistoso PAD of C-1 Commercial District; and WHEREAS, the Planning and Zoning Commission reviewed said CUP request at a duly noticed Public Hearing on July 6, 2006 in accordance with State Statutes, and having made its unanimous recommendation of approval with conditions to the Town Council; and WHEREAS, the Oro Valley Town Council has duly considered the CUP request and the Planning and Zoning Commission's recommendation and conditions at a Public Hearing and finds that it is consistent with the Town's General Plan and other Town Ordinances; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: %NW SECTION 1. That the CUP to allow multi family residential in a commercial district be granted per Section 22.5 of the Oro Valley Zoning Code Revised (OVZCR) and that all applicable development standards in the OVZCR and the conditions attached as Exhibit A shall apply thereto said property. SECTION 2. That this ordinance and the various parts thereof are hereby declared to be revocable. If any section, sub-section, sentence, clause,word or phrase of this ordinance is, for any reason,held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 16th day of August, 2006. Paul H. 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'1 ,, 1 4: i&:i.;:4§Lv*:?-1;-:%:-;:.;:e o * ,o iIiiii 0 '* * ' \''' 60 Q—J� n • ——- 6-3 n digTi Z O 11i III p � t II pp tJl 1 ',I -�I . ,.,7;,,,,,,;,40—..;:;...,.;_,,,:::„:,,,,,,„0„,,,:ic,,,,,,_,.:.,...,:-, ' .04,,, O Classics at Vistoso Concept 2 1,85050\Nelgh5\Parcel U\Classics at Rancho Vistoso\Concept Design\Classics Concept 2 Exhibit.dwg Plotted.Jun.20,2006 • • TOWN OF ORO VALLEY 4 COUNCIL COMMUNICATION MEETING DATE: August 16, 2006 TO: HONORABLE MAYOR& COUNCIL FROM: David Ronquillo, Senior Planner SUBJECT: Public Hearing: Ordinance No. (0) 06 - 13 , 0V8-06-03, Sayler-Brown Bolduc Lara Architects LLC., representing Oracle Linda Vista Investors LLC., requests approval of a conditional usep ermit for a Starbucks coffee drive through area, located on the northeast corner of Oracle Road and Linda Vista Boulevard, Parcel 244-31-0100 NATURE OF THE CUP REQUEST: Zoning Section 23.3 of the Oro ValleyCode Revised (OVZCR) allows "convenience uses" in a C-1 Commercial District only if a Conditional Use Permit (CUP) is reviewed by the Planning and Zoning Commission and subsequently authorized by the Town Council. The conditional use permit process enables review of an application with the aim of insuring that the proposed use is compatible with the commercial center and the surrounding area. The compliance analysis section of this report describes how the project addresses pertinent Code standards. BACKGROUND: heJro'ect site lies within the El Corredor Development, which was approved by Town Council as a P Development Plan in 1991. Originally, the project was planned to be developed in five (5) phases. To date, p only one phase (office building) has been completed on the northwest portion of the site. Phase 2 is located on the southwest corner of the property and will consist of a retail building. Since a Development Plan has been previously approved for the entire site, subsequent development plans are not required unless significant changes are proposed within each phase. Based on a preliminary review of this phase, proposed the changes maintain the intent of the original plan (parking, circulation and square footage); therefore, the changes are considered minor in nature. The applicant is expected to submit a formal revised development plan for administrative approval. — SUMMARY OF THE PROPOSED PROJECT: applicant's proposal involves a conditional usepermit request to allow the drive through area, which is The p p q considered a"convenience use". The proposed project will include the following elements: • A single story 8,400 square foot retail building. The Starbucks will encompass approximately 1,951 square feet of this building. Other uses within this building will include, a dry cleaners, salon/spa and deli restaurant. • An off-street parking lot providing sufficient vehicular parking. • Adequate vehicle circulation through the site and the adjacent phases. • Pedestrian connections linking this project to other lots. In general, the development is in conformance with the C-1, Commercial District standards. TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV8-06-03 Page 2 SURROUNDING LAND USES: 1411 North: C-1, Commercial District, Proposed Commercial Development (Chuy's Restaurant and Office Building). South: PS&C, Private Schools & Churches, Pusch Ridge Christian Academy. East: R1-43, Single Family Residential, Pusch Ridge Estates. West: C-N, Neighborhood Commercial, Undeveloped (across Oracle Road). COMPLIANCE ANALYSIS: As provided in OVZCR Chapter 22.5 Use Permits, Conditional Use Permits may be granted based on consideration of the following criteria: A. That the granting of such conditional use permit will not be materially detrimental to the public health, safety, or welfare. In arriving at this determination, the factors which shall be considered shall include the following: 1. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination; Enabling the use of the Starbucks drive through area will not create such nuisances beyond that of the normal operations of a typical commercial building. An adequate vegetative screen has been provided in accordance with Code requirements adjacent to the ordering/menu board, pick ur window and queuing area to minimize noise nuisances. The specifics will be addressed as part c the landscape plan. 2. Hazard to persons and property from possible explosion, contamination,fire or flood; The project must meet all Building Safety requirements for commercial occupancies. Hazardous materials are not anticipated with this use. 3. Hazard occasioned by unusual volume or character of traffic. Traffic to the site will be from Oracle Road and Linda Vista. Adequate circulation and parking is provided within this lot to accommodate the propose use and future cross access to the adjacent phases. The queuing area for the drive through provides adequate vehicle storage and is positioned in a manner to minimize traffic conflicts. The Engineering Department will require a revised Traffic Impact Analysis (TIA) report and further improvements along Linda Vista Boulevard per the approved development plan. Conditions 1 & 2 of Exhibit A have been added. B. That the characteristics of the use proposed in such use permit are reasonably compatible with types of uses permitted in the surrounding area. • TOWN OF ORO VALLEY ON .OUNCIL COMMUNICATION, OV8-06-03 Page 3 window and queuingarea will be located on the north and east sides of the The Starbucks drive through will be provided to minimize views from Oracle Road and building. As mentioned previously, screening within the internal commercial center. The specifics will be addressed as part of the landscape plan. In the future,businesses within this center will most likely include typical commercial uses. The closest adjacent t commercial buildings will be located approximately 140-150 feet away to the north and east. The closest residential home is located approximately 620 feet away to the east. Obtaining a use permit for the drive through area will not have any adverse impacts to the surrounding area and thero osed use would be compatible within the future commercial center. p p As provided in OVZCR Chapterrequirements R 25.1, for specific uses, the following requirements are noteworthy; • No external speakers for row h p drive thurposes,piped-in ambiance music that is not discernible exce t pg (less than 40 decibel)from onsite property lines". Additional information must be provided to assure that the outdoor speaker(s) in the ordering/menu will comply with this requirement. This will be addressed as part of the Development Plan board p y q review. • No convenience use shall be located closer to an residential district than 250 feet. The proposed buildingis approximately 620 feet to the closest residential home to the east. p p pp y • No convenience use shall be located closer to any public park or school than 500 feet. Pusch Ridge Christian Academy is located approximately 1200 feet away to the south. • All convenience uses shallp rovide access points to the internal circulation driveways and parking areas of the center unless otherwise approved by the Town Council. The proposed development provides adequate circulation and access drives within the site and to the p p p adjacent lots. GENERAL PLAN COMPLIANCE: The General Plan designates this area as Commercial, which allows for the proposed use in a commercial center. icular, Policyapplies, "To ensure that the built environment is aesthetically part � 2.1 pp � pleasing and compatible with the natural surroundings". The Starbucks drive through area is located adjacent to Oracle Road and adjacent nt to other future businesses within the commercial center. The proposed use is compatible with the surrounding area. PLANNING& ZONING COMMISSION ACTION: • gu July t their regular meetingof 6, 2006, the Planning & Zoning Commission voted to conditionally approve the applicant's request. The conditions have been included in Exhibit A. TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV8-06-03 Page PUBLIC NOTIFICATION AND COMMENT: All property owners within 600 feet of the site have been notified of the public hearing in accordance with the Town notification requirements. No public comments have been received. SUMMARY OF FACTORS: Factors For 1. Meets all the OVZCR criteria for Use Permits. 2. Meets all the applicable General Plan Policies. 3. The Planning&Zoning Commission recommended conditional approval. Factors Against 1. None SUGGESTED MOTIONS: I move to [approve, approve with conditions, OR deny] Ordinance No. (0) 06 - 13 , OV8-06-03 Conditional Use Permit for the Starbuck's drive through area. Attachments: 1. Exhibit A 2. Ordinance No. (0) 06 - 13 3. Concept Site Plan 4. Concept Landscape Plan i cc: Eddie Vergara, 620-0535 arming and Z. 'n ' dministrator/ / 0C% unity -v: op - Director /\ Alik To n ineer ,, .a..A4,4 As rt Town Mars ger / i Town Manager • EXHIBIT A OV8-06-03 STARBUCKS 1. Provide an update to the original orgenerate a new Traffic Impact Analysis (T.I.A) which analyzes the pp changes from a Financial Institution to Retail, Food, and Service uses as presently proposed within this C.U.P. This T.I.A. shall address the required improvements for Linda Vista Blvd. due to the master Development Plan and the adjacent school's traffic requirements. The developer shall coordinate the Linda Vista Blvd. improvement recommendations with the Pusch Ridge Christian Academy. 2. Linda Vista Blvd shall be improved per the existing Development Plan, OV12-90-07 and the included recommendations from the updated T.I.A. All improvements to Linda Vista Blvd. shall require the approval of the Town Engineer. ORDINANCE NO. (0) 06 - 13 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, REQUEST FOR A CONDITIONAL USE PERMIT FOR THE STARBUCKS DRIVE THROUGH AREA WITHIN THE EL CORREDOR DEVELOPMENT, LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND LINDA VISTA BOULEVARD, PARCEL 224-31- 0100 WHEREAS, Sayler-Brown Bolduc Lara Architects LLC., representing Oracle Linda Vista Investors LLC., requests approval of a Conditional Use Permit (CUP) for the Starbucks drive through area with an underlying zoning designation of C-1 Commercial District; and WHEREAS, the Planning and Zoning Commission reviewed said CUP request at a duly noticed Public Hearing on July 6, 2006 in accordance with State Statutes, and having made its unanimous recommendation of approval with conditions to the Town Council; and WHEREAS, the Oro Valley Town Council has duly considered the CUP request and the Planning and Zoning Commission's recommendation and conditions at a Public Hearing and finds that it is consistent with the Town's General Plan and other Town Ordinances; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. That the CUP for the Starbucks drive through area within the El Corredor Development be granted per Section 22.5 of the Oro Valley Zoning Code Revised (OVZCR) and that all applicable development standards in the OVZCR and the conditions attached as Exhibit A shall apply thereto said property. SECTION 2. That this ordinance and the various parts thereof are hereby declared to be revocable. If any section, sub-section, sentence, clause,word or phrase of this ordinance is, for any reason,held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 16th day of August, 2006. Paul H. Loomis,Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM Melinda Garrahan, Town Attorney N n ,. 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Lc') •(•.' c,") t,',' (G'.; `,;',•0 ei a. .,.. al spz oig -SI), c>igrn ii. ''' P.35' T3i ' , . . i,) E) 0 0 0 0 2 2 i,- ,,,,-i -''. * `,-2, ; ,-,- a- .. . . . . . .e, g- g- g9ig' fgg rc; ,-, f zi , . . . . . . 5 ;'ig:,-,,Vg-<•;.•z,,'Z',',1,'Q.Q.c4 , t. L., . _, _,. t ,,,,, g t; t , , ,,,,,, , ,,, ,,,, ,L, ,,,,,,, -., , ,, JJ t.,,,,,...,,, g. 9,2F.al w' , ....:...... ............ swats IVY 32.12 Mal 4) FA . g Z ,0 go,s T TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: AUGUST 16, 2006 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Scott L. Nelson, Special Projects Coordinator SUBJ: PUBLIC HEARING REGARDING REQUEST TO ANNEX APPROXIMATELY 188 ACRES OF UNINCORPORATED TERRITORY LOCATED SOUTH OF STONE CANYON AND NORTH OF LA CHOLLA AIRPARK OF THE CURRENT TOWN LIMITS.THE LEGALLY DESCRIBED AREA AS ATTACHED, AND KNOWN AS ANNEXATION AREA L. SUMMARY: On June 21, 2006, Mayor and Council voted to initiate the annexation process for el 188 acres of unincorporated territory located south of Stone Canyon and approximately p north of La Cholla airpark of the current town limits. This annexation is in compliance the Oro ValleyGeneral Planningarea, Oro Valley Resolution No. (R) 03-06, Oro with ValleyPolicy for Annexation of Unincorporated Land, and pursuant to Arizona State law. In accordance with ARS § 9-471(A) (1), the blank petition, map, and legal description were filed with the Pima County Recorder on July 25, 2006. Once the blank petition, map, legaldescription descri tion are filed, a 30-day waiting period begins, during which time a public hearingmust be held. In addition, we have completed the process of following the state law requirements regarding notification at least 6 days prior to the public q hearingand at least 15 days before the end of the 30-day waiting period. The _,. notification process is as follows: 1. Publish notice of public hearing in The Daily Territorial newspaper. 2. Post the notice ofp ublic hearing in at least three conspicuous places on the property proposed to be annexed. 3. Mail the notice ofp ublic hearing by first class mail to the property owners in the territory considered for annexation. 4. Mail the notice ofp ublic hearing to the Chairman of the Pima County Board of Supervisors. FISCAL IMPACT: Net fiscal impact for 1 year is $14,680; for 10 years $185,694. ATTACHMENTS: 1. ARS § 9-471, Annexation of territory; procedures; notice; petitions; access to information; restrictions 2. Map and legal description of proposed Annexation "Area L" 3. Letters of request from area residents dated March 01, 2006 4. Fiscal Impact Analysis developed by Finance Department. I SUGGESTED MOTION: No action is required at this time. At —f:gte r - 4 et Scott L. Nelson Special Projects Coordinator I I _ _ Chuck Sweet Town Manager 9-4/1 - Annexation or territory; proceaures; notice; petitions; access to lrnorlrlaLluu; 1csl.i1... r arc I VI-r 9-471. Annexation of territory- procedures: notice;petitions: access to informations restrictions required to extend and increase the corporate limits of a city or town by A. The following procedures are req annexation: 1. A city or town shall file incounty the office of the recorder of the county in which the annexation is proposed a blank petition required byparagraph 4 of this subsection setting forth a description and an accurate map of all the exterior boundaries of the territory contiguous to the city or town proposed to be of the filing shall be given to the clerk of the board of supervisors and to the annexed.Notice and a copy county assessor. The accurate map shall include all county rights-of-way and roadways with no taxable value that are within or contiguous uous to the exterior boundaries of the area of the proposed annexation. If state land utilized as state rights-of-way state land, other than or land held by the state by tax deed, is included in the territory, approval written a roval of the state land commissioner and the selection board established by section 3 7-202 shall also be filed. 2. Signatures on petitions filed for annexation shall not be obtained for a waiting period of thirty days after filing the blank petition. the blankpetitionpursuant to paragraph 1 of this subsection, the governing body of the 3. After filing town shall hold apublic hearingwithin the last ten days of the thirty day waiting period to city or annexation proposal. The public hearing shall be held in accordance with the provisions of discuss the p p title 38, chapter 3, article 3.1, except that, notwithstanding the provisions of section 38-431.02, p p subsections Cfollowing and D, the notices of the public hearing to discuss the annexation proposal shall be given at least six days before the hearing: Publication at least once in a newspaper of general circulation, which is published or circulated in the Illow (a) . . cityor town and the territoryproposed to be annexed, at least fifteen days before the end of the waiting p p period. in at least three cons icuous public places in the territory proposed to be annexed. (b) Posting p (c) Notice byfirst class mail sent to the chairman of the board of supervisors of the county in which the territory proposed to be annexed is located. (d)Notice by first class mail with an accurate map of the territory proposed to be annexed sent to each owner of the real andpersonal property as shown on the list furnished pursuant to subsection G of this p p sectionsubject that would be subect to taxation by the city or town in the event of annexation in the territory proposed to be annexed. For the purposes of this subdivision, real and personal property includes � mobile, modular and manufactured homes and trailers only if the owner also owns the underlying real property. 4. Within oneY ear after the last day of the thirty day waiting period a petition in writing signed by the owners of one-half or more in value of the real and personal property and more than one-half of the persons owningrealand personal property that would be subject to taxation by the city or town in the p p event of annexation, as shown bythe last assessment of the property, may be circulated and filed in the includes office of the countyrecorder. For thepurposes of this paragraph, real and personal property mobile, modular and manufactured homes and trailers only if the owner also owns the underlying real property. or reducingthe territorysought to be annexed shall be made after a petition 5. No alterationsincreasing http: g.state.az.us/ars/9/00471.htm?printformat=yes.state.az.us/ars/9/00471.htm?printformat=yes 7/28/2006 9-471 - Annexation of telTitory; procedures; notice; petitions; access 10 iniorruaLtull, leSLII... rage L, ui -t has been signed by a property owner. 6. The petitioner shall determine and submit a sworn affidavit verifying that no part of the territory for which the filing is made is already subject to an earlier filing for annexation. The county recorder shall not accept a filing for annexation without the sworn affidavit. VIP B. All information contained in the filings, the notices, the petition, tax and property rolls and other matters regarding a proposed or final annexation shall be made available by the appropriate official for public inspection during regular office hours. C. Any city or town, the attorney general, the county attorney, or any other interested party may upon verified petition move to question the validity of the annexation for failure to comply with the provisions of this section. The petition shall set forth the manner in which it is alleged the annexation procedure was not in compliance with the provisions of this section and shall be filed within thirty days after adoption of the ordinance annexing the territory by the governing body of the city or town and not otherwise. The burden of proof shall be upon the petitioner to prove the material allegations of his verified petition. No action shall be brought to question the validity of an annexation ordinance unless brought within the time and for the reasons provided in this subsection. All hearings provided by this section and all appeals therefrom shall be preferred and heard and determined in preference to all other civil matters, except election actions. In the event more than one petition questioning the validity of an annexation ordinance is filed, all such petitions shall be consolidated for hearing. If two or more cities or towns show the court that they have demonstrated an active interest in annexing any or all of the area proposed for annexation, the court shall consider any oral or written agreements or understandings between or among the cities and towns in making its determination pursuant to this subsection. D. The annexation shall become final after the expiration of thirty days from the adoption of the ordinance annexing the territory by the city or town governing body, provided the annexation ordinance has been finally adopted in accordance with procedures established by statute, charter provisions, or local ordinances, whichever is applicable, subject to the review of the court to determine the validity thereof if petitions in objection have been filed. E. For the purpose of determining the sufficiency of the percentage of the value of property under this section, such values of property shall be determined as follows: 1. In the case of property assessed by the county assessor, values shall be the same as shown by the last assessment of the property. 2. In the case of property valued by the department of revenue, values shall be appraised by the department in the manner provided by law for municipal assessment purposes. F. For the purpose of determining the sufficiency of the percentage of persons owning property under this section, the number of persons owning property shall be determined as follows: 1. In the case of property assessed by the county assessor, the number of persons owning property shall be as shown on the last assessment of the property. 2. In the case of property valued by the department of revenue, the number of persons owning property shall be as shown on the last valuation of the property. 3. If an undivided parcel of property is owned by multiple owners, such owners shall be deemed as one 411111 http://www.azleg.state.az.us/ars/9/00471.htm?printformat=yes 7/28/2006 9-411 - Annexation of territory; proceaures; notice; pennons; access LU1I11UrmatiUI1, i csu i... r arc 3 ui -r owner for the purposes of this section. 4. If a owns multiple lti le parcels of property, such owner shall be deemed as one owner for the iota., p p purposes of this section. G. The countyassessor and the department of revenue, respectively, shall furnish to the city or town . . . an annexation within thirty days after a request therefor a statement in writing showing the proposing owner, the address of each owner and the appraisal and assessment of all such property. H. Territoryis not contiguous for the purposes of subsection A, paragraph 1 of this section unless: g 1. It adjoins the exterior boundary of the annexing city or town for at least three hundred feet. 2. It is, at allp oints, at least two hundred feet in width, excluding rights-of-way and roadways. 3. The distance from the existing boundary of the annexing city or town where it adjoins the annexed territoryto the furthest point of the annexed territory from such boundary is no more than twice the maximum width of the annexed territory. I. A city or town shall not annex territory if as a result of such annexation unincorporated territory is completely surrounded by the annexing city or town. J. Notwithstanding any provisions of this article to the contrary, any town incorporated prior to 1950 which had apopulation of less than two thousand persons by the 1970 census and which is bordered on at least three sides by Indian lands may annex by ordinance territory owned by the state within the same iltior county for a new townsite which is not contiguous to the existing boundaries of the town. K. Thep rovisions of subsections H and I of this section shall not apply to territory which is surrounded by same the city or town or which is bordered by the same city or town on at least three sides. L. A cityor town annexingan area shall adopt zoning classifications which permit densities and uses no . greater than those permitted by the county immediately before annexation. Subsequent changes in zoningof the annexed territoryshall be made according to existing procedures established by the city or town for the rezoning of land. M. The annexation of territory within six miles of territory included in a pending incorporation petition filed with the county recorder pursuant to section 9-101.01, subsection C shall not cause an urbanized area to exist pursuant to section 9-101.01 which did not exist prior to the annexation. N. As an alternative to therocedures established in this section, a county right-of-way or roadway with p no taxable real property may be annexed to an adjacent city or town by mutual consent of the governing bodies of the county and city or town if the property annexed is adjacent to the annexing city or town for the entire length of the annexation and if the city or town and county each approve the proposed g annexation as a published agenda item at a regular public meeting of their governing bodies. 0. On or before the date theg overning body adopts the ordinance annexing territory, the governing bodyhave shall approved a plan, policy or procedure to provide the annexed territory with appropriate pp levels of infrastructure and services to serve anticipated new development within ten years after the date kik., when the annexation becomes final pursuant to subsection D of this section. http://www.azle .state.az.us/ars/9/00471.htm?printformat=yes 7/28/2006 g 9-471 - Annexation of territory; procedures; notice; petitions; access to information; restri... rage 4+ or =+ P. If a property owner prevails in any action to challenge the annexation of the property owner's property,the court shall allow the property owner reasonable attorney fees and costs relating to the action from the annexing municipality. NW) Q. A city or town may annex territory that is a county owned park or a park operated on public lands by a county as part of a management agreement if otherwise agreed to by the board of supervisors. If the board of supervisors does not agree to the annexation, the county owned park or park operated on public lands by a county as part of a management agreement shall be excluded from the annexation area, notwithstanding subsections H and I of this section. A county owned park or park operated on public lands by a county as part of a management agreement that is excluded from the annexation area pursuant to this subsection may subsequently be annexed with the permission of the board of supervisors notwithstanding any other provision of this section. For the purposes of this subsection, "public lands": 1. Has the same meaning prescribed in section 37-901. 2. Does not include lands owned by a flood control district. Noid http://www.azleg.state.az.us/ars/9/00471.htm?printformat=yes 7/28/2006 • LEGAL DESCRIPTION ANNEXATIONAREA L-2006 The East Half and the Southwest Quarter of the Southwest Quarter of the Northwest, The South Half of�► w st Quarter, Quarter, The Southeast Quarterf the North The Southwest Quarter of the Northeast Quarter, The South Half of thNorthwest� Qt Half of the Southeast Quarteuarter of the Northeast r of the Northeast The Southeast Quarter Quarter and The Southwest Quarter of the Northeast Quarter of the Northeast Quarter of Section 22, Township 11 South, Range 13 East, Gila And Salt River Meridian, Pima County, Arizona. Containing 188 Acres, More Or Less 63'24530 `c:;(1 �\ Prepared by '� DAVID A. David A. Rhine,Kis RwNE D AZTEC Land Surveying, Inc. �S, ., _. • . _, _______ . ...„0„ N'" 'it2 � sr, �.„...,,, 0 c„,s Al. i, I '"4 4 1 pr4 pp 1 ri,rr Ml N U .. . '_ t i r ti ai) 42 EY. K3 -__,Vabr. 1.\\ ' \tios AV- g - g , ?\\ ..4,. - .e.:2 );\ _ Aii, '114Se\_ ,..„ ,...., �, . _..as_92 �� y ,.......-............---N .___x , ,:, -, -_,.,... ,1,, rl C:1 %.. (I) QD s\ N ,— , hbi_. 0 '' Ic\') '671 Nrtinr' �i•. mon 00 � � �\ • O �7n _ �7 "-< .,_ Z \ Xi ,:-- Crl 4c) \ 'e Nito,. 111 11 lik ..4(LI. :7,, .....1 s:: IV .)'` 10 (i) \. viN lr . ,' c' Cs -A 1, Z1 \h, . 0-1 bi 0 z ri C/) 1\ 0 r-n gl --i -.1:3 -6 K 4 it 0 co z 1.6.' 9 trzi r,, r43,4?-_ 1,3 0'3 (C tl - 1\6 N b. — — — A rld Z 'C z:3 litalak . IS .,_.' 0 tl ta, bi < tgi ti . (-?)2 bi (i ,:, .._, t- -9 , • o o (Th 0 , .-i ri Zi tk0 'M 0 Z) ANI4 ' "'"' ‘" '14-‘1.-- NIk, z rcj 11 0 y — — — ‘ ''' 0 . N‹ k‘ ,,. — ...tC III tti o ,r- , Z � Z �l I O (.) : _ f.:______..... ,A _ .•,. 4s,... A i-; , \..,.‘,, : i 0.,r_ ,,,‘ ....k 7 '''_,M ;c March 01, 2006 ortk Town of Oro Valley 11000 N. La Ca nada Drive Oro Valley, AZ 85737 Attention: Chuck Sweet Town Manager Mr. Sweet, I formally request that my property located at: 14260 N. Hawk Canyon Tucson, AZ 85742 Parcel ID## 219-15-003B Legal Description: S2 SW4 NE4 NW4 5 AC SEC 22-11-13 Legal Be annexed into the town of Oro Valley. Sincerely, 0.-4610 I Charles& Amy Dinklenbuc . Libertyville, IL 60048 [T 2213SpOttI!~ '�rieijf�4tiR7 .r. :IS . V March 01, 2006 111 Town of Oro Valley 11000 N. la Canada Drive Oro Valley, AZ 85737 Attention: Chuck Sweet, Town Manager Mr. Sweet, I formally request that my property located at: 14215 N. Skyhawk Drive, Tucson, AZ 85742 Parcel ID# 219-16-006B Legal Description: E273.13' SE4 NW4 NE4 4.13 AC SEC 22-11-13 Be annexed into the town of Oro Valley. Sincerely, 10 VAC i /ba ory& Pamela Ayers -- - - Tucson, AZ 85742 22E; ii 2:47 TOL a March 01, 2006 Town of Oro Valley 11000 N. la Canada Drive Oro Valley, AZ 85737 Attention: Chuck Sweet, Town Manager Mr. Sweet, I formally request that my property located at: 14100 N. La Cholla Blvd, Tucson, AZ 85742 Parcel ID#219-16-010B Legal Description: S2 NW4 SW4 NE4 5 AC SEC 22-11-13 Be annexed into the town of Oro Valley. Sincerely, ` 1610, Anthony &Lois Glorioso il f 22 ?EpH 2IOU March 01, 2006 • Town of Oro Valley 11000 N. la Canada Drive Oro Valley, AZ 85737 Attention: Chuck Sweet, Town Manager Mr. Sweet, I formally request that my property located at: 14260 N. Hawk Canyon Trail, Tucson, AZ 85742 Parcel ID# 219-15-003A Legal Description: N2 SW4 NE4 NW4 5 AC SEC 22-11-13 Be annexed into the town of Oro Valley. incerel , •Richard Walton f - - -- - -- — — -- . Tucson, AZ 85741 • 226Pt 2:47 i OU fi i kt March 01, 2006 Ph' Town of Oro Valley 11000 N. la Canada Drive Oro Valley, AZ 85737 Attention: Chuck Sweet, Town Manager Mr. Sweet, I formally request that my property located at: 14050 N. Hawk Canyon Trail, Tucson, AZ 85742 Parcel ID# 219-15-012B Legal Description: N329.81' SE4 SW4 NW4 4.98 AC SEC 22-11-13 Be annexed into the town of Oro Valley. Sincerely, k I L IF Judit Goodrode -- San Jose, CA 95118 Mill 22'63;:... 2:47 IOU March 01, 2006 1 1 Town of Oro Valley 11000 N. La Ca nada Drive 3 Oro Valley, AZ 85737 Attention: Chuck Sweet Town Manager Mr. Sweet, I formally request that my property located at: 14000 N. Hawk Canyon Trail Tucson, AZ 85742 Parcel FIN 219-15-012A Legal Description: S329.81' SE4 SW4 NW4 5.02 AC SEC 22-11-13 Be annexed into the town of Oro Valley. 11) Sincerely, r 40 c jarpte..: .--,,-, -A : -r., A t\ // )472.7) { , -. .i 'chael & Ocelia Santoro- Tucson, AZ 85742 22i6P 24? IOU F 1111 March 01, 2006 Town of Oro Valley 11000 LaCanada Drive Oro Valley, AZ 85737 Attention: Chuck Sweet Town Manager Mr. Sweet, I formally request that my property located at: 14055 N. Hawk Canyon Trail Tucson, AZ 85742 Parcel ID# 219-1. -010A Legal Legal Description: (1///aKV 1;1 t/L--._ ieWil a- Ow wik,y Sincerely, Michael & Sheila Smith • fiR1 22ISPti 2:47 TOV 1110 March 01, 2006 Town of Oro Valley 11000 LaCanada Drive Oro Valley, AZ 85737 Attention: Chuck Sweet Town Manager Mr. Sweet, I formally request that my property located atfd .1( arIce Pe,--11 LIC 14120 N. SkyHawk Dr rolo Tucson, AZ 85742 ,b7e info down 07C C9/7). Parcel ID# 219-16-0150 Legal Description: 110 Sin erely, Therese Perrow -fl co C: Cn CO - CD CD CD x cD 0 o �, = -� -t a CD cn 0tw 0 n o , c r- IOD (I) ( D cr, E. E v v - ov o m c) CD CD c 3 m cD QJ o v T. Cn 3CU x 2 c. �- X Cl) cD N CD n' x CCA CD CD CD V% 3 cn CD cQ CD Q. Cl Q a cn i' '. c CD CD -n CD 0 U: cincD o D cn c� Co — axi iair U EA EA EA EP 3 m o -v 0 -3 NO 71 Urn CO QD N Ni CD , -co Ni U1 Cn A O O 0 CD ;CD 00 -4 v O CJS 00 --4N C3) Ni C3) CD -,J3 y v O v Ni 01 -. Cb C3) CO :Q. 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Co o — C)azt m Q° • Tmm co N Cv n • O. • cn cD x o � �ar c D � • 7 Z 0 0 a> (D =! n a O CA =• cf) � O ca Et • cD Cn00 c o 0 n (D n n Cn to cD C (n CD CD co Z 0, N CD CD CD N • 3 u' O (0! cOD N 0 cD 0 O) N O v v O ~ 0 N -n c) O O N _► a) OD QO:::.: O O 40 -Ti cn 0 N O O Cn CD co co O On Cn CO cD NJ O O CU N V CO OO —a A c0 CJ1•:•:•:::: O E!> m N O cD CO W W s E!! T N 0 N - co O CD W CO CJ's Elf 'T1 N O O O W GJ W -Ti N O N cD 0 OD W Co U, E!! -Ti N O � j A • A Cr E!s -n N 0 W CJ, - p CO::::::::: A O O (3) O co Assumptions Used on Annexation Analysis - General Assumptions Current Estimated population = 46 (per Scott) Estimated potential population = 67 (46 residents/19 parcels = 2.6 26 parcels) goo, _Residential permit information based on 7 undeveloped parcels Revenue Assumptions t 3% Year over Year sales growth factored in State Shared Revenues based on factor of O.V. population to state allocation for FY 2006/07 and Os applied to population of annexation area a Expenditure Assumptions P&Z cost for Pre-annexation notices are an estimate Cost of elections allocated based on population compared to O.V. and current budget Cost escalation of 5% used Road maintenance not an issue; residents are responsible for maintenance of dirt roads ) Fuel for Coyote Run allocated based on population compared to O.V. and current budget J La Cholla Airpark-S of Stone Canyon Analysis TOWN OF ORO VALLEY 6 COUNCIL COMMUNICATION MEETING DATE: AUGUST 16, 2006 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Scott L. Nelson, Special Projects Coordinator SUBJ: PUBLIC HEARING REGARDING REQUEST TO ANNEX APPROXIMATELY 2.8 ACRES OF UNINCORPORATED TERRITORY LOCATED WEST OF THE CURRENT TOWN LIMITS.THE LEGALLY DESCRIBED AREA AS ATTACHED, AND KNOWN AS ANNEXATION AREA M. SUMMARY: On June 21, 2006, Mayor and Council voted to initiate the annexation process for approximately 2.8 acres of unincorporated territory located west of the current town pp Y limits. This annexation is in compliance with the Oro Valley General Planning area, Oro Valley Resolution No. (R) 03-06, Oro Valley Policy for Annexation of Unincorporated Land, and pursuant to Arizona State law. In accordance with ARS § 9-471(A) (1), the blank petition, map, and legal description were filed with the Pima County Recorder on July 25, 2006. Once the blank petition, map, legal le al description are filed, a 30-day waiting period begins, during which time a public hearingmust be held. In addition, we have completed the process of following the state law requirements regarding notification at least 6 days prior to the public hearing and at least 15 days before the end of the 30-day waiting period. The notification process is as follows: 1. Publish notice of public hearing in The Daily Territorial newspaper. 2. Post the notice of public hearing in at least three conspicuous places on the property proposed to be annexed. 3. Mail the notice of public hearing by first class mail to the property owners in the territory considered for annexation. 4. Mail the notice of public hearing to the Chairman of the Pima County Board of Supervisors. FISCAL IMPACT: Net fiscal impact for 1 year is $0; for 5 years $0 (Vacant Parcel) ATTACHMENTS: 1. ARS § 9-471, Annexation of territory; procedures; notice; petitions; access to information; restrictions 2. Map and legal description of proposed Annexation "Area M" 3. Letters of request from area resident dated May 23, 2006 SUGGESTED MOTION: No action is required at this time. Scott L. Nelson Special Projects Coordinator I huck Swee Town Manager 9-41 1 - Annexation of territory; procedures; notice; petitions; access to information; restn... rage 1 oI 4 9-471. Annexation of territory. procedures: notice; petitions: access to information restrictions A. The followingprocedures are required to extend and increase the corporate limits of a city or town by annexation: 1. A city or town shall file in the office of the county recorder of the county in which the annexation is proposed a blank petition required by paragraph 4 of this subsection setting forth a description and an accurate mapof all the exterior boundaries of the territory contiguous to the city or town proposedto be annexed. Notice and a copy of the filing shall be given to the clerk of the board of supervisors and to the county assessor. The accurate map shall include all county rights-of-way and roadways with no taxable value that are within or contiguous to the exterior boundaries of the area of the proposed annexation. If state land, other than state land utilized as state rights-of-way or land held by the state by tax deed, is included in the territory, written approval of the state land commissioner and the selection board established by section 3 7-202 shall also be filed. 2. Signatures on petitions filed for annexation shall not be obtained for a waiting period of thirty days after filing the blank petition. 3. After filing the blank petition pursuant to paragraph 1 of this subsection, the governing body of the city or town shall hold a public hearing within the last ten days of the thirty day waiting period to discuss the annexation proposal. The public hearing shall be held in accordance with the provisions of title 38, chapter 3, article 3.1, except that, notwithstanding the provisions of section 38-43 1.02, subsections C and D, the following notices of the public hearing to discuss the annexation proposal shall be given at least six days before the hearing: (a) Publication at least once in a newspaper of general circulation, which is published or circulated in the city or town and the territory proposed to be annexed, at least fifteen days before the end of the waiting period. (b) Posting in at least three conspicuous public places in the territory proposed to be annexed. (c)Notice by first class mail sent to the chairman of the board of supervisors of the county in which the territory proposed to be annexed is located. (d)Notice by first class mail with an accurate map of the territory proposed to be annexed sent to each owner of the real and personal property as shown on the list furnished pursuant to subsection G of this section that would be subject to taxation by the city or town in the event of annexation in the territory proposed to be annexed. For the purposes of this subdivision, real and personal property includes mobile, modular and manufactured homes and trailers only if the owner also owns the underlying real property. 4. Within one year after the last day of the thirty day waiting period a petition in writing signed by the owners of one-half or more in value of the real and personal property and more than one-half of the persons owning real and personal property that would be subject to taxation by the city or town in the event of annexation, as shown by the last assessment of the property, may be circulated and filed in the office of the county recorder. For the purposes of this paragraph, real and personal property includes mobile, modular and manufactured homes and trailers only if the owner also owns the underlying real property. 5. No alterations increasing or reducing the territory sought to be annexed shall be made after a petition http://www.azleg.state.az.us/ars/9/00471.htm?printformat=yes 7/28/2006 9-471 - Annexation of territory; procedures; notice;petitions; access to information; restrl... rage z of 4 has been signed by a property owner. 6. The petitioner shall determine and submit a sworn affidavit verifying that no part of the territory for which the filing is made is already subject to an earlier filing for annexation. The county recorder shall not accept a filing for annexation without the sworn affidavit. B. All information contained in the filings, the notices, the petition, tax and property rolls and other matters regarding a proposed or final annexation shall be made available by the appropriate official for public inspection during regular office hours. C. Any city or town, the attorney general, the county attorney, or any other interested party may upon verified petition move to question the validity of the annexation for failure to comply with the provisions of this section. The petition shall set forth the manner in which it is alleged the annexation procedure was not in compliance with the provisions of this section and shall be filed within thirty days after adoption of the ordinance annexing the territory by the governing body of the city or town and not otherwise. The burden of proof shall be upon the petitioner to prove the material allegations of his verified petition. No action shall be brought to question the validity of an annexation ordinance unless brought within the time and for the reasons provided in this subsection. All hearings provided by this section and all appeals therefrom shall be preferred and heard and determined in preference to all other civil matters, except election actions. In the event more than one petition questioning the validity of an annexation ordinance is filed, all such petitions shall be consolidated for hearing. If two or more cities or towns show the court that they have demonstrated an active interest in annexing any or all of the area proposed for annexation, the court shall consider any oral or written agreements or understandings between or among the cities and towns in making its determination pursuant to this subsection. D. The annexation shall become final after the expiration of thirty days from the adoption of the ordinance annexing the territory by the city or town governing body, provided the annexation ordinance has been finally adopted in accordance with procedures established by statute, charter provisions, or local ordinances, whichever is applicable, subject to the review of the court to determine the validity thereof if petitions in objection have been filed. E. For the purpose of determining the sufficiency of the percentage of the value of property under this section, such values of property shall be determined as follows: 1. In the case of property assessed by the county assessor, values shall be the same as shown by the last assessment of the property. 2. In the case of property valued by the department of revenue, values shall be appraised by the department in the manner provided by law for municipal assessment purposes. F. For the purpose of determining the sufficiency of the percentage of persons owning property under this section, the number of persons owning property shall be determined as follows: 1. In the case of property assessed by the county assessor, the number of persons owning property shall be as shown on the last assessment of the property. 2. In the case of property valued by the department of revenue, the number of persons owning property shall be as shown on the last valuation of the property. 3. If an undivided parcel of property is owned by multiple owners, such owners shall be deemed as one http://www.azleg.state.az.us/ars/9/00471.htm?printformat=yes 7/28/2006 9-4"/1 - Annexation of territory; procedures; notice; peiiuons; access to lillutlilaLlUll, lcJLl1... r arc vl-r owner for thep �u oses of this section. multipleparcels of property, such owner shall be deemed as one owner for the lir4. If a person owns p p p purposes of this section. un assessor and the department of revenue, respectively, shall furnish to the city or town G. The county p proposing an days annexationwithin thirtyda s after a request therefor a statement in writing showing the owner, the address of each owner and the appraisal and assessment of all such property. is not contiguous for the purposes of subsection A, paragraph 1 of this section unless: H. Territory g p � 1. It adjoins the exterior boundaryof the annexing city or town for at least three hundred feet. 2. It is, at allp oints at least two hundred feet in width, excluding rights-of-way and roadways. 3. The distance from the existingboundary of the annexing city or town where it adjoins the annexed territory to the furthest point of the annexed territory from such boundary is no more than twice the to ry maximum width of the annexed territory. I. A city or town shall not annex territory if as a result of such annexation unincorporated territory is completely surrounded by the annexing city or town. J. Notwithstanding any provisions of this article to the contrary, any town incorporated prior to 1950 which had apopulation of less than two thousand persons by the 1970 census and which is bordered on at least three sides by Indian lands may annex by ordinance territory owned by the state within the same county for a new townsite which is not contiguous to the existing boundaries of the town. ‘11, K. Thep rovisions of subsections H and I of this section shall not apply to territory which is surrounded bythe same cityor town or which is bordered by the same city or town on at least three sides. L. A cityor town annexingan area shall adopt zoning classifications which permit densities and uses no • greater than those permitted by the county immediately before annexation. Subsequent changes in zoningof the annexed territoryshall be made according to existing procedures established by the city or town for the rezoning of land. M. The annexation of territory within six miles of territory included in a pending incorporation petition filed with the countyrecorder pursuant to section 9-101.01, subsection C shall not cause an urbanized area to exist pursuant to section 9-101.01 which did not exist prior to the annexation. N. As an alternative to therocedures established in this section, a county right-of-way or roadway with p no taxable real propertymay be annexed to an adjacent city or town by mutual consent of the governing bodies of the county and cityor town if the property annexed is adjacent to the annexing city or town for the entire length of the annexation and if the city or town and county each approve the proposed annexation as ap ublished agenda item at a regular public meeting of their governing bodies. 0. On or before the date theoverning body adopts the ordinance annexing territory, the governing g body shall have approved a plan, policy or procedure to provide the annexed territory with appropriate Mk levels of infrastructure and services to serve anticipated new development within ten years after the date ler when the annexation becomes final pursuant to subsection D of this section. http://www.azleg.state.az.us/ars/9/00471.htm?printformat=yes 7/28/2006 9-4/1 Annexation of territory; proceaures; notice; petitions; access 10 iiuumiaiiuu; riegierbi P. If a property owner prevails in any action to challenge the annexation of the property owner's property, the court shall allow the property owner reasonable attorney fees and costs relating to the action from the annexing municipality. Q. A city or town may annex territory that is a county owned park or a park operated on public lands by a county as part of a management agreement if otherwise agreed to by the board of supervisors. If the board of supervisors does not agree to the annexation, the county owned park or park operated on public lands by a county as part of a management agreement shall be excluded from the annexation area, notwithstanding subsections H and I of this section. A county owned park or park operated on public lands by a county as part of a management agreement that is excluded from the annexation area pursuant to this subsection may subsequently be annexed with the permission of the board of supervisors notwithstanding any other provision of this section. For the purposes of this subsection, "public lands": 1. Has the same meaning prescribed in section 37-901. 2. Does not include lands owned by a flood control district. 111/ http://www.azleg.state.az.us/ars/9/00471.htm?printformat=yes 7/28/2006 . . LEGAL DESCRIPTION ......, ANNEXATION AREA M-2006 The East 100 feet of the North Half of the West Half othe of the Ea t Half of ther of me feet Northeast Quarterand the North Half of the West 229 _ --- — --- ---- Southeast Quarter of the Northeast Quarter of Section 21,Towns_ � . upTl SoufhRange East, Gila and Salt River Meridian,Pima County, Arizona, said East 100 feet and the West 229 feet are to be measured parallel to and at right angles to the East Line of said West Half of the Southeast Quarter of the Northeast Quarter; EXCEPT THEREFROM the following described property: the South 282.0 feet of the East 100 feet fNorthd hOSou half of the 282.0 feet of theest One-HalfNoof the Southeast Quarter of the NortheastQuarter One-Half of the West 229 feet of the East One-Half of the Southeast Quarter of the Northeast Quarter of Section 21, Township 11 South,Range 13 East, Gila and Salt River Meridian,Pima County, Arizona, said East 100 feet and the West 229 feet are to be measured parallel to and at right angles to the East line of the West One-Half of the Southeast Quarter of the Northeast Quarter. Containing 2.8 acres,more or less. <,,,�`�°�9 ��/�24530� �F� Prepared by pqVp A. �,�' David A. Rhine,RLS RHINE • AZTEC Land SurveyinInc. \S (g.,___ l',5); 'iii I j_, 4_ 1 I idl I f 0. cir . ‘' I 1 ...-1,14,11 21 L40' LOCATION MAP V 1-71113 MAP :i� � Tf>S, R1 3E � --I— ♦�' � J1-1-111� La' / L it MAP OF THE TERRITORY _ __ � -,, 'INII --r--1 �� \ TO BE ANNEXED TO THE - � '' .... . - I. TOWN OF ORO VALLEY . ; Ir- —11 ± — - ANNEXATION AREA M-2006 I °�= 11-1. i _ • W. COUGAR CANYON TRAIL 1114 A , II , , . hi1 1 s I � 1 1 1 I II � I I ---, j I I • _I � � J1 ... . ..... ...4... .?I 1 T ____ _ , —I— — I 11 I , I . S I IIL - -)— — — — — .-- 1 A \ 1 0 1 i 1 Z o ,:g i N \ / . 0 L, o \ _A_ ..L. Rs `�\ ..,_ • _ —NEW CORPORATE :�re. I..L/M/TS OF THE E .I TO{YNOFORO n m p y 2 4,i;3;Pi p 2:I Ti T 0?..-,-1 Liv May 23, 2006 Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 f Attention: Chuck Sweet, Town Manager Mr. Sweet, I formally request that my property located on: North Gibson Trail * Tucson, Arizona 85742 vow Parcel ID # 219-12-0150 Legal Description: 100' of W2 SE4 & W299' of E2 SE4 NE4 EXC S942' THEREOF 2.85 AC SEC 21-11-13 Be annexed into the Town of Oro Valley. Sincerely, 4/ /1 I) j 14Auik.d-i4, -6(//(Ju. . " Lefkothea Petkopoulos 9901 N. Oracle Road Apt. 2107 I # Oro Valley, Arizona 85737 TOWN OF ORO VALLEY 7 COUNCIL COMMUNICATION MEETING DATE: AUGUST 16, 2006 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Scott L. Nelson, Special Projects Coordinator SUBJ: PUBLIC HEARING REGARDING REQUEST TO ANNEX APPROXIMATELY 120.5 ACRES OF UNINCORPORATED TERRITORY LOCATED NORTH OF THE CURRENT TOWN LIMITS.THE LEGALLY DESCRIBED AREA AS ATTACHED, AND KNOWN AS ANNEXATION AREA N. SUMMARY: On June 21, 2006, Mayor and Council voted to initiate the annexation process for approximately 120.5 acres of unincorporated territory located north of the current town limits. This annexation is in compliance with the Oro Valley General Planning area, Oro Valley Resolution No. (R) 03-06, Oro Valley Policy for Annexation of Unincorporated Land, and pursuant to Arizona State law. In accordance with ARS § 9-471(A) (1), the blank petition, map, and legal description were filed with the Pima County Recorder on July 25, 2006. Once the blank petition, map, and legal description are filed, a 30-day waiting period begins, during which time a public hearing must be held. In addition, we have completed the process of following the state law requirements regarding notification at least 6 days prior to the public hearing and at least 15 days before the end of the 30-day waiting period. The notification process is as follows: 1. Publish notice of public hearing in The Daily Territorial newspaper. 2. Post the notice of public hearing in at least three conspicuous places on the property proposed to be annexed. 3. Mail the notice of public hearing by first class mail to the property owners in the territory considered for annexation. 4. Mail the notice of public hearing to the Chairman of the Pima County Board of Supervisors. FISCAL IMPACT: Net fiscal impact for 1 year is $0; for 5 years $0 (Town owned Open Space) ATTACHMENTS: 1. ARS § 9-471, Annexation of territory; procedures; notice; petitions; access to information; restrictions 2. Map and legal description of proposed Annexation "Area N" SUGGESTED MOTION: No action is required at this time. a Scott L. Nelson Special Projects Coordinator Chuck Sweet Town Manager 9-471 Annexation of territory; procedures; notice; petitions; access to information; restri... Page 1 of 4 9-471. Annexation.of territory;. procedures; notice; petitions. access to information; restrictions � A. The fogprocedures llowin are required to extend and increase the corporate limits of a city or town by annexation: 1. A city o r town shall file in the office of the county recorder of the county in which the annexation is proposed a blankpetition required byparagraph 4 of this subsection setting forth a description and an q accurate mapof all the exterior boundaries of the territory contiguous to the city or town proposed to be annexed. Notice and a copyof the filing shall be given to the clerk of the board of supervisors and to the county assessor. The accurate mapshall include all county rights-of-way and roadways with no taxable value that are within or contiguous to the exterior boundaries of the area of the proposed annexation. If land, other than state land utilized as state rights-of-way or land held by the state by tax deed, is state included in the territory, written approval of the state land commissioner and the selection board established by section 3 7-202 shall also be filed. 2. Signatures on petitions filed for annexation shall not be obtained for a waiting period of thirty days after filing the blank petition. After filingthe blankpetitionpursuant to paragraph 1 of this subsection, the governing body of the 3. . . cityor town shall hold a public hearing within the last ten days of the thirty day waiting period to the annexation proposal. The public hearing shall be held in accordance with the provisions of discuss p p title 38, chapter 3, article 3.1, except that, notwithstanding the provisions of section 38-431.02, and D,the followingnotices of the public hearing to discuss the annexation proposal shall subsections C be given at least six days before the hearing: Publication at least once in a newspaper of general circulation, which is published or circulated in the (a) . . cityor town and the territoryproposed to be annexed, at least fifteen days before the end of the waiting p p period. in at least three cons icuous public places in the territory proposed to be annexed. (b) Posting p (c)Notice byfirst class mail sent to the chairman of the board of supervisors of the county in which the territory proposed to be annexed is located. (d)Notice byfirst class mail with an accurate map of the territory proposed to be annexed sent to each of the real andpersonal roe as shown on the list furnished pursuant to subsection G of this owner property�' section i that would be subject to taxation by the city or town in the event of annexation in the territory � proposedpurposes to be annexed. For the of this subdivision, real and personal property includes mobile, modular and manufactured homes and trailers only if the owner also owns the underlying real property. 4. Withinone year after the last dayof the thirty day waiting period a petition in writing signed by the owners of one-half or more in value of the real and personal property and more than one-half of the owningreal andpersonal roe that would be subject to taxation by the city or town in the persons property rtY of annexation, as shown bythe last assessment of the property, may be circulated and filed in the event includes office of the countyrecorder. For the purposes of this paragraph, real and personal property mobile, modular and manufactured homes and trailers only if the owner also owns the underlying real property. 5.No breducing alterations increasing or the territory sought to be annexed shall be made after a petition http://www.azleg.state.az.us/ars/9/00471.htm?printformat=-yes.state.az.us/ars/9/00471.htm?printformat=yes 7/28/2006 9-471 - Annexation of territory; procedures; notice; petitions; access to information; restri... Page 2 of 4 has been signed by a property owner. 6. The petitioner shall determine and submit a sworn affidavit verifying that no part of the territory for which the filing is made is already subject to an earlier filing for annexation. The county recorder shall not accept a filing for annexation without the sworn affidavit. B. All information contained in the filings, the notices, the petition, tax and property rolls and other matters regarding a proposed or final annexation shall be made available by the appropriate official for public inspection during regular office hours. C. Any city or town, the attorney general, the county attorney, or any other interested party may upon verified petition move to question the validity of the annexation for failure to comply with the provisions of this section. The petition shall set forth the manner in which it is alleged the annexation procedure was not in compliance with the provisions of this section and shall be filed within thirty days after adoption of the ordinance annexing the territory by the governing body of the city or town and not otherwise. The burden of proof shall be upon the petitioner to prove the material allegations of his verified petition. No action shall be brought to question the validity of an annexation ordinance unless brought within the time and for the reasons provided in this subsection. All hearings provided by this section and all appeals therefrom shall be preferred and heard and determined in preference to all other civil matters, except election actions. In the event more than one petition questioning the validity of an annexation ordinance is filed, all such petitions shall be consolidated for hearing. If two or more cities or towns show the court that they have demonstrated an active interest in annexing any or all of the area proposed for annexation, the court shall consider any oral or written agreements or understandings between or among the cities and towns in making its determination pursuant to this subsection. D. The annexation shall become final after the expiration of thirty days from the adoption of the ordinance annexing the territory by the city or town governing body, provided the annexation ordinance vs) has been finally adopted in accordance with procedures established by statute, charter provisions, or local ordinances, whichever is applicable, subject to the review of the court to determine the validity thereof if petitions in objection have been filed. E. For the purpose of determining the sufficiency of the percentage of the value of property under this section, such values of property shall be determined as follows: 1. In the case of property assessed by the county assessor, values shall be the same as shown by the last assessment of the property. 2. In the case of property valued by the department of revenue, values shall be appraised by the department in the manner provided by law for municipal assessment purposes. F. For the purpose of determining the sufficiency of the percentage of persons owning property under this section, the number of persons owning property shall be determined as follows: 1. In the case of property assessed by the county assessor, the number of persons owning property shall be as shown on the last assessment of the property. 2. In the case of property valued by the department of revenue, the number of persons owning property shall be as shown on the last valuation of the property. 3. If an undivided parcel of property is owned by multiple owners, such owners shall be deemed as one http://www.azleg.state.az.us/ars/9/00471.htm?printformat=yes 7/28/2006 • 9-471 - Annexation of territory; procedures; notice; petitions; access to information; restri... Page 3 of 4 owner for the purposes of this section. aff 4. If a person owns multiple parcels of property, such owner shall be deemed as one owner for the purposes of this section. G. The county assessor and the department of revenue, respectively, shall furnish to the city or town proposing an annexation within thirty days after a request therefor a statement in writing showing the owner, the address of each owner and the appraisal and assessment of all such property. H. Territory is not contiguous for the purposes of subsection A,paragraph 1 of this section unless: 1. It adjoins the exterior boundary of the annexing city or town for at least three hundred feet. 2. It is, at all points, at least two hundred feet in width, excluding rights-of-way and roadways. 3. The distance from the existing boundary of the annexing city or town where it adjoins the annexed territory to the furthest point of the annexed territory from such boundary is no more than twice the maximum width of the annexed territory. I. A city or town shall not annex territory if as a result of such annexation unincorporated territory is completely surrounded by the annexing city or town. J. Notwithstanding any provisions of this article to the contrary, any town incorporated prior to 1950 which had a population of less than two thousand persons by the 1970 census and which is bordered on at least three sides by Indian lands may annex by ordinance territory owned by the state within the same county for a new townsite which is not contiguous to the existing boundaries of the town. Now K. The provisions of subsections H and I of this section shall not apply to territory which is surrounded by the same city or town or which is bordered by the same city or town on at least three sides. L. A city or town annexing an area shall adopt zoning classifications which permit densities and uses no greater than those permitted by the county immediately before annexation. Subsequent changes in zoning of the annexed territory shall be made according to existing procedures established by the city or town for the rezoning of land. M. The annexation of territory within six miles of territory included in a pending incorporation petition filed with the county recorder pursuant to section 9-101.01, subsection C shall not cause an urbanized area to exist pursuant to section 9-101.01 which did not exist prior to the annexation. N. As an alternative to the procedures established in this section, a county right-of-way or roadway with no taxable real property may be annexed to an adjacent city or town by mutual consent of the governing bodies of the county and city or town if the property annexed is adjacent to the annexing city or town for the entire length of the annexation and if the city or town and county each approve the proposed annexation as a published agenda item at a regular public meeting of their governing bodies. 0. On or before the date the governing body adopts the ordinance annexing territory, the governing body shall have approved a plan, policy or procedure to provide the annexed territory with appropriate levels of infrastructure and services to serve anticipated new development within ten years after the date Ili, when the annexation becomes final pursuant to subsection D of this section. http://www.azleg.state.az.us/ars/9/00471.htm?printformat=yes 7/28/2006 9-471 - Annexation of territory; procedures; notice; petitions; access to information; restri... Page 4 of 4 P. If a property owner prevails in any action to challenge the annexation of the property owner's property, the court shall allow the property owner reasonable attorney fees and costs relating to the action from the annexing municipality. Q. A city or town may annex territory that is a county owned park or a park operated on public lands by a county as part of a management agreement if otherwise agreed to by the board of supervisors. If the board of supervisors does not agree to the annexation, the county owned park or park operated on public lands by a county as part of a management agreement shall be excluded from the annexation area, notwithstanding subsections H and I of this section. A county owned park or park operated on public lands by a county as part of a management agreement that is excluded from the annexation area pursuant to this subsection may subsequently be annexed with the permission of the board of supervisors notwithstanding any other provision of this section. For the purposes of this subsection, "public lands": 1. Has the same meaning prescribed in section 37-901. 2. Does not include lands owned by a flood control district. http://www.azleg.state.az.us/ars/9/00471.htm?printformat=yes 7/28/2006 LEGAL DESCRIPTION A.NNE�►A TION AREA N-2006 11 South,Range 13 East, Half(W1/2) of Section 13, Township of the West That Portion Pima County, Arizona, described as follows: BEGINNING at the Northwest corner of said Section 13; W1/4) of said line of the Northwest Quarter (N89°44 18 E, upon the Northsaid Section Thence N Quarter (N1/4) comer of of 2 625.15 feet to the North Section 13, a distance , 13; 1 W 112) a distance of ° East line of said West Half( Thence S 00 07 43 E, upon the 3,045.58 feet; Thence N 38°12'03"12'03" W, a distance of 105.85 feet; Thence N 39°06'36"°06'36" W a distance of 323.98 feet; Thence N 523 ° 3'58" W, a distance of 227.19 feet; Thence N 10°37'58" W, a distance of 205.01 feet; '51" W, a distance of 492_92 feet; Thence N 64°47 Thence N 44°21'02" W, a distance of 216.22 feet; Low Thence N 70°51'10" W a distance of 448.37 feet; Thence N 64°50'06" W, a distance of 238.31 feet; W, a distance of 241.06 feet; Thence N 80°54'46" e West line of said West Half a distance of 733.71 feet,to th Thence S 81°02'50" W, f_1 7.42.63.feet_to__the._.POINT_OF - .. (W1/2); West line a distance o , Thence N 00°03'04" W, upon said The BEGINNING. Containing 120.5 acres, more or less. Prepared by24530 ; • VO4)- DAVID A. David A. Rhine,RLS • AZTEC Land Surveying, Inc. • `')/szi8". fib . .;. i 1 1 1 2 EAU LAID WAX IMO MAP OF THE TERRITO)?Y TO BE TJHJWAJ47 ANNEXED TO THE TOWN OF ORO 1 4 '' 3 VALLEY ANNEXA TIONAREA N-2006 • .rte 4i LOCATION AMP T11S, R13E • UNINCORPORA TES AREA OFPIMA 12 14 COUNTYIli .134 cxxxxxx -• s4� ••.. N89.44'18~E ••• ze�s.1S'� • \N \ ct ) . r: o 2 NEW CORPORATE LIMITS OF A O �: N THE TOWN OF ORO VALLEY \..,i. ° \Q1?I. KPi 9' ' 0 4 0', UNINO9RPIOA ..14 AREA Sel•o2'S��'� eo 241,oe. a,•sv, 1 PIMA 733.71 5 ¢e".A e. ic? 06.'A, 02UNT; • it'>61:gie*.3 : a..s,_a /3"\2_,6,.;• ,,,o,. s a / TOWN OF ORO VALLEY 8 COUNCIL COMMUNICATION MEETING DATE: AUGUST 16th, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: DAVID W. WELSH, Economic Development Administrator SUBJECT: Re-Consideration of Resolution No. (R) 06-57 Approving Financial Participation Agreement between the Metropolitan Tucson Convention and Visitors Bureau and the Town of Oro Valley approved at the August 2, 2006 Council meeting. SUMMARY: The original item regarding a financial agreement between MTCVB and the Town was considered on Resolution No. (R) 06-57 was ado ted limiting the contribution to $160,000.00 and August 2, 2006. Resolu p lI outlined and previouslyagreed to. Re-consideration of the this item is being not the 1 /o originally 9 requestedCouncilman Al Kunisch per the attached memorandum. The original request regarding by . .ITCV B h a s been added to the agenda in the event that reconsideration is approved. ATTACHMENTS: Memorandum from Councilman Al Kunisch dated August 4, 2006. FISCAL IMPACT: None. RECOMMENDATION: Staff recommends approval of the Re-Consideration of Resolution No. (R) 06-57 Approving Financial Participation Agreement between the Metropolitan Tucson Convention and Visitors Bureau and the Town of Oro Valley. SUGGESTED MOTION: Re-Consider Resolution No. (R) 06-57 Approving Financial Participation Agreement I move to Re Co between the Metropolitan Tucson Convention and Visitors Bureau and the Town of Oro Valley. v4vWelsh ra,� • Economic Development Administrator Chuck Sweet Town Manager • MEMORANDUM TO: Mayor & Council Kathi Cuvelier, Town Clerk FROM: Council Member Al Kunisch DATE: August 4, 2006 SUBJ: Metropolitan Tucson Convention & Visitor's Bureau funding I would like to see Resolution No. (R)06-57 Approving Financial Participation Agreement between the Metropolitan Tucson Convention and Visitors Bureau and the Town of Oro Valley placed on the August 16, 2006 Council Meeting Agenda. This was originally on the August 2, 2006 Consent Agenda, however, there was insufficient information regarding this item and I would like to revisit it. Al Kunisch Council Member August 14, 2006 The Honorable Paul Loomis Town of Oro Valley 11000 N. La Canada Dr. Oro Valley, AZ 85737 Dear Mayor Loomis: In July of 2005 the Northern Pima County Chamber of Commerce supported the Oro Valley Town Council's decision to increase the local Bed Tax and the following allocation plan: • Economic Development Agreements- 2.0% • Metro Tucson Convention & Visitors Bureau- 1.5% • Naranja Town Site- 1.5% • OV Economic Development Dept.- 1.0% were disappointed bythe Council's recent decision to cap the funding to the MTCVB at We pp and restore the its August 2ndmeeting and strongly urge the council to reconsider its decision g 1.5% dedicated to convention and tourism promotion. The 3% increase in the bed tax eliminated the marginal advantage that Oro Valley hotels and the Hilton El Conquistador had over its competitors. With margins as slim as they are in such a competitive industry, that additional 3% makes a difference. Meanwhile, the Northern Pima County Chamber of Commerce supported this increase because it agreed with the al plan lan as it was structured. Specifically, 1.5% toward the promotion of tourism and 1.0% to the town's Economic Development Department. That 1.5% allocation to promote tourism and conventions in Oro Valley is what fuels the tourism engine that we are so dependent on. It is also what generates the business from which a bed tax can be collected and generates a dedicated source of income to fund the Naranja Town Site. Finally, the council is expected to deliver on what they voted for. If the council intends to retain its credibility with community stakeholders and residents it must deliver as agreed. Not only is this good business, its good policy. Best regards, Jerry Bustamante, President/CEO Northern Pima County Chamber of Commerce 8 TOWN OF ORO VALLEY COUNCIL COMMUNICATION 16, 2006 SUPPLEMENTAL INFORMATION MEETING DATE: August TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: RECONSIDERATION OF RESOLUTION NO. (R)06-57 APPROVING FINANCIAL PARTICIPATION AGREEMENT BETWEEN THE METROPOLITAN TUCSON CONVENTION AND VISITOR'S S BUREAU AND THE TOWN OF ORO VALLEY (APPROVED AT THE AUGUST 2, 2006 COUNCIL MEETING) SUMMARY: As a reminder of the Reconsideration process, I have included Section 11.1 of the Council Parliamentary Rules & Procedures regarding Reconsideration of Motions: g a meetin and the Council has gone on to another agenda item, the A. Once an item is discussed at at that same meeting considered cannot be again considered unless it can be positively determined that all personspresent who were when the item was first considered are still present. anyaction taken byCouncil must be by motion by a Council Member B. Said reconsideration of vote. Such motion must be filed with the Council (Town Clerk's Office) who was on the prevailing side of the prior agenda that item on the to the next regularly scheduled Council meeting. and the Town Clerk shall place . timemeetingbefore the matter maybe considered, there must be a second to the Motion to At the of that Reconsider. r failed, the Council will skip the next agenda item, which will be the C. If the motion to reconslde discussion and vote of the original issue. D. If the motion to reconsider was successful, the Council will continue that item to a specific date in the future." CO-k4,tqA: D-••a nt Head pt Town Manager 8 TOWN OF ORO VALLEY COUNCIL COMMUNICATION 6 2006 SUPPLEMENTAL INFORMATION MEETING DATE: August 16, TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: RECONSIDERATION OF RESOLUTION NO. (R)06-57 APPROVING FINANCIAL PARTICIPATION AGREEMENT BETWEEN THE METROPOLITAN TUCSON CONVENTION AND VISITOR'S S BUREAU AND THE TOWN OF ORO VALLEY (APPROVED AT THE AUGUST 2, 2006 COUNCIL MEETING) SUMMARY: As a reminder of the Reconsideration process, I have included Section 11.1 of the Council Parliamentary Rules & Procedures regarding Reconsideration of Motions: g at a meetin and the Council has gone on to another agenda item, the A. Once an item is discussed at that same meeting considered cannot be again considered unless it can be positively determined that all persons who werepresent when the item was first considered are still present. be B. Said reconsideration of any action taken by Council mustbymotion by a Council Member who was on the prevailing side of the vote. Such motion must be filed with the Council (Town Clerk's Office) prior the Town Clerk shall place agenda en that item on the a dto the next regularly scheduled Council meeting. 'n before the matter maybe considered, there must be a second to the Motion to At the time of that meeting Reconsider. C. If the motion to reconsider failed, the Council will skip the next agenda item, which will be the discussion and vote of the original issue. D. If the motion to reconsider was successful, the Council will continue that item to a specific date in the future." (41-1.41,(gA_, D-ea ,•nt Head Of Town Manager i 8 TOWN OF ORO VALLEY COUNCIL COMMUNICATION SUPPLEMENTAL INFORMATION MEETING DATE: August 16, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: RECONSIDERATION OF RESOLUTION NO. (R)06-57 APPROVING FINANCIAL PARTICIPATION AGREEMENT BETWEEN THE METROPOLITAN TUCSON CONVENTION AND VISITOR'S BUREAU AND THE TOWN OF ORO VALLEY (APPROVED AT THE AUGUST 2, 2006 COUNCIL MEETING) SUMMARY: As a reminder of the Reconsideration process, I have included Section 11.1 of the Council Parliamentary Rules & Procedures regarding Reconsideration of Motions: "A. Once an item is discussed at a meeting and the Council has gone on to another agenda item, the item considered cannot be again considered at that same meeting unless it can be positively determined that all persons who were present when the item was first considered are still present. B. Said reconsideration of any action taken by Council must be by motion by a Council Member who was on theg revailin side of the vote. Such motion must be filed with the Council (Town Clerk's Office) p and the Town Clerk shallp lace that item on the agenda prior to the next regularly scheduled Council meeting. At the time of that meeting before the matter may be considered, there must be a second to the Motion to Reconsider. C. If the motion to reconsider failed, the Council will skip the next agenda item, which will be the discussion and vote of the original issue. D. If the motion to reconsider was successful, the Council will continue that item to a specific date in the future." - C- CO-4A4-6-g/L: 4U D- .. ,-nt Head ...Il Town Manager 8 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: AUGUST 16th, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: DAVID W. WELSH, Economic Development Administrator SUBJECT: Re-Consideration of Resolution No. (R) 06-57 Approving Financial Participation g Agreement between the Metropolitan Tucson Convention and Visitors Bureau and the Town of Oro Valley approved at the August 2, 2006 Council meeting. SUMMARY: item regarding a financial agreement between MTCVB and the Town was considered on The originalg g g . Resolution No. (R) 06-57 was adopted limiting the contribution to $160,000.00 and August 2, 2006 1% originally outlined and previously agreed to. Re-consideration of the this item is being not the g y Councilman Al Kunisch per the attached memorandum. The original request regarding requested by MTCVB has been added to the agenda in the event that reconsideration is approved. ATTACHMENTS: Memorandum from Councilman Al Kunisch dated August 4, 2006. FISCAL IMPACT: None. RECOMMENDATION: Staff recommends approval of the Re-Consideration of Resolution No. (R) 06-57 Approving Financial Participation Agreement ation A reement between the Metropolitan Tucson Convention and Visitors Bureau and the Town of Oro Valley. SUGGESTED MOTION: I move to Re-Consider Resolution No. (R) 06-57 Approving Financial Participation Agreement between the Metropolitan Tucson Convention and Visitors Bureau and the Town of Oro Valley. VOYAIMM •a9'. . Welsh Economic Development Administrator Chuck Sweet Town Manager MEMORANDUM TO: Mayor & Council Kathi Cuvelier, Town Clerk FROM: Council Member Al Kunisch DATE: August 4, 2006 SUBJ: Metropolitan Tucson Convention & Visitor's Bureau funding I would like to see Resolution No. (R)06-57 Approving Financial Participation Agreement between the Metropolitan Tucson Convention and Visitors Bureau and the Town of Oro Valley placed on the August 16, 2006 Council Meeting Agenda. This was originally on the August 2, 2006 Consent Agenda, however, there was insufficient information regarding this item and I would like to revisit it. Al Kunisch Council Member TOWN OF ORO VALLEY ..OUNCIL COMMUNICATION MEETING DATE: AUGUST 16, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: DAVID W. WELSH, Economic Development Administrator SUBJECT: Resolution No. (R) 06 - 57 , Consideration and Approval of a FinancialParticipation Agreement P rtici ation A reement with the Metropolitan Tucson Convention and Visitors Bureau. SUMMARY: The item you have before you would continue the Town's financial participation with the Metropolitan Tucson Convention and Visitors Bureau (MTCVB) for the 2006-2007 Fiscal Year. At the regular Town on Council MeetingWednesday, August 2, 2006, the Mayor and Council y executinga Financial Participation Agreement between the Town of approved Resolution (R)06-57 P fro Valley and the Metropolitan Tucson Convention and Visitors Bureau (MTCVB) with a change in ,ection 3.1A thatP rovides that the amount will not exceed $160,000. On Friday, August 4, 2006, Council Member Kunisch requested that (R)06-57 be reconsidered due to insufficient information Supplemental information will be distributed before the meeting. ATTACHMENTS: 1. Resolution No. (R) 06 - 57 Financial Participation Agreement with the Metropolitan Tucson Convention and Visitors Bureau, and 2. MTCVB Financial Participation Agreement. 3. FY 2005/2006 Annual Performance Reports. 4. MTCVB Tourism Fact Sheet FISCAL IMPACT: Funding for the July 1, 2006 through h June 30, 2007 FPA with MTCVB is estimated at $ 216,042 which is the first 1% of the Bed Tax. 'COMMENDATION: S a t Staff recommends approval of the Financial Participation Agreement with MTCVB. SUGGESTED MOTION: I move to approve Resolution No. (R) 06 - 57 executing . Fin.ncial Participation Agreement ''etween the Town of Oro Valley and the Metropolitan Tucson conve tion and Visitor -,Bureau. A171 fr#A.I At David W. - sh Economic Development Administrator i / 1 I ,_ . .A /LA.. let Chuck Swee Town Manager i a RESOLUTION NO. (R) 06-57 rw� 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 p WHEREAS, the Mayor and Council have determined that to financially participate in activities of MTCVB is a public purpose in that the activities confer the promotion of the direct benefit of a general character to a significant part of the public; and WHEREAS, the Town desires to continue to promote a business environment in Oro Valley that enhances economic vitalityand 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 I 16 WHEREAS, it is the intent of the Town, subject to the provisions of state budget law, to continue top rovide 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 Oroy, Arizona, Valle 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 Mayor ADOPTED bythe Ma or and Town Council of the Town of Oro Valley, Arizona this 16th day of August , 2006. TOWN OF ORO VALLEY tor Paul H. Loomis, Mayor ATTEST. APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney TOWN OF ORO VALLEY FINANCIAL PARTICIPATION AGREEMENT METROPOLITAN TUCSON CONVENTION and VISITORS BUREAU entered into this da of , 2006, by and THIS AGREEMENT,made and .Y an Arizona municipal corporation, hereinafter called between the Town of Oro Valley, p the "Town" and Metropolitan Tucson Convention and Visitors Bureau, an Arizona non- profit rofit corp oration hereinafter called the "Bureau". the parties do mutually consideration of the NOW, THEREFORE, in oforegoing, 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 program 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. Operational The Bureau .IOW B. General Objections. agrees to actively pursue the objectives outlined below throughout the terms of this Agreement. 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. Provide policies to increase the number of major conventions and trade shows; the volume of off-season business and to increase community awareness in the Bureau's purpose,ose, activities and achievements in order to ensure the Bureau's base of membership funding. D. Convention Sales lor Attract an increasing number of conventions to Oro Valley, particularly in the off- season(My a to November)by: 1. Use of exhibit booth and sales personnel at trade shows, expositions, and conventions. ii•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. 6. Providing all services of satellite offices, New York City, Washington, D.C. and Chicago. 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 membershipdevelopment, retention and support as follows: 1. Idents • categories of membership and prospective members within the selected p categories. p m 2. Develop and implement an equitable membership dues structure. P ershi billingand annually reviewed billing 3. Develop and implement a me mb p system. 4. Develop a program for continued liaison with members designed to insure continued membership retention. ram designed to increase Bureau's membership 5. Develop and implement a program base. desirable membershipactivities to enhance the lines of 6. Continue a program of . communication between the membership, the Bureau's staff and various committees. ARTICLE 2 Now Section 2.1 Specific Services to be Performed by the Bureau. Bureau objectives for FY 2006/2007 (July 1, 2006 - June 30, 2007) 1. To attract an increasing number of conventions to Oro Valley particularly in the off-season (May to November). Among thegoals established to meet this objective for Fiscal Year 2006/2007 are to increase the MTCVB-initiated leads for room nights to 1,227, and group sales leads to 343,000. number of foreign tourists and U.S. citizens visiting Oro Valley. 2. To increase the g . fl.Q travel articles to be ublished as a result of their work The Bureau expects p with travel writers. 3. To implement programs of development,membershipdevelo ment, retention, and support. The Bureau plans to achieve membershipinvestments in the MTCVB of $ 290,000. its sales manager• 4. The Bureau shall utilize to generate leads for convention promoteValley meetings and tours to Oro and will specifically conduct familiarization trips which will include the Oro Valley area. ' participation in trade shows, Bureau agrees to provide and 5. As part of the Bureau s furnish materials pertaining to Oro Valley. 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 �' P 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. A position 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 and will include the Town in the acknowledgement that it places on all publications and press releases similar to the following: t' "The Metropolitan Tucson Convention and Visitors Bureau is an independent, non- profit rofit 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. 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 g � P Bureau will cooperate and use its best efforts to provide access to all pertinent information reasonably necessary to make evaluations. Section 2.4 Accountability. which meets acceptablea accurate accounting The Bureau shall maintain a true andsystem accounting practices of the accountingprofession, and which is capable of properly accounting on a timelybasis 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. and upto period of five (5) years after completion of this At any time during, and a the Finance Department of the town or designated Town agent will be given Agreement, p access to the audit records of the Bureau for the Town's internal audits. Section 2.5 Term of Agreement. . - This Agreement between parties arties as described above shall be effective from July 1, 2006 through June 30, 2007 and may be extended for two additional fiscal years so long as: 1. The Mayor and Council of the town determine the services of the Bureau are in y thePublic interest and allocate funds therefore, and 2. the parties �ee scope mutuallya as to of services to be provided by the Bureau in any subsequent fiscal year. end of the third fiscal year referred to above, the provisions of this agreement will At the be subject to review and renegotiations by the Town and the Bureau. Section 2.6 Termination. Thistime bymutual written consent by either party Agreement may be terminated at any e (90) days written notice to the other party. Further, the Agreement may be giving ninety . forgood cause byeitherwith thirty (30) days written notice to the other terminated party oses of this agreement good cause shall include but not be limited to the party. For perp �, inability of either party to meet its financial obligations under this Agreement. ARTICLE 3 FUNDING Section 3.1 Payment. A. It is the intent of the Town that the Bureau receives from the Town an amount mutually agreed upon and measured by the first one percent (1%) of the Bed Tax Revenues collected by the town. 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, 2006. 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 MEMBERSIHPS AND OTHER FUNDING The Bureau shall activelysolicit memberships as well as financial Section 5.1 participation by Pima Countyand 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 Countyconsistent 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 the Tucson CityCouncil fails at any time during the term of this Supervisors or . make the full allocation pursuant to their respective agreements.with the Agreement to Bureau,the Bureau and Town mutually agree to renegotiate this Agreement. each fiscal year, the Bureau will specify in a Memorandum of Section 5.3 In . to be entered into eachyear by the parties, the percentage that it will Understanding, 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 Mayorand Council, appointed boards and commissions, officials, officers, employees insurance carriers, individuallyand collectively (the "Town") from all losses, claims, and suits, expenses, subrogation's, attorney's fees or actions of any kind and nature g resulting personalinjury from to any person (including bodily injury and death) or to anyroe arisingor alleged to have arisen out of either (1) the Bureau's damages property,rty, g negligent performance ent 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 type The amount and of insurance coverage requirements set forth below will in no way be construed as limiting the scope of indemnity in this paragraph. B. Insurance. g 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 gi' . written notice beg iven 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 5, "Conflict of Interest of Officers and Employers", apply to all the vied 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". 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 waycontrols, directs or has anyresponsibility for the actions of the Bureau herein. p ty further be Section 6.7 The shallBureau responsible for compliance with the United and Control Act of 1986, and shall indemnify and hold States Immigration Reform harmless the Town for any lty arising from failure of the Bureau to comply with said act. Said indemnification to include the costs of suit. Section • 6.8 Agreement Amendments. Bymutual consent of both the Town and the Bureau, this Agreement may be re-opened for renegotiations of and/or the addition/deletion of am amendments. Anyrequest for renegotiations shall be in writing, detailing the requested changes.han . A meeting to discuss the changes shall be held within 30 quest. Anychange to this Agreement will be approved by days of the receipt of the req angb Mayor and Council. year each. 69 For 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. WHEREOF,the parties hereto have executed this Agreement as of the IN WITNESS date first above written. METROPOLITAN TUCSON • CONVENTION AND VISITORS BUREAU §1110Pr Signature Title State of Arizona ) ) ss. County of Pima ) On this day of ,2006, known to me to be the person whose name is subscribed to the within instrument, personally appeared a eared before me and acknowledged that he/she executed the same for the purposes contained. Given under my hand and seal on , 2006. r Notary My Commission Expires: TOWN OF ORO VALLEY, an Arizona municipal corporation Paul H. Loomis, Mayor ATTEST: Kathryn E. 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W CD CO .ALr_4: O r ►.-.• Oo t� 1--, CD -�► N N C)1 C31 CDN �►k V� W \O O �l O Oo -,1 CD -,1 -� W o C� �1 _a O 'ham::`may Cr\ W O v W O\ O V� C) O N C31 01 N .A� Cil -•� O C31 ;j v' _ m :.:,- X 4L. ^ 1,,,, Vii: �`/^) -� C C x tr.; C) Cl)Co -� CL:C O -O O CD Y �_� y C31 �. CD Vi �iwit � °'- O .X+41,5-.1t,Ty-y O rr^.. Q4 Tourism Fact Sheet Provided by Metropolitan Tucson Convention & Visitors Bureau (NITCVB) > Tourism is the second largest industry in Southern Arizona with an economic impact over $2.5 billion annually > It's a clean industry that generates millions of dollars in direct tax revenue from people who live outside the Tucson and Oro Valley area. This creates income for Oro Valley without having to further tax the residents of Oro Valley. > Tourism and the hospitality industry employ more than 40,000 in the Tucson area. > The Hilton El Conquistador Resort employs more than 700 people making it Oro Valley's largest employer and tax base. > In Fiscal Year 2005/06 the MTCVB contributed 26,591 room nights, AMP,' 9,348 delegates and an economic impact of $8,347,055 dollars to Oro Valleythrough the Hilton El Conquistador Resort. This represents group and conference business only. Thousands of additional room nights and economic impact are also realized by the Hilton through the targeted marketing efforts of the MTCVB to the leisure and vacation traveler. > The Hilton is the beneficiary of millions of dollars in marketing and promotion by the MTCVB through print media, television, radio and extensive exposure through the Internet. 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CO i:;-4::.,47:: P--11-'11:. ; ._0, ..--' - t,410.,.., .. . .N 01 w w faiS01 0) -tel -� W Cm N Cn O -� CO O `` .. v v .. . 01 : — J Q1 W -P N) N N) N) � ` O -� -� : y. >: ., V� Oo O O �O O C1 (Ti - Co -I. CA) CO W CD a) (11 '' '"' -� N �O N Cm J O C O co N -� CD -� 01 W N CD W Cl1 ii.r.:*7;*:,:,.,,.:.:1,;. rn . . 0 rer.,,,,,,, 0 t.i.O.Lii",-.:.,-.4 • IA to i.,,,, K `I3.^�.k,jSR' t4111.0 o__X. CO zY, .fin --I I'L'I:4:'•"f, .1340400, CD O 4- : . :P, C) = U) CO ..�• MEMORANDUM TO: Town Council Member Kunisch CC: Mayor Loomis and Town Council Members Chuck Sweet, Town Manager David Andre s, A sistant Town Manager FROM: David Wels ti r. ECONOMIC DEVELOPMENT ADMINISTRATOR DATE: August 9, 2006 SUBJECT: Supplemental Information Related to MTCVB Agreement This memorandum is in response to your request for supplemental information relating to your re-consideration of the MTCVB Financial Participation Agreement for fiscalY ear 2006-07, which will be addressed on the August 16th 2006 Regular Town Council Meeting. I'm confident the attached supplemental information provided by MTCVB and the memorandum from the Hilton El Conquistador Resort should provide you with important information to assist your decision making on August 16th. As the Economic Development Administrator, I feel the current investment of 1% of the 6% bed tax that the Town provides MTCVB is vital to my division's efforts and that of the Town's overall economic development effort. Regionalism is the name of the game for a community of our size. And within that game, we have several critical relationships with outside partners that allow us to maximize the efforts of our small economic development staff. These relationships include: • TREO: Providing the Town a regional and national presence for a reasonable investment. • Northern Pima County Chamber of Commerce: Providing the Town additional visibility with our local business community, essential to our business retention and growth efforts. And • Metropolitan Tucson Convention and Visitors Bureau (MTCVB): Providing us national visibility with the increasingly competitive tourism/travel/convention market, so critical to the Town's financial viability. The investments we make with each of these partners provide returns that cannot, in my estimation, be duplicated in any other ways. Specifically related to MTCVB: • We need MTCVB to help support the Hilton El Conquistador, a vital element of our local business community. They have made it very clear that they will be adversely affected by any decreases in support of the MTCVB. • We will need MTCVB to attract additional hotels and resorts. Newcomers to the area will want to know how we work with our MTCVB. Attraction of new resorts and hotels is an important component of our economic development strategy. • We will need MTCVB to assist my efforts in supporting landing future conventions, such as the Governor's Rural Economic Development Conference we are hosting next summer. • We need MTCVB to help us support annexations involving the Westward Look Resort and the Omni Resort. • Once the Ritz Carlton is built in Marana, we will need MTCVB to help us maintain our current status as a destination. Marana has made it clear that they will be investing in MTCVB to gain the advantages offered by such a relationship. In the end, there is nothingelse that I could invest 116th of the bed tax into that could match the valuep rovided by MTCVB. It's like having a commissioned sales person on our staff. If they do well, we do even better. I am available to answer any questions you or other members of the Town Council may have regarding this communication. TM 1 an Tucson El Conquistador Golf&Tennis Resort DATE: AUGUST 9,2006 TO: TOWN OF ORO VALLEY COUNCIL MEMBERS FROM: TIM BOOTH SUBJECT: ORO VALLEY AGREEMENT WITH THE METROPOLITAN TUCSON CONVENTION &VISITORS BUREAU Dear Council Member: I returned from extended vacation to Oro Valley on Thursday, August 3, I learned that a significant decision was reached by the council regarding the distribution of bed tax collections. I regret very much that I was unable to attend the council meeting this past Wednesday evening. I believe a significant opportunity to share vital information with the council regarding the importance of ourp artnership with the MTCVB and overall impact of the MTCVB to the Hilton El Conquistador was missed. I understand that the situation has been put on the August 16 agenda for reconsideration and would very much appreciate the opportunity to meet with you and discuss data that will clearly have bearing on last week's decision. Below are the bullet points that I would appreciate the opportunity to discuss prior to the August 16 council meeting. • The increase of bed tax collections was designed to be a greater Tucson initiative aimed at positioning our destination (Tucson) properly in terms of overall marketing expenditures for a metropolitan area of this size. In review of council meeting minutes, this overall foundation of the increase in bed tax collections may have not been focused upon. • Equal support of the MTCVB to our Hilton Tucson El Conquistador Golf& Tennis Resort is critical to our overall success. I am deeply concerned that our council's decision potentially places our resort at a disadvantage to our primary competitors of Westin,Loews,and Marriott Starr Pass. 1 • LastY ear, the council adopted language in this referendum that provided the framework for future years to follow in similar fashion. It is important so that the MTCVB can represent all properties equally for this parity to continue forward into the future. • Considerable progress has been made in market share (our resort compared to other resorts) as a direct result of daily/weekly activity of the MTCVB. Proprietary information is available through me for direct review by council members. While it is difficult to express in open council meeting, this information is vital to understanding the return on investment questions raised by the council at this past council meeting. • Bed tax distributions from Hilton El Conquistador Resort to Oro Valley will total over $2.1 million for the period of 2003-2006. The increase from 2005 to 2006 forecast is over $500,000.00. The MTCVB has played a significant roll in growing these bed tax revenues and were the catalyst for the bed tax increase in the first place. • Impact of council decision on August 2 to the Hilton Tucson El Conquistador Golf& Tennis Resort can only be negative to the relationship with the MTCVB. Their partnership and equal representation is imperative to the overall continued success of our resort. No less than 50% of annual occupancy is derived by either direct or indirect efforts in conjunction with the MTCVB. Again, I deeply regret that I was unable to attend the council meeting on August 2, where I believe vital information was not presented to the council on this issue. I believe our council deserves the opportunity to clearly understand the facts so that a more informed decision can be reached. I am available to you at any point in time between now and the next council meeting so that I can further demonstrate with clear factual information why it is so important for us to continue our relationship with the MTCVB on an equal basis as we did last year. 2 TUC ea.G. Na. a,G.Ariz .© 1U CMCrig T . . __, s „ POLITAN tUCSQN CONVENTION 'VISITORS BUREAU ET'Rt 100 South Church AvenueMTC VB Financial Participation Agreement 2006-07 Tucson,Arizona 85701 520.624.1817 800.638.8350 Council Members: f:520.884.7804 bysaying that as a 13- ear resident and taxpayer of Oro Valley, I appreciate the ° . Let me begin y g 13-y ear job you are arY g ll t in to do to make the town I have chosen in which to raise a family one that is safer and well economicallyfounded. To that point, I want to address a few issues raised at the August 2nd Town Council meetingregarding the Financial Participation Agreement the Town has with the MTCVB. MTCVB has had a positive partnership with Oro Valley for 16 years. The MTCVB, the Town of Oro Valleyand the Hilton El Conquistador have worked very well togetherpromote to tourism since 1982. This was established as a way to drive more business Hilton and at the same time provides a revenue stream to the Town that does not take to the more money from the residents. This is a win-win situation. It is a partnership. Tourism is the second largest industry in Pima County and it has an even larger influence in Ile since the Hilton El Conquistador is the largest employer in the Town and is one of Oro Valley q the Town's largest taxpayers. The partnership between the MTCVB and Hilton has been a very g productive years one for many and together we have generated tens of millions of dollars in direct spending and tax collections to the Town. It is an investment. For a small investment, Oro Valleyis being marketed and promoted across the globe. As part of awo worldwide tourism marketingeffort, Oro Valley has leveraged its participation and gained attentionrecognitionplaces and in it could never reach without being part of a larger marketing force. Like anyinvestment, toget maximum benefit, the investment must be consistent and ° continuous. It should also reflect participation levels that are fair with other parties. The City of Tucson so and Pima Countythink highly of tourism and its economic benefit that they contribute 50% of the collected bed tax. Oro Valley is currently contributing 16.6% of its bed tax to the tourism marketing effort. Cutting the investment can only reduce the benefits. Questions from August 2nd Council Meeting. There were a couple of questions from the August 2nd session that required some research and I would like to respond to those here. Additional documentation is also attached for further explanation. 1. Question about the number of convention groups from May-November in the past couple of years. Convention business isgood for Oro Valley anytime of the year so recruitment efforts are not . May-November. But to this question, we have seen an increase during this time period restricted to y from 39 bookings in 04-05 to 40 bookings in 05-06. 2. Fulfillment of information requests received from Oro Valley home page. The short answer is none. We have asked repeatedly in the past for the Economic Development . Office of Oro Valleyto attach a link from their home page to our website. So far it has not been information established. We are happy information to fulfill all tourism related requests once the link is establishe . 3. Number of repeat groups vs new groups at the Hilton. For FY 04-05, onlythree groups were repeat. In 05-06 six repeated. As you can see, nearly all groupsare new ones brought to Oro Valley by the combined efforts of the Hilton and MTCVB. g 4. Number of site inspections to Oro Valley. sites were conducted which represented 22,500 people, 55,250 room nights, $20 million EEI. 75 p Also, brought have brou ht 7 national and international travel writers to the Hilton to write about the resort year andOro Valley. Last alone, 27 articles were written that mentioned the Hilton and Oro Valley with a circulation of 2.7 million people with an publicity value of over$600,000. regarding economic impact of group business for 05/06 and how that compared to past 2 years. 5. Questiong g p 2004/05 $11,018,000 2005/06 $11,377,000 6. Question about our marketing efforts to Mexico. ➢ We conducted 6 tradeshows with 5,200 attendees ➢ Opened an office and Visitor Center in Hermosillo ➢ Placed 13 ads ➢ Saw spending levels of$365 million in Pima County by Mexican tourists p 9 Attached is additional statistical data on what tourism does for Oro Valley. Please understand that we are all workingfor the same common goal, that of increased economic benefit to Oro Valley. clearly This shows that Oro Valley benefits greatly from tourism. Respectfully submitted, Jonathan D. Walker, CDME President& CEO MTCVB SITE INSPECTIONS Number of sites for 2005-2006: 75 Number of sites for 2004-2005: 72 The meeting planner site visit's in 2005/2006 represented a potential business volume of: People: 22,500 Room nights: 55,250 Economic Impact: $20,700,000 To Date: 12 groups turned definite with estimated values of: People: 3,000 Room nights: 7,000 Economic Impact: $2,650,000 ADVERTISING Advertising campaigns su supporting Hilton El Conquistador and other businesses like Tucson Golf Vacations pp g who are located in The Town of Oro Valley. Circulation numbers are included to gauge the exposure factor. PRINT ADVERTISING: Circulation 8,535,000 59 Ads placed in-group, golf, leisure publications DIRECT MAIL: Circulation 49,000 4 Major direct mail campaigns targeting meeting planners ELECTRONIC MARKETING: Circulation 412,500 24 E-blast targeted at meeting planners. Total Circulation 8,996,500 WEB SITE STATISTICS The Town of Oro Valleybusinesses that are displayed and listed on MTCVB website received the following Internet traffic volume: 50,000 visits TRADE SHOW AND SALES MISSIONS #OF SHOWS #CLIENTS/PEOPLE GROUP 38 22,600 CONSUMER 7 57,300 INTERNATIONAL 8 26,500 MEXICO 6 5,200 TOTAL'S 59 111,600 PUBLIC RELATIONS Activities supporting The Town of Oro Valley events and properties: 7 media leads/travel referrals and opportunities 27 printed articles 2.7 million impressions $604,547 publicity value MEXICO Estimated visitation to Tucson was approximately 6.5 million visitors last year, which was up about 8% from previous year. Our estimate is that The Town of Oro Valley receives approximately 60,000 Mexican visitors a year.