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Home My WebLink AboutPackets - Council Packets (1089) **AMENDED (02/11/05, 4:30 p.m.) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION FEBRUARY 16, 2005 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 5:30 PM 1. Pursuant to ARS 38-431.03(A)(3) & (A)(4) Consultation with the Town Attorney for legal advice and discussion regarding the Pager Pay Litigation 2. Pursuant to ARS 38-431.03(A)(1) Annual Performance Review of the Chief of Police RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER 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 may Mayor and Councilnot 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. 02/16/05 Agenda, Council Regular Session 2 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 01/19/05; 01/24/05; 01/28/05; 02/02/05 B. Building Safety Activity Report— January 2005 C. Resolution No. (R)05-06 Accepting a License Agreement for the replacement of existing signage and addition of new signage within the El Conquistador Way right-of-way D. Approval of a Public Art proposal for the San Jose Plaza, Lots 5 & 6, located directly south of the Holiday Inn Express on Oracle Road, Parcel #224-31-002D E. OV12-03-07 Approval of a Final Plat for T.J. Bednar Homes - 86 - sin lefamil lots on 15.94 acres, located on the south side of Rams single-family Field Pass, approximately 325 feet east of Oracle Road, Parcels 220- 11-0750 & 220-04-010K F. Resolution No. (R)05-07 Declaring the proposed amending of the Oro Valley Zoning Code Revised as a public record G. **Approval of Budget request in the amount of$250,000 for the Oro pp Valley Municipal Service Complex to secure the site, control dust and erosion and to begin the master planning of the complex 2. PRESENTATION FROM TUCSON MARATHON RACE DIRECTOR, PAM REED CONCERNING THE RECENT MARATHON AND RELAY 3. REQUEST FROM "PROJECT GRADUATION" FOR FUNDING BY MARY SNIDER, IRONWOOD RIDGE HIGH SCHOOL & B.J. MEYER, CANYON DEL ORO HIGH SCHOOL 4. CONSIDERATION AND POSSIBLE APPROVAL OF THE TOWN'S BUDGET AND BOND COMMITTEE REPORT TO COUNCIL FOR THE QUARTER ENDED DECEMBER 31, 2004 5. DISCUSSION AND/OR POSSIBLE ACTION REGARDING INITIATION OF AN ANNEXATION MAP FOR APPROXIMATELY 960 ACRES OF UNINCORPORATED TERRITORY LOCATED NORTH AND WEST OF THE CURRENT TOWN LIMITS, KNOWN AS THE LA CHOLLA AIRPARK 6. PUBLIC HEARING — ORDINANCE NO. (0)05-09 RESCINDING ORDINANCE NO. 00-20, WHICH ADOPTED AMENDMENTS TO THE ORO VALLEY TOWN CODE, CHAPTER 6, AMENDING ARTICLE 6-1 , ESTABLISHING A PUBLIC ARTS ENDOWMENT FUND AND RELATING TO AMENDMENTS OF THE ORO VALLEY ZONING CODE REVISED, CHAPTER 4, AMENDING SECTION 4-504 F. PUBLIC ART PROVISIONS; ESTABLISHING THESE AMENDMENTS AS PART OF THE ORO VALLEY ZONING CODE REVISED; PRESERVING RIGHTS AND DUTIES THAT HAVE ALREADY BEEN ASSURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER 02/16/05 Agenda, Council Regular Session 3 Explanation: This ordinance is related to the 1% for public art and the Oro Valley Endowment Fund. 7. PUBLIC HEARING — ORDINANCE NO. (0)05-10 RELATING TO THE ESTABLISHMENT OF RULES OF USE PERTAINING TO THE VARIOUS SHARED USE PATHS; ADDING ORO VALLEY TOWN CODE SECTION 10-1-3; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER FUTURE AGENDA ITEMS (The Council may bring forth general topics for 8. future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H) CALL TO AUDIENCE — At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's Y agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members mayask Town Staff to review the matter, ask that the matter be placed og n a future agenda, or respond to criticism made by speakers. However, the Mayor and Council maynot discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify whatY ou wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 02/04/05 AMENDED AGENDA POSTED: 02/11/05 4:30p.m. 4:30 p.m. lh Ih Whenpossible, 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. The Town complies of Oro Valley with the Americans with Disabilities Act (ADA). If any person with a disabilityneeds any type of accommodation, please notify the Town Clerk's Office at 229-4700. 02/16/05 Agenda, Council Regular Session 4 INSTRUCTIONS TO SPEAKERS publicright of the have the ri ht to speak during any posted public hearing. However, those items not listed as a public hearing are for g consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. Ify ou wish to address the Town Council on any item(s) on this agenda, please p a complete speaker card located on the Agenda table at the back of the room p andg ive it to the Town Clerk. Please indicate on the speaker card which item you and topic 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 stepforward 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 onlyon the issue currently being discussed by Council. Please p p your organizespeech, you will only be allowed to address the Council g 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 Anymember of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION FEBRUARY 16, 2005 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 5:30 PM 1. Pursuant to ARS 38-431 .03(A)(3) & (A)(4) Consultation with the Town Attorney for legal advice and discussion regarding the Pager Pay Litigation 2. Pursuant to ARS 38-431 .03(A)(1) Annual Performance Review of the Chief of Police RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER 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. 02/16/05 Agenda, Council Regular Session 2 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 01/19/05; 01/24/05; 01/28/05; 02/02/05 B. Building Safety Activity Report— January 2005 C. Resolution No. (R)05-06 Accepting a License Agreement for the replacement of existing signage and addition of new signage within the El Conquistador Way right-of-way D. Approval of a Public Art proposal for the San Jose Plaza, Lots 5 & 6, located directly south of the Holiday Inn Express on Oracle Road, Parcel #224-31-002D E. OV12-03-07 Approval of a Final Plat for T.J. Bednar Homes - 86 single-family lots on 15.94 acres, located on the south side of Rams Field Pass, approximately 325 feet east of Oracle Road, Parcels 220- 11-0750 & 220-04-010K F. Resolution No. (R)05-07 Declaring the proposed amending of the Oro Valley Zoning Code Revised as a public record 2. PRESENTATION FROM TUCSON MARATHON RACE DIRECTOR, PAM REED CONCERNING THE RECENT MARATHON AND RELAY 3. REQUEST FROM "PROJECT GRADUATION" FOR FUNDING BY MARY SNIDER, IRONWOOD RIDGE HIGH SCHOOL & B.J. MEYER, CANYON DEL ORO HIGH SCHOOL 4. CONSIDERATION AND POSSIBLE APPROVAL OF THE TOWN'S BUDGET AND BOND COMMITTEE REPORT TO COUNCIL FOR THE QUARTER ENDED DECEMBER 31, 2004 5. DISCUSSION AND/OR POSSIBLE ACTION REGARDING INITIATION OF AN ANNEXATION MAP FOR APPROXIMATELY 960 ACRES OF UNINCORPORATED TERRITORY LOCATED NORTH AND WEST OF THE CURRENT TOWN LIMITS, KNOWN AS THE LA CHOLLA AIRPARK 6. PUBLIC HEARING — ORDINANCE NO. (0)05-09 RESCINDING ORDINANCE NO. 00-20, WHICH ADOPTED AMENDMENTS TO THE ORO VALLEY TOWN CODE, CHAPTER 6, AMENDING ARTICLE 6-1, ESTABLISHING A PUBLIC ARTS ENDOWMENT FUND AND RELATING TO AMENDMENTS OF THE ORO VALLEY ZONING CODE REVISED, CHAPTER 4, AMENDING SECTION 4-504 F. PUBLIC ART PROVISIONS; ESTABLISHING THESE AMENDMENTS AS PART OF THE ORO VALLEY ZONING CODE REVISED; PRESERVING RIGHTS AND DUTIES THAT HAVE ALREADY BEEN ASSURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER Explanation: This ordinance is related to the 1% for public art and the Oro Valley Endowment Fund. 02/16/05 Agenda, Council Regular Session 3 7. PUBLIC HEARING — ORDINANCE NO. (0)05-10 RELATING TO THE ESTABLISHMENT OF RULES OF USE PERTAINING TO THE VARIOUS SHARED USE PATHS; ADDING ORO VALLEY TOWN CODE SECTION 10-1-3; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER 8. FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H) CALL TO AUDIENCE — At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify whaty ou wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 02/04/05 4:30 p.m. lh Whenp ossible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk's Office at 229-4700. 02/16/05 Agenda, Council Regular Session 4 INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION JANUARY 19, 2005 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER 5:31 p.m. ROLL CALL PRESENT: • Paul Loomis, Mayor • Barry0' Gillaspie, Vice Mayor(am :t 5:45 pm) / Paula Abbott, Council Membew-:Y.; ;/0. ,JJ -ati K.C. Carter, Council Memb- /..;N. An>., e ;. s%•.. Conny Culver, Council „ ,rilgiber R Helen D ankw erth Co 'Member • ;� ,, .til•.F.y.h: Terry Parish, Coun em 11,;-,- 141:;,,4r-/ fir%?':✓"<. J/ z. EXECUTIVE SESSION AT OR AFTER 5:31 P and SECONDED by/ '.-7;04r:464_,-,,f"%%33'' ` y.: MOTION: A MOTION was made by ber ' ; � � Council Member Dankwerth to go into � :. ti K d:..t 5.31 p.m. for the following purpose: - � i/.} �r�s` I•t JYn• 1. Pursuant to ARS 38- -' )(3) ` 4) Legal Advice, direction and 40-&?40,a, ,: ;� La '"� '�, filed September 17, 2004 regarding settlement authorit �-��- ai a�� to a l. �y��it Canada Drive/L,!:!!!:-rt La ) - ,"-lory,p.,:. t/Extension sion of landscape completion date OV12-02-1 } y0i 01/05/05 Minutes,Town Council Regular Session 2 MOTION: A MOTION was made by Council Member Parish and SECONDED by Council Member Culver to go out of Executive Session at 6:54 p.m. Motion carried 7— 0. RESUME REGULAR SESSION AT OR AFTER 7:00 P.M. CALL TO ORDER 7:01 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Paula Abbott, Vice Mayor K.C. Carter, Council Member Conny Culver, Council Member Helen Dankwerth, Council Member `-0, Barry Gillaspie, Council Member Terry Parish Council Member `igig gy* PLEDGE OF ALLEGIANCE 4a7 Mayor Loomis led the audience in the Pledge of %;*, /1:4, r UPCOMING MEETING ANNOUNCEMENTS �--�&'� �-#; Town Manager Chuck Sweet reviewed 4,7,111444141,!, mee ��a� and events. COUNCIL REPORTS .y,.?::"Vit•-,1: 4001: pipe Mayor Loomis reported t 4yl;�: ' K� n l E10,Y1.1fre' '+f��!�� %� a is Development Corporation has held their first meetin • He -3rye that/ •:- an committee consists of the Ma or of 1: /`".f` and the Presidents of the University Tucson, the Chair of the �:.�4�� '� • � �?r e t of Arizona Pima Co �� nit ' s ��e and the` ,:� ,�; y ?�, ,; �. Greater Tucson Chamber of Commerce. Mayor Loomis � 47:- he o a rotating committee that will serve with the Board , ! : :�;: r . of Directors4g ` a has`F := 5:.sele t, 6`as the Small Jurisdiction representative and dwell serve for t ` ~'�:°/:. -ars. ,.., DEPARTME '•°f .P S „1„, Chief Danny Sharp st: ed that five new police officers will be graduating from the Police Academy on Friday, January 21st and beginning January 30th, seven more candidates will be starting the Academy. TOWN MANAGER'S REPORT Town Manager Chuck Sweet reported that several people from Town nYJanuary Hall will be attending the Cities and Towns Day held at the State Capitol on Thursday, 20th at which time they can speak to the Legislators about new laws, etc. ORDER OF BUSINESS: There being no objections, Mayor Loomis moved Item 11 up on the Agenda to follow the Consent Agenda. 01/05/05 Minutes,Town Council Regular Session 3 CALL TO AUDIENCE James D. Kriegh, 40 E. Calle Concordia, stated that he believed that it was time that the Council take definitive action that would give the citizens a chance to decide whether or not they want to have significant improvements made regarding parks, recreational facilities, obtaining historic sites, and transportation. He suggested that the Council placea question uestion on the ballot of the next election regarding enacting a '/2 cent sales tax that would be used for only such purposes. He stated that the Town did not need a property tax,but a sales tax would allow development to take place that would benefit the p Y citizens and visitors using the Town's facilities. He also stated that this would be a fair way of raising money since everyone spending money in the Town would help pay the costs of providing such improvements. 1. CONSENT AGENDA MOTION: Council Member Parish MOVED to APP',9;r!IE the Co p:. genda with of Item D. Council Member Gillaspie,, 0 � �ONDED the "` , ) . the exception Motion carried, 7—0 "" flir; �99yyi,?'j'sY i-h r 1. CONSENT AGENDA veiv :iiirfffiNA,,,,,Iber A. Buildin Safet Activity Re B. Resolution No• (R)05-02 Ap" - vin.-., ', % ; §�erizing a contract with Burns y am•`. Wald-Hopkins for Constructio :, •,ia� ,� ". :1r/�:�� a :ement and Professional /itt i, p ' rod ect, Transfer Funds to Community /rr „/ Services for the L4,,m4414/' �� x ans� �~��` 'evelo ment : + f N ofessi . I Services; and Authorize staff to solicit Aik for Sealed BrM�r .� , sion Project C. Resolution r`,..>, �. .. �., ��- ��;;...::.�� ;� �.�,� � <� s ;" ng the execution of an Agreement between the To ,,,:A,,•Nf Ori rte;r y and the City of Tucson relating to the sale of real : r>: fir 1F'>",.;. ;. ' 40,„i!c!!6,hase Well Site C-099pro . ; er . R<,16 3 . " Yf 0 4 1 Authorizinga Construction Contract between the D. �� tion ~� ) of Oro ' '� and K E & G Development, LLC. in the amount of �b��? p a �Y $ ,.A �-40.00 toS r' `struct Shadow Mountain Estates 12-inch"D" Zone Water �.� � �a ., �'`� 12/15/04) FOR DISCUSSION) 't:; :` �from Mai �� ,,ti.�� . �``��N'`��`r X` an Intergovernmental Agreement E. Resoluta ` �-1. (R)05-04 Approving g ' between tha Town of Oro Valley and Pima County/Pima Regional Special Weapons and Tactics Team D. RESOLUTION NO. (R)04-126 AUTHORIZING A CONSTRUCTION CONTRACT BETWEEN THE TOWN OF ORO VALLEY AND K E & G DEVELOPMENT, LLC. IN THE AMOUNT OF $483,400.00 TO CONSTRUCT SHADOW MOUNTAIN ESTATES 12-INCH "D" ZONE WATER MAIN (Continued from 12/15/04) In response to a question from Vice Mayor Gillaspie, Water Utility Director Alan Forrest neigreportedhborhood g that a hborhood meeting was held on January 5th. He explained that staff showed those attending the meeting the plans of alignment and fire hydrant placement. He stated thatp revious meetings had also been held to discuss the well site in detail. He 01/05/05 Minutes,Town Council Regular Session 4 further explained that there were some questions and comments from the neighbors, but he felt that those could be dealt with throughout the course of the project. MOTION: Vice Mayor Gillaspie MOVED to APPROVE Consent Agenda Item D, Resolution (R)04-126. Council Member Parish SECONDED the motion. Motion carried, 7—0. 11. DISCUSSION/CONSIDERATION OF SETTLEMENT WITH LA CANADA/LAMBERT LANE DEVELOPMENT (BEZTAK) Brad Woodford, Outside Legal Council with Moyes Storey Law Offices, reviewed his memorandum to the Mayor and Council dated December 14, 20047 .rding a possible settlement agreement with Beztak (Oro Valley Shopping Cente„ ) for theLa Canad a ,r:i and Lambert Lane Development Provisions of the settlement# :, •ent: 1) The grading exception to level the hill along Lamb q '/an" �'� :;:be extended for a period of 6 months from the date of the agreem i'` ` 2) The viabilityof the development and landsc. ,an are extend-"t t a period of p OA "-a roximatel 8 months 15 months from,gate s.;'- x agreemen .) - y3) The development plan and landscape plan s-N. ,;.mended by the following 4,4 chanes• 0/.lig'. a) The project is now phases; ¢t.:.:o 4 phases, ments (1), Commercial on Lambert Lane(2), Com : �?; ``"""y: : Cana " '`rive (3) and Restaurant on Lambert Lane(4). Phase ? "& ;be 'a - ,. - than October 15, 2005 or the ° :; ,:s 1 and 2 shall be completed by entire development plan wl'•� -`¢ •-�� .��- September 1, " -t . ..enalt �•� the amount of$5,000 per month for phase be paid to the Town. each �� "�� c b) The costs .: � power lines alongLambert Lane to be unde�� In• !VI 4.s. shared b � .,�:: �. ...�. �.�... ,�. ��y Y " - : =: b =hf e Town are now specified (developer pays sli• Y` " � he• • mora. gif t Tow , 4 t (0 ... o -11 ;-: ro' cect has been revised to allow � �� Code required sized fy , ees ex pit th ,t uthern boundary which shall have oversized trees virg hich are zytained in the nurse The developer shall install perimeter , sca in•, .� fing Lambert Lane and La Canada Drive at the completion o • „. d) Stozg on the apartments will be modified in accordance with an agree N"=nt with Canada Hills Community Association Design Review Committee. Mr. Woodford stated that the settlement agreement contains benefits and detriments for both parties and settles the litigation which could involve the Town in extensive legal fines. MOTION: Vice Mayor Gillaspie MOVED to accept the proposed settlement agreement for concluding the lawsuit concerning the La Canada/Lambert Lane property, commonly referred to as Beztak noting that it is the Council's understanding that Section 2.2.3a referencing the phrase "reapply or request an extension” applies to Section 2.2.5 only. Council Member Abbott SECONDED the motion. Motion carried, 7—0. 01/05/05 Minutes,Town Council Regular Session 5 Mayor Loomis recessed the meeting at 7:17 p.m. The meeting resumed at 7:25 p.m. 2. CITIZEN'S PLANNING INSTITUTE GRADUATION Mayor Loomis and Community Development Director Brent Sinclair presented Graduation Certificates to the following participants of the 2004/05 Citizen's Planning Institute: Matt Adamson, John Aiming, Arinda Asper, Tom Bush, Lindsay Combs, Al Cook, Betty Danker, Tony Eichorn, Louise Eskes, Gregg Forszt, Sarah Frost, Jim Groh, Maxine Henderson, Anil Hiremath, Bob Horn, Margot Hurst, David Johnson, Harold Kandetzke, Michael Kaye, Elizabeth Kelly, John Kingston, Terry Lorenzen, Stephen Lucas, Nancy Mogck, Leann O'Brian, Marc Panas, John Perkovich, Anna Philli I r oney Pivirotto, . ? Clark Reddin, Steve Rivera, Lenaker Robin, Franklin Roth, To•,%55 ' auf, Erik Shapiro, Scott Soyer, Ralph Stein, Dan Sturmon, Danielle Tanner, Sc ✓`y; `y .;� ;;'9� 'attenrsfiwt, , Jeff Weatherford, and David Welsh. "`! 1P1 � �=��A�� CARDING 3. PRESENTATION BY RACE DIRECTO Y ��• NA COON •, ORO VALLEY CACTUS CLASSIC VI " :: • TING �` ARATHON THE �..IN NOVEMBER 7, 2004 HELD ON i:;;,,•pry .. Coonce, Cactus Classic In-Line S.4 � Maratho'`` 4 ,- Director, thanked the Diana Town Council for their support for the q - �/' �,t,e state ='at 150 skaters from 22 and Canada participated in this aZ y`.a ar �, it Z ,,, . She reported that the event States p p p ,�� .� generated $230,000 for the Town of Oro -41:41I ra'��M d $8,000 for the event's .y; beneficiary, Tucson Youth S J eventy2 y 0too 101- 'f y. • to t y r4 vent and then presented the Council with ' ' Ms. Coonce also recog�4g� •� • of Appreciatio -. �. ..: " he stated that the next year's marathon will a Plaque , be held on the first day : vember. 4. CO 4s n RU - ,N 've, REPORT fl �.. ice. sy.,/r•,,`: fes., • ' ;' rl • v, r reviewed highlights from the December 2004 Chuck Kidw ;.,:�6 .nsit A . istrator, 'f#0,%:,- Coyote Run Mo :'` •� �oxp Co �. ; ,.M: He then reviewed a PowerPoint presentation highlighting y ��`'.��.,-� �� issues. f ortation Plan, growth of the operation and current s Coyote Run, the 1� 1 ,��;;, ransp p 5. REPORT ON PIMA COUNTY TEEN COURT—NORTHWEST DIVISION, BY KATE SPAULDING Public Information Officer Bob Kovitz reported that the Town of Oro Valley has had the privilege e of offering a"home" to Pima Prevention Partnership's Pima County Teen Court Northwest Division. He then introduced Ms. Kate Spaulding, Teen Court Coordinator. Kate Spaulding reported that on May 4, 2004, Teen Court heard their first case at the Oro ValleyMagistrate Court. She stated that 17 students from the local high schools have gone through "attorney training", passed a Bar Exam and have heard 58 cases to date. The jurors are also local high school students. Ms. Spaulding then introduced Beverly Mack, Teen Attorney. 01/05/05 Minutes,Town Council Regular Session 6 Beverly Mack showed pictures of the court proceedings and reviewed the process for Teen Court. 6. PRESENTATION REGARDING MOUNT LEMMON/SKY ISLAND AERIAL TRAM, BY CURTIS LUECK OF CURTIS LUECK& ASSOCIATES Town Manager Chuck Sweet explained that Mr. Curtis Lueck was unavailable for tonight's presentation. He stated that Mr. Lueck suggested that his presentation be rescheduled for some time in the future after he has had the opportunity to meet with Pima County regarding a feasibility study. MOTION: Council Member Dankwerth MOVED to CONTINU item indefinitely. f}r Council Member Abbott SECONDED the motion. Motion ca '! ` F—0. / W Mayor Loomis recessed the meeting at 8:00 p.m. The me, : re 1, at 8:08 p.m. 117P;dy 7. ISCUSSION, CONSIDERATION AND 1,, IBLE ADO ; N OF THE GENERAL PLAN PUBLIC INPUT AND OU -A; s 441./ 'S✓}�_^lir... CommunityDevelopment Director Brent Sinclair re. ': F. p01.1that the General Plan Public - l.. Input and Outreach Plan was presented t•: .-,,,Council a `?y t StudySession on January ;: � '"�esi ned to provide the 13th. He stated that the Plan is compreh"� ,� �� •:�-�:�N0.e an.�� f. g maximum public participation and educa :/0 fro EMs :: x-, 1 the General Plan Update is presented to the citizens for their approva ' : - 6'• " ` the cost of the Plan is $23,468 pp � as proposed y Zimmerman 14 rf9% . s, a ciates /ii h associated costs for printing, paper, postage, etc. .y,,.- .. :: >: 44(... Discuc■c, ss on followed re ' / �lyr/" ' : ssion Y�4', �• �• �'}//'� y:.•:j�ii�,L: ii!!"4�i,;,w' '}+�Tr* 4,i. /l,.:,.•'� • Is amount o s vertover-kill o Teti}1 wititcfva ered and repetitive in order to reach all citizens and %;y4 f .e m"4.2S! • St. begin th cess immediately. • Conc= x - effort qitt-identified to get citizens to public hearings, etc. 9: .irot..tion of the process will be included with the first open house --494y i!Y...Y.,a. setR,; ary • Agreement wi Zimmerman and Associates provides for many different options. o Town is not obligated to do all options. • Need to increase public awareness. This is not"over-kill." o Since fiscal year 2000, the Town has spent $676,000 on the General Plan Update to try to get a Plan that is satisfactory for the community and get it approved. • Public input and outreach is critical for ultimate success of the Plan. • In current Budget, $39,000 has been approved for this process of the General Plan. • Proposed process is standard. Hope that staff can find creative ways to reach the citizens. • Cost of election is high. Make sure we do everything we can to get ballots returned. 01/05/05 Minutes,Town Council Regular Session 7 MOTION: Council Member Parish MOVED to APPROVE the General Plan Public Information and Education Plan authorizing $23,468 for a contract with Zimmerman and Associates. Council Member Abbott SECONDED the motion. Motion carried, 7 —0. 8. PUBLIC HEARING—ORDINANCE NO. (0)05-05 AMENDING THE TOWN OF ORO VALLEY, ARIZONA RIPARIAN MAP ASSOCIATED WITH CHAPTER 10, SECTION 10-7 OF THE ORO VALLEY ZONING CODE REVISED TO REMOVE A RIPARIAN HABITAT DESIGNATION ON A PORTION OF THE PARCEL LOCATED ON THE SOUTHEAST CORNER OF TANGERINE ROAD AND LA CHOLLA BOULEVARD, PARCEL #224-08-0020 Jay Essler, J.K.E. Bio-Consulting, representing the property owner.- : viewed a brief owner,; viewed history and synopsis of his report regarding the property locatee,.: J e southeast corner of Tangerine Road and La Cholla Boulevard. He explained /' � rea has been 1H � H 4 `��•.ttative Volume degraded to the point of not meeting the Oro Valley Zonin "tvi de .; *41 Standard and so does not meet the xeroriparian desi n.. y He furt t :ts iewed culverts p g r.�.� = ... that have been added to the area and discussed the s Rey"g : raina e in th- .a14 ,and stated that it is an area of increased runoff due to sheet yng. -xplained t at any for bythe sheet $ � � •.` "is not from a xeroriparian vegetation present is accounted ;,,: p influence. He also stated that the Town's consultant .. x s 's Environmental, have also determined that the vegetation in the are. ; -;s not mee - 0£ . reshold established in the Zoning Code. tigeoptK4,, r.��'f .:.-rr/fl Nn/.fr'J.:.:.. .,/syr:%•• :. �' r h ..r ,4 rl' ,r�+ri 4,�jlis' Planning and Zoning Administrator Bryan :: . A'.e ` ed an overhead map depicting the riparian area. He also rev; . . 5 e Zo ode descriptions of Riparian and Low arian habitats and hH:: `ati` ;fig at ma resent. Mr. Nodine reported that the Xerori �� p p parcel consists of 32.17.:Y.1V- and - erre '. oning of R1-144. The site is designated z r /t r'rrr Neighborhood Commer "AV e +'genne and La Cholla) and Medium Density Residential in the !.'.6 Ge y v';lan. He stated that staff expects that a rezoning application wi "M 0', ture. pp .� s5 �� X�� the z.��: en /// ft* Mr. Nodin , er report z• .at staff required that the applicant hire a biologist (Mr. s� also hire another biolo ist(that the Town would to Essler) to an. �.�4 e site ;fit.' g� select) do a peer revie - _ 'er's work. He explained that on September 21st, the applicant's consult +v$�.�::" Hams Environmental met onsite and both concluded that this is not a xeroriparian a--a and it does not meet the vegetative volume. However, Harris Environmental does note that the newly installed culverts could result in a rejuvenation of growth. Mr. Nodine stated that the Planning and Zoning Commission moved to recommend the removal of the xeroriparian habitat designation on the western portion of thep arcel subject to conditions at their December 7th meeting. Mr. Nodine then reviewed the factors for and against the requested amendment: FACTORS FOR- 1. Recommendation of the Planning Commission to remove the riparian designation. 2. The conclusions of both the applicant's and Town's consultants that plant densities do not qualify as xeroriparian per the Oro Valley Zoning Code definition. 01/05/05 Minutes,Town Council Regular Session 8 3. The riparian area is severely fragmented (bisected by Tangerine Road and La Cholla Boulevard.) 4. Downstream flows can be maintained via an easement. 5. Significant vegetation must be transplanted to supplement the remaining riparian area on site as provided in Exhibit A. FACTORS AGAINST- 1. The recent installation of culverts, near the intersection of La Cholla Boulevard and Tangerine Road will restore water flows that may result in re-vegetation of the riparian area over time. 2. There is biological value to maintain a continuous length of riparian area over the 2.5 mile corridor. 400' Discussion followed regarding: 4100 .:' / • Right-of-way dedications would further reduce-g o .:. are a., • & A aerial photos Originally designated riparian area in 199649_;:1994 �1 .., ;�: by McGann and Associates and updated '. ;:: 0 using 199. E:11,/7,4,:l photos by Harris Environmental. (Field checks i 'ed t.uW; ' and ch e ck patterns.) .f: • General Plan states that where possibl= ,' • : r "should maintain and "CPA';':- . :!%y1�ff'FF'"'%' �ifs enhance these types of environments. '_. {- . • U.S. Fish and Wildlife Servic 5 :. •est that �u"rye inin the qualityof the .iq,y,: � g ! ,,66 icy .yr.,. r:/4`i/'yiG habitat is important. • Culverts could potentially en "} A4re t h .:. .:•40,.rea. More consistent flow could be realized verses the flo fi :.1 i.. e . ions dip crossing. • Culverts installed : i �(. hydr •F.IY studies in efforts to convey a 100-year • �N"///. y is event , • With the cu . is 'insta iris . if t ater is allowed to pass through and if the local droye.'"efliti: ° 've etation could be enhanced. (Colby Henley i p Ha'r :: ;:;vironmental) • We:•: 1r q .s present in this area before as far as vegetation. 44,11t/ we iii/belf!.'ting a riparian area? ■ 04, changes g, e been seen, i.e. installation of road, improvements to the aisin• "•.1. pavingthe road, andthe ro � • �.a��; installation of culverts. • Is ar- "` - frh a riparian area creating a contiguous riparian area? • Impact r :: "ignated riparian area must be mitigated on a 1:1 basis. • Additiona omes in the area would create additional runoff. (Current General Plan zoning is for 3-acre lots.) ■ Plans for the area are unknown. There is value in maintaining what is now present. ■ Why is this issue being brought forward at this time? (Mr. Essler explained that the applicant wanted to address environmental issues and concerns early in the phase.) • Culvert flow and frequencies reviewed by Mr. Essler. Also stated that he did not see any"relic evidence" (going back approximately 15 - 20 years) in the small drainage that would support a strong xeroriparian area. Further stated that he found no strong evidence of connections from this property to the north end. 01/05/05 Minutes,Town Council Regular Session 9 Mayor Loomis opened the public hearing. Bill Adler, 10720 N. Eagle Eye Place, stated that the staff report stated that "existing conditions dictate the need for removing the prescribed designation." He said that he felt the opposite was true in that part of the existing conditions were the roadway improvements which would change and increase water flows to the property. Therefore, vegetative volume would likely increase. He further stated that the Town's General Plans have consistently highlighted the importance of preservation and protection of washes and riparian areas. Nancy Martin, 11780 N. Via de la Verbenita, stated that she realized that the area would {�' d be developed and she was looking forward to working with the deAver�', er to develop the • enhance the communityand re, ro ert values and property in a manner that would 4 is. .ter,! p y the qualityof life. However, gettingrid of a riparian desi na• �" `: of the solution. She designa ,,.r;. stated that the General Plan highlights that priorities exist e: � o the areas natural attributes and then reviewed sections of the General P1. 1 :ertaining - . , rian habitat. She asked that the Council oppose this amendment ,ossti4 good of the Ifilh unity. NcY %r��'4' Mayor Loomis closed the public hearing. .w ; �. MOTION• Council Member Abbott MIP), to DE ',9-04-06 finding that it does not meet the criteria/policies establishes '14,!,,!;,,,--.‘17,,.: , �� , al Pl:"z �:- ouncil Member Carter �� ' /.... !!//.dy/.tl. ill! ,•Y SECONDED the motion. /f., `""* i"f"'.�,'� DISCUSSION: :� :h., �..:; • Premature to remo, ' j° s t an ar-a- of enough information. If don't know what ispropose. :.: his s'�'” " �4fr.9." F X-��• canYY�"�- know for sure that it needs to be 'r '`%q;; i'9" 047aft, � . • '` 4F' 5 ' ithout removing the riparian area• Can not removed. Belie � � � .� � � support the -•uest.` Culver) pp �, �. • Are the'=" e $." ght• ings of the Pygmy Owl in this area? (C.M. Ati , Da '!" ) ( y.¢ er s that there have been no sightings. Mayor Loomis ;Nle ¢m., ,f' r 4> ! t this are. z 'n the Pygmy Owl habitat so anydevelopment on the sta ��. �{. 19;;_ yg y pro e� to me,- rtain criteria. Mr• Nodine explained that if there were any p p ��4 4��tNy Pygmy I" ;�; ite, the U.S. Fish and Wildlife Service would be intimately involved in` l ..k,x He stated that the end result would be to create no harmful • effect on the o v Is.) • In response to a question from Council Member Abbott, Mr. Henley stated that drought, seasonal differences, etc. can cause fluctuations in the vegetation volume totals. • Biologists state that there is nothing that indicates that this area was a xeroriparian area since 1996. This area does not meet the definition; we should not disregard the rules established by the Zoning Code. (C.M. Parish) • Suggest continuing this item to get additional data. At this point this area does not meet criteria but would like to understand what the change might do to the riparian areas to the north and south. Do we need to look at these areas too? Will oppose the motion to deny at this time in hope that staff can bring forth more information regarding the entire wash area. (Mayor Loomis) 01/05/05 Minutes,Town Council Regular Session 10 • No one can prove that this area wasn't previously a riparian area. If going to error, error on the side of preserving and protecting the area in question as described in the General Plan. Drainage improvements done on Tangerine Road will impact this area. (C. M. Abbott) • Would like more information. Feel area has been like this for along time and we do not have sufficient information as to what would go on to the north and the south. Do not want to preclude anything at this time so will not support the motion for denial. (C.M. Dankwerth) ■ In response to a question from Vice Mayor Gillaspie, Mr. Nodine explained that the petitioner can request removal of a riparian habitat at any time. The Zoning Code does not specify when riparian changes must be applied for. • Does not think that there is any dispute ute that this is a xerori t n area as it does ter. not meet the Town's total vegetative volume criteria. B)gyi'. =d to consider the General Plan policies and the fact that the U.S. Fish . :. f ,6s life Service stated Nor/1>� ,✓/ ;yy. that they would have significant issues to work wit p " r ' 's •st/west and north/south habitat requirements which are con 4,-4-with v= ti 've volumes in the area• •M• Gillaspie)(V • In response to a question from Mayor Lo s: r 'egar .(y;, the define on of xeroriparian, Mr• Nodine explained that st . R ,.'-biologists look at all the definitions within the Zoning Code-Is there a'0459,'ciated water source? Are there the appropriate types of vegetatio, ==' :.he area• Mre the density required? ■ According to the Town's definit . ! '� e g '' sot a xV7 parian area• Asking that Council consider a continuance l '`tat r s"`tt��3." ) �� h �, ;, d definitions, look at consistency, and allow U.S. Fish a- ` e - ice to work with the developer. (C.M. Parish) frtofj ,4"0-, „tee „ „wst ,v41`, MOTION TO DENY . d 4— Ma ��' oomis Council Member Ir Ij ►:, .. Parish, and Council Member Dank li 9 e:3,r �- :;*,: .�y.d.�;jf: jrA„ry . Mayor Loomis/=cv(-741,(4.44e m e.f �� at 9:35 p•m• The meeting ng resumed at 9:45 p.m. (Council M-I CulyA) the ,:tin during this recess.) 41r 1014, 9• PUB ~ 64.EARI PQ N— ORDINANCE NO. (0)05-06 ADOPTING A CONDITION V �, y ,:- jDi4 MIT TO ALLOW AN AUTOMOBILE SERVICE USE WITHIN A C-2 / %"1ERCIAL DISTRICT, LOCATED ON THE NORTH SIDE OF PUSCH VIEW NE, WEST OF ORACLE ROAD ON PARCEL #224-28- 143A Jerry Kessler, 401 W. Baseline, Suite 106, Phoenix, architect representing the developer, reviewed an overhead plan for the Mercado Del Rio Center. He explained that the request for the automobile service facility is on lot 13. He stated that the hours of operation would be six days per week, 7:00 a.m. — 7:00 p.m. He stated that no work would be done outside the building; there would be no outside storage; and the facility would be kept neat and clean. In response to a question from Council Member Carter, Mr. Kessler explained that the facility would be a Brake Master. 01/05/05 Minutes,Town Council Regular Session 11 In response to a question from Council Member Abbott, Mr. Kessler stated that Condition#3 of Exhibit "A" would apply to both the south and east sides. In response to a question from Council Member Parish regarding potential noise issues, Mr. Kessler explained that they used the guidelines from the Sound Study that was completed for the Brake Max at Oracle Crossings Shopping Center. He stated that 6 foot walls would be installed in more sensitive areas (to the east and to the southeast.) Layne Lundeen, Heights Properties, 6179 E. Broadway, applicant, further explained that they wanted to be harmonious with the rest of the development which would be using three (3) foot and four(4) foot walls, berming, etc. so they did not want to limit the screening by stating"only six foot walls" would be installed. He s ;-• that they wanted ,.r to achieve the desired screening of the bay doors but wanted la,.„j :e in the Conditions v". �.ilit Of Approval that would allow the Development Review Boa;;� y to review the design, etc. of the noise attenuation measures. r• •) Development Director Brent Sinclair rte',,c eed the staff re` Community p p nd explained that this project site lies within the 17-acre"Mere%� r _ii el 'F�"ra commercia subdivision approved as a Master Development Pl .: "..:Ma 2004 with the Final which was p .�: ��:.�� ,��" Y Plat beingapproved in October 2004. He explained /1,.:0,1!/e project ect meets the conditions and standards of the MDP and also meet. g- equirem= "" the C- 2 Zoning District with respect to setbacks and height. He" . ! t thea ``Icant is now requesting a'��' '" ;�n the project. Mr. Sinclair Conditional Use Permit (CUP) for the usVi a A ;�•::�� r y: stated that when looking at granting a CU✓ r; `' s-"finsider that the "granting of such •conditional use permit will ny ateriall`4mental to the public health, safety, or welfare." He stated that t }``"" ` !•ble noise and conditions in Exhibit "A" 4t. y r� �� was �•.��: offer the applicant possiliptio 'oise. He further confirmed that the Sound Study from the • r6 "e;it opment was also used for this project. wr4 Further discus .:p °9'"70 r-'" ': ':$ g the Conditions in Exhibit "A", possibly removing the word "r--�ttial" ; one' 2 ba doors facing the north (lots on north end are all automo40,744,/- es sigh ', I.bility, etc. '.�. :::.. i.,ref•; ,�t5' is " `blic hearing. There being no speakers, the public hearing Mayor Loomis •"� �� . ' �� g• was closed. N2: MOTION: Council Member Abbott MOVED to ADOPT Ordinance (0)05-06, OV8-04- 06, the request for a brake shop on Lot 13 of the Mercado Del Rio center, subject to the conditions listed in Exhibit"A". EXHIBIT "A" (Per amended motion.) 1. No auto service activity (storage, repair, or sales) shall take place outside of the building. This requirement shall be added as a General Note to the Lot 13 Development Plan. 2. No outside speakers may be used, and if interior speakers are used, they shall not be audible from adjacent residential properties. This requirement shall be added as a General Note to the Lot 13 Development Plan. 01/05/05 Minutes,Town Council Regular Session 12 3. The view of all repair activity must be partially blocked by installing one or a combination of the following: a. Masonry wall with vegetation on both sides b. Opaque vegetative screen The specific combination, height, extent, and location of the aforementioned screening will be determined by the Development Review Board as part of the anticipated Landscape Plan review. 4. Noise attenuation must be provided to reduce sound emitted beyond the southern property boundary to equivalent or lower than anticipated ambient levels via the following options: a. Incorporate wing walls on the building in a manner similar to the Oracle Crossing Brake Shop pad f' r /44 flf b. Establish a 6 foot high wall along the southern p,;.OSy line (vegetation has a minimal beneficial effect) commencin•, • ls-: edge of the most southerly bay door c. Alternative methods that would achi- t...e sam ,...-1 of sound Att attenuation as therevious options - ., 'approved by ''lannin & p p ' � pp -�;r g , f,•` ;Zoning Administrator and Developei� 'Rev `y Board. 000, The aesthetic design of all noise atten, .ures must be ultimately f, reviewed by the Development Review Boar. tb°s:y , :.; of Landscape Plan review.• Council Member Dankwerth SECOND - 4-1. AMENDMENT TO THE MOTION: At t '- � 6". ayor Loomis, Council Members 3 -117o„*",i �' Abbott and Dankwerth agree ., .: a ove th, Y:• f rresidential from Condition 2 (....and :%� �p,...:.::` `/ ��: �'.,,y roc. dor+4'�nl if interior speakers are use e +y not b . :,able from adjacent r ru properties.") ::+ r r f, R r; �;f •.fir!/;%.��1�,�'+ sr,,,,. f• s - ,„„,,,:.:„/o-, ei:•�•>:i%;;.'Gi�,r!r".::2`•y. `.. MOTION AS AM D .. '�,lf'l'etuAg ; 00460k, 10• PU :41EA ti : — ( •��INANCE NO. O 05-07 ADOPTING A Vii;.�: . ��: �� ( ) CONDITI` "ref USE P" $ - IT TO ALLOW THE SALE OF BEER AND WINE FOR PETE : R PI _rA:- IN A C-2 COMMERCIAL DISTRICT ON A 10,000 SQUARE FOr ' f.A: BUILDING, PAD 11, OF THE ORACLE CROSSING fs SHOPPING CE M n OCATED AT THE SOUTHWEST CORNER OF ORACLE AND MA'l EE ROADS, PARCEL #225-51-3900 (PORTION) David Little, The WLB Group, representing Peter Piper Pizza, stated that the applicants have no objection to the conditions as set forth in the staff report. Community Development Director Brent Sinclair reviewed an overhead map of the Oracle Crossings Shopping Center. He stated that the Development Plan was approved by the Council in June 2004. He explained that the applicant is requesting a Conditional Use Permit (CUP) to sell beer and wine at this facility. Mr. Sinclair stated that when looking at the granting of the CUP, staff must consider that the "granting of such conditional use permit will not be materially detrimental to the public health, safety, or welfare." He stated that there will be no outside activity related to serving of food or 01/05/05 Minutes,Town Council Regular Session 13 drink; therefore, any issues regarding noise will not pertain to this request. Mr. Sinclair then reviewed the Conditions of Approval. Mayor Loomis opened the public hearing. Mike Greenlees, 601 W. Harelson Street, stated that his property lies directly across the street from the proposed Peter Piper Pizza restaurant. He stated that the neighbors have no objections to the CUP as long as they follow the laws governing the sale of liquor. Mayor Loomis closed the public hearing. MOTION: Council Member Carter MOVED to APPROVE Ordi Y;i e (0)05-07, OV8- 04-08 request to sell alcoholic beverages on Pad 11 of the Orac,�-' Pfre ssing Shopping q g � f: Center subject to the conditions listed in Exhibit"A" rf f Nf/' , 7r1.J4fti'�/r,. i irj✓,jr:' EXHIBIT "A" 1• All alcoholic beverages must be consumed i X53' "s• 2• Live entertainment is not permitted. ,,4`17r 3• Outdoor speakers may not be utilized. , pj,:: , i`; 4• The rima use of this site will be food sere '.,:�r; primary ,.. Council Member Dankwerth SECOND kle r 4` .kf ;/,✓C:+% � ice: i Motion carried, 6-0• .: 4. . �7 'ViNAGENDA TO FOLLOW THE ,tar 11 WAS -•- Y.;404#I WA THE 11. (ITEM :5� CONSENT AGENDA �+.j :;rjJ:f;fyff.�«r.:.,r'A{+sr%f•- rj ii ar0 r 12• .'r.. .f� FUTURE A N MS -None '.F•�'krrff�fiLY ✓Ri,:rr !.:... 14to %;�'r<f�yrs'/.'/.+ r r -.✓:.f�.✓r': fr• f CALL TO -MI' f ,; % EN �x� o sil ` `ers. ADJOURN 11 .%MPJ%g'.%.: MOTION: A Mrlittp,- as made by Council Member Dankwerth and SECONDED by Council Member Abb`'tt to adjourn at 10:05 p.m. Motion carried, 6-0. Respectfully submitted, Roxana Garrity, CMC Deputy Town Clerk 01/05/05 Minutes,Town Council Regular Session 14 I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 19th day of January 2005. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2005. Kathryn E. Cuvelier, CMC Town Clerk �,.lam : ! �•, 444,- '"4.4t2,,,,,„ ry4•:. *, *zit: ow,- .tel'/'is r/:fir''• :7J/.` !`�:%.. .:_✓"�� •.,?,kyr 4 - -to jr,7,��gr�/�?::. �i,,y�: . %"gwl,.v' r: /:Y:fi,,!yfayalJ,(.r• '.. '.� iii•..C!.,f';.. f0'�•C- R my }�'. '•�"' 1141, „vor •�•!J,s•xr/ MINUTES JOINT STUDY SESSION ORO VALLEY TOWN COUNCIL AND WATER UTILITY COMMISSION JANUARY 24, 2005 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE STUDY SESSION: AT OR AFTER 6:30 PM CALL TO ORDER: 6:34 p.m. ROLL CALL PRESENT: TOWN COUNCIL: Paul Loomis, Mayor Barry Gillaspie, Vice Mayor Paula Abbott, Council Mem: K.C. Carter, Council Me." Conny Culver, Counc' ber Helen Dankwerth, cit +er EXCUSED: Terry Parish, Council er WATER UTILITY Mike Cap COMMISSION: Gregg For e Leo Leonha -r EXCUSED: n dermi ember Ray } I . a, ber ember REVIEW AN I :RAFT GRAY WATER ORDINANCE Building A dminist Terry Vosler reviewed his report outlining findings on the feasibility o •. a wa onservation ordinance mandating the installation of Hot Water Recircula `.:,y... or Point of Service Systems and/or requiring the installation of Dual Waste Pipi ems in new dwelling units constructed. Either of the recirculation systems ould conserve some water (approximately 10 to 15 gallons per day per average household) by providing hot water to plumbing fixtures without running water down the drain while waiting for the water to get hot. The Dual Waste Piping Systems would allow easy access to "grey water" in order to reuse for watering landscape vegetation. He explained that existing ordinances dealing with Hot Water Recirculation Systems were researched in Sierra Vista, Marana, Goodyear, and in Cottonwood for the Dual Waste Piping Systems. Tucson Electric Power was also consulted concerning usage rates in the use of Hot Water Recirculation Systems and Point of Service Systems. Ed Tacznowsky, Southern Arizona Homebuilder's Association (SAHBA) thanked the Council for the study session and asked to help put together an ordinance. He explained 01/24/05 Minutes,Joint Town Council& 2 Water Utility Commission Study Session that SAHBA endorses House Bill 2323 that allows for water conservation tax credits. SAHBA would like to explore how the grey water ordinance should be structured addressing issues such as: • How soaps and detergents in the grey water affect plants. • Unsightly appearance of installation of stubs to homes. • Rodents using downspouts for access to roof vents and destroying house insulation. • Preventing breeding grounds for mosquitoes. • Recirculation pumps having different electrical outlets and not allowing water to drip onto them. • Volume of liquid required to move solids through the sewer-how will taking that water out of the sewer affect the transmission of the solid Doug McKee, member of Planning & Zoning Commission 4 if this is installed and is successful in reducing the amount of water going • a 6 thus reducing the amount of reclaimed water, long range planning s y be done t• 'ow that reduced amount of reclaimed water coming back to , all- is affect- Council Member Abbott asked that information ob , 'lanner Bayer Vella concerning incentives for water conservation be obtai q d distributed to the Council. Mayor Loomis asked if the Council wan 1.` , e re‘ - ring Hot Water Recirculation Systems or just offer incen to •ple's water consumption. He stated that Council should look - e feast, this and the recommendations from the Water Utility Commissi• ethe should adopt an ordinance or look at incentives without requir' • 440,k REVIEW AND DISCU` ' CONSERVATION SUB- COMMITTEE . - - , P ENTS Water Corr ion Spey` t KeMcCaleb reviewed a power point presentation giving an o •w of the er Utility's current Water Conservation Program consisting of the followi _ eme • Incentive •ution of rain sensors to town residents. • Consultatio own Departments; Homeowner's Associations; Developers; Residential landscape projects; Household water management and golf courses. • Audits— 150 residential audits completed; 11 commercial audits completed; Riverfront Park audit 2/3 complete. • Research—Partnerships with manufacturers (smart controller technology, soil moisture sensor). Town Hall irrigation/landscape project (irrigation alternatives to drip systems). • Education —Professional organizations; provide information on new technologies and trends; provide training to staff in current water management technologies and methodologies; network of resources; demonstrations; audits; rain sensor installation classes; seminars; newsletters; Community Display Garden; pamphlets and literature; staff education. 01/24/05 Minutes,Joint Town Council& 3 Water Utility Commission Study Session • Current Affiliations —AWWA; IA; Water CASA; ARCSA. • Projects in Development— Oro Valley Community Display Garden; Big Wash multi-use pilot project; Residential rain water harvesting project. • Program Goals —Town-wide conservation policy; residential classes for irrigation management and maintenance; classes for landscape/irrigation contractors; outreach representation on the Development Review Committee. • Issues—Expanding the incentive base; adopting specifications, ordinances and codes to reflect conservation commitment; increased staffing. Discussion followed regarding: • The difficulty in quantifying residential water sensor usage due to factors such as weather patterns. • The WaterCASA is trying to quantify water conservati. our region. • Concentrate on the largest water users in the Town, town itself. The g Water Utility Commission and employees can su plan watering for Town medians, parks and for large developme the begi major commercial projects. • The existing low water usage policy for e•' . and having the WUC review those and recommend any changes t ave. • Since we have limited resources, UC & sta • d look at prioritizing water conservation programs to get th - g for k"until our Water Conservationist is given more re' • Important to make sure the water • _,e _rams are balanced to get the p areas thative us the 'eang f• ck" while maintaining a mindset in the g 4Ip community to embr- cept • servation and give them the opportunity to participate. Mayor Loomis called a re :41 p.• eeting resumed at 7:45 p.m. REVIEW A • 0 HE PROPOSED TOWN COUNCIL WATER POLICY ' NDME Water Utility b 'r A orrest reviewed revisions to the Water Policies adopted in 1996. In response to a question by Council Member Dankwerth, Mr. Forrest explained how a 100 year Assured Water Supply is determined by the Arizona Department of Water Resources. He explained that the analysis and water modeling submitted to the State had to include areas north of the Oro Valley Town limits since they are using the same aquifer. Mr. Forrest will distribute copies of the 100 Year Assured Water Supply Executive Summary to the Mayor and Council. The following changes were discussed: • Add a general definition for the word "aquifer" and "renewable water supply." 01/24/05 Minutes,Joint Town Council& 4 Water Utility Commission Study Session • Page 2 —rewrite 1.f. the paragraph "reducing water rates and/or reduced development impact fees"will not be allowed. • Page 3 (4)—reword to allow flexibility. • Page 3 b. (3)—sentence should read "Rate structures shall be designed so as to encourage water conservation." • Page 5 —Add (5) "Operating and Maintenance costs." • Page 6—2.a. insert wording regarding ability to "lease." Mr. Forrest will make the changes and get to the Water Utility Commission at their February 7, 2005 meeting. This item will be considered at the March 2, 2005 Town Council meeting. In response to a request by Council Member Abbott, Mr. Forre• erated that he will provide Council with the Assured Water Supply Executive He stated that the entire document is available for review. He will provide o typ aph showing what the Town's water supply is, how much of that w. currentl or committed for development, and how much water is left for gr. ADJOURNMENT A MOTION was made by Council Me • •o er to A 'N the joint study session at 8:45 p.m. MOTION SECONDED b • .er ► I werth. MOTION carried 6-0. .pectfully submitted, athryn E. Cavelier, CMC Town Clerk MINUTES ORO VALLEY TOWN COUNCIL SPECIAL SESSION JANUARY 28, 2005 ORO VALLEY ADMINISTRATION BUILDING KACHINA CONFERENCE ROOM 11000 N. LA CANADA DRIVE SPECIAL SESSION AT OR AFTER 3:00 PM CALL TO ORDER: 3:02 p.m. PRESENT: Barry Gillaspie, Vice Mayor K. C. Carter, Council Member Conny Culver, Council Member Helen Dankwerth, Council Member EXCUSED: Paul Loomis, Mayor Paula Abbott, Council Member Terry Parish, Council Member EXECUTIVE SESSION—3:00 p.m. —5:00 p.m. A MOTION was made by Council Member Culver and SECONDED by Council Member Dankwerth to go into an Executive Session at 3:02 p.m. pursuant to ARS 38- 431.03(A)(1) 8- 431.03(A)(1) and (A)(2) regarding reviewing applications and the interview process for the Town Attorney position. MOTION carried 4—0. A MOTION was made by Council Member Dankwerth and SECONDED by Council Member Culver to go out of Executive Session at 4:10 p.m. MOTION carried 4—0. ADJOURNMENT A MOTION was made by Council Member Dankwerth and SECONDED by Council Member Culver to ADJOURN the Special Session at 4:11 p.m. MOTION carried 4—0. Respectfully submitted, j (f s r` Katlryn E. Cuvelier, CMC Town Clerk 0 MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION FEBRUARY 2,2005 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER: 7:02 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Barry Gillaspie, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Helen Dankwerth, Council 9e Terry Parish, Council M- -r EXCUSED: Conny Culver, Co • e - PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the ' -:ianc, IIUPCOMING MEETING ANNOUNCE , . 1 MANAGER 40 Acting Town Manager Da 4 revi the upcoming meetings and events. COUNCIL REPORT Council Memb to e le held is monthly report at Sun City Vistoso. DEPART REPO Chief of Police I, • reported that on March 2 the United States Attorney for Arizona Paul Char e Attorney General Terry Goddard and Chief Sharp will be hosting an Internet Fr. d and Identify Theft Training for the Sun City residents from 1:00 p.m. to 4:00 p.m. Planning & Zoning Administrator Bryant Nodine reported that the continuing education program for the Citizen's Planning Institute will hold its first Program with the Mayor and Town Manager, next Thursday, February 10th. TOWN MANAGER'S REPORT—No report. 41110 CALL TO AUDIENCE Jerry Bustamante, 8944 N. Hartman Lane, Director with the Northern Pima County Chamber of Commerce presented the annual 2005 Resource Map & Guide for visitors a 02/02/05 Minutes,Town Council Regular Session 2 411, and newcomers to Oro Valley which has been funded by many local businesses in Oro Valley and northern Pima County. 1. CONSENT AGENDA MOTION: A MOTION was made by Vice Mayor Gillaspie and SECONDED by Council Member Dankwerth to approve the Consent Agenda as submitted. Motion carried 6--0. A. Minutes— 12-15-04; 01-05-05; 01-13-05 B. Resolution (R) 05-05 Authorizing the Town to submit a prioritized list of Drainage Capital Improvements Program Projects (C o the Pima County Regional Flood Control District C. OV12-03-34 Approval of 6 month extension - 3, 2005 of the Preliminary Plat for Stone Canyon VII, loc. :o ortolita Mountain Circle in Rancho Vistoso Nei ,r, ood 1 'on of Parcel 219-05-011A 2. PUBLIC HEARING—ORDINANCE NO. ! 8-04-07 CONDITIONAL USE PERMIT FOR A NEW CLUBHOUSE 4 TY AT THE ORO VALLEY COUNTRY CLUB, LO D ON ORTHWEST CORNER OF GREENOCK DRIVE AND OR I AD, PARCELS #224-34- 1650, 224-35-0810, 224-35-0820, 22 1 . x -1350, 224-35-0360, 224-35- 0370 & 224-35-0910 Oro Valley Country Club a ager 'ck Steffel presented a powerpoint presentation showing a • drial •f th- o Valley Country Club. Civil Consultant S - - Oli • ith The 'LB Group, 4444 E. Broadway, representing the Oro Valley r •m stated that this site is approximately 8 acres and is zoned R1-3, exp 1. hat , this area was brought into the Town in 1974, the use was a . as a non forming use. Therefore, they need to obtain a Conditional Use Permit b - of the ing and the proposed demolition of the existing building and expansion o 'e i ildings. He showed the existing layout of the site and the proposed changes to that will maintain the same uses, however, those uses will be p cg upgraded to keep up th the times, attract new members and maintain the current members. Building Committee Chair Peter Carley, 1113 W. Mulligan Drive stated that time has become extremely important because the cost of construction materials is rising and all indicators show that interest rates will rise in the near future. He stated that there are economic development advantages by having an affordable country club for new businesses. The Building Committee has met numerous times with the neighbors in the area and representatives from the Town. He explained that at the latest meeting held on January 18th, representatives from the Town, neighbors and the OVCC Building Committee all agreed on the concerns that were brought forward at that time. He asked members in the audience in favor of the C.U.P. to stand and show their support. (Approximately 50 people stood). 02/02/05 Minutes,Town Council Regular Session 3 110 Planning & Zoning Administrator Bryant Nodine stated that this use is allowed with the approval of a Conditional Use Permit by the Town as a community building and recreational facility. He explained that after the C.U.P. is approved by the Mayor and Council, the next step will be to review and approve the Development Plan by the DRB and then final approval by the Mayor& Council. Mr. Nodine explained the elements of a conditional use permit and stated that due to the nature of the uses and the enclosures provided they do not raise a potential for a noise nuisance. Screening and buffer yards have been provided above what the Code requires to mitigate some of the noise impacts and this is a compatible use with the surrounding neighborhood. Mayor Loomis opened the public hearing. The following citizens spoke in favor of approving the ' •itional - it: Frank Naughton, 10350 N. Cliff Dweller, Oro V. Lauren Rhude, 26 E. Golden Sun Place, Oro Vall- Ann Welch, 615 W. Golf View Drive, Oro Valley. Gayle McMullen, 65 E. Loch Lomond P .dj acent t• ird fairway of the Country Club. • Two citizens expressed the following con• a e• eying the Conditional Use Permit: Jeanne Tearse, 260 W. ock , - rs. rse stated that she has lived in the area since 1960 and she and ' embers and direct neighbors to the north of the Country Clu• rs. stated that they have come to many agreements with the Club, how- Ares- : 'teras of concern 1) A Commercial Facility such as a pool and sn. , r sho pla t least 50 feet from a residential lot 2) That a 10 '/2 foot wall . landsca• and just 27 feet from her property line is not acceptable. She asked fo • 7 foo fer directly around her trees as stated in the initial agreement. She ncern with the changes proposed to delete the wall and how it will affect the dr• Screen wall and dense vegetation will be provided along the north side of this dev- opment to mitigate noise from the pool area and the snack bar. However, she sees no plans for this provision next to her property. She stated that she agrees with most of the Town planners recommendations and she asked the Council to give this serious consideration. Fay Mucci, 250 W. Greenock Drive. Ms. Mucci stated that her biggest concern is the drainage and she distributed pictures of how the area looked after the most recent rainfall and how the water ran across her property. She stated that those who have spoken tonight live in Oro Valley but she lives in Oro Valley Country Club and is the neighbor • north of the property that will now be located right next to the parking lot because of the proposed reconfiguration of the buildings. She asked that the buildings remain in the location as they existed when they bought their property. 02/02/05 Minutes,Town Council Regular Session 4 Mayor Loomis closed the public hearing. MOTION: A MOTION was made by Council Member Carter to ADOPT Ordinance No. (0)05-08 subject to conditions 1 — 12 in Exhibit B and the following wording be added to Condition# 6—", no less than a 3 foot 6 inch high screen wall (as determined by the DRB)"... "That vegetative climbing type plants be considered by the DRB to be located on the outside of the screen wall."MOTION SECONDED by Council Member Parish. DISCUSSION. In answer to a question by Council Member Abbott, Mr. Nodine stated that theagreed upon setback was 35 feet and the impression he got at the meeting of January 18t was that everyone was in agreement that it did achieve the result. Also - location of the pool is the optimum location due to constraints of the site, sewe s and service to the site. In answer to a question by Vice Mayor Gillaspie, Stev- 'verio exp ' why the best solution is to get rid of the north wall and let the wa - •w out natura e golf course. In response to a question by Council Member Parish, Oliverio replied that they are trying to improve the drainage flow out t :olf cour' better fashion than it currently is but they have no control ov k A •e flo , ,outside the scope of the 411110, project. EX B OV8 I7 400r UN ' CLUB 1. The poo . .ter es •11 be no closer than 35' from the property line. 2. The -ye g boards. 3. % •of equ t ar-: d snack bar will not exceed 14' in height. 4. ,o1 equip ust be fully enclosed within a 5 sided structure. 5. Li!„ • t- ights along the north side of the pool equipment structure. -No within the pool area above 6' in height—excluding underwater lightin_. - All exterior lighting on the north side of the fitness building shall be under canopy. 6. A 6' high screen wall must be positioned to commence at the northwest edge of the pool equipment structure and extending approximately 115' parallel with the property line and terminating in proximity to the northeast edge of the pool area. From this point,no less than 3 foot 6 inch high screen wall (as determined by the DRB) will curve around the perimeter of the parking and sidewalk area extending to the northwest corner of the tennis courts (this wall will provide offsets and an 4111. opening for pedestrian connection). The walls will consist of a CMU brick with a stucco finish and cap accent. The color and texture of the wall will blend in with the existing buildings. That vegetative climbing type plants be considered by the DRB to be located on the outside of the screen wall. 02/02/05 Minutes,Town Council Regular Session 5 • 7. The walls as specified in condition#6 must be constructed during Phase 1. 8. A minimum 5' 7' landscape buffer must be maintained A buffer no less than 5' must be provided between the north drainage wall and the existing trees on the south side of the Tearse's property. The north drainage wall if necessary must be established in a manner to preserve the existing vegetation. 9. There will be no permanent grill facilities within the snack bar area. 10. No loudspeakers or PA systems within the pool area. 11. The pool hours will be limited to 8am-8pm and beyond these hours only lap swimming can occur. 12. The proposed layout must be revised as follows: provide an additional parking space on either side of PV 12, PV 11, and PV 10 as landscaped areas, convert 3 spaces adjacent to PV2 to compact spaces and if ible, create another 3 feet of landscaped area adjacent to CF7 (the c• •onding tree number is reflected on the Native Plant Preservation MOTION carried 6—0. 3. RESCHEDULING THE REGULAR N OM WE I ESDAY, FEBRUARY 16, 2005 TO TUESDAY, FEBR 05 MOTION: A MOTION was made by • - it Membe h and SECONDED by Council Member Dankwerth to Table t ' I TIO 'ed 6—0. Therefore, the 4110 regular 2nd meetingof the month will be on` - , February16, 2005. g Y 4. FUTURE AGEND Vice Mayor Gillaspie a hat . .4 - Ate item be added to discuss the times of when Council Study Ses CALL TOA N. ADJOU ' ' MOTION: A •1110 .s made by Council Member Dankwerth and SECONDED by Council Member '• • ADJOURN the regular session at 7:55 p.m. MOTION carried 6-0. Respectfully submitted, Kathryn E. Cuvelier, CMC Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes • of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 2nd day of February 2005. I further certify that the meeting was duly called and held and that a quorum was present. 02/02/05 Minutes,Town Council Regular Session 6 C. Dated this day of ,2005. 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(- N w (0 CO UI 0) rn 73 -.I E Co v j COpoCOw0oyowooCO CO ao � 01...• � Z � _ ( a) 40 .A G,) ---311 w Co CO000 r.) v' CO 0 N 0 C Z - - - . c TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 16, 2005 TO: HONORABLE MAYOR & COUNCIL FROM: Steven Faaborg, Senior Civil Engineering Technician SUBJECT: Resolution No. (R) 05- 06 , a Resolution of the Mayor and Council of the Town of Oro Valley, Arizona, accepting a license agreement for the replacement of existing signage and addition of new signage within the El Conquistador Way right-of- way. SUMMARY: Tucson El Conquistador wishes to replace the entryway signs to the resort at El Conquistador Way and Oracle Road. The applicant would remove the existing wall in its entirety and construct new entry walls, one to the north and one to the south of El Conquistador Way. Each will consist of a stucco surface, planter areas and fountain basin. The existing low retaining wall at El Conquistador Way and Lipscomb Way will remain; however the applicant wishes to replace the lettering and copy for the resort and add another sign. The License Agreement makes it clear that the Tucson El Conquistador has the sole responsibility and all liability for injuries and damages caused by the encroachments in the Town right-of-way and also bears the sole cost and expense of all maintenance work done during the period of the License. The License was prepared to be effective for a period of 25 years at which time the applicant would have to reapply to continue occupancy of the right-of-way. The Licensee is required to restore the right-of-way to the pre-license condition in the event that the License is revoked or expires. ATTACHMENTS: Resolution, Signed license agreement, landscape drawings. FISCAL IMPACT: None RECOMMENDATIONS OF STAFF: The Department of Public Works has no objection to the approval of this resolution. SUGGESTED MOTION: I move to adopt Resolution No. (R)05- 06 or I move to deny Resolution No. (R)05-06 iff/Allr ose god .•ue , P_.E., Engineering Division Manager /'/ / i ,- d tiC / ' ; ' ti i .111/L- ,, C 7— / , William A. Jansen, Pi. ., Tow n •ineer / f , , , 4 Chuck Sweet, To ,n Manager RESOLUTION NO. (R)05- 06 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ACCEPTING A LICENSE AGREEMENT FOR THE REPLACEMENT OF EXISTING SIGNAGE AND ADDITION OF NEW SIGNAGE WITHIN THE EL CONQUISTADOR WAY RIGHT-OF-WAY. WHEREAS, the Town of Oro Valley, through the Department of Public Works, is not responsible for the operation and maintenance of landscaping and other private facilities within the public Rights-of-Way; and p g WHEREAS, Tucson Partnership LP, CNL Hospitality Corporation, doing business as the Tucson El Conquistador Golf & Tennis Resort, wishes to revise and add signage in the public right-of-way; and WHEREAS, no agreement presently exists to clarify the installation and maintenance of said signage and landscaping; and WHEREAS, the Tucson El Conquistador Golf & Tennis Resort is willing to enter into such an agreement with the Town of Oro Valley; THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: 1. That the License Agreement granted in the attached document is accepted. 2. That the Mayor is authorized to execute the License Agreement on behalf of the Town of Oro Valley. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 16th day Of FEBRUARY, 2005. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Town Attorney Date Date . . LICENSE AGREEMENT THIS LICENSE made and entered into by and between the Town of Oro Valley, Pima County, Arizona, a Body Politic, hereinafter called the LICENSORS and CHH Tucson Partnership, LP, d/b/a Hilton Tucson El Conquistador Golf&Tennis Resort hereinafter called the LICENSEE. WITNESSETH: THAT WHEREAS,the licensors are the owners of the land hereinafter described, said land having been dedicated as a public right of way. WHEREAS, a portion of said right-of-way is requested to be encroached upon for erecting signage and landscaping. Licensee requests authorization for the encroachments. WHEREAS, the Licensee required from the Licensors to encroach into said right-of-way; NOW, THEREFORE, for and in consideration of the sum of One ($1.00) Dollar and the faithful performance by the Licensee or his heirs and assigns; the Licensors do hereby grant and demise to the Licensee, his heirs and assigns, a permit, license and privilege, for the period of time hereinafter mentioned and subject to the conditions hereinafter contained, to enter in upon the following described land of the Licensors, in Exhibit "A" attached. THIS LICENSE is subject to the following terms and conditions,to-wit: 1. This license is granted for the purpose of erecting signage, maintenance of signage and landscaping of area. 2. The Licensee shall only be permitted to use the aforesaid land for the stated purpose. 3. Notwithstanding any other agreement or condition, it is expressly agreed that the license may be revoked by the Licensors upon NINETY(90)DAYS WRITTEN NOTICE to the Licensee. 4. That when said License is revoked, the Licensee will remove the encroachments from said right-of-way, at no expense to the Licensors and to the satisfaction of the Licensors and will restore the right-of-way to the pre-license condition or as may be mutually agreed. 5. That nothing herein contained shall be construed as granting title to the land belonging to the Licensors, or as vesting in the Licensee any right of entry to said land after the termination of this License. 6. This License may be transferred to the Licensee's successors and assigns upon written approval of the Licensors subsequent to written request of the Licensee. This License shall run for a period of 25 years. 7. That the Licensee assumes the responsibility and all liability for any injury or damage to said highway,or to any person while using said highway in a lawful manner caused by or arising out of the exercise of this Permit or License. 8. That all work done shall be at the sole cost and expense of the Licensee. 9. The Licensee shall indemnify, defend and hold harmless the Licensors, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of this contract which are attributed to any act or omission of the Licensee, it's agents, employees, or any one acting under its direction, control, or on its behalf, or any act or omission of the Licensors, its officers, departments, employees and agents, whether intentional or negligent, in connection with or incident to this license except to the extent caused by the licensor's willful misconduct or gross negligence. 10. The Licensee will obtain a $1,000,000.00 public liability insurance policy to cover those encroachments within the Licensors right-of-way. Nothing contained herein shall preclude the requirements of additional insurance coverage in the event the Licensors so require. The Licensee or the Licensees successors shall maintain the said policy throughout the term of this License. This License will become null and void if the insurance lapses and licensee fails to reinstate within thirty (30) days thereafter. A certificate I of insurance will be supplied to the Licensors with the stipulation that the Insurance Company will notify the Licensors in writing, intent to cancel the liability insurance. This notification shall be required no later than thirty (30) days prior to cancellation and Licensee is required to remove all encroachments at their expense within sixty(60)days of notification. 11. The licensee will abide by all applicable local, state and federal ordinances, statutes, and regulations. 12. Approval of this License is subject to compliance with all conditions and provisions of the approved plans and specifications,which by this reference are incorporated and made a part hereof. 13. Encroachments will be maintained by Licensee and shall not interfere with safe sight distance. Licensee will be responsible for Blue Stake locations of all underground encroachments, including, but not limited to, electric lines and irrigation systems. IN WITNESS WHEREOF the parties hereto have caused this License Agreement to be executed, this 10 day of December, 2004. LICENSOR The Town of Oro Valley, an Arizona Municipal Corporation Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Town Attorney LICENSEE k :Ti 'Booth, Ge ral Nian ger Hilton Hotels orporation, As agent for CCH Tucson Partnership, LP d/b/a Hilton Tucson El Conquistador Golf & Tennis Resort STATE OF ARIZONA ) ) ss. County of Pima ) gY---- `YL&et' S SC IBED AND SWORN to before me this , day of et , 200 ti by 7 'J4 . OO who is known to me or has satisfactorily been identified as n is dul authorized agent to sign on b half f Ce Y Ttzcc+� eu -e•Ih; /� b a g g � . ort u. Dfl t/ Cwt. tt t 1/r 7.L"1 44c on matters relating to real property. / ; e 40, 017/1tvi4 ota - Public n Expires: 24 uv'f My Commissio p o�IxEy s4T LINDA J. JONES �w>\ My Commission Expires 4'/91 * December 26, 2004 hi css,,,""'•i Z id iL �-- w e O �. 111 Iii z X w >, wO w < (17 O {— O t 1 co � �� 1 � � • i i a./ r.L• . ,i 0.-zz- i i‘,111...,,,1„:..--.7..t';," C�J 3� tam �F 631 x j P 1� .{►.r ,, 4.)la_ IIA _. 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'.sil-,_ ',. .17..'Iri . '-.. -, '. . . i •:: ! :1 1..: • 'I ", '- ........;Ni7.11 ..,, -:., '. '.. "..i •. :: I ! i.`,v•-.. 4 : .. ..,.... .....„..,„ . '- s ••_ •, ••,. ,.......,.......::::.-.. ' %Nor TOWN OF ORO VALLEY STAFF REPORT TO TOWN COUNCIL MEETING DATE: February 16, 2005 TO: HONORABLE MAYOR& COUNCIL FROM: David Ronquillo, Planner SUBJECT: OV5-04-07, LARRY J. CLICK AND ASSOCIATES, REPRESENTING GARY AND AMY HEINFELD LLC., REQUEST APPROVAL OF A PUBLIC ART PROPOSAL FOR THE SAN JOSE PLAZA LOTS 5 & 6, LOCATED DIRECTLY SOUTH OF THE HOLIDAY INN EXPRESS ON ORACLE ROAD, PARCEL 224-31-002D SUMMARY: The artist, Susan Gamble, has proposed two benches for the San Jose Plaza lots 5 & 6, which are proposed for general retail & neighborhood scale commercial uses. The two benches will incorporate various tile colors and designs. Both pieces will be measure approximately 2' x 8' and will be located on the southwest corner of building 2 (see attached site plan and elevations). Another user of the site, Pizzeria Uno, utilized a similar motif for public art. The very same artist constructed chairs and a table with intricate tile mosaic pieces. STAFF REVIEW: The proposal meets the 1% of construction cost requirement and will be available for public use more than 40 hours a week. PUBLIC ART REVIEW COMMITTEE (PARC) ACTION: At their special meeting of December 20, 2004, the PARC recommended approval of the public art for this project with the conditions listed in Exhibit"A". RECOMMENDATION: It is recommended that the Town Council approve the public art for lots 5 & 6 of the San Jose Plaza with the conditions listed in Exhibit"A". SUGGESTED MOTION: I move to approve OV5-04-07, Public Art for lots 5 & 6 of the San Jose Plaza, effective on the satisfaction of the conditions listed in Exhibit "A" attached herewith. F:\OV\OV5\2004\0V5-04-07\TCrpt.doc TOWN OF ORO VALLEY FAFF REPORT TO TOWN COUNCIL Page 2 Attachments: 1. Exhibit"A" 2. Public Art 3. Site Plan cc: Larry Click, Fax: 327-881 ) 1 Plannio i 7,,A u'N ng ri dm' 'stator fr i Co0 'ty Dev tment Director '4 Town Manager EXHIBIT A OV5-04-07 SAN JOSE PLAZA PUBLIC ART 1. Two weeks prior to establishing the public art on site, the applicant must notify the Public Art Review Committee of the date, time, and location of placement. 2. Prior to final placement of the public art, the Public Art Review Committee shall verify the following: • The art physically matches the concept presented within the application. • The art is placed in a manner to maximize the exposure and aesthetic. F:\OV\OV5\2004\0V5-04-07\TCrpt.doc • • - • NE COR.....748 . 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' Alt, 44‘' ' #44 :i,„ , ; ---, , 1141.-,1 trAY,P1* : gij i!...1 ' -- 4\ t1 r„,,, E TOWN OF ORO VALLEY STAFF REPORT TO THE TOWN COUNCIL MEETING DATE: February 16, 2005 TO: HONORABLE MAYOR& COUNCIL FROM: Robert Conant, Senior Planner SUBJECT: OV12-03-07, ENTRANCO INC. REPRESENTING T. J. BEDNAR HOMES, REQUEST APPROVAL OF A FINAL PLAT FOR 86 SINGLE-FAMILY LOTS ON 15.94 ACRES, LOCATED ON THE SOUTH SIDE OF RAMS FIELD PASS APPROXIMATELY 325 FEET EAST OF ORACLE ROAD, PARCELS 220-11-0750 AND 220-04-010K BACKGROUND: The Town Council approved the Preliminary Plat on December 17, 2003. All of the conditions of the Preliminary Plat have been met. The Improvement Plans for this project were approved and signed by the Town Engineer on December 9, 2004. SUMMARY: Entranco, representing T. J. Bednar Homes, requests approval of the Final Plat for 86 single-family lots. `)VZCR COMPLIANCE: The Final Plat complies with the provisions of the OVZCR for single-family subdivision of land. FACTORS FOR: 1. The Preliminary Plat was approved by the Town Council on December 17, 2003 and all conditions of said plat have been met. 2. The Town Engineer approved and signed the Improvement Plans on December 9, 2004. 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Furthermore, grammatical errors have been corrected, and the graphics have been updated. In sum, the update has been limited to items considered"non-substantive". The attached resolution is to establish the proposed revisions as a matter of public record. FACTORS FOR: Action on this item establishes public notification of this item for the Council meeting of March 16, 2005. FACTORS AGAINST: None SUGGESTED MOTION: I move to adopt Resolution (R)05-07 making that document known as OV7-04-07, amending the Oro Valley Zoning Code Revised by entirely reformatting the text, correcting non-substantive items such as grammar and cross reference citations and creating various table for easy reference, a public record. Attachment: Resolution (R) 05-07 Plannin: : , ing Administrator - , _ Co •.--u ', Develo.. ent Director /A #''' 'i Town Manager RESOLUTION (R)05-07 A RESOLUTION OF THE TOWNCOUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING THE PROPOSED AMENDING OF THE ORO VALLEY ZONING CODE REVISED AS A PUBLIC RECORD BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL, that certain document entitled OV7-04-07, proposal amending of the Oro Valley Zoning Code Revised by entirely reformatting the text, correcting non-substantive items such as grammar and cross reference citations and creating tables for easy reference as a public record, copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 16th day of February, 2005 TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM Tobin Sidles, Acting Town Attorney TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 16, 2005 TO: HONORABLE MAYOR & COUNCIL FROM: William A. Jansen, P.E., Town Engineer SUBJECT: Oro Valley Municipal Service Complex Budget Request SUMMARY: The Town of Oro valley has obtained the possession of Rancho Vistoso Neighborhood 3 Parcel B, an approximate 24 acre site located south of Rancho Vistoso Blvd. Now that this site is the responsibility of the Town pending its development as a Municipal Service p Y Complex, funds are need to secure the site, control dust and erosion and to begin the master planning of the complex. The following costs are known or anticipated to occur. 1. Backfill and compact approximately 2000 feet of open utility trench: $15,000. 2. Install 2 security gates $ 6,000. 3. Hydro seed approximately 17 acres of graded land. Staff estimates that 2 applications will be needed before the site development commences at $50,000p er application. $100,000. 4. Install needed signage $ 1,000. 5. Re-establish and maintain erosion control for the entire site $ 35,000. 6. Miscellaneous site expenses $ 18,000. 6. Consultant contract for master plan (estimated) $ 75,000. Total $ 250,000 This budget request provides funding for the stabilization and protection of the newly g acquired site. This request will provide the funds required to follow Town requirements for dust and erosion control and for limited site security. This request will also provide funds to engage e a consultant to begin the master planning process. As this project develops in plan g and scope, additional funding requests will be brought forward to Mayor and Council for consideration. FISCAL IMPACT: Funding for this project will come from the Town's General Fund, General Administration. Reimbursements to this fund will be made from the Highway and Water Utility Funds when their appropriate share has been determined. SUGGESTED MOTION: 1. I move to approve the budget request for the Oro Valley Municipal Service Complex. OR 2. I move to disapprove the budget request for the Oro Valley Municipal Service Complex. Wil m A. Janpqn, .E., Town Engineer s Chuck Sw-et, Town Manager TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 16, 2005 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ. PRESENTATION FROM TUCSON MARATHON RACE DIRECTOR, PAM REED, CONCERNING THE RECENT MARATHON AND RELAY SUMMARY: Ms. Pam Reed, Tucson Marathon Race Director, is in attendance tonight to provide a presentation to the Mayor and Council detailing the results of the recent marathon and relay. The Tucson Marathon was held December 5, 2004. ATTACHMENT: Letter from the Race Director; dated December 8, 2004 Chuck Sweet, own Manager 11th LUALOA ThcoVt (kAtreolat014 0Jof,A9j TBobbi D iTilf g The Jim Click Automotive Team Liviciratiwn Refay BlueCross 63) BlueShield Sweet foMAtoeS.6 of Arizona salads•soups•bakery An Independant Licensee of the Blue Cross and Blue Shield Association ((Get Tit" 5IQun/Wa1k. 441). "1-4t December 4-5, 2004 The Southwest's Premier { FALL MARATHON "Fast Downhill"- "Fresh Desert Air" Boston MarathonQualifier!!! coIA /1/tAtrAt[1014 ' ----...,,, , - t,... .,,_ „I , 1 - u E- „,,,, 4, , - ' ** r r-et ' ,,,-Aj i , , HALF-MARATHON & RELAY What the "Holualoa Tucson Marathon, Bobbi Olson Half Marathon & Jim Click Marathon Relay" brings to the Northwest Tucson/Oro Valley Area: December 4, 2005 will mark the 12th running of the Tucson Marathon. Here are some highlights: • Anticipating over 4,500 runners in the Marathon, Half-Marathon and Marathon Relay • Over 4,000 spectators • Virtually every state in the United States will be represented, as well as Mexico, Great Britain, Norway, Denmark and Canada. • Over 4,500 attendees at the Tucson Marathon Pre-Race Expo held at the Hilton El Conquistador Resort on December 2 &3, 2005 • Extensive media coverage • Support health and fitness with the involvement of Blue Cross/Blue Shield of AZ • In the last four years over$2,000,000 has been raised for the UA Cancer Center for Ovarian Cancer Research (all of which goes for local research) - $200,145 to date from just the 2004 event through the Better Than Ever Program headed by Heather Alberts, wife of Dr. Alberts who's in charge of the Cancer Center. • Every year Linkages (a non profit employment agency for the disabled) receives a minimum of$7,500 from the Jim Click Marathon Relay. • Last year school sports programs (baseball, basketball, soccer) received over $15,000 as they assist in various duties with the event. 2004 HIGHLIGHTS • Pleasant temperatures welcomed the runners on a very scenic course. Those Minnesotans love Tucson in December!(and they're moving to Tucson too). • 98% of our runners rated the event as "one of the best." • Over 4,500 runners participated in the Marathon, Half Marathon & Marathon Relay. • Great spectator course with over 4,000 spectators cheering along the route and at the finish. • Fitness Expo at the Hilton El Conquistador Resort attracted over 4,500 people the two days prior to the Marathon. • Sweet Tomatoes/Blue Cross Blue Shield of AZ Get Fit 5K Run/Walk, 1M & 2M Fun Run/Walks held at Ventana Medical drew over 300 kids and grown ups alike who didn't want to tackle the longer distances. • Over 500 volunteers from local schools and companies such as Saddlebrooke, Golder Ranch Fire Dept., Rural Metro, Blue Cross/Blue Shield of AZ, Sweet Tomatoes, Raytheon and Oro Valley Police Volunteer Group gave of their time as well as students from Canyon Del Oro High School and Amphi School System. • Runner's World and Running Times magazine (international widely read sports oriented magazines) named the Tucson Marathon as a 5 Star race and one of the fastest marathons! P.O. Box 64938 Tucson,Arizona 85728 (520) 320-0667 E-mail: preed@theriver.com Website: www.tucsonmarathon.com Economic Impact to the area 300 Rooms were booked at the Hilton El Conquistador. 80 Rooms were booked (sold out) at the Holiday Inn Express. • 54% of the participants were from out of the Tucson area. Top states represented were Arizona, California, Colorado, New Mexico&Texas. • The local hotels such as the Hilton and the Holiday Inn Express were totally sold out months before the event. Businesses in the area reaped the benefits of added visitors to Oro Valley. Oro Valley's support: • Providing full police support in the town of Oro Valley on the two event days • Use of Oro Valley's Message Board(s) two weeks prior to event • Complete support of the police department, city engineers and parks & rec. In return: • Oro Valley's logo appeared on 20,000 brochures and participants' T-shirts showing Oro Valley as the destination for the events. The logo and link appeared on the marathon website. • The Marathon website sold Oro Valley local hotels as first choice to the participants with discounts offered by the three major hotels. • Press releases to all media, logo on the T-shirts and fliers and banners at the finish area THE STATISTICS OF THOSE WHO RUN -60 teams participated in the relay raising over$7,500 for Linkages. -Total events: 51% of the participants were females; 49%were males -47 states were represented. -6 countries were represented including Germany, Canada, Mexico, Norway, Denmark and Great Britain -Average age of the runners is 36(over 50% are in age groups 30 to 50 years old) -The average income for runners is$62,000-over half of the runners have income greater than $50,000 per year(national average is$32,000) -The marathon &half marathon continue to grow each year(11 yrs.ago we were at 800 participants and now 4500) -40% of the runners are college graduates and 35% have post-graduate work or graduate degrees -53% are married Tucson Marathon 2004 Page # 1 Totals Summary g 50 Total Regions Totals by sex 17 Females 2049 51.12% Alaska Males 1959 48.88% Arizona 2648 Arkansas 6 Total 4008 100.00% California 360 Colorado 128 Connecticut 3 Deleware 3 District of Columbia 1 8 Countries Florida 9 264 3686 Georgia 13 Hawaii 2 USA Idaho 19 CAN 416 Illinois 52 GBR Indiana 13 NOR 1 Iowa 8 MEX 111 Kansas 17 DEN Kentucky14 Canada 1 Louisiaa 2 british columbia 1 Maine 1 Maryland 10 Massachusetts 25 Michigan 16 Minnesota 27 Entry Type Mississippi 1 Missouri 13 Mail early 1805 45.03% Montana 19po 273 6.81% Nebraska 2 Expo 1930 48.15% Nevada 21 New Hampshire 3 New Jersey 10 New Mexico 118 New York 15 Race Type Entry Finish North Carolina 8 Ohio 34 Marathon 1530 38.17% 0 Oklahoma 2 Half Marathon 2235 55.76% 0 Oregon 34 Marathon Relay 243 6.06% 0 Pennsylvania 19 Rhode Island 1 South Carolina 5 Tennessee 3 Texas 99 Shirts Utah 31427 10.65% Virginia 15 Small. . . Medium. . 1199 29.92% West Virginia 1 Lar e. . . 1563 39.00% Wisconsin 21 Washington 70 XLar e. . 796 19.86% Wyoming3 XXLarge. 22 0.55% British Clumbia 10 None. . . . 1 0.02% Alberta 4 Ontario 5 Top Cities Spec Div Type cson 1855 Cly M 190-210 60 1.50% Tu 145 Cly M 211-225 10 0.25% Phoenix 67 Cly M 226+ 9 0.22% Scottsdale 60 Cly MM 190-210 58 1.45% Oro Valley 47 Cly MM 211-225 7 0.17% Flagstaff 44 Cly MM 226+ 8 0.20% Chandler Albuquerque 40 Cly SM 190+ 5 0.12% em a 39 Filly Open 140+ 25 0.62%37 Green Valley T Filly M 140+ 18 0.45%Mesa 35 Seeded 22 0.55% Arizona Center 468 11.68% Team Division Teams % Members % Max Size Ave # TOWN OF ORO VALLEY 3 COUNCIL COMMUNICATION MEETING DATE: February 16, 2005 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: Project Graduation Donation SUMMARY: On February 24, 2003, the Mayor and Council approved "Project Graduation —A Safe and Sober Graduation Celebration" program for all high school graduates in May 2004 and all graduates h school thereafter. Project Graduation is a drug and alcohol free all-night celebration held on graduation night modeled after the National Grad Night Network which was developed by the U.S. Department of Transportation over twenty years ago. The Chairpersons from both the CDO High School and Ironwood Ridge High School Project Graduation committees requested financial assistance from the Town Council. Collectively, the Project Graduation Chairpersons requested $10000 to place deposits on vendor contracts in order to secure the availability of suppliers and negotiated discounts. RECOMMENDATION: The Mayor and Council authorize $5000 to be donated to Ironwood Ridge High School and $5000 to be donated to CDO High School Project Graduation 2005 programs. ATTACHMENTS: Letter dated January 26, 2005 requesting financial assistance for CDO High School and Ironwood Ridge High School Project Graduation 2005 programs. SUGGESTED MOTION: I move to approve the donation request from the CDO High School and Ironwood Ridge 1 High School Project Graduation 2005 committees in the amount of $5000 for Ir.nwood g Ridge and $5000 for CDO High School. / f Chuck Sweet, Town Ma ager Project Project(:racluatir►n A Safe and Sober Graduation Celebration D1iR!BUTEDTO: [13 MAYOR [ tOWN MANAGE R aIILE iibUNCIL 0 DEPT HEADS 0 OTHER January 26, 2005 Mayor Loomis and Town Council Members Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 Dear Mayor and Council: We respectfully request the opportunity to present a proposal for donation assistance for Project Graduation-2005 in the amount of$10,000 from the Town of Oro Valley. It is our hope to be included on the Town Council agenda for the second regularly scheduled meeting in the month of February 2005. Sincerely, B. ► eyer Mary, " y,Sni y r C . rperson Chairperson Canyon Del Oro High School Ironwood Ridge High School Canyon Del Oro High School Ironwood Ridge High School B.J. Meyer,Chairperson Mary Snider,Chairperson (520)696-5578 (520)229-1366 February 16, 2005 Dear Mayor Loomis and Council; Mary and I want to thank you for the opportunity to come before you once again this year. If not for the support of the community last year we would not have been able to come near the success we enjoyed. The graduates of our two high schools last year were not only kept safe and secure on their graduation nights but completed this experience with a heart full of wonderful memories. That in itself was wonderful for them; but on a much larger level the support these young people saw the community of Oro Valley extend to each and every one of them was remarkable. Weare attaching a few of the thank you notes we received following Project Graduation last year. It is not unusual to receive thank you notes from the guests but from the workers and volunteers; that is truly amazing. Almost across the board everyone that worked last year wanted to be called again this year. This project is truly a wonderful situation for our high school seniors; but it is proving to be just as special for the community at large. Project Graduation is now a part of Oro Valley. Our citizens owe that to leaders such as each of you. We can never thank you enough. The success of Project Graduation is the direct result of the entire community of Oro Valley making it their own. Thank you; Two very grateful chairs; Mary Snider,Ironwood Ridge High School and BJ Meyer, Canyon del Oro High School , _____._ -------- ' - .- .:4-..,-, - ; , „ . •,: 4.1-,. ,• '•..-„,.. '-.—_—__ — ,...,_ _• ____ : < :& ''.... • • '9$0iicgl ,1 - -;; *t4.7 -- ; i , , • ' : s zi, ems , -- A ,...4.0. - . _.el . •• , ........ .... ,,..... , .., __- . ,. .... , . , • .,,, r......„,. 4•,... , # ,,, •----- :A.— _..eifir- 1 • --...., . . Enthusiastic Parent&Community Volunteers ..., - . -• .... '''.4.1 iel ,f , . . 'co'....-..' ,C.. •-• --- , .... . , — . ., S , . ? . CDO Chairperson B.J.Meyer(left)& IRHS Chairperson Mary Snider(right) t-.7''' Y '...1 ' _ •A., - - , -- - - 4000, ,itio., Hoping for the Big Win! liOnigr - 711P- 01106` , % vow I.. „ ..,.... , , .. '- ....... , 4,..I.. 1 — . ...... Iirti* ,,, .., / . —,, ...MP; .i•, ' 4* ,. .,,-,, ' / ,...t. 1 --' %14111611040 -.., • r,3t, 1*,4 ' Celebrating Graduates Just some of the many talented volunteers (d�e��" [CA dx iior Conrirn five)(o'virti V�e11e. . 1ñ\ 1)L3c- l_.,k)r Ctx) 9 ra , tto tin 2,C0--\„ 1, , !s �c� Eicc1 (�,�5�`� �r tA+- ctcs± t � (eat � c4c) ttrc -�- -1- beccte<-3- 1 C'1 I � 9i��1�G�ir1LASr,Ct1� r�� eVPh1th � c� �'� urs �.� en{erFci n iYetTh � c \&fc LTqcflq1i( ¼ - r)�CiS � C'rc� U� �"��1 hcid ct c�r Fad- {,nle � cits)-11CktitS IC* fYiniet fun :Tha 1-\CIA a�{ C; +tehk_c6 c€ctU.inice C(i �m qcc c �il'v1c� C�itSd�. i ' r\C�l�c re.ti tc1- �--� fes;, ti,r icy\(-111-2c, p S VC:" ; _� ends i e _ wi-Note. cy\9t)\--c ,� mren _ voQt-e c4(r:so 1 p Vasfd ic now ri(j. wc�S �fe�e - t � 1 �,Lnn 1 c�c1 -k-c, �-V�rSi�15 of:or rci��clit\o,meqtoYct-Oe ��yr� �;� U � . �rc�Cuatots rt;ohl-�� *K.) �ls d�� oti\ -e,cceltFf-, J iiso„ L) 'et\e l7(-)- Cur Page 1 of 1 Mary Snider From: Nate Vera[sobelizard7@yahoO.COml Sent: Monday, May 24, 2004 1:53 PM To: Mary Snider Subject:Thank You Mary, I would like to say that Project Grad was a huge success. I don't think that you will have any problem getting the incoming senior class to attend next years grad night. I don't think that some of the students, outside of the student committee,realize how much effort you have put into this wonderful event. On behalf of the entire student body, staff,and the community, i would like to thank you for all of your hard work and countless hours and sleepless nights you went through for us. I would like to give you some feedback. • I loved the food. It was great that there was a variety and it was easily accessible. • Having the spa and pool was nice but a lot of people forgot towels so maybe making a point to bring towels. • We all LOVED the casino. It was a lot of fun. There could have been even more tables, especially Texas hold'em. This seemed to be the gathering point of the night • The hypnotist was so funny. I used an entire roll of film just on that. I had such a good time along with everyone else. Thank you again for everything and i would love to help out as much as possible for next years Grad Night -Nathan Vera. Do you Yahoo!? Friends. Fun. T_ry the all-new Yahoo! Messenger Rit5, C trad Cia155 2/6)(:)41/ 2/16/2005 May 20,2004 Dear Dr. Balentine: There aren't words to describe how incredible the Project Graduation event was. Everytime I close my eyes, I see some part of it—the unbelievably beautiful and elaborate decorations that made the students (and adults)"ooh"and"ahhh,"Jenn's excitement when she won a microwave after she'd only been there for ten minutes,students standing around the give-away car saying, "That's going to be mine,"the kids ordering and happily,eating tons of delicious food, Megan excited because her massage was in 10 more minutes, Brock and Alicia putting on grass skirts and leis for a photo op, students laughing on the mechanical surfboard, Hank having quadruplets during the hypnotist show,the casino room filled with players and formally-dressed blackjack and poker dealers,the excited mood in the dance room, etc. During the evening, I heard comments from adults and students like,"amazing,""wow,""cool,"and "sweet." I was so impressed and touched by the students that it's tough for me to even talk about it, because I get teary-eyed. During my shift as a food walker(carrying a tray filled with treats to serve the students)every single student thanked me for the food and on two separate occasions they even thanked me for being a part of this event One girl said, "You don't know how much we appreciate that you have all done this for us." What could be better than this? Mary Snider's unbelievable enthusiasum, cheerleading, expertise, and vision has come and gone so very successfully. She"sold"this idea to the school,town, community, local businesses, students, and their families. Mary put together the best group of chairpersons ever! Our daughter, Hailey heard many positive comments at school yesterday about the event Teachers were talking about it and even an occasional senior on campus was raving about the night. I wonder how anyone could not have had fun that night. I sure did! The students,families,businesses,and community of Ironwood Ridge High School can look forward to many,many more years of fabulous Project Graduation events that give the students a wonderful and fun place to be and the community a safe night. I was thrilled to be a part of the first-ever Ironwood Ridge Project Graduation. Sincerely, Donna Winetrobe Ironwood Ridge High School parent Ma Snider From: Nonie Gaines ingaines©amphi.cornj Sent: Tuesday, May 18,2004 8:15 AM Subject: Illusion Island . • Hi Everyone, I'm taking it upon mysplf to get the word out to all of you. If you haven't already done this - you absolutely must get over to see the Illusion Island before the ceremony tonight. It's the closest thing to Disneyland you will ever see in Tucson! And it will make you very proud of our dedicated, talented IR parents. Go have a look, especially the small gym area, and behold the wonder! Nonie (411-rt Dept% Nion c e 0-Cad 'T • • • • t L 1 d rvwd'2 ro 6---rati Aug- fr caet ao, it/ to ps -r, Petz-1114- t- o-eitAkr- or! copA4. ` V yA-0-Atti- .. K fr—t" G ! �eaIke `11-/tem-14. eo,�• _ C. 0)40W 11)47 11-0 C-Cf1A÷P Cafrie) 7110'4 yo'f't . 61-1e7Itelf' • 1 QED. 1 vi t Subj: Fwd: CDO PROJECT GRAD VOLUNTEERS Date: 6/8/04 2:09:29 PM US Mountain Standard Time From: Contactbet To: BooRath49 Forwarded Message: .............:................. Subj: Re: CDO PROJECT GRAD VOLUNTEERS Date: 6/8/04 1:45:32 PM US Mountain Standard Time From: Mckibbenm To: Contactbet p I volunteered from 8-11 m. If I could do this all over again, I would take the next day off work and stay most of the night to help.. I had a wonderful time sharing in the delight of all of the new graduates and it was an honor to graduate apart of it all. My son will next May so I will plan to help out the following year. Thanks to all of the parents who donated the hundreds of hurs it took to prepare for the big night. Tuesday, June 08, 2004 America Online: BooRath49 Yahoo! Mail -cdo pro jJ ect_gradyahoo.com Page 1 of 1 71-AH00.1: Mail_ Print - Close Window Date: Fri, 28 May 2004 11:52:49 -0700(MST) Subject: Re: CDC ProjectGrad- HUGE SUCCESS From: wiboyd@theriver.com To: "Dawn Smith" <cdo_project_grad@yahoo.com> Thank you all for giving our kids a safe and fun alternative for grad night! ! The kids enjoyed it and will remember it always! > THANK YOU > CDO PARENTS AND ADMINISTRATION > The first annual CDO Project Graduation was a special event that the > 2004 graduates VERY much enjoyed. > The Steering Committee would like to thank you for your > support and participation. > If you have any observations or suggestions PLEASE let us know. > and, of course we hope you'll join us as we > look forward to this annual night for our kids. > Do you Yahoo! ? > Yahoo! Domains - Claim yours for only $14.70/year Yahoo! Mail-cdo roject grad yahoo.com Page 1 of"Yriir100t, I MailHi Print - Close Window Date: Tue, 25 May 2004 11:36:48 -0700 From: "Jennifer Jones" <jjones@amphi.com> To: cdo_project_grad@yahoo.com Subject: Re: COO Project Grad - HUGE SUCCESS I had the best time working at grad night and visiting with former students. I didn't realize this was the first time this had ever taken place. Everyone who I have talked to has agreed that it was just wonderful! Jennifer >>> Dawn Smith <cdo project_grad@yahoo.com> 05/20/04 16:05 PM >>> THANK YOU CDO PARENTS AND ADMINISTRATION The first annual CDO Project Graduation was a special event that the 2004 graduates VERY much enjoyed. The Steering Committee would like to thank you for your support and participation. If you have any observations or suggestions PLEASE let us know. and, of course we hope you'll join us as we look forward to this annual night for our kids. Do you Yahoo!? Yahoo! Domains - Claim yours for only $14.70/year Yahoo! Mail -cdo_project_grad@yahoo.com Page 1 of 1 "YA110,01,, Mail Hi Print - Close Window Date: Mon, 24 May 2004 15:11:55 -0700(PDT) From: "Roma Krebs" <romakrebs@yahoo.com> Subject: Re: COO Project Grad - HUGE SUCCESS To: "Dawn Smith" <cdo_project__grad@yahoo.com> Dawn, Thank you (and your team) for all your hard work! I actually had a good time even though it was hard at the end to stay up until lam and go to work the next day. I really believe in this project. Two guys in my high school class of 1979 died and another almost did when they wrecked driving back and forth to deliver kegs etc. for our senior party and probably drinking something stronger than beer! How sad. My daughter is a freshman. Hopefully by the time it's her year, 100% of the class will attend. Roma Krebs --- Dawn Smith <cdo •ro'ect •rad@ ahoo.com> wrote: > THANK YOU > CDO PARENTS AND ADMINISTRATION > The first annual CDO Project Graduation was a > special event that the > 2004 graduates VERY much enjoyed. > The Steering Connmittee,would like to thank you for > your > support and participation. > If you have any observations or suggestions PLEASE > let us know. > and, of course we hope you'll join us as we > look forward to this annual night for our kids. > Do you Yahoo! ? > Yahoo! Domains - Claim yours for only $14.70/year Do you Yahoo!? Friends. Fun. Try the all-new Yahoo! Messenger. http://messenger.yahoo.com/ Yahoo! Mail -cdo roect ad � '� .� ��ahoo.com Page 1 of 1"Yis ' I��11 :: Print - Close Window II �� i:. From: "The Dreier's" <herman@theriver.com> To: "Dawn Smith" <cdo_project grad@yahoo.com> Subject: RE: CDO Project Grad -HUGE SUCCESS Date: Thu, 20 May 2004 16:35:41 -0700 My compliments to you and your team of people. I was not as involved as I wanted to be with this P project. However, I did work last night from 8- 12and was blown away. It is clear that everyone worked really hard to make this a special night for the graduates. The room was beautiful. The tables looked fabulous. The ice sculptures incredible. The food was more than one can imagine on the best of cruises. So many events for the evening. Everyone seemed to be enjoying themselves. ..even all of the people working and doing various jobs. And the kids all seemed to be so appreciative. I had the opportunity to serve some dinners and everyone so well mannered. As I said ...I am blown away. What a marvelous evening for all involved. You did an amazing job!!!! I look forward to participating more next years t Yahoo! Mail-cclo_project_grad@yahoo.com Page 1 of 1 "YAEIsHoO!. .- = Print - Close Window From: "Elaine Greenapple" <raberg2@earthlink.net> To; "Dawn Smith' <cdo_project_grad@yahoo.com> Subject: RE: CDO Project Grad - HUGE SUCCESS Date: Thu, 20 May 2004 22:02:02 -0700 Dear Dawn, You and your cohorts are the ones who deserve the thanks for creating such a memorable night for our seniors. You are true visionaries who were able to devise a plan and carry it out with such success. I admire you all. I will look forward to being a part of the next two years when my own two children will reap the benefits of your fantastic planning. thanks again, Elaine Original Message- From: Dawn Smith To: Lea Anne Gibson;Minette Goldsmith;Amy Gosla;Elaine Greenapple;Tammy Gregoire;Angela Gruber-,Sue Hainsworth;Cheryl Hall;Diane Hall;Susie Hallowell;Julie Cook;Judi Demanco;Debbie Dempsey;Judy DiScenza;David I Judy Dodge;Janice Doonan;Chris/Pat Douglas;Shem Dreier;John Durako;Carrie Durham;Dave Edwards;Debbie Emans;Leslie Engelhard;Aleesa Engquist;S. Edwards Eskay;Pam Evans;Melissa Evers;Laura Ewens;Sheryl Freed;Ellen Galloway;Elisa Garcia;Cindy Gastruch;Bobby Gay;Carrie Gibson Sent: 05/20/2004 3:53:21 PM Subject:COO Project Grad-HUGE SUCCESS THANK YOU COO PARENTS AND ADMINISTRATION Y The first annual CDO Project Graduation was a special event that the 2004 graduates VERY much enjoyed. The Steering Committee would like to thank you for your support and participation. If you have any observations or suggestions PLEASE let us know. and,of course we hope you'll join us as we look forward to this annual night for our kids. . Do you Yahoo!? Yahoo! Domains-Claim yours for only$14.70/year Yaho©. Mail -cdo p JadCOY ro"eco ahoo.com Page 1 al 'Ypii-I.001,; Print - Close Window�. From: katemaguirejensen@comcast.net To: "Dawn Smith" <cdo project_grad@yahoo.com> Subject: Re: COO Project Grad - HUGE SUCCESS Date: Fri, 21 May 2004 21:18:27 +0000 Dawr -- I thought you all did a fabulous job. The kids seemed to have a great time. And they were all so delightful and polite. My husband and I really enjoyed working. Please put me on the list for next year when you start the organizing. I might be able to help. Kate Jensen Forwarded Message From: "Dawn Smith" <cdo__project_grad@yahoo.com> To: "Margaret Kurzius-Spencer" <jklmspenc@dakotacom.net>,"Anna Ladds" <annaladds@cs.com>,"Shirley Lee" <slee2800@aol.com>, "Laura Lentne ' <lclentner@hotmail.com>,"Carla Livak" <rn.livak@comcast.net>, "Billie Loehr" <ARM_INC@Rocketmail.com>, "Geri Mahrt" <mahrts@comcast.net>,"Peggy Maill" <jpconda@msn.com>,"Susan Mannion-Proksa" <smannion@aol.com>,"T3 Marsh" <marshland@mindspring.com>,"Kris Mason" <kmason@amphi.com>, "Sandee Mattson" <sandeehorse@earthlink.net>, "Nick/Joanne Mauger" <thaifour@earthlink.net>, "Kathy McAndrews" <kathyh@theriver.com>, "Jane McClarren" <surenoprob18@aol.com>, "Casonti McClure" <casi@comcast.net>, "Becky McCracken" <beckymccracken@comcast.net>, "Jan McDivitt" <3OHNMCDIVITf@msn.corn>,"Martha McKibben" <mdcibbenm@aol.com>, "Kristin Hazzard" <noh2opooh@aol.com>, "Cheryl Herrera" <cherherrera@aol.com>,"Kathleen Hickfiord" <kshmlt@yahoo.com>,"Vickie Hildenbrand" <vickielynn@comcast.net>, "Kim/Mark Holderness" <holderness@comcast.net>,"Kim/Mark Hokierness" <kirnberly.m.holderness@wellsfargo.com>,"Blanca Holguin" <nizhoniflower@aol.com>,"Lisa Holtorf" <lisaholtorf@hotmail.com>, "Robin Horton" <r2horton@juno.com>, "Scott Houghton" <ars654@cs.com>, "Shauna Huber" <Ieslie1200@hotmail.com>, "Carol Hunter" <HunterHil@comcast.net>, "Todd Jaeger" <tjaeger@amphi.com>, "Susan Jenkin" <sjenkin@amphi.com>, "Kate Jensen" <katemaguirejensen@comcast.net>, "Yvonne Johnson" <yjohnson@amphi.com>, "Jennifer Jones" <Dones@amphi.com>,"Roz Jones" <hjns00@cs.com>,"Marcela Keys" <kenkeys@comcast.net>,"Brenda Knapp" <bknapp@masrealestateservices.com>,"Jana Knutson" <knutsonfj@theriver.com>, "Karen Kovacs" <Karen.Kovacs@pulte.com>, "Roma Krebs" <romakrebs@yahoo.com> Subject: CDO Project Grad -HUGE SUCCESS Date: Thu, 20 May 2004 23:05:00 +0000 HTML Attachment THANK YOU CDO PARENTS AND ADMINISTRATION The first annual CDO Project Graduation was a special event that the 2004 graduates VERY much enjoyed. The Steering Committee would like to thank you for your support and participation. If you have any observations or suggestions PLEASE let us know. and, of course we hope you'll join us as we look forward to this annual night for our kids. Do you Yahoo!? Yahoo! Domains-Claim yours for only$14.70/year Yahoo! Mail-cdo_project_grad@yahoo.com Page 1 of 2 ''Srzkx-IoOMail ri Print - Close Window sem' r. Subject: RE: CDO Project Grad-HUGE SUCCESS Date: Fri,21 May 2004 08:36:22-0700 From: "Karen Kovacs" <Karen.Kovacs@Putte.com> To: "Dawn Smith" <cdo_project_grad@Yahoo.com> My husband and I had a great time volunteering. We can't wait for our son to participate in this event next year. We will certainly be volunteering for behind the scene preparations then. I felt that every attention to detail was thought out in regards to this event. My hat is off to you!! Yahoo!! Mail -cdo_project_grad@yahoo.com Page 1 of 1 "17.A.,1100, Mail Print - Close Window From: "The Trick Family" <tridcfam@comcast.net> To: "Dawn Smith" <cdo_project grad@yahao.com> Subject: Re: CDO Project Grad-HUGE SUCCESS Date: Fri, 21 May 2004 08:10:28 -0700 Dear Dawn, Thanky ou for your hard work and coordination and everything else that you did!l-I'm glad that it was such a success. My daughter had a wonderful time. Pearl Trick ---Original Message- From: Dawn Smith To: Jim Truitt; Lee Unger;Anna Uranga ;Vera Uyehara; Melissa Vega; Sabrina Verge!'; Stephanie Stem ; Stephanie Stevens; Matthew Stickroth ; Linda Stokely; Karen S ; Stephanie Streeter;Violanda � - - S�rtcierski- Suzette Tarro - ShellyTannin; Sullivan; Kyoko Suter; Krista Swaim; Ann Swaney; Fred/Mary Mary Taylor for; Rhonda Terry ;Joanie Tevis; Mary Thibault; Susan Thi ; Crystal Throckmorton ; Susan Torgerson ; Dee Dee Trabu;Pat Trainor; Kathleen T ; Shira Trick Sent:Thursday, May 20,2004 7:44 PM Subject: CDO Project Grad-HUGE SUCCESS THANK YOU CDO PARENTS AND ADMINISTRATION The first annual CDO Project Graduation was a special event that the 2004 graduates VERY much enjoyed. The Steering Committee would like to thank you for your support and participation. If you have any observations or suggestions PLEASE let us know. and, of course we hope you'll join us as we look forward to this annual night for our kids. Do you Yahoo!? Yahoo! Domains-Claim yours for only$14.70/year IDLCL- Fwd: COO PROJECT GRAD VOLUNTEERS Date: 6/8/04 1:26:06�ub3: t M US Mountain Standard Time „Or\ ? To: BooRat.h49 Unkycef-,k l t n, en 0 )‘VOL)=---- 11,i/Vie Forwarded l lessage: Subj: Re: COO PROJECT GRAD VOLUNTEERS n rA 10:17:21 ra_s�7�/'f� ES I� i ll1 1��-�i�_�+ Standard"rira..�. C� Date: 6/81 -!V:1!_L 1 #Y) US tvlouniain Standar u Time From: og - am hb. P # To: Coniacibe-1(3,aol.com Sent from the Internet tails First off, I had a blast and cannot wait until the next party. You all did a fabulous_ job.ob. You need to be commended over and over!!! � *Was the length of the shift acceptable? 't/ picked the 3-6am shift because "thoughr would be able toget sleep before theparty. I was just as excited as the kids. So, my some sl p lesson was that! can work any and all shifts (keep that in mind). And, yes the length of the shift(3 hours)was perfect! *Are you willing to work on Project Graduation 2005? if so, in what _ areas would you like to help? full-time jobs. YES!! l would like to help in the casino, l work two As much as I would like to help in the planning; etc.,that would be stretching my time just a wee bit too much. But,you can count on me y for the actual party. * e .s your vol unto experience the night of Project Graduation? The exerpience was fabulous. What a tremendous opportunity for seniors to gettogether ether before they venture out to college and/or work. *Was parking okay? were excellent. The Not a problem at all. The signs around campus p lighting helpednavigate COO my way. I an not familiar with the campus and all that you did was perfect. *Did you a good ood job description and did the job go well? Job description tion was fine. Very evident that a lot of planning and party thought was put into a this because everything was outlined in the kitchen as to what was done at what particular time. *Anythoughts you have about your volunteer position that night. other g Give us any thong hts or feedback on the event itself..---what to leave the same and what to change. at registration,just 1 would suggest asking for some amount ofmoney you do for yearbooks "deposit" ! is land books. Explain that the fully refundableprovided rovided that the"reservation”is cancelled by such and suchhope date. Mywould be that a more diverse group of seniors will attendthe patty because the majority of the money was laid out July/August ust before school even started. This might also give you a better headcount for food and beverage. Believe me, l know from working in the food service department for this school district that it is very of food and quantity of food people will eat. What hard to project type 1 noticed: pizza,hamburgers(in other words,junk!)went way before g a ffl Have anyof the graduating seniors given feedback the delicious stn �r reAacrIN cite OW sewed and what they would have preferred_! (l did Y uesd Uracs, I\T nc I(Lb,'-'L V1 ✓ hear a few comments that there wasn't much for a vegetarian to eat). The kids loved the casino! I don't know what time it began or what time it ended. What I did hear was that once the casino shut down,the "gamblers"felt that the event was over. Instead of raffling the prizes,what if a silent auction was done?! This would entail a lot of planning on the student's part(i.e., how much"money"did l earn?), but could also mean that once they"won", that would be it. (There were a couple of kids that got more than one raffle item). If cash and/or car and/or BIG ticket item is available,why not auction it off,too?! Would (possibly) make for a lot of excitement!! *Do you have any ideas on how we can reach more volunteers for planning and set-up for the event? Cat Foothills starts with the parents in 9th grade. They start disseminating information about Project Graduation with registration. By the time their child is in 11th grade, that parent may have volunteered for three years. Word of mouth! Another avenue is Amphi District Employees_ If I wasn't so tied to some students(and families) at CDO, 1 would have no idea about Project Graduation. I work for the district, however, events at the schools where money and/or volunteers are needed, aren't always made known to district employees. Have a great summer! I hope to hear from you!! >>> <Contactbet c@aol.corn>06/08/04 09:36AM >>> Project Graduation Volunteer Survey: Many of you have sent us feedback via the COO Project Graduation website. Thank you for your thoughts and input. We are still looking for feedback from as many people as possible we want to improve the event for 2005!!! We would appreciate it if you could take a few minutes and send us a quick reply to this email. Tell us: How wasy our volunteer experience the night of Project Graduation? Was parking okay? Didy ou have a good job description and did the job go well? Was the length of the shift acceptable? Any other thoughts you have about your volunteer position that night. Give us any thoughts or feedback on the event itself.....what to leave the same and what to change. Doy ou have any ideas on how we can reach more volunteers for planning and set-up for the event? Arey ou willing to work on Project Graduation 2005? If so, in what areas would you like to help? Thank you again for volunteering the night of Project Graduation, and Tuesday, June 08, 2004 America Online: BooRath49 ! - cdo ro'ect ad ahoo.corn Page 1 of 2 bcaukm Yahoo! Mail � � _gr �� .A.1400Y,,,, Mail ._�-1 �-."�� t rin - Close Window From: "Elaine Greenapple" <raberg2@earthlink.net> Fixt, - To: "Dawn Smith" <cdo__project grad©yahoo.com> Subject: RE: CDO Project Grad -HUGE SUCCESS Date: Sun, 23 May 2004 15:04:25 -0700 Hi-Dawn, First I want to congratulate you and all your cohorts who worked so hard to make this such a huge success. just I have only heard the most wonderful compliments and everyone I talked to was so amazed with it all. What impressed me was all the little details that everyone loved and each detail was different from the rest. So let me elaborate on some of the details, the positive and the suggestions, while it is still fresh in everyone's mind. I've been to a fewg g raduation parties and have talked to some kids and parents so I want to share what I've heard, from the little to the big. First of all, the big successes, overwhelmingly, were the casino and the hypnotist. Everyone, (mostly boys) loved the casinoamblin and 1 don't think you can plan another graduation party without that. They loved the g g hynotist, but a few kids said it went too long. Maybe a different hypnotist or the same one but a shorter show. One kid said he loved the whole idea of a"show"for entertainment, and said maybe a stand-up comedian would be another idea of a"show"...if we could find one with jokes clean enough for high-school kids (and their parents), yet sophistocated enough to make them laugh!! As for the details... I heard from a few kids how much they loved the gift bags, the cameras, and most of all the messages from theirp arents. What a nice touch and how lovely that the kids found those notes so meaningful. I hope their parents hear that from them. Lots of kids appreciated how the gym was transformed..."the lights up above..." "the table centerpieces" "the Chicago skyline" Theyloved the entertainment by their teachers...what a dedicated group to come out and perform for the � � seniors. !m a teacher...I know how dedicated it is to attend night functions for the same kids after teaching them all day, all year... but at 11:00 pm, that was over and above. The kids loved it. One kid said, "Can you believe there was ice cream all night long??? Everytime I turned around someone else was offering me ice cream. What could be better?" One kid said there was no need for a DJ, that this was not really a"dance" party, they had all just danced at the prom. He said the music was too loud and not necessary. Maybe some background music, but not dance music. He said not to spend so much money on a DJ. He said what was so great about this night was the fact that it was not just another dance party and that the differences were what made it so good. Another suggestion was that there be a quiet place with couches so that if you just wanted to"chill with my friends and sit and talk"there would be a place, away from the noise to just sit quietly.99uieti . He thought that the "motel"was just that place and was so disappointed to find that it was just a fascade!! The ongoing food great and the prizes were mentioned a number of times as being great, even though not g g was one anything!!kid I talked to won an thin !! They still loved the fact that the prizes were a part of the event. I didn't talk to one kid who mentioned the pool or hot tubs...were they well attended?? One suggestion was that it was too spread out...they said they lost the intimacy of the party...that there were not a lot of kids at each event because it was so spread out and so many activities from which to choose that get didn't feel like theycould to everything or see everyone. However, another kid said that he loved that fact that there were so many activities that you never had to wait in line for anything or feel that it was too crowded. You can't please everyone!! One 99 major suggestion will make you all happy. I talked to so many parents who said they want to be more "n volved next year. However, there has to be a way to get the word out to parents about how many little jobs � putting there are. I know there are hundreds of jobs that took just a few hours each ( p g kids names on tags, stuffing their gift bags, xeroxinginstructions for parents, so many more that I can't even think of). Some parents will not cdo�ro'Yahoos Mail - ad ahoo.com Page 2 of 2 �ect� �Y attend planningmeetings, some will not come to set up or tear down because it sounds too overwhelming or g because they think it needs strength or muscles, some will not feel they can devote days y to working. If you can somehow get the word out that there are many details that can be done ahead of time and that parents can just sign for little jobs alongthe way, I think you can save yourselves a hundred hours. I don't know how to up advertise this, but I think that parents are willing to do more. That is what I've heard from parents in the community. Please pass the word to all of you who made this work so well that the parents of the CDO community are so grateful for the hundreds of hours of your time over the past two years of planning this event. You should all be so proud of a job so well accomplished. I'll look forward to helping out more next year. Thanks, Elaine Greenapple Original Message- From: Dawn Smith To: Lea Anne Gibson;Minette Goldsmith;Arny Gosla;Elaine Greenapple;Tammy Gregoire;Angela Gruber;Sue Hainsworth;Cheryl Hall;Diane Hall;Susie Hallowell;Julie Cook;Judi Demanco;Debbie Dem se ;Jud DiScenza;David/Judy Dodge;Janice Doonan;Chris/Pat Douglas;SherriDreier;John P Y� Y Durako;Came Durham;Dave Edwards;Debbie Emans;Leslie Engelhard;Aleesa Engquist.S. Edwards Eskay;Pam Evans;Melissa Evers;Laura Ewens;Sheryl Freed;Ellen Galloway;Elisa Garcia;Cindy Gastruch;Bobby Gay;Carrie Gibson Sent:05/2012004 3:53:21 PM Subject: COO Project Grad-HUGE SUCCESS THANK YOU COO PARENTS AND ADMINISTRATION The first annual CDO Project Graduation was a special event that the 2004 graduates VERY much enjoyed. The Steering Committee would like to thank you for your support and participation. If you have any observations or suggestions PLEASE let us know. and, of course we hope you'll join us as we look forward to this annual night for our kids. Do you Yahoo!? Yahoo! Domains-Claim yours for only$14.70/year TOWN OF ORO VALLEY 4 rOUNCIL COMMUNICATIO N MEETING DATE: February 16, 2005 TO: HONORABLE MAYOR & COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Consideration and Possible Approval of the Town's Budget and Bond Committee Report to Council for the Quarter Ended December 31, 2004. SUMMARY: On January 24, 2005, the Town of Oro Valley's Budget and Bond Committee held its regular quarterly had several items on its meeting. The Committeeagenda including the review of Town proceeds from long-term debt service issuances, bond projects Status Report, Economic Development Pima County Activity Report Re ort and the financial status of the Town as of December 31, 2004. Staff would like to present the Town's financial status for the second quarter of FY 2004/05 at g tonight's meeting. A copy of the agenda and other informational items from the Committee's meeting are included with this communication. ENERAL FUND: Fiscal year-to-date revenue collections indicate that overall revenues will exceed budget by $329,402 (1.7%) at fiscal year end. primary The rima revenue sources contributing to the General Fund are local sales tax collections, state shared revenues, licenses and permits, and charges for services. Local Sales Tax Collections Bars collections are projected to increase by 15.0% ($80,000) over budget by • Restaurants & fiscal year end based on current trends. Hotel & Motel tax collections are expected to exceed budget by about 4.6% or $50,000. • Retail sales taxslightly collections are sli htl below mid-year expectations. This, coupled with a significant store closure in January 2005 is expected to have a negative impact of approximately $100,000 to retail collections at fiscal year end. Pp y • Based on year to date construction sales tax collections, it is currently projected that fiscal year end revenues approximately will be a roximatel $1.8M compared to a budget of $2.625M. However, the "Other" projects apositive variance of $821,000. It appears that, perhaps though category uncertain, there may a problem roblem with the ADOR reporting system. The Finance Department is confident of the bottom line revenue estimates and projections for all of the other industry codes. Further research will be performed to resolve this anomaly. G:\JOS1-11(\Finance Reports 2004-2005\2Q Finance Reports\BBC TO COt;NC;II..,2-I 6-05.doc- TOWN OF ORO VALLEY -OUNCIL COMMUNICATION Page 2 of 4 State Shared Revenues ° higher than this point last year. Based on this trend, State Sales State Sales tax collections are 7.0/o g d budget by $41,000 at fiscal year end. County Auto Lieu collections are tax revenues should excee 9II ctions ° should net $40,000 above annual budget projections. State Income tax co eup 6/10 of 1 /° and are tracking to budget. Residential Building Permits were 500 single family residential building permitsbudgeted in 2004/05 and 237 permits were issued year.the second quarter of the This annualizes to 474 building permits by the end of the average of$3,462 ermit was budgeted, while the average permit fiscal ear. Additionally, anperp Y collection through the secondquarter uarter was $3,316. A projected decrease in the number and average dollar value of residential building permits results in an estimated $159,200 shortfall to the residential building permit revenue budget. commercial Building Permits to contribute significant Two major projects are expected revenue to Commercial Building Permits during the second half of the fiscal year. Splendido The Project anticipates it will apply for building permits this next quarter, totalingclose to $150,000. Additionally, the planned shopping center at Oracle and Magee shouldgeneratenearly $120,000 in building permit fees. If these two projects execute according to plan, this would net commercial building permits an additional $211,000 above budget estimates. Federal/State Grants to be $625,900 Overall Grant Revenues are expectedby fiscal year end compared to a budget of can be attributed to a delayin the hiring of officers funded through the $702,900. The difference grant Universal Grant and a p reduction of expected revenue from the Governor's Office of Highway Safety.. All other grant revenues are expected to meet budget. Charges for Services Revenue sources for services includevariety a of fees including court costs, zoning and subdivision fees, recreational user fees and real property rental income. Total collections after the second quarter ° annual budget amount for this category. It is important to note that Year- to-datehave reached 67.9/° of the g one time payment of$83,100 for Recreation in Lieu Fees. Charges for collections include a p y services should exceedbudgetby close to 35.3% ($208,402) by the year end if all trends continue. (i:\JOSEPI....'`:.Finance Reports 2004-2005\2Q Finance Reports BBC TO COUNCIL 2-16-05.doc TOWN OF ORO VALLEY OUNCIL COMMUNICATION Page 3 of 4 HIGHWAY FUND: A $535,982 negative revenue variance is projected and is related to construction sales tax collections. Cumulative collections through December total $432,924. This amount annualizes to $1.04M at fiscal yearcompared end, to a budget of $1.575M. Staff is taking a conservative stance and lowering estimates. However, staff is also researching ADOR's new reporting system because an inordinate amount of sales tax collections are being reported as "Other" by ADOR's system. PUBLIC TRANSPORTATION FUND: A slight shortfall is attributed to a $15,000 reduction in urbanized area formula funding. TOWNWIDE ROADWAY DEVELOPMENT IMPACT FEES FUND: slightly impact fee collections mayfall sli htly lower than originally budgeted. This reduction is directly related to permits,residentialbuilding with 474 permits projected by year end. This shortfall is additional interest income. Pima County Bond Proceeds remain on track for Largely offset by reimbursements are projected to be $250,000 lower than budget (5.6%) by fiscal Distribution. PAG year end. Nevertheless there should be no negative fiscal impact due to the nature of expenses related to these reimbursement funds. ORO VALLEY WATER UTILITY: Revenues are projected to exceed budget by $822,094 (7.6%) by fiscal year end. • Of the $292K positive variance for water sales, $225K is related to irrigation and construction activities. • $80,250 of unbudgeted eted income from charges for services was received from the Town of Marana for water service area fee collections. • Significant interest income is also being received based on better than expected cash reserves in the LGIP and bond proceeds invested with the trustee at Wells Fargo Bank. invested BUDGET AND BOND COMMITTEE RECOMMENDATION: The Committee recommended the forwardingof its report to Council for the quarter ended December 31, 2004. G:':.OSEPH..:EFinafce Reports 2004-20052Q Finance Reports\BBC TO COUNCIL 2-16-05.do€:- TOWN OF ORO VALLEY ,OUNCIL COMMUNICATION Page 4 of 4 ATTACHMENTS: 1. Finance Report for Quarter Ended December 31, 2004. g 2. Agenda from Budget and Bond meeting January 24, 2005. 3. 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LL L) M z 0 .{ (_) C CO Cl) Z o a) a) — v) a = {-' C cn c O C c N 0 C a) N C1) a) L O N) Town of Oro Valley GENERAL FUND Budget Compared to Actuals Report Through December 31,2004 Year Completed 6 of 12 Months OR 50% 2004/2005 Y-T-D Remaining Percentage of Total Budget i Actuals Balance Budget Completed REVENUES: Local Taxes $ 7,990,000 $ 3,228,901 $ 4,761,099 40.4% Liven ses&Permits 2,165,000 1,032,216 1,132,784 47.7% Fede ral Grants _ 594,400- 194,731 399,669 32.8% State Grants 108,500 60,781 47,719 56.0% S tate Shared 7,110,000 3,212,608_ 3,897,392 _ 45.2% Other Intergovernmental 507,000 118,249 388,751 23.3% Charges for Services 589,100 399,527 189,573 67.8% g 106,977 46.5% Fines 200,000 93,023 Interest Earnings _ 165,000 86,345 78,655 52.3% Miscellaneous 125,000 38,596 86,404 30.9% Fund Balance Carryforward7,335,587 - 7,335,587 ..TOTAL REVENUES $ 26,889,587 $ 8,464,975 $ 11,089,025 43.3% EXPENDITURES: Town Council _$ 189,509 $ 101,082 $ 88,427 , 53.3% Town Clerk 334,393 129,325 205,068 38.7% Magistrate Court 552,035 247,137 304,898 44.8% Town Manager 402,888 182,095 220,793 45.2% Human Resources 253,163 122,467 130,696 48.4% Economic Development 626,550 155,920 470,630 24.9% Finance 472,603 239,429 233,174_ 50.7% Information Technology 407,130 161,285 245,845 39.6% Legal 569,504 258,336 311,168 45.4% Community Development Administration 388,315 161,471 226,844 41.6% Planning&Zoning809,407 339,350 470,057 . 41.9% Parks&Recreation 1,549,008. 834,337 714,671 53.9% ,Library Services 967,829 346,984 620,845 35.9% Police8,888,736 4,008,640 4,880,096 45.1% _ Police-Grant Contingency 115,800 - 115,800 0.0% Safety Building1,249,432 490,560 758,872 39.3% Public Works 317,403 135,643, 181,760 42.7% Custodial&Facility Maintenance 151,139 62,008_ 89,131 41.0% General Administration: 1,560,020 1,254,220_ 305,800_ 80.4% Contingency 7,084,723_ - 7,084,723 TOTAL EXPENDITURES $ 26,889,587 $ 9,230,288 $ 10,574,576• 46.6% REVENUES LESS EXPENDITURES $ (765,313)_ UNENCUMBERED BALANCE AT JULY 1, 2004 $ 8,981,512 CURRENT FUND BALANCE $ 8,216,199 G:\JOSEPH\Finance Reports 2004-2005\2Q Finance Reports\December 2004-2005 FINANCE REPORT Town of Oro Valley HIGHWAY REVENUE FUND Budget Compared to Actuals Report Through December 31, 2004 Year Completed 6 of 12 Months OR 50% 2004/2005 Y-T-D Remaining Percentage of Total Budget Actuals Balance Budget Completed REVENUES: - 1,142,077 27.5% Local Sales Tax $ 1,575,000 $ 432,924 $ 27.5% Permits 25,000 11,701 13,299 Licenses& PAG Reimbursements 565,000 - 565,000 0.0% State Shared Fuel Tax � 2,555,000 1,034,550 1,520,450 40.5% Charges for Service 1,000- 798 202 79.8% Interest Income 20,000 19,529 471 97.6% 8146.3% 2,000 162,926 (160,926) Miscellaneous Fund Balance Carryforward 1,879,272 - 1,879,272 TOTAL REVENUES $ 6,622,272 $ 1,662,428 . $ 3,080,572 35.1% EXPENDITURES: $ 1,543,820 $ 714,458 _ $ 829,362 46.3% Personnel - � 41.1% ns&Maintenance 877,650 360,771 516,879 -Operations 9.0% Outlay 3,814,620 344,377 3,470,243 Capital O y Contingency 386,182 - 386,182 TOTAL EXPENDITURES $ 6,622,272+ $ 1,419,605 $ 4,816,485 22.8% 242,822 , REVENUE LESS EXPENDITURES $ , + UNENCUMBERED BALANCE AT JULY 1,2004 $ 2,079,264 CURRENT FUND BALANCE + $ 2,322,086 G:\JOSEPH\Finance Reports 2004-2005\2Q Finance Reports\December 2004-2005 FINANCE REPORT Town of Oro Valley TOWNWIDE ROADWAY DEVELOPMENT IMPACT FEES FUND Budget Compared to Actuals Report Through December 31,2004 Year Completed 6 of 12 Months OR 50% 2004/2005 Y-T-D Remaining Percentage of Total Budget Actuals i Balance , Budget Completed REVENUES: PAG Reimbursements $ 4,489,666 $ 843,566 $ 3,646,100 18.8% Development Impact Fees 1,460,000 674,704 785,296 46.2% p Pima County Bond Proceeds 1,438,000 - 1,438,000 0.0% Interest Income - 32,519 (32,519) 0.0% Miscellaneous 10,000 2,108 7,892 21.1%Fund Balance Carryforward 5,139,193 5,139,193 - REVENUES $ 12,536,859 $ 1,552,897 $ 5,844,769 TOTAL _ 21.0% , EXPENDITURES: Personnel . $ 365,795 $ 60,261 $ 305,534 16.5% Operations& Maintenance 62,350 27,709 34,641 44.4% Capital Improvements 9,381,666 2,715,487 6,666,179 28.9% Debt Service 19,977 946,245 (926,268), 4736.7% Transfer to CapitalProjects 1,325,000 1,269,753 55,247 95.8% Contingency _ 1,382,071 - 1,382,071 TOTAL EXPENDITURES $ 12,536,859 $ 5,019,454 $ 6,135,334 40.0% TURES $ (3,466,557) REVENUE LESS EXPENDI _ UNENCUMBERED BALANCE AT JULY 1,2004 $ 5,757,473, CURRENT FUND BALANCE $ 2,290,916 G:\JOSEPH\Finance Reports 2004-2005\2Q Finance Reports\December 2004-2005 FINANCE REPORT Town of Oro Valley PUBLIC TRANSPORTATION FUND Budget Compared to Actuals Report Through December 31,2004 Year Completed 6 of 12 Months OR 50% 200412005 Y-T-D Remaining Percentage of Total Budget Actuals Balance Budget Completed REVENUES: Federal&State Grants $ 71,580 $ -. $ 71,580 0% Local Transportation ortation Assistance Funds 192,000 130,437 61,563 68% ,Local Transportation Assistance Funds II 89,262. -. 89,262 0% p Charges for Services 31,500 16,371 15,129 52% Interest Income _ 2,000 1,648 352 82% t 100% Transfer from General Fund 95,998 95,998 -_ D ovations100 - 100 _ 0% Fund Balance Carryforward 45,817 - 45,817 TOTAL REVENUES $ 528,257 $ 244,454 $ 237,986_ 50.7% 'EXPENDITURES: Personnel $ 275,600- $ 126,904 $ 148,696 46% Operations&Maintenance 113,395 47,718 65,677 42% P Vehicles 116,000 - 116,000 0% Contingency Fund 23,262 - 23,262 TOTAL EXPENDITURES $ 528,257 $ 174,622 $ 330,373 34.6% VENUE LESS EXPENDITURES $ 69,833 RE � , UNENCUMBERED FUND BALANCE AT JULY 1,2004 $ 95,908 CURRENT FUND BALANCE ' $ 165,741 G:\JOSEPH\Finance Reports 2004-2005\2Q Finance Reports\December 2004-2005 FINANCE REPORT Town of Oro Valley ORO VALLEY WATER UTILITY Budgeted Income Statement Through December 31,2004 Year Completed 6 of 12 Months OR 50% 2004/2005 Y-T-D Remaining Percentage of Total Budget Actuals Balance Budget Completed OPERATING REVENUES: . . Water Revenues _ $ 8,774,100 $ 4,565,820 $ 4,208,280 52.0% g Service Char es&Meter Income&Miscellaneous 982,900, 538,566 444,334 54.8% TOTAL REVENUES $ 9,757,000 $ 5,104,386 $ 4,652,614_ 52.3% OPERATING EXPENSES: Personnel $ 1,700,437-437 $ 824,891 $ 875,546 ' 48.5% ,Depreciation&Amortization 1,955,173 923,533_ 1,031,640 47.2% Operations&Maintenance 3,011,620 1,535,820 1,475,800 51.0% TOTAL OPERATING EXPENSES $ 6,667,230+ $ 3,284,243 $ 3,382,987 49.3% OPERATING INCOME $ 1,820,142 NON-OPERATING REVENUES(EXPENSES) Water Connection Fees _ $ 840,000 $ 492,588 $ 347,412 58.6% -Alternative Water Impact Fees 126,000 84,150_ 41,850 66.8%, Interest Income 122,500 221,902 (99,402) 181.1%Interest Expense _ (2,950,444)- (862,868) (2,087,576) 29.2% TOTAL NON-OPERATING REVENUES (EXPENSES) $ 4,038,944+ $ (64,228) $ 2,377,437 41.1% NET INCOME - $ 1,755,914 AT 1,2004 $ 15,825,222 RETAINED EARNINGS July CURRENT RETAIINED EARNINGS $ 17,581,136 G:\JOSEPH\Finance Reports 2004-2005\2Q Finance Reports\December 2004-2005 FINANCE REPORT Town of Oro Valley ORO VALLEY WATER UTILITY Capital Budget Through December 31,2004 Year Completed 6 of 12 Months OR 50% 2004/2005 Y-T-D Remaining Percentage of Total Budget Actuals Balance Budget Completed CAPITAL BUDGET Reclaimed Reclaimed Water Booster Stations $ 2,444,100 $ 685,343 $ 1,758,757 28.0% Reclaim Water-Mains 6,869,600 2,955,2003,914,400 43.0% Reclaimed Water-Reservoirs _1,453,500 1,373,836 79,664 94.5% Equipment—Reclaimed 206,600 206,600_ 0.0% Design Phase I - 220,796 (220,796), 0.0% Subotal Reclaimed $ 10,973,800 $5,235,175 $ 5,738,625 47.7% All Other Minor Assets $ 12,650 $ 1,338 $ 11,312 10.6% Meters 87,000 79,123 7,877 90.9% Wells 1,230,600 180,696 1,049,904 14.7% Booster Stations 300,000 10,185 289,815 3.4% Transmission/Distribution Main _ 3,734,200 1,270,336 2,463,864 34.0% Reservoirs 299,500 - 299,500 0.0% Structures 140,000 61,749 78,251 44.1% Vehicles90,000 73,541 16,459 81.7% Equipment 13,200 721 + 12,479 5.5% Security Equipment uipment 200,000 38,375 161,625 19.2% Subtotal All Other $ 6,107,150 $ 1,716,063 $ 4,391,087 28.1% TOTAL CAPITAL BUDGET $ 17,080,950 $ 6,951,238 $ 10,129,712 _ 40.7% G:\JOSEPH\Finance Reports 2004-2005\2Q Finance Reports\December 2004-2005 FINANCE REPORT AGENDA Town of Oro Valley Budget and Bond Committee Hopi Room Development Services Building 11,000 N. La Canada Drive Oro Valley, Arizona Monday, January 24, 2005 7:00 p.m. Call to Order— 7 p.m. Roll Call 1. Minutes from the October 25, 2004 Regular Meeting 2. Economic Development Activity Report 3. Pima County Bond Projects Status Report p 4. FY 2005/06 Capital Improvements Plan Update —Tony Eichorn 5. Review of Town Use of Proceeds from Long-Term Debt Issuances: p a. Water Development Fee Revenue Obligations, Series 2000 b. 2003 MPC Senior Lien Water Project Revenue Bonds 6. Quarter Ended December 31, 2004 Budget to Actual Review of Town Revenues and Expenditures/Expenses 7. Discussion of Departmental Budget Assignments to Committee Members Adjournment Oro Valleycomplies with the Americans with Disabilities Act (ADA). If any The Town of an person with a disabilityneeds type of accommodation, please notify the clerk's Y Y office at 229-4700. "Notice of Possible Quorum of the Oro Valley Town Council: In accordance with Chapter 3, Title 38, Arizona Revised Statutes and Section 2-4-2 of the Oro Valley Town Code, a majority of the Town Council may attend the above referenced meeting as a � y member of the audience only." F:\AGENDAS\Budget and Bond\1-24-05.doc 1 DRAFT MINUTES TOWN OF ORO VALLEY bR44 BUDGET AND BOND COMMITTEE Pr REGULAR MEETING HOPI ROOM DEVELOPMENT SERVICES BUILDING 11,000 N. LA CANADA DRIVE ORO VALLEY,ARIZONA MONDAY,JANUARY 24,2005 7:00 P.M. CALL TO ORDER—7:00 P.M. PRESENT: Honey Pivirotto, Chair Lyra Done, Vice-Chair Anil Hiremath,Member Tony Eichorn, Member Sarah Frost,Member STAFF PRESENT: Joseph Meyer, Management& Budget Analyst Mary Rallis, Accounting Supervisor Danielle Tanner, Senior Office Specialist Karen Greenspoon,Economic Development Specialist EXCUSED: David Andrews, Finance Director 1. APPROVAL OF MINUTES FROM THE OCTOBER 25,2004 REGULAR MEETING MOTION. • Vice Chair Done MOVED to approve the Minutes from the October 25, 2004 meeting. Member Eichorn SECONDED the Motion. Motion carried, 5-0. 2. ECONOMIC DEVELOPMENT ACTIVITY REPORT Karen Greenspoon presented the Economic Development Activity Report. • The Hospital ital received state board certification. They are accepting patients at their discretion and the ER is now open. • Five newbuilding plansare beingsubmitted this week for the Oracle Crossing retail center at Oracle &Magee. • ValleyMarketplace—Theyare having meetings with the sub-committees and have Oro p held four neighborhood meetings and meetings with HOAs. They hope to be done with g . the firstphase bythe end of the calendar year. Building plans are expected to be submitted for Sprouts, Carabas,Peter Piper Pizza, Brake Masters, and a bank. • Mercado del Rio at Pusch View and Oracle are also submitting five individual sites. F:\MINUTES\BUDGET AND BOND\1-24-05 Draft 3.doc DRAFT • Splendido has submitted their building plans. • The long-term care facility is actually alternative senior housing and is undergoing a property search at this point. • Other projects include the think tank which was formed at the request of the Town Council to review and update Economic Development strategies and guidelines. On February 7th they will go to a Council Study Session. It will hopefully become an ongoing Committee. • Stone Canyon Street of Dreams is a national program and they will be building six showcase houses by different developers to be open at the end of October. These homes will be presented to people from all over the country and it is projected to attract 40,000 people for showcase viewing in a two week period. Vice-Chair Done asked if there was a trend of the types of businesses that do not succeed in the Town. Ms. Greenspoon explained that she is part of the Business Retention Expansion Commission which is a statewide commission. The commission is putting together some software which can show indicators of business closings and may be able to do preemptive work. Member Hiremath stated that at one point Stone Canyon was going to put in a resort. Member Hiremath asked if there is potential for a resort in Rancho Vistoso and another hotel. He asked for any updates. Ms. Greenspoon indicated that the Ritz Carlton is negotiating with Dove Mountain. Member Hiremath pointed out that the Hotel/Motel taxes are increasing,having been lower at the last meeting. He asked if we were nearing hotel or resort build out. Ms. Greenspoon said that we are not,that we need more meeting space. 3. PIMA COUNTY BOND PROJECTS STATUS REPORT Ms. Rallis presented the memorandum provided by Brent Sinclair, Town Community Development Director on the status of the County Bond Projects. • No new information on the Kelley Ranch Acquisition • Steam Pump Ranch Rehabilitation—The property owner and the Town have agreed to the boundaries of the 4.2 historic core area to be acquired with the Bond Funds. A purchase price has not been agreed upon as of this date. • Honey Bee Village Acquisition—An appraisal has been completed and forwarded to the Town Council in Executive Session. The Town is working with the Tohono O'Odham Nation in developing a preliminary Preservation Plan for this Site. • Naranja Town Park Site—The Council did review the appraisal in Executive Session and no additional direction was given to staff. The Acquisition does not look favorable due to the appraisal. The current property owner is proposing to develop this site with 105 single family homes. • Oro Valley Public Library Expansion—The IGA with the Pima County was approved at the January 19th Council Meeting, 7-0. The project is likely to go out for competitive bid in February or March. Construction should begin in March and conclude in August. F:IMINUTESIBUDGET AND BOND11-24-05 Draft 3.doc 2 DRAFT' Member Frost asked if Finance was involved in the IGAs. Ms. Rallis did not believe so. Chair Pivirotto expressed that the Committee feels strongly that Finance needs to be involved due to the operatingcosts associated with the long-term financial implications. Chair Pivirotto said that it would be useful for the Committee to receive a copy of the Oro Valley Public Library Expansion IGA once it is fully executed. Vice-Chair Done discussed that there was a time restraint on the bond issue for Steam Pump Ranch. She asked if the Town would still receive the money despite the delay. Chair Pivirotto read in the report that Pima Countyindicated that we are no longer under a time constraint. Chair Pivirotto Naranja if the Narana Town Site was an additional piece of land north of the existing site. She asked about the implication of the 105 single family homes in the context of how the Town is envisioningusingthe Naranja Town Site. Vice-Chair Done explained that one reasons to obtain that property north of the Town Site was to give access to Tangerine. of the p p 4. FY 2005/06 CAPITAL IMPROVEMENTS PLAN UPDATE p Member Eichorn is the liaison to the Capital Improvements Plan Technical Advisory Committee and explained the status of the committee. • requestspresented at the first session. Most of the requests were from 39 different were Parks &Recreation and the Police Department. The Highway and Water Department's requests are more routine items. At the second session, Mr. Andrews presented a funding for$1,590,000 of which$1,090,000 is debt service on existing projects and the 5 90, Committee could make recommendations on$500,000. • The Committee nominated assumption projects which are deemed most critical. There were 9 assumption projects which consumed most of the$500,000, leaving about$6,000 p remaining. • The Co funds ranked all of the other projects if other should become available. • Public safety issues are very difficult to refuse. • Cozen cil Member Dankwerth had asked about the Police Department's request for firearms and if there had been any shootings in the Town. The Police Department said that there have not. The Police Department also requested replacing 22 vehicles and they received funding for 11. • One projectreplacing was for re the underpinnings of the rubber playground at Riverfront which is over 10 years old and has deteriorated. • Another project was a Dog Park. Chair Pivirottotop asked about the priority projects. Member Eichorn explained that one priority is an irrigation ation u pgrade to James D. Kreigh Park for efficiency. This is important in part because the state monitors these systems and if they could fine the Town if they deem the Town an abusive user. Another priority was a playground shade structure. Chair Pivirotto asked what the highest dollar items were. Member Eichorn stated that a new computer system was approximately $350,000. F.IMINUTESIBUD GET AND BOND11-24-05 Draft 3.doc 3 DR Fr Member Hiremath asked if the TAC members are the same people each year. Member Eichorn Y said that it is the same body,but the people change and there were 7 staff members for support. Chair Pivirotto expressed concern that the financial pressures have created a backlog and we are delaying certain projects due to a lack of resources. At some point it could be very expensive if preventative measures are not taken. Member Eichorn said that manyof the General Fund requests were in their third year. The dollar amountwill go from $10,000-$20,000. Anything under $20,000 will be included in the departmental General Fund budget instead of CIP. 5. REVIEW OF TOWN USE OF PROCEEDS FROM LONG-TERM DEBT ISSUANCES a) Water Development Fee Revenue Obligations, Series 2000 Rallis explained that the project is done, and to date they have spent $5,772,710. The Ms. p remaining funds of$36,040 will be used for debt service. b) 2003MunicipalProperty Pro erty Corporation Senior Lien Water Project Revenue Bonds Ms. Rallis reported that the amount spent to date on the water potable system, the expansion related p improvement projects, the potable water system existing system improvement projects p and the reclaimed water delivery system projects is $10,193,988. This represents 42% of the budgeted $23,790,313 and it is expected to be used by the end of the fiscal year. Last week the Town issued the bonds for the Oracle Road Improvement District (ORID), for $3.9M and that will be on the next report. A citizen from the audience asked about the total cost of ORID. Ms. Rallis stated that it is about some of the commercial property owners paid $1.5M up front. About $3.9M of the cost $SM, but was in the form of bonds. Vice-Chair Donep ointed out that the land owners the Town acquired under the improvement projects were partbudget.of the bud et. Vice Chair Done asked how finance missed budgeting for it. Chair Pivirotto said she would also like to know the answer to that question. MOTION: With regard to the quarterly review of proceeds from long-term debt issuances, Member Eichorn MOVED to forward the report to the Town Council with a favorable recommendation for Council acceptance. Member Hiremath SECONDED the Motion. Motion carried, 5-0. F:IMINUTESIBUDGET AND BONDI1-24-05 Draft 3.doc 4 DRAFT 6. Q UARTER ENDED DECEMBER 31, 2004 BUDGET TO ACTUAL REVIEW OF TOWN REVENUES AND EXPENDITURES/EXPENSES Mr. Meyer gave a Mid-Year update of the Town's financial status, discussing the following: • General Fund • Local sales tax collections including restaurant & bar collections • Retail sales tax collections • Construction sales tax collections • Residential building permits • Commercial building permits • Federal/State Grants • Charges for Services • Highway Fund • Public Transportation Fund • Townwide Roadway Development Impact Fees Fund • Oro Valley Water Utility Member Frost asked if the store closure mentioned in Mr. Meyer's report was Fry's Food and Drug. Mr. Meyer said that it was and that there is speculation that taking its place may be a Wal- martroce store. If so, this store should go in within the next couple months. g ry Member Hiremath asked about forecasting the commercial building permits for Splendido and the Oracle and Magee shopping center. Mr. Meyer stated that they can't budget for certain what g p they will bringin. Member Hiremath asked if were pushing back the COPS Grants hiring thinking we had them. Mr. Meyer explained that for the grant,the Police Department will not receive any moneyuntil all positions are filled. The delay was due to some officers leaving their positions, consequently y uentl they had to backfill those positions. Furthermore, it takes about 8 months to complete the process. Chair Pivirotto asked about the problems with the ADOR reporting system that is affecting revenues. Mr. Meyer explained that they switched to a different software program and we have noticed manydiscrepancies especially in the category called"other". On the last report,the ry "other" category was about $300,000 larger than normal. Perhaps some of the construction sales tax is within that category and when they reconcile that on the subsequent reports then we will see the construction sales tax. Chair Pivirotto asked what their obligation is to reconcile this time-wise and if we have an agreement with them that obligates them to perform. Mr. Meyer research that and get back to the Committee. Chair Pivirotto recalled that this was an issue will last year as well and she would like to know what their obligations are. Member Hiremath asked if it is a concern that the net amount is slightly off and if we have faith in their accuracy. Mr. Meyer said that he is not sure how to check their numbers but when we F:IMINUTESIBUDGET AND BOND11-24-05 Draft 3.doc 5 k 44/2 get the reports they generateFebruary in or March, if we add up the monthly sums, the calen• year to date will not be accurate and it has to be adjusted to match in all categories. Ac citizen from the audience asked what would be done with the projected surplus of$822,000 tY from the Water Utility. Mr. Meyer said that he doesn't know what the Water Utility's actions are for the future in terms of use. Chair Pivirotto added that their revenues and expenses are the Water Utility's responsibility. We do not have the discretion to move out of the General Fund category. Chair Pivirotto asked about the reduction of the expected grant revenues from the Governor's Office of Highway Safetyin the Federal/State grants category. Mr. Meyer said that he believes it g Y had to do with the timing of the application for that grant. Chair Pivirotto asked who was g responsible for making that deadline. Mr. Meyer responded that it was the Police Department. Chair Pivirotto discussed the charges for services category, stating that a payment of$83,100 for Recreation in Lieu Fees could be artificially boosting the total collections. The revenue has been received but the expenses are not included or associated with the creation of the parks. She asked if there was a reserve for the creation of parks. Mr. Meyer said there is not one to his knowledge. Chair Pivirotto reiterated that we collected $83,100 but we are obligated to create those parks. Vice-Chair Done said that at the last Council meeting, Mr. Andrews was asked about our accountingon the Recreation in Lieu Fees. He was asked what they amount to because they are part contingency of the contin fund. She asked if we are finding out how much money we now have. Rallissaid that we have a total of about $180,000 from different developers. Chair Pivirotto Ms. asked if it would be beneficial in Town accounting procedure to footnote the General Fund that the funding has been received, but there is an obligation related to and associated with constructing the parks. Chair Pivirotto stated that it looked like we had 43% of our budget on the revenue and 47% on p the expenditures, so we are running half way through the year with a$765,000 deficit. She inquired if the departments are being asked to take any action to further contain that deficit or are allowed to spend upto budget. Mr. Meyer said that they are allowed to spend up to their . they p o budget at fiscal year end. Chair Pivirotto said that she is concerned that we are lagging by 3% in revenues. Mr. Meyer said that a large part of Local Sales Tax,when they get that straightened out with may ADOR, the number raise and the deficit may reduce. Vice-Chair Done said that it is also affected bythe 80% of the budget that General Administrative has already staked and it is a big item. Ms. Rallis clarified that it is due to the debt service payments taken and transferred to as another fund. The money, expenditure, gets taken out and transferred to the municipal debt service fund. Ms. Rallis stated that around $979,000 was transferred to debt service. At the beginning 'nnin of the year she transfers the money out of the General Fund into the municipal debt t service fund and there is a payment at July 1 Sand in January. Chair Pivirotto mentioned having special meetings and to schedule a study session either C February or March to work on redoing 5-year projections. Member Hiremath stated that he is F:IIIINUTESIBUDGET AND BOND11-24-05 Draft 3.doc 6 P) on these still be able to commit to working projections. Chair Pivirotto said that the Commi '=e has to work with the 6 month figures to put a revised plan together. Member Frost asked about the General Fund revenue estimates for the Pima County Library District. The estimated budget is $477,000 and YTD is $88,249 but it still looks like we are estimating a year end of$477,000. Mr. Meyer explained that those are for the reimbursements. Ms. Rallis said that the actuals are for one quarter and she sent out the bill in January because she has to wait until theq uarter ends. She believes that we will be reimbursed for all of it. MOTION: Member Hiremath MOVED to recommend Council acceptance of the mid-year financial status report. Vice-Chair Done SECONDED the Motion. Motion carried, 5-0. 7. DISCUSSION OF DEPARTMENTAL BUDGET ASSIGNMENTS TO COMMITTEE MEMBERS Chair Pivirotto explained that the Departmental Budget Assignments are' assigned according to p member's meetings. Committee interest and Committee members are to attend the Departmental g The Committee members are encouraged to sit in on as many as possible. Chair Pivirotto reviewed the Financial Planning Calendar. She asked where in this process the Committee will have a handle on the projected expenses and revenues to reevaluate any other strategies for revenue generation. Chair Pivirotto asked if there had been any updates on the Town's comparison schedule of taxes. She suggested that the Committee get the revised projections and look at the revenue alternatives once itp ets updated. She thought that the Staff helped with the surveying of the other towns and g she asked Mr. Meyer to find out from Mr. Andrews and get back to her. Chair Pivirotto suggested we survey by email the availability of the Committee for 2 to 3 special meetings before the end of April. • Administration was assigned to Member Hiremath and Vice-Chair Done • Police, Magistrate Court, and Legal was assigned to Chair Pivirotto and Member Eichorn • Public Works was assigned to Member Frost and Chair Pivirotto • Community Development was assigned to Member Eichorn and Vice-Chair Done Member Frost mentioned that when we are scheduling for the meeting in March we need to work around the dates for the Continuing Education Classes. Chair Pivirotto asked that Ms. Tanner find out if the Committee has to take Continuing Educational classes thisy ear of if they can wait until next year. Chair Pivirotto reviewed the Continuing Education Class schedule. Member Frost suggested meeting on Saturday mornings as a backup plan. ADJOURNMENT F:IMINUTESIBUDGET AND BOND11-24-05 Draft 3.doc 7 '%.441 MOTION: Member Eichorn MOVED to ADJOURN the meeting at 8:25 p.m. Member Frost SECONDED the motion. Motion carried, 5-0. Respectfully submitted, Danielle Tanner Senior Office Specialist F:IMINUTESIBUDGET AND BOND11-24-05 Draft 3.doc 8 5 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: FEBRUARY 16, 2005 TO: HONORABLE MAYOR& COUNCIL FROM: Scott Nelson, Special Projects Coordinator SUBJECT: DISCUSSION/POSSIBLE ACTION REGARDING INITIATION OF A ANNEXATION MAP FOR APPROXIMATELY 960 ACRES OF UNINCORPORATED TERRITORY LOCATED NORTH AND WEST OF THE CURRENT TOWN LIMITS, THIS AREA IS KNOWN AS THE LA CHOLLA AIRPARK SUMMARY: Attached is a copy of request from the Chairman of the La Cholla Airpark long range planning committee, representing the property owners who own property in the unincorporated area of Pima County which lie north and west of the existing town limits, and near the Moore Rd. and Kingair Dr. intersection. lccording to the Town's current Annexation Policy these properties are within the Town's General Plan area and should be considered for annexation by the Town of Oro Valley. ATTACHMENTS: 1. Map of the proposed Annexation Area. 2. January 26, 2005 letter of request from LACP Chairman on behalf of the property owners. SUGGESTED MOTION: I move to grant the Town Manager authority to initiate the filing of an annexation map of 960 acres of unincorporated Pima County located north and west of the current town limits and near the Moore Rd. and KingairDr. intersection. .01eitt-oseededeeri Spl Projects Coordinator Town Manager C: Planning and Zoning Commission e 111r,77 _`.T'n ♦--t,',-, i• "A�"r- f e s;.,„'",r1' t I'",-1:1*""R'»;!r• >yS rF-'qa"• f� aS .$,`,l:f �.' ;8' y a b a ¢� t - rv: r :�` 'y4•,j "* r::. , , i ce• •+i• i < ,k i •+•/ ....1. .- i+irs'Or•,.l.L�i• . ,.•.+..r. d. .+,. �',•.�?.. si.♦.:: s,�..r:ti_-,:;.. �•: . v -'14.1.-',ie 3- ;R•'�V,r't ♦ �t. .�. :�+ ra ir � t'''QS�.-r.-�,a •�� •.dr 4a ,K. :, fJ {3 < + �..ir„� A `d � ,a+. �.^� �,,^: v. ,1a►t".Sv.�` ��: ��.-'-" r3'='4i" »:,.: 6t`�- fi {�" ?4►s, � ,yi*,a#;o-^.�. tRF .t+,. ,;�� }. ,,is! « ,;�(�• •. t_•.,r a:.,Y" „s,.. .:',$•:',..*` ri:,rky^r .E *•. +d.o ..^�: ♦, ro �-i�•�' w,c.��` i''�• r" v �,. `:�,. �.'sa 1ta 40 1`If' '17,••• •Y,,'tr` ,,' A; r.• lt'r r � •''[ , ,' .y a it •;,}. 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I t.. s •,t. .. *'• t *.IYY.,f'2".. r y • •• •w • 7,*''''..; *''' S • ,t ° ,. ' Pq, 1,*;* - •-- - *, •ter•,*' �♦ r s, i ro•° ., mitrAtia r 1 art•5 1t• • . >R r '. - . M b, �d 4 • ` • lissesrfi .. . - . • - \'�LEYq� opo boy' Th s map was produced by the Oro Va ley GIS Department Major Streets Oro Valley Parcels The data on the map represents the most cumentand accurate information available.Data is from Pima County GIS servlcas Streets n Pima County Parcels L a Cholla i r p a r k Department and the Town of Oro V Pley Planning 8 Zoning h and PubliFeb o1 ks 2 05 ariment. ter .• OV Town Limits I La Cholla Airpark Boundary a mn+► Iltrs • 4. '4111411011 ,Wedo."' .2 7!- .:.. ti...!:::7.- .._.,,:,...: : ._; ft0 ''' ''''..`'.....,.. 41W :::7:4 fpl La Cholla ier ----------„.....,, , �� ' --, ,� - Airpark, Inc. January 26, 2005 Mr. Paul Loomis Mayor of the Town of Oro Valley 11000 North La Canada Drive Oro Valley, Arizona 85737 Re: La Cholla Airpark Annexation Dear Mayor Loomis, At the direction of the Board of Directors of La Cholla Airpark, we are requesting that the Town of Oro Valley initiate annexation proceedings to incorporate the subdivision into the Town. This request is intended to save time and to facilitate the agreement on the proposed R1-305 zone, the Airport Overlay Zone and the Pre-Annexation Development Agreement. `4110 We look forward to working with the Town to resolve any outstanding issues and coming to a mutually agreed set of terms and conditions. Sincerely ‘, at, 4/, Alan Day Chairman of the Long Range Planning Committee La Cholla Airpark Cc: Mr. Scott Nelson Town of Oro Valley 11000 North La Canada Drive Oro Valley, Arizona 85737 Mr. David McEvoy McEvoy, Daniels & Darcy, P.C. J 1777 West Cessna Way Tucson, Arizona 85737 • Phone/Fax (520) 297-8096 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 16, 2005 TO: HONORABLE MAYOR& COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Consideration and Possible Approval of Ordinance No. (0) 05-09 Rescinding Ordinance Number (0) 00-20 and Amending Section 4-504 F.(8) Public Art Provisions of the Town Zoning Code. SUMMARY: On February 7, 2001, the Town Council formed the Public Arts Endowment Advisory Committee pursuant to Ordinance No. (0) 00-20 which directed that the Town create a public arts endowment fund in order to create a perpetual revenue source of revenue to fund meaningful public arts in Oro Valley. One source of funding was identified as developer contributions from the 1% for Art Program as identified in Ordinance No. (0) 00-19, Section 4-504 F.(8) of the Oro Valley Zoning Code Revised. ')n August 20, 2001, the Public Arts Endowment Advisory Committee received direction from the Council to 3tablish a community foundation or supporting organization to establish a permanent funding source for GOVAC and to develop an organization that would allow local residents and businesses the vehicle to make tax-exempt donations to a variety of charitable purposes serving the Oro Valley community. On November 6, 2002, the Council was notified that Oro Valley Endowment Fund was incorporated as a 501(c)(3) and 509(a)(3) non-profit charitable organization. Its mission statement is as follows: "The Fund supports GOVAC and other community organizations serving the Town, through the solicitation, administration and investment of funds. Its goal is to build long-term endowment for and also, make immediate awards in order to further the arts, cultural activities and other services that will enhance the lives of citizens for many years into the future." At that same meeting, the Council accepted the Public Arts Endowment Advisory Committee's recommendations and dissolved the Committee by way of Council Motion. The item you have before you explicitly recognizes the Oro Valley Endowment Fund as the organization responsible to create and administer arts endowments for the Town by rescinding Ordinance No. (0) 00-20 which will formally dissolve the Public Arts Endowment Advisory Committee. Modifications to Ordinance No. (0) 00-19 direct certain ranges of funding of the 1% for Public Arts funding to the Oro Valley Endowment Fund rather than the "Oro Valley Public Arts Endowment Fund". The Oro Valley Endowment Fund was established in lieu of the Oro Valley Public Arts Endowment Fund. 4TTACHMENTS: F:ICOUNCOM12-16-05 CC OVEF.doc TOWN OF ORO VALLEY _OUNCIL COMMUNICATION Page 2 of 2 1. Ordinance No. (0) 05-09 Rescinding Ordinance No. (0) 00-20 and Modifying Section 4-504 F.(8) Public Arts Provision of the Town Zoning Code 2. Council Communication—November 6, 2002 3. Council Communication—January 23, 2002 4. Ordinance No. (0) 00-19 5. Ordinance No. (0) 00-20 SUGGESTED MOTION: I move to approve Ordinance No. (0) 05- 09 . or I move to... 1 David Andrews, Finance Director Chuck Sweet, Town Manager F:ICOClNCOMI2-16-O5 CC OVEF.doc ORDINANCE NO. (0) 05 - 09 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, RESCINDING ORDINANCE NUMBER (0) 00-20, WHICH ADOPTED AMENDMENTS TO THE ORO VALLEY TOWN CODE, CHAPTER 6, AMENDING ARTICLE 6-1, ESTABLISHING A PUBLIC ARTS ENDOWMENT FUND AND RELATING TO AMENDMENTS OF THE ORO VALLEY ZONING CODE REVISED, CHAPTER 4, AMENDING SECTION 4-504 F. PUBLIC ART PROVISIONS; ESTABLISHING THESE AMENDMENTS AS PART OF THE ORO VALLEY ZONING CODE REVISED• PRESERVING RIGHTS AND DUTIES THAT HAVE ALREADY BEEN ASSURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER WHEREAS, on December 6, 1995, the Council approved Ordinance No. (0) 95-85, which adopted a certain document entitled "Oro Valley Town Code, Chapter 6, Building", as the sixth chapter of the official Town Code; and WHEREAS, on June 20, 2000, the Council approved Ordinance No. (0) 00-20, which adopted the amendment to the Oro Valley Town Code, Chapter 6, Article 6-1-6, Establishment of a Public Arts Endowment Fund; and WHEREAS, the Council has determined Chapter 6, Article 6-1-6 adopted by Ordinance No. (0) 00-20 is no longer an operative part of the Oro Valley Town Code; and WHEREAS, the Town Council approved Section 4-504 F, Public Art Provisions" as part of the Chapter 4 of the Oro Valley Town Zoning Code Revised (OVZCR); and WHEREAS, on June 7, 2000, the Town Council approved Ordinance No. (0) 00-19 to amend Chapter 4, Section 4-504 F, Public Art Provisions; and WHEREAS, Chapter 4, Section 4-504 F provides that all new commercial employment projects developments well as existingdevelo ments that propose 25% or more expansion and/or change in use shall contribute one percent (1%) of the building construction costs towards public arts projects; and WHEREAS, the Town deems it necessary to amend Chapter 4, Section 4-504 F (7) in order to enable fundingof Public Art by voluntary donation of the one percent (1%) for the arts to the Oro ValleyEndowment Fund, a support organization of the Town that has been incorporated as a nonprofit organization under Sections 501 (c) (3) and 509 (a) (3) of the 1986 Internal Revenue p g Code. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Oro Valley, Arizona that a certain documents, known as "The Oro Valley Town Code" and the "The - - - - -- • - - • - - ., ' - - - , Oro Valley Zoning Code Revised" is are hereby amended as follows: C:\Documents and Settings\dtanner\Local Settings\Temporary Internet Files\OLK51\Art Endowment.doc elect to contribute that portion of the 1% over $100,000 to the Oro Valley owner may Public Arts Endowment Fund or to anyspecifically approved art project in the arts fund or to an accredited art organization placing art within the boundaries of the Town. mayhave a small plaque not to exceed 80 square incheds in size identifying 9. Art projects p q the work, artist and contributors. SECTION 3. It has been determined that this Ordinance is a public record with three copies of said Ordinance to remain on file in the office of the Town Clerk. SECTION 4. All Oro ValleyOrdinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED Mayor byMa or and Town Council, the Town of Oro Valley, Arizona, this 16th day of February, 2005. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Acting Town Attorney C.\Documents and Settings\dtanner\Local Settings\Temporary Internet Files\OLK51\Art Endowment.doc SECTION 1. That Oro Valley Town Code, Chapter 6, Article 6-1-6 adopted by Ordinance No. (0) 00-20 is hereby rescinded. Zoning Code Revised. Chapter 4, Section 4-504 F (7) is amended to SECTION 2. Oro Valley Zo g read as follows, with additions beingshown in ALL CAPS and deletions being shown in Stfiliethfough text: F. Public Art Provisions 7. Public artwork: a. Shall be defined as art accessible to public viewing at least forty (40) hours each workweek. b. Shall be on-site, UNLESS DEVELOPER ELECTS TO DONATE THE 1% FOR THE ARTS AS PROVIDED IN SECTION 8 OF THIS SUBSECTION, and preferably on the exterior of the building. Art may be located within the building in a retail or hotel project,but not in an office project. c. Shall be permanently affixed. of the kinds of art projects to be considered as public artwork d. Examples p Include, but are not limited to: sculpture — freestanding, wall-supported or suspended; murals or paintings; earthworks, fiberworks, mosaics; and building features and fixtures, like bike racks, benches, fountains or shade screens, produced areunique and/or in limited editions by an artist. A portion of . 1% mayalso be used to construct performing art facilities used for and by the the public for the promotion and production of the arts. e. The following generally enerall are not considered to be art, and, therefore, should not be offered d to satisfythe requirements of this ordinance: ordinary directional or graphics as such a hics or color-coded location indicators; mass-produced or standard "off-the-shelf' playground equipment, fountains, or statuary; most art reproductions; ordinary landscaping,ing, which normally would be associated with the project; and the services or utilities necessary to operate or maintain artworks over time. 8. For ALL commercialprojects ects where the total building construction cost is $500,000 or � owner/DEVELOPER mayelect to contribute the 1% ($5,000) to the Oro Valley less, the Endowment Fund or anyspecifically approved art project in the art fund or to Public Arts p , joint art ro'ect lanned for the development that contains the contributor s an approved project p building ortg to an accredited art organization placing art within the boundaries of the Town. For commercial projects where the building construction cost is $10,000,000 or more, the � C:\Documents and Settings\dtanner\Local Settings\Temporary Internet Files\OLK5I\Art Endowment.doc 1"7":"' TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 6, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Public Arts Endowment AdvisoryCommittee — Final Report to the Town Council SUMMARY: On February 7, 2001 the Oro ValleyTown Council appointed five people to the Public Arts Endowment Advisory Committee: Mr. Dick Eggerding Ms. Wendy Timm Mr. Buzz Dolsberry Sister Lauren Moss David Andrews, Staff Support The committee held several meetings over the following year to discuss the possibility of establishing lida g tax-exempt, charitable organization to serve the Oro Valley community. On January 23, 2002 the recommendation, approved with the Committee's a letter of engagement between London • Town to provide consultant services for the formation, administration, Pacific Advisors, Inc. and the investment Oro su supporting organization for the arts. Committee members and of anValley pp g and staff worked closely with the consultant since that time to establish this organization. This evening we are please to inform the Council that the Oro Valley Endowment Fund has been incorporated as a 509(a)(3) non-profit charitable organization. Its mission statement according to its by-laws is as follows. The Fund supports GOVAC and other community organizations serving the Town, through the solicitation, administration and investment of funds. Its goal is to build long- term endowment for and also, make immediate awards in order to further the arts, cultural activities and other services that will enhance the lives of citizens for many years into the future." With the completion of this incorporation, longer oration it is no lon er necessary for the continued existence of the Public Arts Endowment Advisory Committee. Therefore, staff is recommending that the Council p move to accept this as a final committee report and dissolve the committee. Staff will continue to work closely I with the Board of Directors of the Oro Valley Endowment Fund and London Pacific Advisors to complete the following tasks: , TOWN OF ORO VALLEY 1 COUNCIL COMMUNICATION PAGE 2 OF 2 010 • Internal Revenue Service approval of Fund's tax-exempt status • Contractual agreement between the Town and the Fund related to the 1% for Public Arts contributions • Possible Town Code changes related to the 1% for Public Arts • Develop administrative and investment policies and procedures for the Fund All future meetings related to these issues will be held under the auspices of the Oro Valley Endowment Fund. Under the corporate by-laws, the Town's Finance Director is a board member and will facilitate the relationship between the Corporation and the Town. ATTACHMENTS: 1. Articles of Incorporation of the Oro Valley Endowment Fund 2. By-Laws of the Oro Valley Endowment Fund SUGGESTED MOTION: I move to accept the final report of the Public Arts Endowment Advisory Committee and dissolve the committee. or I move to . . . I iu, . (7R . 66,4,4.0,../1----- David L. Andrews Finance Director 4,.-:- y V i �y 5... ...6y,L Chuck Sweet Town Manager TOWN OF ORO VALLEY OUNCIL COMMUNICATION MEETING DATE: January 23, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Consideration and Possible Approval of a Letter of Engagement between London Pacific Advisors and the Town of Oro Valley on Behalf of the Oro Valley Public Arts Endowment Advisory Committee and Amending the Town Budget SUMMARY: Town Council was provided with a status report regarding the activities of the Public Arts The Endowment AdvisoryCommittee (PAEAC) at a study session on August 20, 2001. One of the . objectives of that discussion was to receive direction from the Council in regard to the Town's desire to establish communityfoundation or supporting organization. The fundamental reason for a a pursuing these broader options would be to establish a permanent funding source for GOVAC and to develop an organization anization that would allow local residents and businesses the vehicle to make tax- g tax- exempt donations to a variety of charitable purposes serving the Oro Valley community. he general direction received from Council was for the committee to proceed with its research g arding the establishment of such an organization. At September Se tember 27 meeting of the PAEAC a presentation was made by Mr. Bill McMorran and Mr.Brian Murphy of London Pacific Advisors regarding consultant services for the formation, administration and investment activities of an Oro Valley supporting organization for the arts. This organization would be established as a tax exempt, non-profit organization. It was the PAEAC's unanimous recommendation that the Town retain the services of London Pacific Advisors to facilitate the formation of the supporting organization. itemyou have before you for consideration is a Letter of Engagement to hire London Pacific The i e Advisors as consultants to the Town for the development of an arts-related supporting organization. The scope of work, tasks, timeframe and fees are outlined in the agreement. The $10,000 in consulting fees would be funded by a transfer from the General Fund contingency to the General Administration's "outside professional services" line item. The Town Attorney has estimated an additional $3,500 in costs for outside legal fees. These fees would be absorbed within the Legal Department's existing budget. ATTACHMENTS: 1Y . Letter to Mayor and Council from Dick Eggerding, on behalf of the Oro Valley Public Arts Endowment Advisory Committee Letter of Engagement ement between the Town of Oro Valley and London Pacific Advisors, Inc.Minutes from Town Council's August 20, 2001 Study Session 4. Ordinance No. (0)00-20 Establishing a Public Arts Endowment Fund TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 STAFF RECOMMENDATION: approval of the Letter of Engagement. Staff also advises that certain sections of Staff recommends the Town Code related to the establishment of a public arts endowment fund may potentially need to be modified in the future re to accommodate the Town's direction towards the development of a supporting organization. SUGGESTED MOTION: I move to approve the Letter of Engagement a ement between the Town of Oro Valley and London Pacific Advisors, Inc. and amend the Town budget to provide funding in an amount of $10,000 from the General Fund contingency. or I move to continue this item to a future study session on • David L. Andrews Finance Directo /i, .. ,. .AL, huckSw=-t Town Manager ORDINANCE NO. (0)00-19 AN ORDINANCE OF THE TOWN OF ORO VALLEY,ARIZONA, RELATING TO AMENDMENTS OF THE ORO VALLEY ZONING CODE REVISED,CHAPTER 4,AMENDING SECTION 4-504 F. PUBLIC ART PROVISION; ESTABLISHING THESE AMENDMENTS AS PART OF THE ORO VALLEY ZONING CODE REVISED,AND FIXING THE EFFECTIVE DATE THEREOF; PRESERVING RIGHTS AND DUTIES THAT HAVE ALREADY BEEN ASSURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER. BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. Oro Valley Zoning Code Revised,Chapter 4, amending Section 4-504 F.,Public Art Provision,is hereby amended to read: CHAPTER 4 SUBDIVISIONS AND DEVELOPMENT PLANS ARTICLE 4-5 DEVELOPMENT PLAN Sec.4-504 Contents; Identification and Description All development plan submittals shall contain the following: F. Public Art Provisions 1. All new commercial employment related projects, as well as all existing developments that propose 25% or more expansion and/or change in use shall contribute 1% of the building construction cost towards public arts projects. 2. A note shall be included on the development plan that states that the applicant shall be responsible for allocating 1% of the cost of all private projects to provide funding for public art. 3. Public Art Review Committee a. The Public Art Review Committee shall be composed of 3 to 5 members, appointed, by the Planning and Zoning Administrator. Members shall include at least one (0)00-19 p.2 artist, one architect, and one private citizen. b. A color rendering or model shall be reviewed by PARC, and a recommendation for the design and location shall be sent to the Town Council for their approval. c. Thep ublic art must be approved by the Town Council within 90 days of the issuance of a building permit. 4. All financial arrangements are negotiated between the developer and the artist(s) and should be verified in a written agreement. Copies of the signed contracts between the developer and the artist(s) shall be submitted to the Town of Oro Valley Planning and Zoning Administrator for certification as complying with the dollar amount prior to issuance of the Certificate of Occupancy. Completion of the artwork is required before a Certificate of Occupancy may be issued. 5. The installation of the artwork will be done in a manner that will protect the artwork and the public. Continued maintenance of the artwork shall be the responsibility of the owner_ 6. Individual owners within a commercial center are encouraged to contribute to a coordinated artPro'Ject for the entire center. Art shall be constructed upon the completion of 50% of the commercial center based on the approved development plan. 7. Public artwork: a. shall be defined as art accessible to public viewing at least forty (40) hours each workweek. on-site • and preferablyon the exterior of the building. Art may be located b. Shall be within the building in a retail or hotel project, but not in an office project. c. Shall be permanently affixed. d. Examples of the kinds of art projects to be considered as public artwork include, but are not limited to: sculpture—freestanding, wall-supported or suspended; murals or paintings; earthworks, fiberworks, mosaics; and building features and fixtures, like bike racks, benches, fountains or shade screens, which are unique and/or produced in limited editions by an artist. A portion of the 1% may also be used to construct performing art facilities used for and by the public for the promotion and production of the arts. e. The following generally are not considered to be art, and, therefore, should not be offered to satisfy the requirements of this ordinance: ordinary directional or standard such as graphics or color-coded location indicators; mass-produced or standard"off-the-shelf' playground equipment, fountains, or statuary; most art reproductions; ordinary landscaping, which normally would be associated with the project; and the services or utilities necessary to operate or maintain artworks over time. Ord. (0)00-19 p.3 8. For commercial projects where the total building construction cost is $500,000 or less, the owner may elect to contribute the 1% ($5,000) to the Oro Valley Public Arts Endowment Fund or any specifically approved art project in the Art Fund or to an approved joint art project planned for the development that contains the contributor's building. For commercial projects where the building construction cost is$10,000,000 or more, the owner may elect to contribute that portion of the 1% over $100,000 to the Oro Valley Public Arts Endowment Fund or to any specifically approved art project in the Arts Endowment Fund. 9. Art projects may have a small plaque not to exceed 80 square inches in size identifying the work, artist, and contributors, SECTION 2. All ordinances and parts of ordinances in conflict with provisions of this ordinance or any part of the amendments to the Oro Valley Zoning Code Revised adopted herein by reference are hereby repealed on the effective date of this ordinance. SECTION 3. Repeal of all ordinances and parts of ordinances in conflict with the provisions set forth herein or any part of the amendments to the Oro Valley Zoning Code Revised adopted herein by reference does not affect rights and duties that have matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 4. If any section , subsection, sentence, clause, phrase or portion of the ordinance or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 7`h day of June 2000. Paul H. Loomis,Mayor ATTEST: ("2. CuptijA.,i___ Kathry uvelier,Town Clerk APPROVED AS TO FORM: / t4.1 Dan L.Dudley,Town Attorn PUBLISH: Daily Territorial June 15, 16, 19, & 20, 2000 POSTED: June 13 - July 12, 2000 rg DEVELOPMENT PLAN Sec. 4-504 F. Public Art Provisions 1. Ali new commercial employment related projects, as well as all existing developments that propose 25% or more expansion and/or change in use shall contribute 1% of the building construction cost towards public arts projects. 2. A note shall be included on the development plan that states that the applicant shall be responsible for allocating 1% of the cost of all private projects to provide funding for public art. 3. Public Art Review Committee a. The Public Art Review Committee shall be composed of 3 to 5 members, appointed by the Planning and Zoning Administrator. Members shall include at least one artist, one architect, and one private citizen. b. A color rendering or model shall be reviewed by PARC, and a recommendation for the design and location shall be sent to the Town Council for their approval. c. The public art must be approved by the Town Council within 90 days of the _issuance of building permit. 4. All financial arrangements are negotiated between the developer and the artist(s) and should be verified in a written agreement. Copies of the signed contracts between the developer and the artist(s) shall be submitted to the Town of Oro Valley Planning and Zoning Administrator for certification as complying with the dollar amount prior to issuance of the Certificate of Occupancy. Completion of the artwork is required before a Certificate of Occupancy may be issued. 5. The installation of the artwork will be done in a manner that will protect the artwork and the public. Continued maintenance of the artwork shall be the responsibility of the owner. Individual owners within a commercial center may are encouraged to contribute to a major ice of off- coordinated art project for the entire center. Art shall be constructed upon the completion of 50% of the commercial center based on the approved development plan. 7. Public artwork: a. shall be defined as art accessible to public viewing at least forty (40) hours each workweek. b. Shall be on-site and preferably on the exterior of the building. Art my be located within the building in a retail or hotel project, but not in an office project. c. Shall be permanently affixed. Oro Valley Zoning Code Revised (Rev.9/99) 4-37 Sec. 4-504 DEVELOPMENT PLAN d. Examples of the kinds of art projects to be considered as public artwork include, but are not limited to: sculpture—freestanding, wall-supported or suspended; murals or paintings; earthworks, fiberworks, mosaics; and building features and fixtures, like bike racks, benches, fountains or shade screens, which are unique and/or produced in limited editions by an artist. A portion of the 1°/0 may also be used to construct performing art facilities used for and by the public for the promotion and production of the arts. e. The following generally are not considered to be art, and, therefore, should not be offered to satisfy the requirements of this ordinance: ordinary directional or standard such as graphics or color-coded location indicators; mass-produced or standard"off-the-shelf" playground equipment, fountains, or statuary; most art reproductions; ordinary landscaping, which normally would be associated with the project; and the services or utilities necessary to operate or maintain artworks over time. 8. For commercial projects where the total building construction cost is $500,000 or less, the owner may elect to contribute the 1% ($5,000) to the Oro Valley Public Arts Endowment Fund or any specifically approved art project in the Arts Endowment Fund or to an approved joint art project planned for the development that contains the contributor's building. For commercial projects where the building construction cost is $10,000,000 or more, the owner may elect to contribute that portion if the 1% over $100,000 to the Oro Valley Public Arts Endowment Fund or to any specifically approved art project in the Arts Endowment Fund. 9. Art projects may have a small plaque not to exceed 80 square inches in size identifying the work, artist, and contributors. (Rev.9/99) Oro Valley Zoning Code Revised 4 -38 i c r ' ORDINANCE NO. (0)00- 20 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, RELATING TO AMENDMENTS TO THE ORO VALLEY TOWN CODE, CHAPTER 6, AMENDING ARTICLE 6-1, ESTABLISHING A PUBLIC ARTS ENDOWMENT FUND, DEFINING THE PURPOSE AND FUNCTION OF THE FUND, ESTABLISHING HOW THE FUND WILL BE MANAGED AND MAINTAINED, CREATING A PUBLIC ARTS ENDOWMENT ADVISORY COMMISSION TO REVIEW AND MONITOR PROJECTS FUNDED; ESTABLISHING THESE AMENDMENTS AS PART OF THE ORO VALLEY TOWN CODE, AND FIXING THE EFFECTIVE DATE THEREOF; PRESERVING RIGHTS AND DUTIES THAT HAVE ALREADY BEEN ASSURED AND PROCEEDING THAT HAVE ALREADY BEGUN THEREUNDER BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. Oro Valley Town Code, Chapter 6, Article 6-1, Section 6-1-6, is hereby amended to read: CHAPTER 6 BUILDING ARTICLE 6-1 BUILDING CODE Section 6-14 ESTABLISHMENT OF A PUBLIC ARTS ENDOWMENT FUND A. The Town Council shall create a Public Arts Endowment Fund. The purpose of this endowment is to create perpetual source of revenue to fund meaningful public arts in Oro Valley. Meaningful public arts would include arts education. arts performance areas, arts performance, art works and sculptures, and other arts deemed appropriate. Contributions to the fund will come from the following sources: (0)00-20 p.2 1. Contributions from developer projects as described in Chapter 4 Section 4- 504 F. (8) of the Oro Valley Zoning Code Revised. 2. Any other contribution or donation from a person, group. organization or business specifically earmarked for the Public Arts Endowment Fund. B. The Town shall select a fund administrator to manage the Public Arts Endowment Fund. 1. An Endowment Fund Agreement between the Town and the fund administrator shall be approved and shall define specific guidelines for the administration and expenditure of funds. 2. The balance of funds shall not be less than the total in-lieu-of contribution to date unless a major art project is approved by the Town Council. 3. Individual one-time expenditures shall not reduce Endowment principal by more than 25%, nor 25% of total to-date contributions, which ever is less. 4. Approved projects will not be initiated and contracts with artists will not be approved until 100%of the funds necessary to complete the project are in the Arts Endowment Fund. 5. Interest earnings from the Endowment Fund may be used to fund budgetary requests from the Greater Oro Valley Arts Council (GOVAC) and other Town Council approved Arts projects. C. A Public Arts Endowment Advisory Commission (PAEAC) shall be established by the Town Council and shall be comprised of one member from Town of Oro Valley staff. one member from GOVAC, one active artist, one arts fund administrator, and one Oro Valley citizen. 1. The PAEAC shall receive and review all project proposals which request funding from the Public Art Endowment Fund. 2. The PAEAC shall forward all recommended projects to the Town Council for final Funding approval. 3. The PAEAC shall develop criteria, policies and procedures for project submittal and approval. SECTION 2. All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the amendments to the Oro Valley Town Code adopted herein by reference are hereby repealed on the effective date of this ordinance. SECTION 3. Repeal of all ordinances and parts of ordinances in conflict with the provisions set forth herein or any part of the amendments to the Oro Valley Town Code adopted herein by reference does not affect rights and duties that have matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. (0)00-20 p.3 SECTION 4. If any section, subsection, sentence, clause, phrase or portion of the ordinance or any part of the code adopted herein by reference is for any reason held _ to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 7t' day of June 2000. // Paul H. Loomis, Mayor ATTEST: Kat1-4n Cuvelier, Town Clerk APPROVED AS TO FORM: 4111111 .AL ./ - Dan L. Dudley, Town qoiv PUBLISH: Daily Terr" orial June 15, 6, 19, & 20, 2000 POSTED: June 13 - July 12, 2000 rg z TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 16, 2005 TO: HONORABLE MAYOR & COUNCIL FROM: Steven Faaborg, Senior Civil Engineering Technician SUBJECT: Ordinance No. (0)05-10 , an Ordinance of the Town of Oro Valley, Arizona, relating to the establishment of rules of use pertaining to the various shared use paths. SUMMARY: The Town of Oro Valley has constructed paths within the rights-of-way of Lambert Lane, Naranja Drive and Tangerine Road for the use of pedestrians, joggers and bicyclists. These paths have proved to be immensely popular with the public and are heavily used. It is the intention of the Town to add such paths to future roadway projects where feasible. The proposed Ordinance would prohibit the use of motorized vehicles on the paths with the exception of designated areas for the use of golf carts. These designated areas would allow golf carts to use Shared Use Path facilities to safely cross major streets. ATTACHMENTS: Ordinance (0)05- 10 , Article 10-1-3, Shared Use Paths FISCAL IMPACT: None RECOMMENDATIONS OF STAFF: The Department of Public Works and the Oro Valley Police Department support the approval of this ORDINnrtcE. SUGGESTED MOTION: I move to adopt Ordinance No. (0)05- 10 or I move to deny Ordinance No. (0)05- 10 o'f , 2 Danny Sharp, Oro alley Chief of police William A. Jansen, P.E., n Engineer / { , • Chuck Sweet, Town Manager ORDINANCE NO. (0)05- 10 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, RELATING TO THE ESTABLISHMENT OF RULES OF USE PERTAINING TO THE VARIOUS SHARED USE PATHS; ADDING ORO VALLEY TOWN CODE SECTION 10-1-3; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER. WHEREAS, the Town of Oro Valley has constructed and continues to construct Shared Use Paths ("Paths") within Town public Rights-of-Way; and WHEREAS, the Town's Paths are vigorously used; and WHEREAS, the Town deems it necessary and in the best interest of the residents of the Town to add 10-1-3, Shared Use Paths, to provide Path rules and to preserve the peace, health, safety and welfare of Path users; and NOW, THEREFORE, BE IT ORDAINED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AS FOLLOWS: SECTION 1. That "Section 10-1-3, Shared Use Paths" of the Oro Valley Town Code, three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, is hereby referred to, adopted, and made part hereof as if fully set out in this Ordinance. SECTION 2. Pursuant to ARS § 41-1346, the Town shall maintain efficient record management for local public records and it has been determined that this Ordinance is a public record with three copies of said ordinance to remain on file in the office of the Town Clerk. SECTION 3. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this l6thday of FEBRUARY, 2005. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Town Attorney Date Date 0 Article 10-1 Section 10-1-3 Shared Use Paths Section 10-1-3 Driving on Shared Use Path It shall be unlawful to operate a motorized vehicle on the shared use paths at any time and for any reason except for Golf carts and registered neighborhood vehicles as defined by the State of Arizona in signed designated areas. Use of the vehicles beyond posted limits is prohibited.