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**AMENDED (05/04/04, 4:00 P.M.) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION MAY 05, 2004 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 6:00 PM 1. Pursuant to ARS 38-431.03(A)(3) discussion and consultation with the Attorneys for the Town regarding the Oracle Road Improvement District 2. Pursuant to ARS 38-431.03 (A)(7) Discussion regarding the purchase or lease of real property for Town Facilities RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS — TOWN MANAGER The Mayorand Council consider and/or take action on the items listed may 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 mayask 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 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. 1 . CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 04/07/04; 04/12/04; 04/21/04 B. Budget & Bond Committee Report to Council for the quarter ended March 31 , 2004 C. Resolution No. (R)04-39 Authorizing and approving an acquisition agreement with Vistoso Partners, LLC to purchase property for the reclaimed water reservoir and booster station 05/05/04 Agenda, Council Regular Session 2 D. Resolution No. (R)04-40 Approving and authorizing an Intergovernmental Agreement between the Town of Oro Valley and Pima County Free Library District for provision and payment of Library Services for fiscal year 2003/2004 E. Resolution No. (R)04-41 Providing Notice of Intent to increase water Rates, Fees and Charges for the Oro Valley Water Utility — Public Hearing to be held at 7:00 p.m. on June 16, 2004 2. PRESENTATION OF STATUS OF RECLAIMED WATER SYSTEM PROJECT 3. RESOLUTION NO. (R)04-38 AUTHORIZING AND APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND PIMA COUNTY FOR THE IMPLEMENTATION OF THE 2004 PIMA COUNTY BOND ISSUE PROJECT FUNDING (CONTINUED FROM APRIL 21, 2004) 4. RESOLUTION NO. (R)04-42 AUTHORIZING THE TOWN ATTORNEY TO FILE A CONDEMNATION ACTION TO ACQUIRE A TEMPORARY CONSTRUCTION EASEMENT OVER A PORTION OF THE FRY'S SHOPPING CENTER PROPERTY LOCATED AT 10661 N. ORACLE ROAD IN ORO VALLEY, PIMA COUNTY PARCEL NUMBER 220-09- 0230, TO FACILITATE CONSTRUCTION UNDER THE ORACLE ROAD IMPROVEMENT DISTRICT AND DECLARING AN EMERGENCY TO EXIST 5.**RESOLUTION NO. (R)04-15 ENCOURAGING DEVELOPERS AND HOME BUILDERS TO MEET WITH THE AMPHITHEATER SCHOOL DISTRICT Explanation: A study session to discuss this issue was held on March 29, 2004. TOWN MANAGER'S REPORT COUNCIL REPORTS DEPARTMENT REPORTS CALL TO AUDIENCE — At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. ADJOURNMENT 05/05/04 Agenda, Council Regular Session 3 POSTED: 04/28/04 AMENDED AGENDA POSTED: 05/05/04 4:30 p.m. 4:00 p.m. lh lh When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00 p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk's Office at 229-4700. INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION MAY 05, 2004 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 6:00 PM 1. Pursuant to ARS 38-431 .03(A)(3) discussion and consultation with the Attorneys for the Town regarding the Oracle Road Improvement District 2. Pursuant to ARS 38-431.03 (A)(7) Discussion regarding the purchase or lease of real property for Town Facilities RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS — TOWN MANAGER The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE — At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 04/07/04; 04/12/04; 04/21/04 B. Budget & Bond Committee Report to Council for the quarter ended March 31, 2004 C. Resolution No. (R)04-39 Authorizing and approving an acquisition agreement with Vistoso Partners, LLC to purchase property for the reclaimed water reservoir and booster station 05/05/04 Agenda, Council Regular Session 2 D. Resolution No. (R)04-40 Approving and authorizing an 'Amid Intergovernmental Agreement between the Town of Oro Valley and Pima County Free Library District for provision and payment of Library Services for fiscal year 2003/2004 E. Resolution No. (R)04-41 Providing Notice of Intent to increase water Rates, Fees and Charges for the Oro Valley Water Utility — Public Hearing to be held at 7:00 p.m. on June 16, 2004 2. PRESENTATION OF STATUS OF RECLAIMED WATER SYSTEM PROJECT 3. RESOLUTION NO. (R)04-38 AUTHORIZING AND APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND PIMA COUNTY FOR THE IMPLEMENTATION OF THE 2004 PIMA COUNTY BOND ISSUE PROJECT FUNDING (CONTINUED FROM APRIL 21, 2004) 4. RESOLUTION NO. (R)04-42 AUTHORIZING THE TOWN ATTORNEY TO FILE A CONDEMNATION ACTION TO ACQUIRE A TEMPORARY CONSTRUCTION EASEMENT OVER A PORTION OF THE FRY'S SHOPPING CENTER PROPERTY LOCATED AT 10661 N. ORACLE ROAD IN ORO VALLEY, PIMA COUNTY PARCEL NUMBER 220-09- 0230, TO FACILITATE CONSTRUCTION UNDER THE ORACLE ROAD IMPROVEMENT DISTRICT AND DECLARING AN EMERGENCY TO EXIST TOWN MANAGER'S REPORT COUNCIL REPORTS DEPARTMENT REPORTS CALL TO AUDIENCE — At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 04/28/04 4:30 p.m. Ih 05/05/04 Agenda, Council Regular Session 3 Whenp a packet acket of agenda materials as listed above is available for %110 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. — 5:00 p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk's Office at 229-4700. INSTRUCTIONS TO SPEAKERS Members of thep ublic have the right 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 complete a speaker card located on the Agenda table at the back of the room andg ive it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. IWO 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 APRIL 07, 2004 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:03 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Werner Wolff, Vice Mayor q;:r Paula Abbott, Council Member rr ;ffy Dick Johnson, Council Memb . " %.:; ,r.i v }Yi. Bart Rochman, Council Me ', G.'•,.ii.i:.,_. PLEDGE OF ALLEGIANCE7,7P- -As!, 1 .i2:is/ yv: ::":-;.,.. lri:rr:{ Mayor Loomis led the audience in the Pledge of Ailtg,„;4.91;,;:f:,,, Vire 14. UPCOMING MEETING ANNOUNCv. r�%: T: S 4 Y ,:..'..:;yiyY r r Town Manager Chuck Sweet reviewed t and events. He also l� .� ' ''•pollingplace" election in announced that the upcoming General Ele •e . J"r'.�' conjunction with the Pima C�;. '' 'nd El � : - therefore, any citizens who wish to •'J ry fes.: f . �'Jr vote early will need to re. ?: � /an Balls J.: XrYffSp��-.L/ ✓:Y'h.:.h.-J/ Mayor Loomis announc- t : f f�.ringfor Item 6 was previouslyheld ong; ,,;�: • ', �� uld allow two people in favor of the item and two March 15, 2 004, th:�r� ore -:� - ' p p ?:;i: �::%r- l'hY f•:' people against ��f ' r •et- jf. • '41"„ "-Ift CALL TO'4: ElIENCE '4,ge lifkA tt) '. . W stated that the Copper Spring Terry Parish, J6J l ; p y, pp p g Trail issue should serve as a warning :. f Town is growing faster than the Police Department. He stated that we should learn 1- sons from the City of Tucson and Pima County in that we can not afford to let crime establish a foothold in Oro Valley. He encouraged the Town to set up a Community Response Team and said that the Town needs to do what it takes to keep the Town a safe place. Helen Dankwerth, 11515 N. Flying Bird Drive, stated that some of her comments would reference some of Karen Rogers' (who could not attend tonight's meeting) concerns regarding generalized commercial development in Oro Valley. Ms. Dankwerth reminded the Council that their primary task was to best serve the community rather than to sell disputed projects by underestimating costs to the Town or giving away proceeds. She urged the Council to delay approval of any upcoming retail centers until such time that a 04/07/04 Minutes,Council Regular Session 2 "big box" ordinance is proposed and approved by the voters, that explicit written statements of intent were provided by the developers regarding adherence to lighting, sign codes and current design standards. She also stated that incentives were becoming the norm rather than the exception. She asked that the Council never make "rush" judgments but instead, consider a well thought out and wise plan of action. Robert McMillin, 343 W. Meadowbrooke Drive, commented that CDO students are using the streets in their neighborhood as a parking lot. He stated that they are leaving trash on the roads, driving recklessly and parking wrong along the roads. He asked that the Town help the neighbors get signs placed to prevent parking along Meadowbrooke Drive. Richard Feinberg, 1451 E. Triton Place stated that he did not agre; ,•;'th the direction 7 , J� Town Council took regardingAm hitheater School Di ' ` and SAHBA. He that that p stated that the School District was not getting enough money;/ ''� additional schools �� �` ,z"�n, for 1 e i sl ati on for children in Oro Valley, and the Town should take the l-�'r' ;;; g g for a realistic solution for our crowded schools. He sta :X hat child ` suld not be bussed out of the Town. Mr. Feinberg said that eac //43M%y had a respo ' ;pity when it comes to this matter and the Town should be at t :Jo efro r,, ; this issue i gathering support from other municipalities to change the ; ; 6 `` -y distribution by the Board of Supervisors. He asked that the Council work to s.sev$0,10e problem. Fran LaSala, 12530 Nn. Wayfarer Way, '. -:r• the iry '-r Oro Valley Arts Council (GOVAC) and the Town on the es ; / ;J , 1 and Music Festival. He then stated that he was committed to the Town' . r whatgoes on in Oro Valley. l'4'-',1: a Y He said that he believed that � y , cil wi ;� " e right thing when it comes to Economic Development •f elk—, it d � •.apers. 10503 ." `� .7 $- h ,,made reference to a new small business in Corny Culver, Oro Valleyand stat-f•.that 0l.usiness in Oro Valley face many obstacles. Yet in contrast the T � y���n ck FJ •�r developments and offers to subsidize them when M ��l"�. theyhave - ' ; rove c4 f ey ?°`a benefit the community. She stated that Oro Valley's s , ;rusinesses �Jk, 100% of their sales tax to the Town and if we can't extend y �� �: a helping han' . , e citiz- , and small business owners in Oro Valley, why are the taxpayers being 6` !. ;- sidize million dollar corporations? %F y7 v Council Member Abbtt asked that staff get back to Mr. McMillin on the parking issues in his area and that the "big box" ordinance issue be placed on a future agenda. 1. CONSENT AGENDA At the request of Council Member Johnson, Item D was removed from the Consent Agenda and at the request of Council Member Abbott, Item K was also removed. MOTION: Council Member Johnson MOVED to APPROVE the Consent Agenda with the exception of Items D and K. Council Member Abbott SECONDED the motion. Motion carried, 5 -0. 04/07/04 Minutes,Council Regular Session 3 A. Minutes— 03/03/04; 03/08/04; 03/15/04; 03/17/04 B. Acceptance of the Annual Update of the Oro Valley Public Library's "Planning for Results" Report C. Acceptance of the Oro Valley Water Utility Commission Annual Report dated April 2004 D. Resolution No. (R)04-22 Accepting bid and award of contract to Southern Arizona Paving & Construction Co. in the amount of$657,913.38 for the La Cholla/Tangerine Road Intersection Improvements, Project No. OV 30 02/03 14 (PULLED FOR DISCUSSION) E. Resolution No. (R)04-23 Accepting bid and award of contract to Pima Paving, Inc. in the amount of$146,265.52 for the Ranc' , eliz Subdivision Overlay Pavement Rehabilitation, Project No. OV : ~"5s2 24 F. Resolution No. (R)04-24 Award of contract to 3• 7 rin & Environmental Consultants Inc. in the amount `6' 8/ p1, !f�10 for r professional engineering services for Canads 1 Oro Sh:f , se Path (levee walk): from La Canada Drive to First Ave ~ Phase I, Sco• � ocument%- to DCR and 30% construction plans and .: t f cat• G. Resolution No. R)04-25 Authorizin - oviq I anager to execute a Highway Expansion & Extension Loan ' . (HELP) Loan Repayment Agreement with the State of • ;• o a for the oan of the La Canada 4i/N ���7iC r Road Extension Project froi 'fig � i'•µ 'oad t',:1441 sore Road No• OV 30 id .v.r�nY• /.: yKf vy Y 00/01 09 ri� �1$;/r S/fir Y Y A R 04-26 Au 4 `"`�.; e " ease of the Town's right(s)Resolution No. ( to a) public utility ease . n/.4' Lot 1 '; '" istoso Ridge, a subdivision of record in the Office oft n :F t,vcorde f°H r'ma County, Arizona in Book 53 ofMaps and Plats at ' ",•�a 58 t • • the 'ner of record .�i rtrdy�r ,pr itf.cn�'N��`F;Cl1f y . I. Resolution•th : E '144,6 :a .ung and Authorizing the execution ofa contrac 9 T. ,r Associates to provide professional services to the ..�. B` r. r'i n` �Y/! To i �L 1 Q Sa - � 1 ivision) �v. +R X fJjfN nY) is �..6r/%i..,rp/, r.-. J. Resoz'ution J: .:R 0-,N./f : Approving and Authorizing the execution of a ' tact with *art Peterson Powers Associates to provide professional se11‘/;' „.:to the JO, n (Building Safety Division) K. Reso )04-29 Declaring proposed revisions to the Oro Valley Zoning u -`f... 4 evised that include Chapter 8 Commercial District �f�•. Regulatio ``', Chapter 9 Development Standards for non-residential uses, a public record (PULLED FOR DISCUSSION) L. OV5-04-02 Approval of public art for the Arrowsmith Professional Office and Medical Complex, located on the southwest corner of Rancho Vistoso Boulevard and Arrowsmith Drive M. Appointment of Ralph Stein as the Town's new primary representative to the Pima County Flood Control District Advisory Committee D. RESOLUTION NO. (R)04-22 ACCEPTING BID AND AWARD OF CONTRACT TO SOUTHERN ARIZONA PAVING & CONSTRUCTION CO. IN 04/07/04 Minutes,Council Regular Session 4 THE AMOUNT OF $657,913.38 FOR THE LA CHOLLA/TANGERINE ROAD INTERSECTION IMPROVEMENTS, PROJECT NO. OV 30 02/03 14 Council Member Johnson stressed the importance of the realignment of the north and south bound La Cholla/Tangerine intersection. He asked Town Engineer Bill Jansen for an update on the timing of the project. M . Jansen reported that once the contract is approved, they would start construction in about 45 days and it would take approximately four(4) months to complete the project. MOTION: Council Member Johnson MOVED to APPROVE Resolution (R)04-22. Council Member Abbott SECONDED the motion. Motion carried,v} ;: 0. K. RESOLUTION NO. (R)04-29 DECLARING PROP? ;, °`. EVISIONS TO ,,�:: ..... THE ORO VALLEY ZONING CODE REVISED THAyrr: .fi;�.a.: . ). CHAPTER 8 COMMERCIAL DISTRICT REGULATIONS, CH ,.F R 9 D 4:Vii n OPMENT STANDARDS FOR NON-RESIDENTIAL USES71,,M1'' BLIC REC ,.., O ' gvicLa,,e, ` ha ter 9 Council Member Abbott requested that a version :: 1N: and Chapter including the strikeouts be made available in the Town Hall to � V`" `d at the Library so residents .�. could see what changes are being proposes y ; 7!J! J.f; J f�Jf f%ll/af yam': •�L:^�' v, Resolution (R)04-29, OV7- MOTION: Council Member Abbott M i D � Sf��A 01-09, declaring proposed revisions to the ,.y ,° �zey ing Code Revised that include Chapter 8 Commercial Distri ,.'6f; ations ,f .ter 9 Development Standards for Non- Residential Uses, as a pubs . rq{k o I ounci� tuber Rochman SECONDED the motion. Motion carries ° 0. r , rs�� fs { , // L.yyv i",,,A,40 OF DE 'ARTMENT OF PUBLIC WORKS 2. REPORT CO Y / PARTICIPA rJ 'Y/ f 04Al S AND STREETS MAINTENANCE RENDEZE, , JS Jim Hossle I tions I ion Manager, reviewed an overhead presentation and '"'j'� 'zs j ff Ihapter of the Maintenance Superintendent Association held explainedthat t ���f,,�J,, the 2004 Roads an. s Maintenance Rendezvous in Mesa on March 18, 2004. He reported that five of • o Valley's employees placed in the competition as follows: p Shawn Ricksecker, 1St Place- Motor Grader category Erik Munson, 2"d place - Wheeled Loader Fernando Romero, 2"d place - Backhoe Garry Johnson, 2"d place - Street Sweeper rd Carlos Martinez, 3 place - Dump Truck 04/07/04 Minutes,Council Regular Session 5 3. APPOINTMENT OF 2 MEMBERS AND REAPPOINTMENT OF 2 MEMBERS TO THE PARKS AND RECREATION ADVISORY BOARD EFFECTIVE JUNE 1, 2004 THROUGH JUNE 30, 2006 Community Development Director Brent Sinclair reported that there are currently two vacancies on the Parks and Recreation Advisory Board with terms ending May 31, 2004. In addition, two current members' terms will also end on May 31, 2004. MOTION: Council Member Abbott MOVED to APPOINT Ms. Margot Hurst and Mr. Bob Evans to the Parks and Recreation Advisory Board for terms of two years ending June 30, 2006. In the interim, Ms. Hurst and Mr. Evans will serve out the remainder of the immediate vacancies. She also moved to re-appoint Ms. Laurafrirk and Mr. Tom nebrink both members ingood standing, to the Parks and R- - ion Board for terms Ho g� of two years ending June 30, 2006. Council Member Roc QNDED the motion. `> r' :'{,-�,.,7.v .',:, Motion carried, 5 —0. r' J 4. PUBLIC HEARING—REQUEST FOR a OVAL OF A APPLICATION FOR A SERIES 10 (BEER A ; IN r0 IQUOR I:CENSE FOR STORE #700 LOCATED AT 10555'''` ✓ TARGET ��. '.As� ROAD Town Clerk Kathryn Cuvelier reviewed ifefrcouncil Co'r `: " ication regarding a Series 10 Liquor License for Target Store#70 r: . .-w: ... - 0555 . racle Road. Mayor Loomis opened the public hearing. ,; e o speakers, the public hearing was closed. ,yft J %J'F • J r MOT1ON: Council Mw: - o I VE APPROVE the request for a Series 10 �'�;.� .r ✓� h r kir�id Liquor License for Robe" Y 'ry; lr,' q h���. � �, ��..als at Target Store#700 located at 10555 N. Oracle Road. V. - Ma1;''''<'''2A4iff' SECO DED the motion. Motion carried, 5 —0. 4,,f y Ma or Looi 1snee r' ,i .t 7:40 p.m. The meeting resumed at 7.45 p.m. 5. OV5-14 t ::APPR ; AL OF PUBLIC ART FOR THE NORTHWEST MEDICAL CE � ;` PITAL FACILITY, LOCATED ON THE h NORTHWEST 00f OF TANGERINE ROAD AND INNOVATION PARK DRIVE Community Development Director Brent Sinclair stated that the public art proposal for the Northwest Medical Center Oro Valley meets the requirements of Oro Valley's 1% Public Art requirement. He then introduced Mr. Paul Kappleman representing Northwest Medical Center Oro Valley. Mr. Kappleman, stated that Greater Oro Valley Arts Council (GOVAC) was instrumental in the selection process of the art for the hospital. He stated that the 1% contribution for the hospital for public art amounted to $435,000. He then reviewed an overhead presentation of the hospital site and proposed areas for the artwork. 04/07/04 Minutes,Council Regular Session 6 Jane Hallett, GOVAC, reviewed a PowerPoint presentation depicting the art work for the hospital and the public areas in which the art would be displayed. She stated that there would be 21 works of art by 15 artists. Mr. Kappleman then reported that of the 15 professional artists, 12 artists are from Tucson and 1 artist is from Oro Valley. He also stated that $100,000 would be donated to the Oro Valley Arts Endowment Fund and $335,000 would be awarded to the artwork commissions. In response to a question from Mayor Loomis regarding specific items being returned to the Public Art Review Committee (PARC) for final review, Mr. Sinclair explained that certain pieces were still in the conceptual stage and PARC is askin ,,, the opportunity to see the art beyond the conceptual stage before it is fully renderef ,f y„f Mr. Kappleman agreed that this would not be a problem a 4 a'`$,", had approval for the artists. He stated that to get from the conceptual sto .o further ,1,-;,::,• •ment of the piece,iece, it costs money and they would need to co , ,i, with the artist .; b ey could move forward. r r The Council commented on the success of Oro Vail=:ffoilr o for Public Art Program, the exceptional qualityof the art beingrese . � and congr , ,ed Mr. Kappleman on a p p f f, great job. _ .: fir! ,' ""a.' OVE OV5-04-01, Public Art MOTION: oop, Council Member Rochman10,,,,;,44,6T-0-4 Medi! M er Or• f:-.. with items labeled 3, 9, 12, 13, 18 and proposal for Northwest ,��.,, . ,. y 19 in Attachment 1 being es"s e Pub ,rt Review Committee when the art pieces are further devel s, s Co gg,� �emb; ohnson SECONDED the motion. Motion carried, 5 — 0. '; "Jl L 6. ,k/ft f,•t 0 AUTHORIZING AND APPROVING THE TOWN TO :.t ER ' aNOMIC DEVELOPMENT AGREEMENT BY AND BETE N THE N OF ORO VALLEY AND VESTAR ARIZONA y'. XXXIX, L.L. ,��._:�� .:.,6 FACP TATE THE DEVELOPMENT OF A REGIONAL LIFESTYLE/ '.:''.:=:;,,,,,,,," .10,-;'`AIENT/POWER RETAIL SHOPPING CENTER :,,,;OriiWITHIN THE TOF ORO VALLEY (THIS ITEM IS CONTINUED FROM MARCH 15, 2004, P d BLI C HEARING WAS CONDUCTED ON MARCH 15, 2004) Jeff Weir, Economic Development Administrator, reported that Vestar Arizona has requested an Economic Development Agreement (EDA) that would allow sharing of the new sales tax revenues generated by the Oro Valley Market Place Retail Center. He explained that at a Special Session on March 15, 2004, the Town Council requested a number of changes to the proposed EDA. Mr. Weir then reviewed the items that the Council asked to be addressed: 1). Changed the term of sharing from 14 years to 10 years. 04/07/04 Minutes,Council Regular Session 7 2.) Changed wording in "Incorporation of the Recitals"to read "The parties hereby incorporate the foregoing Recitals into this Agreement by this reference." 3.) Added a paragraph under"Minimum Construction Obligation"that requires the owner/developer tor start construction of at least 200,000 square feet of buildings in Phase I within 18 months of approval of the development plan by the Town. 4.) Added wording under"Development" that addresses the twoyear time between submission of the next two Phases that provides that if the two year time limit is missed, then new submittals would be under the current ordinances and development standards in effect at that time. 5.) Under"Sales Tax Revenue Sharing", revised the term for sharing to a ten year time period. 6.) Under"Sales Tax Revenue Sharing", revenue sharing percent., , ;.changed to reflect that the Town of Oro Valley receives 55% and Vestar receives' Under "Sales Tax Revenue Sharing", a Maximum Cumu � � 7.) g � � ,s, evenue Sharing would be the lower o the two following conditions: Towers 7 in� ,'on Nine Hundred Thousand Dollars ($29,900,000); or (50%/f!yt e Fifty percent �, venues generated bythe development (provides to 50% �� rformance Co ` . ation if p up sales increase in any one by10% or more,bu; ` o ti ' ill the dev- oper share year more than 50%.) 8.) Under"Headings", removed the wording "partie" > " •y confirm the accuracy thereof" language. 9.) Under"Successors and Assigns", a $. ` • •e tha:''''!:47, -ssgtullaeTofowontaagbesoof, ; lute� �s � :�control of an assi nment of a Phase whe` " ' tre a phase is not constructed. z, In response to a question f, ' o 1 M,,.emfe ` bbott regarding the adopted. policies, Mr. Weir explained tha , rolicines adopted by the Town Council are there for Council's considerat , : v/use some, many, or none of the guidelines is up to the Counci ~' / f/ David Mali `��,.resent ` Astay" elopment, stated that they had agreed to one other change as '' gip:,ted by th`kf uncil that reduced the amount of phases from five(5) to four (4). Als t ,'questions from Mayor Loomis, Mr. Malin stated that they p had no roblem � ; µ,� 'ages as reviewed by Mr. Weir or,with additional wording changes as forwar. e Mayor regarding the impossible scheduling issues after Planning and Zoning ` Vommission action. In response to a question from Mayor Loomis, Town Manager Chuck Sweet explained that this Ordinance does not have an emergency clause; therefore, the Ordinance would be effective thirty days from the day of adoption by the Town Council. Discussion followed and/or concerns expressed regarding: • Paragraph 5 which allows the use of ordinances that are in place for all the Phases if they maintain the schedule. • The percentages (rather see 40-45%than 45-50%.) • Maximum amount to share ($23.2 million verses $29.9 million.) 04/07/04 Minutes,Council Regular Session 8 • When the clock starts "ticking" regarding occupied spaces - would rather have it be from when the buildings are finished verses majority of issuance of Certificates of Occupancy. • What happens if tax rate drops? • Signage concerns. ■ What if a Town employee wants to work for this corporation? • Assignments if development is sold• • Legalities if Town policy changes and EDA is found illegal or improper, what happens? • Understand risks involved on Page 10 of EDA. • Does the Town have the authority to limit types of stores? (Town Attorney Mark Langlitz replied that the Town can establish guidelines tha. : .uld indicate that the Town is looking for higher quality stores. However.;,.,: own could not preclude specific stores from coming in. r MOTION: Council Member Abbott MOVED to allo : #people ;.�• ed in Speaker Cards (9 cards total) to speak as the item before the cil tonight wa yr ," ferent document than presented at the public hearing (o.. h I ; .104•) r AMENDMENT TO THE MOTION: Council Mee /ii ochman stated that he would- who did not speak at the second the motion if it was amended to s•.�-,, at those p �� s eaF��r: ouncil Member Abbott previous public hearing would be the o � � r / agreed to the amendment, MOTION SE .`:.,.r��' �� ; D ."• �.,��r �, ,,:•cil Member Rochman. rr? �.,r.% liar Motion carried, 3 —2, with C �� ernb- ,/� 1:ott and Vice Mayor Wolff opposed. r �h Mayor Loomis reo ene' t .-..ubl ,r y • • ;r,< Melanie Larson, 11, .1 N. ffi Sonora, stated that she was a resident of Oro Valley and a private b rr! tff, er axre, has watched the challenges the Town has faced financially , � ,rr;, as t `` th S-„” e Town. She said that as a business owner, she could assn y p�, ,y Town th. 7i vcompany that was going to come in and build an 800,000 square foot p" y wouldz , ndergoing a considerable amount of infrastructure costs, etc. She suggesll t , �%G'own should offer incentives to the developers in order to make the developn "'„y %. 'Bally sound so that it is not so prohibitive when they lease space out. She stated that a'r a small business owner, she was concerned with how difficult it is get et into the Town, to get a project up and running, and when we finally get people in that want to be renters, it is so prohibitive that they can't be successful• She stated that she hoped that the Council could look at this project and know that there will be a certain amount of concessions that need to made, but she felt that they would move it forward in an expeditious way. Karen Knotek, 10127 N. Bighorn Butte Drive, stated that she has talked to a number of residents and they expressed concerns about the stores that were recommended by the Buxton Company's survey• She wondered if the Town should save its incentives and funds for commercial development that we actually want and need rather than the funds 04/07/04 Minutes,Council Regular Session 9 going to the developer. She said that we may not be ready for certain stores right now, but maybe in ten years we would be able to support more desirable stores when more people live in Oro Valley. Jerry Hoy, 3380 W. We.stfal Drive, stated that he was speaking not only for himself but also for the Northern Pma County Chamber of Commerce. He stated that this development would brin in increased revenues, an increase in job opportunities, keep p g people in Oro Valley buying Oro Valley products, and enhance business to business opportunities for the other businesses that already exist. Mr. Hoy stated that over all, the pp development would enhance the quality of life in Oro Valley and northern Pima County which is something the Chamber strongly advocates. Alan Dankwerth, 11515 N. Flying Bird Drive, stated that this p7 ' is "not something that should not happen The issue is what is needed, not wh. ted." He asked that pp I, ?wJ costs beingincurred b the developer be "put on the tab * o r. one to see. He the y p p / agreed that the Town needs this development, but thet �. ion is "w'' , we need to pay for it?" He stated that every dollar that is spent t,aliv`essly as incen akes money from otherJ ro•ects that are needed in the Towns Gv:`s the, yl,. anja Town ite. He asked p �.f , that the Town get the facts and do thero er ne of"``a p p •�Nf"' Mayor Loomis closed the public hearin_ r stiff.J J , �/1�f Council Member Johnson commented th fra 'N' ' "' y ys sts were studied at a previous meeting. He stated that people are lookin ves as a give-a-way instead of an f.".NFA,-4 ect co y 00,000,000, it is a risk to the developer. investment. He said that whe f`F- �� f �f y. riskthe Town is ve ,- rmy' 4,4t. we a °' yt buildinganyof the infrastructure like The to ��:,(N.. .� n, other municipalities do ` ncil � "; •4- Joh' Y in stated that we may offer incentives ; F4luf f en't see a solid financial picture because now because as we look ,� Y� def/,. �l, �f,.. fF venuJ` ated to residential growth. So the Town may have to much of the Town'. - � �' ii/''f/i • rf look at additio /4+ ou ch as property taxes. He stated that over the years, these ro•ecf' brin A &t.:�oo b- 'rce of revenue that can be used on Town projects p J such as th g •a Towns He also stated that the proposed incentives were lower � �s J � than what mai- ',ler co xvnities offer and we need to look at what it would provide to the Town. Y//JJ Y MOTION: Mayor Loomis MOVED to APPROVE Ordinance (0)04-10 authorizing the Mayor to approve an Economic Development Agreement between the Town and Vestar Arizona XXXIX LLC with the following changes: 1) Delete Paragraph 5 (discussion on vesting and "big box") so that which ever phase is developed, it will have to meet the development requirements at the time that phase is submitted. 2) Delete Paragraph 9 on page 6 which talks about signage. As part of the process, the developer will have to bring forward a Comprehensive Sign Package. 3) The basic sharing amount will be 40%rather than 45% and the incentive amount, if they exceed the expectations by 10%, will be increased to 45% with a maximum of 45% of the sales tax generated or$23.2 million. Maximum cumulative revenue sharing is the 04/07/04 Minutes,Council Regular Session 10 lower of the following two conditions: $23.2 million or 45% of the sales tax revenues generated by the development ($23.2 million is the stated amount of infrastructure on report.) In res onse to a question from Council Member Rochman and Council Member Johnson, Mr. Weir explained that the original maximum amount discussed was $29.9 million which included extraordinary costs such as 5-sided architecture, additional landscaping, etc. MOTION FAILED DUE TO A LACK OF A SECOND. MOTION: Council Member Abbott MOVED to CONTINUE thi -m, Ordinance authorizin the mayor to a rove an Economic Deve gent Agreement (0)04-10 g y pp . between the Town and Vestar Arizona XIX LLC, indefi . ', MOTION FAILED DUE TO A LACK OF A SEC-0,10: x £ Discussion followed regarding: ■ Chang--- uidelines and ordinances once Y�` � iderway is not a good thing. gg �,... Businesses s end millions of dollars and the ' € certainty that things like p • lighting, signage, etc. will not ch '.'�f°� :.,id-streal�`n�N! ■ There are Town rocesses in la ra ffi `� ::! alio developer to request p p ,r, J't,,514.):„:,�! variances for particular phases. �s�'��Jq�IJ ■ Agreement covers a long •eriod o J .. c ogy changes and things improve, so the corn bette s; "y =d by using ordinances that are in place ! rather than using o c-" ■ The more certai�:.°W at de r�, an sin have the more incentive they would have to m` ; , 3A� - ;f'" ' ((& projects. ,r /,‘„,--,,,,,,,%'! :,;>: /:..G it. MOTION: M � �,,{ to chap e the Maximum Cumulative Revenue ' '?'�.t. �/, Vii^/n'/,'""yt g t"i'l Sharing tot 4' er o �llo i,£",_"two conditions: $23.2 million or 45% of the sales u b :�erated b ^7 develo ment. Council Member Rochman SECONDED tax revenu p the motion. "' y. .ON C 'Vt''IED, 3 - 2 with Council Member Abbott and Vice Mayor Wolff opposed �J J„, '42! LOTION: mayor L•omis MOVED to CHANGE the sharing amount from 45% to 40% y and if they exceed their numbers as presented on a yearly basis, they will be entitled to a maximum of 45% of the sales tax revenues. Council Member Rochman SECONDED the motion. DISCUSSION: Council Member Abbott stated that the 40%baseline was still too high and she could not support it. At the request of Vice Mayor Wolff, Mr. Malin commented that this was a large scale of development. He stated that they have the ability to build in four phases but the market will dictate how fast the Market Place is built. He stated that if they can build the entire 04/07/04 Minutes,Council Regular Session 11 one J ro•ect in phase it would be to their advantage,but the number of rooftops dictates p how fast they can build it and how fast retailers will commit to the site. Mr. Malin further commented that the site has above average site work costs and the Town of Oro y Valle has above average design standards but he felt the Town was offering below g avera e incentives. He stated that the typical incentive package is between 15-20 years in duration and 50% in rebate, without a cap. He stated that the cap that is now being discussed was a concept and a number that the Town Council introduced to them. He stated that they reluctantly agreed to this to move the project forward expeditiously. In response to questions from the Council, Mr. Malin explained that the sharing amount was 10% lower than typical standard development agreements around the valley. He stated that the 50% sharing amount would keep them on a level pl $ ;/ eld with other sites in Tucson, Phoenix, Arizona,NeMexico and Nevada. ' r; t. :, field ed that tenants will only pay $12 per square foot so they are at a disadvantage bei . ti the site work . He further explained that research departments e'`'"p companies necessary p p :, determine what they will pay per square foot. He said 1. .ro ectio :iv ade determined on the number of roof tops (people in th- informatioreports such as the Buxton Report (as outsourced the Tow ;-r ! '. He ed that the umbers are p by currentlylower than most retailers want to see an' :: o 4"'4 -" ere is potential for growth, , the numbers are not currently here. He stated that thfe3 ;;- other sites in the Southwest region that the retailers are looking at w 2, :: ::the numbe- ,s.,;; - g . '¢��` �eople are higher. Mr. Malin further commented that he ha + r. • 9. °, ,. t at the developers take inc packages entive acka es and use them to attracti''' •n e ted that this was not true and , incentive packages had no be S, P how ,y'x they charge for rent. He stated that the incentive packages were 1, 'i s i y to tour. care of extraordinary costs such as infrastructure and upgrar :.rchi �! ,,n�,I;,/ ;` He '''';`-ed that the incentive package would give ✓,//�.�r�N�F rrfi•/i,yr.✓iii;./r�:::. • • • them the ability to go ou ;s c w a ` "-etailers that "this is what we have in Oto Valley." He statedt:. t the"-4,401.makes sense and the numbers work- He also explained that Vestar(or 4,4',7,0,LIttki,: fe :irkwas not in the practice of"boycotting or / ainst 41,01 lar i' pan.ies. He stated that they are retail developers and discriminate �,.� _ marke h1,;, ',ear at tir::-�' ro nate time who the property tenants are. He stated that the MH Vis r the Cou /`w :,',,:/./:w :the To i s and the developer's input, the controls that can be put in with " . � p r r. r;' place would be ii'',:: e'a. a'ndards the architectural features, the landscaping, the aesthetics, thequa t.A'! 3' e project, etc. This would make it the highest level of project for the Town. Vice Mayor Wolff commented that the Town is sending a message to this developer and all future developers that the Town is going to make it as hard as we can to get commercial enterprise into this town. He stated that we are running out of building space and we will then have to determine, "How do we fund government? Do we cut down on p services or impose a property tax?" He stated that he would be the first one to go against property roperty tax and he would be the first one to start a recall of the Council if that were to happen. 04/07/04 Minutes,Council Regular Session 12 MOTION AS PRESENTED (to change percentages) FAILED, 1 —4 with Vice Mayor Wolff, Council Member Johnson, Council Member Abbott and Council Member Rochman opposed. MOTION: Mayor Loomis MOVED to DELETE Paragraph 9 on page 6 (regarding signage). Council Member Abbott SECONDED the motion. DISCUSSION: Council Member Abbott agreed that Paragraph 9 should not be included as we would be setting double standards in the Town. She stated that everyone should be required to follow the Sign Code. In response to a question from Council Member Rochman, M.ayorY mis stated that the first sentence of Paragraph 9 was fine as a Comprehensive Sign `age would be p g required as part of the Development Plan,but the Sign Packa�q '` d be in the � f Development Plan and not in the Economic Development a�..... Qer� //,Y pF. Y JJ hK 141 "� �� Council Member Rochman commented that the dev-?, .. 7;�should have - -A rtainty of knowingthat when they do submit a sign packag- `reqents that are in place at the time of the signing would apply. (Mayor Loo`` Jy. Ofr,'": at this would be considered in the next motion regarding paragraph 5.) Mayor Loomis recessed the meeting at '1tamr w./i/ me- JJ ✓ ".Sresumed at 9:25 p.m. MOTION ION AS PRESENTED CARRIED* j MOTION: Mayor Loomi o DE� - Paragraph 5 which states that the ' be t, e that a '"place at the time of this development standards . � agreement or if they miss their schedules .r. �� y�yr then it falls back to the standards applicable at that time. Co g4, ember "•bott SECONDED the motion. pp J.v�Y IJF /fG//j'r'J/ yy^ f� ..'fn� ;;yfd.7llJ�rS /7 J:N r4�,: DISCUSSI• �'�}r'ounce ~�fA be 74,';6•ott stated that the Town does not have a "big box" d ¢��� red/y� / ' r itations should be applied and also that she did not agree ordinance. ��r tated tha ),,,r,ir with the time y' GHJ/iF G MOTION ,with Vice Mayor Wolff, " N.;: N Council Member Johnson and FAIL ��� �� Council Member Roc:1 an opposed. MOTION: Council Member Abbott MOVED to remove the wording from Paragraph 5 regarding "big box" ordinances. Discussion followed regarding a "big box" ordinance. MOTION FAILED DUE TO LACK OF A SECOND. Council Member Abbott stated that she wanted to change three years to ten years on Page 7, Item G, line 5. Town Attorney Mark Langlitz stated that this section cites Arizona State Law and the Town Council does not have the ability to change State Law. 04/07/04 Minutes,Council Regular Session 13 MOTION: Council Member Johnson MOVED to APPROVE Ordinance (0)04-10 authorizing the Mayor to approve an Economic Development Agreement between the Town and Vestar Arizona XXXIX LLC with the conditions previously approved (maximum dollar figure is $23.2 million, performance percentages are 45% and 50%, and Paragraph 9 was removed (see amendment.) Vice Mayor Wolff SECONDED the motion. Town Attorney Mark Langlitz stated that there is currently an inconsistency in the agreement between paragraphs 8E and 8C. He stated that the incentive provision or the cap needs to be changed. AMENDMENT TO THE MOTION: Following further discussi !,Council Member Johnson agreed to make the change to eliminate the percentage: .: { 50% so that the maximum cumulative revenue sharingis $23.2 million with "AO, nt being 45% and 50% if they erform extraordinarily well. Vice Mayor Wo f `"`r= . ,4;the amendment. DISCUSSION: In response to a question from Council Member A4-60; :44 anglitz stated that he did not see any legal risks that have not been previouslylils.4sed. Council Member Abbott commented th. wella es („ yetoo high, the time period was too long, this will hurt the Town's s busy ke `� " - can not guarantee there will still be no property tax whatever is done b- `: . 'ua 4'should be added to assure the types and categories of busine ' e` '� s d ther- �J, }`e no assurances of the quality of the type ! of development that we w.; t ere, e, she d not support the motion. ,y ; +tL any N y'! , Council Member Roche. ," e` ' .;vr�: ��efy,,�, `-tl Member Abbott's comment regarding property tax and st.,:y,s that -”¢ don't have the project, we would be closer to having a property tax th ,, 4 0;` 0 s be r` Town gets the project. He stated that without this � ` e' k t ` izens to approve a property tax or cut the Town's revenue, we�� "d nee i � >;�, - pp services. '/' Loomis ,th lM was opposed to the agreement because of Paragraph Mayor g grh 5. Too' p many scenarios ha ' `e about where the Town is restricted and can not do things, so he was concerned abo "t the process. CALL FOR THE QUESTION: Council Member Johnson called for the question. Council Member Rochman SECONDED the call for the question. Call for the question carried, 4 — 1 with Council Member Abbott opposed. MOTION CARRIED, 3 —2 with Mayor Loomis and Council Member Abbott opposed. Mayor Loomis recessed the meeting at 9:50 p.m. The meeting resumed at 10:00 p.m. Mayor Loomis moved Item 9 up on the Agenda. 04/07/04 Minutes,Council Regular Session 14 9. PUBLIC HEARING - ORDINANCE NO. (0)04-14 EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF ORO VALLEY, PIMA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7,ARIZONA REVISED STATUTES AND AMENDMENTS THERETO,BY ANNEXING CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS OF THE TOWN OF ORO VALLEY,ARIZONA (135.9 ACRES, ANNEXATION AREA G) Special Projects Coordinator Scott Nelson, reviewed the Council Communication and reported that on November 19, 2003, the Town Council voted to initiate the annexation process for 135.9 acres known as Annexation Area"G". He stated that the land is in conformance with the Town's adopted General Plan and all legal r 1, rements for annexation have been completed. fr Mayor Loomis opened the public hearing. There being no eve„,- public hearing was closed. tii 1 ti HE9G'.'r • Vice Mayor Wolff MOVED to ADO�'�= f `nne ; y' on Ordinan e (0)04-14 MOTION. y �� �: extending and increasing the corporate limits oft `` *co'.ro Valley. Council Member Rochman SECONDED the motion. Motio 5 —O. 111brf/ , � „.��r. At the request of Council Member John'r✓^Ge/ 0v,: . oomi .; feed Item 8 forward on the agenda. 9,3fvf' ri r 8. PUBLIC HEARING : f .INA tz- 4` 0. (0)04-03 APPROVAL OF A ZONING AMENDMEN r � � �.5 A Io„f PORTION OF A 79.5 ACRE r Jo E Lr ff ,1 SEW." IGNAT1ON FROM MIXED USE PARCEL, CHANGIN,�:+�����. s . :_ (COMMERCIAL, M "Kif •� �°�. �f � �� DENTIAL AND LOW-DENSITY RESIDENTIAL •I SIN`C : AMIL RESIDENTIAL AND CREATING NEW RESIDENTIAL),,,,�... f:. •;. T 1 Al OR THIS SUB-AREA OF THE ROONEY DEVELOPME :` yr.:: N� .. RANCH PED AR DEA"' OPMENT (CONTINUED FROM 1/21/04) .y� rye/i Jrr Communityftc••mentfector Brent Sinclair reported that this item (0V9-03-03) was continued fi*,54/.7;'/Iary 21, 2004 Council meeting to address a few issues. He ' f�"���� �� directed that: explained that the o ' • The Planned ea Development (PAD) standards and regulations and the accompanying Tentative Development Plan (TDP)be looked at requiring that it show only single family homes; • There be no collector street providing cross access to the subdivision to the north; ■ The PAD shall state and the TDP shall show that the maximum grading limit for the subdivision will be no greater than that shown on the TDP submittal; • There shall be or can be an allowance for at least three (3) acres of land to be graded at 25% slopes provided that the PAD include grading mitigation measures and requirements that were similar to the Oro Valley Town Center project and the Rancho Vistoso PAD criteria for development; 04/07/04 Minutes,Council Regular Session 15 • The PAD shall state what the maximum number of lots shall be for the development. Mr. Sinclair stated that the items have been provided for in the Conditions of Approval, the General Notes and/or the TDP. He also explained that an alternate condition has been provided (#1) that allows for a non-vehicular access for pedestrians, bicycles and electric golf carts for the Council's consideration. Discussion followed regarding: • Including a possible roadway access easement above lot 134 and then have the easement for the pathway at lot 55. • General Note 4 provides a maximum number of units of 17 e,,roposed number of la is 152. Add a condition to c.{ e the maximum to residential units on the plan ;.:.... 164 units. • Restricting single-story homes (18 foot height lime ,tr o -114, 31 and lots 135- 152 with single storyor split level homes bein:iii,"wed on 1•` N y-.s - 134. g p l .ill Lr yJ liG Keri Sylvan, Lewis and Roca, representing the a• lf,l nt C 'artners, st.ted that they are willing to bring the maximum number of homy "` �� y d were agreeable to the height restrictions as discussed on specific lots and t a way accesses. • '��'/� l/%Jbl In response to a question from Council litl.,'''';'1,N:boott, bvr% Ivan stated that they are /c,.l/' Jhe flood plain and levee working with Pima County and the TowworEkt,a:.: freeboard requirement issues. She stated t fir.; issrequire much study and a General Note has been added » 'ng th es- ues. She also stated that the Town l tial ''P'„,09 JJ requires that these issues b�.sefore . s evelopment plan is approved. Ms. Sylvan also explained t e h•: ''�-0,.,- ed 1 `s'an agreement to pay a voluntary impact fee of$1200 per unit bui ' 0` � -� � "' i, l#a: yr School District. i�J � f in response to �: .' : °' om' sr Loomis re arding page 2, Drainage Consideration #11 of the 10 it Co -" cat101 " own Engineer Bill Jansen stated that the floodplain g studyand s' , s arepar',/#0,he ongoing studyand will be determined prior to approval g g of anydevelopr lans ' = stated that he is comfortable with moving forward as these , ;y p � "+ �i e satisfaction of Pima Countyand the Townprior to any mustber � - l development. y' Mayor Loomis opened the public hearing. Sue Fry, 10929 N. First Avenue, stated that she and her neighbors request that the Council approve the zoning change from mixed-use to residential, thus creating a single- family neighborhood rather than commercial development. The zoning change would allow for lower densities, would encompass only 17.5 acres of the 76 acres and would allow for a community park and open space. She also stated that it would provide for less environmental invasiveness than a mixed-use commercial plan and would eliminate a mixed-use neighborhood. 04/07/04 Minutes,Council Regular Session 16 Bill Adler, 10720 N. Eagle Eye Place, stated that he was in support of the single-family project but he did not support violating the grading ordinance restrictions, waiving the General Plan compliance requirements as they relate to building in flood plains and diverting washes in order to make room for streets. He stated that the project can be built as a single family residental project without waiving the Town's ordinances and General Plan requirements. He stated that it does not meet Section 10.307 which says that 80% of the applicable General Plan policies must be met by the change to a Planned Area development (PAD.) Ken Scoville, 701 W. Wetmore, representing Amphitheater School District, recognized and thanked Mr. Blake Hastings and CDO Partners for their voluntary donation to the schools which will help mitigate the impact of the increased enroll a t to the schools from this development. r� �- �J J Kathryn Mercer, 10985 N. First Avenue, stressed how imp t s- ought the quality be with the sin le-famil dwellings. .;. s astated th ;;tg of the area would g y g ��. . �? .� currently r zoned for mixed-use which would greatly impact th k+ronment. Sh=J ° qd that she would not like to see the homes "packed together'r' �; hat the de eloper has tried she �. �Y, make the development economical and o with� '� :� yY r the land. She said that the to p g ,.�, ti developer has done a marvelous job and they did wh �� k could to modify the plan to p �s;,f meet as manyof the standards as they co. iipop:;„ d use th=`4 a r, urn amount of grading. JMayor Loomis closed the public hearing. ,' f MOTION: Council Membe c rx 6 mo �%' ADOPT Ordinance (0)04-23, OV9-03- tJ �. 03 with conditions as listerx � i"A" �_,he followin additional conditions: 1 rf Jr �f r: 10 ded:01.A",,,„,h Y o ' 134that will be a roadway easement Two easements well be � �;r . 1,,:t; and one that will beam Via/ J around lots 55 and 56. 2) Single-story i/i~''�7�Jif/t fr'�' ,,,ff �� / 1 and lots 135 – 152 with single story or split level homes are restricts n• lots'"t—. /�. 1:0,-";` 34. 3) The maximum number ofunits will be homes being a . eis J J... x r.c JC rf changed to J EXHIBIT A:'-'74 :`y ' A.h.ised p41"` otion) 1. The Applicant evise the Tentative Development Plan (TDP) dated March 10, pp 2004 to show two` ccess easements. The first shall be the existing roadway shown on the TDP as located above Lot 134. The second shall be an easement for a multi-use path around Lots 55 and 56. The multi-use pathway around Lots 55 or 56 shall be designed to accommodate pedestrian, bicycle and electric golf cart vehicles traveling to and from the subdivision(s) to the north. The easements and improvements shall be developed no later than when a connecting subdivision to the north receives a grading permit for the complementary roadway and pathway connections. 2. Each Developer of land within Area Z shall address OVZCR Sections 3-104.A.4.e.3 and 4 in the Hydrology section of Part II of the site analysis. 04/07/04 Minutes,Council Regular Session 17 3. The PAD Amendment Applicant shall provide a new legal description for the remnant Area A as well as a new legal description for the new Area Z within 90 days of adoption of Ordinance (0) 04-03. 4. The PAD Development Standards shall be revised to include in Section B.4. the following text as the second sentence: "Single-story homes are restricted to Lots 19 through 31 and Lots 135 through 152, with single-story or split-level homes being allowed on Lots 126 through 134." 5. Subsection B. 5. of the PAD Development Standards shall be revised to state:" The maximum number of units is 164." Vice Mayor Wolff SECONDED the motion. DISCUSSION: r „r Council Member Rochman commented that the Council li• :`' = , 1 -ntly to the citizens and in this situation, the Town has a choice of t Lr g into slo:i having a stated that both of the,.` '°Y es are dislik=fttu7},. mixed-use neighborhood. He ertain sectors of the Town• He stated that it is a dilem . I� the pi, ncil has to choose one or the other, and it seems that most people are in fav;'',,,,,i:v/;:/i),..,litilX single-family homes there verses amixed-use nei hborhood. ` g -•,,,,,, , In response to aquestion from Mayor L ." nm.. � �:. ft Iyvan irmed that grading limits are included on the Tentative Developm--Oil'lanh• ya -.velopment standards state that c"'also added a further restriction they can not exceed the grading limits on -":••:.-�� rf that if an r -.f e •osed p� : rceed the limits, theywould have to come that would require y��,,... . (j}�{,@g �,.; � y... before the Town Council `".,� •• �, tial ch! -• She also explained that the grading N nt:}.r• f f.ch1 r:�. limits are just over 3 ac.>Y, r �"r r - ,,, ,,3,1-,--,7-0,-7,/,',.'�•Ni},G •tt co ``"``;-®ted that s e did not support the mixed-use Council Member Abs r:. pp • ° ,,, lik-` dea of single-family homes. However, she believed neighborhood5! .� ��� �. . the homes c! ".e pla f. les =nsity to preserve the slopes and floodplains. She O.L.d am �:'/�� • • • • •stated that concei kith filling in the wash and she also did not support blading and going in ‘,1,,,,,. es.es. r,, j�i-:•:ice:.`:.%i /Nji.:,..:.%. i%i r f,y- ,y' rf S Mayor Loomis an•` - nsen clarified that the issue of"filling in the wash which may result in hazards to up ream and downstream development in the event of a major storm" has been removed from the document. Mr. Jansen further explained that this wording was added before the Engineering Department was consulted and so now it has been deleted. Motion carried, 4— 1, with Council Member Abbott opposed. 7. PUBLIC HEARING — ORDINANCE (0)04-12 ADOPTING THE DOCUMENT ENTITLED OV 7-03-01 PROPOSED AMENDMENT TO THE ORO VALLEY ZONING CODE REVISED ARTICLE 3-3, DEVELOPMENT REVIEW, AND CHAPTER 12, SIGNS; REPEALING ALL RESOLUTIONS, ORDINANCES, 04/07/04 Minutes,Council Regular Session 18 AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER (CONTINUED FROM 03/17/04) Community Development Director Brent Sinclair reported thaton May 5, 2003, the Town Council approved amendments to the Town's Sign Code• He stated that staff has received input from the community and Boards and Commissions and are recommending some revisions to the Sign Code• He reviewed some of the major revisions as follows: • Exempted Permanent and Temporary Signs (political signs)-Section has been modified to make it clear that these signs are exempted from permits. • Criteria for Special Event Signs—Can be requested 4 time,, „ear(formerly 3 times per year.) Also, square footage has been changed/Ac"``24 square feet to 32 square feet. ; y } Comprehensive Sign Plans—provision makes it cl: = "" .t • pat � ehensive sign plans (now called Master Sign Program) must b bmitted ulti-tenant developments. In response to a question from Mayor Loomis reg:i ,i; on 12-105 (Prevailing Codes) and the listing of Planned Area Developmen y"` . s), Mr. Sinclair explained that the list was helpful in that it identifi- - existing '''. ro He agreed that there may be different PADs added in the future, ely s as a benchmark. He x y . explained that if future PADs were adde r he t -: � �;ning Code would not need to , � be amended. h. fl Council Member Abbott d•tA 'xsee conc=/ f egarding: Chapter 3-31 Section 3-301 C and stated that she wou e to s e e w• xng that "staff shall bepermitted to approve minor/common � �x itecture or landscape plans in order to avoid delay by usi • e no" "�` 'evelo meet review process Section 3-302D add f��;°�; , .: � Vii. p p "illumination a ti;7 f .-. t f ont of the item; Section 3-302F add "and shall not introduce afr ' `ign fe " or e E.t =nt that dramatically (substantially) alters the ty yN existing p.`*,;"' SectionN 01 B delete entire paragraph, Section 12-202D•2 add clarification m.. `rnents to the sign types are limited to locations and number and no adjustme ��� the ad ''r` �, F. • olor, illumination, height or materials, Section 12-302A•5 s y '�� ie, eliminate LED lig ' d place it under prohibited lighting in Section 12-302B, Section12-701 C Specl Event Signs-Take out any commercial elements from this section and place in Section 12-701A.5b. Vice Mayor Wolff commented that staff has been working on these amendments for several months and there have been various Study Sessions regarding the Sign Code amendments. He questioned why the amendments were being picked apart at this time. Council Member Abbott commented that she was expressing concerns of hers and some citizens. Mayor Loomis opened the public hearing. 04/07/04 Minutes,Council Regular Session 19 Kenneth Carter, 11530 N. Sky Wire Way, stated that he saw what he perceived as several errors as he looked through the amendments and questioned several of the items. He then stated that the Sign Code was too restrictive and suggested that the item be tabled until the public has more time for input. He stated that they need more clarification. Bill Adler, 10720 N. Eagle Eye Place, referred to the Master Sign Program section and stated that he did not want to see different sign criteria in shopping centers that were located next to each other. He stated that he was interested in stifling creativity if it results in dramatically or significantly changing signs in terms of illumination, lettering styles, sign sizes, color, etc. He stated that he was interested in limiting the adjustments that Section 12-202B.2 refers to, LED lighting should not be allowed and in Section 12- 303A change the wording "colors may be permitted"to "colors m - requested." He also stated that the Develo ment Review Board Sign Review A a l Committee should p g not be eliminated. , ,ry r r rJ frJ J Mayor Loomis closed the public hearing. / t/r Ji a`. 1!' MOTION: Council Member Abbott MOVED to SPT0,1:'nance (0) 4-l2 OV7-03- 01, amendments to the Oro Valley Zoning Code ` : . s. ; ter 3-3 Development Review and Chapter 12, Signs, with the following c .`.. ft h � 12-9-B2, "Adjustments to sign t e standards are limited to locatio � numbers elf .";, w o adjustment to size color, gtype illumination, height or matenals. (Apple`:an ., 6 M�:�•l fo Brent colors.) Move LED li titin to Prohibited Lighting and "J�` to - opment Review Board g g g g J .rJft,,,,,,,,,f4 : .,..:.,:y., rK OF ASECOND. AgendaCommittee. MOTION FAILED k �... it JrJ JjN -{vim In res onse to a question f.;.. a Loom• r. Sinclair clarified that the DRB's p �� �f-limi r en `r Sign Code was amended in May. 2003. Agenda sub-committee, � � � wir/J - �/frJ,,,,,4,„7„.4?,,;,:,,,,:..,:--ed �/% He stated that the sub-co *1:411 - ;� JA �"ed due to the move to the Master Sgn Program. With the. „ ;.ster ` 0 rogram, tl e DRB and the Council both must approve ��H, the sin acka• µ :� rite <� there is no need for the sub-committee. ,!-, i,91?/ , J Further di •n follow: garding the Master Sign Program and the processes and when submittin for sign n ___royal. requirements` V'''llust bei `' g g pp • r ` ;vas MOVED to ADOPT Ordinance (0)04-12 0V7-03-011�10T1ON. Mayo " , amendments to the. 0 '� Valley Zoning Code Revised, Chapter 3-3, Development Review and Chapter 12, Sgns, with the following changes: I) Delete list of PADs on page 12- 105; and 2) All permanent signs that do not meet the Master Sign Program shall be reviewed by the Development Review Board. Council Member Johnson SECONDED the motion. AMENDMENT TO THE MOTION: Council Member Abbott MOVED to amend the motion to add her recommended changes to Section 3-302 D and F. AMENDMENT FAILED DUE TO LACK OF SECOND. 04/07/04 Minutes,Council Regular Session 20 MOTION AS PRESENTED BY MAYOR LOOMIS, CARRIED 4— 1 with Council Member Abbott opposed. TOWN MANAGER'S REPORT -No report. COUNCIL REPORTS Council Member Johnson referenced the recent fatal traffic accidents involving teenagers and stressed the importance of traffic safety education. DEPARTMENT REPORTS &!rnference Police Chief Danny Sharp announced that there would be a pre:>. - kicking off a partnershipwith the Pima CountyAttorney's Office re ardirt '` - ictim's Witness Pro ram•" It will be held on Thursday, April 8th at 10:30 a }A t t ;. • Valley Service Center. row., ,/ Jeff Weir, Economic Development Administrator e°orted40 the const fiction of the -ye• ' • y� ""`� " �;'��ead of schedule. Northwest Medical Center Oro Valley is going we° 3,; } CALL TO AUDIENCE -No speakers. firiftL, ADJOURNMENT MOTION: Council Membe; :' `w` :+ MO• ` o ADJOURN at 11:30 p.m. Vice Mayor Wolff SECONDE 0,- no . Moj% arried, 5 —0. rhtY.//rr,: GNlJi r /y�r matted, 007 • �? N. rh„lyX4 y oxana Garrity, CMC $ - De uty Town Clerk I hereby certify th" y` ""oregoing minutes are a true and correct copy of the minutes Vgc, of the regular sessio 'of the Town of Oro Valley Council of Oro Valley, Arizona held on the 7th day of April 2004. 1 further certify that the meeting was duly called and _ held and that a quorum was present. Dated this day of ,2004. Kathryn E. Cuvelier, CMC Town Clerk MINUTES ORO VALLEY TOWN COUNCIL SPECIAL SESSION APRIL 12, 2004 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE SPECIAL SESSION AT OR AFTER 6:00 P.M. CALL TO ORDER 6:01 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Werner Wolff, Vice Mayor Dick Johnson, Council Member Bart Rochman, Council Memb EXCUSED: Paula Abbott, Council ' #er EXECUTIVE SESSION AT OR AFTER 6:00 A MOTION was made by Council Member Roth • to an Executive Session at 6:01 p.m. pursuant to ARS 38-431.03(A)(3) Discuss th Town Attorney for Legal Advice pertaining to Town of Oro Valle -rgency ' ayor Loomis stated that in addition to the Town Attorney, Town - n Ma , Chief of Police Danny Sharp, Sergeant Jason Larter, Police Pub o icer Becky Mendez, Tom rP g Griego and Sharon Hanson from Aegir S - O SECONDED by Vice Mayor Wolff. MOTION carried 4— OTI• made at 6:44 p.m. by Council Member Johnson to go out of Exec e • M• ' N SECONDED by Vice Mayor Wolff. MOTION carried 4— 0 SPECIAL MEET RI DAT 7:00 P.M. CALL TOO ' r. *. . ROLL CA PRESEN :'t' ,idhiaul Loomis, Mayor erner Wolff, Vice MayorM IF_ Dick Johnson Councilil Member r ;x Bart Rochman, Counceme EXCUSED: Paula Abbott, Council Member 1. PUBLIC HEARING— ORDINANCE NO. (0)04-15 AUTHORIZING AND APPROVING THE TOWN TO ENTER INTO AN ECONOMIC DEVELOPMENT AGREEMENT BY AND BETWEEN THE TOWN OF ORO VALLEY AND CANADA DEL ORO PARTNERS TO FACILITATE THE DEVELOPMENT OF THE ORO VALLEY TOWN CENTRE RETAIL PROJECT AT ROONEY RANCH WITHIN THE TOWN OF ORO VALLEY 4/12/04 Minutes,Oro Valley Town Council Special Session 2 Blake Hastings, 701 W. Landoran Lane, Oro Valley. Mr. Hastings stated that the Rooney family has owned this property since 1940. He stated that he wants to be part of Oro Valley and if he didn't feel that way he would have sold the property a long time ago. He and his family also plan to make Oro Valley their permanent home. He stated that he wants to develop this property in the best long term interest for Oro Valley. He plans to be a part of the Oro Valley Improvement District and pay his fair share since the current traffic conditions are not safe to Oro Valley residents. He stated that the business owners should participate in the Improvement District. The formation of the Improvement District is in the best long term interest of the Town. Mr. Hastings stated that Oro Valley residents will be provided a first class development that will benefit future generations. He stated that in his opinion, Oro Valley residents will be the ultimate winners if this economic development agreement is approved, especially in Oro V -y since there is currently no property tax. He offered to meet with the residents y time to discuss the project. Keri Sylvan, Attorney, 1 S. Church, Suite 700, represe DO Pa Ms. Sylvan stated that they are proposing a sharing agreement f• oposed shop -nter at the intersection of North First Avenue and Oracle Ro �.he s w that the • o Valley Town Centre is subject to the requirements of the *- ea Development adopted by Mayor and Council in 2002 requiring enhanced arch e, landscaping and other amenities not otherwise required in the T' .'s Zoning , She stated that the Oro Valley Town Centre concept is projecte •* 000 e foot lifestyle center which includes commercial, office, hotel ga .mily detached residential development. She stated that the lifestyle -an - ocation that attracts both local residents and residents from • Oro V. She gave the example of the Kierland Commons in Scottsdale a a Bil in Phoenix. The proposed Centre includes pedestrian frie. , •aths fro ing . .s throughout the Development, outdoor concerts, outdoor eating, type of activities. She stated that several pedestrian bridges be c cted over the washes to create a large single, self sufficient deve -w ferent users will be in the Centre including sit down restaurants s azas .t fo• -staurants allowed), boutiques and a new resort hotel. Sh- ::• that this sect provides the retail and restaurant options to the residents of I, lley a so to visitors and patrons of the resort that residents and visitors currentl • t' e the Town to obtain. She explained that their goal is to develop and attrac s that will be longstanding merchants within the Town and to provide a variety of u -s. Ms. Sylvan explained the phasing of the project and reviewed the proposed changes to the Agreement. She stated that they are requesting to share 45% of the sales tax revenue and 2% of the bed tax revenues from the resort hotel. She clarified that the Town will retain 1% of the 3%bed tax and all of the sales tax from the resort hotel. She explained that the Town taxes the bedrooms in the hotels for a sales tax and a bed tax and said that it is a sales tax that is tacked onto the rooms as well as a bed tax. Timing—the Agreement proposes that the developer submit a development plan for Phase 1 within 3 years and each phase would come every 2 years thereafter. She said that this timing has been requested because of the upfront infrastructure costs and the schedule for phasing. 4/12/04 Minutes,Oro Valley Town Council Special Session 3 Ms. Sylvan stated that they are proposing a change to the timing by agreeing to submit the Phase 1 Development Plan within 18 months of the date of the approval of the Economic Development Agreement, and each subsequent phase within an additional 18 months. She said that instead of 5 phases, they are proposing to reduce the phases to 4 but the resort hotel must be included within one of those 4 phases. She explained that if the resort hotel does not come out in one of those four phases, then there would be no sharing of the bed tax for the resort hotel. She offered that as part of the timing, they would agree to submit the development plan within 18 months of the date of the approval of the Economic Development Agreement. She said that Development Plan review and forwarding for approval by the Town Council would occur within 6 months. Then they would have 18 months after the approval of the development plan stain the first Certificate of Occupancy. Ms. Sylvan stated that it will be in t - n's best interest, and the incentive is now there for CDO Partners to e et the e out of the ground g and producing sales tax revenue for the Town so that CD• n- r � maximize its sharing, and the Town starts receiving sales tax revenue quickly r: 4; lble. Ms. Sylvan stated that because they have shorten: -ir d- Ipment tim- periods, they would like to have the "fast tracking"language b- -d into their economic development agreement. She clarified that "fast trac would not allow them to bypass any approval processes. Ms. Sylvan stated that since they have co sec '' period, sales tax will be generated in a timely manner from this de t s site has extraordinary costs associated with the develops -. ,sly ap ately $11.3 million. They have included enhanced archite, _ {'an a$ dscap .nd dedication of a substantial amount of money to the Oracle R• 4 prod; Dist] above and beyond the infrastructure requirements to develop Ms. Sylvan sta p1• meets the Town's Economic Development Policies, which targe hos an• ice uses, all of which will be offered in the Oro Valley To, tre. She ed that this is one of the few projects that offers 3 out of the 4 component -ting th: own's Economic Development Policy. She stated that the 4th component n s high-tech jobs. She explained that at complete build-out p g this Centre is proje' generate $207,000,000 in sales annually, resulting in $4.5 million annually to th='' own in sales tax and bed tax revenues. The jobs created by the 586,000 square foot retail center, including the resort hotel, will be substantial. The incentives to the developer will not last any longer than 10 years per phase. They are not asking the Town to upfront any infrastructure costs. They are funding regional infrastructure costs through the Oracle Road Improvement District in the amount of$2.1 million, $1.3 million of which is not attributable to specific infrastructure for this project, it is regional in nature. Ms. Sylvan stated that the Oro Valley Town Centre will meet a need not currently met in Oro Valley by providing a higher level of goods and services which is highly desired by the people in the community. 4/12/04 Minutes,Oro Valley Town Council Special Session 4 Ms. Sylvan requested approval of the EDA and reviewed the changes and modifications to the agreement as outlined in her presentation. Economic Development Administrator Jeff Weir stated as indicated by the applicant's presentation, this project is located at the eastern terminus of First Avenue and Oracle Road. Some of the project specifics include: • 225 room full service hotel with 150,000 square feet. • 586,000 square feet total building space, including the hotel. • The Centre does qualify as a retail center. • The landmass is approximately 58 acres. • Project will be built in 4 phases. • The architecture is highly unique and offers an open str- encept. • Emphasis on pedestrian flow. • Large amount of"community space". • Integrated uses planned. • Minimal consumption of land. • Owner/Developer has proven experience *.il -r development and is highly familiar with Oro Valley's requireme 's:f.:...:.::. • Design encourages location of hi -- end retai f;� ° a esses. • Hotel users provided "easy acce ' area. • Integration of multiple uses such o ., 4 , -: ices, retail, some services and lodging will add to retail viability. • proposed as - comn A :¢ Y economic development strategy goals: #11 Encourage uninco resid k A to shop in Oro Valley. #17 Increase Touris] 0 #18 Attract Hospitals as Hotels. #19 Target retail •rovi• The Mayor . ounce 'cto: 101' passed Incentive Policies which this y . __ developm. -ets: ✓ Proje• -rates s ficant sales tax revenues. ✓ Develop 'd: ed as either a community or regional retail center. I Limit the a r -5 of sharing to 50% of the new sales tax revenues expected within a 10-year peri•s. Mr. Weir explained that the CDO Partners as the developers of the proposed Oro Valley Town Centre, have specifically requested: 1. Term of 10 years for each phase. 2. Sharing of 45% (developer)/ 55% (Town). 3. Bed Tax —2% (developer) 1% (Town). Extraordinary Cost Estimates appear to be: Extraordinary Infrastructure $ 3.0 million Upgraded architecture $ 8.5 million 4/12/04 Minutes,Oro Valley Town Council Special Session 5 TOTAL COST ESTIMATES $ 11.5 million 20 Year Financial Impact Considerations: Total New Sales Estimated $ 2.5 Billion • Creates New Sales Tax Revenues of $ 55,220,000 • Town's 10-year shared revenue at 55% $ 14,270,000 • Post-agreement 100% sales tax revenues $ 28,050,000 • Generates one-time fees and other revenues $ 2,720,000 TOTAL NEW TOWN REVENUES $ 45.0 Million TOTAL TO CDO PARTNERS $ _ .9 Million Mayor Loomis opened the public hearing. The following citizens spoke in favor of the Econoi Ievel•pment A_' ent: Joan Hull, 13401 N. Rancho Vistoso #19, Oro Va Jerry Bustamante, 8944 N. Hartman, Executive Direc •rthwest Chamber of Commerce. Ken Blanchard, resident and President o . sY am I' of Commerce, 2003 W. Arizona Rose, Oro Valley. Harold Adair, 8090 N. Northern :venue, -y. Ray Barnes, 10431 N. Starg. Oro ey. Jerry Hoy, 3380 W. West 've, cson. Roger Bonus, 900 W. e iew ' - • • ley. Karen Knotek, 10127 N. Oro Valley. Alisdair Innes, 11 .:,i Ca (rive, Oro Valley. Undecided. Art Segal, 10 Bigh• utte Drive, Oro Valley. Mr. Segal stated that he was undecided and is • 5 story hotel. However, he has trust, faith and confidence in Blake Hastings bec. e is truthful. The following citizens spoke in opposition to the Economic Development Agreement: Helen Dankwerth, 11515 N. Flying Bird Drive, Oro Valley. Bill Adler, 10720 N. Eagle Eye Place, Oro Valley. Alan Dankwerth, 11515 N. Flying Bird Drive, Oro Valley. Doug McKee, 11836 Cassiopeia, Oro Valley. Kenneth Carter, 11530 N. Skywire Way, Oro Valley. Mayor Loomis closed the public hearing. 4/12/04 Minutes,Oro Valley Town Council Special Session 6 MOTION: Vice Mayor Wolff MOVED to ADOPT Ordinance No. (0)04-15 authorizing the Mayor to approve an Economic Development Agreement between the Town of Oro Valley and Canada Del Oro Partners with the following changes: 1. There shall be no more than 4 phases including the hotel. 2. Phase 1 development plan shall be submitted within 18 months of the effective date of this agreement. Phase II development plan submitted within 36 months of the effective date of the agreement. Phase III development plan submitted within 54 months of effective date of agreement. Phase IV development plan submitted within 72 months of effective date of agreement. 3. Within 6 months after submittal of a completed applicat'`r: .r development plan i for any phase, the development plan will be reviewe•r ;�$ .YY? �;L '.:ri':i:'.,':: "{ h�Yn ,:.'•mtted to the Town Council for approval. `L K 4. Developmentapproved,Once the Plan is a roved CDO ' ers will ;f{ p,M to more than 18 months to apply for the first Certificate of 0 oncy for that p 5. Add language to paragraph 8 related to "f. cki • at is foun t i g n Vestar's Agreement, paragraph 7, to provide expel - of issues as they come up, g but not bypassing the correct reviewing body, it body is Town Council or Planning & Zoning following pre I otice in a• 4 nce with the Open Meetings Law and the deletion • 6. Delete Section 10.1 and last sent- o . -• ove any acknowledgement or verification of recitals. 410) MOTION SECONDED b • embe son. In answer to a question I s ri Sylvan, representing CDO Partners replied that if the d- /- opei of meet t e time criteria laid out by the Town Council, then they will he ax revenues. She clarified that any phase not meeting the critei n. To , could not share sales tax revenues. However, for any phase that ,S eet the 'a, the Town would share the sales tax revenues with the developer. In answer to aq ue Mayor Loomis, Ms. Sylvan stated that the phasing will be defined with each de opment plan. In answer to a question by Mayor Loomis, Town Engineer Bill Jansen replied that the Oracle Road Improvement District stands on its own and the internal improvements are separate. Therefore, there will be no conflict between the developer and the Oracle Road Improvement District. Mayor Loomis reviewed concerns/opposition with this Economic Development Agreement submitted by Council Member Abbott. 4/12/04 Minutes,Oro Valley Town Council Special Session 7 Mayor Loomis clarified that the Agreement being approved tonight is the Agreement put before the Council this evening (April 7, 2004). (See motion with conditions listed above). MOTION carried 4—0. Mayor Loomis stated that this is the end of 2+ years of work with various developers putting together economic development incentive policies and Economic Development Policies, and trying to meet the criteria of The General Plan. This has been done to try and improve our economic and tax base. He stated that we have gone through a lot of work and public comment. Those of you who have attended all meetings have noticed that the Agreements have improved and we have learned from our - .erience. Mayor Loomis MOVED to direct staff to review our Econoi -lopment Policies and the Incentive Policies based on the discussions that the e in this last 2—3 months. Bring back revisions to the Council on both t • .centive ' .nd the CEDS. Also to include discussion on non-incremental sales de discussion t performance based incentives and timing associa th t centives. OTION SECONDED by Council Member Johnson. Cou1 y� - Rochman asked that the bed tax incentives be looked at as well. Council Member Johnson agreed that t •evelo. ome economic/commercial base and it is time so' -ale policy with regard to the future, considering annexation areas, etc., . n- phase in Oro Valley that needs some adjustments to our poli -flect Council Member Roch - r at t as a revenue source that was to replace the diminishing revenue • - °LSW ,� �; The plan has always been to replace those revenues with sale rev- which they have been trying to do over the past several months. That f . at awn will be financially secure in the future following the plan tha oun £` de •ed, which will allow us to provide those amenities that the ci of Oro V seem to want such as expansion of the library,parks, roads x and multi-us- He f; lat this is a good start of assuring that we can provide those things in the fut‘ MOTION carried 4— ADJOURNMENT Vice Mayor Wolff MOVED to ADJOURN the special meeting at 9:09 p.m. MOTION seconded by Council Member Johnson. MOTION carriedm4— 0. Respectfully submitted, Kathryn E. Cuvelier, CMC Town Clerk 4/12/04 Minutes,Oro Valley Town Council Special Session 8 I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 12th day of April, 2004. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of ,2004. Kathryn E.Cuvelier, CMC Town Clerk rA�S.F- ,> y f duo c jf; L{ ..S�k.x 1, :+.iii:t�i:v:Q `•iti^'.'h: 4Y � Y Y fwillo { :>;i:�:i ':•,a::'^.!',::.iii:?'::,'•::. DRAFT MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION APRIL 21, 2004 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER ROLL CALL PRESENT: Paul Loomis, Mayor Werner Wolff, Vice Mayor Paula Abbott, Council Member Dick Johnson, Council Member Bart Rochman, Council Member EXECUTIVE SESSION AT OR AFTER 5:30 PM MOTION: A MOTION was made by Council Member Rochman and SECONDED by Vice Mayor Wolff to go into Executive Session at 5:35 for the following purpose: 1. Pursuant to ARS 38-431.03 (A) (3) Legal advice regarding the status of the Oracle Road Improvement District 2. Pursuant to ARS 38-431.03 (A)(7) Discussion regarding the purchase or lease of real property for Town Facilities 3. Pursuant to ARS 38-431.03 (A)(3) & (7) Discussion of a potential condemnation action to obtain portions of the Hopson property for the purpose of extending La Canada Drive, and declaring an emergency to exist 4. Pursuant to ARS 38-431.03(A)(3) Consultation with the Town Attorney regarding possible settlement of the Sheppard, et al. v. Town of Oro Valley Litigation (Case No.: C20030461) Mayor Loomis announced that in addition to the Town Council, the Town Manager, the Town Attorney and the Deputy Town Clerk, Town Engineer Bill Jansen would be present in Executive Session for all four items. He also stated that Scott Ruby would participate via the telephone for Item 1, John Dibene would be present for Item 2, and Brad Woodford would participate via telephone for Item 4. MOTION CARRIED, 5 — 0. MOTION: A MOTION was made by Council Member Johnson and SECONDED by Vice Mayor Wolff to go out of Executive Session at 7:30 p.m. Motion carried, 5 —0. 04/21/04 Minutes, Council Regular Session 2 RESUME REGULAR SESSION AT OR AFTER 7:00 p.m. CALL TO ORDER at 7:43 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Waner Wolff, Vice Mayor Paul Abbott, Council Member Bart Rochman, Council Member Dick Johnson, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis introduced Boy Scott Troop 299 who led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings and events. Mayor Loomis introduce Gary Hayes the new Director for the Pima County Association of Government and thanked him for coming and visiting with the Town. CALL TO AUDIENCE No speakers. 1. CONSENT AGENDA At the request of Council Member Abbott, Mayor Loomis pulled Item D and Item J from the Consent Agenda. MOTION: Council Member Johnson moved to APPROVE the Consent Agenda with the exception of Items D and J. Council Member Rochman SECONDED the motion. Motion carried, 5-0. A. Minutes—3-25-04; 3-29-04 B. Building Safety Activity Report—March 2004 C. Police Report—March 2004 D. Resolution No. (R)04-30 Adopting that document known as the "Rules and Operating Procedures— Oro ValleyParks and Recreation Advisory Board— Op e g March 9, 2004" and making such document a public record (PULLED FOR DISCUSSION ) E. Resolution No. (R) 04-31 Authorizing the Town of Oro Valley to enter into an Intergovernmental Cooperative Agreement with Pima County and Town 04/21/04 Minutes, Council Regular Session 3 of Oro Valley for Community Development Block Grant (CDBG) and Home Investment Partnership Program purposes F. Resolution No. (R) 04-32 Accepting bid and award of contract to Hunter Contracting Co., Inc. in the amount of$3,827,764.00 for the La Canada Drive Extension Project: Tangerine to Moore Road Project No. OV 30 00/01 09 G. Resolution No. (R) 04-33 Accepting bid and award of contract to Pima Paving, Inc. in the amount of$525,831.26 for the Lambert Lane Safety & Capacity Improvements No. OV 30 03/04 09 H. Resolution No. (R)04-34 Approval of an Intergovernmental Agreement between the Town of Oro Valley and the City of Tucson relating to water service and potential acquisition in the area of Oracle Road and Magee and Hardy Roads I. Resolution No. (R)04-35 Approval of an amendment to an Intergovernmental Agreement between the Town of Oro Valley and Pima County relating to Animal Control Services—to extend the IGA for a two year term through June 30, 2006 J. OV12-03-02 Approval of the Final Plat for Vistoso Highlands, 68 single family lots located on the southeast corner of Moore Road and La Canada Drive Extended (PULLED FOR DISCUSSION) K. OV12-02-06A Approval of the Final Plat for 4 commercial/residential lots, located on the southeast corner of Lambert Lane and La Canada Drive L. Resolution No. (R)04-36 Authorizing the filing of a condemnation action to obtain portions of the Hopson Property for the purpose of extending La Canada Drive and Declaring an emergency to exist D. RESOLUTION NO. (R)04-30 ADOPTING THAT DOCUMENT KNOWN AS THE "RULES AND OPERATING PROCEDURES — ORO VALLEY PARKS AND RECREATION ADVISORY BOARD—MARCH 9, 2004" AND MAKING SUCH DOCUMENT A PUBLIC RECORD Council Member Abbott thanked Ainsley Reeder, the Parks and Recreation Administrator, for doing a great job with the Parks and Recreation Advisory Board. She also thanked the Parks and Recreation Advisory Board for reinstating the "Call To Audience"to allowpublic input. She believed that this would add value and create a The p more effective board. MOTION: Council Member Abbott moved to APPROVE Resolution (R) 04-30 g ado tin that document known as the "Rules and Operating Procedures— Oro Valley adopting Parks and Recreation Advisory Board—March 9, 2004. Council Member Rochman SECONDED the motion. Motion carried, 5-0. J. OV 12-02-06A APPROVAL OF THE FINAL PLAT FOR 4 COMMERCIAL/RESIDENTIAL LOTS,LOCATED ON THE SOUTHEAST CORNER OF LAMBERT LANE AND LA CANADA DRIVE 04/21/04 Minutes, Council Regular Session 4 Council Member Abbott stated that she did not agree with platting into conservation easements and the majority of the parcels did. Therefore, she found the final plat objectionable. MOTION: Council Member Johnson moved to APPROVE OV 12-03-02, Vistoso Highlands Final Plat subject to the conditions listed in Exhibit "A" attached,herewith. g J Vice Mayor Wolff SECONDED the motion. Motion carried, 4-1, Council Member Abbott opposed. Exhibit "A" Conditions of Approval OV12-03-02 Check the Final Plat for errors and inconsistencies between the closure calculations,the curve and line data tables on sheet 3 and the data depicted on the final plat sheets listed below: 1. Check the curve radius and delta angle for curves C49, C62, C63 and C65 on sheet 5. 2. Correct the sequence of curve and line data in the closure calcs to match the final plat sheet 5 sequence shown for C66 thru C60 and add C59 to the calculations. 3. Check the curve radius, arc length and delta angle for curves C53 thru C51 on sheet 5. The minimum curve radius for C51 and C52 is 50-ft.per the Town of Oro Valley Subdivision Street Standards section 4.2-1-b 4. Check the delta angle for curve C113 shown on sheet 6. 5. Add C118 to the sequence of curve and line data in the closure calcs to match the finalp lat sheet 7 sequence shown for curves C8 thru C29 and correct arc length for C29 in the closure calculations. 6. Check the curve radius and delta angle for curves C30 and C37 shown on sheet 7 7. Check the radius, arc length and delta angle for curve C47 shown on sheet 7 8. Check lot 47 on sheet 9 for appropriate drive location. Drive location star is shown where a l' NAE exists. 9. Check the radius, arc length and delta angle for C12 and C38 on sheet 9. The minimum curve radius for C12 is 50-ft. per the Town of Oro Valley Subdivision Street Standards section 4.2-1-b. 10. Check the delta angle for curves C20A, C21 on sheet 9 and the radius for curve C21A on the curve data table. 11.Check the bearing at the north east corner of basin A. S61°48'32"W is shown on sheet 9 of the plat verses S61°47'49"W in the closure calculations. 12. Correct the type-over of L18 shown on Sheet 9 at basin C on sheet 10 • 04/21/04 Minutes, Council Regular Session 5 2. RECOGNITION OF IRONWOOD RIDGE HIGH SCHOOL SCIENCE FAIR PARTICIPANTS Bob Kovitz, Public Information Officer, reported that the Hilton El Conquistador hosted the 2004 BioPartnering Conference and Expo on April 5 and 6, 2004. He reported that students from the local schools were invited to share their bioscience related projects with the scientist in attendance. He then welcomed the students from Ironwood Ridge High School and their teacher, Mr. Jim Ewing, and honored them for their projects and their enthusiastic participation in the conference. Mr. Ewing stated that it was a pleasure to spend time with tomorrow's scientists and introduced the following 4 students that participated in the conference: Karys Washburn—Neumonic device research. Emily Madhoush—Plant research. Mahsa Adeli—Plant research. Mitra Adeli—Genetic research and 1St place winner at the Tucson Community Center Conference. Dr. David Thorp, on behalf of the Bio Industry Organization of Southern Arizona thanked, the Town for participating both financially and personally and for helping the conference to be such a success. He gave special thanks to Jeff Weir, Karen Greenspoon and Bob Kovitz for their help and support. Mayor Loomis congratulated the participants and presented them with a Town of Oro Valley Pen. Council Member Abbott stated that she was impressed with the student's projects and hoped that future BioPartnering conferences would continue to incorporate youth involvement. 3. REAPPOINTMENT OF FOUR MEMBERS TO THE PLANNING AND ZONING COMMISSION WHOSE TERMS ARE DUE TO EXPIRE JUNE 30, 2004 MOTION: Vice Mayor Wolff MOVED to RE-APPOINT Mr. Don Cox and Mr. Ken Kinared for new terms expiring June 30, 2005. He also moved to re-appoint Mr. Robert Krenkowitz and appoint Mr. John Anning for new terms expiring December 31, 2004 with the understanding that both gentlemen will enroll and complete the next Citizens Planning Institute beginning October 2004. Council Member Johnson SECONDED the motion. Discussion: Council Member Abbott stated that citizens who serve on the boards and commissions need to understand they serve a very important roll and should be respectful to other citizens. She added that when members of a committee or board are attending the various meetings they should keep in mind they are representing the Town. 04/21/04 Minutes, Council Regular Session 6 MOTION carried, 5-0. 4. RESOLUTION NO. (R)04-37 APPROVING AND AUTHORIZING EXECUTION OF A CONTRACT WITH LVH CONSTRUCTION INC.IN THE AMOUNT OF$193,480.00 FOR CONSTRUCTION OF A NEW RESTROOM FACILITY AT JAMES D. KRIEGH PARK In answer to a question from Council Member Johnson, Community Development Director Brent Sinclair explained that the project could take about 90 days to complete but they would try to accelerate the process. MOTION: Council Member Rochman move to APPROVE the award of bid to LVH Construction Inc., the lowest responsible bidder, for a total project cost of$193,480 for project Number OV-PR-04-01 New Restroom Facilities at James D. Kriegh Park utilizing $193,480.00 from the Town General Fund contingency; and to approve Resolution No. (R) 04-3 7 authorizing and directing the Town Manager to enter into contract with LVH Construction Inc. Council Member Abbott SECONDED the motion. Motion carried, 5- 0. 5. ANNEXATION PUBLIC HEARING REGARDING A REQUEST TO ANNEX APPROXIMATELY 20.45 ACRES OF UNINCORPORATED TERRITORY LOCATED NORTH AND WEST OF THE CURRENT TOWN LIMITS IN SECTION 34, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTH 30 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER(ANNEXATION AREA H) Scott Nelson, Special Projects Coordinator, reviewed the report. He explained that on March 17, 2004 the Mayor and Council voted to initiate the annexation process for approximately 20.45 acres of unincorporated territory located north and west of the pp y current Town limits near the La Canada and Tangerine Road intersection. He explained that this annexation was in compliance with the Oro Valley general planning area, and would be identified as Annexation Area H. Carl Winters, representing the Kay family and the Montgomery family stated that they were looking forward to becoming a part of the community. In answer to a question from Council Member Abbott, Carl Winters reported that the General Plan that was adopted by Council had not been ratified by the voters. He explained that the recommendation for certain land uses were never objected to by p anyone throughout the entire process; therefore, the Planning Resources group would like to implement the Plan that was developed and approved by the Town. Mayor Loomis opened the public hearing. There being no speakers the public hearing 04/21/04 Minutes, Council Regular Session 7 was closed. No action was necessary for this item. 6. RESOLUTION NO. (R)04-38 AUTHORIZING AND APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND PIMA COUNTY FOR THE IMPLEMENTATION OF THE 2004 PIMA COUNTY BOND ISSUE PROJECT FUNDING Town Manager Chuck Sweet asked that this item be continued to the May 5th meeting to give the Town Attorney and himself time to work through some of the language with Pima County so that both the Oro Valley Council and the Pima County Board of Supervisors could take action on the same document. MOTION: Council Member Johnson moved to CONTINUE this item to May 5th, 2004. Council Member Wolff SECONDED the motion. Discussion: Council Member Abbott requested that staff prepare a resolution of support of the Pima County Bond issue for as other communities have done. Mayor Loomis stated that the Town Attorney has advised the Council against doing such a thing. He explained that the State had taken some action and that the wording that Marana used was very questionable. He explained that the wording had been so diluted that it didn't really do anything from a Town position. He stated that as individuals, members of the Council could take a position but there should not be a position taken as a Town. Mark Langlitz, Town Attorney, agreed. MOTION carried, 5-0. TOWN MANAGER'S REPORT None COUNCIL REPORTS Council Member Johnson reported that he would be meeting with Metropolitan Tucson Convention and Visitors Bureau to review strategic plans to encourage tourists and visitors in the region. He stated that he would be interjecting Oro Valley's desire to move in that direction and to get dollars into the community. DEPARTMENT REPORTS None CALL TO AUDIENCE 04/21/04 Minutes, Council Regular Session 8 No speakers. ADJOURNMENT MOTION: Council Member Johnson moved to adjourn the meeting at 8:21 p.m. Vice Mayor Wolff seconded the motion. Motion carried, 5-0. Respectfully submitted, Linda Hersha, Secretary II I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the_21st_day of April,2004. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of ,2001. Kathryn E. Cuvelier, CMC Town Clerk TOWN OF ORO VALLEY OUNCIL COMMUNICATION MEETING DATE: May 5, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Budget and Bond Committee Report to Council for the Quarter Ended March 31, 2004 SUMMARY: On April 26, 2004, the Budget and Bond Committee held its regular quarterly meeting. The Committee reviewed the budget-to-actual comparisons of revenues and expenditures from the g finance report. The recommendation was to forward the report to the Council for approval. The Committee was briefed on the Town's use of proceeds from long-term debt issuances. The two long-term issuances reviewed were Water Development Fee Revenue Obligations, Series 2000 and Municipal Property Corporation al Pro ert Cor oration Senior Lien Water Project Revenue Bonds, Series 2003. Furthermore, the Committee also reviewed drafts of local sales tax ordinances for utilities and 9,lecommunic ations. Bya vote of 3-1, the Committee moved to deny a favorable recommendation for ,;ouncil adoption of these ordinances. The Finance Director distributed The Town Manager's Recommended Budget to the Committee Membersgave and a brief overview of revenues and expenditures for FY 2004/2005. The Town was also in attendance, providing responses to questions from the Committee members Manager regarding various other Town issues. ATTACHMENTS: 1. Draft minutes of the April 26, 2004 Budget and Bond Committee meeting. 2. Finance Report for the Quarter Ended March 31, 2004 SUGGESTED MOTION: I move to approve the Budget and Bond Committee report to Council for the quarter ended March 31, 2004. or I move to . . . G:ICOUNCILIBBC Report to Council 5-5-04.doc TOWN OF ORO VALLEY OUNCIL COMMUNICATION Page 2 of 2 1112 ea,a,...,... David L. Andrews Finance Director 041 Chuck Swee Town Manager G:ICOUNCILIBBC Report to Council 5-5-04.doc 1 DRAFI MINUTES TOWN OF ORO VALLEY BUDGET AND BOND COMMITTEE REGULAR MEETING HOPI ROOM DEVELOPMENT SERVICES BUILDING 11,000 N. LA CANADA DRIVE ORO VALLEY, ARIZONA MONDAY, APRIL 26, 2004 7:00 P.M. CALL TO ORDER—7:07 P.M. ROLL CALL PRESENT: Honey Pivirotto, Chair Lyra Done, Vice-Chair Anil Hiremath, Member Bob Schlichting, Member EXCUSED: Bob Jennens, Member STAFF PRESENT: David Andrews, Finance Director Chuck Sweet, Town Manager Brent Sinclair, Community Development Director Mary Rallis, Accounting Supervisor Joseph Meyer, Management &Budget Analyst Danielle Tanner, Secretary IV 1. MINUTES FROM THE JANUARY 26, 2004 REGULAR MEETING MOTION: Member Schlichting MOVED to approve the minutes from the January 26, 2004 Committee meetingas amended. Vice-Chair Done SECONDED the motion. Motion carried, 4- 0. 2. UPDATE ON THE NARANJA TOWN SITE PLANS Mr. Sinclairp resented the Naranja Town Site Master Plan. There are three major components: the community center, the indoor performing arts center, and the outdoor performing arts amphitheatre. Mr. Sinclair handed out a Naranja Townsite Professional Services Matrix which describes the steps for planning a site of this level. Mr. Sinclair handed out a Needs Assessment Executive Summary which explains the process. The process began by hiring a consulting firm, Web Management Services,who interviewed . variousperformance groups to see what activities people are involved in and if they could use �' p additional space. The firm then did an inventory of all of the performing arts facilities in the Tucson region. They also attained marketing rketin data. One of the most important statistics they 'onal attainment is the greatest factor in determining the usage. found was that the level of educate Web Management Services says that there is a need for some type of community arts center in recommendation is that the Town should explore a community arts center Oro Valley. Their first of the performing arts space (approximately 200-300 seats) and the remainderthat has a small perfo g facility, which on. Their second recommendation is an enclosed outdoor y, space for arts education. would be a covered area of 1,000-1,500 seats. Their third recommendation is to combine the community arts center and the enclosed outdoor facility. a businessplan for the indoor and outdoor performing arts center The firm also recommendedwill show how financial side these types of facilities. The business plan wil which illustrates the � many groups would use the facilityand how much they would pay. It would also reveal how much it would cost in operations and maintenance and how much the Town would recoup. Vice- Chair Done pointed out that the Temple of Music and Art was not in the study. The programming phase is the process of takingthese recommendations and allocating a floor asked who would be doing the business plan and programming. Mr. plan. Chair Pivirotto firm would continue with the business plan and an architectural Sinclair indicated that the same Chair Pivirotto mentioned having extra space for future firm would do the programming. plan at the facility. A business will be presented to the Council in May. Member Hiremath suggested researching past projections from the firm. 3. QUARTER ENDED MARCH 31, 2004 BUDGET TO ACTUAL REVIEW OF TOWN REVENUES AND EXPENDITURES/EXPENSES that the Town has updated the finance report projections through the 3rd Mr. Andrews stated p The fund balance projections will carry forward into the FY 2004/05 quarter, March 31 2004. p J Budget. Mr. Meyer reported that Commercial and Residential building permit revenue collections are higher than anticipated. General Fund revenues are estimated to exceed the budget by $317,000.000. Overall Local sales tax collections are up 55% from last year. Unfortunately, due to a software conversion at the Arizona Department of Revenue the Town cannot break down our sales taxes into construction, restaurants and bars, hotel/motel, etc. However, they expect this problem to be fixed around next month. Mr. Andrews indicated that Projects Coordinator, took the fiscal impact analysis of Area B and Scott Nelson, Special Pro compared it to actualperformance erformance and found the original fiscal impact analysis to be very accurate. Mr. Meyer reported that singlefamily 391 residential building permits were issued through March. The Town budgeted 400 and if the trend continues it will be around 500. Commercial by 148% due mainly to the Triad Hospital. have exceeded their building permit revenuesbudget General Fund expenditures are $1.1 million lower than expected but much of that could be attributed to the COPS grant for $240,000 carried over to next year and $250,000 for CIP to be carried forward to next year. There is a carryover of$565,000 in grant revenues in the Highway Fund from the Pima CountyAssociation of Governments. State Shared Fuel Funds are lower lag.anticipated due to an accountingla . The Townwide Roadway Development Impact Fund revenues are 94% of budget.the bud et. This fund is expected to close slightly higher than the budget. F:\MINUTESIBUDGET AND BOND14-26-04.doc 2 Water Utility Sales are slightly lower than forecasted. Charges for services and meter income better than expected. Non-operating revenues such as Water are approximately 138% p Connection Fees, Water Impact Fees and Interest Income are averaging higher than budget at about 158%. • SchlichtingMOVED to accept the Finance Report as presented for the MOTION. Member p month ended March 31st, 2004. Member Hiremath SECONDED the motion. Motion carried, 4- 0. 4. REVIEW OF TOWN USE OF PROCEEDS FROM LONG-TERM DEBT ISSUANCES: that the remainingfunds for the Series 2000 Water Development Fee Ms. Rallis reported 6 Those funds are expected Revenue Obligation are $617,136. to be spent within the next. the Town issued a Senior Lien Water Project Revenue Bond for months. In December of 2003,expansion related improvements, potable water system existing system potable water systems exp improvement projects, and reclaimed water delivery system projects. The reclaimed water projects are expected to be complete bythe end of next fiscal year, June 30, 2005. The potable system improvements will be a 3-fiscal year project. quarterlyreview of proceeds from long-term debt issuances Member MOTION: With regard to Hiremath MOVED to forward the report to Town Council with a favorable recommendation for Council acceptance. Vice Chair Done SECONDED the motion. Motion carried, 4-0. 5. CONSIDERATION AND POSSIBLE RECOMMENDATION REGARDING DRAFT ORDINANCES FOR UTILITIES AND TELECOMMUNICATIONS LOCAL SALES TAXES Chair Pivirotto indicated that due to the continuing decrease in the General Fund cash reserves of uncertaintyabout several of the major commercial projects, she believes we and the level should go forward with a favorable recommendation for Council adoption of Utility and taxes. Member Hiremath stated that we have enough in reserve at this point Telecommunication and it may not be necessaryto recommend more taxes. Member Schlichting said that the taxes at this time and the Police Department costs should be evaluated and should not be implemented compared to other municipalities.alities. Vice-Chair Done said that the economic situation in the Tucson Metro area improving has been im rovin and she believes it will continue to improve in Oro better to wait another year without adding more taxes to the residents. Mr. Valley. It may be respect for the opinions of the Committee members and stated that he Andrews expressed hisp . forward with a positive staff recommendation through the Managers Office. will probably go MOTION: Member Schlichting MOVED to deny sending the Ordinance for Telecommunication Services forward to Town Council with a favorable recommendation for adoption. Member Hiremath SECONDED the motion. Motion carried, 3-1. Chair Pivirotto opposed the Motion. MOTION: Member SchlichtingMOVED to deny sending the Ordinance for Utility Services forward to Town Council with a favorable recommendation for adoption. Member Hiremath SECONDED the motion. Motion carried, 3-1. Chair Pivirotto opposed the Motion. F:IMINUTESIBUDGET AND BOND14-26-04.doc 3 6. TOWN MANAGER'S RECOMMENDED BUDGET FOR FY 2004/2005 The Fg Y 2004/05 Town Manager's Recommended Budget was distributed and Mr. Andrews highlighted assumptions hli hted some of the prior to consideration of item 5. This year staff is recommending an additional 16 positions. Staff is recommending a 1.6% COLA adjustment for recomm g all employees.to Staffingalso recommends a step increase for all eligible commissioned officers and up to a 4% merit for other Town employees. A 20% increase in health insurance premiums and dental insurance is budgeted. The General Fund indicates revenues of about $19.4 million and expenditures of around $20.7. That is a $1.3 million budgeted deficit. That figure includes approximatelyan 8.0% increase in revenues. The Town has a developer's survey which substantiates antiates movingforward with 500 residential building permits for 04/05. The recent 2% increase on the construction sales tax rate includes 75% earmarked for streets and road maintenance and approximately $525,000 will be staying in the General Fund. ADJOURNMENT MOTION: Member SchlichitngMOVED to ADJOURN the meeting at 9:05 p.m. Member Hiremath SECONDED the motion. Motion carried, 4-0. 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V/Y%ji,•.:?;: fq;+sir .iia;' ' 1:': L ::..,:; V ""5 ,..i:'.Y:: a Town of Oro Valley GENERAL FUND Budget Compared to Actuals Report Through March 31st 2004 Year Completed 9of12OR 75% March Y-T-D 2003/2004 Percentage of Actuals Actuals Total Budget Budget Completed REVENUES: Local Taxes $ 865,181 $ 5,976,300 $ 7,330,000 81.5% Licenses&Permits 187,722 2,032,895 1,821,000 111.6% Federal Grants 28,152 145,851 567,000_ 25.7% State Grants 11,162 93,612 88,500 105.8% _ State Shared 814,580 5,090,577 6,680,000 76.2% Other Intergovernmental - 192,636 490,893 39.2% Charges for Services 99,701 557,356 554,300 100.6% Fines 28,062 165,589 200,000 82.8% Interest Earnings 6,405 124,050 125,000 99.2% Miscellaneous 1,415 79,519 124,500 63.9% Fund Balance Carryforward - - 7,185,252 TOTAL REVENUES $2,042,380 $ 14,458,385 $ 25,166,445 80.4% EXPENDITURES: Town Council $ 4,253 $ 99,040 $ 141,088 70.2% Town Clerk 19,072 229,504 407,471 56.3% Magistrate Court 42,746 355,097 487,037 72.9% Town Manager 26,791 255,933 338,909 75.5% Human Resources 18,978 173,408 220,467 78.7% Economic Development 17,545 302,552 1,039,630 29.1% Finance 38,345 329,180 477,867 68.9% Information Technology 24,800 235,321 317,984 74.0% Legal 45,796 388,765 557,781 69.7% Community Development Administration 50,626 275,673 373,701 73.8% Planning&Zoning 67,059 498,174 792,947 62.8% Parks&Recreation 92,736 937,060 1,373,436 68.2% Library Services 51,428 488,000 962,098 50.7% Geographical Information Services 4,476 64,375 116,390 55.3% Police 711,100 5,876,991 8,394,768, 70.0% Police-Grant Contingency - - 93,500 0.0% Building Safety 88,199 786,275 1,249,095 , 62.9% Public Works 25,668 199,513 319,336 62.5% Custodial&Facility Maintenance 13,996 103,595 157,773 65.7% General Administration: Operations&Maintenance 15,658 188,740 374,712 50.4% Capital Outlay 36,759 42,749 - 0.0% Transfers to Other Funds - 1,246,168 1,246,168 100.0% Contingency - $ - $ 5,724,287 0.0% 'TOTAL EXPENDITURES $1,396,031 ' $ 13,076,116 $ 25,166,445 67.3% 'REVENUE LESS EXPENDITURES $ 646,349 $ 1,382,269 UNENCUMBERED BALANCE AT JULY 1, 2003 $ 7,571,947 CURRENT FUND BALANCE $ 8,954,216 G:\JOSEPH\3Q Reports and Letters\April 2003-2004 FINANCE REPORT Town of Oro Valley HIGHWAY REVENUE FUND Budget Compared to Actuals Report Through March 31st 2004 Year Completed 9of12OR 75% March Y-T-D 2003/2004 Percentage of Actuals Actuals Total Budget Budget Completed REVENUES: Licenses&Permits $ 1,921 $ 21,178 $ 22,000 96.3% 16,974 7,478 565,000 1.3% PAG Reimbursements � ) State Shared Fuel Tax 294,347 1,621,626 2,669,000 60.8% Charges for Service 518 518 6,000 8.6% Interest Income 1,579 16,754 20,000 83.8% Miscellaneous 260 61,628 2,000 3081.4% Fund Balance Carryforward - - 1,434,133 0.0% TOTAL REVENUES $ 281,651 $ 1,729,182 1$ 4,718,133 52.7% EXPENDITURES: Personnel $ 110,604 $ 930,775 $ 1,280,829 72.7% Operations&Maintenance 63,834 500,467 931,496 53.7% Capital Outlay 7,849 65,964 1,927,500 3.4% Contingency - - 578,308 0.0% 'TOTAL EXPENDITURES $ 182,287 $ 1,497,206 $ 4,718,133 36.2% REVENUE LESS EXPENDITURES $ 99,364 $ 231,976 , UNENCUMBERED BALANCE AT JULY 1,2003 $ 1,635,627 CURRENT FUND BALANCE $ 1,867,603 G:\JOSEPH\3Q Reports and Letters\April 2003-2004 FINANCE REPORT a Town of Oro Valley PUBLIC TRANSPORTATION FUND Budget Compared to Actuals Report Through March 31st 2004 Year Completed 9of12OR 75% March Y-T-D 2003/2004 Percentage of Actuals Actuals Total Budget Budget Completed REVENUES: Federal&State Grants $ - $ 52,167 $ 68,580 76% Local Transportation Assistance Funds 23,377 165,850 194,000 85% Charges for Services 2,920 23,330 31,500 74% Interest Income 160 1,078 1,000 108% Transfer from General Fund - 101,592 101,592 100% Donations - 110 - 0% Other Financing Sources - 11,925 - 0% Fund Balance Carryforward - - 41,648 0% TOTAL REVENUES $ 26,457 $ 356,052 $ 438,320 89.8% EXPENDITURES: Personnel $ 18,001 $ 185,856 $ 267,944 69% Operations&Maintenance 6,314 47,976 102,198 47% Vehicles - - 60,000 0% Contingency Fund - - 8,178 0% TOTAL EXPENDITURES $ 24,315 $ 233,832 $ 438,320 54.4% REVENUE LESS EXPENDITURES $ 2,141 $ 122,221 + UNENCUMBERED FUND BALANCE AT JULY 1,2003 $ 51,870 CURRENT FUND BALANCE $ 174,091 G:\JOSEPH\3Q Reports and Letters\April 2003-2004 FINANCE REPORT s Town of Oro Valley TOWNWIDE ROADWAY DEVELOPMENT IMPACT FEES FUND Budget Compared to Actuals Report Through March 31st 2004 Year Completed 9 of 12 OR 75% March Y-T-D 2003/2004 Percentage of Actuals Actuals Total Budget Budget Completed REVENUES: PAG Reimbursements $ 47,609 $ 7,027,450 $ 8,591,000 81.8% Interest-Investments 5,476 43,477 - 0.0% Development Impact Fees 121,000 885,068 803,000 110.2% Pima County Bond Proceeds 716,470 4,091,525 3,000,000 136.4% Miscellaneous 350 14,891 4,000 372.3% Transfer from Capital Project Fund - - 400,000 0.0% Fund Balance Carryforward - - 8,494,373 0.0% TOTAL REVENUES $ 890,905 $12,062,410 $ 21,292,373 94.3% EXPENDITURES: Personnel $ 21,693 $ 148,235 $ 275,810 53.7% Operations&Maintenance 13,332 29,812 109,325 27.3% Capital Improvements 1,238,240 9,864,020 20,907,238 47.2% Debt Service - 19,977 - 0.0% Contingency - - - 0.0% TOTAL EXPENDITURES $ 1,273,264 $10,062,043 '$ 21,292,373 i 47.3% REVENUE LESS EXPENDITURES $ (382,359) $ 2,000,367 UNENCUMBERED BALANCE AT JULY 1,2003 $ 5,409,262 CURRENT FUND BALANCE $ 7,409,629' G:\JOSEPH\3Q Reports and Letters\April 2003-2004 FINANCE REPORT Town of Oro Valley ORO VALLEY WATER UTILITY Budgeted Income Statement Through March 31st 2004 Year Completed 9 of 12 OR 75% March Y-T-D 2003/2004 Percentage of Actuals Actuals Total Budget Budget Completed OPERATING REVENUES: Water Revenues $ 598,755 $ 5,928,709 $ 8,873,000 66.8% Service Charges&Meter Income&Miscellaneous 70,542 544,892 395,100 137.9% TOTAL REVENUES $ 669,297 $ 6,473,601 $ 9,268,100 69.8% OPERATING EXPENSES: Personnel $ 148,120 $ 1,189,828 $ 1,642,573 72.4% Depreciation&Amortization 12,825 1,014,870 1,861,700 54.5% Operations&Maintenance 241,825 1,880,311 3,960,549 47.5% 'TOTAL OPERATING EXPENSES $ 402,771 4 $ 4,085,008 $ 7,464,822 r 54.7% OPERATING INCOME $ 266,526 $ 2,388,593 $ 1,803,278 132.5% NON-OPERATING REVENUES(EXPENSES) Water Connection Fees 323,222 1,408,433 919,600 ' 153.2% Alternative Water Impact Fees 39,900 203,393 120,000 169.5% Interest Income 23,012 145,680 $ 95,000 i 153.3% (Interest Expense) (310,244) (1,992,118) 3,401,446 -58.6% (Bond Issuance Costs) - - (492,742) 0.0% TOTAL NON-OPERATING REVENUES (EXPENSES) $ 75,890 $ (234,613) $ 4,043,304 -5.8% NET INCOME $ 342,416 $ 2,153,981 $ - DETAINED EARNINGS AT July 1,2003 $ 14,195,507 CURRENT RETAIINED EARNINGS $ 16,349,488 G:\JOSEPH\3Q Reports and Letters\April 2003-2004 FINANCE REPORT s Town of Oro Valley ORO VALLEY WATER UTILITY Capital Budget Through March 31st 2004 Year Completed 9of12OR 75% March Y-T-D 2003/2004 Percentage of Actuals Actuals Total Budget Budget Completed CAPITAL BUDGET Minor Assets _ $ 3,986 $ 8,047 $ 11,400 70.6% Meters 36,777 97,101 110,000 88.3% Wells i 215,164 538,229 1,096,000 49.1% Booster Stations 6,800 49,179 500,000 9.8% Reclaimed Water Booster Stations - 69,211 500,000 13.8% Transmission/Distribution Main 111,108 1,406,155 3,482,725 40.4% Reclaim Water-Mains 71,330 376,415 3,000,000 12.5% Reserviors - 162,968 250,000 65.2% Reclaimed Water-Reserviors 1,800 75,167 435,000 17.3% Structures - - 140,000 0.0% Vehicles - 58,171 58,000 100.3% Equipment (690) 14,187 i 52,500 27.0% Security Equipment 2,408 5,102 100,000 0.0% TOTAL CAPITAL BUDGET ' $ 448,682 $ 2,859,931 $ 9,735,625 ' 29.4% G:\JOSEPH\3Q Reports and Letters\April 2003-2004 FINANCE REPORT TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: May 5, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: David Ruiz, Engineering Division Administrator SUBJECT: RECLAIMED WATER SYSTEM, PHASE 1,Resolution No. (R) 04- 39 a resolution of the Town of Oro Valley, Pima County, Arizona, Authorizing Approving A roving an acquisition agreement with Vistoso Partners, L.L.C. forurchasin property for the construction of a reclaimed water p g reservoir and booster station. SUMMARY. • Subjectpropertyis located at an elevation and location that will provide p mum o tioperation of a 1.5 million gallon reservoir and booster station. The p property includes 2.11 acres for the reservoir and booster station and 0.82 acres p y for the ingress/egress and utility easements. The property was appraised by an outside appraiser and the value established $219,766.00, was offered and accepted by Vistoso Partners, L.L.C. FISCAL IMPACT: Funds are identified in the 2003-2004 fiscal year budget. ATTACHMENTS: 1. Resolution No. (R) 04- 39 • 2. Sketch 3. Appraisal approval Staff recommends of Resolution No. (R) 04- 39 SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Resolution (R) 04-39 , a resolution of the Town of Oro Valley, Pima County, Arizona, Authorizing and Approving an acquisition agreement with Vistoso Partners, L.L.C. for purchasing property for the construction of a reclaimed reservoir and booster station. or I move to • k/f, - Engineering Division : inistrator ater Uti ity Direc or Town anager ii:•.1..1-EY Az 0 ."--------"1/ — , A k A Oti - - Aolb, NDED ,' ATTACHMENT Resolution , RESOLUTION NO. (R) 04- 39 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING AN ACQUISTION AGREEMENT WITH VISTOSO PARTNERS, L.L.C. TO PURCHASE PROPERTY FOR THE RECLAIMED WATER RESERVOIR AND BOOSTER STATION. WHEREAS, the TOWN OF ORO VALLEY is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and granted municipalities and political subdivisions under the Constitution and laws of exemptions p the State of Arizona and the United States; and WHEREAS, the Town selected a site that would accommodate the proposed reservoir and booster station to serve Oro Valley reclaimed water customers; and WHEREAS, the Town had subject site appraised by an outside appraiser and negotiated the purchase price with Vistoso Partners, L.L.C.; and WHEREAS, it is in the best interest of the Town to enter into the agreement, attached hereto as Exhibit No.1 and incorporated herein by this reference (the "Agreement") with Vistoso Partners, L.L.C. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Contract between the Town of Oro Valley, Arizona, and Vistoso Partners, L.L.C. is hereby approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Contract. Mayor AND ADOPTED bythe Ma or and Town Council of the Town of Oro Valley, Arizona this 5th Day of May , 2004. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Mark Langlitz, Town Attorney LEY q �O r f o 4,47 o ;� ti ::74,w, , t, p ith;'''''''' itt. iA s T A y ii, bi 0(j.. A 41 DED EXHIBIT NO. 1 Acquisition Agreement P 7 4k,1141," kli m III vilcAlq,imi-$ = R 1;—....-- . i 41114.11; 1.1.41 I o0 :i'llo 0 0.....I I b K ‘01.1 Cy" NI ,i.,.x.s ;4� \\ % :: 5):..g5c4:' II r " 8. (.. , AA a l .• 160 !1 ihi F1' ', tai 0 Smg t dig M d Iltrp '17. RINE k,-,' c) e illz k ifi i ;1 g il '4 0 11 11 ; ic Ili *No n ' sr ,.sv ir lq 11 .t4 U g g o , L TOWN OF ORO VALLEY REAL PROPERTY ACQUISITION AGREEMENT This Real Property Acquisition Agreement ("Agreement") is made by and between Vistoso Partners L.L.C. (the "Owner"), and The Town of Oro Valley, a political subdivision of the State of Arizona (the "Town"). 1. Property. The Owner is the owner of a parcel of property within Oro Valley (the "Owner's Property") as described in Exhibit A, including all improvements located thereon. 2. Fee Title. The Town has determined the need to acquire fee title to Owner's Property. In lieu of court proceedings and further to its power of eminent domain,the Town agrees to acquire fee title to the Property for Two-hundred nineteen thousand seven-hundred and sixty- six dollars ($219,766.00). The Warranty Deed transferring title from Owner to the Town shall be in substantial conformance with the Deed Form attached hereto as Exhibit B. 3. Warranty Deed. The Owner shall convey to the Town title to the Property, free and clear of all liens and encumbrances and subject only to those matters identified in Exhibit C, by Warranty Deed. 4. Forms. Any and all other closing documents shall be done on forms to be provided by the Town's title company of choice. 5. Title Search. In the event the title to the Property cannot be cleared to the satisfaction of the Town pursuant to a title search,this agreement shall be void. 6. Security Interest. Monies payable under this Agreement may be due to holders (the "Lienholders") of certain notes secured by mortgages or deeds of trusts,up to and including the total amount of unpaid principal, interest and penalty on the notes, if any, and shall, upon demand by the Lienholders, be paid to the Lienholders. Owner shall obtain from the Lienholders releases for any fee transfer for the Property. 7. Closing. Closing shall be on or before the 30th day after the date of execution of this Agreement. 8. Environmental Representations. Owner hereby represents and warrants that, to the best of Owner's knowledge,no pollutants, contaminants,toxic or hazardous substances,wastes or materials have been stored,used or are located on the Property or within any surface or subsurface waters thereof; that no underground tanks have been located on the Property;that the Property is in compliance with all Federal, State and local environmental laws, Page 1 of 5 regulations and ordinances; and that no legal action of any kind has been commenced or threatened with respect to the Property. 9. Environmental Indemnification. The Town and the Owner agree that neither party is assuming anyobligation of the other party relating to any potential liability, if any, arising g from the environmental condition of the Property, and each party shall remain responsible for its obligations as set forth by law. 10. Environmental Inspection Rights. Owner shall permit Town to conduct such inspections of the Property as the Town deems necessary to determine the environmental condition of the Property. If the investigations reveal the presence of contamination or the need to conduct environmental clean up, Owner shall conduct the clean up of the Property adequate to bring the Property into compliance prior to closing or the Town may terminate this Agreement. If environmental inspection reveals possible contamination, the parties hereby mutually agree to extend date of closing for a reasonable time for Owner to complete environmental clean up.- 11. No Leases. Owner warrants that there are no oral or written leases on any portion of the Property. 12. Closing Costs. Expenses incidental to transfer of title, including title reports, recording fees, escrow fees,releases and Owners Title Insurance Policy, shall be paid 100%by Town. 13. Right of Entry. The Owner hereby grants to Town, its agents and contractors a right-of- entry to the Property upon execution of this Agreement for the purposes of developing a Reclaimed Water Reservoir and Booster Site. 14. No Sale. Owner shall not sell or encumber the Property before closing. 15. Conflict of Interest. This Agreement is subject to A.R.S. 38-511 which provides for cancellation of contracts by The Town of Oro Valley for certain conflicts of interest. 16. Survival of Representation and Warranties. All representations and warranties contained herein shall survive the closing. 17. Entire Agreement. This signed document shall constitute the entire Agreement between the parties and no modification or amendment to this Agreement shall be binding unless in writing and signed by both parties. The performance of this Agreement constitutes the entire consideration by Town, including all just compensation and severance damages to the remainder property and shall relieve the Town of all further obligation or claims relating to Property. Page 2 of 5 TOWN OF ORO VALLEY BY: e______ io/v..- ----------------_..._ Mayor Owner DATE. DATE: 3-3 1- . ATTEST: BY: Town Clerk Oro Valley, Arizona 85737 REVIEW AS TO FORM: BY: Town Attorney DATE: STATE OF ARIZONA ) . ) ss: COUNTY OF PIMA ) On this 3Oday of 2004, before me the subscriber personally appeared Thutitem W /G&ui'tJ , to me known and known by me to be the person who executed the within Agreement and (s)he duly acknowledged to me that (s)he executed the same. 1 ,,,,,,,, NOOTARY PUBUC ': ..�, STATE OF ARIZONA N.41, �' KARLA WILSON /14-6t-/01-ea)\- My Commission Expires Nov.28,2005 Notary My Commission Expires: /( kf-OS Page 3 of 5 EXHIBIT A - PROPERTY IDENTIFICATION • The subject"larger parcel" comprised is com rised of 63.40 acres located on the northeast corner of Rancho Vistoso Boulevard and the Moore Road alignment, and is legally described as follows: Irregular portion of Section 25, Township 11 South, Range 13 East, G&SRB&M, Pima County, Arizona, lyingeasterly of Rancho Vistoso Boulevard. � OWNERSHIP According to Pima CountyAssessor's records, as of the date of value, title to the subject larger parcel was vested in the name of Vistoso Partners LLC,as evidenced by a Trustee's Deed recorded 9737 at Page 1102, in the Office of the Pima County Recorder. February 25, 19941n Docket We attempted to ascertain whether or not the property is or recently has been listed by calling Judy ind�s W ch, property manager of Vistoso Partners. We left two messages at her office telephone .. g number in Scottsdale: (480) 831-2000. To date, we have not heard back from her. Page 8 Pima Coun y EXIHIBT A Streets �' ' 62 = ��7 A ',/''78 \\\ _:_!(..ist,,t1:\ Streets :jcr. -With Names •••.ti� -= •• ,�����: it 1%/.:�: = ♦lief i; .1 `'`••4 - `� Parcels !r�,:i•.•, ,40-11;1 • •, ,. • _ ` Parcels Landbase tAiSlt I 4 •. V,I,'l ect >"7:. • f,isitts\:v,iNA;,,A. id`, `�ii. •, .. <.. �� n s A%�tl�• ��� i 1;141 I•. � li *4; =� 1—i i5 ♦i t 1 4 iia rti" ..f.42.41 ;1111SIS S#4. *•• 'l'ala ti ," .:##.4 1_Fa gNiVirillr• ♦ot• ..nuoil; - 1,..1 0.,._, '1 'V VA '...2—....AP.4 /1111111 11111 • �f_... , 1. jr, �:y����!'• •ti :�. N SCALE 1 : 26,140 2,000 0 2,000 4,000 6,000 FEET --L—Plat a p .. , ittp://www.dot.co.pima.az.us/gislmapslmapguideldotmap5.mwf Friday, January 23, 2004 2:05 PM • EXHIBIT.B - . 1 PUMP STATION DES CRIPTI O - - Note that the distances sh oWn aawithin this description eser tion are ongrid,• Arizon'a state Plane INA-1)-1)83,te• Match nrenrpdffhe O7G Valley Re c laimed ZilLhr Pipeline. For grounddistances, multiply A parcel for use as a pump station and other facilities located WithSection 25, Township 11 South, - Range 13 East,Gila and Salt River Meridian,Pima Cour Arizona, t}�, �Jona, described as follows: Commencing at a brass disc in concrete atthe intersection . . tion of the center line of R�cho vlstoso Boulevard and Woodshade Road as shown on Rancho Vistoso, Parc . . _ . Parcels K and L;Neighborhood 10, a subdivision of Pima County, Arizona, as recorded in Book 46 of Maps and Plats,fats, pale 25 in the Office of the Recorder of said Pima County; • • •Thence North 5T 22' 47"East 625.00 feet to the Point of Beginning; Thence South 32' 37' 13"East 352.00 feet; • • Thence South.57"22'47"West 245.68 feet; Thence North 32" 37' 13" West 308.32 feet; Thence South 57'22'47" West 129.15 feet; Thence North 32' 37' 13" West 43.68 feet; .= Thence North.ST 22'47"East 374:83 feet to the Point Of Beginning; Containing 92,120 square feet or 2.11 acres, more or less. LC 87C :42 Revised February 6,-2004 OC EXHIBIT B • . -RA S1 M P N`7'DR CRTPT ON . . Easement for the Ore Valley Reclaimed Water pipeline. • Note that the distances shown within this description are ond,.Arizona State Plane NAD 83,to match plans prepared for the Oro Valley Reclaimed Water Pipeline. For ground T' j 7.x.7--L.T._. �1 �1 .�'1'1 L� 0. i. uses,Illilltt�lly by.L.000143.1.5. 3.1.5. A Permanent Utility easement, 20 feet in width,located within Section 25, Township 11 South, Range 13 East, Gila•and Salt River Meridian, Pinna County,Arizona,the centerline of which is described as follows: Commencing at a brass disc in concrete at the intersection of the center line of Rancho Vistoso. • n r.,,ievar a •�r,ri -wi,orisha,l e V noA o o shcrirn nr, T?�,-�r�1n V etnen Pn� c )q IC sand T. N���� nr�nnr� I A `/L11V f c.■�1 L111L.L 1/ Va.111Lt`►V 1tVk4 KV VL1V•�l.• V��I`��.u.v.♦v • ♦+vvuv' ♦v..►�.r..�♦�.^+� ♦•�w�.•-.�.r���•�� .�i a.subdivision of Pima County, Arizona, as recorded in Book 46 of Maps and Plats,page 25 in the Office of the Recorder of said Pitna County; Thence along the centerline of said Rancho Vistoso Boulevard, South 3T 37' 09" East 1275.98 feet; Thence North 55' 58' 14"East 75.02 feet to the Northeasterly right of way line of said Rancho Vistoso Boulevard and the Point of Beginning at Station 323+99.89; . Thence continuing North 55' 58' 14"East 326.52 feet to an angle point at Station 327+26.41; • Thence North 25' 21'56" East 153.81 feet to an angle point at Station 328+80.22; thence North 06' 46'46"East 102.24 feet to an angle point at Station 329+82.46; Thence North 21' 52'40" West 188.31 feet to an angle point at Station 331+70.77; Thence North 68' 38'00" East 10,00 feet to Station 331+80:77 and the terminus of said easement; The side lines of said easement to be extended or shortened to intersect the right of way line of Rancho Vistoso Boulevard; Containingl 5,619 square feet or 0.36 acres,more or less. , Ii 1�i►� ulci (1' 13187 - ..�- -ALAN W. - • STEPHENS - Revised January 22,2004 . . - fpV22:1650e s ned 15/ — .NKU 'jai •ire ••II • r • t • EXHIBIT B - . EASEMENT DESCRIPTION • Easement for:the Oro Valley Reclaimed Water Pipeline. Note that the distances s shown within this description are on grid,ArizOna State Plane NA] - 33,to match plans prepared for the Oro Valley Reclaimed Water Pipeline.For ground distances, multiply by 1.00014315. A Permanent Utility easement,20 feet in width,located within Section 25,Township 11 South, . Range 13 East Gila and Salt River Meridian, Pima County,Arizona,the centerline of which is described as follows: . Commencing at a brass disc in concrete at the intersection of the center-line of Rancho Vistoso- Boulevard abd Woodshade Road as shown on Rancho Vistoso,Parcels K and L,Neighborhood 10, . a subdivision or Pima ira Co nty,Arizona,/a recorded 5,71 Book/1 6 of Ma']rr1s:a,!Y1 ilaOts,page in(ill' Office of the Recorder of said Pima County; Thence along the centerline of said Rancho Vistoso Boulevard, South 32' 37' 09" East 1275.98 feet; Thence North 55' 58' 14"East 75.02 feet to the Northeasterly right of way line of said Rancho Vistoso Boulevard at Station 323+99.89; Thence continuing North 55' 58' 14"East 326.52 feet to an angle point at Station 327+26.41; Thence North 25'21'56"East 153.81 feet to an angle point at Station 328+80.22; , Thence North 06' 46'46"East 102.24 feet to an angle point-at Station Tl�....,�.,, 'AYE.-f1. '21° +G'i' n A" West 1,.88.31 ��.a+t.-. •�,,,rel ,ra;,��•s+ C'f-+y- 331±7n.77; 1.hcrit.\.1`I JX 411 .J.L Z L ►I est feet to au---;•gle pya4µa ya.uasvia Thence North 68'38' 00" East 10.00 feet to Station 331+80.77 and the Point of Beginning; • . t o tiiued - EXHIBIT B EasemCnr,continued Thence continue •No 68° 38100" East 150.81 feet to an angle point at Station 333+31:58; rT'1 - T J 7 ,-fa - 'T't'2:� 1'+__.t I O fl d 0 .i ,,4+i. ..r. .�,��.1 Jr point n•!-Station 1 LIC1IL:C 1N QTLil GU U,) 3 9 L't L 18 7.''t 8 fc L LU an.Gi, gic rt n1J at S atio.�3:4.5+21.07; Thence North 44"24'33" West 290.08 feet to an angle point at Station 338+11.15; . Thence North 78' 06'29" West 138.21 feet to an angle point at Station 339+49-.35;• Thence South 48" on 1 s 4-6" nN west 56..63 reet to an angle point St at-. . 340÷05.98, Thence North 89" 05'47" West 73.55 feet to an angle point at Station 340+79.53; Thence North 55' 27'29" West 66.42 feet to an angle point at Station 341+45.95; . • Thence South 79° 02'51" West 30.25 feet,mote or less,to the intersection with Southeasterly line of a pump station and the terminus of said easement,the side lines being extended or shortened to• intersect a bearing of South 57°22147" West; Containing 19,907 square feet or 0.46 acres,more or less. . \cp A74- (Y13187/5?) r.L f ALAN W.. S SIEMENS SliZZ/o17 • f<-°A/A-1),%,'N'' ,11 •D h AF T • J . Revised January 22,2Q04 - - • _ - - Y WARRANTY DEED For good consideration, I of Rancho Vistoso LLC., County of Pima, State of Arizona, hereby bargain, deed and convey to the Town of Oro Valley, County of Pima, State of Arizona, the land described as attached hereto in Exhibit ()and incorporated herein by this reference, located in Pima County, free and clear with WARRANTY COVENANTS; to wit: [Enter Covenants Here] Grantor, for itself and its heirs, hereby covenants with Grantee, its heirs, and assigns,that Grantor is lawfully seized in fee simple of the above-described premises; that it has a good right to convey; that the premises are free from all encumbrances; that Grantor and its heirs, and all persons acquiring any interest in the property granted, through or for Grantor will, on demand of Grantee or its heirs or assigns, and at the expense of Grantee, its heirs or assigns, execute and instrument necessary for the further assurance of the title to the premises that may be reasonably required; and that Grantor and its heirs will forever warrant and defend all of the property so granted to Grantee, its heirs, against every person lawfully claiming the same or any part thereof. Being the same property conveyed to the Grantors by deed of , dated , 20 CWITNESS the hands and seal of said Grantors this day of , 20 Grantor Grantee STATE OF ARIZONA ) ss. County of Pima ) On , 20 , known to me to be the person whose name is subscribed to within the instrument,personally appeared before me and acknowledged that he/she executed the same for the purposes contained. Given under my hand and seal on 20 Notary My Commission Expires: NINE 'A, 0 1 -if .0 7 41/10.144 44, A4 lb, NDED ATTACHMENT-`9‘ Sketch Sket 0 1 n o S ?Do • y 0 C Ul N N 15 � E n a I 1 . o a ' 0 a5N = z 3 3 U) w N n D 4 ,, _. , - - k „- -. 4,,.. (77,) ...,\V" '., 0111t,:il 91 i SI''''' \ 07Ammi \ /77WAIlity co . t101116111111r, .:- 'V* - ---,-.1> ,,. .i. '-.;127 ,' S i''''33.3frr LT2 1:j �w' Op4:718' ItI F,, - c� ai. N0 . $8 01 ippli,6, -,,,',,,__I, -NI rim •r`q] i,/ so, 44001,.. ! \,,,t) LI ...__ ,6,, �M�� dDR ,a j ®®• � � /I� '11 i 4im .'SP ' , ••3 ,,,,,immow.imi\ \\.-X i .\:.,, .- ov _�, , .A. **. : ; 4; .M a�N \.r? u, "4Elii .i NE_ \ -I .---- 4,• •,,,i \ ..K i 0 111111111114V,,,„ WilitiiiiIii #‘\''' - - '4 ------ --- • &) -- 41. , -_.,,,---_.-,----- 4 ,,,, ' i .‘\.\\,1, \-,,,\ 0\ 2..:1,1111. __.e. 'iNNsioom 0 cS. ,,..s N_RANC-HO-VI 11U111114$4\ , —1: g-.-,•V,T--640Yre's..- \\,. ..� S4j, 4, ( ‘..,,,,•••6 -0 3 ov..--0\..# \ 4/ ''''' 414----s• .., Iii 1 -<-- ,e.,\, , a) ,o 'al \ '4 l', * _ \ A V, ,,,,,, 0#''''0'' ', ' -• \\''... *s.:;,\'''''^i- ,.- Xrir 1 t c . \NN1- e \ i ' 4.'-':16( ,•,'''. .. , , \ '-# 2,.,,,..:)›, ,,..,,40- , . , , , pp' 4 ....„4\ ,.,,,,,,,,..s,, , 2.C� r\- ,,P ''' ,„ 0 ' S0 �i ‘i< O .r 7i % 0 M �, ftp \ . i y k , , 3 1oN , , 7 i , i i Za S ,iPLLEY AA„ s s . .0 p.,., , 4 44 rt v\ tea. 4001-44, *-- , ••.:: , ,,,, :(p g'l R UNDE ATTACHMENT Appraisal G.H. GARCIA CONSULTING, INC. 3444 NORTH COUNTRY CLUB ROAD #100 TUCSON, ARIZONA 85716 PHONE (520) 326-2200 FAX (520) 326-0773 G2garcia@msn.com Valuation Report of that 63.40-acre, more or less, property located on the northeast corner of Rancho Vistoso Boulevard and the Moore Road alignment, Oro Valley, Pima County, Arizona As of January 23, 2004 For: Mr. David F. Ruiz Engineering Division Administrator Town of Oro Valley Water Utility By: Mr. George Garcia Arizona Certified General Real Estate Appraiser Certificate #30297 G.H. GARCIA CONSULTING, INC. Real Estate Appraisers Right of WayAcquisitions and Relocations 3444 N. Country Club Rd., Suite 100 Tucson,AZ 85716 Telephone: (520) 326-2200 Facsimile: (520) 326-0773 Our File Number 1164-04 February 24, 2004 Mr. David F. Ruiz Engineering Division Administrator Town of Oro Valley Water Utility 11000 N La Canada Drive Oro Valley AZ 85737 Dear Mr. Ruiz: • In accord with your request, I have estimated the market value of that 63.40-acre property located on the northeast corner of Rancho Vistoso Boulevard and the Moore Road alignment,Oro Valley, Pima County,Arizona. The ownership and legal description of this property are set forth within this report. The purpose of this Complete Appraisal Report is to estimate the market value of the subject property as of January 23, 2004,the date of inspection. The function is for potential acquisition of a 2.11-acre(92,120-square-foot)portion ofthe property in fee for use as a pump station,along with a 0.36-acre (15,619-square-foot) easement for the Oro Valley Reclaimed Water Pipeline, and a 0.46-acre (19,907-square-foot) easement, also for the Oro Valley Reclaimed Water Pipeline. For identification purposes,the subject larger parcel,containing approximately 63.40 acres,will be called Parcel A. The proposed 2.11-acre(92,120-square-foot),more or less,proposed fee take will be known as Acquisition B. The proposed 0.36-acre(15,619-square-foot)utility easement will be called Acquisition C. The proposed 0.46-acre(19,907-square-foot)utility easement will be called Acquisition D. This report details physical and non-physical factors relevant to the subject property. Information about the neighborhood in which the property is located,the site,highest and best use,and valuation methods and techniques are discussed in this report. This report has been prepared for Mr. David Ruiz, Engineering Division Administrator, Town of Oro Valley Water Utility. This report or any portion thereof is for the exclusive use of the client, its placement agent, and others in connection with this appraisal for the above-stated purpose and function, and is not intended to be used,given, sold,transferred,or relied upon by any persons other than the client without the prior, express written permission of the author, as set forth within the limiting conditions. In order to estimate the market value of the subject property, I have gathered a number of comparable sales within the subject and surrounding areas. Based upon these, and the data and -ii- . discussions contained in this report, the following was indicated as of January 23, 2004: ESTIMATED MARKET VALUE OF PARCEL A, THE LARGER SUBJECT PARCEL, BEFORE THE ACQUISITIONS $5,523,408,00 ESTIMATED MARKET VALUE OF ACQUISITION B,A FEE TAKE FOR A PUMP STATION $184,524.00 ESTIMATED MARKET VALUE OF ACQUISITION C, • A UTILITY EASEMENT $15,619.00 ‘IP • ESTIMATED MARKET VALUE OF ACQUISITION D, A UTILITY EASEMENT . . $19,907.00 TOTAL ESTIMATED MARKET VALUE OF ACQUISITIONS . . . . . . . . . . $219,766.00 SEVERANCE DAMAGES DUE TO ACQUISITIONS $0.00 ESTIMATED MARKET VALUE OF PARCEL A AFTER THE ACQUISITIONS $5,303,642.00 -111- 4 • This valuation is subject to and assumes the following conditions: 1) cash terms of sale; 2)the size of the subject being 63.40 acres,more or less,as abstracted from the Rancho Vistoso Planned Area Development being correct and reliable;3)the size of the part to be acquired in fee being 2.11 acres (92,120 square feet), as determined by Alan W. Stephens, R.L.S., dated January 22, 2004 and provided by the Town of Oro Valley being correct and reliable; and, 4) the sizes of the utility easements to be acquired being0.36 acres(15,619 square feet),and 0.46 acres(19,907 square feet), as determined by Alan W. Stephens, R.L.S., dated January 22, 2004 and provided by the Town of Oro Valley being correct and reliable. CHANGES IN ANY OF THE ABOVE CONDITIONS MAY AFFECT THE ESTIMATED MARKET VALUE OF THE SUBJECT PROPERTY OR THE PROPOSED ACQUISITIONS. Your attention is invited to the data and discussions contained in this report and to the exhibits, which are pertinent. I hereby certify that I, George H. Garcia, have inspected the subject property;that my fee was not contingent upon the value estimate contained herein; and that I have no interest, present or prospective, in the property appraised. Furthermore,I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF,the statements of fact contained in this report are true and correct, subject to the assumptions, limiting conditions, and certification that are made a part of this report. -iv- Respectfully Submitted, Ago i Aft..d GE•RGE . GARCIA ARIZONA CERTIFIED GENERAL REAL ESTATE APPRAISER CERTIFICATION NO. 30297 } _v_ TOWN OF ORO VALLEY UNCIL COMMUNICATION MEETING DATE: May 5, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: Brent Sinclair, AICP, Community Development Director Mary Hartz-Musgrave, Managing Librarian SUBJECT: Resolution (R)04-40 Intergovernmental Agreement Between the Town of Oro Valley and Pima County Free Library District for the Operation and Maintenance of Oro Valley Public Library for the Remainder of FY 2003/2004. BACKGROUND: In MayValley of 2002, the Town of Oro entered into an Intergovernmental Agreement with the Pima County Free Library District for the maintenance and operation of the Oro Valley Public Library for the fiscal year in Jul 1, 2002 and endingJune 30, 2003 (FY200212003). Under the terms of that IGA, the County beglnn g y agreed to reimburse the Town 50% of all operation and maintenance expenditures. The Oro Valley Public opened in August 2002. though persistent attempts were made to renew the IGA for fiscal year 2003/2004 under the same terms, the no success in gettingthe renewal. The County did approve a resolution in January 2004 to extend the Town had 2003 IGA through December 31, 2003. The purpose of this IGA is to cover the remainder of the last two quarters of the 2003/2004 fiscal year (January 1, 2004 through June 30, 2004). The basic intent of the IGA is to identifythe funding role of each entity. In general, the County Free Library reimburse the Town for 50% of operational and maintenance expenditures minus certain District agrees to identified expenditures. Items not allowed as reimbursable include travel and training, volunteer appreciation, grants/donations and gifts received to pay for budgeted items and landscape/grounds coffee service, maintenance. expenditures if ex enditures continue to follow the course of the budget, the Town will be eligible reimbursement of or $9915 less than 50% of the total budget. Attached to the IGA is to receive a total $448,634 . developed byPima Countystaff that details allowed and disallowed expenses for this fiscal year. a spreadsheetp processed separate IGA will be for the 2004/2005 fiscal year as soon as a tentative budget for the library has been reviewed by the Town Council. The County has indicated they are not willing to reimburse expenses for building maintenance in the future in addition to the aforementioned expenses above. RECOMMENDATION: IGA suits thegeneral purposes of both entities. Although there is a small shortfall resulting from The proposed p rp . of disallowed expenses, it is manageable and will not result in any cutbacks in service or level Lne County's 11 st of service. Therefore, it is recommended that this IGA be approved. TOWN OF ORO VALLEY JUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTION: I move to APPROVE Resolution No. (R)O40 approving an Intergovernmental Agreement between the Town of Oro Valley, and Pima County Free Library District for the operation and maintenance of the Oro Valley Public Library for the remainder of FY 2003/2004. Mana:ing L'.raria 4 �,.. .. - .,,,, -1')1,2.,r ' ' Community Development Director C Orifie/44,14 Town Manage Attachments: 1. Oro Valley Resolution (R)04-40 2. Pima County Resolution No. 2004-40 3. Intergovernmental Agreement F:\individ\HBS\BLANK TCC RESOLUTION NO. (R) 04-40 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE PIMA COUNTY FREE LIBRARY DISTRICT AND THE TOWN OF ORO VALLEY FOR PROVISION AND PAYMENT OF LIBRARY SERVICES FOR THE FISCAL YEAR 2003/2004 WHEREAS, the Town of Oro Valley, is a municipal corporation within the State of Arizona, and pursuant to A.R.S. § 11-952, the Town Council is authorized to enter into Intergovernmental Agreements; and WHEREAS, the Town currently operates and maintains a free public library within the Town ("Town Library") for all Pima County residents; and WHEREAS, The Town wishes to enter into an Intergovernmental Agreement with the Pima CountyFree Library District to establish and maintain a county free library and to receive funds from the Pima County Free Library District for the operation of the Town Library; and WHEREAS, it has it is in the best interest of the Town and its residents to participate in the Pima County Free Library District through the Intergovernmental Agreement (attached hereto as Exhibit A), and that the Mayor and Council of the Town of Oro Valley, authorize and approve the Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED that the Intergovernmental agreement between the Pima County Free Library District and the Town for provision of and payment for library services for fiscal year 2003-2004, providing for use of the Town Library by all Pima County residents and reimbursement of up to $448,634.00 for operation costs of the Town Library, is hereby authorized and approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Intergovernmental Agreement. F:\Resolutions\IGA approval:general\PC Free Library District.doc Office of the Oro Valley Town Attorney's Office/CA/042604 PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 5thday of May , 2004. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Mark J. Langlitz, Town Attorney F:\Resolutions\IGA approval;general\PC Free Library District.doc Office of the Oro Valley Town Attorneys Office/CA/042604 EXHIBIT A INTERGOVERNMENTAL AGREEMENT F:\Resolutions\IGA approval:general\PC Free Library District.doc Office of the Oro Valley Town Attorney's Office/CA/042604 RESOLUTION NO. 2004- 40 RESOLUTION OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA, ACTING AS THE BOARD OF DIRECTORS OF THE PIMA COUNTY FREE LIBRARY DISTRICT, APPROVING AND AUTHORIZING EXECUTION OF THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE PIMA COUNTY FREE LIBRARY DISTRICT AND THE TOWN OF ORO VALLEY FOR PROVISION AND PAYMENT OF LIBRARY SERVICES FOR FISCAL YEAR 2003/2004. WHEREAS, the Town of Oro Valley ("Town") wishes to assume responsibility for operation and management of the Oro Valley Free Public Library, located at 1305 W. Naranja Drive, Oro Valley, Arizona 85737 ("Town Library"); and WHEREAS, Town wishes to enter into an intergovernmental agreement to receive funds from Pima County Free Library District ("District") for operating Town Library, and; WHEREAS, Town is willing to allow all residents of County to use the Town Library and receive library services on the same basis as Town residents; NOW, THEREFORE, BE IT RESOLVED BY THE PIMA COUNTY BOARD OF SUPERVISORS, ACTING AS THE BOARD OF DIRECTORS OF THE PIMA COUNTY FREE LIBRARY DISTRICT: 1 . That the Intergovernmental Agreement between the Pima Country Free LibraryDistrict and the Town of Oro Valley for Provision and Payment for Library Services for Fiscal Year 2003/2004, providing for use of the Town Library by all Pima County residents and reimbursement of up to 448,634.00 for operation costs of Town Library, is hereby authorized and approved; 2. That the Chair of the Board of Directors is hereby authorized and directed to execute the intergovernmental agreement on behalf of the District; and Page 1 of 9 Intergovernmental Agreement FY 2003/2004 Pima County Library District-Town of Oro Valley 3. That the various County and District officers and employees be and hereby are authorized and directed to perform all acts necessary or desirable to give effect to this resolution and the intergovernmental agreement. PASSED AND ADOPTED this 5th day of May ,2004. BOARD OF DIRECTORS PIMA COUNTY FREE LIBRARY DISTRICT By Sharon Bronson, Chair ATTEST: Lori Godoshian, Clerk of the Board APPROVED AS TO FORM Deputy County Attorney Page 2 of 9 Intergovernmental Agreement FY 2003/2004 Pima County Library District-Town of Oro Valley Intergovernmental Agreement Between Pima County Free Library District and the Town of Oro Valley for Provision and Payment for Library Services for Fiscal Year 2003/2004 This Intergovernmental Agreement ("Agreement") is by and between the Pima County Free Library District, a political subdivision of the State of Arizona ("District") and the Town of Oro Valley, a municipal corporation ("Town"). Recitals A. WHEREAS District and Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. §§ 11-952 and 41-2631 , et seq.; and B. WHEREAS District is authorized by A.R.S. § 11-901 , et seq., and § 48-3901 , et seq., to establish and maintain a county free library district; and C. WHEREAS, Town now maintains a free public library in Oro Valley, Arizona, located at 1305 W. Naranja Drive, Oro Valley, Arizona 85737 ("Town Library"); and D. WHEREAS, the Town wishes to perform the day-to-day operation of Town Library; and E. WHEREAS, District is willing to pay a portion of certain operating costs for the Town Library if Town allows all Pima County residents to use the Town Library and access any and all of Town's library services on the same terms and conditions as Town residents; NOW, THEREFORE, District and Town, agree as follows: Agreement I. Term and Renewal. The term of this Agreement shall be from July 1 , 2003 through June 30, 2004, provided that it shall not become effective until executed by all parties and filed with the Pima County Recorder. This Agreement shall automatically terminate at the end of the fiscal year, unless upon mutual agreement of the parties, it is renegotiated and extended for successive fiscal years pursuant to written amendment. Page 3 of 9 Intergovernmental Agreement FY 2003/2004 Pima County Library District-Town of Oro Valley II. Scope. During the term of this Agreement, Town shall operate the Town Library and provide staff, supplies and equipment, and purchase library materials reasonably required to make library services available to the public. Supplies, equipment and library materials purchased for primary use at, in or by the Town Library shall be the property of the Town and shall be inventoried to the Town upon receipt. Town shall allow all residents of incorporated and unincorporated areas of Pima County to use the Town Library and access Town's library services on the same basis as Town residents. III. Financing. District and Town agree that of Town's adopted Library fiscal year 2003 2004 of $917,098.00, eligible shared operating costs budget for / ("Total g Eligible Shared Operating Costs") are the Library District Reimbursement Expenses listed in Attachment A to this Agreement, which is fully incorporated into this Agreement by reference. The Total Eligible Shared Operating Costs g ("Total g Eligible Shared Operating Costs"), calculated by subtracting the amounts budgeted for capital expenses, general maintenance, food items, such as coffee and snacks, and expenses for volunteers and special events from Town's total Library Services Division General Fund budget, is $897,268.00. As consideration for library services during fiscal year 2003-04, District agrees to reimburse Town for 50% of the Total Eligible Shared Operating Costs less any revenue, up to a maximum of $448,634.00. Oro Valley will certify on their billing to District that no expenses have been reimbursed by grants, donations, or other sources. To qualify for reimbursement pursuant to this Agreement, Town's expenditures must comply with the line item allocations in Attachment A, unless the Pima County Administrator issues written authorization to Town for re- allocation among line items, provided that total reimbursement by District may not exceed $448,634.00, less payments received for the period July 1 , 2003 - December 31 , 2003. Remaining eligible balance is currently $285,662.26 (See Attachment B.) Reimbursement for the period July 1 , 2003 - December 31 , 2003 has been made. Payment of future quarters reimbursement will be made upon execution and recording of this document, or thirty days after the Library Districts receipt of an invoice from the Town of Oro Valley, with all relevant backup documentation. On or before September 30, 2004, Town shall provide District with a full accounting of all Eligible Shared Operating Costs for fiscal year 2003-2004 in the form of audited financial statements (Balance Sheet and Revenue, Expense and Change in Fund Balance for the Library Fund), together with supporting documentation. The total of all Eligible Shared Operating Costs shall be reduced by the amount of any capital expenditure, reimbursements from other funding sources used to pay for expenses requested for reimbursement and by Page 4 of 9 Intergovernmental Agreement FY 2003/2004 Pima County Library District-Town of Oro Valley libraryfines, dues and operating revenues collected during the fiscal year any p ( Adjusted OperatingCosts"). In the event that the Town's audited FY Costs ) 2003/2004 accountingdetermines that 50% of the Adjusted Operating Costs is less than reimbursements received, Town shall reimburse District for the difference between reimbursements received and 50% of the Adjusted Operating Costs. In the event that the Town's audited FY 2003/2004 accounting determines that 50% of the Adjusted Operating Costs is more than reimbursements received, District may reimburse Town up to the difference between reimbursements received and 50% of the Adjusted Operating Costs, provided that there are sufficient available funds in District's 2003/2004 budget not be used for another purpose. District shall have 30 days after receipt that will of the Town's audited FY 2003/2004 accounting to notify Town in writing of specific objections to the Town's calculation. Facilities Identification. The Town Library is the approximately 15,000 sq. IV. . ft. existinglibraryfacilitylocated at 1305 W. Naranja Drive, Oro Valley, Arizona Anyincrease in operational expenditures, due to future expansion of the 85737. p facility will be negotiated at a later date. V. New Facilities. New library branches constructed or established by either party after the effective date of this agreement may be added to this nt provided that: (1 ) the party adding the branch gives the other Agreeme party 60 days priorwriting notice in of the additional branch or increase of existing branch; and (2) prior to adding a branch, or increase in existing branch, Agreement, the partywhich is constructing or establishing it, will equip, to this furnish, and stock the new branch. Addition of a new branch shall not affect the total amount of reimbursement by District unless the Library District Board of Directors approves an amendment to this Agreement. VI. Operational Cooperation. District and Town agree: A. Town shall obtain approval from District before implementing any actions that could increase Total Eligible Shared Operating Costs by more than 1 percent (%). g B. Town agrees to consult closely with District on potential significant changes to the succeeding fiscal year budget. g request C. Uponq uest of the District Board of Directors, the Town's administrator will meet with the District Board to discuss library issues. p D. For operational and notice purposes, each of the parties designates the following representative: TOWN: DISRICT: Town of Oro Valley Pima County Page 5 of 9 Intergovernmental Agreement FY 2003/2004 Pima County Library District-Town of Oro Valley Brent Sinclair Kate O'Rielly Community Development ment Director Community Resource Director 11 ,000 N. La Canada Drive 130 W Congress, 10th Floor Oro Valley, Arizona 85737 Tucson, Arizona 85701 VII. Audit Rights. The District shall have the right to audit the books and documents of the Town relating to the operation of Town Library or use of funds providedpursuant ursuant to this Agreement. The Town shall have the right to audit the books and documents of the District relating to this Agreement. VIII. Maintenance of Records. The Parties shall keep and maintain proper and complete books, records and accounts, which shall be open at all reasonable times for inspection and audit by duly authorized representatives of eitherart . In addition, Town shall retain all records relating to this contract at p Y least 5Y ears after its termination or cancellation or, if later, until any related pending proceeding or litigation has been closed. IX. Termination. Either party may terminate this Agreement at any time by giving written notice of such termination and specifying the effective date g g thereof, at least thirty (30) days before the effective date of such termination. Asper construction contract 01-03-0-126470-0899, Intergovernmental Agreement between Pima County and the Town of Oro Valley for the Oro ValleyPublic Library, and passed on 1 September 1999, Section 8.C.7 "If y termination occurs after completion of construction, Town will pay to County a sum equal to 50% of the present value of the project facilities. Upon receipt of q payment, County ment will transfer its ownership interest in the project facilities to Y Town." X. Disposal of Property. Upon the termination or expiration of this Agreement, all property involved shall belong to the owner prior to or as g p p established in this Agreement. Termination or expiration shall not relieve any g partyfrom liabilities or costs already incurred under this Agreement or from the obligation of creatingan accurate inventory of property purchased, nor shall it g affect any ownership of property pursuant to this Agreement. XI. Indemnification. Each party (as `indemnitor') agrees to indemnify, defend, and hold harmless the other party (as `indemnitee') from and against anyand all claims, losses, liability, cost, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as `claims ) arising out of bodilyinjuryof anyperson (including death) or property damage but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. Page 6 of 9 Intergovernmental Agreement FY 2003/2004 Pima County Library District-Town of Oro Valley p XII. Compliance with Laws. Each party shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without g limitation to those designated within this Agreement. The laws and regulations the State of Arizona shall govern the rights of the parties, the performance of of this Agreementan and disputes hereunder. Any action relating to this Y Agreement shall be brought in an Arizona court in Pima County. Any changes in g g governing laws, rules and regulations during the terms of this Agreement the g g . apply but do not require an amendment. This Agreement, and all shallppy q p obligations upon District or Town arising therefore, shall be subject to any g limitation imposed by budget law or regulation. XIII. Non-Discrimination. Neither party shall discriminate against any District Town employee, client or any other individual in any way because of that or person's age, race, creed, color, religion, sex, disability or national origin in the c course of carryingout duties pursuant to this Agreement. Both parties shall comply with theapplicable provision of Executive Order 75-5, as amended by Executive Order 99-4, which is incorporated into this Agreement by reference, as if set forth in full herein. XIV. Disability Law Compliance. Town and District shall comply with all applicableprovision rovision of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. XV. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remainingprovisions shall continue to be valid and enforceable to the full extent permitted by law. X . VI Conflict of Interest. This Agreement is subject to cancellation for of interest pursuant to A.R.S.§38-511 , the pertinent provisions of which conflict are incorporated herein by reference. XVII. Non-Appropriation/Non-Availability. Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason the District Board of Directors or the Town Council does not appropriate i nt monies for the purpose of maintaining this Agreement or that suffice p p appropriated funds are not available for use for this Agreement. In the event of such cancellation, District or Town, respectively, shall have no further obligation the other partyexcept for payment for services rendered prior to to p cancellation. XVIII. Legal Authority. Neither party warrants to the other its legal authority to enter into this Agreement. If a court, at the request of a third person, should Page 7 of 9 Intergovernmental Agreement FY 2003/2004 Pima County Library District-Town of Oro Valley declare that either partylacks authority to enter into this Agreement, or any part it, then the Agreement, or parts of it affected by such order, shall be null and ofg void, and no recovery maybe had by either party against the other for lack of performance or otherwise. XIX. Worker's Compensation. Each party shall comply with the notice of A.R.S. 23-1022(E). For purposes of A.R.S. § 23-1022, each party shall be § considered therimar employer of all personnel currently or hereafter p Y employed by that party, irrespective of the operations of protocol in place, and saidart shall have the sole responsibility for the payment of Worker's p Y Compensation benefits or other fringe benefits of said employees. XX. No Joint Venture. It is not intended by the Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between District and any Town employees, or between Town and an District employees. Neither party shall be liable for any Y debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. XXI. No Third Party Beneficiaries. Nothing in the provision of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing standard of care different from the standard of care imposed by p g an Y law. II. Entire Agreement. This document constitutes the entire agreement XX g pertaining the parties to the subject matter hereof, and all prior or agreements and understandings, oral or written, are hereby contemporaneousg supeg rseded and mer ed herein. This Agreement shall not be modified, amended, altered or extended except through a written amendment signed by the parties s and recorded with the Pima County Recorder or Arizona Secretary of State as appropriate. Page 8 of 9 Intergovernmental Agreement FY 2003/2004 Pima County Library District-Town of Oro Valley In Witness Whereof, District has caused this Agreement to be executed by the Chair of its Board of Directors, upon resolution of the Board and attested to by the Clerk of the Board and Town has caused this Intergovernmental Agreement to be executed by . PIMA COUNTY LIBRARY DISTRICT TOWN: Sharon Bronson, Chair Paul Loomis, Mayor Board of Directors ATTEST: ATTEST: Lori Godoshian Town Clerk Clerk of the Board APPROVED AS TO CONTENT: C.H. Huckelberry County Administrator The foregoing Intergovernmental Agreement between Pima County Library District and Town of Oro Valley has been reviewed by the undersigned, who have determined that it is in the proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. Pima County Library District Town of Oro Valley Deputy County Attorney Town Attorney Page 9 of 9 Intergovernmental Agreement FY 2003/2004 Pima County Library District-Town of Oro Valley Attachment A TOWN OF ORO VALLEY COMMUNITY DEVELOPMENT LIBRARY SERVICES DIVISION GENERAL FUND FISCAL YEAR 2003-2004 BUDGETED EXPENDITURES vs.REIMBURSABLE EXPENSES Eligible Shared Operating Costs-as amended from Adopted Budget • CURRENT YEAR BUDGET YEAR 200312004 Library District Library District will be held liable for 50%of listed budgeted 2002-2003 ESTIMATED 2003-2004 COUNCIL Reimbursement line items,as modified. If Oro Valley exceeds the line item DESCRIPTION BUDGET ACTUAL APPROVAL Expenses budget,as modified,they are responsible for ALL of the overage. Salaries&Wages $ 425,771 $ 364,160 $ 401,935 $ 401,935 Group Insurance 35,325 31,451 40,685 40,685 Social Security/Medicare 32,435 28,022 30,550 30,550 401(A)Retirement Contributions 29,679 13,656 23,761 23,761 Workers'Compensation 806 1,015 1,118 1,118 Other Employee Benefits 432 5,980 480 480 Payments to COT for circulation svcs,printer&copier svcs, Outside Professional Services $ 177,060 $ 151,700 $ 125,700 125,700 telecommunication and T-1 lines. Water&Sewerage 4,500 4,200 4,200 4,200 Garbage&Trash 2,000 2,600 2,600 2,600 Equipment Repair&Maintenance 1,000 100 750 750 Landscaping Services 10,000 10,000 9,000 - Town of Oro Valley expense. Rental(Storage) 1,800 1,200 562 562 For Copier Public Liability Insurance 2,254 2,300 2,592 2,592 Telecommunications 20,000 20,000 4,000 4,000 Only if voice communication bill is ever paid. Postage 2,000 800 800 800 / ;ing 3,000 1,485 600 600 Pri„.,.1&Binding 3,000 3,200 2,000 2,000 Travel&Training 7,000 7,000 5,200 - Town of Oro Valley expense. Memberships&Subscriptions 1,155 1,155 1,175 1,175 Less$600 for plates,vases,other items purchased for special Office Supplies 5,000 22,170 5,000 4,400 events. Natural Gas&Electricity 38,000 41,143 41,000 41,000 Non-Capitalized Equipment 8,000 2,700 3,290 3,290 Less$1,100 for Jewell Coffee Service;Less$480 for snacks Miscellaneous Other Operating 4,000 16,000 2,450 870 for meetings&youth groups Friends of the Oro Valley Public Library 5,000 1,700 - - Town of Oro Valley expense. Collection Materials&Subscriptions 170,000 150,000 170,000 170,000 Custodial services will be included for FY 2004 due to a misunderstanding. They will not be included in any further IGA's as the usual and customary practice is for the governmental entity with control to be responsible for this Custodial Services 17,500 27,360 25,200 25,200 expense. Custodial supplies will be included for FY 2004 due to a misunderstanding. They will not be included in any further IGA's as the usual and customary practice is for the governmental entity with control to be responsible for this Custodial Supplies - 1150 2,000 2,000 expense. Volunteer Appreciation - 2000 3,000 - Town of Oro Valley expense. Library District will only cover 50%of actual library program supplies. Recreational program supplies and food supplies Program Supplies - 1150 7,000 7,000 will be excluded. Building Maintenance are the responsibility of the Building Maintenance - - 450 - governmental entity with control over the facility. TOTAL EXPENDITURES $1,006,717 $ 915,397 $ 917,098 897,268 Maximum due(5U%of modified approved budgeted $ 448,634 expenses)from the Library District to the Town of Oro Valley. Attachment B TOWN OF ORO VALLEY COMMUNITY DEVELOPMENT LIBRARY SERVICES DIVISION GENERAL FUND FISCAL YEAR 2003-2004 REMAINING REIMBURSABLE EXPENSES Library District Reimbursement Reimbursement Balance Available Reimbursement for 1st Quarter for 2nd Quarter for DESCRIPTION Expenses FY 2003/2004 FY 2003/2004 Reimbursment Salaries &Wages $ 401,935 92,281.26 93,386.57 216,267.17 Group Insurance 40,685 9,686.00 10,296.18 20,702.82 Social Security/Medicare 30,550 6,938.21 6,996.21 16,615.58 401 (A) Retirement Contributions 23,761 4,422.04 3,542.95 15,796.01 Workers'Compensation 1,118 - 314.00 804.00 Other Employee Benefits 480 (2,717.79) 1,560.14 480.00 Outside Professional Services 125,700 - 13,568.00 112,132.00 Water& Sewerage 4,200 713.46 497.61 2,988.93 Garbage&Trash 2,600 406.94 271.84 1,921.22 -uipment Repair& Maintenance 750 46.83 140.49 562.68 ._andscaping Services - - Rental (Storage) 562 326.01 154.56 81.43 Public Liability Insurance 2,592 648.00 648.00 1,296.00 Telecommunications 4,000 4,000.00 Postage 800 340.53 332.92 126.55 Advertising 600 - 16.63 583.37 Printing & Binding 2,000 - - 2,000.00 Travel &Training - - 2,157.78 - Memberships &Subscriptions 1,175 (60.00) 360.00 875.00 Office Supplies 4,400 1,374.62 1,499.99 1,525.39 Natural Gas & Electricity 41,000 11,336.32 10,621.97 19,041.71 Non-Capitalized Equipment 3,290 652.72 2,504.96 132.32 Miscellaneous Other Operating 870 145.70 121.18 603.12 Friends of the Oro Valley Public Library - - - Collection Materials &Subscriptions 170,000 42,448.00 127,552.00 Custodial Services 25,200 3,200.00 4,800.00 17,200.00 Custodial Supplies 2,000 257.98 311.49 1,430.53 Volunteer Appreciation - - - Program Supplies 7,000 154.23 239.09 6,606.68 ,ilding Maintenance - II TOTAL EXPENDITURES 897,268.00 1 130,153.06 196,790.56 571,324.51 $ 448,634.00 $ 65,076.53 $ 98,395.28 $ 285,662.26 TOWN OF ORO VALLEY qUNCIL COMMUNICATION-ADDENDUM TO ITEM "D" MEETING DATE: May 5, 2004 TO: HONORABLE MAYOR& COUNCIL f 1 P 1 i L.i i'i4:i5 TN FROM: Brent Sinclair, AICP, Community Development Director SUBJECT:• Resolution R)04-40 Intergovernmental Agreement Between the Town of Oro Valley and Pima County Free Library District for the Operation and Maintenance of Oro Valley Public Library for the Remainder of FY 2003/2004. SUMMARY: The attached IGA updates the one distributed last week. Pima County made some grammatical and es to the document. None of the changes have an impact on the content, intent or effect of typographical changes the agreement. Please discard the previous copy. SUGGESTED MOTION: rove to APPROVE Resolution No. (R)04- approving an Intergovernmental Agreement between the Town and Pima CountyFree Library District for the operation and maintenance of the Oro Valley Oro Valley, Public Library for the remainder of FY 2003/2004. Air IP' I . Community Development Director Town Manager Attachments: 1. Oro Valley Resolution (R)04- 2. Pima County Resolution No. 2004- 3. Intergovernmental Agreement l kW" RESOLUTION NO. (R) 04-40 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE PIMA COUNTY FREE LIBRARY DISTRICT AND THE TOWN OF ORO VALLEY FOR PROVISION AND PAYMENT OF LIBRARY SERVICES FOR THE FISCAL YEAR 2003/2004 is a municipal corporation within the State of Arizona, WHEREAS, the Town of Oro Valley, p rp § and pursuant toA.R.S.S . R . A11-952, the Town Council is authorized to enter into Intergovernmental Agreements; and operates the Town currentlyo erates and maintains a free public library within the Town ("Town Library") for all Pima County residents; and WHEREAS, The Town wishes to enter into an Intergovernmental Agreement with the Pima County Free LibraryDistrict to establish and maintain a county free library and to receive funds from the Pima CountyLibrary Free District for the operation of the Town Library; and WHEREAS, it has it is in the best interest of the Town and its residents to participate in the Pima CountyLibrary Free District through the Intergovernmental Agreement (attached hereto as • Council of the Town of Oro Exhibit A), and that the Mayor and Valley, authorize and approve the Intergovernmental Agreement. that the NOW, THEREFORE, BE IT RESOLVEDIntergovernmental agreement between the Pima CountyLibrary Free District and the Town for provision of and payment for library services for fiscal year 2003-2004, providing for use of the Town Library by all Pima County residents and reimbursement of upto $448,634.00 for operation costs of the Town Library, is hereby authorized and approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of are Oro Valleyherebyauthorized to take such steps as are necessary to execute and implement the terms of the Intergovernmental Agreement. tuid F:1Resolwions\IGA approval;general\PC Free Library District.doc Office of the Oro Valley Town Attorney's Of'f'ice/CA!042604 ADOPTED bythe Mayor and Town Council of the Town of Oro Valley, PASSED AND y Arizona this 5thday of May , 2004. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: ' Town Clerk Mark J. Langlitz, Town Attorney Kathryn E. Cuvel�er, 1 F:\Resolutions,IGA approval;general\PC Free Library District.doc Office of the Oro Valley Town Attorney's Office/CA/042604 RESOLUTION NO. 2004-LD- RESOLUTION OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA, ACTING AS THE BOARD OF DIRECTORS OF THE PIMA COUNTY FREE LIBRARY DISTRICT, APPROVING AND AUTHORIZING EXECUTION OF THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE PIMA COUNTY FREE LIBRARY DISTRICT AND THE TOWN OF ORO VALLEY FOR PROVISION AND PAYMENT OF LIBRARY SERVICES FOR FISCAL YEAR 2003/2004. WHEREAS, the Town of Oro Valley ("Town") wishes to assume responsibility for operation and management of the Oro Valley Free Public Library, located at 1305 W. Naranja Drive, Oro Valley, Arizona 85737 ("Town Library"); and WHEREAS, Town wishes to enter into an intergovernmental agreement to receive funds from Pima CountyFree Library District ("District") for operating Town u Library, and; WHEREAS, Town is willingto allow all residents of County to use the Town Library and receive library services on the same basis as Town residents; NOW, THEREFORE, BE IT RESOLVED BY THE PIMA COUNTY BOARD OF SUPERVISORS, ACTING AS THE BOARD OF DIRECTORS OF THE PIMA COUNTY FREE LIBRARY DISTRICT: g 1 . That the Intergovernmental Agreement between the Pima Country Free Library District and the Town of Oro Valley for Provision and Payment for Library Services for Fiscal Year 2003/2004, providing for use of the Town Library by all Pima County residents and reimbursement of up to $448,634.00 for operation costs of Town Library, is hereby authorized and approved; 2. That the Chair of the Board of Directors is hereby authorized and directed toexecute the intergovernmental agreement on behalf of the District; and Page 1of9 Intergovernmental Agreement FY 2003/2004 Pima County Library District-Town of Oro Valley 3. That the various Countyand District officers and employees be and and directed to perform all acts necessary or desirable to hereby are authorized give effect to this resolution and the intergovernmental agreement. PASSED AND ADOPTED this day of ,2004. BOARD OF DIRECTORS PIMA COUNTY FREE LIBRARY DISTRICT By Sharon Bronson, Chair ATTEST: Lori Godoshian, Clerk of the Board APPROVED AS TO FORM Deputy County Attorney Page 2 of 9 Intergovernmental Agreement FY 2003/2004 Pima County Library District-Town of Oro Valley Intergovernmental Agreement Between Pima County Free Library District and the Town of Oro Valley for Provision and Payment for Library Services for Fiscal Year 2003/2004 This Intergovernmental Agreement ("Agreement") is by and between the g g Pima CountyFree LibraryDistrict, a political subdivision of the State of Arizona ("District") and the Town of Oro Valley, a municipal corporation ("Town"). Recitals A. WHEREAS District and Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. §§ 11-952 and 41-2631 , et seq.; and B. WHEREAS District is authorized by A.R.S. § 11-901 , et seq., and § 48-3901 , et seq., to establish and maintain a county free library district; and C. WHEREAS, Town now maintains a free public library in Oro Valley, Arizona, locatedNaranja at 1305 W. Drive, Oro Valley, Arizona 85737 ("Town Library"); and D. WHEREAS, the Town wishes to perform the day-to-day operation of Town Library; and WHEREAS, District is willing to pay a portion of certain operating costs for E. the Town Library if Town allows all Pima County residents to use the Town Library and access anyand all of Town's library services on the same terms and conditions as Town residents; NOW, THEREFORE, District and Town, agree as follows: Agreement I. Term and Renewal. The term of this Agreement shall be from July 1 , through June 30, 2004, provided that it shall not become effective until 2003 g executed parties byall and filed with the Pima County Recorder. This Agreement shall automaticallyterminate at the end of the fiscal year, unless g upon mutual agreement of the parties, it is renegotiated and extended for successive fiscal years pursuant to written amendment. Page 3 of 9 Intergovernmental Agreement FY 2003/2004 Pima County Library District-Town of Oro Valley term of this Agreement, Town shall II. Scope,. During the operate the g • staff, supplies and equipment, and purchase library Town Library and provide pp . • to make libraryservices available to the public. materials reasonably required . • materialspurchased for primary use at, in or by Supplies, equipment and library the Town Library shall be the property of the Town and shall be inventoried to the Town upon receipt. p Town shall allow all residents of incorporated and unincorporated areas of Pima County to use the Town Libraryand access Town's library services on the same basis as Town residents. III. Financing • . Districtagree and Town a ree that of Town's adopted Library budget for fiscal year 2003/2004 of $917,098.00, eligible shared operating costs r Shared Operating Costs") are the Library District Reimbursement ("Eligiblecor inAttachment A to this Agreement, which is fully incorporated p Expenses listed intoreference. The Total Eligible Shared Operating this Agreement by Costs• • OperatingCosts"), calculated by subtracting the Eli ible Shared ) .("Total g food items, for capital expenses, general maintenance, amounts budgetedp ex expenses for volunteers and special such as coffee and snacks, and events from p es Division General Fund budget, is $897,268.00.Town s total Library Servic As consideration for library servicesduring fiscal year 2003-04, District agrees to Eligible Shared Operating Costs less any of the Total reimburse Town for 50% $448,634.00 revenue, up to a maximum of less any payment made pursuant to PimaDistrict Resolution 2004-LD-1 , dated January 20, 2004. Town County Library • willbilling District that no expenses have been reimbursed by certify on their billing to p . sources. To qualify for payment pursuant to this grants, donations, or other Agreement, Town's expenditures must comply with the line item allocations in Attachment A, unless the Pima CountyAdministrator issues written authorization _ amongline items, provided that the amount of total to Town for re allocation payment by District is not increased. Payment will be made upon execution and recording of this document, • receipt of an invoice from Town, with all relevant or thirty days after the District's p backup documentation, whichever occurs last. 2004, Town shall provide District with a full On or before September 30, accounting of all Eligible Shared OperatingCosts for fiscal year 2003-2004 in the • statements (Balance Sheet and Revenue, Expense and form of audited financial . infor the LibraryFund), together with supporting Change Fund Balance documentation • . The total ofEligible all Eli ible Shared Operating Costs shall be reduced by the amount of any capital expenditures, reimbursements from other funding sources used to pay for expensesrequested for reimbursement and by ' operating revenues collected during the fiscal year any library fines, dues and p g ("Adjusted Operating Costs"). In the event that Town's audited FY 2003/2004 Page 4 of 9 Intergovernmental Agreement FY 2003/2004 Pima County Library District-Town of Oro Valley accounting determines that 50% of the Adjusted Operating Costs is less than the total of all District payments to Town during FY 2003/2004, Town shall reimburse District for the difference between total of all District payments to Town during Fy2003/2004 and 50% of the Adjusted Operating Costs. In the event that Town's J audited FY 2003/2004 accountingdetermines that 50% of the Adjusted Operating Costs is more than the total of all District payments to Town during FY 2003/2004, District mayreimburse Town up to the amount of that difference if there are sufficient available funds in District's 2003/2004 budget that will not be used for another purpose. District shall have 30 days after receipt of the Town's audited FY 2003/2004 accountingto notify Town in writing of specific objections to the Town's calculation. IV. Facilities Identification. The Town Library is the approximately 15,000 sq. a facilitylocated at 1305 W. Naranja Drive, Oro Valley, Arizona ft. existing library 85737. Any increase in operational expenditures, due to future expansion of the facility will be negotiated at a later date. V. New Facilities. New librarybranches constructed or established by either party after the effective date of this agreement may be added to this provided that: (1 ) the party adding the branch gives the other Agreement, party 60 days prior notice in writingof the additional branch or increase of • and (2) to a branch, or increase in existing branch, existing branch, prior ,adding . Agreement, the partywhich is constructing or establishing it, will equip, to this Agre furnish, and stock the new branch. Addition of a new branch shall not affect the total amount of reimbursement byDistrict unless the Library District Board of Directors approves an amendment to this Agreement. VI. Operational Cooperation. District and Town agree: A. Town shall obtain approval from District before implementing any actions that could increase Total Eligible Shared Operating Costs by more than 1 percent (%). g B. Town agrees to consult closely with District on potential significant changes to the succeeding fiscal year budget. C. g g Upon request of the District Board of Directors, the Town's administrator will meet with the District Board to discuss library issues. D. For operational and notice purposes, each of the parties designates the following representative: TOWN: DISTRICT: Town of Oro Valley Pima County Brent Sinclair Kate O'Rielly Community Development ment Director Community Resource Director Page 5 of 9 Intergovernmental Agreement FY 2003/2004 Pima County Library District-Town of Oro Valley 11 ,000 N. La Canada Drive 130 W Congress, 10th Floor Oro Valley, Arizona 85737 Tucson, Arizona 85701 Audit Rights. The District shall have the right to audit the books and VII. g documents of the Town relatingto the operation of Town Library or use of funds provided pursuant to this Agreement. The Town shall have the right to audit the books and documents of the District relating to this Agreement. VIII. Maintenance of Records. The Parties shall keep and maintain proper and complete books, records and accounts, which shall be open at all p reasonable times for inspection and audit by duly authorized representatives of either party. In addition, Town shall retain all records relating to this contract at least 5 years after its termination or cancellation or, if later, until any related pendingproceeding or litigation has been closed. Termination. Either partymay terminate this Agreement at any time by IX. giving written notice of such termination and specifying the effective date Y (30)thereof, at least thirtda s before the effective date of such termination. Y As per construction contract 01-03-0-126470-0899, Intergovernmental Agreement between Pima County and the Town of Oro Valley for the Oro Valley Public Library, passed and on 1 September 1999, Section 8.C.7 "If termination occurs after completion of construction, Town will pay to County a sum equal to 50% of the present value of the project facilities. Upon receipt of payment, Countywill transfer its ownership interest in the project facilities to Town." X. Disposal of Property. Upon the termination or expiration of this ent all property involved shall belong to the owner prior to or as Agreement, p p Y established in this Agreement. Termination or expiration shall not relieve any party from liabilities or costs alreadyincurred under this Agreement or from the obligation of creatingan accurate inventory of property purchased, nor shall it affectownership anyof property pursuant to this Agreement. Indemnification. Each party (as `indemnitor') agrees to indemnify, XI. defend, and hold harmless the other party (as `indemnitee') from and against any and all liability,losses, liabilit , cost, or expenses (including reasonable attorney's fees) (hereinafter collectivelyreferred to as `claims') arising out of bodily injury of any person (includingdeath) or property damage but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee, are caused bythe act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. Page 6 of 9 Intergovernmental Agreement FY 2003/2004 Pima County Library District-Town of Oro Valley XII. Compliance with laws. Each party shall comply with all federal, state • ' standards and Executive Orders, without and local laws, rules, regulations,within this Agreement. The laws and regulations limitation to those designated g • the rights of theparties, the performance of of the State of Arizona shall govern g . ' s hereunder. Any action relating to this this Agreement and any dispute . g Pima County. Any changes in Agreement shall be brought in an Arizona court in regulations duringthe terms of this Agreement thegoverning laws, rules and • amendment. This Agreement, and all apply but do not require an g shall pp y obligations upon District or Town arising therefore, shall be subject to any limitationimposed im osed by budget law or regulation. XIII. Non-Discrimination. Neitherparty art shall discriminate against any District other individual in any way because or Town employee, client or any of that. sex, disability or national origin in the person's age, race, creed, color, religion, • p Agreement. Both parties shall course of carrying out duties pursuant to this rY g comply with the applicableprovision rovision of Executive Order 75-5, as amended by • is incorporated into this Agreement by reference, as Executive Order 99-4, which p if set forth in full herein. XIV. Disability law Compliance. Town and District shall comply with all applicable provision of the • • Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. • provision of this Agreement is held to be invalid or XV. Severability. If any g unenforceable, the remaining provisions shall continue to be valid and enforceable to the full extent permitted by law. Agreement is subject to cancellation for XVI. Conflict of Interest. This g • . . • 38-51 1 , the pertinent provisions of which conflict of interest pursuant to A.R.S. are incorporated herein by reference. - vailability. Notwithstanding XVII. Non-Appropriation/Non any other A • • Agreement, this Agreement may be terminated if for any reason provision in this Agreem g the District Board of Directors or the Town Council does not appropriate • of maintainingthis Agreement or that sufficient monies for the purpose ' for use for this Agreement. In the event of appropriated funds are not available . shall have no further obligation such cancellation, District or Town, respectively, to the other party except for payment for services rendered prior to cancellation. • partywarrants to the other its legal authority to XVIII. legal Authority. Neither court, at the request of a third person, should enter into this Agreement. If a q declare that either p party lacks authority rit to enter into this Agreement, or any part Page 7 of 9 Intergovernmental Agreement FY 2003/2004 Pima County Library District-Town of Oro Valley of it, then the Agreement, or reementparts of it affected by such order, shall be null and void, and no recovery maybe had byeither party against the other for lack of performance or otherwise. XIX. Worker's Compensation. Each party shall comply with the notice of A.R.S. § 231022( ) purposes E . For of A.R.S. § 23-1022, each party shall be considered the primary employer of all personnel currently or hereafter party, irrespective by , that art irres ective of the operations of protocol in place, and said party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. XX. No Joint Venture. It is not intended by the Agreement to, and nothing g contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between District and any Town employees, or Town and anyDistrict employees. Neither party shall be liable for any between debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. XXI. No Third Party Beneficiaries. Nothing in the provision of this Agreement tocreate duties or obligations to or rights in third parties not parties is intended g to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care different from the standard of care imposed by law. Agreement. This document constitutes the entire agreement XXII. Entire g . thepartiespertaining to the subject matter hereof, and all prior or between agreements and understandings, oral or written, are hereby contemporaneousg g superseded and merged herein. This Agreement shall not be modified, amended, altered or extended except through a written amendment signed by thep arties and recorded with the Pima County Recorder. Page 8 of 9 Intergovernmental Agreement FY 2003/2004 Pima County Library District-Town of Oro Valley In Witness Whereof, District has caused this Agreement to be executed by the Chair of its Board of Directors, upon resolution of the Board and attested to by the Clerk of the Board and Town has caused this Intergovernmental Agreement to be executed by . PIMA COUNTY LIBRARY DISTRICT TOWN: Sharon Bronson, Chair Paul Loomis, Mayor Board of Directors ATTEST: ATTEST: Lori Godoshian Town Clerk Clerk of the Board APPROVED AS TO CONTENT: C.H. Huckelberry County Administrator The foregoing Intergovernmental Agreement between Pima County Library District and Town of Oro Valley has been reviewed by the undersigned, who have determined that it is in the proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. Pima County Library District Town of Oro Valley Deputy County Attorney Town Attorney Page 9 of 9 Intergovernmental Agreement FY 2003/2004 Pima County Library District-Town of Oro Valley Attachment A TOWN OF ORO VALLEY COMMUNITY DEVELOPMENT LIBRARY SERVICES DIVISION GENERAL FUND FISCAL YEAR 2003-2004 BUDGETED EXPENDITURES vs.REIMBURSABLE EXPENSES Eligible Shared Operating Costs-as amended from Adopted Budget CURRENT YEAR BUDGET YEAR 2003/2004 Library District 2002-2003 ESTIMATED 2003-2004 COUNCIL Reimbursement Library District will be held liable for 50%of listed budgeted line items,as modified. If Oro Valley exceeds the line item DESCRIPTION BUDGET ACTUAL APPROVAL Expenses budget,as modified,they are responsible for ALL of the overage. Salaries&Wages $ 425,771 $ 364,160 $ 401,935 $ 401,935 Group Insurance 35,325 31,451 40,685 40,685 Social Security/Medicare 32,435 28,022 30,550 30,550 401 (A)Retirement Contributions 29,679 13,656 23,761 23,761 Workers'Compensation 806 1,015 1,118 1,118 Other Employee Benefits 432 5,980 480 480 Payments to COT for circulation svcs,printer&copier svcs, Outside Professional Services $ 177,060 $ 151,700 $ 125,700 125,700 telecommunication and T-1 lines. Water&Sewerage 4,500 4,200 4,200 4,200 Garbage&Trash 2,000 2,600 2,600 2,600 Equipment Repair&Maintenance 1,000 100 750 750 Landscaping Services 10,000 10,000 9,000 - Town of Oro Valley expense. Rental(Storage) 1,800 1,200 562 562 For Copier Public Liability Insurance 2,254 2,300 2,592 2,592 Telecommunications 20,000 20,000 4,000 4,000 Only if voice communication bill is ever paid. Postage 2,000 800 800 800 •rtising 3,000 1,485 600 600 ing&Binding 3,000 3,200 2,000 2,000 Travel&Training 7,000 7,000 5,200 _ Town of Oro Valley expense. Memberships&Subscriptions 1,155 1,155 1,175 1,175 Less$600 for plates,vases,other items purchased for special Office Supplies 5,000 22,170 5,000 4,400 events. Natural Gas&Electricity 38,000 41,143 41,000 41,000 Non-Capitalized Equipment 8,000 2,700 3,290 3,290 Less$1,100 for Jewell Coffee Service;Less$480 for snacks Miscellaneous Other Operating 4,000 16,000 2,450 870 for meetings&youth groups Friends of the Oro Valley Public Library 5,000 1,700 - - Town of Oro Valley expense. Collection Materials&Subscriptions 170,000 150,000 170,000 170,000 Custodial services will be included for FY 2004 due to a misunderstanding. They will not be included in any further IGA's as the usual and customary practice is for the governmental entity with control to be responsible for this Custodial Services 17,500 27,360 25,200 25,200 expense. Custodial supplies will be included for FY 2004 due to a misunderstanding. They will not be included in any further IGA's as the usual and customary practice is for the governmental entity with control to be responsible for this Custodial Supplies - 1150 2,000 2,000 expense. Volunteer Appreciation - 2000 3,000 - Town of Oro Valley expense. Library District will only cover 50%of actual library program supplies. Recreational program supplies and food supplies Program Supplies - 1150 7,000 7,000 will be excluded. Building Maintenance are the responsibility of the Building Maintenance - - 450 - governmental entity with control over the facility. TOTAL EXPENDITURES $1,006,717 $ 915,397 $ 917,098 897,268 ` Maximum due(50'7o of modified approved budgeted $ 448,634 expenses)from the Library District to the Town of Oro Valley. Attachment B TOWN OF ORO VALLEY COMMUNITY DEVELOPMENT LIBRARY SERVICES DIVISION GENERAL FUND FISCAL YEAR 2003-2004 REMAINING REIMBURSABLE EXPENSES Library District Reimbursement Reimbursement Balance Available Reimbursement for 1st Quarter for 2nd Quarter for DESCRIPTION Expenses FY 2003/2004 FY 2003/2004 Reimbursment Salaries &Wages $ 401,935 92,281.26 93,386.57 216,267.17 Group Insurance 40,685 9,686.00 10,296.18 20,702.82 Social SecuritylMedicare 30,550 6,938.21 6,996.21 16,615.58 401 (A) Retirement Contributions 23,761 4,422.04 3,542.95 15,796.01 Workers'Compensation _ 1,118 - 314.00 804.00 Other Employee Benefits 480 (2,717.79) 1,560.14 480.00 Outside Professional Services 125,700 - 13,568.00 112,132.00 Water&Sewerage 4,200 713.46 497.61 2,988.93 Garbage&Trash 2,600 406.94 271.84 1,921.22 _ uipment Repair&Maintenance 750 46.83 140.49 562.68 Landscaping Services - - Rental(Storage) 562 326.01 154.56 81.43 Public Liability Insurance 2,592 648.00 648.00 1,296.00 Telecommunications 4,000 4,000.00 Postage 800340.53 332.92 126.55 _ Advertising 600 - 16.63 583.37 Printing&Binding 2,000 - - 2,000.00 Travel&Training - - 2,157.78 - Memberships &Subscriptions 1,175 (60.00) 360.00 875.00 Office Supplies 4,400 1,374.62 1,499.99 1,525.39 Natural Gas &Electricity41,000 11,336.32 10,621.97 19,041.71 _ Non-Capitalized Equipment 3,290 652.72 2,504.96 132.32 Miscellaneous Other Operating 870 145.70 121.18 603.12 Friends of the Oro Valley Public Library - - - Collection Materials &Subscriptions 170,000 42,448.00 127,552.00 Custodial Services 25,200 3,200.00 4,800.00 17,200.00 Custodial Supplies 2,000 257.98 311.49 1,430.53 Volunteer Appreciation - - - _ Program Supplies 7,000 154.23 239.09 6,606.68 _ ilding Maintenance - II TOTAL EXPENDITURES 897,268.00 130,153.06 196,790.56 571,324.51 $ 448,634.00 $ 65,076.53 $ 98,395.28 $ 285,662.26 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: May 5, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: Shirley Seng,Utility Administrator T: Resolution No. (R) 0441 Providing Notice of Intent to Establish and Increase sUBJEc Water Rates, Fees and Charges for the Oro Valley Water Utility SUMMARY: The Oro Valley Water UtilityCommission has recommended a 3.0% increase in potable and reclaimed water rates for upcoming FY 2004-05. Additionally, the Commission has recommended increases in the existing p g reconnect fees and construction inspection fees and the establishment of plan revision fees and document reproduction fees. All rates, fees and charges are discussed in detail in the attached Rate Report. This recommendation was based on review of the utility's estimated revenue requirements which included costs personnel, operations/maintenance, ca ital im rovements and debt service. In evaluating rates and related to p improvements fees, the Commission examined the following conditions: the recommended financial scenario met Town policiesthe operating and bond covenants; costs were reviewed and determined to be appropriate;the proposed increase was kept to a minimum;and the rates were designed to encourage water conservation. statutes, municipalities maynot increase water rates without adopting a Notice of Intent to Pursuant to Arizona p Increase Water Rates and must make a Rate Report available for public review and comment thirty (30) days prior to the public ublic hearing. The attached Resolution serves as the Town's Notice of Intent to Establish and Increase Water Rates, Fees and Charges for the Oro Valley Water Utility and establishes a public hearing date g forJune 16, 2004 allowing the Mayor Mor and Council an opportunity to receive comments from the public and to formally consider a modification to the rates currently in effect. y y rate increase authorized b y Mayor and Council would be done via a future resolution. The new Any rates would become effective thirty (30) days after adoption of that resolution. FISCAL IMPACT: The (R)adoption of Resolution No. 04-41 Providing Notice of Intent to Establish and Increase Water Rates, Fees and Charges will have no financial impact. Should Council approve a future resolution to increase water rates, the increase will provide revenue sufficient to meet proposed revenue requirements. STAFF RECOMMENDATIONS: Staff respectfully recommends adoption of Resolution No. (R) 04- 41 Providing Notice of Intent to Establish p y p and Increase Water Rates, Fees and Charges for the Oro Valley Water Utility with Exhibit "A" serving as the por f required Rate Reportpublic review and establishing a public hearing on the matter for June 16, 2004. ATTACHMENTS: 1. Resolution No. 04- 41 Providing Notice of Intent to Establish and Increase Water Rates, Fees and (R) g Charges for the Oro Valley Water Utility 2. Exhibit"A"—Oro Valley Water Utility Rate Report TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 SUGGESTED MOTION: I move to approve Resolution Na (R) 04- 41 Providing Notice of Intent to Establish and Increase Water Rates, Fees and Charges for the Oro Valley Water Utility and establishing a public hearing date for June 16, 2004. Or I move to ,i6j/LU tility Adinini trator W. Utility Dire tor .../rAda A, , Town Manag RESOLUTION NO. (R) 04- 41 RESOLUTION OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA PROVIDING NOTICE OF INTENT TO ESTABLISH AND INCREASE WATER RATES, FEES AND CHARGES FOR THE ORO VALLEY WATER UTILITY Oro Valleyhas the requisite statutory authority to acquire, own and maintain a WHEREAS, water utilityfor the benefit of the landowners within and without the Town's Corporate boundariespursuant to the provision of Arizona Revised Statute 9-511 et. Seq.; and a political WHEREAS, Oro Valleyis subdivision of the State of Arizona, and pursuant to Article 13, Section 7 of the Arizona constitution, is vested with all the rights, privileges and benefits, and entitled to the immunities and exemptions granted municipalities and political subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, Oro Valley now finds it necessary to consider establishing and increasing water g rates, fees and charges for the Oro Valley Water Utility pursuant to Arizona Revised Statute 9- 511.01; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, PIMA COUNTY,ARIZONA: 1. That Notice of Intent to Establish and Increase Water Rates, Fees and Charges is hereby given for the Oro Valley Water Utility. 2. That not less than twenty(20) days prior to the public hearing, the Town of Oro Valley shall cause to bep ublished one time in a newspaper of general circulation within the Town's boundaries, a Notice of Intention showing the date,time and place of hearing. 3. That ap ublic hearingbe held on the proposed increases at a regular meeting of the Mayor and Council at 7:00 PM on June 16, 2004 in the Council Chambers of the Town of Oro Valley, Town Hall, 11000 N. La Canada Dr., Oro Valley, Arizona. 4. That Exhibit "A" attached hereto be made available to the public in the office of the Town Clerk for review and comment for thirty (30) days prior to the public hearing. PASSED AND ADOPTED bythe Mayor and Council of the Town of Oro Valley, Pima County, Arizona this 5th day of May, 2004. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Mark Langlitz, Town Attorney EXHIBIT 'A' (See attached: Oro Valley Water Utility Rate Report dated May 5, 2004) 0 A�q�O29 t 1°' � F°UNDED 111 Oro Valley Water Utility May 5, 2004 Rate Report in support of: Proposed Increase in Potable Water Rates Proposed Increase in Reclaimed Water Rates Proposed Increase to Reconnect Fees Proposed Addition to Construction Inspection Fees Proposed Establishment of New Development Plan Revision Fees Proposed Establishment of Document Reproduction Fees TABLE OF CONTENTS Page Potable Water Rate Discussion 1 Reclaimed Water Rate Discussion 3 Assumptions 5 Recommended Financial Scenario 9 Revenue & Expense Projections FY 2004-05 to FY 2013-14 10 Proposed Rate Schedule FY 2004-05 15 Impact to Consumers FY 2004-05 17 Reconnect Fees Discussion 22 Construction Inspection Fees Discussion 25 New Development Plan Revision Fees Discussion 27 Document Reproduction Fees Discussion 29 POTABLE WATER RATE DISCUSSION - 1 - INCREASE TO POTABLE WATER RATES The Oro Valley Water Utility Commission has recommended a 3.0% increase in potable water rates for FY 2004-05. This recommendation is based on review of the utility's revenue requirements which include costs related to personnel, operations/maintenance, capital improvements and debt service. In evaluating water rates and fee structures, the Commission examines the following conditions: the financial scenario must meet Town policies and bond covenants; the operating costs have been reviewed and determined to be appropriate; the proposed rate increase is kept to a minimum; and the rates are designed to encourage water conservation. Oro Valley Water Utility staff has made every effort to reduce operating costs where possible. Personnel costs are projected to increase by $66,300 as a result of the addition of one new employee, reclassification of two existing employees, and merit and COLA increases for existing employees. The new employee would assist with the conservation program. Operating/maintenance costs are projected to decrease by $934,000 largely due to completion of the design for the reclaimed water system. Depreciation and amortization are projected to increase by $93,500 as a result of capital improvements constructed and placed into service during FY 2003-04 and the amortization of bond issuance costs. Capital improvements for the potable water system are projected to be $6,136,500 and will be funded by bonds sold in December 2003. Although the utility incurred additional debt during FY 2003-04, debt service is projected to decrease by $557,300 as a result of refinancing existing debt that had interest rates at or above 6%. The utility was able to avoid direct funding of debt service reserve in excess of$2.5 million by insuring the bonds with a financial guaranty insurance policy which cost $157,000. Additionally, the Town agreed to covenant that the Contingent Reserve Required Coverage would be maintained in an amount greater than 130%. This means that the utility's net revenues must be greater than 130% of the principal and interest payments due on the Series 2003 outstanding bonds, plus any proposed bond issues in future years, for the life of the bonds. For example, the Series 2003 debt service is $2,205,622 for FY 2004-05; therefore, the utility's net revenues must be greater than $2,867,300. The debt service schedules included in this report illustrate the projected debt service coverage for the 10-year period. The proposed potable water rates and the impact to consumers are contained in the Recommended Financial Scenario included in this report. - 2 - RECLAIMED WATER RATE DISCUSSION - 3 - INCREASE TO RECLAIMED WATER RATES The Oro Valley Water Utility Commission has recommended a 3% increase in the reclaimed water rates. The reclaimed water rates were established in October 2003. The monthly base rates for reclaimed water were set equal to the potable water base rates. The reclaimed water commodity rate was set equal to Tier 1 of the potable water rates. The Commission has recommended maintaining reclaimed water rates equal to the potable water rates; therefore, the 3% increase would only become effective if the potable water rates are increased as proposed. The projected expenses for the reclaimed water system for FY 2004-05 include personnel costs of$14, 500 which represents one employee who is proposed to be hired in April 2005. Other costs include depreciation on plant in the amount of$150,000 and capitalized interest on the reclaimed portion of the Series 2003 bonds in the amount of $550,300. Capital improvements to construct phase 1 of the reclaimed water system total $10,973,800. The capital improvements will be funded with Series 2003 bonds. All other projected expenses will be funded with groundwater preservation fees and alternative water resource development impact fees collected during FY 2003-04 and FY 2004-05. The Oro Valley Water Utility does not currently have any reclaimed water customers; however, it is anticipated that three of the large turf irrigation customers will begin receiving reclaimed water in July 2005. The amount of the proposed reclaimed water rates are contained in the Recommended Financial Scenario included in this report. - 4 - ASSUMPTIONS - 5 - RECOMMENDED FINANCIAL SCENARIO ASSUMPTIONS Potable Water System: 1. Growth is based on 420 new connections annually over the 10-year period. To be conservative, it was assumed that all of the new connections would be residential customers. 2. Golf courses will be removed from groundwater as follows: Stone Canyon (18 holes) July 2005 Vistoso Highlands (18 holes) July 2005 Sun City (18 holes) July 2005 El Conquistador (36 holes) July 2007 El Conquistador 9-hole golf course will not be removed for these projections. 3. Three percent (3%) revenue increases from FY 2004-05 thru FY 2009-10 with no projected increases thereafter. 4. Rate increases are effective at the beginning of each fiscal year. 5. Personnel costs include 1 new FTE in FY 2004-05, FY 2005-06, FY 2008-09 and FY 2011-12. 6. Personnel costs are increased 3% annually for Merit& COLA. 7. Operations &maintenance costs increase annually by 2.38%, 2.42%, 2.45% and 2.50% for the first 4 years and 3% annually thereafter. 8. CAP costs increase annually for excess water charges to the CAGRD. These charges decrease as golf courses are removed from groundwater; however, increase as growth occurs. 9. No additional CAP water rights acquired during the 10-year period. 10. The utility will continue to recharge 2500 acre feet of CAP water annually. 11. Series 2006 bond issue is planned for spring of 2006. Debt service on the Series 2006 bonds will begin July 1, 2007, but the portion of this issue related to the second phase of the reclaimed system will have interest deferred and capitalized through July 1, 2008. This issue will carry a projected interest rate of 6% and a 25-year term. Semi- annual payments for this portion of the Series 2006 bonds are expected to start January 1, 2009. 12. Potable portion of debt will be repaid with revenue derived from potable water sales and potable water development impact fees. - 6 - RECOMMENDED FINANCIAL SCENARIO ASSUMPTIONS (continued) 13. There is no increase to the groundwater preservation fee in the 10-year projections. 14. There is no increase to the potable water development impact fees in the 10-year projections. 15. Contingent Reserve Required Coverage exceed 130%. 16. The utility does not experience a loss for more than 2 consecutive years. 17. The minimum cash balances meet or exceed 15% of cash outlays excluding capital. 18. Retained earnings maintain a positive balance. 19. Any adjustments to potable water rates after FY 2004-05 considered herein will be uniform percentage changes in all rates. Reclaimed Water System: 1. Reclaimed water base rates are equal to potable water rates and the reclaimed commodity rate is equal to Tier 1 of the potable water rate. As a result,when potable water rates are increased, reclaimed water rates will be increased accordingly. 2. Assumed a 10% discount in reclaimed commodity rates beginning in FY 2007-08. 3. Reclaimed users are assessed the groundwater preservation fee—no projected increases. 4. Personnel costs include 2 FTEs over the 10-year period. One hired 3 months prior to Phase 1 deliveries (April 2004) and one hired 3 months prior to Phase 2 deliveries (April 2007). 5. Power for pumping is based on $35.59 per acre foot and increases by 3% annually. 6. Reclaimed water costs from Tucson start at $331.86 per acre foot—increases by 3% annually—decreases when more water is taken. (information from Tucson Water) 7. Chemicals for disinfection are based on $1.35 per acre foot pumped and increases by 3% annually. 8. Equipment and supplies are 16% of the sum of personnel,power and chemical costs. - 7 - RECOMMENDED FINANCIAL SCENARIO ASSUMPTIONS (continued) 9. Series 2006 bond issue is planned for spring of 2006. Debt service on the Series 2006 bonds will begin July 1, 2007,but the portion of this issue related to the second phase of the reclaimed system will have interest deferred and capitalized through July 1, 2008. This issue will carry a projected interest rate of 6% and a 25-year term. Semi- annual payments for this portion of the Series 2006 bonds are expected to start January 1, 2009 10. The reclaimed portion of debt will be repaid with reclaimed water sales, groundwater preservation fees and alternative water resource development impact fees. 11. There is no projected increase to the groundwater preservation fee in the 10-year period. 12. Alternative water resource development impact fees are not expected to increase over the 10-year period. 13. Golf courses will begin receiving reclaimed water as follows: Stone Canyon (18 holes) July 2005 Vistoso Highlands (18 holes) July 2005 Sun City (18 holes) July 2005 El Conquistador (36 holes) July 2007 Proposed New Golf Course(18 holes) July 2013 El Conquistador 9-hole golf course will not be considered for these projections - 8 - RECOMMENDED FINANCIAL SCENARIO FOR POTABLE AND RECLAIMED WATER SYSTEMS - 9 - REVENUE & EXPENSE PROJECTIONS - 10 - O ti LC) O Cr o N A N C) 00 Co ` O 1 ch N N r O LC) O O Co C O N N N >- LCc L.L. U, to M O O CO CO o N N in N TrO O ,r N M r O N- C.") O N Co M LL ~ EA Eli CV r r CO 0 0 o N M N. N. O CO O 'r r N N r O O N M LC) LL CO' 69 to 6 CO COM 't CO 0 0 O O N N r 't O O Co COO N CO >- C LL CA CA a NN r CO O o N Ln N. r CO 0 m. 07 .4-N N r O M O O O CO M N 0 0) r N LL N- Eft Ef} C) _^ O 9 M Tr co.SN M O O N N r r CO 0 O CO M O N O N N CO LL n- Et} Eft 0 O C.) d' ~ O COO O ~ N N r O O C.) 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CI_ ac CO 0 Z 0 Z 0 I— 0 w Lt -14- RATE SCHEDULE RS-1 - 15 - ORO VALLEY WATER UTILITY RATE SCHEDULE RS-1 PROPOSED POTABLE WATER RATES FOR FY 2004-2005 METER BASE RATE COMMODITY COMMODITY COMMODITY SIZE includes TIER 1 TIER 2 TIER 3 ZERO gallons $1.98 PER 1000 GALS. $2.68 PER 1000 GALS. $3.58 PER 1000 GALS. 5/8 x 3/4 $12.65 0 - 10,000 10,001 -25,000 OVER 25,000 3/4 x 3/4 $18.95 0 - 10,000 10,001 -25,000 OVER 25,000 1 $31.50 0 - 16,000 16,001 -27,000 OVER 27,000 1.5 $63.15 0 -38,000 38,001 - 64,000 OVER 64,000 2 $101.00 0 - 80,000 80,001 - 134,000 OVER 134,000 3 $202.00 0 - 186,000 186,001 - 311,000 OVER 311,000 4 $316.00 0 - 169,000 169,001 -283,000 OVER 283,000 6 $631.00 0- 1,800,000 1,800,001 - 3,006,000 OVER 3,006,000 8 $1,262.00 0 - 1,800,000 1,800,001 - 3,006,000 OVER 3,006,000 PROPOSED RECLAIMED WATER RATES FOR FY 2004-2005 METER BASE RATE COMMODITY COMMODITY COMMODITY SIZE includes TIER 1 TIER 2 TIER 3 ZERO gallons $1.98 PER 1000 GALS. $2.68 PER 1000 GALS. $3.58 PER 1000 GALS. 5/8 x 3/4 $12.65 ALL USAGE N/A N/A 3/4 x 3/4 $18.95 ALL USAGE N/A N/A 1 $31.50 ALL USAGE N/A N/A 1.5 $63.15 ALL USAGE N/A N/A 2 $101.00 ALL USAGE N/A N/A 3 $202.00 ALL USAGE N/A N/A 4 $316.00 ALL USAGE N/A N/A 6 $631.00 ALL USAGE N/A N/A 8 $1,262.00 ALL USAGE N/A N/A NO CHANGES ARE PROPOSED TO THE EXISTING GROUNDWATER PRESERVATION FEE. THE FEE REMAINS AT 210 PER 1,000 GALLONS. - 16 - IMPACT TO CONSUMERS - 17 - TABLE FOR MONTHLY CHARGES& PERCENT INCREASE COMPARISON CUSTOMERS WITH A 5/8 X 3/4" METER PROPOSED BASE RATE 3% INCREASE IN BASE RATE FROM $12.30 TO$12.65 (INCLUDES 0 GALS) PROPOSED COMMODITY 3.0% INCREASE IN TIER 1 FROM $1.92 TO$1.98 (0 - 10,000 GALS) 5.0% INCREASE IN TIER 2 FROM $2.55 TO$2.68 (10,001 -25,000 GALS) 10.0% INCREASE IN TIER 3 FROM $3.25 TO $3.58 (OVER 25,000 GALS) RS-1 Groundwater Preservation Fee$0.21 per 1,000 gallons -No Proposed Increase GROUNDWATER TOTAL TOTAL GALLONS CURRENT PROPOSED AMOUNT OF PERCENT PRESERVATION AMOUNT OF PERCENT USED WATER RATE WATER RATE INCREASE INCREASED FEE MONTHLY INCREASED Before GPF Before GPF (no increase) BILL 0 12.30 12.65 0.35 2.8% 0.00 12.65 2.8% 1,000 14.22 14.63 0.41 2.9% 0.21 14.84 2.9% 2,000 16.14 16.61 0.47 2.9% 0.42 17.03 2.9% 3,000 18.06 18.59 0.53 2.9% 0.63 19.22 2.9% 4,000 19.98 20.57 0.59 3.0% 0.84 21.41 3.0% 5,000 21.90 22.55 0.65 3.0% 1.05 23.60 3.0% 6,000 23.82 24.53 0.71 3.0% 1.26 25.79 3.0% 7,000 25.74 26.51 0.77 3.0% 1.47 27.98 3.0% 8,000 27.66 28.49 0.83 3.0% 1.68 30.17 3.0% 9,000 29.58 30.47 0.89 3.0% 1.89 32.36 3.0% 10,000 31.50 32.45 0.95 3.0% 2.10 34.55 3.0% 11,000 34.05 35.13 1.08 3.2% 2.31 37.44 3.2% 12,000 36.60 37.81 1.21 3.3% 2.52 40.33 3.3% 13,000 39.15 40.49 1.34 3.4% 2.73 43.22 3.4% 14,000 41.70 43.17 1.47 3.5% 2.94 46.11 3.5% 15,000 44.25 45.85 1.60 3.6% 3.15 49.00 3.6% 16,000 46.80 48.53 1.73 3.7% 3.36 51.89 3.7% 17,000 49.35 51.21 1.86 3.8% 3.57 54.78 3.8% 18,000 51.90 53.89 1.99 3.8% 3.78 57.67 3.8% 19,000 54.45 56.57 2.12 3.9% 3.99 60.56 3.9% 20,000 57.00 59.25 2.25 3.9% 4.20 63.45 3.9% 21,000 59.55 61.93 2.38 4.0% 4.41 66.34 4.0% 22,000 62.10 64.61 2.51 4.0% 4.62 69.23 4.0% 23,000 64.65 67.29 2.64 4.1% 4.83 72.12 4.1% 24,000 67.20 69.97 2.77 4.1% 5.04 75.01 4.1% 25,000 69.75 72.65 2.90 4.2% 5.25 77.90 4.2% 26,000 73.00 76.23 3.23 4.4% 5.46 81.69 4.4% 27,000 76.25 79.81 3.56 4.7% 5.67 85.48 4.7% 28,000 79.50 83.39 3.89 4.9% 5.88 89.27 4.9% 29,000 82.75 86.97 4.22 5.1% 6.09 93.06 5.1% 30,000 86.00 90.55 4.55 5.3% 6.30 96.85 5.3% 31,000 89.25 94.13 4.88 5.5% 6.51 100.64 5.5% 32,000 92.50 97.71 5.21 5.6% 6.72 104.43 5.6% 33,000 95.75 101.29 5.54 5.8% 6.93 108.22 5.8% 34,000 99.00 104.87 5.87 5.9% 7.14 112.01 5.9% 35,000 102.25 108.45 6.20 6.1% 7.35 115.80 6.1% 36,000 105.50 112.03 6.53 6.2% 7.56 119.59 6.2% 37,000 108.75 115.61 6.86 6.3% 7.77 123.38 6.3% 38,000 112.00 119.19 7.19 6.4% 7.98 127.17 6.4% 39,000 115.25 122.77 7.52 6.5% 8.19 130.96 6.5% 40,000 118.50 126.35 7.85 6.6% 8.40 134.75 6.6% =Average Residential Usage - 18 - RS-1 TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 3/4"x 3/4" METER BASE RATE = $18.95 COMMODITY RATE: TIER 1 = $1.98 FOR 0- 10,000 GALLONS TIER 2 = $2.68 FOR 10,001 -25,000 GALLONS TIER 3 = $3.58 FOR USAGE OVER 25,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF GROUNDWATER TOTAL TOTAL USED IN CURRENT PROPOSED INCREASE INCREASE PRESERVATION MONTHLY PERCENT 1 MONTH RATE RATE Before GPF Before GPF FEE BILL INCREASED 0 18.40 18.95 0.55 3.0% 0.00 18.95 3.0% 10,000 37.60 38.75 1.15 3.1% 2.10 1.15 3.1% 25,000 75.85 78.95 3.10 4.1% 5.25 8.35 4.1% 40,000 124.60 132.65 8.05 6.5% 8.40 16.45 6.5% 50,000 157.10 168.45 11.35 _ 7.2% 10.50 21.85 7.2% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 1" METER BASE RATE = $31.50 COMMODITY RATE: TIER 1 = $1.98 FOR 0 - 16,000 GALLONS TIER 2 = $2.68 FOR 16,001 -27,000 GALLONS TIER 3 = $3.58 FOR USAGE OVER 27,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF GROUNDWATER TOTAL TOTAL USED IN CURRENT PROPOSED INCREASE INCREASE PRESERVATION MONTHLY PERCENT 1 MONTH RATE RATE Before GPF Before GPF FEE BILL INCREASED 0 30.60 31.50 0.90 2.9% 0.00 31.50 2.9% 16,000 61.32 63.18 1.86 3.0% 3.36 66.54 3.0% 27,000 89.37 92.66 3.29 3.7% 5.67 98.33 3.7% 38,000 125.12 132.04 6.92 5.5% 7.98 140.02 5.5% 50,000 164.12 175.00 10.88 _ 6.6% 10.50 185.50 6.6% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 1 1/2" METER BASE RATE = $63.15 COMMODITY RATE: TIER 1 = $1.98 FOR 0 -38,000 GALLONS TIER 2 = $2.68 FOR 38,001 -64,000 GALLONS TIER 3 = $3.58 FOR USAGE OVER 64,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF GROUNDWATER TOTAL TOTAL USED IN CURRENT PROPOSED INCREASE INCREASE PRESERVATION MONTHLY PERCENT 1 MONTH RATE RATE Before GPF Before GPF FEE BILL INCREASED 0 61.30 63.15 1.85 3.0% 0.00 63.15 3.0% 38,000 134.26 138.39 4.13 3.1% 7.98 146.37 3.1% 64,000 200.56 208.07 7.51 3.7% 13.44 221.51 3.7% 90,000 285.06 301.15 16.09 5.6% 18.90 320.05 5.6% 125,000 398.81 426.45 27.64 6.9% 26.25 452.70 6.9% - 19- RS-1 TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 2" METER BASE RATE = $101.00 COMMODITY RATE: TIER 1 = $1.98 FOR 0-80,000 GALLONS TIER 2 = $2.68 FOR 80,001 - 134,000 GALLONS TIER 3 = $3.58 FOR USAGE OVER 134,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF GROUNDWATER TOTAL TOTAL USED IN CURRENT PROPOSED INCREASE INCREASE PRESERVATION MONTHLY PERCENT 1 MONTH RATE RATE Before GPF Before GPF FEE BILL INCREASED 0 98.00 101.00 3.00 3.1% 0.00 101.00 3.1% 80,000 251.60 259.40 7.80 3.1% 16.80 276.20 3.1% 134,000 389.30 404.12 14.82 3.8% 28.14 432.26 3.8% 275,000 847.55 908.90 61.35 7.2% 57.75 966.65 7.2% 325,000 1,010.05 1,087.90 77.85 7.7% 68.25 1,156.15 7.7% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 3" METER BASE RATE = $202.00 COMMODITY RATE: TIER 1 = $1.98 FOR 0- 186,000 GALLONS TIER 2 = $2.68 FOR 186,001 -311,000 GALLONS TIER 3 = $3.58 FOR USAGE OVER 311,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF GROUNDWATER TOTAL TOTAL USED IN CURRENT PROPOSED INCREASE INCREASE PRESERVATION MONTHLY PERCENT 1 MONTH RATE RATE Before GPF Before GPF FEE BILL INCREASED 0 196.00 202.00 6.00 3.1% 0.00 202.00 3.1% 100,000 388.00 400.00 12.00 3.1% 21.00 421.00 3.1% 186,000 553.12 570.28 17.16 3.1% 39.06 609.34 3.1% 311,000 871.87 905.28 33.41 3.8% 65.31 970.59 3.8% 450,000 1,323.62 1,402.90 79.28 6.0% 94.50 1,497.40 6.0% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 4" METER BASE RATE = $316.00 COMMODITY RATE: TIER 1 = $1.98 FOR 0 - 169,000 GALLONS TIER 2 = $2.68 FOR 169,001 -283,000 GALLONS TIER 3 = $3.58 FOR USAGE OVER 283,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF GROUNDWATER TOTAL TOTAL USED IN CURRENT PROPOSED INCREASE INCREASE PRESERVATION MONTHLY PERCENT 1 MONTH RATE RATE Before GPF Before GPF FEE BILL INCREASED 0 306.30 316.00 9.70 3.2% 0.00 316.00 3.2% 100,000 498.30 514.00 15.70 3.2% 21.00 535.00 3.2% 169,000 630.78 650.62 19.84 3.1% 35.49 686.11 3.1% 283,000 921.48 956.14 34.66 3.8% 59.43 1,015.57 3.8% 350,000 1,139.23 1,196.00 56.77 5.0% 73.50 1,269.50 5.0% -20- RS-1 TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 6" METER BASE RATE = $631.00 COMMODITY RATE: TIER 1 = $1.98 FOR 0 - 1,800,000 GALLONS TIER 2 = $2.68 FOR 1,800,001 -3,006,000 GALLONS TIER 3 = $3.58 FOR USAGE OVER 3,006,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF GROUNDWATER TOTAL TOTAL USED IN CURRENT PROPOSED INCREASE INCREASE PRESERVATION MONTHLY PERCENT 1 MONTH RATE RATE Before GPF Before GPF FEE BILL INCREASED 0 612.60 631.00 18.40 3.0% 0.00 631.00 3.0% 1,000,000 2,532.60 2,611.00 78.40 3.1% 210.00 2,821.00 3.1% 1,800,000 4,068.60 4,195.00 126.40 3.1% 378.00 4,573.00 3.1% 3,006,000 7,143.90 7,427.08 283.18 4.0% 631.26 8,058.34 4.0% 5,000,000 13,624.40 14,565.60 941.20 6.9% 1050.00 15,615.60 6.9% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 8" METER BASE RATE = $1,262.00 COMMODITY RATE: TIER 1 = $1.98 FOR 0 - 1,800,000 GALLONS TIER 2 = $2.68 FOR 1,800,001 -3,006,000 GALLONS TIER 3 = $3.58 FOR USAGE OVER 3,006,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF GROUNDWATER TOTAL TOTAL USED IN CURRENT PROPOSED INCREASE INCREASE PRESERVATION MONTHLY PERCENT 1 MONTH RATE RATE Before GPF Before GPF FEE BILL INCREASED 0 1,225.20 1,262.00 36.80 3.0% 0.00 1,262.00 3.0% 1,000,000 3,145.20 3,242.00 96.80 3.1% 210.00 3,452.00 3.1% 1,800,000 4,681.20 4,826.00 144.80 3.1% 378.00 5,204.00 3.1% 3,006,000 7,756.50 8,058.08 301.58 3.9% 631.26 8,689.34 3.9% 5,000,000 14,237.00 15,196.60 959.60 6.7% 1050.00 16,246.60 6.7% GOLF COURSE CONSERVATION RATES TO BECOME EFFECTIVE WHEN USAGE EXCEEDS THE ARIZONA DEPT. OF WATER RESOURCES ANNUAL ALLOTMENT. -21 - RECONNECT FEES DISCUSSION - 22 - SERVICE FEES & CHARGES RECONNECT FEES Purpose: To provide the utility a means of recovering labor and material costs related to performing delinquent account turn off procedures. Reason: The costs related to delinquent account turn off procedures include staff labor, printed forms and envelopes, out-source mailing, and postage. The utility's costs to perform this procedure have increased annually; however, the fee has not been changed since it was established in 1996. Fee Description Current Fee Proposed Fee Increase Reconnect $ 25.00 $ 40.00 $ 15.00 Reconnect after hours $ 50.00 $ 70.00 $ 20.00 Additional: These fees are comparable to those assessed by Metropolitan Water Improvement District (MDWID) and Tucson Water. MDWID charges $40.00 for reconnection during normal business hours and $75.00 for reconnection after normal business hours. Tucson Water charges a$30.00 fee if they turn off the water, $35.00 to reconnect the fee after turn off and a$20.00 courtesy notification via telephone or a personal trip to the property prior to turn off. Costs: An itemized breakdown is contained on the following page. - 23 - RECONNECT FEES—ITEMIZED COST BREAKDOWN The following are the steps involved with the issuance of delinquent turn-offs and the related cost to perform each function per customer. This procedure is done twice each month. • Print Delinquent notices and preparation time (15 min) $ 4.55 Form $ 0.0127 Envelope $ 0.0155 Return Envelope $ 0.0336 Sort for errors or duplicate notices $ 5.83 • Sorting, folding, mailing of notice (out-source costs) Insert Notice $ 0.008 Insert Return envelope $ 0.015 Fold Notice before insertion $ 0.010 Meter and Seal Envelope $ 0.025 Postage $ 0.327 • Answering calls resulting from delinquent notices sent (4-5mm ) $ 0.96 • Print Delinquent Notice Report(25 min) $ 5.83 • Underline Delinquent Report for customer calls (20 min) $ 4.46 • Courtesy calls to customers (Avg. 170 calls 2 times each month) $ 1.12 (4-5 min per call) • Write up pink door hangers (3-4 min) $ 0.90 Stamp meter#on door hanger Pink Door Hanger form $ 0.112 • Update/marking Delinquent Report &Door Hangers (10 min) $ 2.42 • Arrangements/follow-up with customers (10 min) $ 2.42 • Copy Turn-off list(5 min) $ 1.12 Cost per copy $ 0.0099 • OPS Turn-off: Average 25 min drive time & lock off $ 6.32 IF meter is not buried • Collection of payment/writing receipt/updating master list(4 min) $ 0.96 • Calling OPS to reconnect service (2 min) $ 0.48 • OPS reconnect service 25 min drive time &unlock $ 6.32 • Delinquent turn-off fee adjustments to customers account(5 min) $ 1.52 • Approval/update to spreadsheet (4 min) $ 1.47 • OPS reconnect service after hours (2 hour minimum pay) $30.34 Total estimated cost to perform delinquent account turn off—regular hours $47.249 Total estimate cost to perform delinquent account turn off—after hours $71.269 The staff labor costs include actual wage plus 30%benefits. All charges would be the same for regular hours and after hours reconnection fees except for the OPS labor. The Town's on-call policy requires a minimum 2 hour pay if called out after normal working hours. - 24 - CONSTRUCTION INSPECTION FEES DISCUSSION - 25 - SERVICE FEES & CHARGES REVISION NEW DEVELOPMENT CONSTRUCTION INSPECTION FEES Purpose: To provide new development contractors a means by which construction inspection may be conducted at times other than normal working hours. Reason: Construction inspection is provided by the Water Utility to insure installation of water system improvements complies with established standards and procedures and the contract documents. Inspections are conducted during the normal working hours. Normal working hours are defined as an eight hour day which corresponds to the industry wide convention at this particular point in time. Fees are assessed for this service and are identified in the existing fee schedule. Occasionally the contractor may request inspection services for other than normal working hours or during the weekend and/or holidays. When a request is made, the request will be considered on a case by case basis and must be approved by the Water Utility Director. Requests may be denied for any reason. When a request is approved, the contractor will compensate the Water Utility for the total amount of time, to include travel time, that an inspector invests in conducting the inspection. Compensation will be based on the hourly rate the inspector is paid by the Utility plus a fringe benefit of 30%. These charges will be in addition to the existing construction inspection fees. This fee must be paid prior to the project being approved and accepted by the Utility and water service meters being released. Establishment of this fee is in keeping with the Town's policy that"development pays for itself'. - 26 - NEW DEVELOPMENT PLAN REVISION FEES DISCUSSION - 27 - SERVICE FEES & CHARGES NEW DEVELOPMENT PLAN REVISION FEES Purpose: To provide the utility a means of recovering labor costs related to performing new development plan revision reviews. Reason: The utility reviews new development plans prior to a developer constructing water lines for their project. Occasionally the developer wants to change the plans after they have already been reviewed and approved. When this occurs, the plans must be reviewed again by the utility to insure conformance with utility standards. Establishment of the New Development Plan Revision Fee is in keeping with the Town's policy that"new development pays for itself." Sr. Civil Average Time Eng. Tech. To Review Proposed Fee One time charge $ 24.56/Hr. 35-40 minutes $15.00 Additional: The fees identified above are for small changes in the plans that do not change the hydraulics of the system. Plan revisions that significantly change the hydraulics of the system will require a new hydraulic review and design review for which existing fees will be charged. - 28 - DOCUMENT REPRODUCTION FEES - 29 - SERVICE FEES & CHARGES DOCUMENT REPRODUCTION Purpose: To provide the utility a means of recovering labor and material costs related to providing document reproduction. Reason: The utility receives requests for documents that are considered public records; however, they are large documents typically prepared by a consultant or a printing vendor. The utility now has the resources to produce copies of water improvement plans and should be recovering its cost to provide the service. For larger, bound documents, the utility must still have the reproduction done by a consultant or a printing vendor. The utility should also be recovering its cost to provide these larger documents. Proposed fee for reproducing water improvement plans: Sr. Civil Paper & Eng. Tech. Large Total Proposed $24.56/Hr. Format Copier Cost Fee Cost per sheet $ 1.23 $ 0.25 $ 1.47 $ 1.50 Proposed fee for reproducing other documents including, but not limited to, the Potable Water System Master Plan, the Reclaimed Water System Master Plan and the Annual Report: Document Reproduction fee is equal to the utility's cost to have the document reproduced by a consultant or vendor. Additional: The more traditional requests for public records are referred to the Town Clerk's Office where fees have already been established. - 30 - TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: May 05, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: Alan Forrest, Water Utility Director SUBJECT: Presentation of Status of Reclaimed Water System Project SUMMARY: In an effort to keep the Town Council and the public informed as to the status of the Town's reclaimed water system project, staff has agreed to provide frequent updates during regularly scheduled Mayor and Council meetings. Our next update is scheduled for the meeting of May 05, 2004. For the May 5th meeting, we will be making a PowerPoint presentation that will recap the progress made on this project to date. In particular, we will present the current status of the reclaimed water system design and construction. Our engineering consultant on the project, CH2M-HILL, is a major partner in the development and implementation of this project and will assist in providing information to the Mayor and Council through these scheduled updates and other informational meetings during the life of the project. Water Utility Dir ctor Town anager TOWN OF ORO VALLEY 3 SUPPLEMENTAL INFORMATION COUNCIL COMMUNICATION MEETING DATE: May 5, 2004 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: RESOLUTION NO. (R) 04 — 38 AUTHORIZING AND APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND PIMA COUNTY FOR THE IMPLEMENTATION OF THE 2004 PIMA COUNTY BOND ISSUE PROJECT FUNDING (CONTINUED FROM APRIL 21, 2004) SUMMARY: Attached you will find the Intergovernmental Agreement (IGA) between the Town of Oro Valley and Pima County with respect to the Oro Valley projects included in the 2004 Pima County Bond Issue. This IGA is contingent upon the successful approval by the voters on May 18, 2004. At the time of distribution to you, we have verbal approval from the Pima County Administrative Staff that they are in agreement with the IGA as written. For your information, I have requested that the IGA be adopted by the Board of Supervisors on May 11, 2004 prior to the May 18th Election. As you will see on page 3, Section 2, "Implementation Periods," the language specifically identifies which Implementation Period each Oro Valley project will be scheduled for along with the associated fiscal year (i.e., FY 2004/2005). Also, additional language included in Section 3, "Acquisition of Real Property Rights," lays out procedural steps for both Oro Valley and Pima County regarding acquisition and ownership of this real property. RECOMMENDATION: Due to the significant nature of the Oro Valleyprojects contained within the May 18th g Pima County Bond Election, I recommend approval of Resolution No. (R) 04— 38 in order to provide assurances in the event the Bond Election is successful. SUGGESTED MOTION: I move to approve Resolution No. (R) 04 — 38 to provide assurances as they relate to the Oro Valley projects contained within the May 18th Pima County Bond Election in the event the Bond Election is successful. ATTACHMENTS: 1. Proposed Resolution No. (R) 04 — 38 providing assurances as they relate to the Oro Valley projects contained within the May 18th Pima County Bond Election in the event the Bond Election is successful. 2. Intergovernmental Agreement between the Town of Oro Valley and Pima County for the Implementation of the 2004 Pima County Bond Issue Project Funding. Alt` ' 4 Chuck Sweet, Town Manager RESOLUTION NO. (R) 04-38 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND PIMA COUNTY FOR THE IMPLEMENTATION OF THE 2004 PIMA COUNTY BOND ISSUE PROJECT FUNDING WHEREAS, the Town of Oro Valley, is a municipal corporation within the State of Arizona, andpursuant to A.R.S. 11-952, the Town Council is authorized to enter into Intergovernmental § Agreements; and WHEREAS, The Town wishes to enter into an Intergovernmental Agreement with Pima County for the implementation of the 2004 Pima County Bond Issue Project Funding; and WHEREAS, entering into this Intergovernmental Agreement will benefit residents of Pima County and the Town; and WHEREAS, it has been determined that it is in the best interest of the Town to enter into this Intergovernmental Agreement (attached hereto) with Pima County, and that the Mayor and g g Council of the Town of Oro Valley, authorize and approve the Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED bythe Mayor and Council of the Town of Oro Valley, Arizona, that the Intergovernmental Agreement (attached hereto) between the Town of Oro Valley and Pima County is authorized to be signed. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are herebyauthorized to take such steps as are necessary to execute and implement the terms of the Intergovernmental Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 5th day of May , 2004. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST:. APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Mark J. Langlitz, Town Attorney F:\Resolutions\IGA approval;general\Bond Issue Project Funding 2004.doc Office of the Oro Valley Town Attorney's Office/CA/050404 INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY, THE PIMA COUNTY LIBRARY DISTRICT AND THE TOWN OF ORO VALLEY FOR THE IMPLEMENTATION OF THE 2004 PIMA COUNTY BOND ISSUE PROJECT FUNDING THIS INTERGOVERNMENTAL AGREEMENT, dated , 2004, is made by and between Pima County, a body politic and corporate of the State of Arizona ("County"), the Pima County Library District, a political subdivision of the State of Arizona ("District") and the Town of Oro Valley, Arizona, a municipal corporation individuallyreferred to herein as "Party" and collectively as "Parties". ("Town"), RECITALS A. County, District and Town are authorized to enter into this Agreement for joint or cooperative action pursuant to A.R.S. § 11-952. By proposing Count isa 2004 Bond Issue to fund numerous projects for various publicpurposes oses within the County. Those public purposes include the following: � (1) Sonoran Desert Open Space and Habitat Protection; (2) Public Health and Community Facilities; (3) Public Safety and Justice Facilities; (4) Cultural and Historic Resources and Parks and Recreation; (5) River Parks and Flood Control Improvements; and (6) Sewer System Revenue Bonds. C. The election on the 2004 Bond Issue is to be held on May 18, 2004. D. Included within the 2004 Bond Issue are certain specific projects benefiting residents of the County and the Town. Those projects, and the amount of funding appropriated under the 2004 Bond Issue for each, include the following: (i) Kelly Ranch Acquisition ($2,500,000); (ii) Steam Pump Ranch Rehabilitation ($2,000,000); (iii) Honey Bee Village Site Acquisition ($1,000,000); (iv) Naranja Town Park Site ($3,000,000); and (v) Oro Valley Public Library Expansion ($1,100,000). Each of the above projects are more particularly described in Pima County Ordinance 2004-18 ("Bond Ordinance") at Sections VII(A)(8)(b)(1.18), VII(D)(1)(a)(4.6) and (4.11),VII(D)(1)(fl(4.43) and VII(D)(1)(g)(4.45), copies of which are fully incorporated herein by reference. E. The projects identified above in Paragraph D. subdivisions (i) Kelly Ranch Acquisition, (ii) Steam Pump Ranch Rehabilitation, (iii) Honey Bee Village Acquisition, and (iv) Naranja Town Park Site, each involve the acquisition of property rights in the subject parcels. In addition, project (ii) Steam Pump Ranch Rehabilitation includes restoration work on an existing ranch house. F. The project identified above in Paragraph D. (v) Oro Valley Public Library Expansion, involves architectural services, construction work and the acquisition of computers and related technology, furnishings, fixtures and equipment. G. In the event the 2004 Bond Issue is approved by the voters on May 18, 2004, County, District and Town desire to establish the general terms and conditions for implementation of the 2004 Bond Issue funding for those projects identified in Paragraph 2 D. (i) — (v) above. It is the Parties' intention that a separate and more particular intergovernmental agreement will be entered into for each such project ("Project-Specific IGA"), consistent with the general terms and conditions established herein and with applicable state and federal law and regulations and provisions of the Pima County Code and Ordinances. AGREEMENT NOW THEREFORE, for and in consideration of the mutual covenants, promises and conditions hereinafter contained, the Parties hereby agree as follows: 1. Condition Precedent. County, District and Town agree that this Agreement is contingent upon the approval by the voters on May 18, 2004, of the proposed Pima County Bond Issue. 2. Implementation Periods. The Implementation Periods for the projects identified above in Paragraph D. subdivisions (i)—(v) shall be as follows: (i) Kelly Ranch Acquisition - Implementation Period 2 (fiscal years 2006/07 or 2007/08) (ii) Steam Pump Ranch Acquisition - Implementation Period 1 (fiscal year 2004/05) (iii) Honey Bee Village Site Acquisition - Implementation Period 1 (fiscal year 2004/05) (iv)Naranja Town Park Site - Implementation Period 1 (fiscal year 2004/05) (v) Oro Valley Public Library Expansion - Implementation Period 1 (fiscal year 2005/06) 3. Acquisition of Real Property Rights. 3.1. The Parties shall work cooperatively and in good faith in acquiring the real property rights in connection with the projects identified above in Paragraph D. subdivisions (i) Kelly Ranch Acquisition, (ii) Steam Pump Ranch Rehabilitation, (iii) Honey Bee Village Acquisition, and (iv) Naranja Town Park Site, pursuant to the terms of the Project-Specific IGA and within the time periods and for the Bond amounts set P forth herein. 3.2 Neither Party shall, without the written consent of the other Party, enter for the acquisition of real property with respect to a particular into purchase agreementsq project, for an amount in excess of the specified Bond amount for which the other Party would be liable. 3.3 It is the Parties' intention that Town shall have primary responsibility for gg negotiating purchase agreements for the acquisition of real property rights in connection g in this Section. All such real property rights shall initially be with the projects identified p p acquired in the name of County. Thereafter,such rights shall be subsequently transferred by County to Town subject to the following requirements: transfer is expressly contingent on Town's compliance with all terms and (a) Any p y ng conditions contained in the Project-Specific ecific IGA required by Section IV (A) of the Bond J p Ordinance. ( )b Anydeed or other transfer instrument transferring to Town title to real q property acquired with 2004 Bond Election funds shall provide that if Town fails to comply with any material condition of the Bond Ordinance or the Project-Specific IGA or with any applicable licable state or federal law or regulation, all property acquired with Bond fundsp ursuant to the Project-Specific IGA shall, together with any improvements thereon, automatically revert back to County. 4. Restoration and Construction Work and Acquisition of Personal Property. p 4.1. The Parties shall work cooperatively and in good faith in contracting for design and construction services for the restoration and construction work in connection 4 with theJ ro'ects identified above in Paragraph D. subdivisions (ii) Steam Pump Ranch p Rehabilitation and (v) Oro Valley Public Library Expansion, and in acquiring the personalproperty erty in connection with the project identified above in Paragraph D. P subdivision (v) Oro Valley Public Library Expansion, pursuant to the terms of the p ProJject-S ecific IGA and within the time periods and for the Bond amounts set forth herein. 4.2 It is the Parties' intention that Town shall have primary responsibility for negotiating the design and construction contracts, and personal property purchase agreements in connection with the projects identified in this Section. County shall reimburse Town for the actual and necessary expenditures made by Town within fourteen (14) days of receiving a properly-documented invoice from Town. 5. Ownership, Operation and Maintenance. It is the Parties' intention that Town shall eventually own, control, operate and maintain, at its own cost and expense, all the realp roperty and improvements made thereon, and all equipment, materials, and other project facilities in connection with the projects identified above in paragraph D. (i) through (v), subject to the requirements set forth herein and in accord with all provisions of the Project-Specific IGA entered into pursuant to Section IV (A) of the Bond Ordinance. 6. A.R.S. § 38-511. This Agreement is subject to cancellation pursuant to A.R.S. § 38-511, the pertinent provisions of which are incorporated herein by reference. 7. Indemnification. 7.1. To the fullest extent permitted by law, each Party to this Agreement shall indemnify, defend and hold the other Party, its governing board or body, officers, 5 departments, employees and agents, harmless from and against any and all suits, actions legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, � y damages, liability, interest, attorney's, consultant's and accountant's fees or costs and g expenses of whatsoever kind and nature, resulting from or arising out of any act or omission of the indemnifying Party, its agents, employees or anyone acting under its direction or control, whether intentional, negligent, grossly negligent, or amounting to a breach of contract, in connection with or incident to the performance of this Agreement. 7.2. Each Party shall notify the other in writing within thirty (30) days of the receipt of any claim, demand, suit or judgment against the receiving Party for which the receiving Party intends to invoke the provisions of the Section. Each Party shall keep the other Party informed on a current basis of its defense of any claims, demands, suits, or judgments under this Section. 7.3. The obligations under this Section shall not extend to the negligence of the indemnified Party, its agents or employees. 7.5. This Section shall survive the termination, cancellation or revocation, whether in whole or in part, of this Agreement. 8. Insurance. When requested by the other Party, each Party shall provide proof to the other of their worker's compensation, automobile, accident, property damage, and liability coverage or program of self-insurance. 9. Books and Records. Each Party shall keep and maintain proper and complete books, records and accounts, which shall be open for inspection and audit by duly authorized representatives of any other Party at all reasonable times. All design and construction drawings, records, documentation and correspondence shall be the property 6 • of Town at the completion of the projects, except copies maintained by County for its records. 10. Inspection and Audit. County may perform an inspection of the aforesaid projects or an audit of any books or records of Town in order to verify that monies spent on such project were done so in accordance with this Agreement. 11. Entire Agreement. This instrument constitutes the entire agreement between the Parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, and hereby superseded and merged herein. 12. Amendment. This Agreement shall not be modified, amended, altered or changed except by written agreement signed by the Parties. Construction and Interpretation. All provisions of this Agreement shall be 13. rP construed to be consistent with the intention of the Parties as expressed in the recitals hereof. 14. Captions and Headings. The headings used in this Agreement are for convenience only and not intended to affect the meaning of any provision of this Agreement. 15. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or voidP rovision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the Parties agree to meet promptly upon request of any Party in an attempt to reach an agreement on a substitute provision. 7 16. Workers' Compensation. An employee of any part shall be deemed to be an "employee" of the public agencies while performing pursuant to this Agreement, for purposes of A.R.S. § 23-1022 and the Arizona Workers' Compensation laws, but shall not create an employer-employee relationship for any other purposes. The primary employer shall be solely liable for any worker's compensation benefits which may accrue. Each Party shall post a notice pursuant to the provisions of A.R.S. § 23-906 in substantially the following form: 17. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of any Party. 18. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the Parties or create any employee-employee relationship between County and any Town employees, or between Town and County employees, except to the extent set forth in Section 21 (e) above relating to Workers' Compensation. No Party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other Party's obligation to withhold Social Security and income taxes for itself or any of its employees. 19. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third Parties not Parties to this Agreement or affect the legal liability of any Party to the Agreement by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. 8 20. Compliance with Laws. The Parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. 21. Waiver. Waiver by any part of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 22. Force Majeure. A Party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces' shall mean, for the purpose of this Agreement, any cause beyond the control of the Party affected, including but not limited to failure to facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the Parties, order of any government officer or court (excluding orders promulgated by the Parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such Party could not reasonably have been expected to avoid. A Party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such liability with all reasonable dispatch. 9 23. Notification. All notices or demands upon any Party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed to the Town Clerk or the Clerk of the Board for the County or the District, as appropriate,ro riate with copies to the Town Manager and the County Administer. maypursue anyremedies provided by law for the breach of 24. Remedies. A Party this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. IN WITNESS WHEREOF, County has caused this Intergovernmental Agreement to be executed by the Chairman of its Board of Supervisors, upon resolution of the Board and attested to be the Clerk of the Board, District has caused this Intergovernmental Agreement to be executed bythe Chairman of its Board of Directors, upon resolution of g the Board, and Town has caused this Intergovernmental Agreement to be executed by the p Mayor upon resolution of the Mayor and Council and attested to by its Clerk. Y ATTEST: PIMA COUNTY: Clerk, Board of Supervisors Chair, Board of Supervisors ATTEST: PIMA COUNTY LIBRARY DISTRICT Clerk, Board of Directors Chair, Board of Directors 10 TOWN OF ORO VALLEY: ATTEST: Town Clerk Mayor, Town of Oro Valley Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between Pima County, the pima County Library District and the Town of Oro Valley has been reviewed pursuant to A.R.S. § 11- 952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those Parties to the Intergovernmental Agreement represented by the undersigned. Attorney for the Town Deputy Pima County Attorney For Pima County Deputy Pima County Attorney For Pima County Library District 11 TOWN OF ORO VALLEY 4 Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: 05/05/04 TO: HONORABLE MAYOR AND COUNCIL FROM: MARK J. LANGLITZ, TOWN ATTORNEY SUBJECT: RESOLUTION NO. (R) 04-42 AUTHORIZING THE TOWN ATTORNEY TO FILE A CONDEMNATION ACTION TO ACQUIRE A TEMPORARY CONSTRUCTION EASEMENT OVER A PORTION OF THE FRY'S SHOPPING CENTER PROPERTY LOCATED AT 10661 N. ORACLE ROAD IN ORO VALLEY, PIMA COUNTY PARCEL NUMBER 220-09-0230, TO FACILITATE CONSTRUCTION UNDER THE ORACLE ROAD IMPROVEMENT DISTRICT AND DECLARING AN EMERGENCY TO EXIST. SUMMARY: On July 11, 2003, the Council adopted Resolution No. (R) 03-65, which established the Oracle Road Improvement District ("ORID"). On September 15, 2003, the Council adopted Resolution No. (R) 03-78, which directed the Town's Director of Public Works to prepare final plans and specifications and bid the ORID work, and further directing the ORID work to be completed. A portion of the ORID work involves the relocation of the entranceway off of First Avenue to the Fry's Store located at 10661 N. Oracle Road. Fry's Food and Drug Stores has refused to grant to the Town a temporary construction easement to perform the entranceway relocation. In order to begin and complete the ORID work in a timely manner, it is necessary that the Town acquire by eminent domain the temporary construction easement over a portion of the Fry's Shopping Center property. Resolution No. (R) 04-42 will authorize the Town Attorney to file a condemnation action to acquire the temporary construction easement over the Fry's Shopping Center property necessary for the Town to begin and complete the ORID work in a timely manner. ATTACHMENTS: Resolution No. (R) 04-42 . SUGGESTED MOTION: I move to approve Resolution No. (R) 04-42 , authorizing the Town Attorney to file a condemnation action to acquire a temporary construction easement over a portion of the Fry's Shopping Center property, and declaring an emergency to exist. Town Attorney iegetetier Town Manager RESOLUTION NO. (R) 04-42 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE TOWN ATTORNEY TO FILE A CONDEMNATION ACTION TO ACQUIRE A TEMPORARY CONSTRUCTION EASEMENT OVER A PORTION OF THE FRY'S SHOPPING CENTER PROPERTY LOCATED AT 10661 N. ORACLE ROAD IN ORO VALLEY, PIMA COUNTY PARCEL NUMBER 220-09- 0230, TO FACILITATE CONSTRUCTION UNDER THE ORACLE ROAD IMPROVEMENT DISTRICT AND DECLARING AN EMERGENCY TO EXIST. WHEREAS, Oro Valley is a municipal corporation within the State of Arizona and is vested with all the rights, privileges and benefits and entitled to the immunities and exemptions granted to municipalities and political subdivisions under the Laws of the State of Arizona; and WHEREAS, Oro Valley has the requisite statutory authority to acquire, own, operate and maintain roadways for the benefit of the residents of the Town of Oro Valley; and WHEREAS, on July 11, 2003, the Council adopted Resolution No. (R) 03-65, which established the Oracle Road Improvement District ("ORID"); and WHEREAS, on September 15, 2003, the Council adopted Resolution No. (R) 03-78, which directed the Town's Director of Public Works to prepare final plans and specifications and bid • the ORID work, and further directing the ORID work to be completed; and WHEREAS, in order to begin and complete the ORID work in a timely manner, it is necessary that the Town acquire by eminent domain a temporary construction easement over a portion of the Fry's Shopping Center property located at 10661 N. Oracle Road in the Town of Oro Valley as depicted in Attachment 1; and WHEREAS, the Town Council deems it necessary and in the interest of the residents of the Town of Oro Valley to authorize the Town Attorney to proceed with formal condemnation proceedings against the property depicted in Attachment 1, in order to ensure that the Town begin and complete the ORID construction work in a timely manner. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Oro Valley, Arizona, that the Town Attorney is hereby authorized to proceed with the filing of a condemnation action to acquire the temporary construction easement depicted in Attachment 1, attached hereto and incorporated herein by this reference. BE IT FURTHER RESOLVED that it is necessary for the preservation of the health and safety of the Town of Oro Valley, Arizona that an emergency is declared to exist and this Resolution shall become immediately operative and in force from and after the date of adoption hereof. F:\Resolutions\Frys Const Easement Condemnation.doc Office of the Oro Valley Town Attorney/ca 033004 PASSED AND ADOPTED bythe Mayor and Town Council of the Town of Oro Valley, S Arizona this 5th day of May, 2004. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Mark J. Langlitz, Town Attorney F:\Resolutions\Frys Const Easement Condemnation.doc Office of the Oro Vallee Town AttorneyIca 033004 • ATTACHMENT 1 LEGAL DESCRIPTION OF PROPERTY TO BE CONDEMNED F:\Resolutions\Frys Const Easement Condemnation.doc Office of the Oro Valley Town Attorney/ca 033004 e�\0128\00\Civil"'"rys'"n 03/09/2004 04 33 19 PM I t I e B 16 B B \`, i \H I B B�Hoh I I `I t dV"Pill'1. 1011111 ► em -4) /I a P- 1 e - -J \ -;gm e mH BB a B 1 �i ti, ' -4 BH i e o ' B i I \\\ , e H I e e ga B \ B I d H 8 I , • 1 5 . U \\AD \ BB i I 1 � t� Yl _---- -1 B B i ' j —� ,____________\, i 1 41. , adt \ . r 1. ,--:,-/ m \i I al al ' ta ____- __----.d, to .m ,ct. 14 . . r 'gym -32r,,. .___ s'.�` r 6 :II CT+ 9 ,__________ \ ‘6-/-4 ,,,,., 0__ 1 U 7/ ____----) .11;i!fi! !a3s!g ��gnU°: � � 17 ' ______, w o '�p �i' I B i ' (Jim o`$� I 1 --- N:;2!: � J� 2 ;� a �:' 1 I mac„ s 1 t, �� oo.? � H 8 u m I )a 'IIr o mtf0„00�+�a� B I AA p 0o m Z o B 8 T n, 00���N� 1 DJ � C T I,,� a d DD 4,,Z � 1 ,Z km Z D tin A'a 9 9 .. a x B rri T7 100 n e B ® I to 2 b _ � 2 K M Z B B G) 1 2 B i E 4z.)0 O wil m� B B Pi g O n _� B 5 or BB I f( �I Uf ZOi / Y O AS' <' \ , Cl Z e TOWN OF ORO VALLEY 5 Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: 05/05/04 TO: HONORABLE MAYOR AND COUNCIL FROM: MARK J. LANGLITZ, TOWN ATTORNEY SUBJECT: RESOLUTION NO. (R) 04-15 REQUIRING DEVELOPERS AND HOME BUILDERS TO MEET WITH AMPHITHEATER SCHOOL DISTRICT SUMMARY: agenda This a da item was initiallybrought forward at the request of Council Member Dick Johnson g at the March 3, 2004 Regular Session of the Council. At that session, a motion was approved to continue the item to a Study Session at which members of the Amphitheater School District("District") and the Southern Arizona Homebuilders Association ("SAHBA") would be invited to participate in the discussion. On March 29, 2004, the Council held the Study Session to discuss this item. The District was represented by Ken Scoville who stated that the District was asking that developers be required to meet with it to discuss planning and rezoning issues. SAHBA was represented by Alex Jacome who stated that the problem was not with builders or the District but with the structure set up by the State Legislature. He further stated that SAHBA would like to discuss with the District alternatives and perhaps develop a solution that would be consistent and fair. The Mayor concluded the Study Session by stating that in addition to moving forward with the proposed Resolution, he would like to see SAHBA move forward on the issue as well. ATTACHMENTS: 1. Resolution No. (R) 04-15 Requiring Developers And Home Builders To Meet With Amphitheater School District 2. Minutes from the March 3, 2004 Regular Council Session 3. Minutes from the March 29, 2004 Study Session SUGGESTED MOTION: I move to approve (R) 04-15 Requiring Developers And Home Builders To Work With pp Resolution No. Amphitheater School District OR I move to deny Resolution No. (R) 04-15 Requiring Developers And Home Builders To Work With Amphitheater School District Mark J. Langlitz, Town Attorney RESOLUTION NO. (R) 04-15 A RESOLUTION OF THE TOWN OF ORO VALLEY REQUIRING DEVELOPERS AND HOME BUILDERS TO MEET WITH AMPHITHEATER SCHOOL DISTRICT WHEREAS, it is the intent of the Council to provide the best education opportunity possible for area students; and WHEREAS,the future of Arizona is dependent upon the quality of educational opportunity available for its young people; and WHEREAS, high qualityeducational facilities enrich the general community by g enhancing the educational,recreational, and esthetic qualities of the Town while making the residential areas within school districts more valuable and desirable to home buyers; and WHEREAS, increased residential development creates a need for increased school construction; and WHEREAS, the Arizona Court of Appeals held that municipalities lack authority to assess impact fees on development for the benefit of school districts; and WHEREAS, it is in the best interests of the residents of the Town of Oro Valley that the Council require developers and home builders to meet with Amphitheater School District. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona that developers and home builders are required to meet with Amphitheater School District. PASSED AND ADOPTED by Mayor or and Town Council this 5th day of May, 2004. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Mark Langlitz, Town Attorney 03/03/04 Agenda, Council Regular Session ordinance and exempted construction contracts entered into prior to May 1, 2004. He IMO Council then directed further explained that the Townstaff to bring forth a Resolution that would designate how increase funds from the 2%rate would be used. that staff has estimated that the 2% increase would generate Mr. Andrews reported He stated that staff is recommending that the Town dedicate approximately$2.1 million. ° ° streets and roads maintenance and 25%to general municipal 75% of the 2/o increase to purposes as was recommended by the Budget and Bond Committee. reported that the additional funding from the construction Town Engineer Bill Jansen p sales tax would be used forwould be subdivision street maintenance and preservation and o 1 used for both capitalp improvement projects (projects over $10,000 such as major pavement overlay or repair) and maintenance projects (pothole patching, street sign street striping, Mr. Jansen then reviewed outstanding maintenance replacement, etc.) > P PowerPointpresentation depicting "problem areas" on the Town's issues and showedastreets and roads and stated that theyhave twenty-five years of maintenance to catch up on. followed regardingthe status of the Town's streets and roads, Further discussion from citizens regarding the poor condition of streets in the Town, complaints received g is the the additional construction sales tax funding into road maintenance and that placing fiscally responsible thing to do. P 110 Member Rochman MOVED to MOTION: Council APPROVE Resolution (R)04-14 authorizing and approving the distribution of the two percent (2%) increase in the local tax on construct)on ' contractingactivities with distribution of 75% of the 2%,increase to streets and roads. Council Member Abbott SECONDED the motion. Motion carried, 5 — 0. 7. RESOLUTION NO. (R) 04-15 ENCOURAGING SUPPORT FOR RS AND HOME BUILDERS DEVELOPERS RS TO MEET WITH THE AMPHITHEATER SCHOOL DISTRICT REGARDING VOLUNTARY DONATIONS FOR THE CONSTRUCTION OF SCHOOLS Chuck Sweet reviewed the Council Communication and stated that Town Manager Council Member Johnson had asked that this item be brought forward for Council's consideration. He explained that at a joint meeting with the Amphitheater Governing Senate threeago, the Town Council and the Board discussed Board approximately years g . . ► which as proposed would allow towns and cities to assess Bill 1lbl (45t1 Legislature) impact fees for schools. He further explained that the Town passed a Resolution at that the Senate Bill but the Bill was never passed by the Legislature. time supporting h builders that Resolution (R)04-15 would encourage developers and homeMr. Sweet said in Oro Valley to workDistrict the School District regarding volunteer donations for the construction of schools. i 03/03/04 Agenda, Council Regular Session 5 Member Johnson reported that he had met with the Amphitheater School 410 Council p Superintendent Vicki Balentine and School Board President Nancy Young Wright regarding this issue. He stated that he had no problem with encouraging the developers and home builders to meet voluntarily with the School District. He said that he was working with staff to create a "check list" as part of the development process that would include a line showingwhether or not that they have talked to the School District. He stated that it would only be an encouragement. Discussion followed regarding: • Thi.s would be a volunteer action and not mandated; a simple check list step included in the development plan process. ■ R esolution states that the Town "encourages" a meeting. Regardless of the result, the Town is simply encouraging the meeting of the developers or contractors with the School District. ■ Rezoning requires a contact between the developers and the School District. Would like to see the same for all developments. ■ Leave out specific wording in the proposed Resolution that states "regarding " voluntary donations for the construction of schools. • General Plan update includes verbiage regarding communication between the developer and School District. • Have Study Session regarding this item. More research needed. Other jurisdictions are doingthis (Peoria and Glendale.) Evidence suggests that this is the right movement. a We are moving in the right direction,but this Resolution falls short as it does not accomplish any real consequence. ■ Rezonings - comments are solicited from the School District. o Otherro'ects—A development plan and/or plat are forwarded to the p � invitedDevelopment Review School District by the Town and are to the De p Committee meetings. (Included on the present check list.) Mayor Loomis opened the floor for public comment. Nancy Martin, 11780 N. Via de la Verbenita, stated that she has been advocating this process for a longtime. However, there were still many unanswered concerns and requests. ]) Requiredevelopers the to meet; make it an ordinance like other municipalities alities have such as Peoria and Gilbert. 2) There must be consequences if it does not happen; no approval until the requirement is met. 3) Add to all residential as a condition of approval, a letter from the School District stating that developments, they have met this condition. She then stated that the Council must not allow residential s until sufficient schools are in place as the schools are now at capacity. She rezoning . that schools and parks be made part of the infrastructure in the Town by making asked plans and requirements for them. Todd Jaeger, Su erintendent of Amphitheater School District), 701 W. P e thanked the Council for consideration of the Resolution. He stated that there Wetmore, 1110 was an opportunity for the Town to go further and require that the developers s meet with pp yussed at said the School District but not set the agenda and/or the topics to be disc 03/03/04 Agenda, Council Regular Session 6 manycases,theyare never contacted by the developers meeting. Mr. Jaeger stated that in development through contacts made by Town staff. and onlyknow of the upcoming g each developer meet with the School District, this Therefore, if the Town required that p opportunity and ensure that they get to meet with the wouldgive the School District an opp Y � General Plan a copyof aportion of the City of Peoria's developers. Mr. Jaeger presented pthat developers meet with the School District." He that states that "the City shall request p Services Department of the City of Peoria does in further explained that the Developmentp P fact require a meeting. Further discussion followed regarding: Districts are not permitted to assess their own impact fees. ■ The School ■ Issue is not unique to Oro Valley. Amphitheater School District has lobbied the Legislature, etc. and has put forward legislative proposals to gain support in n the Schools to pass and apply impact fees. allowing ■ Does not seem to be a cohesive and strong effort statewide on the part of all the School Districts. to APPROVE Resolution Vice Mayor Wolff MOVED (R)04-05, encouraging inOro Valleyto work with the Amphitheater School developers and home builders • volunteer donations for the construction of schools. Council Member District regarding volunt Abbott SECONDED the motion. Council Member Abbott ask1110 ed TO THE MOTION: that the wording in the Resolution under "NOW, THEREFORE, BE IT RESOLVED" be changed to delete • voluntarydonations for the construction of schools" and to the wording"regarding " ' es" instead of"encourages." a Vice Mayor Wolff agreed to the include the wording requir amendment. DISCUSSION: ed that if the Town is requiring Town Attorney Mark Langlitz stated that he was concern the developers and homebuilders to meet with the School District, this action is meaningless unless there is a purpose to the meeting. ' mandatory meetings, possibly continuing this item to see how Council further discussed: man ry g handling this issue, meet with all parties (School District, other cities and towns are h g 'a and SAHBA, staff, etc.) to further discuss the issue,provide information from Peon neral Plan minutes from February 27, 2003 for review. Glendale and the Gen Council Member Johnson AMENDMENT TO THE MOTION: MOVED to AMEND t e item to a StudySession (in April) at which time the motion to CONTINUE h in the the School District and SA.HBA will be invited to participate representatives from h � action on this issue of actual ordinances from Peoria's and Glendale's discussion. Copies District and SAHBA will information that may be provided by the School and any other Vice Mayor Wolff and v (alongbe provided for re '�ew with February 27, 2003 minutes.) Council c'l Member Abbott agreed to the amendment. MOTION CARRIED, 5 — 0. 03/29/04 Minutes, Council Study Session 3 Bob Weede, arepresentative from the Greater Oro Valley Arts Council (GOVAC), stated that the community 't for the facilitywas a very important factor because the community was was growing and the seating capacity tremendously appreciative of culture and the arts. Mayor Loomis asked that the report be finalized and d submitted to Council for acceptance. He asked that the a Business Plan. He further explained that he would like to see the report include a proposal for conductingwould be section that would provide the basic information that oul Business Plan carried out in 2 phases, 1) A and; of the Business Plan that may change as the demographics of the permanent 2) To identify those sectionsd that in GOVAC activities continues to increase. He state community changes and as the participation ' ' requested the community,the Business Plan needed to have flexibility. He because of the growing interest in y that the proposal be submitted to Council at the second meeting in April, if possible. Mayor Loomis recessed the meetingat 8:16 p.m. The meeting resumed at 8:27 p.m. OF RESOLUTION NO. (R)04-15 ENCOURAGING SUPPORT 2. REVIE�'�/DISCUSSION FOR DEVELOPERS AND HOME BUILDERS TO MEET WITH THE AMPHITHEATER SCHOOL DISTRICT REGARDING VOLUNTARY DONATIONS FOR THE CONSTRUCTION OF SCHOOLS Mayor Loomis stated that he would like to approach this item by discussing the basics of the planning, zoning pp and how these items subsequently come together and where the opportunities and development plan process that Ken Scoville, a private property rights as well as obtaining community input. Hereported apse for p p y School District and Alex Jacome, a representative from Southern Arizona representative from Amphitheater . • , . . Association (SAETBA)were present to discuss opportunities and initiatives. Home Builders 11110 Community Development Director BrentSinclair explained that, at the request of Council, this study session was to provide some of the provisions for the interaction of municipalities and school districts. The following information was provided for Council review: • 1996 Town of Oro Valley General Plan Policies • Oro Valley Zoning Code Requirements • Overview of provisionsg jurisdictions:in the followin Apache Junction, Cave Creek, Gilbert, Marana,Mesa, Pimy, a Count Peoria, Scottsdale, Sahuarita, Tucson and Queen Creek. OVERVIEW Research findings can be divided into the following six themes: g• ' ' reviewcomment on proposals at one or more Cooperation in terms of the ability to and p p 1. psubdivision plattingbeingthe most stages of the development process (rezoning and g common). 11. ncour �g.ements ofjoint use facilities, often parks with schools. Requirements on_ on such meetings prior to some 111. the developer to meet with and report noted stage of development processing. IV. Requirements to reserve land for school sites. V. Requirements to dedicated school sites. V I. Common Practices not identified in the Planning policy such as development agreements, delay of approvals, etc. . 03/29/04 Minutes, Council Study Session 4 In answer to a question from Mayor Loomis, Ken Scoville explained that the State School Facilities Board is funding to school districts that are at their capacity and have no other alternative to required to provide f g Nid provide space and facilities for the school,but if there was space available (at other schools within the would refuse to provide funding. He said that if Amphitheather School District had District) the board o sufficient funds they could build their own school, but the funding mechanisms used in the past to raise funds to build a new school are no longer allowed. He reported that the $1,200.00 contribution for each home sold would be deposited in a fund for either a new school or to upgrade the facility or add additional space to an existing school. However, there are some secondary bonds that could be accessed for certain facility explained that the $1200.00 per home was the standard amount collected for every home improvements. He that was built and sold. In answer toaquestion from Mayor Loomis, Alex Jacome explained that what drives a new development xp would be the market. He explained that the market reflects what a consumer is willing to pay for the home in a subdivision. The following is a list of costs that would apply to new developments: • Land • Engineering • Grading • Infrastructure • Governmental • Road • Sewer • Electricity • Drainage • 'ti es offered such as parks, future school sites which are taken into consideration in the larger Amens i developments. • Donations. Brent Sinclair reported that there were no guidelines in the Zoning Code that related to gated or a non-gated community. explained He ex lained that this amenity would be offered by the developer. Mayor Loomis expressed concern that a formula had not been identified that would accommodate all of the parties involved. Alex Jacome statedproblem that the was not the builders or the school district but the structure setup by the State Legislature. He explained that there were innovative ways for funding schools that were being utilized in various parts of the country. reported He re orted that SAHBA would like to discuss some of the alternatives with school district and perhaps develop a solution that would be consistent and fair. the P P Ken Scoville reported that Amphitheater School District was asking that the developer be required to meet p P with the school district and discuss issues and the particulars surrounding a new development to reveal any circumstances or advantages. He explained that the school district was not asking the Town to participate and gr force the developer to make an agreement,but to at least make it a requirement that the developer meet and discussP lanning or rezoning issues with the school district. Council Member Abbott read the current General Plan 1996, Policy No. 5.1B (develop policies that contribute to needed infrastructure development and facility sharing as it relates to schools). She explained that this 03/29/04 Minutes, Council Study Session 5 clause could be used to support the resolution to require the developer and the school district to meet. She contribution would be applied to the needed infrastructure. She stated explained that the $1200.00 voluntary P P requirement needed to be followed. She agreed the General Plan this re that if the Town adheres to what was in with Mr. Scoville. Mark Langlitz, Town Attorney stated that it would be a potential In answer to a question from Mayor Loomis, . He ex explained that currently, general law pertaining to cities and problem to deny a developer from building. p . procedures that are specifically granted to them in either the State towns, can only execute certainp where the Legislature. He explained that in the 2000 case for Apache Junction Constitution or the Statutes by g they adopted a development impact fee for schools, the court upheld that cities and towns do not have either authorityin the area of school financing. In other words,the Town is without the constitutional or statutory power to act in that regard. Therefore, the Town cannot require a donation or payment from a developer to a if the Town attempted to do so, it could be challenged in court and the school district. He explained that P � . successful. However, that doesn't mean the Town cant require the developers to meet challenge would be with the school district t 'ct and discuss the impact of the development on the school district. He added that if the the school district the Town could refuse to grant the approval of the developer refuses to meet with g� have met. He suggested that the wording read "to meet to discuss the impact development until both parties or relationship of the development with the school district." that once the two entities met, the discussion should include some of the Council Member Abbott suggestedand what the the rezoningto determine how many children would be generated same issues required in would be a good idea if to the school and which school woulde impacted. She added that it distances are bgenerate a letter of the discussion which could be reviewed by Council. Amphitheater School District could BA has always encouraged dialog between the builders, developers and the 1110 Alex Jacome explained that SAH y . that there have been a number of builders and developers who have voluntarily school district. He explained 'strict and has made contributions. He explained that if the suggested requirement met with the school dl builder and developer,this would be a problem. He stated the Town did not became a tool to use against the p type of re this t e uirement, but agreed that there should be a partnership developed ed have the authority to enforce q between the school districts, builders, developers and the Town. that the onlychange that needed to be made in the proposed resolution was Council Member Abbott stated that the word "encouraging" should read req item"require". She suggested that this be moved on to the next Council agenda with the changes. y In answer to a question from Vice Mayor Wolff, Ken Scoville explained that the donation would provide facilitiesto defer the impactp of the development coming in so that students can continue to attend the explained that there were no guarantees that the donations would be applied neighborhood school. He further exp to schools within Oro Valley. Alex Jacome In answer to a question from Mayor Loomis, explained that bonding would be a great alternative . He exp lained that SAHBA would be taking the lead with the home builders to financing school construction to try and get some commonality. 03/29/04 Minutes, Council Study Session 6 Mayor Loomis stated that this was a State-wide issue and he suspected that the home builders associations in the State also had issues with how schools are being funded. He stated that if a school district coalition and various building associations were to meet and develop a solution for tweaking "Students First" and other issues, he believed some significant issues could be resolved. He stated that the League of Arizona Cities and Towns would be very supportive in helping with this issue. He said that SAHBA should try and take the lead on this issue because they would have the ability to bring the school districts together to communicate with each other. He stated that in addition to moving forward with the resolution as Council Member Abbott has requested,he would like to see SAHBA move forward on the issue as well. ADJOURNMENT MOTION: Council Member Rochman moved to adjourn the meeting at 9:46 p.m. Vice Mayor Wolff seconded the motion. Motion carried, 4-0. Respectfully submitted, ,„:.-71.„ S. id;y46. .inca Hersha, Secretary II