HomeMy WebLinkAboutPackets - Council Packets (1191) AGENDA
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
FEBRUARY 04, 2004
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
EXECUTIVE SESSION AT OR AFTER 5:30 PM
CALL TO ORDER
ROLL CALL
1. Pursuant to ARS 38-431.03(A)(1) Annual Performance Review of the
Chief of Police
2. Pursuant to ARS 38-431.03 (A)(3) regarding Oro Valley Town Code,
Section 4-1-8 and other matters involving Council/Public Safety Employee
relations and processes
3. Pursuant to ARS 38-431.03 (A)(7) purchase or lease of real property
regarding town facilities research information.
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 — 01/21/04
B. Authorization to purchase fire hydrant locking devices from Mueller
Hydrant Defenders for $92,000
02/04/04 Agenda, Council Regular Session 2
C. Resolution No. (R)04-06 Approval of a long term Lease Agreement
for 1370 square feet of recreational programming space
D. Resolution (R)04-07 Approving authorization for the Mayor to accept
the bid and award of contract to Southern Arizona Paving, Inc. for the
Town Wide Crack Sealing Project in the amount of$156,700.00
E. Resolution No. (R)04-08 Declaring proposed revisions to the Oro
Valley Zoning Code Revised pertaining to Chapter 3, Article 3-3,
Development Review Board and Chapter 12, Signs, as a public record
F. Reappointment of Gregg Forszt and Mike Caporaso to the Water Utility
Commission with terms expiring June 30, 2006, and appointment of
Steve Rivera with term expiring June 30, 2004 and appointment of Ray
Montoya with term expiring June 30, 2005
2. JAMES D. KRIEGH PARK RESTROOMS AND CDO LITTLE LEAGUE
CONCESSION STAND STATUS REPORT
3. PRESENTATION ON 2004 NORTHWEST PIMA COUNTY "RELAY FOR
LIFE" BY THE AMERICAN CANCER SOCIETY
4. PRESENTATION — ORO VALLEY CACTUS CLASSIC VII MARATHON AND
FITNESS SKATE HELD ON NOVEMBER 2, 2003
5. CITIZEN PLANNING INSTITUTE GRADUATION — CLASS OF 2004
6. PUBLIC HEARING — ORDINANCE (0) 04-05 0V9-03-26, TRANSLATING
THE ZONING FOR THE NEWLY ANNEXED AREA COMMONLY KNOWN
AS THE SHURGARD STORAGE PROPERTY FROM PIMA COUNTY
CAMPUS PARK INDUSTRIAL (CPI) TO ORO VALLEY TECHNOLOGY
PARK (TP) ZONE, AND AMENDING THE TOWN OF ORO VALLEY ZONING
MAP; AND REPLACING ALL ORDINANCES IN CONFLICT HEREWITH
(PROPERTY LOCATED ON THE EAST SIDE OF ORACLE ROAD JUST
NORTH OF HONEYWELL AND KNOWN AS THE SHURGARD STORAGE
PROPERTY) PARCELS 22004010N AND 220110760
Explanation: The property was annexed to the Town on June 25, 2003 and
in accordance with Arizona State Law, the Town is required to change or
"translate" the zoning on annexed properties to the closest comparable
zoning district within the new jurisdiction.
7. PUBLIC HEARING — ORDINANCE NO. (0)04-06 AMENDING THE TAX
CODE OF THE TOWN OF ORO VALLEY BY AMENDING ARTICLE IV,
CHAPTER 8A, SECTION 415, SECTION 416 AND SECTION 417,
INCREASING THE CONSTRUCTION CONTRACTING TAX RATE TO 4%
8. PUBLIC HEARING ON THE ANNEXATION OF APPROXIMATELY 135.9
ACRES OF UNINCORPORATED TERRITORY LOCATED SOUTH AND
WEST OF THE CURRENT TOWN LIMITS INCLUDING A PORTION OF THE
02/04/04 Agenda, Council Regular Session 3
NORTH HALF OF SECTION 22, WITHIN A PORTION OF THE NORTH
EAST ONE 1/4 OF SECTION 21, AND WITHIN A PORTION OF SECTION
15, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER
MERIDIAN, PIMA COUNTY, ARIZONA
Explanation: This annexation request consists of 135.9 acres known as
"Area G" and is located immediately south of Stone Canyon and north of
La Cholla Air Park.
9. OV12-02-11, CENTRES INC, REPRESENTING ECKERD'S DRUG STORE,
REQUESTS APPROVAL OF A MASTER DEVELOPMENT PLAN FOR A
COMMERCIAL CENTER AND SPECIFIC DEVELOPMENT PLAN FOR THE
ECKERD'S DRUG STORE; LOCATED ON THE NORTHEAST CORNER OF
ORACLE ROAD AND HARDY ROAD, PARCEL #225-120-65A (Continued
from 12/17/03)
Explanation: The site is 8.85 acres and the zoning is C-1. The development
will be built in two phases; phase one will consist of a drug store and drive-
through pharmacy and phase two will consist of various restaurants and
office/retail uses.
10. DISCUSSION, CONSIDERATION AND/OR POSSIBLE ACTION
REGARDING ORO VALLEY TOWN CODE SECTION 4-1-8 AND OTHER
MATTERS INVOLVING COUNCIL/PUBLIC SAFETY EMPLOYEE
RELATIONS AND PROCESSES
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: 01/28/04
4:30 p.m.
Ih
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.
02/04/04 Agenda, Council Regular Session 4
The Town of Oro Valley complies with the Americans with Disabilities Act (ADA).
If any person with a disability needs any type of accommodation, please notify
the Town Clerk's Office at 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.
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Oro Valley Development Agreement with Vestar Arizona LLC. 02_q_
Questions for Town
I. Was there a formal proposal issued by the developer that provides specific details,documents.drawings etc
for the project?Was the Incentive agreement drafted after the Town and all applicable agencies reviewed the
proposal and could react to the scope of the project?Was it a public forum?How does this conform to the
Towns master plan and future growth plan?
2. The town is investing heavily in the success of this development.As is prudent in any investment,has the
necessary underwriting/due-diligence taken place,particularly with regard to confirming the projected sales
revenue?Given the magnitude of the investment,has an independent retail analyst been hired by the city to
review the agreement terms relative to industry norms and project feasibility(market analysis)of the deal?
3. Why doesn't the agreement provision for sales tax sharing include any risk adjustment provisions?For
example,draft the agreement so that the sales tax sharing is renewable for each subsequent phase but
contingent on reaching established performance criteria(i.e.revenues).Instead,the agreement as drafted
facilitates the"sharing"for all subsequent phases regardless of prior performance and benefit to the Town.
4. Why is the town's weighted portion of the revenue sharing on the back end?Has anyone studied the actual
cost of not having those funds available upfront to invest(i.e.the future value of those earnings if they were
received sooner)?Has the cost of lost opportunity for that revenue been factored into the decision to provide
these incentives?What economic analysis was conducted by the town?Likewise,the access to that income
upfront benefits the developer enormously as potential investment funds that will work for them over time.If
the impetus was to allow the developer to cover their unique infrastructure costs upfront,shouldn't the
percentage of upfront money to the developer be determined relative to the actual amount of that specific
work?
5. The Incentive Policy Guidelines(item 4)states"Incentives should not continue for more than a 10-year
period however the agreement allows a 15-year incentive period for each phase(5 yr initial period+5yr.
middle period+5yr.final period).This is particularly poignant since the 15-yr incentive starts fresh with the
completion of each phase.There is no requirement in the agreement for the developer to complete the phases
or adhere to a schedule so these incentives could potentially last a long time.The unknown risks(economic,
developer's solvency,projects viability,etc)increases over time. In short,the Town is taking a very long
term approach to realizing the full benefits of this development.
6. The Incentive Policy Guidelines(item 6)states"The town's position should be to offer incentives that have a
relationship to public benefit.Improvements such as streets waterlines traffic signals,parks and open space,
and similar publicly assessed improvements are examples of public-private financed incentives."Other than
tax base diversification,what are the public benefits?Are the planned infrastructure improvements
considered public benefit?Does the infrastructure(streets,traffic improvements,etc)that are planned in the
development designed to cover only needs of the project or do they extend public benefit beyond the projects
limits(i.e. modernization of systems,or excess infrastructure capacity for other developments)?
7. The Incentive Policy Guidelines(item 14)states"New Retail development should have an emphasis on
meeting a need not currently being filled in the community,or providing a higher level of
services/goods/products than presently available,or providing similar services in an area not currently being
served."In what ways does the proposed project meet this requirement?The nature of proposed tenants. level •
of service,and retail uses mentioned in the agreement do not seem specific enough to make a comparison to
what is currently available in Town. In addition,does the lack of specificity of uses ("...financial
institutions,and other service buildings"...) possibly allow low sales tax revenue producing facilities such as
retail support warehouses,or supporting services for financial institutions?
8. Item 2a(page 2)of the Development Agreement states"The Town has determined that incentives are needed
in order to develop the Property and to induce businesses to locate their operations in the Development."
What were the specific reasons that led the Town to this conclusion?The property has been owned by the
same developer for some time. Is this a case of the developer holding out for a good offer or a situation where
the town has trouble attracting outside business without incentives or is this particular site not conducive to
development?What incentives do neighboring towns offer?
9. Item 2b(page 2)of the Development Agreement states"The development is expected to produce a
significant number of new jobs..."Are these types of jobs likely to be taken by Town residents?If not,does
the Town benefit from a local employment tax that would provide benefit?
Oro Valley Development Agreement with Vestar Arizona LLC.
Questions for Town
•
10. Item D(page 2)of the Development Agreement states"Because of its location and typography,the
Development will entail significant atypical additional offsite and site costs requiring assistance for feasible
development."Have these costs been identified and what is the"net premium"for atypical construction
compared to the overall construction costs?What aspects are atypical of a project of this nature?Is it realistic
to assume a flat clean site with existing infrastructure capacity as typical?
11. Item 3(page 3)of the Development Agreement states"The Town will,within the ensuing(6)months,review
and pursue final approvals of the Phase I plan by the Town Council". Item 7(page 4)of the Development
Agreement states``all shall be processed in an expeditious and priority fashion in order to ensure fast track
treatment of the development. If requested by the Owner/Developer,the town will dedicate(at Owner's
expense)an onsite inspector to expeditiously review and if appropriate approve or coordinate the review and
approval of all construction and building approvals required in connection with the Development"Is it in the
best interests of the Town and design review process to facilitate such an expeditious review and approval?
How will the town insure that the commitment to rush the construction will not compromise the public design
review process?Fast track projects usually start construction prior to full completion/coordination and
approval of all design elements.In addition,the requirement to provide a full time on-site municipal inspector
for approval and coordination is very atypical and reserved for very large projects,usually public in nature.
Does the Town have extra personnel to dedicate to the project?How would this impact other potential
developments?
12. Item 5(page 3)of the Development Agreement states"In that regard,the Town shall not apply any
hereinafter enacted development or impact fees to development on the property and shall not apply to the
development any so-called Large Retail User or Big Box Ordinances..."Why is the Town tying its hands
both in regards to future fees or planning control?Does this apply to all phases?Does this provision survive
through transfer of ownership?Has a full traffic analysis of all proposed phases for the development been
completed and are the currently planned improvements sufficient to cover that impact to the surrounding
area?If traffic from the Project is greater than anticipated,does this provision prevent the Town from seeking
additional traffic impact fees in the future phases?
13. Item A(page 5)of the Development Agreement states"If the sales tax rate decreases below the current 2%
rate,Owner/Developer shall nonetheless receive payment hereunder as if the tax rate were at the 2%level."
Although an unlikely scenario,why would the Town commit to this?Doesn't the Developer also benefit if
the sales tax is reduced through increased tenant retention,greater volume?Why should the developer be able
to collect the difference?Does this provision survive through transfer of ownership?
14. Item 9(page 6)of the Development Agreement states"Parties agree that signage on the Project, including
tenant signage,will be of the general nature,quality, magnitude,and color palette of the Desert Ridge project
located in Phoenix,Arizona.Developer will submit and the Town will approve signage consistent with the
foregoing and Town agrees to modify its development standards as necessary to accommodate the
foregoing..."Why is the town pre-approving the signage?Why is this included in the incentive package?
Shouldn't this go through the normal design review process?Has the signage design been evaluated against
the design of the overall project?Are signage sizes appropriate to Oro Valley's needs as opposed to Phoenix?
15. Item 10(page 6)of the Development Agreement states"In the event that the Town adopts a property tax for
real property... the Property constituting the Development will be exempt from such tax for the duration of
the period of any sales tax revenue sharing pursuant to this Agreement.Why would the Town tie its hands for
the potential to raise other revenue in the future?Why did the Town feel the sales tax sharing incentive was
not sufficient?Given the project phasing and uncommitted schedule as well as the 15-yr incentive period
which is in effect for each phase,the duration of this property tax exception could be substantial.Has this
potential lost revenue also been factored into the overall economic analysis of this deal?Does this provision
survive through transfer of ownership?
16. Item J(page 7)of the Development Agreement states"The agreement shall inure to the benefit of and be
binding upon successors and assigns of each of the parties...Owner/Developer shall retain the right to receive
its share of the Town 2%sales tax as provided...regardless of status of title or ownership of any or all of the
property..."This greatly enhances the value of the property due to the transferability of the agreement
incentives.Why does the Town feel committed to pass the benefits to future owners?This makes it much
easier for the developer to find potential buyers.If the Developer/Owner chooses to only build the first phase
and sell the remaining property do the benefits pass on for non developed land?
MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
JANUARY 21, 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
Paula Abbott, Council Member
Y/r fi!/...
Dick Johnson, Council Memb `� " +i
rl/:�",yr:���VG'"
Bart Rochman Council Me
PLEDGE OF ALLEGIANCE 06:2'
. . ;,: Qr�/�y.,``',•
Mayor Loomis led the audience in the Pledge of Vgio s•
--*fp-
UPCOMING
MEETING ANNOUNC TSNit,„
itiViez;2p
Town Manager Chuck Sweet reviewed t : co . / •ngs and events
"-ir:
CALL TO AUDIENCE ✓-F0,'.` .?
:
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� •"'f/ter , ', r,r�:r
Helen Dankwerth, 115 .:a;`.•:: 1 i y,r rivx ressed concerns about the status of the
Oro Valley Library and >>{ ' •sent from the City of Tucson and Pima
County to continue,, ..;..e shai`aytdin for t e Library. She stated that rumors are out that
Oro Valleyfai ���� `�� � ::�:::1 :;�,.��: . .
-;: f e a ent with the other entities which stipulated a shared
cost and also,: 't•the r .:: -1lac1inreasonabledemands"�::. � on the County seeking
funding to :f r the costndscaping in addition to salaries and maintenance. She
also stated tha-y aitizenould have been kept informed on the issues at hand and
challenged the "" v; : , /,, sue a public report within the next two weeks explaining and
/::/ ryr Y..
' • x� r r.e issue. Ms. Dankwerth also addressed the hiring of a Town
updating the citizel��:"���^.
Fire Marshal and urged the Council not to hire a Fire Marshal until the issue of Town fire
protection is settled and the need for a third Fire Marshal is unequivocally established.
Kenneth Carter, 13550 N. Skywire Way, agreed with Ms. Dankwerth's comments
regarding the Library and asked for a report.
The following people spoke regarding the upcoming Little League season and expressed
their concerns regarding the status of the restrooms, snack bar, and water availability at
James D. Kriegh Park:
Bill Nettling, 8021 N. Totavi Trail
Shane France, 2640 W. Mountain Heights Court
01/21/04 Minutes,Council Regular Session 2
Debbie France, 2640 W. Mountain Heights Court
Ginny Mote, 978 W. Eagle Look Lane
J.C. Khawan, 10282 N. Cape Fear Lane
Michael Sullivan, 9241 N. Rancho Verde
Kevin Mattocks, 11000 N. La Canada Drive, read a letter to the Mayor and Council
stating that the Fraternal Order of Police (FOP) and the Oro Valley Police Officers
Association (OVPOA) have worked together to create a list of pay and benefits issues
they would like considered for this year's Meet and Confer meeting. The top priorities
identified by the sworn officers and sergeants of the Department were identified as:
Retire Benefits (medical, dental and vision), Pay Raises, Cost of Living Increase,
Increase Contribution/Public Safety Retirement and Contract. He .�y/. .. .requested that an
official notification be given to both Officer Associations of the, ` r. ial "Meet and
Confer" date. o
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Richard Feinberg, 1451 E. Triton Place, reported that i ..,J . g ust 201 At*J :;Development
k,. to�., ,• ;.,. .:::.
Review Board (DRB) voted to continue the Safewa h< nprehensive S r ,r ,acka e. He
that since that meeting, Safewayhas de not,„!(,,,,,se the Co prehensive
explainedg,
Sign Package and has submitted an application th {•:r..:: ...+ur . 'Town's Sign Code. He
g pp "., �`fie ���::.
stated that if the sign package meets Code and is app ; .; ystaff,
p g �b then there is no
requirement for the package togo before. e:,DRB or th wn Council for review if it is
q p g v J 3 �`��.�
4P view - ` gn Code and make
a single, stand-alone store. He asked th -�; �:� � �• ��
J`:r f....:. {. 4 y F.
changes by placing the review process bs-•e s i Fand Town Council.
AP.
In response to comments dur41141.fCall to �:: � fence, Council Member Johnson stated
oeitt
r
that he was at the County '` /'���o � ` ervi s•�,��,. Y�.offices yesterday (1/20/04) and things
are moving ahead on thlOary st:cte's that the Board of Supervisors has
'J :'...r..:f•Jf,•:G: ,r n{i4i'.::.4,'..f!`;%'..i! rj•�'�i]Cfy'�'••
approved funding for the' two u. �n,� the same amount as approved in the
J, Yv
original agreement�:: ,,¢e� als . mained that the next six months funding is currently in
g �u.
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negotiations a :; ye ;: :3is v ,:. dill entl on makingthe agreement work and on
g ���r**vont�• :F,.SYS: .:v � g y g
getting eve irohe r t. t:` Then asked that the Town Manager update the
tt
citizens.
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Town Manager , irk S:1 :yet reported that the Library opened in August 2002• He stated
!f• �/yam'f YIN'��'�`f r�.
that the Library wa `ilirated in accordance with the Intergovernmental Agreement
(IGA) with Pima CouY ty whereby they would pay 50% of the operational and
maintenance costs of the Library. He explained that those funds come from a revenue
source that property owners in Oro Valley pay to the "Free Library District Tax." He
stated that based on the Town's assessed value, the citizens are paying approximately
$700,000 in that tax annually. Mr. Sweet further explained that the IGA for fiscal year
2002/2003 asked for about $450,000- $480,000 for the first year of operation to be billed
on a quarterly basis. However, it has been very hard to get paid as Pima County has
questioned every expenditure even though they were agreed to in the IGA. He explained
that some of the expenses included one-half of the landscaping and janitorial costs.
01/21/04 Minutes,Council Regular Session 3
Mr. Sweet further reported that Community Development Director Brent Sinclair started
negotiations with Pima County for the new IGA in about April or May of 2003. From
that time, the Town has been told many times that the IGA was coming but since July 1St,
the library has been operating entirely on the Town's money. To date, the Town has not
received any monies from Pima County for the current fiscal year. He then explained
that Pima County has agreed through a continuing resolution, to pay the Town for the
first two quarters (July 2003 —December 2003)based on last year's IGA. Mr. Sweet
stated that the remaining two quarters still need to be worked out. He stated that they
have been working diligently to resolve the issues. He also explained that they have
looked at the possibility of reducing hours of operation for the library due to the fact that
the Town has not received any monies. He also stated that he personally felt that the
Town shouldet all $700 000 that the taxpayers have paid to o erat hat facility. (Oro
g a py •
Valley taxpayers have been paying the Free Library District Ta,}, e 1986.)
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In response to a request from Council Member Johnson, C .: uri :w:: .evelopment
Director Brent Sinclair updated the Council and citize •.••::. t e status :,;, issues at James
D. Kreigh Park. He explained that thepark is about S:h.y:• : cars old and the se tic system
g P Y
has collapsed. He stated that they have looked at 4, ptio -:fad find that hey must
relocate the restrooms to an area that can be serve ::v4,uatstem. He stated that an
architect and engineering firm have been hired and they .e that the plans will be ready
to present to the Council in February. He orted that h, :sts will be over $100,000•
explained that the water at the s::}act{1 onnecte ° o the same collapsed septic
He also p :... �, � p p
system and they are studying alternatives sr�et f k:Issues resolved. He stated that
theyknow there is a time crunch and theyrk n .rd to have the park ready for
Little League season. f c,�:..; ; + / ,,
,i,,,i,,,,,we- ,0,
„Ity '/04v vol,
Council Member Johns `•` y.; kee ot) contact with a representative from the
�edt
���sF y.
LittleCDO League to ke•:.r: :the status of the park.
Vir'
In response to ••` ::�:. ► .:roma,4,014cil Member Abbott, Mr. Sinclair explained that a
water sourc )�
.., ';:-be mad e .1te,0 the park; however, the problem lies with the
&kr,processin 41:4,wastew
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Council Members`:: o ::;. uested that the Fire Marshal issue be placed on a future
‘3/4w6w4rCouncil agenda for*-0, discussion and review. She also asked that an official date
for the Meet and Conr meeting be set and forwarded to the FOP, the OVPOA, and the
Town Council.
1. CONSENT AGENDA
At the request of Council Member Abbott, Mayor Loomis pulled Consent Item G. At the
request of Vice Mayor Wolff, Mayor Loomis also pulled Consent Item E.
MOTION: Council Member Rochman MOVED to APPROVE the Consent Agenda
with the exceptions of Item E and G. Council Member Johnson SECONDED the motion.
Motion carried, 5 —0.
01/21/04 Minutes, Council Regular Session 4
A. Minutes— 01/05/04; 01/07/04; 01/12/04
B. Building Safety Activity Report—December 2003
C. Coyote Run Monthly Activity Report—December 2003
D. Police Report—December 2003
E. Establishment of a new CIP Designer Position in the Department of Public
Works and provide additional funding for the CIP Designer position
F. Report on Status of Emergency Drilling of Well E-7A
G. Resolution No. (R)04-03 Supplementing the revised Town Council
Parliamentary Rules & Procedures and Code of Conduct of the Oro Valley
Town Council by adding "Appendix B —Amended,"referencing the
clarification of the appointment process of Town of Or.f 'alley volunteers to
Boards, Commissions, Committees, Advisory Board••.: d Task Forces
�,y
H. Resolution No. (R)04-04 Accepting the amended,.. ..Y nsation and Benefits
• ffSY Yk.
Study, and approving the use of the new Classi a ion"`: a+ {and Pay
Adjustments to the new salary range minim effective -. ry 1, 2004
��'�. ` .��::"�
I. Resolution No. (R)04-05 Approving an am`° dment to the o ,:.ofOro
Valley 2003-2004 General Fund Bud • 1 r` thor• : '` an interes"'free $64,000
Inter-Fund Loan to the Storm Watertt'; ii,F o implement the Town of
Oro Valley Storm Water Management Pair:
,,,,,,,- 414:-,
E. ESTABLISHMENT OF A NEW 1G.NER QSITION IN THE
�`••.sus/•^:.; ��.',�^•'i�s ;
OF PUBLIC \ORK���••�r :'` �D'`TRYIDE ADDITIONAL FUNDING
DEPARTMENT �,;, .� :. .... ..::
., .:. r11.;X�:::�r X•'61'1::...
FOR THE CIP DESIGNER POSITIO ``$ 4,44';47''
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W.: a6
.i t>j;;., 1:,..
ry'5..,;Sil/.,::/.. �:.•: sat:r ^?!�
,lir.
',.,/.:....:: he Co • l Communication and explained that they
.4f1;/4.71% fog,
Town Engineer Bill Janse>«.::��e �e �:::
��,ryb.;: :;;;.: sir :Gr y'�<<rr1/reix
are requesting a new pq sn in P• ork `: 'at would manage capital improvements
. fir::`: :,�.�:
5:.. g P P
I;,77i�n.k l:':;[. •.Cn.:v.��'.1::•rCl{>:'.%:. .::.6y:;1:..:lr, '�;7ted that _:::{:.:: . ..: f�� 6. :h : in to monitor and execute various ca ital
protects. He sta .�..:.. �. .... ..�. �.:�
improvements in a :..v.. : an� f.'- sive manner that come through Public Works but are
not related to � 1; v.l/ nds. J
.6§
ecifica]] referenced two projects approved in last
year's budget-Office space B ing
Inspectors in the lower level of the
Administr`ruilding liitRecords Expansion at the Police Department. He stated that
Vlavitt
these were est ; ed to be; . ut $60,000 projects and now that they have been evaluated
byan architect :•rlo•.eco,+°are coming in at $180,000 and $200,000. Mr. Jansen
explained that the 'ip r r-1 al of a CIP Designer position would provide Public Works with
the staff necessaryto lièrform the initial scoping, cost estimating, architectural review,
etc. of projects before they go to Council for review in the budget process. He also
explained that the addition of this position would save a substantial amount of money in
hiring outside engineering firms.
Discussion followed regarding:
■ Request for additional personnel going through the normal budget process.
• Would take approximately 3 months to get new person hired.
• On many small projects, consultant fees end up costing the Town almost as much
as the construction costs.
• Overall, there is a staff shortfall, so projects are put on hold.
01/21/04 Minutes,Council Regular Session 5
• Mid year budget review is scheduled for February 9th.
• Wait until 2004/05 Budget to request CIP Planner. Do not want to "nickel and
dime" the current budget.
• 2004/05 CIP General Fund contains approximately one-half million dollars worth
of projects.
• Provide quantifiable data during the budget cycle supporting the decision to hire a
CIP Planner.
MOTION: Vice Mayor Wolff MOVED to TABLE this item until after the budget
sessions. Council Member Johnson SECONDED the MOTION. Motion to TABLE
carried, 5 — 0.
4f;i:
G. RESOLUTION NO• (R)04-03 SUPPLEMENTING THE.; .,1SED TOWN
COUNCIL PARLIAMENTARY RULES & PROCEDUR >> CODE OF
'`{;{�.:.:D
'H:�j
CONDUCT OF THE ORO VALLEY TOWN COUNC t ' f
;IN G
"APPENDIX B—AMENDED," REFERENCING T: j,;:CLARI .;.., `:. l ON OF THE
APPOINTMENT PROCESS OF TOWN OF OR„1 3j :,J,�ALLEY VOL` Q-�. .:•,EERS TO
:�,::`
BOARDS, COMMISSIONS, COMMITTEES VI SO " : BOARD AND TASK
FORCES �/:•;�y✓a , ,{>2?,y3r1••.,
: Nf 'es:.. NYly
'G/
ry
Council Member Abbott expressed conc regarding
.::
t `fecommended changes in the
44*
terms of thea appointees. She stated that l o rs silo-et-44o throe h the interview
pp � •� g
process regardless of whether they have "'S`'e "c"� �' jj:
��1„ r��,�;, *or Commission, etc.
previously. She stated that competition is'1,, a t ::�f an. new perspectives and attitudes are
Jath 5
brought into the working BoardA wh ad `` e to the Town. She also stated that it
should not become a casea `re""�..i•� `d ask `
a.,,
t the original language be kept.t• She
also commented that it that ewve ge was binding future Council members ers
to past appointees. ✓ ,r
10!,
ytCouncil Memby :
sta� $: at when a volunteer serves their first term, they are
just beginni;. : get t deet • "`X”" Then during the second term, they can be called
upon for t ►t:: erti se.
Iffeez/,,,„
Mayor Loomis,- */q f•• at the Government Review Task Force and the Town Council
have previously reV ;,:and studied this item• At that time, the Council made the
decision to allow the i rcumbent volunteer to request a second term without going through
the formal interview process.
Council Member Johnson agreed with Mayor Loomis and Council Member Rochman
and further stated that the volunteers serve at the pleasure of the Council so a majority of
the Council could change the makeup of the Board or Commission if needed. He also
stated that an evaluation process has been established so the Board Members' or
Commissioners' performance would be evaluated before they were reappointed which
would "weed out" non-performers.
01/21/04 Minutes,Council Regular Session 6
MOTION: Council Member Johnson MOVED to ADOPT Resolution (R)04-03 which
supplements the Town Council Parliamentary Rules and Code of Conduct with Appendix
"B" Amended, clarifying the recently adopted appointment policies for all current Town
of Oro Valley volunteers to Boards, Commissions, Committees, Advisory Boards and
Task Forces. Vice Mayor Wolff SECONDED the motion. Motion carried, 4— 1, with
Council Member Abbott opposed.
2. PUBLIC HEARING - ORDINANCE NO. (0)04-01 EXTENDING AND
INCREASING THE CORPORATE LIMITS OF THE TOWN OF ORO VALLEY,
ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4,
ARTICLE 7,ARIZONA REVISED STATUTES AND AMENDMENTS
THERETO, BY ANNEXING THERETO CERTAIN TERRITORY Y CONTIGUOUS
TO THE EXISTING TOWN LIMITS OF THE TOWN OF• f;; O VALLEY,
ARIZONA —NORTHERN AVENUE RIGHT-OF-WAY r- EN HARDY
ROAD ON THE NORTH AND CAMINO CORTARO OJ THESOUTH
Citt,J' l�l"V•''
Town Engineer Bill Jansen explained that the adopt of this ordinancee„q ld annex
f� `rte,;;
that portion of the Northern Avenue right-of-ways bets een Hardy Road on`the north and
Camino Cortaro on the south. He stated that whey " ' tion of Area "A" failed, this
portion of the road stayed in Pima County's jurisdiction elle the roadway both north
and south of this section lies within the of Oro :t ¢This has caused confusion
as to who maintains that portion of Nort **
e.: A ye. He her explained that Arizona
State Law contains a provision which all an i1 �.::.,y a county right-of-wayor
1 e realv ,� �hr:: c ? � Jansen reported that/,„,,;.,,Tisent,o1M.r.,.: ..;z;,::.orf ; h the
roadway with no taxab alue by m p
Pima County Transportation :f•. a has ce '''`ed with the Town's request to annex the
.�„�..,..+."vGs,I//'ems%�,x�.,f>���.f�G,9',:, % /�'':}%r�
"island" portion (North erni,.,; enugght-of- :T�Z l•�fbetween Hardy Road on the north and
Camino Cortaro on he O i•) Thereto e.. if the Town Council adopts Ordinance (0)04-
01,
:��5`:ifi �:;::�� ,;��'k •,te will befog:�� . e:: h..�::: roard of Su ervisors for their a rovalthe item go ��:. � � p pp
Discussion fo•lld ,r. r`�;11),enefits of annexingthis rl
ht-of
; ado t � �r omamental Agreement (IGA) with-twhea C
ount
?
• AA"„ion is the - nest way to accomplish the task.
• Annegta,:would•:straighten out this section of the Town's boundaries.
• HURFM ..
'� ar A�. : `ed on population and not on miles of roads.
•
Annexation .
:ma•�.. s ossibly save money as an IGA may cost more in staff time
trying to colletmoni es from the County.
• Town does much better job maintaining its roads. Response would be faster.
• If not in Town boundaries, the Town can not set speed limits or add traffic control
measures to that portion of Northern Avenue.
• Enforcement is confusing between the Town's Police Department and Pima
County's Sheriff Department.
Mayor Loomis opened the public hearing. There being no speakers, the public hearing
was closed.
01/21/04 Minutes,Council Regular Session 7
MOTION: Council Member Abbott MOVED to ADOPT Ordinance (0)04-01, annexing
that portion of the Northern Avenue right-of-way between Hardy Road on the north and
Camino Cortaro on the south. Vice Mayor Wolff SECONDED the motion. Motion
carried, 5 — 0.
Mayor Loomis recessed the meeting at 8:10. The meeting resumed at 8:17 p.m.
3. PUBLIC HEARING — ORDINANCE NO. (0)04-02 RELATING TO SPEED
LIMITS; AMENDING ORO VALLEY TOWN CODE SECTION 11-3-4, "SPEED
LIMITS" REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF
THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING
THE RIGHTS AND DUTIES THAT HAVE ALREADY MAT:;y-,%:::RED AND
PROCEEDINGS THAT HAVE ALREADY BEGUN THERN " DER
Town Engineer Bill Jansen explained that the adoption of ttpori a would designate
a 35 mile per hour speed limit for Innovation Park DriAtformerly ktfit4was Vistoso
Commerce Loop)between Rancho Vistoso Boule\ ud and Tangerine Woe.::Default
Speed Ordinance is 25 m h. explained that 1 !secti
.p. ) He lai
p c� � :f road will classified as
VyVza minor arterial street and will service a commerce . r and hospital area• If the
Council approves the 35 miles per hour speed limit, .T-; 4 :.ad would be consistent with
: �'.T.
other minor arterial streets of �..,.,. /. T the same t . ._Town. • •�{:.,�f,q;:T.
In response to questions from Council M , erand Vice Mayor Wolff, Mr.
Jansen explained that the actual design s ee4 :,o': ` curves on this section is 45 m. .h.•
however, you never set the speed{ i ut at the design speed. Also, each road is designed
and addressed by its own c ► tlo5 'Mr• Jansen also explained that the first portion of
Innovation Park Drive 4,-,,,:roistaii:AJ:,,, y,,,,j, tog0'!tartnersitosPartners and the second onion is being
',�"�M �`«.T9:^..��'i^o+1;. ;�fr.�;^`/f.,'.x:;?y �%��!'la'S�MX'fi,,,-,�"��2E�.Gr�
installedper an a reemen z - : �:±+ ` : }F ers and Northwest Hospital. The Town is
g ;�;t ,Y,f� . , , � p
not paying an thin• •r thi 044 jmprovement.
A
16
ryn �� T:pifit'•:., :f
Council MemJohns :1nm
d that speed limits, safety issues, etc. should be
addressed 't,:: Town's V,;1: ed staff He asked that staff look at a change to the Town
Code that wouldchange t it:rocedures for setting speed limits in the Town.
Mayor Loomis o er `e public hearing. There being no speakers, the public hearing
y p /K
was closed.
MOTION: Council Member Abbott MOVED to ADOPT Ordinance (0)04-02, relating
to speed limits; Amending Oro Valley Town Code Section 11-3-4, "Speed Limits."
Council Member Rochman SECONDED the motion. Motion carried, 5 — 0.
4. PUBLIC HEARING — ORDINANCE NO. (0)04-03 APPROVAL OF A
ZONING AMENDMENT FOR A 76.5 ACRE PORTION OF A 79.5 ACRE
PARCEL, CHANGING THE LAND USE DESIGNATION FROM MIXED USE
(COMMERCIAL, MULTI-FAMILY RESIDENTIAL AND LOW-DENSITY
RESIDENTIAL) TO SINGLE-FAMILY RESIDENTIAL AND CREATING NEW
01/21/04 Minutes, Council Regular Session 8
DEVELOPMENT STANDARDS FOR THIS SUB-AREA OF THE ROONEY
RANCH PLANNED AREA DEVELOPMENT
Community Development Director Brent Sinclair reported that in February 1989 the
Town Council rezoned this property from R1-144 to Planned Area Development (Rooney
Ranch Oro Valley Center Planned Area Development (PAD). He explained that CDO
Partners is asking to remove 76.5 acres of land from the Rooney Ranch PAD Sub-Area A
and designate this land as a new "Area Z." Mr. Sinclair reported that this would include
a rezoning from mixed use to single-family residential. The Area Z proposal is
accompanied by a Tentative Development Plan (TDP) that proposes a subdivision of
single-family detached homes on 152 lots. He explained that staff supports the single-
family development but there are issues with the TDP for non-con:d.. ance with the
Zoning Code• Therefore; staff has developed conditions that ar-:y... gned to address
potential impacts and bringthe project into compliance with . Zonin Code Revise
d•
Planning and Zoning Administrator Bryant Nodine rev'.;°F:. an oveffi of the site and
proposedproject.roject. He explained that the current PAD4 (ides for a mi ulti-family,
•
single-family and commercial uses with open s aecreatN/yJ
l areas. Nodine stated
that unresolved issues include encroachment into 0119 kil'C'ain
and encroachment into
25% slope areas. He also reported that the proposes BUttilieets General Plan conformity
with the land use (both current and proposed:, lans•) H , there are issues with
General Plan policies related to treatmeTt ofs •�: 7
b ::.: ood , and transportation.
Mr. Nodine further explained that in man v„ e p' osed plan complies with the
Voo,e
Zoning Code but there are a foal* that 06;7' f currently comply (25% slope
77,d3GF7� ;: s7
encroachment plus 15 feet,;o f or ,,,,o cut an `11•) He also stated that the original PAD
allowed administrative X: { .•.es to,Abe„,,Tj,.,DP w shout going through the Planning and
.f:...�7%, g . �:�3"✓�•' '•.....
ZoningCommission an " :; 2 y odine stated the Zoning Code allows
administrative cha •e J.,no „4 t places restrictions and provisions on the action
+.her f. •iJli. '%£:
(primary items. �i� ' � J
.e number of lots, no significant change in the
drainage a ' ” `and
n J g ,t4e.) He explained that the
e applicant has been
working rttl - Town A � iDe on revising the wording so currently the only item
m of
concern to P and &nng is increasing the number of lots as an administrative
change.) ..f :. :.-::
Mr. Nodine then revi=wed the main issues of the proposed Project:
• Project review in terms of significant changes to the TDP and how it needs to be
treated.
• 25% slope treatment (approximately 3 acres that are affected) - Areas that could
be developed because of encroachment into the 25% slope area and the additional
cut and fill. Direction by Council per Code is to not allow this encroachment and
additional grading.
Staff is recommending that the conditions proposed in Exhibit "A"be adopted as they
address the review criteria as set out in the current Code and they address the 25% slopes
and the grading cuts and fills.
01/21/04 Minutes,Council Regular Session 9
Town Engineer Bill Jansen addressed floodplain issues. He explained that floodplain
issues are being addressed with Pima County Flood Control District. A protective levee
would be installed which would take the lots out of the floodplain. He explained that the
project would require an adjustment to the flood map by FEMA and a Conditional Letter
of Map Revision (CLOMAR). Several,other issues of concern to Pima County are being
addressed by the applicant with the County.
Mr. Jansen addressed traffic circulation in the project and the connection of the proposed
project to the north. He explained that two different scenarios have been reviewed. The
first is the "Island Scenario" would provide that there be no access to the north so there is
no connection to the Kai-Capri property. The second which is the preference of Public
Works, is a "Collector Cross-Access Scenario"which would provi ecollector street
through the parcel that would provide a connection from the La ,ivrt Lane-First Avenue
intersection through the Kai-Capri property to Palisades Roa '4.:�
?` ` ; :eways would not be
6'�: ��
permitted to connect directly to the collector road. The pu N. ' col 4 ,!r:cess down that
collector street and access Lambert Lane and it would a lot oftr! : movements
JWP: a
off of First Avenue. Mr. Jansen stated that what ev- ^y; sd;.one in the are % ill greatly
impact the entire area in the future as it fully dev- ; ,:it* oitk'
Age4,00;'
Mr. Sinclair summarized the issues: 40e,
J�;l::
• Land Use change from mixed use a:.: esidentia/4t ported by staff and is in
conformance withreille.0*the GeneralF J,. .
sX.
• Issues have to do with the TentaDem ``
- ° �•:,� t:•Plan. Therefore, conditions
have been offered that would ‘fiftev
res• 'ssu p
''.^.J/.�"!4lt..i+x.i.::3 %i::�r. �JiJ'?t�.y
Further discussion follow-cf-•r gars t r �':.
.�J4 Nei•• ~
■ Collector road t40;;$ thei' V: hborhoR;%
" 'i� If verses no road. we allow cut-through
traffic, then it shouldn e o esi .n . lhe traffic and not just a residential street or
• 'yt,:,,:
' - nata ` `
dont put o ;
• :s.:<s'.:,,.:. e :tra "` First Avenue as the collector and
f�.
May w Y� �: .� 1 � � :. : a secondary street
VOW—
that fee �- + rac 4E bad and Tangerine Road since many improvements
9,01tih' rasyfyi:� :..
are •°``•ng forth th first Avenue and the First Avenue/Oracle Road Intersection.
• Conc-"°" th nuniett of traffic lights that would have to be installed along First
Xaa:
$ .re di
Avenue rected onto First Avenue.
t� = 4 .oa dry{�•, :
•
Concerns a Qut ow east side of First Avenue will be developed in the future.
■ Once Pusch few Lane extension is completed, traffic down Lambert Lane to
First Avenue will significantly decrease.
■ Establish an easement or stub-out for access off this site to a possible future road
connection to Naranja Road.
• If zoning change is not approved, the potential for apartments on this PAD would
be approximately 8 acres with 12 units per acre, so about 100 apartment units
could be built. 20—25 acres could be Commercial with about 20 acres of single-
family residential.
• Consider best interests of the citizens and the Town.
01/21/04 Minutes,Council Regular Session 10
Blake Hastings, Canada Del Oro (CDO) Partners, explained that the current PAD would
allow them to construct 50-60 single-family residents, 22 acres of Commercial, and 355
apartments. He explained that they are asking for a down-zoning. This decision was
made after the General Plan process had taken place to see what the constituency wanted
in this area.
Keri Sylvan, Lewis and Roca, representing CDO Partners, reviewed aerial photographs of
the site. She stated that they are asking for a two-thirds reduction in density to allow
approximately 152 single-family homes. She explained that they are preserving 40% of
the gross land area of the development for Open Space (Code currently requires 20%.)
She explained that there would be a trail with public access and four recreation areas
connected by sidewalks or trails. Ms. Sylvan then reviewed sample-aope treatments,
grading, and a visual analysis of said treatments and stated that is precedent in the
Town for allowing grading into 25% slopes and allowing cut:,and fills of over 15 feet.
She explained that all the Rancho Vistoso PAD mitigation . rla1 been incorporated
into to their PAD document for this property.
40'
Ms. Sylvan explained that regarding the circulatio r `cues t `;:.::. are comfortable with
Y p g g � ,�
• • 'XyV''Y'C••±'tkci(,701
r �'k� '. •deleting the connection to the property to the nort N: addressed the conditions in
Exhibit "A" and stated that since the Plannin and Zof :Commission's meeting, two
new conditions have been added. She stated:::vthat they di to work with staff on these
conditions. Ms. Sylvanpresented a ma M`F{`f` � ` ``:`.{ .
X� y,?„v
y .0 comb Vince with the Zoning Code
Revised, 10-307, as it relates to the Gene Plari tb:40,e tints. She stated that they
o±?±,�f :>.:..;fid$��`�`., ,,�.�.:,•.'� —
believe theirplan in its entiretymeets 86 � :�, :::,,:.::.F.yN:
th � �r�teii� ��listed in 10-307 and Code
requires a minimum of 80%.46:01%,i 'r{
-;e„
Ms. Sylvan then addres , e selgtop*Fpne,ttons in Exhibit "A" as recommended by
staff and the Commission,Commissior<A906-aittaktyare requesting that:
• Conditions1:j.: nd 1 ( €rmerly 12c) be removed so they can do some limited 15
Aoffifoot cut and e: e to grade into only the 3.2 acres of the 25% slopes.
■ Condition 3 be°r thoved •�o 1ector street.)
■ ndition be modified as three easements beingrequested are
vitOrak
C �` �.�n 11 (new::... . ) q
on pry.:: not suet to this PAD amendment.
• Conditi• ryi ,.:�.e ® ed - restricted access of 3 acres of commercial not subject to
.y± �ti{J'fivji:
this PAD a : nd• ent•
MM1:i'
• Condition 13 •`A(formerly 12d)—Section H. Addressed "significant change" in the
Preliminary Plat Conformance with the PAD and Tentative Development Plan
(TDP) - recommended wording changes.
• Condition 17 be deleted.
Ms. Sylvan commented that they would be comfortable with a continuance of this item to
the April 7th Town Council meeting if the Council so desired. She stated that this would
allow them time to meet with staff on the conditions. She stated that they would also
appreciate some direction on the circulation and grading issues.
01/21/04 Minutes,Council Regular Session 11
In response to a question from Council Member Abbott, Ms. Sylvan stated that the
current PAD Standards do not allow grading into 15% or greater slopes.
In response to a question from Council Member Rochman, Ms. Sylvan explained that in
order for the property owner (Mr. Hastings) to see the return that he needs to see (with
the substantial costs required to complete the bank protection and bring in the fill that is
required)he needs to be able to yield at least 150 lots. The only way to get 150 lots is to
be able to grade into the 3.2 acres of 25% slopes.
Mayor Loomis recessed the meeting at 9:32 p.m. The meeting resumed at 9:40 p.m.
Mayor Loomis opened the public hearing.
el
i6K
� YryrN,r"The followingcitizens s oke in su ort of the to siz ; ` it residential citing
p PP rezoning �.,..��..;�. y
reasons as: rezoning is in line with proposed General Plan,, nt "• + _low density-not
• ,oma•:.
mixed use with apartments, rezoning will bring better .,, uct, traffi Fready bad on
First Avenue so to bring in commercial, apartments ,44would make It' ; worse.
Sue Fry, 10929 N. First Avenue % r
Kathryn Mercer, 10985 N. First Avenue /411M,,,,,,,,,;41,
Richard Feinberg, 1451 E. Triton, stated t continuafir` # ould provide more time to
look at a north/south street through then
•:4;�s'Hari$; ,„"F,3?' ' „'v,
leltrie>
Nancy Martin, 11780 N. Via de la Verbin-41Footee stt the item be continued stating
1 " one• tl -®; re area needs to be looked at and the
that all the homework has no `
homes in the floodplain n -`.u..�.�, �
p v ^
e:: •,�•` ,V � d1 ed rr�
Vii' f •..
Adler, 10720 N. Ea -� f,;< :: :sed concerns regarding the applicants
Bill :�p�:- ::�. - ,{r: g g
request for flexibili.,I,.•,.r:y.•.'•-.and 1 in the lot size, lot layout, grading, floodplain
reconstruction 4*Ave . >_ He stated that if the Town waives and exempts
Ar-Lr• Vii:.yf,/f''.:. 6:fr`J",/ r/'•:.
;,r'r.NI rte: .r,.�lfi 'lf
compliance onforl ; , th e do not have a Code.
r V:.,: •fir:r rr�::
Art Segal, 10 :F,`:x``
• " . Blake Hastings statingthat
g 1 Blgh�::� �°Butte Drive, spoke on behalf of g
;..;::sem: r�'''�.:.
-r ,:
he was an honoran 1 intentioned man. He stated that Mr. Hastings would
:�; . g
develop a project that.tbè Town would be proud of
Mayor Loomis closed the public hearing.
Further discussion followed regarding:
• Possible continuation of the item:
o To allow time to study traffic issues-look at easement/stub-out for possible
future connection to Naranja Drive. Get rid of collector street concept.
o Would like the number of apartments that would be allowed under the
current zoning.
o Direction that the project be single-family detached homes.
o Include identification of the maximum number of lots on the property.
•
01/21/04 Minutes,Council Regular Session 12
o Include identification of the maximum amount of slopes that would be
impacted.
o Include a review and walk-thru of all the conditions with respect to "does
the condition make sense with the property being single-family detached
homes.
o Be sure that all roadway impacts by First Avenue improvements.
o For planning purposes, the Kai property development would be in
accordance with the land use map in the proposed General Plan.
o Consideration of sidewalks throughout the development.
o Building heights on the perimeter and on top of the hill would be limited
to 18 feet, single story homes.
o Looking for letter from School District (Policy I.3Q.,,;
o Provide information for Pima County's review - ology Report,
}:
Sediment Transport Analysis.
o 404 encroachment issues and bank protectii,`ar t--`
o Look at percentage discrepancies for co 0,piance fort s 10-307 and
10-308.
4,41- V#":;*-
o Bike and pedestrian safety issues. %` d,,' xj
• Item is a Tentative Development Plan• MV5s§ be addressed during the
Development Plan and PreliminaryPlat has .�'> '• +
�/��h
Commend applicant for requestingaxlown-zone; gys//the ro ert .
MOTION: Vice Mayor
Wolff MOVED° nance (0)04-03, OV9-03-
03 to the first meeting in March with the c4 hat s be single-family detached
residences for this ro ert lector ro all
p p y ,: :�����;; ... . F ��: be included in the development,
g ` ` into t"`j0.' mated amount (3+ acres) of 25% slopes
applicant should be perms ' � ���
�y�
fes,. r: j<
t' mitt-° a°Iion standards and requirements
as currently proposed a ,. �� as a.�} �,;.t.�e.
contained in the Oro Valley with �:� 1 ect and the Rancho Vistoso Guidelines are
included in the PAD}...mend,..;: Council ember Johnson SECONDED the motion.
41,0,
44,
jfDISC SSI 71owe . rdin ^ e
date of continuance. Mayor Loomis also asked
.:.•`j.• aha' num number of lots beingproposed and the maximum area
that theyb �� a ck the mt ,:
that isgoing t allowedlie impacted by the grading.
AMENDMENT to'i, n......
s `E MOTION: Vice Mayor Wolff and Council Member Johnson
agreed to CONTINU -the item to the April 7, 2004 Council Meeting.
MOTION AS AMENDED CARRIED, 4 — 1, with Council Member Abbott opposed.
Mayor Loomis recessed the meeting at 10:15. The meeting resumed at 10:20 p.m.
5. PUBLIC HEARING— ORDINANCE NO. (0)04-04 AMENDING THE
LAND USE MAP OF THE GENERAL PLAN BY CHANGING THE LAND USE
DESIGNATION OF THREE PARCELS, TOTALING 8.35 ACRES OF LAND,
FROM "CP", COMMERCE PARK TO "MHDR", MEDIUM HIGH DENSITY
RESIDENTIAL, FOR PARCEL NUMBERS 22433007A, 22433008A AND
01/21/04 Minutes,Council Regular Session 13
22433011A LOCATED AT THE NORTHWEST CORNER OF DESERT SKY
ROAD AND VALLE DEL ORO ROAD
Community Development Director Brent Sinclair reviewed an overhead map of the site
located at the northwest corner of Desert Sky Road and Valle del Oro Road (former
Newmont Mining Building) and explained that the owner, DC Investments, is requesting
an amendment to the General Plan map (CP-Commerce Park to MHDR-Medium High
Density Residential.) He explained that the applicant is seeking a General Plan
amendment to facilitate a rezoning of the property to allow construction of 50 to 65
single-family detached homes. (The site is currently zoned TP-Technology Park.) He
reported that most of the property around the site is already developed with the areas to
the north, south and west designated as MHDR and the property to,t's east designated
Commerciala artm ents• ef ./
Mr• Sinclair further reported that the Planning and Zoning !! : mivoted to
recommend approval of the General Plan Land Use M. mendmer ; e Town
pp
/;{ it
Council at their December 2, 2003 meeting :: .,, �r
r a is::.
• "iv:: ��.'2%r"f
,,oPti,''''
from Council Member �^ ` ott, ..,,, "� inclair explained that a
In response to a question �.., �`. � p
Site Assessment and Limited tos Surveywere conducted on
Phase I Environmental
the site in 1996. He explained that duiing: e.rezoning p : ,proper clean-up measures
would be taken to remove anyhazardou±` r ate �' x o the •r `•.
viis'..> --'44:4!4"1,6;,,,,„:.
�f
o,g:7,40 ,
Mark Castro, Tierra Right of Way Service:H..Y,,: }esti g:the applicants, D.C.
Investments, reviewed the su.:�::gin: lan„Lox,--6,40 : r'nap and a preliminary concept plan. He
then reviewed the Four Fin.} ngs �=` nust b M , t when granting a General Plan
• ' 1 improvement to the Genera Plan and is
amendment: 1) Amend':; A�°; const�..�•`" �s�:.�� ova p
`` wner or owners at a particular point
not solelyfor the benefi.+s�:;:�-:,fi. h : t� � �:: .:
time 2) Amendment,.;...,,• coni ` ��:. t with the vision , goals and policies of the General Plan;
t' . �.
3) The Genera Use4d9 does not provide appropriate optional sites for the
use propose AFI:: y Ment, ...,.A,,. 4 The amendment will not adversely impact the
communit- ":; . whole, or t.� rtion of the community without an acceptable means of
74
mitigating they •acts t I,gugh the subsequent zoning and development processes.
'001, :;cif��e.,`:
,;. �'`rte '
In response to a quet : =from Council Member Abbott, Mr. Castro explained that their
current concept plan i'proposing 53 lots.
Mayor Loomis opened the public hearing.
Carol Perell, 137 E. Horizon Circle, stated that she was in favor of the General Plan
amendment; however, she was concerned with the extra traffic that would be added to the
streets in the area and asked that the amount of homes be kept to no more than 50— 53
homes.
Richard Feinberg, 1451 E. Triton Place, expressed concerns with the proposed General
Plan amendment stating that the change would eliminate another section of Commerce
01/21/04 Minutes,Council Regular Session 14
Park land in the Town. He stated that Business Park and its development encourages
light manufacturing, professional offices and related uses and employees higher-paid
employees. He stated that the lots and homes are very small and he felt that this type of
p
development was detrimental to Oro Valley (impacts to schools, roads, not vision of the
General Plan.)
Bill Adler, 10720 N. Eagle Eye Place, addressed the Four Findings of Fact and stated that
thisp roposal meets all four findings and so disproves the discussion in the past that the
four findings can not be met. He stated that the Four Findings need to be maintained in
the new General Plan. He also commented that he would like to avoid another"cookie
cutter"type of project and suggested that the zoning be changed to Medium Density with
a maximum of 2 —3 units per acre rather than Medium High Dens'r k This would
provide more space and possibly a higher quality of life for the ry• 5.;; 'esidents of the area.
p �, ';.
Mayor Loomis closed the public hearing. '``{ `` .. • r :.
N� r.:
MOTION: Council Member Johnson MOVED to PROVE Ordinancef O)04-04
Jr f^•j! �•.
OV 11-03-01, Desert Sky General Plan Map Ame :• Ment. '; ncil Member Abbott
SECONDED the motion.
911-0/S
.
DISCUSSION: In response to comment from Mayor ;. s, Mr• Sinclair agreed that
#�N.,tj�yC� r F.�.. fG F ry
i 'f'~��`��' "s t Residenti � with a maximum of five
the next lower density would be Med u . . .� .�»�.
�`��`� a•`"��`�r ��` �`�� ents R-4 and R-17 zoning;
units per acre. The surroundingdevelo r :::;;. is •a`°:; { a ,
therefore, their proposal is consistent with + :Sg:?#
'undig areas.
Apo
;"f. Fid•��/{ /�
..S:..::..isy..;^'.!•:J.:••'H::.,-;G,'!'S"$i. ""lir'�.�,.F
AMENDMENT TO TH OTTO, At t (request of Mayor Loomis, Council
Y- �rr
Ar
Member Johnson and C: ::+ail Mem, ` r:Abbo greed to the removal of the fourth
�'%•'iup.N•a-S f' j.ors/317'y;3r,. :%
.�''•::v;y:4- .1C �'f':sr;.c/f�� ff`'•;6''rsl'./.�i�,'�"
"Whereas" h
paragraph in� � � �� : ��•�' ..:�; osed.
Nita,
MOTION AS ::` . �. ,-; . A:„.',/!,:VD,
6. 0\4/4Q3-12 REQ- �„ ST FOR APPROVAL OF A DEVELOPMENT PLAN
TO CONSTRUCT A 16Y:'� O SQUARE FOOT CHURCH OF JESUS CHRIST
S•r: �ly;•J M:
.-" ��` ��� CORNER OF
LATTER-DA `; LN :
OCATED ON THE SOUTHEAST
ARROWSMITH TOtM AND WOODBURNE AVENUE, PARCEL #21953004E
Community Development Director Brent Sinclair reviewed an overhead of the
development plan and project location and explained that the Church of Jesus Christ
Latter-Day Saints is requesting approval of a development plan for a church facility. The
project is located on a 4.47 acre site with existing zoning of Planned Area Development
(PAD) and Rancho Vistoso land use designation of medium high density residential. He
explained that under the Rancho Vistoso PAD, churches are a permitted use in this land
use classification. The proposed church building will be 16,000 square feet, containing
the sanctuary, multi-purpose room, classrooms and office space.
01/21/04 Minutes,Council Regular Session 15
Mr. Sinclair further explained that the PAD requires that 10% of the gross area be open
space; however, the applicant is providing 44% open space on the site. He then stated
that the Development Review Board has recommended that the Town Council approve
the Development Plan for the Church.
Mark Bollard, 3936 E. Fort Lowell, Swaim Associates, representing the applicants, stated
that they have worked very closely with the Town Staff. He also stated that they have
met with the surrounding neighbors and the Rancho Vistoso Community Association and
they feel the proposed plan is sensitive to the neighborhood.
MOTION: Council Member Abbott MOVED to APPROVE OV12-03-12, Development
Plan for the Church of Jesus Christ Later-Day Saints. Council Me f" er Rochman
SECONDED the motion. ocsr
ffrneetmg
DISCUSSION: Council Member Abbott thanked the apps' fior exceeding
the requirements for open space and parking.
.ii` �r 'ifj,�Y•fiA.'.
MOTION CARRIED 5 -0. r,:
TOWN MANAGER'S REPORT—No report „,/
COUNCIL REPORTS ciljw4,0ki
100,that he at '{ e'in CountyBoard of Supervisor's
Council Member statedJohnson �� `�
meeting on Tuesday. He stat?, /{ of on Oid the Board agree to extend the
Intergovernmental Agrees ..A: b - .. :. ibra they also have agreed to include the
v�
�/, r�M,I:r til
co and E `lion to be held on May11'.
Town's $9.6 million in:�� �• ��° :.: �
i»+,r/f:K $r J.� 1+�:iF.�..r`oY':'✓r:;::v..n.... ,.
Mayor Loomis re .Q.:; -d that ryt 'ima Association of Governments would be holding
`.`fwxy;.... x k::.
R•000 ee Friday, January23rd.
their Regional ': .�''�:�,�r� �t;�:
�f ... .r:�.x;R��/ .r::. `ra!Y•J,r,
f. J'
DEPARTMENT REPO ':. q -No reports.
CALLAUDI , .�.
T O ,xly,,; /.
*,
:.r;l{i..:r •.
Helen Dankwerth, 11 ` 5 N. Flying Bird Drive, stated that her earlier statements in Call
to Audience were not allegations on her part but were in response to rumors heard from
the Library staff and direct comments made by Supervisor Ann Day. She asked again
that any information and specific steps to be taken regarding the library be made public.
ADJOURNMENT
MOTION: Council Member Johnson MOVED to ADJOURN at 10:55 p.m. Council
Member Rochman SECONDED the motion. Motion carried, 5 — 0.
01/21/04 Minutes,Council Regular Session 16
Respectfully submitted,
Roxana Garrity, CMC
Deputy Town Clerk
I hereby certify that the foregoing minutes are a true and cord;.t copy of the minutes
• Valley, Arizona held
of the regular session of the Town of Oro Valley Council ,:: ��� : :
' ♦"�y� `�• •�"- �"-" was duly called
on the _21st_ day of January 2004. I further certify tha. a t :
(� � ��rr"'
and held and that a quorum was present. k ;
Dated this day of �•'•
'4:7Z,24,4*
Kathryn velier CMC �'.:.:. 7'.
n r•. r rr'
Town Clerk :�:,.��,♦;,:..
;'ice f ii,i
use'
' rr %J.
Aer 411,16
9ii0
F : ' ,,••
.riy ''.`"/r♦r`'•PSS,���.aa��'�<<•::♦:5..-.lir
/
'i
111,
f r
♦f,<.
TOWN OF ORO VALLEY - -
COUNCIL COMMUNICATION MEETING DATE: February 4, 2004
TO: HONORABLE MAYOR& COUNCIL
FROM: Shirley Seng,Utility Administrator
SUBJECT: Authorization to Purchase Fire Hydrant Locking Devices
SUMMARY:
The Oro Valley Water Utility is in the process of conducting a vulnerability assessment of all water facilities as
required by the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. While
performing the assessment,it became apparent that a major vulnerability of the water system was the fire hydrants.
The Utility has approximately 1680 fire hydrants dispersed throughout the system. These fire hydrants allow easy
access to the water distribution system at multiple points and are virtually unprotected.
Utility staff has researched and pilot-tested a hydrant locking device (Mueller Hydrant Defender) manufactured
solely by the Mueller Company. This device is universal and can be retrofitted to existing system hydrants. The
design is such that any attempted tampering with the hydrant will be readily apparent. The installation of a hydrant
locking device not only provides a measure of security for the water distribution system, but will also deter water
theft. The Golder Ranch and Rural Metro Fire Departments were also given the opportunity to examine and test
the device. Additionally,the City of Phoenix has been pilot-testing this device and Tucson Water has expressed an
interest in it.
The Utility recently bid the purchase and installation of these hydrant locking devices; however, all bids exceeded
our available budget. On January 7, 2004 the Council formally rejected all bids. The Utility is seeking authorization
to purchase the equipment direct from the manufacturer (a sole source provider) and perform the installation
utilizing our own staff. By using meter reading staff(when not reading meters) to complete the installation, some
of the grounds maintenance (i.e. weeding plant sites, cleaning meter boxes and cross-training) will not be
performed during this time. However, installation of the locks could be completed within the budget and Utility
staff could address all fire hydrants in both the Oro Valley and Countryside water systems as well as accomplish
other tasks concurrently with the lock installation such as hydrant testing and repairs. Implementation of some
security measures prior to the completion of the assessment will actually "soften" the result and provide an
immediate measure of protection for the customers of the Utility.
FISCAL IMPACT:
The cost for the Utility to purchase direct from the manufacturer and install the equipment with existing personnel
is estimated at$92,000. The total amount budgeted for security in FY 2003-04 is $100,000.
RECOMMENDATION:
Staff respectfully recommends authorization to purchase the Mueller Hydrant Defenders directly from the
manufacturer with installation to be completed by existing Utility personnel.
ATTACHMENTS:
1. Manufacturer information on Mueller Hydrant Defenders
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION PAGE 2 OF 2
SUGGESTED MOTION:
I move to authorize the purchase of Mueller Hydrant Defenders directly from the manufacturer with installation
to be completed by existing Utility personnel.
Or
I move to
Utility Adminis i4 tor Aip,
/
Utility Director'
Town Manager
r
MUELLER®
Hy drant ,
I efenderTM
Hydrant Security Device
Low Cost,
HeavyDuty
en conducting a vulnera-
bility The stainless steel barrel lock features
Hydrant Defender security device
ment (V.A.), fits Mueller Super Centurion'and a key, or keys, that are uniquely coded
Wil
assess
infiltration of a municipal other three-way hydrants. for the purchaser and strictly con-
water y supp through 1 throe h an unsecured fire trolled by the manufacturer. When the
hydrant should be a primaryconcern. ,/ .= device is securely locked, the hydrant
y .4:�.
•'� nozzles and the operating nut can
Most of the hydrant security _. - 4 `,
-' __� only be accessed by completely. -!%li��r+a"*'w':.,
cut-
devices available throughout the E
• ting through the heavy straps or barrel
country use a universal wrench or I_ Y -" ` _: .'
� � .-
-..,,,,e,-,,,- lock. Damage to the straps or lock
. ?tit :...
tool that can easily be obtained by a 3', , 1
will be clearly evident, even from a
sh.
motivated wrongdoer. These securi-
.,� _,5;:. distance, and the water authority can
ty devices can be unlocked and `" � . s' investigate the problem immediately.
•�L�!t i
enlaced with little or no evidence
of tampering to the water authority. ss The Hydrant Defender device is the
p g - � .-
y
�' ::; � ►• most affordable hydrant security sys-
The Mueller Hydrant Defender , : :
. �.7,--� .-`=••;---;• tem available today. The unit can be
Device provides security to the factoryinstalled on the Mueller Super
Installation eas as 1, 2, 3 p
hydrant nozzles at two levels. First, y
y Centurion hydrant or
the 14 gauge (.075") 304
Fig.1 Fig.2 Fig.3 ordered separately.
stainless steel straps pre- Install strap protecting Install strap protecting Lock Models exist for virtual-
vent unauthorized access operating nut all nozzles
ly any make or model of
to all but the most deter- !_ /-.._\ three-wayhydrant. Each
mined individuals. ,- ` `
.ot
-_-�- : - Hydrant Defender
Second, unlike most - r- `� •
--�; device can be coated
other security devices, _ ,; , � .. ` -
\, with a durable epoxy
evidence of tampering -.. V ' :=
Y :r paint custom matched to
will be clearly visible. In . �-
�_ _ _. :... _.:_ f virtually any color
the event of an emer- �
•` '� scheme. Installation is
• i
gency, fire personnel can _ •� ::.-z _'1 .►: i,,.. quick and easy. Nos e-
quickly and easily open - .. ._ ... �.:._..
• . cial tools are required.
the lock and remove the
Hydrant Defender straps in seconds.
MuiIhr Co.
Main Office—Decatur,IL
Water Division: 800-423-1323
www.muellercompany.com
- Canada—Mueller Canada Inc.,Milton,Ontario 905-878-0541
All products must be installed and maintained in accordance with applicable instructions and/or standards.
Form 12319-9/02 Copyright 2002 Mueller Co. Printed in U.S.A.
.
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION MEETING DATE: February 4,2004
TO: HONORABLE MAYOR & COUNCIL
FROM: Ainsley Anne Reeder,Parks and Recreation Administrator
Lynanne Dellerman,Recreation and Volunteer Coordinator
SUBJECT: RESOLUTION NO (R) 04- 06 - Approval of a Long Term Lease Agreement for 1370
Sq. Ft. of Recreational Programming Space
BACKGROUND: Since 1996, the Town has steadily built and broadened the programs offered by the Parks
and Recreation Division. Because the Town has never owned their own recreation center, all programs have
been held outside in parks, in the Council Chambers, in the Hopi Room, in space donated by Northwest Medical
Center, in the Oro Valley Public Library, in local public schools, and in commercial space leased for specific
programs. Although these alternatives have been workable until now, the Division is beginning to face severe
challenges trying to meet the growing demands of the community in these facilities. Each of these options has
drawbacks which limit and fracture programming efforts, and those have been outlined in"ATTACHMENT A."
SUMMARY: Staff has identified 1370 sq. ft. of available programming space in the plaza across the street
from Town Hall at 11133 North La Canada Drive. The cost is as follows:
Base Rent: $15.50 per sf/nnn for lease term with a 4% annual increase = $21,235 the first year.
Jperating Expenses: $3.55 per sf(estimated) for common area maintenance, real estate taxes and
Insurance= $4,863.50 the first year.
Security Deposit
and Prepaid Rent: Security deposit equivalent to one month's base rent, triple net charges, and rental tax =
$1769.58.
Facility
Improvements: Paint walls, install floor covering, and basic furniture = $5,000
The proposed five year lease (see "ATTACHMENT B") has been reviewed and approved by the Town
Attorney.
Initial programs proposed for this location include Jazzercise, Yoga, Yoga for Golfers, Tai Chi, Rhythmic
Gymnastics, Pilates, Guitar, Clogging, Kinder Music, and Painting Classes.
FISCAL IMPACT: The total cost for first year operations is $26,098.50 plus the deposit and initial facility
improvements. Based on experience and existing programming interest, staff estimates that 77%, or $20,000
will be recovered from program fees in the first year. This percentage is expected to increase to 90% and 100%
in the following two years.
The existing budget for "facility usage" is $3,000 annually. Amphitheater is currently providing space for five
programs at a cost of$21,028 annually. This includes programs that must be held at the schools due to
programming restraints, such as children's camps and after school dance programs. Two programs currently
neld at Amphitheater would be moved to the new leased location for an annual reduction of$4,156 in fees paid
to Amphitheater.
TOWN OF ORO VALLEY
7'OUNCIL COMMUNICATION Page 3 of 3
If the Town opts to not lease space for programs, the estimated cost for facility usage for existing programs
during the fiscal year 03-04 is as follows:
Amphi leased space: Expense = 21,028, Revenue= 10,020,Net Cost= $11,008
Other leased space: Expense = 3,600, Revenue= 2,400,Net Cost= $ 1,200
Total: Expense=24,628, Revenue=12,420,Net Cost=$12,208
For fiscal year 04-05 is as follows:
Amphi leased space: Expense= 21,028, Revenue = 10,020,Net Cost= $11,008
Other leased space: Expense = 3,600, Revenue= 2,400,Net Cost= $ 1,200
Total: Expense =24,628, Revenue=12,420,Net Cost=$12,208
If the Town opts to lease space for programs, the estimated cost for facility usage for fiscal year 03-04 is as
follows:
Proposed leased space: Expense= 8,700, Revenue = 6,667,Net Cost= $2,033
(4 months only)
Other leased space to date: Expense= 2,400, Renenue= 1,600,Net Cost= $ 800
(8 months only)
Continued Amphi space: Expense = 19,642, Revenue= 9,020,Net Cost= $10,622
Total: Expense =30742,Revenue= 17,287,Net Cost= $13,455
For fiscal year 04-05 (the first full fiscal year of operation) is as follows:
Proposed leased space: Expense = 26,099, Revenue =20,000,Net Cost= $6,099
Continued Amphi space: Expense = 16,872, Revenue = 7,020,Net Cost= $9,852
Total: Expense= 42,971, Revenue=27,020,Net Cost= $15,951
Please note, if the proposed space is leased, the above numbers include seven additional programs which are
currently not offered because no space is available in school or other facilities. Additionally, by the third year of
operation, the proposed lease space would be self supporting.
RECOMMENDATION: It is recommended that the Town enter into a lease agreement to utilize 1370 sq. ft.
of space at 11133 North La Canada Drive for use as an interim recreational facility.
SUGGESTED MOTION:
I move to Approve RESOLUTION NO. (R)04- 06 .
.
TOWN OF ORO VALLEY
;OUNCIL COMMUNICATION Page 3 of 3
ATTACHMENTS:
A. Recreational Programs Facility Usage—Issues & Concerns
B. Resolution NO. (R)04- 06
C. Lease Agreement
j'
t- 7‘7// ::(5/14-A."\---e f --g-kk-L4-4-v-G-ex—,_...,,'
Recreation and Volunteer Coordinator
_ . , , ,............v..,„,.A.:-----....„
}-,
Parks and Recreata• dministrator
17/1
,, i
Co ••uni., Developme► I irector
/ , (t ,
Town Manager
ATTACHMENT A
Recreational Programs Facility Usage—Issues & Concerns
Existing Parks: The Parks and Recreation Division has utilized James D. Kriegh Park, West
Lambert Lane Park and Riverfront Park for a number of programs, including Dog Obedience,
Desert Dawgs Boot Camp, SPRINT Conditioning for Kids, Walking Club, Performance Baseball
and Softball Clinics, Pee Wee PE, and Oro Valley Fun Camps (spring held at James D. Kriegh
Park and fall was held at Riverfront Park in 2000.) Some of these classes fit well outside, and
the Division plans to have these classes remain at the parks. However, many classes, programs
and activities are not suited for the outdoors and require temperature and noise controlled
environments that provide privacy and protection for program equipment. Additionally, these
parks are used extensively by the public and have little space available for programmed classes.
Council Chambers and Hopi Room: The Parks and Recreation Staff has scheduled a number of
classes in the Council Chambers and in the Hopi Room. Based on experience, the staff found
that holding recreational classes in these rooms is inconvenient and disruptive to other Town
Departments and results in an extraordinary increase in number of times the rooms must be set
up and broken down by the maintenance staff. The Division has been asked not to utilize these
facilities for recreational programming unless there is an emergency.
Northwest Medical Center: The Northwest Medical Center graciously donates a small room for
Yoga and Tai Chi Classes for 4 hours each week. Because this is a secondary use for this room,
these programs may not be expanded, and no new programs may utilize this facility. Because
there is no fee or lease agreement for this room, the programs could be asked to discontinue use
at any time. Additionally, the room must be set up and broken down for each class by Town
staff.
Oro Valley Public Library: The Library Staff has been very cooperative in attempting to fit in
parks and recreation programs in the large multi-purpose room. Currently Yoga, Guitar, and
Rhythmic Gymnastics are held at this facility. However, the Library, which is already over
capacity, has a large program schedule which makes regular use of that facility. Because
recreation programs are a secondary use for the room, the programs have to be moved, often on
very short notice, to alternate locations when the Library needs the space for other purposes.
Public Schools: During the past four years, the Amphitheater School District has accommodated
programming at Copper Creek Elementary, Painted Sky Elementary, CDO High School, and
most recently, Wilson Elementary and Ironwood High School. Because of State mandated
requirements, the Amphitheater School District must now recapture all associated costs for
facility usage from non-school groups. The District gave the Town two years notice that this
rule was to be put into place. The existing budget for"facility usage"is $3,000 annually. The
Parks and Recreation Division now pays fees of$21,028 annually to utilize the school facilities
for existing programs. Although three programs must remain at the schools due to programming
requirements, all other programs could be run at an alternate location.
Other than an increase in fees, parks and recreation staff face other problems utilizing school
facilities. Many planned parks and recreation programs are never held because the school
district declines requests for use of their facilities because (1) the facilities are already being used
by the schools themselves, (2)the facilities are already being used by other non-school entities
•
(Note: The Town does Have an Intergovernmental Agreement with the Amphitheater School
District stating that the Town will get first consideration in facility usage, therefore the Parks and
Recreation Division must compete on equal footing with other agencies for space), (3) it would
be inconvenient for janitorial staff to be at the school during the requested time or no janitorial
staff is available during the requested time, or (4) the school does not want the requested facility
used due to potential handling, movement, or wear and tear of school equipment or supplies, or
even the facility itself For these reason, the parks and recreation staff are often denied use of
school facilities.
Leased Space (non-exclusive): The Parks and Recreation Division occasionally leases space
from other agencies or businesses. Because this space is not exclusively used for parks and
recreation programming (such as a karate school or Church facility), the staff faces issues of
limited time slots, high costs, and the necessity to move the programs when the facility is needed
by the owner. Additionally, the opportunities for this type of lease agreement are not common,
as most agencies have their own space constraints or do not wish to have the traffic of recreation
programs in their facilities.
RESOLUTION NO. (R)04- 06
A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA,
APPROVING A LONG TERM LEASE AGREEMENT WITH W.J. CHOI
FOR A 1370 SQUARE FOOT SPACE LOCATED AT 11133 NORTH LA
CANADA DRIVE TO BE ' UTILIZED FOR THE TOWN'S
RECREATIONAL PROGRAMMING.
WHEREAS,the Town of Oro Valley wishes to provide a broad range of
recreational activities to serve the needs of all age groups and interest; and
WHEREAS, it is necessary to lease space to accommodate existing and planned
recreational programs in an effort to meet the recreational desires of the
community; and
WHEREAS, a long term lease for 1370 Sq. Ft. of space is available at 11133
North La Canada Drive for recreational programs.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN
COUNCIL OR THE TOWN OR ORO VALLEY:
1. The staff is authorized to separately enter into a long term lease
with W.J. Choi for a 1370 Sq. Ft. space located at 11133 North
La Canada Drive to be utilized for the Town's recreational
programming.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro
Valley, Arizona this 4th day of February , 2004.
Paul H. Loomis, Mayor
ATTEST:
Kathryn Cuvelier, Town Clerk
APPROVED AS TO FORM:
Mark Langlitz, Town Attorney
U:\Council C\Resolution-Lease.doc Town Attorney's Office/ca/050903
11/18/2003 TUE 16:21 FAX 7517465 COMMERCIAL RETAIL ADVISO LOIuuw/uub
ATTACHMENT C
COMMERCIAL RETAIL ADVISORS, LLC
November 18. 2003
Ms, Lynanne Dellerman
Town of Oro Valley
Parks and Recreation Department
68() CaIle Concordia
Oro Valley, AZ 85737
• RE: Lease Proposal
-
Oro Valley Center- S of SWC of La Canada & La Narania Drives
Oro Valley, Arizona
nen!.Lynanne,
It m y pleasure to have this opportunity to present you the following counter proposal to lease
is my pleasure �v proposal
T1 The terms and conditions under which the Landlord would enter into
space �� ��u Valles Center. lb1 f�1. id1 V var.• •v• v •
said lease agreement are as follows:
LANDLORD: W.i Choi,1.i.0
TENANT: Town of Oro Valley Parks and Recreation Department
LEASE GUARANTEE: N/A
TENANT'S TRADE NAME: Oro Valley Parks and Recreation
PRF.MLSF,S: Approximately 1.370 sq.f3. located at 11133 N. La Canada,
Suite B 101 ; Oro Valley, Arizona (as shown outlined in red
on the attached Exhibit"A")
LEASE TERM: The i ease Terra shall v11imP- (5")y ars.
OPTION TO R E NF W: So Jong as Tenant is not in default of the Lease and is
operating from the Piemiscs, and has not assigned the lease
nr cuhlet the Premises to an unrelated entity, it shall ave the
Option to Renew the Lease for one (1) additional terms of
five (5) years each by giving written notice 180 days prior to
the expiration of the Lease. The Option Period shall be upon
the same terms and conditions except there shall be no Rent
phone(520) 290-320.0 4811 E. Grant Road, Suite 262
fax(520)751-7465 Tucson,Arizona 85712
website www.cradvisorsllc.com
11/18/2003 TUE 16:21 FAX 75.17465 COMMERCIAL RETAIL APVJSo tvluu;s/uuu
Ms,Lynanne Dellerman
November 18. 2003
nage?r%f 5
Abatement Period_ no Tenant Improvement Allowance and
the Rase Rent shall increase as per the option chosen below.
!1-.�:.... 1. If ll.��:.,f� I of Base Rent is cnlnr+ts�r� the Base
Option 1: Option sele� .•a� Bay
A..�1 L._il increase 1-.7%. 11 O/ for the renewal
llYili Jn as increase iv/O aui the r ene a l
Optioi! Period.
Option 2: Yf Option 2 of Base Rent is selected, the 11--ease
Rent shall increase by 4% annually for the
v..w•• J O
renew 1 O tion Period.
/♦fJ�TTN) V�.1�tV�/
RACE' PENT:. Optiont1: S17.00/sf/nnn flat rental rate for the Ease
Termof
1 ease with a 10% increase for
Term��i the ease with• o •a•�•v.+v�. ���
the renewal Option Period, if exercised.
Option 2: $15.50/sf/nnn rental rate for the Lease Term
with a 4 0% Annual increases,
l'F. f F.NT A GF R FIST: Percentage Rent shall be waived. Tenant shall report gross
sales.
PER ATING EX-Pr-NSF-S.: Tenant shall pay its pro rata share of the Operating Expenses
(Triple Net Charges) of the project, which includes real estate
taYFcinsurance a»d common area maintenance.
The
Operating Expenses are estimated to be $3.55 per square foot
1
per annum. Common Area Maintenance shall include, but
r
not be lirnitiNiri to, rnnf rep Airs or replacement, parking lot
resealing or resurfacing, exterior painting and the customary
/� • ' ' and �•1 f f1 P f'1 t f C t f"1 to of the/� n�1 P r Sl�l Y1
fee for administration
]1-11 �\.]1)lJ)�1�t1U11V1� JuUt.t.y»i��.7�s ♦»� vN��v..,••
g
r A penseS.
NT TAX: Tenant shall pay all Rental Tax assessed against the Premises,
currently assessed at 0% of Base Rent and Triple Net
Charges.
LEASE AND RENT
COMMENCEMENT DATE: The Lease Term and Tenant's obligation to pay Base Rent
and Triple Net Charges shall commence sixty (60) days from
Landlords delivery of the Premises to Tenant, such delivery
date is estimated to be January 1, 2004, or Tenant's opening
fpr business in the Premises;whichever first occurs.
t SE OF PREMISES: ']'he Premises shall he continuously used, t rouebout the term
of the Lease, solely for the purposes of holding instructional
1\crsscrver\ditIAl,iniia MonLe,ni\I.ed.Sc Proposals\Oto valley Ccntcr\OV It I arks& Rcc.d+►L
11/18/2003 T11_F. 16;;1 FAX 75,11465 COMMERCIAL UTAH. AIV1Sn 0004/006
Mc, }.>rnrn,ne DeHerman
Nevar hM► t R 7.001
Page3 of 5
classes for 1w77ernise, Tai Chi, Pa.la-tes, Porn. Dance, Cheer.
Rhythmic Gyrnnasties, Pee wee PE, Morn & Tots, Guitar
Clogging, Tap for kids, Ballet for kids. Art-xhibits, meetings
for walking, biking, hiking and seniors clubs and other
recreation uses approved by Landlord and for no other
purpose.
A NINT npn,s WOR!: Landlord shall deliver the Premises with the following work
substantially completed prior to the Lease Commencement
Mite ("Landlord's Work"):
1) walls clrvwalled,taped:textured but not painted.
2) smooth concrete floor,
3) 2'.x4' grid, lay-in acoustical tile ceiling with
fluorescent lighting throughout,
4) electrical service and outlets per code,
5) one finished handicap accessible bathroom.
6) Heating, Ventilation and Air Conditioning (HVAC)
with distribution duct work find vents,
MAINTENANCE AND
RF.P IRS: Landlord, at its sole cost and expense. shall maintain and
repair the load bearing structural walls, roof structural,
foundation, and plumbing and electrical servicing up to the
Preen i ses.
Tenant, at it sok cast and eNpense, shall maintain and repair
all interior items including but not limited to walls,plumbing,
electrical.rV,r,rc. winr�r�w'. •�nt"1 t--TV A��
� •• � ...v aw..v a a •.ay.
,r.ri lU ITV nt'PnQIT A TSM
c
PR EPA D RENT: Upon _full execution of the Lease, Tenant shall pay a security
deposit equivalent to one month's Base Rent; Triple Net
1
C'h�-4. and Rental Tax nnri prepay t r first mrmth.: Race
Rent, rime et Charg-es QJ( Rental Tax.
C1r:N A GE: Within thirty en) days of Tenant's opening for business in
the Premises, Tenant shall have installed an exterior building
ism in accordance with the project's standard sign criteria,
city approval and Landlord's final approval.
PARKING: Tenant chalk have the right t.o stencil paint two (2) spaces
immediately in front of the Premises with Tenant's trade
11 rAgg 1-04,4=1, in le Munlunix.1 A-11,x Proptl.ala:\O:o Valley Centcr1OVTC Parks&Rec,rinr
11/18/2003 TUE 16:21 FAX 7x17465 COMMERCIAL RETAIL ADMISO 10005/006
Ms, Lynanne Del1erman
November 18, 2003
Page 4 of S
name and nothing else. Tenant shall have no en lbrcement
right with respect to said parking spaces.
TT�7� rsri/1T1[�11R♦TZ`DT A� C`. Landlord shall apl�,.�� the Premises free frnm SI%�T1l(ll)c
i"141AR/JO[JS IfJAJ ER1ALS: Landlord shall deliver r m hazardous
w... shall �.►r.�.w.. �A 1\A ►�['11f'1,'1.�,�n for ���/
1T12�1G1"lar, al]U shall continue to to res,ons/ le fo an
� �. � L_. Landlord.1.._.� Tenant..,...,.• shall 1+0
hazardous mater»i� caused by Landlord. Tenant be
responsible for any hazardous materials caused by Tenant.
REALESTATE BROKERAGE: Tenant's Agent None.
Landlord's Agent: Commercial Retail Advisors, LLC
T rianf and !.andlord acknowledge that they have had no
dealings with any other broker other than those stated above
in connection with the proposed lease transaction. Landlord
shall pay a real estate cnm1 siovn to Commercial Re it
AAdvisors, LLC ,..+.,., full execution .-.f •� 1.+men and tz,s,ivs-r �lr
dti fors. wenn full execution .o. a le ac" an ., ,. . .
any contingency in connection with the proposed lease
transaction.
1 EAS FORM; Lanr'�lnrd'c tntm.
s/L I?tJ fV
FINANCIAL INFORMATION: Waived.
APPROVALS: Tenant shall obtain any and all approvals necessary prior to
executing the Lease,
NON_R!ND!NC 'RQPOSAT.: This proposal shall not be binding on either of the parties
here o and may be withdrawn at any time, There shall be no
agreement nd MPTP i a fully xecute lease
03=.1't.�.rll{\.1'{i unless ti1�V{ until :her- •_s .. a...aa, +.a..��._.���
agreement.
.
RIGHT OF EXCLUSIVE USE: So long as Tenant is not in default of the Lease, Landlord
sha!! not enter into a !PACE,. with any other business whose
expressed primary purpose (Use) is instructional classes for
recreational purposes. Lusting tenants,anchor tenants and
parcels not owned by Landlord are excluded.
r.ANCE1 T ATIO! This Agreement is cuhleci to the provisions of A.R.S. § 38-
Si
-
S1 1, which provides in pertinent part that the state, its
nal iticAl subdivisions or ¢ny department of either may,
within
three years after its Y pec ution, cancel any contract with, 60
da.,.. .,�.;�+o., „„t;.. made by the state, its n�,i;tiral
ays s T>itten notice. f litical
L..l:_.:�:...._.. .�.......�.w.i..a�n or nr. .gni n or either if any
subdivisions or any deuanmcnts agencies ant
person signilicfftly involved in initiating, negotiating,
\\rrngc vcrcliill\I,.in.dil P pos.a i\UJa VA1kv(.enter\OVTC.Parks&Rec.doc
11/1t/ZUU3 TUE lb:4[1 FMM .1Z1.1 abs t,umMJx4.AL xt,1A41. 11)v 1. k W.J uuoi vuo
Ms.Lynanne Dellerman
November 18, 2003
Pave S of 5
cecuring, drafting or creating the Agreement on behalf of the
0
state, its political subdivisions nr.any of the departments or
e icie is at any time 111 ; N t e Agreement or any
µ vJ{v�bJ of either {►7� ,any time, /�••� '���•�•�••- �
...�.I�.�....:'�. ..r •�.w �i+.�.w i+��+�+w* .r •t\ �s I 1 A f,t 7 I7 employ..
�/�\/�� �1 P
tzmc�it is in effect. an emplo ee o
agent of any other party to the Agreement in any capacity or a
L .._
to
Contractor to any other party ttl 11lf Agreement with respect
the subject matter of the Agreement, Shouin Tenant exercise
the Option to Cancel, Tenant shall reimburse Landlord
for any unamortized Tenant Improvement, Allowances
and real estate commissions, •
Lynanne please review this proposal and call me should you have any questions or comments,
nthAr.vise if it meets with your approval please sign it 9nd return it to mc via facsimile, and 1 shall
v•..�.•• •v�.f J --r t f r
•
prepare a lease;or everyone's review.
I very much look forward to finalizing this lease agreement and having Oro Valley.Parks
recreation in the Oro Valley Center.
Sincerely,
Linda Monttni
Retail Specialist
APPROVED AND ACCEPTED:
iN
d ot ORD: TENANT;
1�.�J'.N v•
W.J.Chi—i, 11 F Town of Oro Valley
W.J. Choi
Its: _
bate: - Date: —
\\,•. !LIN'10,Ment,ni\1 nacc ProvbsP.IV ro Valley Crnlrr\OV i(:Pork &Rrc.do_
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION MEETING DATE: February 4, 2004
TO: HONORABLE MAYOR & COUNCIL
FROM: Jim Hossley
Operations Division Manager
SUBJECT: Resolution No. (R) 04- 07 , a resolution of the Mayor and Council
of the Town of Oro Valley, Arizona, approving authorization for the
Mayor to accept the bid and award of contract to Southern Arizona
Paving, Inc. for the Town Wide Crack Sealing Project.
BACKGROUND: This project (Project No. OV 30-03/04-02 Town Wide Crack Seal
Project) is to provide crack sealing for all public streets in the
Town of Oro Valley, approximately 295 lane miles. The
contractor will clean cracks and rout cracks as necessary prior
to crack sealing. The contractor will also supply all traffic
control for the project.
In response to the advertisement for bids, the Town received 5
complete bid proposals. The bid proposals were opened by Town
staff at 2:00 P.M. on January 9, 2004.
The following is a summary of the bids received along with the
engineer's estimate:
1. Southern Arizona Paving $ 156,700.00
2. CBJ Contractors, LLC $ 158,125.00
3. Cholla Pavement Maintenance $ 174,503.00
4. Pima Paving, Inc $ 174,684.20
5. D & S Paving $ 216,525.00
Engineer's estimate $ 187,750.00
ATTACHMENTS: 1. Resolution (R) 04 -07
FISCAL IMPACT: The Town's Highway User Funds have been designated for this project
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION Page 2 of 2
RECOMMENDATIONS: Public Works staff recommends the awarding of this contract to Southern
Arizona Paving, Inc. through the adoption of the attached resolution.
SUGGESTED MOTION: The Town Council may wish to consider one of the following motions:
I move to approve Resolution Number (R) 04 -07 .
Or
I move to deny approval of Resolution Number (R) 04 -07.
ift, A, _ „.Affi
(.. in ,..
illiam A. Jansen, P.E., Town Engineer
) / /
1 ,
r
Chuck Sweet, own Manager
RESOLUTION NO. (R) 04- 07
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO
VALLEY, ARIZONA, APPROVING AUTHORIZATION FOR THE MAYOR TO
ACCEPT THE BID AND AWARD OF CONTRACT TO SOUTHERN ARIZONA
PAVING, INC. FOR THE TOWN WIDE CRACK SEALING PROJECT.
WHEREAS, the crack sealing of all Town streets in order to preserve public
infrastructure and provide for the safe, effective movement of vehicular traffic is
necessary for the public health, safety, and welfare; and
WHEREAS, the Town Council deems it necessary, in the interest of providing
for the health, safety, and welfare of the citizens of Oro Valley, to authorize the
Mayor to contract with Southern Arizona Paving, Inc. for the Town Wide Crack
Sealing Project to rout cracks as necessary; clean all cracks; apply elastic
polymer modified asphalt or asphalt rubber sealant to all cracks; and other
incidental work.
THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN
COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA:
That Mayor is authorized to accept the bids and award the contract to
Southern Arizona Paving, Inc. for the Town Wide Crack Sealing Project to
rout cracks as necessary; clean all cracks; apply elastic polymer modified
asphalt or asphalt rubber sealant to all cracks; and other incidental work.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro
Valley, Arizona this 4th day of February, 2004.
TOWN OF ORO VALLEY, ARIZONA
Paul H. Loomis, Mayor
ATTEST: APPROVED AS TO FORM:
Kathryn E. Cuvelier, Town Clerk Mark Langlitz, Town Attorney
Date Date
Er
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION MEETING DATE: February 4, 2004
TO: HONORABLE MAYOR & COUNCIL
FROM: Jerrilyn Billings, Planning Technician and Bayer Vella, AICP, Senior Planner
SUBJECT: RESOLUTION (R) 04- 08 , OV7-03-01, DECLARING PROPOSED REVISIONS TO
THE ORO VALLEY ZONING CODE REVISED PERTAINING TO CHAPTER 3,
PROCEDURES AND CHAPTER 12, SIGNS AS A PUBLIC
RECORD.
SUMMARY:
The Planning & Zoning Commission initiated an amendment to the Town of Oro Valley Zoning Code Revised
(OVZCR) on October 7, 2003 as it relates to signage. Since that time, staff has applied the code and received
feedback and is therefore proposing changes to address shortcomings in the code.
The attached resolution is to make the subject amendments a matter of public record.
£COMMENDATION:
Planning Staff recommends Council approval of this resolution, which will make said amendments a public
record.
SUGGESTED MOTION:
I move to adopt resolution (R) 04- 08 , OV7-03-01, declaring proposed revisions to the Oro Valley Zoning Code
Revised pertaining to Chapter 3, Procedures and Chapter 12, Signs as a public record.
ATTACHMENT: Resolution No. (R)04- 08
Code Changes
Planni 2-411. Zoni : Administrator
Community Development Director
Town Manager
RESOLUTION NO. (R) 04- 08
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO
VALLEY, ARIZONA, DECLARING PROPOSED REVISIONS TO THE
ORO VALLEY ZONING CODE REVISED PERTAINING TO CHAPTER 3,
ARTICLE 3-3, DEVELOPMENT REVIEW AND CHAPTER 12, SIGNS AS A
PUBLIC RECORD.
BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL, that certain document
entitled OV7-03-01, proposed revisions to the Oro Valley Zoning Code revised pertaining to
Chapter 3, Procedures and Chapter 12, Signs as a public record, three copies of which are on file
in the office of the Town Clerk, is hereby declared to be a public record, and said copies are
ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona
this 04 day of February, 2004
TOWN OF ORO VALLEY
Paul H. Loomis,Mayor
ATTEST:
Kathryn E. Cuvelier, Town Clerk
APPROVED AS TO FORM
Mark Langlitz, Town Attorney
Chapter 3 PROCEDURES
ARTICLE 3-3. DEVELOPMENT REVIEW
Sec.3-301 Applicability
The Development Review Board shall review all developments other than R1-144,R1-43,R1-36,and R1-20
Districts which are not subject to overlay.
A. The Development Review Board shall make recommendations to the Council regarding subdivision
plats and the development plans as provided in Chapter 4 of this code.
B. The Development Review Board is authorized to approve, conditionally approve or disapprove all
applications for development review not included in Subsection A above, subject to Town Council
review or appeal. Such applications include architectural design, landscaping plans, use permit
developments, Comprehensive Sign Programs, Sign Criteria, and other matters as provided in this
code if not required as part of subdivision plat or development plan approvals. The Development
Review Board shall base its decision solely on the criteria as set down in Sec. 3-302 except within
the Hillside District where the Board shall also base its decision on the provisions of Sec. 10-107
(Rev.3/86).
C. Prior to the development,earthwork,construction,remodeling,change or alteration of any proposed
or existing project within a zoning district subject to development review,the property owner or his
designated agent shall secure approval of the Development Review Board. Staff shall be permitted
to approve minor/common sense changes of architecture or landscape plans in order to avoid delay by
using the normal development review process. Minor/common sense changes or alterations include
those that:
1. are reasonably similar to the approved plan;
2. are not already completed;
3. benefit the town or the environment;
4. are not controversial;
5. are consistent with similarly situated property;
6. do not affect mass or streetscape;
7. do not affect pre-approved plats;and
8. are approved by the neighborhood association,if necessary.
Sec.3-302 Criteria
In considering any application for development review,the Development Review Board shall be guided by the
following criteria:
A. The Board shall examine the application to insure that all provisions of this ordinance and all other
ordinances,master plans,general plans and standards of the Town of Oro Valley shall be complied
with where applicable.
B. The proposed‘desitui shall not have a detrimental effect upon the general health,welfare,safety and ---=Deleted:development
convenience of persons residing or working in the neighborhood, nor shall it be detrimental or
injurious to the neighborhood.
C. The proposed�esu shall promote a desirable relationship of structures to one another, to open Deleted:development
}
3-31
Chapter 3 PROCEDURES
spaces and topography both on the site and in the surrounding are . _ ---`Deleted:neighborhood
ID. The height,area,setbacks and overall mass as well as parts of any €les 4g (buildings,walls,signs, -- Deleted:structure •
lighting, etc.) and landscaping shall be appropriate to the development, the neighborhood and the
community.
IE. Sims_4ngress, egress, internal traffic circulation, off-street parking facilities, loading and service __ y Deleted:I
areas and pedestrian ways shall be so designed as to promote safety and convenience.
F. The,character of the proposed jlesign shall be in harmony with,and compatible to,those structures --_l Deleted:architectural
and signs in the neighboring environment and the Oesign character adopted for any given area ----
Deleted:structure
avoiding excessive variety or monotonous repetition. Deleted:architectural
G. Mechanical equipment,appurtenances and utilities shall be concealed from view and integral to the
building design.
H. ,All components of a development shall take cognizance of the unique desert, climate and other --l Deleted:The architectural character of
environmental factors of this region and promote an indigenous,built environment. F i
-- --- Deleted:architectural feeling
II. All sites`buildings and structures and parts of any buildings such as walls and fences shall be
designed to be compatible with the surrounding desert and mountains in the background.
J. All exterior materials and colors including roofs, walls and fences shall be predominantly muted
earth and plant tones and shall minimize contrast and glare.
K. In order toprotect the visual serenity of the Town,design of signage should be based on trying to get♦ Formatted:Indent:Left: 0",
the information across with the least signage possible. Hanging: 0.5"
Formatted:Font:(Default)Times
M. Sign designs shall be in compliance with the purpose statements established in Section 12-101. New Roman,10.5 pt
Formatted:Indent:Left: 0",
N. All components of a development shall be in compliance with Article 16,Design Guidelines. 4, N, Hanging: 0.5",Tabs: 0.5",List tab
Formatted: No bullets or
I . Consideration shall be given to the possibility that the development may not be completed. In order numbering,Tabs: 0.5",Left
to assure a minimum degree of destruction of existing vegetation and contours,phased development `; Formatted:Indent:Left: 0",
shall be required. Grading and all site improvements shall not be permitted until the proper Numbered+Level:1+Numbering
Stylassurances have been received and approved by the Town. Align. ...+start a 13+
�', Alignmea ntt::Left+Aligned at: 0.25"
+Tab after: 0.75"+Indent at:
�, 0.75",Tabs: 0.5",Left+ 0.56",List
Sec.3-303 Administration tab+Not at 0.75"
Administrative procedures for review of subdivision plat and development plans shall be as provided in �Deleted:K
Chapter 4 of this code. Procedures for architectural review, signs and other such matters that require
development review shall be according to the provision of this section herein below.
A. Application
1. The Development Review Board shall prescribe the form and content of applications and
necessary accompanying data. The application shall be filed with the Town Clerk.
2. An application for approval shall be accompanied by a fee according to the fee schedule
adopted by the Town Council. Additional fees shall be required if:
3-32
CHAPTER 12—SIGNS
ARTICLE 12-1 SIGNS—GENERAL
SEC. 12-101 Purpose
12-102 Requirements for Conformity
12-103 Non-Conforming and Discontinued Signs
12-104 Liabilities for Insurance and Damages
12-105 Prevailing Code
12-106 Signs Prohibited by Omission
ARTICLE 12-2 PROCEDURES AND ENFORCEMENT
SEC. 12-201 Sign Permits, Fees and Application Procedures
12-202,diaster Sign Program and Sign Criterigt . ---t Formatted:Font color:Auto
12-203 PAD Exemption `, - - r
12-204 Revocation of Permit 1 Deleted:Comprehensive Sign
Program
12-205 Abandoned, Illegal, Prohibited or Inadequately Maintained Signs
12-206 Emergency Removal and/or Repair Formatted:Not Strikethrough
12-207 Variances
ARTICLE 12-3 REQUIREMENTS
SEC. 12-301 Construction
12-302 Illumination
12-303 Colors
12-304 Location and Measurement Standards
12-305 Inspections and Maintenance
12-306 Landscaping
ARTICLE 12-4 DEFINITIONS AND SIGN TYPES
ARTICLE 12-5 PERMANENT SIGNS
SEC. 12-501 Identification Signs
12-502 Permitted Signs in a CommerciaVIndustrial District
A. Awning
B. Changeable Copy Sign
C. Directional Sign
D. Directory Sign
E. Entryway Sign
F. Freestanding Sign
G. Kiosk Identification Signs
H. Menu-Board
I. Monument/Ground sign
J. Service Station/Fuel Sign
Oro Valley Zoning Code Revised 1 2-1 (Rev.06/06/03)
K. Tenant Directory
L. Theater Sign
M. Time and Temperature Sign
N. Under Canopy Sign
O. Wall Sign
P. Window Sign
SEC. 12-503 Permitted Signs in a Residential/Subdivision
A. Entryway Sign
B. Kiosk Sign
ARTICLE 12-6 TEMPORARY SIGNS
SEC. 12-601 Permitted Signs in a CommerciaVlndustrial District
A. Banner
B. Construction Sign
C. Development Sign
D. Flags
E. Real Estate, Lease, Rent and For Sale Signs
F. Seasonal Signs
G. Special Event Signs
SEC. 12-602 Permitted Signs in a Residential/Subdivision District
A. Flags
B. Model Home Banners
C. Model Home Complex, Custom Home Lot Sales Office Signs
D. Model Home Flags
E. On-Site Subdivision Signs
F. Real Estate, Lease, Rent and For Sale Signs
ARTICLE 12-7 TEMPORARY SIGNS ON PUBLIC PROPERTY
SEC. 12-701 Permitted Temporary Signs on Public Property
A. Temporary Sign Zones
B. Annual or 120 Consecutive Day Right-of-Way Permit
C. Special Event Signs on Public Property
ARTICLE 12-8 PUBLIC AND QUASI-PUBLIC SIGNS
SEC. 12-801 Permitted Temporary Signs
ARTICLE 12-9 PROHIBITED SIGNS
SEC. 12-901 Prohibited Permanent and Temporary Signs
A. Balloon
B. Billboards
C. Electronic Message Centers
D. Exposed Neon
E. Flashing Lights
F. Garage Sale Sign
Oro Valley Zoning Code Revised 12-2 (Rev.06/06/03)
G. Human Sign
H. Marquee Sign
I. Moving and/or Animated Sign
J. Obscene Sign
K. Off-Site Advertising On Public Property
L. Off-Site Sign
M. Portable Sign
N. Posters that do not advertise or refer to the business
O. Projecting Sign
P. Roof Sign
Q. Search Lights
R. Signs attached to any physical public property
S. Signs in the Medium
T. Vehicle Signs
U. Any sign greater than 9.0 square feet or taller than 3.0 feet overall
height
Article 12-10 EXEMPTED SIGNS
SEC. 12-10-01 Code Limitations
12-10-02 Exempted Permanent and Temporary Signs
A. Address Identification
B. Government Sign
C. Historical Marker
D. Informational/Service Sign
E. Interior Signage
F. Memorial Sign
G. Repainting and Resurface
H. Residential Sign
I. Temporary Signs on Publicertv
J. Traffic Sign
K. Warning Sign
Oro Valley Zoning Code Revised 12-3 (Rev.06/06/03)
provisions of this code shall not be construed to impose upon the Town of Oro Valley, its
officers or its employees any responsibility or liability by reason of the approval of any
sign under the provisions of this code.
Sec. 12-105 Prevailing Code
In the event a provision established in this Chapter is found to be in conflict with another provision
in the Oro Valley Zoning Code Revised, or any other Town Code,the more restrictive shall
prevail.
If the Town-adopted sign regulations/guidelines for any development, including Planned Area
Developments,do not address specifically any such sign criteria,the provisions of this Chapter
shall apply.
In the event that a Commercial, Industrial, Residential and/or Subdivision should fall under a
Zoning of a Planned Area Development(PAD),the rules and regulations of that PAD shall apply.
The following is a list of Planned Area Developments that may or may not regulate signage:
El Conquistador Villages of La Canada
Church of latter Day Saints La Reserve
Rancho Vistoso Rooney Ranch
Melcor Vista Del Oro
Mastro Catalina Shadows
Monterra Hills Steam pump Ranch
In the event that there does not exist regulations that govem signs on any of the above or future
PAD Code Regulations,then the rules and regulations of this Chapter shall apply.
Sec. 12-106 Signs Prohibited by Omission
In addition to those signs, or sign types,specifically prohibited by Article 12-9 of this Chapter,any
sign,or type of sign, not specifically permitted under provisions of this code shall be prohibited.
ARTICLE 12-2 PROCEDURES AND ENFORCEMENT
The Planning and Zoning Administrator is responsible for enforcing this chapter pursuant to Sec.
1-302(G)and 1-502(J).The Planning and Zoning Administrator is, hereby authorized and
empowered to ensure that all provisions of this chapter are met in fact and intent.The Planning
and Zoning Administrator may appoint a designee to assure code compliance.The procedures to
Deleted:authorize
be followed in exercising this authority are outlined in Sec. 12-203 through 12-205. ,rr
a,Formatted:Font color:Auto
Sec.12-201 Sign Permits, Fees and Application Procedures Deleted:anc
ifif Deleted:of
A sign permit shall be required in order to erect,install, relocate, modify or change any sign within /1/:?
the Town of Oro Valley.
,1,,'4 Formatted:Not Strikethrough
=,j, �
Deleted:. J�
A. Approval of all temporary sign permits shall be at the discretion of the Planning and ;.",f Deleted:Any proposed Sign Criteria
Zoning Administrator or his/her designee. .``;;; or Master Sign
Programs for a new Development are
B. Themplanning and Zoning Administrator or his/her designee shall4sst espermits for ,�' 6 subject to review by the Development
permanent signs,after applications have been reviewed by staff for code compliancevand Review Board and/or Town Counci;.
Once
compliance with,Sign Criteria and/or a Master Sign Program as appropriate,
t Deleted:2 i
C. All electrical work associated with the sign installation must conform to the currently '-I Deleted: has been approved for a
adopted versions of the National Electrical Code and must be reflected on the l new Development,any issuance of
sign permits shall be at the discretion
application. j of the Town as along as the
application meets the approval
set forth for that
Development.
Oro Valley Zoning Code Revised 12-6 (Rev.06/06/03)
D. Permit Fees—Upon approval of an application for the sign permit,the applicant shall be
advised of the applicable fee. Permits will not be issued until all applicable fees have
been collected. Fees shall be assessed according to a schedule adopted by the Town
Council.
Exception:-The owner of a non-conforming sign shall not be required to pay a fee for a
permit to bring an existing sign into conformance with this code.
E. Application Procedures
The following procedure is required to obtain a sign permit.
1. A completed application shall include the following information:
a. The address of the site for the proposed signage;
b. Written consent of the owner, lessee,agent or trustee having charge of
the property on which the sign is proposed, if the applicant is not the
property owner.
c. The applicant's name, name of business, business address and work
telephone number.
2. Two(2)sets of scaled drawings of the proposed sign(s)for each sign larger than
four(4)square feet,showing;
a. All sign dimensions;
b. Materials and colors;
c. Site plan showing the proposed locations of signage along with all the
required setbacks;
d. Building elevations showing all proposed sign locations and overall
height from grade to the top of the sign;
e. The source of illumination, if any;
f. Method of support and/or attachment, including structural computations
for supports for any sign subject to excessive stresses,as determined by
the Building Official.Additionally,a wet seal by a certified engineer may
be required,and
g. The"copy"to be shown on all freestanding structures and temporary
signs.
Additional information as specified by the Plannmr p and Zonis
Administrator.
F. Permit Expiration
1. Every permit issued under this Chapter shall expire by limitation and
become null and void if the work authorized by such permit is not
completed within 180 days from the date of such permit. Prior to
expiration of the permit,the applicant may request an extension of the
expiration date at the discretion of the Planning and Zoning Administrator
and/or his/her appointee. Once the permit has expired, before such work
can recommence,a new permit shall first be obtained and the fee
Oro Valley Zoning Code Revised 12-7 (Rev.06/06/03)
therefore shall be 50%of the amount required for a new permit for such
work, provided no changes have been,or will be, made in the original
plans and specifications.
2. Any sign,for which renewal fees have not been paid, and said
remittance is delinquent for fourteen(14)days or more is deemed to be
an illegal sign, and said sign must be removed in accordance with the
requirements of this Chapter.
Deleted:A._Signs for businesses
I Sec. 12-202Sign Criteria and Master Sign Programs located within Commercial and/or
Industrial Districts,complexes or
,Sign Criteria and Master Sign Programs are official documents that regulate all signage within a 1 buildings designed for multiple
development. An approved Sign Criteria and/or Master Sign Program is required prior to occupancy shall be coordinated so
issuance of a sign permit for. (1)non-residential multiple-occupancy buildings;or(2)commercial, that a consistent design theme is
established and maintained.No sign
office, resorts,and/or industrial centers,
permit shall be issued to any one
Any development,including single-occupancy developments,within and/or adjacent to an existing µ'', business until a coordinated sign
development,that shares access and/or parking with that development must (1)follow the ,, program has been submitted and
approved Sign Criteria and/or Master Sign Program for the existing development;or(2)submit a ';,,,`'. ,,,approved.¶
separate Sign Criteria or Master Sign Criteria. If the owner elects to follow the criteria or program \',2(Formatted:Not Strikethrough
of the existing center,no additional approvals are required prior to issuance of a sign permit. �',,' Deleted:¶
'r
Sign Criteria ,Formatted:Not Strikethrough
'! Deleted:B._In accordance with the
Sign Criteria shall be written in compliance with the provisions of this Chapter as well as, I provisions herein,signs maybe
Chapter 3, Section 3-302,,,Review Criteria and Chapter 16, Design Guidelines. For areas , allowed in a Commercial and
Cha
P �� p � i � Industrial District as part of a
within a PAD(Planned Area Development), Sign Criteria shall be written in complianceComprehensive Sign Program,
with the provisions of that PAD. Si•n Criteria re•uire the a••royal of the Development notwithstanding that such signs do
Review Board.
not conform to all specific regulations
applicable to signs allowed pursuant
'4= to this Chapter.¶
B. Master Sign Program ,, ¶
f 1._A Comprehensive Sign Program
A Master Sign Program is an alternative to the sign regulations herein,which provides i , is an alternative to the general sign
latitude in order to achieve varietyand good design. regulations intended to provide
g latitude in order to achieve variety
and good design.¶
1. Master Sign Programs shall be based on the provisions of this Chapter and shall ., �, t; --11
conform to the purpose and intent of this Chapter and to the guidelines in i � ;, 2._A Comprehensive Sign Program I
t ,J,
Chapter 3 and Chapter 16. ;(��',, � shall be in substantial compliance
, ;,�,,,'with the general intent of these
2. Master Sign Programs shall include only those sign types already permitted ;�;l,, regulations.¶
herein and may allow adjustments to the standards of those sign types provided 1%,:';,,,,",,11 ¶ .,
they are justifiable. \ �<<,1 Formatted:Not Strikethrough
,
3. Master Sign Programs require review by the Development Review Board and ',:,,I,;✓Formatted:Not Strikethrough
i ,1i
approval by the Town Council. �, �, Formatted:Font color:Auto
,4 Formatted:Not Strikethrough
4, Compliance with these provisions does not necessarily guarantee approval by ,,•
o Formatted:Font color:Auto
the Town Council. ;
tDeleted:
C. Review of Sign Criteria and/or a Master Sign Pro ram hall be guided bythe following:g: Formatted:Indent:Left: 0.5"
'\ '� Deleted:ecommendations of the
1. Overall presentation of the entire development, including landscaping, Planning and Zoning Administrator
architecture,topography, use and design. regarding r
2. , mpliance with the criteria specified in Section 3-302 and Section 16-103D and Program
the purpose statements of this Chapter. -_ Deleted:a Comprehensive Sign
Deleted:Area of signs,colors,
height and overall use of proposed
I 3. Anypther applicable information that may be useful in the overall presentation of signag
the proposed criteria for the development. `
Deleted:e
,i Formatted:Not Strikethrough
Oro Valley Zoning Code Revised 12-8 (Rev.06/06/03)
D. Application for the Sign Criteria and/or Master Sign Program shall be submitted,with the Y____---1 Deleted:Comprehensive Sign
required fee(s),as prescribed by the, Tanning and Zoning Administrator, ' 1,Program
v;, (Formatted:Not Strikethrough
Sec.12-203 PAD Exemption is, ` L Deleted:Town
sf Deleted:,with the required fee(s)
In the event that a Planned Area Development District(PAD)has established its own sign i Deleted:1._A site plan to scale
Requirements,the owner/residents of lands within identified planning areas of the PAD,as delineating the site proposed to be
determined by the Planning and Zoning Administrator, may elect to operate under all or a portion , , included within the Comprehensive
of Chapter 12, Sign Requirements, in accordance with the following procedures set forth below: t Sign Program.¶
11
2._Drawings and/or sketches to
A. A letter requesting exemption from the specific PAD Sign Regulations must be submitted scale,indicating the exterior surface
by the property owner within the planning area of the PAD.The letter shall be j design details(elevations)of the
accompanied by a list of all Homeowners/Master Associations within the subject planning ; buildings upon the site.¶
�¶
area. Upon review bythe Administrator,the request shall be scheduled for public hearing 3._Drawings to scale,indicating the
before the Development Review board for their recommendation. size, materials,method and intensity
} of illumination,height and location of
proposed to be included in
B. Not less than thirty(30)days prior to the Development Review Board hearing,Town staff all'1 I the signscrite
shall verify the list of Associations for accuracy and completeness and shall, by first class ¶
mail, notify them of the Development Review Board hearing date. 4._Color palette,including color
samples or color chips for all
C. The Development Review Board shall consider thea licants request for exemption from proposed colors to be utilized for all
PPP signs and buildings.¶
the PAD Sign Regulations and shall forward their recommendation to Town Council, ¶
which,shall render a final decision.A favorable motion shall have the effect of applying
_5._The applicant shall provide the
all or portion of the rules and regulations set forth in this Chapter 12, Sign Regulations, t following findings in regards to the
to the applicant's particular project area.The Town Council shall approve,conditionally j design of the _signs to be maintained
approve or den the request upon the site:¶
Y q ¶
a._Architectural Style:The signs
Sec.12-204 Revocation of Permit ( are designed with the intent and
purpose _to relate the signs to the
architectural style of the buildings
The Planning and Zoning Administrator may, in writing,suspend or revoke a permit issued under upon the site.¶
provisions of this section whenever the permit is issued on the basis of a material omission or ¶
misstatement of fact,or is in violation of this ordinance or the Oro Valley Town Code. _b._Relationship to Other Signs:
Each sign is related to all other signs
_maintained on the site by the
incorporation of similar or identical
elements,such as materials,sign
Sec.12-205 Abandoned, Illegal, Prohibited or Inadequately Maintained Signs copy,letter style,color,illumination,
_method of attachment and overall
presentation of sign.¶
If an abandoned, illegal, prohibited,or inadequately maintained sign is located within the Town, ¶
the Planning and Zoning Administrator shall be empowered to authorize the Senior Zoning E._The Planning and Zoning
Inspector to issue a citation.The Planning and Zoning Administrator may also require removal or Administrator or his/her designee,
repair of the sign and shall advise the owner of said sign,or as an alternative,the owner of the may recommend appropriate and
1reasonable conditioe to any approval
property where said sign has been posted,to correct whatever violation or inadequacy he/she of the Comprehensive Sign
Program_
deems to exist.All actual costs and expenses of any such removal or repair shall be borne by the They include,but are not limited toll
property owner of such sign. I ¶
1._Alteration of sign configurations.¶
ti!
Sec. 12-206 Emergency Removals and/or Repair
2._Reduction of the number of signs
i proposed.¶
A. The Planning and Zoning Administrator is authorized to cause the immediate removal orI ¶
repair of any sign or signs found to be unsafe or defective to the extent that it creates an 3._Reduction of sign areas and
immediate and emergency hazard topersons orproperty.The Planningand Zoningheight.¶
g y ¶
Administrator shall make reasonable effort to notify the property owner and/or lessee that ` 4._Color modifications.¶
the unsafe or defective sign must be removed or repaired immediately.The Planning and ¶
Zoning Administrator may cause any sign or advertising structure which is an immediate F._Upon recommendation of
conditions by the Planning and
peril to persons or property to be removed summarily after attempt to reach the owner of ' Zoning Administrator and/or his/her
the sign and the owner of the property,and without notice if the peril does not allow time : designee,the request will be pm
for telephone notice. , Formatted:Not Strikethrough
I Formatted:Not Strikethrough
Oro Valley Zoning Code Revised 12-9 (Rev.06/06/03)
4. An illuminated wall sign shall be turned off no later than one(1)hour after the
closing of a business.
5. LED lighting may be a component of a sign as specifically called out under this
Chapter.
B. Prohibited Lighting
The following types of light sources are prohibited as means to illuminate or attract
attention to any sign:
1. Exposed neon and/or neon type tubing except for"open"and/or"closed"
signs.
2. Internal lighting other than that expressly permitted in Sec. 12-302 A.
3. Blinking,flashing, rotating and animated light sources.
4. Search lights.
5. An illuminated sign placed on the interior of a business,which is visible
from the outside,cannot be illuminated when the business is closed.
Sec. 12-303 Colors
A. Various sign colors shall be permitted, except fluorescent or iridescent colors.
B. All developments,including those within a Planned Area Development(PAD)that have
n approved Sign Criteria and/or Master Sign Prograrr-r shall be required to utilize only --f Deleted:established
those colors that were approved bythe DRB and/or the Town Council.
pP '`. Formatted:Not Strikethrough
i t l
•
7, Deleted: approved by the
Development Review Board
Sec. 12-304 Location and Measurement Standards
Formatted:Not Strikethrough
A. The following shall apply for the location standards of a sign: Deleted:¶
C._Consistency of type face,
j is if
1. No sign shall be installed so as to obstruct any door,window or fire escape of illumination
established a andigncolor criteria preferredhave been
any building. approved,then all requirements of
that criteria must be utilized.¶
2. No sign shall be erected in such a way as:a)to interfere with or to confuse i, ¶
traffic,b)to present any traffic hazard,c)to obstruct the vision of motorists. Formatted:Not Strikethrough
3. No sign shall be erected in a manner which projects over any public sidewalks,
street,alley or public place unless otherwise approved by the Town Engineer
and/or Planning and Zoning Administrator or is allowed by any portion of this
Chapter.
4. No person shall place or maintain a sign in public right-of-way,except as
permitted by Sections 12-104, Non-Conforming and Discontinued Signs, 12-602
(E), Real Estate Lease, Rent and For Sale Signs and 12-701,Temporary Signs
on Public Property.The Planning and Zoning Administrator may cause the
removal of any unauthorized signs from public right-of-way.
5. No sign shall be installed so as to interfere with the essential identity of another
sign.
B. The sign area shall be measured in compliance with the following guidelines:
Oro Valley Zoning Code Revised 12-11 (Rev.06/06/03)
B. Changeable Copy Sign:
1. Description: A sign or portion thereof with characters, letters or illustrations that
can be changed or re-arranged without altering the face or surface of the sign.
Changeable copy signs are limited to and/or restricted to Theater, Service
Station/Fuel Signs, Schools and Churches.Such signs shall be integrated into
freestanding and/or wall mounted type signs and may be illuminated.
Changeable copy may not be changed electronically, except for those specifically
called out under this ordinance.
2. Quantity: One(1)allowed as part of a freestanding or wall sign.
3. Area of Sign:To be included as a component of a freestanding or wall sign.
C. Directional Sign:
1. Description:A permanent freestanding,on-site sign that is placed solely to define
location and streamline the flow of vehicular and/or pedestrian traffic so as to
minimize congestion and promote safety.A directional sign can only display one
of the following: "exit","enter", "name of the business and/or logo",address
and/or suite#",along with an arrow directing traffic.
2. Quantity: One(1)single or double faced directional sign per individual,
freestanding, business that is not part of a Master Sign Program. Businesses that _ Deleted:Comprehensive
have drive-thru lanes shall be allowed one(1)additional directional sign.
3. Area of Sign: Six(6)square feet.
4. Height: Not to exceed three(3)feet.
5. Location: To be located at an access point to the property and/or interior to the
property of the business.
6. Setback:A zero(0)foot setback from property line unless otherwise required.
7. Illumination: Internal illumination allowed provided that the sign is turned off one
(1)hour after the business has closed.
D. Directory Sign:
1. Description:An on-site,freestanding sign, interior to a Development,that lists
only names and locations of the businesses or activities within a building or multi-
tenant complex.A directory sign shall help to direct vehicular and/or pedestrian
traffic.
2. Quantity: Shall be determined and reviewed by the Town.Applicant shall follow
theuidelines set forth under a haste Sin Program. S2 202
9 Sign 9 _ec_1 - )_
Deleted:Comprehensive
3. Area of Sign: Not to exceed forty(40)square feet. Each business displayed on
the sign shall not exceed two(2)square feet.
4. Height: Not to exceed eight(8)feet from grade.
5. Location: Interior to the property or development,such as the parking area.
6. Setback: Minimum forty(40)feet from the property line.
Oro Valley Zoning Code Revised 12-19 (Rev.06/06/03)
2. Quantity: Shall be determined and reviewed by the Town.Applicant shall follow
theguidelines set forth under a ste
R_ Sign Program. (Sec. 12-202) _- Deleted:Comprehensive
3. Area of Sign:The sign shall consist of a four(4)square foot panel for the name
of the complex. Each business or resident within the complex shall be allowed a
maximum two(2)square foot panel.
4. Height: Should be at eye level for pedestrian traffic and shall not exceed the roof-
line of a building.
5. Location: Mounted to a wall at entrance points to the complex, pedestrian
walkways and the like.
6. Illumination: Sign shall be non-illuminated.
L. Theater Sign:
1. Description:A freestanding or wall sign with changeable copy panels, used to
display the current movies and times that are playing within the theater.
2. Quantity: One(1)wall sign and(1)freestanding sign allowed.
3. Area of Sign: Fifty(50)square feet for a freestanding sign. Sixty-four(64)square
feet for a wall sign.
4. Height: Eight(8)feet for a freestanding sign.A wall sign shall not extend above
the roofline of a building.
5. Location:A freestanding sign shall be located on private property and a wall sign
shall be displayed at the main entrance to the building.
6. Setback:A zero(0)foot setback from property line unless otherwise required.
7. Illumination:The sign may be internally illuminated or the copy may be
electronically illuminated by means of an LED. The sign may only display the
current listing of movies and their times. No other advertising message is
allowed.Any constant movement, blinking,flashing or animation is strictly
prohibited. The sign shall be turned off one(1)hour after closing of theater.
M. Time and Temperature Sign:
1. Description:An electronically controlled sign providing the current time and
temperature.
2. Quantity: One(1)per premise.
3. Area of Sign:A time and temperature sign may be a component of a freestanding
sign.Wall signs shall not exceed twenty(20)square feet.
4. Height: Not to exceed the roofline of a building.
5. Location: Shall not be located within six hundred (600)feet of another time and
temperature sign, not including an analog mounted on a wall.
6. Illumination: May be electronically controlled by means of an LED.
N. Under Canopy Sign:
Oro Valley Zoning Code Revised 12-23 (Rev.06/06/03)
1. Description:A wall mounted or hanging sign which identifies the name of the
business and/or logo. Under canopy signs shall be consistent in color and
materials within a sign criteria approved by the Town of Oro Valley.An under
canopy sign is to be located entirely under a covered porch,walkway,extended
roof or the like and is solely used for pedestrian traffic only.
2. Quantity:One(1)per tenant space.
3. Area of Sign: Four(4)square feet.
4. Height:A minimum clearance of seven(7)feet shall be maintained beneath the
sign and shall not extend above a roofline of the building.
5. Location: The sign shall be in front of the tenant space that it is identifying and
shall be suspended from a roof overhang, above a walkway or porch or may be
perpendicular to the street and attached to the fascia of the building_
6. Illumination: Shall be non-illuminated.
O. Wall Sign:
1. Description: Any sign which is fastened, attached,connected or supported in
whole or in part by a building or structure other than a sign structure which is
supported wholly by the ground with the exposed face of the sign in a plane
parallel to the plane of the wall.A wall sign may consist of individual character
letters(pan channel or reverse channel). Individual logos may consist of cabinets
with a translucenta face.Wall signs sha i include the name of the business
typ � , Deleted:may
and may ircl;detrademarked logos_and modifiers or any additional wording, if
needed to further clarify the goods or services available on the premise. Deleted:a
2. Quantity: No more than two(2)elevations may contain a wall sign.
3. Area of Sign: For building elevations containing wall signs,a sign may be twenty-
four(24)square feet by right,with no single wall sign containing more than one
(1)square foot of sign for each linear foot of building frontage,not to exceed a
maximum sign area of 150 square feet.Wall signs for building elevations further
than 300 feet from the street, may contain no more than 1.5 square feet of sign
area for each linear foot of frontage, not to exceed a maximum sign area of 200
square feet.Where businesses do not possess individual frontages,each may
maintain an individual sign; however,the maximum wall sign square footage
shall not be exceeded.
4. Height: No wall sign shall extend above the roofline of a building.
5. Location: Shall only be placed on the building elevations or at the main entrance
of a business,which the sign identifies,and may not project more than eight(8)
inches from the wall on which the sign is mounted.
6. Illumination: May be non-illuminated, halo illuminated(white neon or amber LED)
or internally illuminated for cabinet type signs.The sign shall be turned off one
(1)hour after the closing of the business.
P. Window Signs:
1. Description:Any form of advertisement and/or identification associated with the
business that is affixed to the interior or exterior of a window,or one that is
placed immediately behind a window so as to inform or attract attention to the
Oro Valley Zoning Code Revised 12-24 (Rev.06/06/03)
2. Quantity: One(1)freestanding sign per street frontage and/or one(1)wall sign.
One(1)business is allowed to have a maximum()flour(4)1permits,per calendar _--- Formatted:Font color:Auto
year,with each permit not exceeding thirty(30)days. r
Deleted:three(3)
•.
3. Area of Sign: Maximum sixteen(16)square feet for a freestanding style sign. I Formatted:Font color:Auto,Not
Strikethrough
Maximum twenty-four(24)square feet for a wall sign.
t Formatted:Font color:Auto
4. Height: Not to exceed five(5)feet from grade for a freestanding sign.Wall signs
shall not exceed the roofline of a building.
5. Location: On private property and located where the event is taking place and/or
the merchandise is being sold.
6. Setback:A zero(0)foot setback from property line unless otherwise required.
7. Removal: Shall not exceed the event advertised by more than three(3)weeks,
and all signs shall be removed within forty-eight(48)hours after the event.
8. Additional Permitted Signage: One(1)temporary banner may be allowed in
addition to the above signage on the day of the event only.
a. Maximum allowable size for a banner shall not exceed sixty-four(64)
square feet.
Sec. 12-602 Permitted Signs in a Residential/Subdivision District
The following temporary sign shall be allowed within a residential and/or subdivision district.
A. Flags: Refer to Article 12-6, Sec. 12-601 (D)
B. Model Home Banners:
1. Description: Banners for a Model Home Complex shall be utilized for the sole
purpose of a special sales event.
2. Quantity: One(1)banner per model home complex.The banner may be wall
mounted or freestanding and shall be good for sixteen(16)days per calendar
year.
3. Area of Banner: Maximum thirty-two(32)square feet.
4. Height:A banner attached to the model home complex shall not extend above
the roofline.A freestanding banner shall not exceed five(5)feet from grade.
5. Location: Shall be on private property where the model home complex is located.
6. Setback:A zero(0)foot setback from property line for a freestanding style
banner unless otherwise specified.
7. Removal: Placement or erection of the banner shall not precede the event
advertised by more than one(1)day and all signs must be removed within one
(1)day after the event.
C. Model Home Complex, Custom Home Lot Sales Office Signs:
Oro Valley Zoning Code Revised 12-29 (Rev.06/06/03)
ARTICLE 12-9 PROHIBITED SIGNS
Sec. 12-901 Prohibited Permanent and Temporary Signs
The following permanent and temporary signs shall not be allowed on any property or public right-
of-way and shall be deemed prohibited unless otherwise specified within this Chapter.
A. Balloon Signs
B. Billboards
C. Electronic Message Centers
D. Exposed Neon Sign
E. Flashing Lights
F. Garage Sale Signs
G. Human Signs
H. Marquee Signs
I. Moving/Animated Signs
J. Obscene Sign
K Off-Site Advertising on Public Property
L. Off-Site Sign
M. Portable Signs
N. Posters that do not advertise or refer to the business.
O. Projecting Sign
P. Roof Sign
Q. Search Lights
R. Signs Attached to any Physical Public Property
S. Signs in the Median
T. Vehicle Signs
U. Any sign greater than 9.0 square feet or taller than 3.0 feet overall height
ARTICLE 12-10 EXEMPTED SIGNS
Sec.12-10-01 Code Limitations
1. Nothing contained herein shall prevent the erection,construction and maintenance of the
following:
A. Official traffic,street identification or roadway improvement signs.
B. Fire or police signs,signals or devices to alert the public of safety hazards.
C. Markings of the State of Arizona and/or Town of Oro Valley or other competent
public authority.
D. Official notices as required by law.
Sec.12-10-02 Exempted Permanent and Temporary Signs
Y The following signs shall be exempt from the application and permit regulations of this - Deleted:2
ordinance, although an electrical or building permit may be required:
A. Address Identification Signs: Signs which display numerals,street names,drives,
circles,or the like,which give direction to residents,buildings,complexes,
apartments,commercial sites,tenants spaces or the like.
B. Governmental Signs: Identification for public agencies such as traffic,public
transit, public information and the like.
Oro Valley Zoning Code Revised 12-36 (Rev.06/06/03)
C. Historical Marker:A sign locating and identifying a historical interest or site.
D. InformationaVService Sign: Signs which may include official notices of court or
public office and legal notices posted for Town meetings, as well as,signs
located on pumps at a service station.
E. Interior Signs: Signs which are displayed within a concealed area, such as a
tenant space or building and cannot be seen exterior to the public.
F. Memorial Sign:A sign,table or plaque memorializing a person, event or site.
C. Non-Commercial Signs on Private Property: Signs that are not related tc1 Formatted:Bullets and Numbering i
business or commerce and that are no more than nine(9)square feet in area
and no more than three(3)feet in height.
Repainting/Resurfacing of Signs: Maintenance of signage,such as repainting or Formatted:Bullets and Numbering
resurfacing shall not require any permits as long as the sign is in no way altered,
changed, or modified from its previous state.
Residential Signs: Name and address of occupants. Formatted:Bullets and Numbering
J. Tem•ora Sins on Public Prosert : Per section 12-701A Tem•orar S;n 4 {Formatted:Bullets and Numbering
Zones and Sec.12-901U.
Formatted:Indent:Left: 0.5", 1
Traffic Sign:A sign used solely to define and streamline the flow of vehicular or *--_ t Hanging: 0.5"
pedestrian traffic so as to minimize congestion and promote safety. Formatted:Bullets and Numbering
Warning Signs:Warning and instructional signs such as"No Trespassing"shall - Formatted:Bullets and Numbering
be exempt from permits. Said signs shall not be installed on utility poles or the
like.
Oro Valley Zoning Code Revised 12-37 (Rev.06/06/03)
1
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION MEETING DATE: February 4, 2004
TO: HONORABLE MAYOR & TOWN COUNCIL
FROM: Alan Forrest, Water Utility Director
SUBJ: Appointment to the Water Utility Commission
SUMMARY:
Currently there are two terms on the Water Utility Commission (WUC) that expired June
30, 2003. Both Mr. Mike Caporaso and Mr. Gregg Forszt have submitted letters
expressing interest in re-appointment to the WUC. Based on their experience and
interest, I recommend both for consideration for re-appointment to the WUC.
Further, the WUC has one vacancy with a term ending June 30, 2004 and another
vacancy with a term ending June 30, 2005. Using established procedures as outlined in
the Town Council Policies and Procedures, an Interview Panel was formed consisting of
Vice Mayor Werner Wolff, WUC Chair Mike Caporaso, and Water Utility Director Alan
Forrest in order to fill the immediate vacancies. The Interview Panel conducted
interviews of four (4) individuals who expressed interest in serving on the WUC.
As a result of those interviews, Mr. Ray Montoya and Mr. Steve Rivera are
recommended for consideration for appointment to the WUC.
The following recommended appointees are as follows:
Mr. Mike Caporaso (re-appointment) — June 30, 2006
Mr. Gregg Forszt (re-appointment) — June 30, 2006
Mr. Ray Montoya (filling the remainder of Ms. Stec's term) — June 30, 2005
Mr. Steve Rivera (filling the remainder of Ms. Gillaspie's term) — June 30, 2004
ATTACHMENTS:
Volunteer Appointment Applications and/or Request for Re-Appointment letters
SUGGESTED MOTION:
I move to re-appoint Mr. Gregg Forszt and Mr. Mike Caporaso for new terms expiring
June 30, 2006, and appoint Mr. Steve Rivera to fill Ms. Gillaspie's term which expires
June 30, 2004 and appoint Mr. Ray Montoya to fill Ms. Stec's term which expires June
30, 2005.
AI9, Forrest, W. 7=,r Utility Director
Chuck Sweet, own Manager
June 18, 2003
Mr. Alan Forrest, P.E.
Water Utility Director
11000 N. La Canada Drive
Oro Valley, AZ 85737
RE: Request for Reappointment to the Oro Valley Water Utility Commission
Dear Alan,
This letter is a request for consideration of reappointment to the Oro Valley Water Utility
q
Commission (OVWUC). It is my understanding that my current term expires at the end
of June 2003. It is also my understanding that the Town of Oro Valley has reached a
determination that I am eligible to serve one additional three-year term on the OVWUC.
I am interested in continuing in my current capacity as the Chairperson for the OVWUC.
My past involvement on the commission has been rewarding and I hope to participate in
the future activities.
Please advise me of any additional information that you need to process this request.
I will look forward to your response.
Res: -c.tfully,
r
ichael aporaso
S
S
' � � -1� 10-92295029 FROM-SMC i T-067 �.41141 F-44c1
MAY 01 03 08. .5
t
May 1, 2003
Mr. Alan Forrest, P.E.
Water Utility Director
Oro Valley Water Utility
11000 N. La Canada Drive
Oro Valley, , Z 85737
Dear Alan:
As mentioned at our last Water Utility Commission meeting, my term on the Water
Utility Commission expires on June 30, 2003. 1 would be interested for consideration ism-
re-appointment
smrre-ap ointment to this Commission by Mayor and Council.
Thanks for your assistance with this matter.
Sincerely,
3 U
Gregg A. Forszt
10946 N Black Canyon Court
Oro Valley. AZ 85737
S
S
ORO VALLEY WATER UTILITY COMMISSION APPLICATION
Prospective Oro Valley Water Commission Members:
your interest in the water planning and service activities of the-Valley Water
Thank you for p g
The volunteers who area appointed to
Utility Commission. PP the Commission will be joining a
group of citizens dedicatedassuring a permanent to supply of the best quality water available
generations.present
and future The Commission and its subcommittees will meet once or
dealingwith the basic fundamental issues including those in•the checklist below.
twice a month .
Please complete this application and return to the Town Clerk's Office, 11000 N. La Canada
Drive, Oro Valley, Arizona,.85737-701.5.
Name ar.-rcvYA Paul_
Last First Middle
v A 6"14%f ,Ss D n'va. °rt o `ta<<°"‘r, A-� �� 3
Home Address S w 6 FF �� '
Business Address & t . tnt --N+.otom. C2-0 So I-re, 44'0) -s�'t�-o,�•! , "e- es -b 5-
,*
,* Home Phone Ti
-- 6iS t o Business Phone 2A 3 0!,‘,`1 FAX Z'4 3 ~ 9
Number of Years in Oro Valley 49' 6-
"""1"--6?"0"14f tean t fe> ZiPc.3
Signature Date
Please check the
Water UtilityCommission activities in which you would be most interested
and a short statement of why below the checklist.
sem'
Water Utility Commission ' ' ' `�s4•�,� �
Capital Improvement Program
Budget Review and Recommendations
Revenue Requirements and Rate Adjustments
System Development
Water Resource Development
Information and Education
State & Federal Legislation.,
Regional Water Issues
Ga-- -,r,) c .. W. t-t�w
t.00k,x•16 Fa+¢-. °Pro v44 LIN S C3S4am r-+e. Lo c-As..1..oe to.&vot v To
H seR-v te P '( +M u.•t,-rt. L7 Va.DJ 6 "Th4 C. P A'S T P- -w Vi-Aie-S 1� �
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,n►.4D %.A/141-4 11) coP4T1M06 MIS e,4 D VALt-gste.
wcodmod.app/6.96
ORO VALLEY WATER UTILITY COMMISSION SIGN APPLICATION 2
• social, educational, cultural or athletic
Please list other community, civic, professional,
with, length of time, any office held, and any
organizations you have been affiliated g
g
achievement in those organizations you feel are noteworthy.
-�-1+meq S -, P�s���
M rr�-4 �c+ --c o f C%1 t tr EI L 6 i,4‘,3)-e.12.5
n16 e,e4.1.4.4 .60.L v Se--+g."v c.e,
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b 1
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sy,a D o "f b E-IcP c.7 I lei0-12.6 LTC I s -T-14‘.11 P EZ-4>
cpp
v t a.0‘.4 r-+io-++.t't"c CIA ithe.L 1D 5 d)V.
A v R-�ss --- o C
C.) �5 N �
you consider your highest responsibility,
what do skill or achievement; professionally and/or
personally, and why?
c.VIA c-f.64-e44/447..,y/3-Er-lics so "T'D H
a•-to AD Y•d.++iC�i o01.2-- E'rL.aC't'1 Gam,.
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10 T' S cc SS 'T-t> c 14 a es,E
wcodmod.app/6.96
ORO VALLEY WA'T'ER UTILITY COMMISSION APPLICATION 3
EMPLOYMENT
Please list previous employment. List your last or present employment first:
Dates of Employment Company Name & Address
1 7-c,01 . e_r1 ••is s Ems. 13 .o
2. L, ' ' - Sv t_ Z.o o tz-$ nt S v V-r� 4 S 8�L 0‘.".0,
3. t- - apt-- c S v,.J Lfe,rt.S c n. Sc.(r-,4 t c_e S
4. .
5.
•
List Position & Job Description in numbered order as listed above. •
/3-emic_s .4 5
a� 1(023 w. ke1>t ZE6,o ,
E.?14 t : Pis e, s "-'rnft.c 4.4
ES) 40.==1 ,
1 �
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A.)al C-L.-Ad #471- TEE&L,1 C>I et. f
s) Lb dos-- p. 2-4,312,4 s� �-�- t� PNti�,.t� $5.-Ds3
D sty-�..4 •eS
-rtv 1-+.,.1 LL s •
Lc)..r-AA. t.A.(4 -t t, ,p.
wcodmod.app/6.96
4.
ORO VALLEY WATER UTILITY COMMISSION APPLICATION
4
EDUCATION
Briefly describe your educational background:
Institution/School .
Degree Received
NI ew t-+ a'Zc 1 c.a s t)r4 l%/ -itiS rrtir B
Las CfAt. c s., l',1,.-4 1,)AA- F..-1i
A'`t ct ci.B
Area of Study in numbered order as listed above:
1340-c44 EA-0 0 off- —c_r c e., Gt w E c... e_ S'4,e ,..ei
Other fields of study, professional institutes, training pgram,ro etc.:
'z-o Fess L.,/ Ci,,e1 L- .44- #,Lt#.•L__, a— 1 Atl-t 0-p..1A►--
t-t c-E--ts o - 3 S4-1.3
IF DESIRED, FURTHER INFORMATION MAY 13.E ATTACHED
wcndmod.app/6.96
•
Ray Montoya, P.E.
Civil Engineer
Education
B.S., Civil Engineering,New Mexico State University,Las Cruces,New Mexico, 1998
Registration
Professional Civil Engineer, Arizona(Registration#38413)
Professional Summary
Mr. Montoya is experienced in water resources projects in both California and Arizona.
He has prepared water and sanitary sewer improvement plans,water and sewer hydraulic
computer models, master water and sewer studies and water reuse system plans. His
experience includes a wide range of projects in the water/wastewater field including
pipelines, pump stations, pressure reducing stations, and the completion of preliminary
and detailed design reports.
Professional Experience
■ Santa Fe Valley Water Reclamation Plant, San Diego, CA: Responsible for the
construction management of 0.50 MGD reclaimed water facility. Responsibilities
included review and approval of all facility equipment submittals and response to
RFIs during the construction phase of this facility. This project included constant
coordination between various equipment manufacturers, on-site construction
personnel, and associated sub-consultants, as well as providing technical assistance
as required.
• County of San Diego, Facility Plan Studies, San Diego, CA: Analysis of entire sewer
facilities for Spring Valley, Lakeside, and Alpine Sanitation Districts including
hydraulic computer modeling, utilizing CAD hydraulic software of gravity trunks,
force mains, and sewer pump stations. This project included the completion of
various technical reports detailing status of sewer systems for existing and future
staged conditions, and recommended realignments and improvements.
• Sycamore Estates Sanitary Sewer Study, San Diego, CA: Design Engineer for the
analysis and revision of the on-site sanitary sewer system for proposed 2,132 acre
residential development. Analysis included computer modeling of proposed system
utilizing SewerCAD hydraulic software, and development of preliminary and final
design reports. Project included analysis of both gravity and force main off-site
conveyance requiring coordination with City of San Diego and City of Poway.
• Riviera Del Sol Sanitary Sewer Study, San Diego, CA: Design Engineer for the
analysis and revision of both on-site and off-site sanitary sewer systems for proposed
103.6-acre residential development. Task included the modeling and analysis of the
proposed sewer system utilizing SewerCAD hydraulic modeling software, as well as
providing recommendations to the City of San Diego for improvements to existing
off-site sewer.
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Ray Montoya
Page 2
Water System Engineering / Water Treatment
■ City of Carlsbad, Transmission Main and Flow Control Station, Carlsbad, CA:
Project Engineer for design of over 2,000 feet of 24-inch transmission main with
associated flow control station. This project included remote system control and
detailed traffic control and coordination along a high-use existing roadway.
• City of Douglas, Potable Water System Improvements, Douglas, AZ: Design
Engineer for over 19,000 feet of potable water line replacement for the City of
Douglas, Arizona. Project included the preparation and review of contract drawings
and specifications, and completion of construction cost estimates. This project
required coordination with US Army Corps of Engineers, City of Douglas, Arizona
Department of Environmental Quality, and Cochise County Transportation
Department.
• Cave Creek Water Company, Cave Creek Water Treatment Plant Upgrade, Cave
Creek, AZ: Design Engineer for a 1.0 MG upgrade and expansion to Cave Creek
Water Company's existing water treatment facility. This project included the
production of Preliminary and Final Design Reports, design construction drawings,
coordination of permits through Environmental Services of Maricopa County, and
associated construction phase services.
• City of Mayer, Mayer Waterline Replacements, Mayer, AZ: Design Engineer for the
potable waterline replacements throughout Mayer Water District's community service
area. Project used Community Development Block Grant funds, and was Arizona's
first "AzStep" self-help water improvement program. Responsibilities included
providing design drawings and specifications as well as construction phase services.
• City of Avondale, Durango Pressure Reducing Stations, Avondale, AZ: Design
Engineer for the sizing and design of three pressure reducing stations in the City of
Avondale, Arizona. Responsibilities included coordinating with the city's water
services department staff to identify design flows, concerns, and desired features
related to the installation of pressure reducing stations to service new residential
developments throughout the surrounding community.
■ City of Avondale, 115th Avenue Water Main Improvements, Avondale, AZ: Design
Engineer for a 24-inch water main for the City of Avondale, Arizona. Design
included development of construction drawings and specifications, including the
design of bore section below existing railroad requiring Union Pacific Railroad
review and approval. Project included coordination and permitting with Arizona
Department of Transportation, Maricopa County Department of Transportation,
Environmental Services Department of Maricopa County, and Flood Control District
of Maricopa County.
• Rancho El Dorado Water Improvements, Maricopa, AZ: Design Engineer for water
supply and storage improvements including the design of a 1.5 million gallon storage
reservoir, 3 MGD vertical turbine booster station, and associated well and reservoir
improvements. This project included bid phase services and construction inspection.
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Ray Montoya
Page 3
■ City of Avondale, East Avondale Water Improvements, Avondale, AZ: Design
Engineer for the design of local service waterline installation for the City of
Avondale, Arizona. Design included coordination permitting and right-of-way with
Arizona Department of Transportation, Maricopa County Department of
Transportation, Environmental Services Department of Maricopa County, and Flood
Control District of Maricopa County.
■ City of Avondale, Miami Road Water, Avondale, AZ: Design Engineer for over
10,000 linear feet of local service waterline for the City of Avondale, Arizona.
Design included coordination permitting and right-of-way with Arizona Department
of Transportation, Maricopa County Department of Transportation, and
Environmental Services Department of Maricopa County, and Flood Control District
of Maricopa County.
■ City of Avondale, Orchards Water Reservoir, Avondale, AZ: Design Engineer for 2.0
MG water reservoir associated with Orchards residential development.
Responsibilities included the development of construction drawings and contract
specifications, as well as associated drawings for related pumping units and site
improvements.
Wastewater Engineering / Stormwater
■ Rancho California Water District, Santa Rosa Water Reclamation Facility,
Temecula, CA: Project Engineer involved in facility upgrades and improvements to
the existing water reclamation plant. Project included existing lined-basin
rehabilitation, degraded interior concrete wall repair and coating, along with the
preparation of construction cost estimates.
• Rancho Santa Fe Seasonal Storage Reservoir, San Diego, CA: Responsible for the
design of reclaimed water storage reservoir including development of construction
plans detailing earthen dam, on-site tank and pump station, and associated site
improvements. This project was developed in conjunction with the Santa Fe Valley
Water Reclamation Facility, requiring coordination and permit approval from
California Division of Safety of Dams.
• Vallecitos Water District,Meadowlark Water Reclamation Facility, San Marcos, CA:
Design of expansion of existing 2.25 mgd reclamation plant to 5.0 mgd. Process
design elements include new headworks section, primary clarifiers, and expansion to
existing secondary clarifiers, tertiary filters, and effluent pump station.
■ Pima County Wastewater Management, Sewer Siphon Inlet/Outlet Condition
Assessment, and Access Study, Tucson, AZ: Project Engineer responsible for
conducting field evaluations of inlet and outlet structures associated with fifteen
separate sanitary sewer siphons. Responsibilities included evaluation of overall
chamber interior and hydraulic condition, and collection of data and samples to
determine extent of hydrogen sulfide damage.
• Vallecitos Water District, Masterplan Update, San Marcos, CA: Analysis of existing
gravity, forcemain, and siphon sewer systems utilizing District GIS data and
SewerCAD hydraulic software. Responsibilities included recommendations for
c:ldocuments and settings\raym\desktoplmontaya_ray_master_20 3.aoc Kennedy/Jenks Consultants
Ray Montoya
Page 4
system improvement based on projected ultimate build-out peak flows within the
District.
• City of Douglas, Wastewater Treatment Facility Clarifier, Douglas,AZ: Construction
Management services provided in support of the construction of new secondary
clarifier added to the existing wastewater treatment facility. This project was
completed as part of the Arizona Department of Corrections Prison expansion.
Project included review of specifications and construction drawings, coordination for
permitting, testing, construction change orders, and field inspections, with Arizona
Department of Administration, City of Douglas, Arizona Department of
Environmental Quality and Cochise County Engineering Department.
• City of Scottsdale, NPDES Services, Scottsdale, AZ: Design Engineer for the
implementation and reporting of first and second year requirements for the City of
Scottsdale NPDES permit for Municipal Separate Storm Sewer System (MS4).
Project included the implementation of a city-wide storm water management plan,
sampling and analysis plan including analysis and recommendation of collection site
alternatives, and preparation of two annual reports for submittal to the USEPA
Region 9 office.
• City of Goodyear, Cottonflower Sewage Lift Station, Goodyear,AZ:Design Engineer
for a 1.3 MGD lift station and over a mile of 10-inch force main in the City of
Goodyear, Arizona servicing new residential development. Lift station design
included odor control, flow metering, SCADA system, and an emergency back-up
generator with automatic transfer switch.
Land Development
• Cambridge Estates Residential Development, Phoenix,AZ:Design Engineer for the
development of over 154-acre residential subdivision design containing 565 single-
family homes. Responsibilities included grading,paving, and utility improvement
and design plans,completion of master drainage plans and reports,and
hydraulic/hydrological design and analysis for on-site and off-site stormwater
drainage. The project included constant city and planning commission coordination.
• Settler's Meadow Residential Development, Gilbert,AZ: Design Engineer for the
development of over 29-acre residential subdivision design containing 97 single-
family homes.Responsibilities included grading,paving, and utility improvement
and design plans, completion of master drainage plans and reports,and
hydraulic/hydrological design and analysis for on-site and off-site stormwater
drainage. The project included constant city and planning commission coordination.
• Corte Sierra Residential Development, Avondale,AZ: Design Engineer for the
development of over 140-acre residential subdivision design containing 400 single-
family homes.Responsibilities included grading,paving, and utility improvement
and design plans, completion of master drainage plans and reports,and
hydraulic/hydrological design and analysis for on-site and off-site stormwater
drainage. The project included constant city and planning commission coordination.
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r
r
Ray Montoya
Page 5
Affiliations
American Society of Civil Engineers,Associate Member
c:\documents and settingsvraym:desktop\montoya_;ay_,master_2003.doc Kennedy/Jenks Consultants
August 18, 2003
Kevin McCaleb
Water Conservation Specialist
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, Arizona 85737
Subject: Water Conservation Subcommittee Application
Dear Mr. McCaleb,
I have enclosed an application for a position with the Water Utility Conservation
Subcommittee for the Town of Oro Valley. As a resident of Oro Valley, I am very
interested in community water conservation measures and implementation. Having
recently relocated from San Diego, California, I am familiar with the benefits of
reclaimed water development and use (public landscaping and golf course irrigation), as
well as city-imposed water conservation measures (ultra-low flush toilet and high
efficiency clothes washer voucher programs).
Thank you for the opportunity to discuss the subcommittee's goals during our recent
telephone conversation. If you have any questions regarding my application please feel
free to contact me at work at 293-0669 or at home at 797-9510 at your convenience.
Sincerely,
Ray P. Montoya
r
1
'0
ORO VALLEY WATER UTILITY COMMISSION APPLICATION
Prospective Oro Valley Water Commission Members:
your you for interest in the water planning and service activities of the Valley Water
Utility Commission. The volunteers who are appointed to the Commission will be joining a
' ' dedicated to assuringa permanent supply of the best quality water available
group of citizens
present and future generations. The Commission and its subcommittees will meet once or
for
twice a month
dealingwith the basic fundamental issues including those in the checklist below.
pp
Please complete
this application and return to the Town Clerk's Office, 11000 N. La Canada
Drive, Oro Valley, Arizona, 85737-7015.
Name givEgA -70/./N 57E v F N
Last First Middle
Home Address ' ; I1/ '-A I - 1, A A 1 _P.,A �4 - 4
Business Address Al '�i • - Lim' Ai A I � 4 - =
- i72-32-33 - FAX.�ZO ' 6��-3���
Home Phone - -/ Business Phone 520 �
Number of Years in Oro Valley /"F
/ / , . 6-13-03
0.igi .ture Date
Please check the Water
UtilityCommission activities in which you would be most interested
and a short statement of why below the checklist.
Water Utility Commission
Capital Improvement Program
-
Budget Review and Recommendations
Revenue Requirements and Rate Adjustments
System Development
Water Resource Development `/
Information and Education \/
• State Sc. Federal Legislation
Regional Water Issues
F '/ �`7 ThE
a s _ r AVE 4 l�EiJ. / � _
id a a r i, a A .KETaV1..,. 5 77I
Z5 liteliZEJ 27IE
. l`... IA 1.0 lr✓ 4 —
/ _IL 11 I 411 I 114 't IAliA: `A i 1
..:t . ii I P. _ 1A 4, d 0
wcodmod.app/6.96
ORO VALLEY WATER UTILITY COMMISSION APPLICATION 2
Please list other community, civic, professional, social, educational, cultural or athletic
organizations you have been affiliated with, length of time, any office held, and any
g
achievement in those organizations you feel are noteworthy.
1., ".:. _< :I . Alla: I_ /I►
//i :► , .'�f�?'` / T .. I u .r . R - As! -- /as
L
:I/4 ._ , R. i l . i IA a Ad
What do you consider your highest responsibility, skill or achievement; professionally and/or
personally, and why?
" , !t „ /1 L : 4 : _ A 1 • / / A .►
_ 1 r a'. !Z• r 4111 x. A 4fiL_ . <
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.fd a,I N =a ( G" a !I doh Ai r 4? 1 A
4J(A77OA'S_
wcodmod.app/6.96
7
ORO VALLEY WATER UTILITY COMMISSION APPLICATION 3
EMPLOYMENT
Please list previous employment. List your last or present employment first:
Dates of Employment Company Name & Address
2. Z—Tia--142"-a3 , . A
` —' :, : TI ALA_ AD / . Ara /. /:
4. 0 ._
5- TI /2- PI/ n
of T
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p
List Position
& Job Description in numbered order as listed above.
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wcodmod.app/6.96
-
tt
ORO VALLEY WATER UTILITY COMMISSION APPLICATION 4
EDUCATION
Briefly describe your educational background:
Institution/School Degree Received
_-/At i 1 . t_ #. 6
Area of Study in numbered order as listed above: •
____EzKly649 /9&/1/
i-IYAEotoAk
_ ,ifs
t91Y
-�' MM1AIWMEh'T
Other fields of study, professional institutes, training program, etc.:
zityhdiff_filiy=.wio,Pnir:AIT ANA, Y oit#::,estry
IF DESIRED, FURTHER INFORMATION MAY BE ATTACHED
wcodmod.app/6.96
r
i
t
g
C
i
1:33r11:19 �
ORO VALLEY WATER UTILITY COMMISSION APPLICATION
Prospective Oro Valley Water Commission Members:
Thankou for your interest in the water planning and service activities of the Valley Water
y
UtilityCommission. The volunteers who are appointed to the Commission will be joining a
group of citizens dedicated to assuring a permanent supply of the best quality water available
forP resent and future generations. The Commission and its subcommittees will meet once or
twice a month dealing with the basic fundamental issues including those in the checklist below.
Please complete this application and return to the Town Clerk's Office, 11000 N. La Canada
Drive, Oro Valley, Arizona, 85737-7015.
in
Name �`?R c% = c:
Last First Middle
Home Address itc; Oc, vA" sS 7
Business Address k 0 t-_‘-t-F-
Home Phone s-9 s! Business Phone FAX
Number of Years in Oro Valley *--52,/,_
---"Ke.4 fh-e)
Signature Date
Please check the Water UtilityCommission activities in which you would be most interested
and a short statement of why below the checklist.
Water Utility Commission
Capital Improvement Program
Budget Review and Recommendations
Revenue Requirements and Rate Adjustments
System Development
Water Resource Development
Information and Education
State & Federal Legislation
Regional Water Issues
LA"Nr-e-a, Ce,0
CLs.L& 01- c; f e - '--� - - •
wcodmod.appi6.96
ORO VALLEY WATER UTILITY COMMISSION APPLICATION 2
Please list other community, civic, professional, social, educational, cultural or athletic
organizations you have been affiliated with, length of time, any office held, and any
achievement in those organizations you feel are noteworthy.
A(LL,e. A 0 „,ii„....r.,,,_..,_,....„ . . _..„._,..,,,...., , _.,_,... A ,a,
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What do you consider your highest responsibility, skill or achievement; professionally and/or
personally, and why?
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ORO VALLEY WATER UTILITY COMMISSION APPLICATION 3
EMPLOYMENT
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Dates of Employment Company Name & Address .
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ORO VALLEY WATER UTILITY COMMISSION APPLICATION 4
EDUCATION
Briefly describe your educational background:
Institution/School Degree Received
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Area of Study in numbered order as listed above:
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Other fields of study, professional institutes, training program, etc.:
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IF DESIRED, FURTHER INFORMATION MAY BE ATTACHED
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FouN 91'' ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION
Dear Oro Valley Citizen:
We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to
quickly process your application. A list describing the Town's Boards and Commissions is attached for your
reference.Also attached is Resolution No.(R)02-107,reflecting the procedures surrounding the appointment
process to Boards Your application will remain on file for two years from date of receipt.
Your supplying this data will greatly assist us in understanding how we can best use your talents and experience.
We thank you kindly for volunteering to serve the Town.
Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in
the Town for 1 year.
Please return to the Town Clerk's Office, 11,000 North La Cafada Drive,Oro Valley,Arizona 85737.
Name
Y o D&-----/ 6 e)EA,dr e.7( cpci...„
Last ' st fiddle
Home Address /3 / p ,tic?4c �
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/ Email 40/04L-=/ 1 �� ,HomePhone Vi-755/ Business Phone
Number •f Y-a lin Oro Valley (Must be a resident of the Town for 1 year).
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Please indicate the board or commission you wish to join:
Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions
on which you have served: (board/commission, civic, eduction.1,cultural social,etc.)
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How does your previous volunteer service prepare you thefor pP
applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying.
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Have you attended the Citizens Planning Institute? / Are you willing to attend? yi
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Briefly describe your educational/vocational background. I X.< -1977----), ,_____._
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TOWN OF ORO VALLEY
COUNCIL COMMUNICATION MEETING DATE: February 4, 2004
TO: HONORABLE MAYOR& COUNCIL
FROM: Ainsley Anne Reeder, Parks and Recreation Administrator
SUBJECT: History and Status Report on the Septic Tank Failure for the Concession Stand and
Southern Restrooms at James D. Kriegh Park
BACKGROUND:
A summary of the issues and actions surrounding the James D. Kriegh Park septic tank, followed by details of
same, are provided below:
July 2003 - Septic tank began to malfunction
- Tank is pumped with poor results
- Southern restrooms are closed
- Port-o-potties were installed to insure restroom access
- Concession stand is closed and chilled water fountain is shut off
- Plumbers and contractors were consulted for information and bids
Sept 2003 - Two plumbers/contractors provided recommendations and quotes
- Town decides to consider a new restroom because existing restrooms would require a
lift station to hook up to sewer.
- Town decides to look into repairing the sewer for the concession stand and the water
fountain only.
Oct 2003 - Preliminary construction estimates for a new restroom were obtained
- GLHN, the architect for the Riverfront Park restrooms, is asked to provide a proposal
for construction documents for a new restroom
- Cost estimates provided to Town Manager and Town Council
Nov 2003 - Staff directed to pursue construction of new restrooms and develop a proposal with
GLHN
- GLHN provided a proposal for construction documents
Dec 2003 - GLHN began working on the project, meeting with staff and completing requisite site
testing and analysis
Feb 2004 - Chilled water fountain to be placed into operation
- GLHN to complete plans and project is to be bid, construction to take 60-90 days
March 2004 - Septic repairs to be completed
JULY 2003 In early July 2003 the sole septic tank in James D. Kriegh Park began to malfunction. This septic
`qnk is only hooked up to the concession stand, one water fountain, and the southern restrooms. All other
acilities are hooked up to sewer.
TOWN OF ORO VALLEY
JUNCIL COMMUNICATION Page 2 of 3
The Parks and Recreation Staff immediately had the septic tank pumped. The tank filled up again within 48
hours, and the staff closed the restrooms to public use. Regular and handicap access port-o-potties were
immediately ordered to insure continued restroom access for the public.
The staff again pumped the septic tank, and allowed the Little League to continue using the concession stand,
believing that the water usage would be minimal. Again, within 48 hours the septic tank was filled.
Consequently, Staff closed the concession stand also. The water to the chilled water fountain, which is just
outside of the concession stand, was also cut off so that the water would not enter into the faulty septic tank.
Fortunately, two other drinking fountains within the immediate vicinity were available for League use. It was
the end of the Little League season, so impacts to the League were minimal.
By late July Staff had contacted every plumber and contractor listed in Tucson for septic tank repairs. It was
found that companies that deal with septic tanking cleaning and repair generally do not handle major
renovations or conversions from septic to sewer. It was also found, with one exception that contractors that
handle major septic renovations or conversions to sewer were either too busy to provide a quote, did not respond
at all, or provided a vague response.
SEPTEMBER 2003 By late September, two plumbers/contractors met with staff to assess the situation and
provided quotes. It was determined that the leach fields were no longer working and that any remedy would be
najor undertaking. There findings were as follows:
Guaranteed Contractors, Inc. provided a vague estimate of$40,000 for sewer hook up, although they
recommend connecting south of the pool, and utilizing the same line so that a new cut does not have to be made
into County sewer line on Calle Concordia. This contractor refused to provide an estimate for fixing the septic
tank, stating that a perk test would be necessary before a reasonable price could be provided. (A perk test would
be approximately$1,000.)
Cummings Plumbing estimated at if we wanted to replace the existing septic tank distribution box and leach
field, the cost would be approximately$11,521.27. Leech field engineering and engineering fees were not
included in the proposal, and would be extra.
As an alternative to fixing the existing septic, they provided a bid of$44,036.92 to eliminate the existing septic
tank and install a new sewer line and lift station, connecting to the County sewer line at Calle Concordia.
As a third alternative, Cummings provided a bid of$41,109.94 to convert the septic to sewer with a hook up to
the County sewer line which runs north and south on the eastern side of the park.
After review, it was determined that the Town would not pursue installation of a sewer line for the existing
restrooms and concession stand due to the requirement for a lift station. The location of these facilities sat too
low to allow a gravity flow sewer connection. Therefore, the Town decided to pursue the idea of constructing a
new restroom on the east side of the park close to an existing sewer line, and to explore the option of repairing
',e septic tank for the concession stand only, given the limited water usage by this facility.
OCTOBER 2003 In early October, Merle Heckenlively, a professional estimator with the firm of PMG, Inc.
was retained to proved estimates for constructing a new restroom at James D. Kriegh Park. He utilized the
TOWN OF ORO VALLEY
JUNCIL COMMUNICATION Page 3 of 3
construction plans from the Riverfront Park restrooms as a basis for estimation. Mr. Heckenlively estimated the
cost of a new restroom at $183,568. Staff assessed that because the estimate was endowed with contingency
and mark-up, the repair of the septic tank for the concession stand could also be covered by this amount.
By late October, Staff was directed to contact GLHN, the architect for the Riverfront Park restrooms, and have
them develop a proposal for site adapting the Riverfront Park restroom design for James D. Kriegh Park.
Included in their work would be a design with plans, civil drawings, specifications, and a follow up estimate.
NOVEMBER 2003 In November, GLHN provided a proposal for developing the plans.
DECEMBER 2003 In December, GLHN began working on the project, meeting with staff and completing
requisite site testing and analysis.
THE PLAN The Parks and Recreation Staff is working to find an alternative which will allow for the chilled
water fountain to be turned on without impacting the non-functioning septic system. It is anticipated that the
water fountain will be functioning within 30 days.
GLHN is to complete the plans, civil drawings, specifications, and a follow up estimate by early February. The
tentative schedule is to have the plans completed and go out to bid in February and have construction begin in
arch. Construction is expected to take 60 to 90 days.
A qualified plumbing contractor will be performing the repair of the septic system for the concession stand and
the chilled water fountain. They will by replacing the drain field and making other repairs as required. The
Town expects septic repairs to be completed by mid March, 2004.
0)-----: ?-----s--a-c- --x--
Parks and Recreati0A dministrator
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Town Manager
TOWN OF ORO VALLEY 3
COUNCIL COMMUNICATION MEETING DATE: February 4, 2004
TO: HONORABLE MAYOR & TOWN COUNCIL
FROM: Bob Kovitz, Public Information Officer
SUBJ: PRESENTATION BY AMERICAN CANCER SOCIETY — NORTHWEST
RELAY FOR LIFE
On May 21-22, the American Cancer Society will sponsor the second annual
"Northwest Relay for Life" at Pusch Ridge Christian Academy. This event which is
repeated throughout the nation--allows survivors, supporters, family members, friends
and interested community members to participate in a fun evening that raises significant
funds for the American Cancer Society. Oro Valley was chosen last year as the site for
the first event to be held in Northwest Pima County.
The Town of Oro Valley will not incur any direct expenses in connection with the
event. A representative from the Tucson office of the American Cancer Society will be
present this evening to brief the Council regarding the second annual "Northwest Relay
for Life."
\ iiiik V.4._ . \ t,:„J--+E___
Bo• Kovitz, Public Information Officer
77 ,
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Chuck Sweet, own Manager
TOWN OF ORO VALLEY 4
COUNCIL COMMUNICATION MEETING DATE: February 4, 2004
TO: HONORABLE MAYOR & COUNCIL
FROM: Ainsley Anne Reeder
Parks and Recreation Administrator
SUBJECT: Presentation - Oro Valley Cactus Classic VII Marathon and Fitness Skate held on
November 2, 2003
SUMMARY: On November 2, 2003, the Cactus Classic was held in Oro Valley. The race ran smoothly,
with no injuries and minimal traffic impacts. This is the third year the race has been held in Oro Valley.
Race Director Diana Coonce will make a presentation regarding the success of the race and present the
Council with a token of appreciation for the Town's continued support for this event.
C_
Parks and Recre. on Administrator
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ENTRY FORM
To register for the November 2 events, send this form with appropriate fees to:
Tucson In-line Sk8 Club, 3890 W. Sunny Hills Pl., Tucson, AZ 85741.
Name(please print): Phone: MIF: Age on Race day:
Address: City: State: Zip:
Email address:
Event: (please check appropriate event) Optional contribution to
November 2: Marathon skate: Fitness skate: Eric Ogden Memorial
Scholarship Fund
T-shirt size: M L XL XXL $
Fees(total amount enclosed): $ Absolutely no refunds.All fees payable to Tucson In-line Sk8 Club
Event Waiver Form:In consideration of my signing this agreement,I,the undersigned,intending to be legally bound,hereby,for myself,my heirs,my executors and administra-
tors,waive any and all rights and claims for damages,including,but not limited to,the loss of my in-line skates,or any other personal items I may have against the State of Ari-
zona,Arizona Department of Transportation,Arizona Department of Public Safety,Pima County Board of Supervisors,Town of Oro Valley,Safeway,Tucson In-line Sk8 Club,
Fast Eddie's Skate School LLC,any and all governmental and any and all sponsors,representatives,successors,and assigns for any and all injuries suffered by me as a result of
taking part in this in-line skating event and any related activities.I attest that I will participate in this event as an in-line skater entrant;I will wear an ANSIISNELL helmet and
protective equipment;that I am physically fit and have sufficiently trained for the completion of this event,and that my physical condition has been verified by a licensed medical
doctor.In filling out this form I give my permission for the free use of my name and picture in any broadcast,telecast,web or print media account for this event and I acknowledge
that I have read and fully understand my own liability and I accept the restrictions.I also understand that the entry fee is non-refundable and race numbers are non-transferable.
Athlete's Signature Date
Parent/Guardian Signature (if under 18)
Oro Valley Cactus Speed Classic
Marketing Summary for 2003
Marketing Activities
Advertising:
Print Ads
2 - 2 page Fitness and Speed Skating Times (FaSST)
2 - '/4 page South West Exercise and Training (SWEAT)
2 - 1/2 page Northwest EXPLORER
2 - 1/4 page in Northwest EXPLORER
Articles: Pre-event
Tucson Citizen(daily local publication)—article- Calendar Section
Tucson Citizen-Feature article—Tucson Giving Section
Northern Pima County Chamber Newsletter- article
FaSST (international publication) four(4)feature articles
Pima Community College Bulletin-article
Metropolitan Visitors and Convention Bureau-Events Section
Numerous calendars in Tucson
Articles: Post event
Cover/Feature: United Stated Roller Sports of America(Olympic Committee
governing body)
United States Roller Sports of America(3 articles)
Follow-up: South Western Exercise And Training(SWEAT)
Feature: Fitness and Speed Skating Times(FaSST) international publication
Exhibitor Booths:
Northshore Inline Marathon-Duluth Minnesota
Pima County Health Fair
Clean Air Festival
Earth Day Festival
Pima County Alternative Transportation Fair
Kids Day America
Television:
Featured on UPN/Fox 30 minute segment
Featured on Good Morning Tucson 26 minutes
Web Sites: 250+
Presentations: Too numerous to mention!
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COUNCIL COMMUNICATION TOWN OF ORO VALLEYMEETING DATE: February 4, 2004
TO: HONORABLE MAYOR & COUNCIL
FROM: Bayer Vella, AICP, Senior Planner
SUBJECT: CITIZEN PLANNING INSTITUTE GRADUATION
SUMMARY:
The Oro Valley Citizen Planning Institute provides Town residents an opportunity to learn about planning and
zoning principles, rules, and procedures. The general aim is to empower citizens to become more effectively
involved in planning decisions.
The eighth annual Citizen Planning Institute consisted of 25 hours of instruction designed to give the
participants knowledge of the planning process in Oro Valley. Held approximately every week on Thursday
evenings, the eleven interactive classes included presentations by Town Staff, outside professionals and
experts, group exercises, a zoning enforcement field day, and attendance at a Development Review Board
meeting. The comprehensive curriculum included topics ranging from the legal foundation of planning,
general zoning requirements, site planning basics, enforcement, to native plant salvage techniques. The 2003-
2004 curriculum is attached.
Interest in the Citizen Planning Institute remains very strong. Forty-five citizens enrolled in the program this
year. Because there are still two classes remaining, a list of graduates will be forwarded as an addendum to
this report. Staff wishes to formally acknowledge the accomplishment of each participant. The Mayor will
distribute Graduation Certificates at the Town Council meeting.
ATTACHMENT:
2003-2004 Citizen Planning Institute Curriculum
/
i&J • w
P l annini.!d Zoni Administrator
c.4
Community Developme; I irector
04,11 kfz,t,
Town Manager
F:\PROJECTS\CITPLAN\2003-2004 File\Graduation\TC report.doc
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Town of Oro Valley Citizen Planning Institute (CPI)
2003-2004 Fall and Winter Class Schedule*
Class I: Introduction: Oro Valley History, Town Organization and Overview. Thursday, October 23, 2003. Hopi
Conference Room - 6:30 PM to 8:30 PM
• Welcome & Introductions, Mayor Paul Loomis
• Introductions
• Facts about Oro Valley, Brent Sinclair, Community Development Director
• Town Organization, Staff, Finance, Committees, Boards, and Commissions, Chuck Sweet, Town Manager
• Class Overview, Schedule, Handouts
Class II: History and Legal Foundation of Land Use Planning. Thursday, October 30, 2003. Hopi Conference
Room - 6:30 PM to 8:30 PM
• The Legal Basis of Planning and Property Rights, Frank Cassidy, Marana Town Attorney, Town of Marana
• Town Application--The Legal Basis of Planning and Property Rights, Mark Langlitz, Town Attorney, Town
of Oro Valley
• History of Oro Valley General Plans,Annexations, Zoning, and Ordinance Development
Class III: General Plan &Zoning. Thursday, November 6, 2003. Hopi Conference Room -6:30 PM to 8:30 PM
• General Plan Elements, Designations, and Implementation, Bryant Nodine, P&Z Administrator
• Relationship of General Plan and Zoning Code
• Introduction to the Zoning Code and Map
• Zoning Standards
Class IV: Zoning, Rezoning, and Introduction to the Development Process. Thursday, November 13, 2003. Hopi
Conference Room - 6:30 PM to 8:30 PM
• Conditional Use Permits and Home Occupations
• Rezoning, Robert Conant,TOV Planning and Zoning Division
• Case Study:A Consultant's Perspective, Carl Winters, Planning Resources
Class V: Current Planning. Thursday, November 20, 2003. Hopi Conference Room -6:30 PM to 8:30 PM
• The Process of Subdividing Land
• Preliminary Plats
• Landscape Plans
• Improvement Plans, Craig Civalier, OV Public Works
• Final Plats
• Architectural Review
• Case Study: A Consultant's Perspective, Steve Solomon, Canada Vistas
Class VI: Current Planning. Thursday, December 11, 2003. Hopi Conference Room-6:30 PM to 8:30 PM
• The Development Plan Process
• Landscape Plans
• Improvement Plans, Craig Civalier, OV Public Works
• Architectural Review
• Case Study:A Consultant's Perspective, Mark Henshaw,ARCADIS, Inc.
Class VII: Current Planning. Thursday, January 8, 2004. Hopi Conference Room-6:30 PM to 8:30 PM
• Case Study: Students will review and evaluate a proposed development
Class VIII: Public Hearings. Tuesday, January 13, 2004. Hopi Conference Room—5:00 PM to 8:30 PM
• Civil Discourse and Problem Solving , Don Chatfield, Sonoran Institute
• Public Meeting Mechanics, Town Attorney, Mark Langlitz
• Attend DRB Hearing held in the Town Council Chambers.
• Discussion with DRB Members
Class IX: Native Plant Preservation. Thursday, January 22, 2004. Hopi Conference Room- 6:30PM to 8:30PM.
• Zoning Code Requirements
• Save-A-Plant Training, Phred Bartholomaei, Landscape Architect, Blue Mesa Studios
Class X: Enforcement Field Trip. Saturday, January 31, 2003. Hopi Conference Room-9 AM to 12 PM.
• Zoning Enforcement and Compliance,Zoning Enforcement Staff
Class XI: Final Wrap Up Session. Wednesday, February 4, 2004. Hopi Conference Room-5:30 PM to 8:00 PM
• Additional Opportunities to Get Involved (CIP, TAC's, PAC's, etc.)
• How to Become a Board, Commission or Council Member,
• Graduation with Town Council—Town Council Chambers -7:30 PM
*MOST Classes are from 6:30 PM-8:30 PM in the Oro Valley Community Development
Hopi Room - unless otherwise noted.
F:IPROJECTS\CITPLAN12003-2004 File\Class Agendas12003-2004 Master Schedule.doc
TOWN OF ORO VALLEY FEB
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COUNCIL COMMUNICATION MEETING DATE: FEBRUARY 4, 2004
TO: HONORABLE MAYOR & COUNCIL
FROM: Bayer Vella, AICP, Senior Planner
SUBJECT: ADDENDUM,CITIZENS PLANNING INSTITUTE GRADUATION
NEW INFORMATION:
A total of 35 students will be graduating this year. The list is attached.
ATTACHMENT:
2003-04 Citizen Planning Institute Graduates
/
P l ann �'�� oning mini strator
7"bh-r-
Community Development Director
Town Manager nut
)/(Cs1,..F:\PROJECTS\CITPLAN\2003-2004 File\Graduation\FEB 5 TC report ADD.doc
2003-2004 Citizens Planning Institute Graduates
1. Tim Ahrens
2. Steve Didio
3. Don Dvorak
4. Nancy Ellis
5. Walter Garrow
6. John Hickey
7. William Hicks
8. John Hoy
9. George Lee
10. Patrick Leonhart
11. Leo Leonhart
12. Erin Loudermilk
13. Carolyn Lytle
14. Nancy Martin
15. Adelina Martin
16. Celine Martinez
17. Angela Mendoza
18. Joseph Meyer
19. James Needham
20. Chet Oldakowski
21. Elena Oldakowski
22. Terry Parish
23. Ainsley Reeder
24. Kristie Riester
25. Fred Roof
26. Keve Sankman
27. Bart Schannep
28. James Secan
29. Jo Terry Sinding
30. Robert Turnbull
31. Aubin Tyler
32. Deborah Van De Putte
33. George Vince
34. Michael Vince
35. Mike Wilson
TOWN OF ORO VALLEY
STAFF REPORT TO THE TOWN COUNCIL MEETING DATE: February 4, 2004
TO: HONORABLE MAYOR & COUNCIL
FROM: Robert Conant, Planner II
SUBJECT: PUBLIC
HEARING — ORDINANCE (0) 04- 05 , OV9-03-26, TRANSLATION ZONING
OF A 3.028 ACRE PARCEL FROM PIMA COUNTY CAMPUS PARK INDUSTRIAL
(CPI) TO ORO VALLEY TECHNOLOGY PARK (TP) ZONE, LOCATED ON THE
EAST SIDE OF ORACLE ROAD — JUST NORTH OF THE HONEYWELL SITE AND
KNOWN AS THE SHURGARD STORAGE PROPERTY, PARCELS 220-040-10N AND
220-110-760
BACKGROUND:
On June 25, 2003, the Town of Oro Valley annexed the above referenced area (Ordinance (0) 03-24). The
attached map identifies the location of the area and the current and proposed zoning designations.
In accordance with State Statutes, the Town is required to change or "translate" the zoning on the annexed
form its original zoning designation to the closest comparable Oro Valley zoning designation. Section
property g
9-471(L) of the Arizona Revised Statutes (ARS) states:
"A city or town annexing an area shall adopt zoning classifications which permit densities and
uses no greater than those permitted by the county immediately before annexation. Subsequent
changes in zoning of the annexed territory shall be made according to existing procedures
established by the city or town for the rezoning of land."
SUMMARY:
The Pima County zoning designationCampus for the area is Cam us Park Industrial (CPI) and the most similar Oro
Valley zoning district is T-P (Technological Park District). The property is developed with a mini-storage
facility.
OVERVIEW OF PROPOSED TRANSLATIONAL ZONE:
The Pima County CPI zone allows this use.
Oro Valley T-P (Technological Park District)
The Town's T-P District allows Research Offices, light manufacturing, laboratories etc. The District; however,
does not allow mini-storage facilities. The use upon the translation of zoning will be legal non-conforming.
State law requires the Town to translate the zoning to the most compatible with the County zoning.
TOWN OF ORO VALLEY
'OWN COUNCIL STAFF REPORT Page 2
GENERAL PLAN CONFORMANCE:
The area lies within an area designated on the current General Plan as Commerce/Office Park land use which
wouldp ermit offices, research laboratories and light manufacturing. The translated zoning conforms to the
General Plan.
NOTIFICATION:
Allro ert owners within 600 feet of the annexed area have been notified of the proposed translational zoning
p p y
and thero erty was posted in accordance with Town and State statutes. To date, staff has not received any
p p
comments.
RECOMMENDATION:
It is recommended that the Town Council approve the translational zoning from Pima County CPI to the Town's
T-P.
SUGGESTED MOTIONS:
The Town Council may wish to consider one of the following motions:
I move to approve Ordinance (0) 04-05 , OV9-03-26, translating the zoning for the Shurgard Storage property
from Pima County CPI to Oro Valley T-P.
OR
I move to approve Ordinance (0) 04-05 , OV9-03-26, translating the zoning for the Shurgard Storage property
from Pima County CPI to Oro Valley T-P, subject to the following condition(s):
Attachments:
1. Ordinance (0) 04- 05
2. Property location
3. Current and Proposed Zoning Map i
Plann ZonfAdministrator
C• ity Develo• ent Director
L
own Manager
F:\OV\OV9\2003\9-03-26\REPORTS\REZ.TC.RPT.doc
ORDINANCE (0) 04- 05
AN ORDINANCE TRANSLATING THE ZONING FOR THE NEWLY
ANNEXED AREA COMMONLY KNOWN AS THE SHURGARD STORAGE
PROPERTY FROM PIMA COUNTY ZONING DESIGNATION TO TOWN OF
ORO VALLEY ZONING DESIGNATION AND AMENDING THE TOWN OF
ORO VALLEY ZONING MAP: AND REPLACING ALL ORDINANCES IN
CONFLICT HEREWITH;
WHEREAS, On June 25, 2003, by Ordinance (0) 03-24, the Town of Oro Valley annexed the
area commonly known as the Shurgard Storage property, bounded on the west by Oracle Road,
on the north by property owned by Bighorn Commerce Center LLC, on the east by property
owned by Bednar-Rams Canyon LLC and on the south by Honeywell Corp and further described
by the attached annexation map: and
WHEREAS, thero erty affected by this zoning translation encompasses all of the annexed
p p
area comprising approximately a roximately 3.028 acres currently zoned Pima County CPI (Campus Park
Industrial); and
WHEREAS, in accordance with State Statute ARS 9-471(L), the Town initiated a request to
translate the zoning on the annexed area from its original Pima County zoning designation to
comparable Oro Valley zoning designation; and
WHEREAS, on November 4, 2003 at a duly noticed public hearing, the Town of Oro Valley
Planning and Zoning Commission, in accordance with ARS 9-471(L), considered the
translational zoning request for the affected property as shown on the attached zoning map and is
recommending approval; and
WHEREAS, the Oro Valley Town Council has considered the requested translational zoning
and amendment to the Town zoning map at a duly noticed public hearing and finds it is
consistent with the Town's General Plan and Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF
THE TOWN OF ORO VALLEY:
SECTION 1: That the Town of Oro Valley Zoning Map be amended and the zoning
designations be translated as indicated on the attached map, said district being T-P (Technology
Park) as Assessors Parcel Numbers 220-110-760 and 220-040-ION which is attached to and
made a part of this Ordinance.
SECTION 2: That this ordinance and the various parts thereof are hereby declared to be
severable. If any section, sub-section, sentence, clause, word or phrase of this ordinance is for
any reason, held to be unconstitutional, such holdings shall not affect the validity of the
remaining portion of this ordinance.
Ordinance (0) 04- 05
Page 2
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona, this 4th day of February, 2004
Paul H. Loomis,Mayor
ATTEST:
Katheryn E. Cuvelier, Town Clerk
APPROVED AS TO FORM:
Mark Langlitz, Town Attorney
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TOWN OF ORO VALLEY
,OUNCIL COMMUNICATION DATE: February 4, 2004
RECEIVED
TO: Mayor and Council JAN 262004Y
FROM: David L. Andrews, Finance Director Per_......,_
SUBJECT: Consideration and Possible Action Regarding Ordinance No. (0)04- 06
Amending the Tax Code of the Town of Oro Valley by Amending Article IV, Chapter 8A,
Section 415, Section 416 and Section 417, Increasing the Construction Contracting Tax
Rate to 4%.
SUMMARY:
On January 12, 2004 the Mayor and Council met with the Budget and Bond Committee in a joint
study session to discuss the Budget and Bond Committee's recommended Town revenue plan. At
that session the Budget and Bond Committee recommended that the Town increase the construction
sales tax rate from the current rate of 2% to a new rate of 4%. The Committee also recommended
that 75% of the 2% increase be earmarked for streets and roads maintenance. The ordinance you
have before you would increase the local sales rate on construction contracting activities to 4%. The
issue of where to direct the additional funding will be considered by the Council via a resolution at a
iter date.
ANALYSIS:
Several issues were raised by the Council at the study session and are addressed in this
communication.
EMERGENCY CLAUSE:
The Town Attorney has researched this issue and does not recommend including an emergency
clause. The Arizona Department of Revenue ("ADOR") requires under its Intergovernmental
Agreement with the Town for the collection of taxes that it be provided with no less than 60 days
advance notice of the effective date of any ordinance changing tax rates. The earliest date that
notice could be provided would be February 5, 2004. The earliest effective date would then be April
5, 2005. However, it would be prudent to allow for a period of at least ten days for notice to be sent to
and received by ADOR. Accordingly, it is recommended that the Ordinance be made effective on
April 15, 2004.
LOCAL JURISDICTIONAL COMPARISONS:
The following table summarizes the local sales tax rates on construction contracting activities for the
other local municipalities.
.3:'.cOi. \C t a..:.C`ounci ,, it i uiiicaUun 2.44 4.doc
TOWN OF ORO VALLEY
;OUNCIL COMMUNICATION DATE: February 4, 2004
JURISDICTION CONSTRUCTION TAX RATE COMMENTS
Tucson 2.0%
0 75% of Total Dedicated to
Marana 4.0% Transportation
South Tucson 2.5%
0 100% Dedicated to General CIP
Sahuarita 3.0% Purposes
Additionally, the Town of Marana was contacted for more detail in regard to this issue.
> Marana's tax rate was first increased to 3% in May 1998. Their Council also passed a
resolution that dedicated 100% of this revenue to transportation (capacity related
improvements). The resolution also provided that one-half of the original 2% General Fund
collections (50% of total construction tax collections) be dedicated to transportation.
> In April 2001, Marana adopted a roadway impact fee of$2,492 per EDU. Oro Valley's
increased to $2,920 per EDU effective January 15, 2004.
• In May 2001 , Marana increased the tax rate to 4% and the original dedication resolution
adopted May 1998 was kept intact.
COMMERCIAL IMPACTS TO FUND BALANCE PROJECTIONS:
At the joint study session, Council requested to supplement the General Fund's Unreserved Fund
Balance Projections information with sales tax projection information from significant commercial
development projects. Included with this communication you will find information for Oracle Crossing
Retail Center, Oro Valley Marketplace and Five Star Resort Hotel provided by the Town's Economic
Development Administrator.
ATTACHMENTS:
1.) Summary Sheet for Construction Contracting
2.) Ordinance No. (0) 04-06 Construction Contracting
3.) Town Revenue Plan — General Fund Projections
4.) Oracle Crossing Revenue Sharing Scenario
5.) Oro Valley Marketplace Sales Tax Revenues
6.) Five Star Resort Sales Tax Revenues
RECOMMENDATION:
The Budget and Bond Committee recommends approval of the ordinance.
: ((.)U.ti(::`I t.,Council Communication 2-4-04 doc
TOWN OF ORO VALLEY
OUNCIL COMMUNICATION DATE: February 4, 2004
SUGGESTED MOTION:
I move to approve Ordinance No. (0) 04- 06 Amending the tax code of the Town of Oro Valley by
Amending Article IV, Chapter 8A, Section 415, Section 416 and Section 417 Increasing the
Construction Contracting Tax Rate to 4%.
or
I move to . . .
David L. Andrews
Finance Director
Chuck Sweet
Town Manager
(-..i: COL" t..:I.....('ounc_il Communication munication--2-4-U4. oc
SUMMARY SHEET
Local Tax Description: Construction Contracting
Town Code Sections: 8A-415; 8A-416; 8A-417
Proposed
Increase the tax rate on construction contracting activities by 2%from the current rate of
2%to a total rate of 4%.
Revenue Impact
The amount of revenue estimated to be collected from the additional 2% increase in the
tax rate is $2,100,000. Historical collections at the existing 2% tax rate are as follows:
FY FY FY FY FY FY
1998/99 1999/00 2000/01 2001/02 2002/03 2003/04
Actuals Actuals Actuals Actuals Actuals Budget
Collections $2,398,000 $3,023,000 $2,913,000 $2,779,000 I $1,978,000 $2,100,000
Special Considerations
75% of additional 2% to be earmarked for streets and roads ongoing operations and
maintenance would provide approximately $1.6 M in additional annual revenues to the
Highway Fund.
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ORDINANCE NO. (0) 04 - 06
AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA
AMENDING THE TAX CODE OF THE TOWN OF ORO VALLEY,
ARTICLE IV, CHAPTER 8A, SECTION 415, SECTION 416 AND
SECTION 417 RELATING TO THE CONSTRUCTION CONTRACTING
TAX RATE AND REPEALING ALL RESOLUTIONS, ORDINANCES,
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.
WHEREAS, Arizona cities and towns have the authority to levy taxes under ARS § 9-
240(B)(26); and
WHEREAS, on July 13, 1988, the Town of Oro Valley adopted the Model City Tax Code
("Code") pursuant to Arizona law; and
WHEREAS, amendments to the Code are required to be made in accordance with ARS § 42-
6054; and
WHEREAS, on December 4, 2002, the Mayor and Town Council (the "Council") directed the
Oro Valley Budget and Bond Committee (the "Committee") to develop a proposed Town
Revenue Plan ("Plan"); and
WHEREAS, in a joint Study Session between the Council and the Committee held on March 24,
2003, the Committee presented an initial draft of the Plan to Council; and
WHEREAS, in a further joint Study Session between the Council and the Committee held on
August 18, 2003, the Council directed the Committee to develop a prioritized list of local sales
and use taxes for future Council consideration based on the Plan; and
WHEREAS, the Committee developed the priority list, which recommended increasing the
current construction contracting tax, and instituting taxes for telecommunications service, utility
service and a use tax; and
WHEREAS, it is in the best interest of the Town that the Council adopt the recommendations of
the Committee by increasing the current construction contracting tax, and instituting taxes for
telecommunications service, utility service and a use tax.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro
Valley, Arizona that the certain document, known as "The Tax Code of the Town of Oro Valley,
Arizona," is hereby amended as follows:
SECTION 1. Section 8A-415 (a) of the Tax Code of the Town of Oro Valley is amended as
follows, with additions being shown in ALL CAPS and deletions in Strikeout text:
ORD to Amend Tax Code Office of the Oro Valley Town Attorney/JNA 01.27.04
(a) The tax rate shall be at an amount equal to two FOUR percent (2 4%) of the
gross income from the business upon every construction contractor engaging or
continuing in the business activity of construction contracting within the Town.
SECTION 2. Section 8A-416 (a) of the Tax Code of the Town of Oro Valley is amended as
follows, with additions being shown in ALL CAPS and deletions in Strikeout text:
(a) The tax shall be equal to two FOUR percent (2 4%) of the gross income from
the business activity upon every person engaging or continuing in business as a
speculative builder within the Town.
SECTION 3. Section 8A-417 (a) of the Tax Code of the Town of Oro Valley is amended as
follows, with additions being shown in ALL CAPS and deletions in Strikeout text:
(a) At the expiration of twenty-four (24) months after improvement to the
property is substantially complete, the tax liability for an owner-builder who is
not a speculative builder shall be at an amount equal to two FOUR percent (2
4%) of:
SECTION 4. Pursuant to ARS § 41-1346, the Town shall maintain efficient record management
for local public records and it has been determined that this Ordinance is a public record with
three copies of said Ordinance to remain on file in the office of the Town Clerk.
SECTION 5. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances,
Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are
hereby repealed.
SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions thereof.
PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona,
this 4th day of February , 2004.
TOWN OF ORO VALLEY
ATTEST: Paul H. Loomis, Mayor
Kathryn E. Cuvelier, Town Clerk
APPROVED AS TO FORM:
Mark J. Langlitz, Town Attorney
ORD to Amend Tax Code Office of the Oro Valley Town Attorney/JNA 01.27.04
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TOWN OF ORO VALLEY
COUNCIL COMMUNICATION MEETING DATE: February 4, 2004
TO: HONORABLE MAYOR & TOWN COUNCIL
FROM: Scott L. Nelson, Special Projects Coordinator
SUBJ: PUBLIC HEARING REGARDING REQUEST TO ANNEX
APPROXIMATELY 135.9 ACRES OF UNINCORPORATED TERRITORY
LOCATED SOUTH AND WEST OF THE CURRENT TOWN LIMITS
INCLUDING A PORTION OF THE NORTH HALF OF SECTION 22,
WITHIN A PORTION OF THE NORTHEAST ONE QUARTER OF
SECTION 21, AND WITHIN A PORTION OF SECTION 15, TOWNSHIP
11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA
COUNTY, ARIZONA
SUMMARY:
On November 19, 2003, Mayor and Council voted to initiate the annexation process for
approximately 135.9 acres of unincorporated territory located south and west of the
current Town limits including a portion of the north half of Section 22, within a portion of
the northeast quarter of Section 21, and within a portion of Section 15, Township 11
South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona. This
annexation is in compliance with the Oro Valley General Planning area, Oro Valley
Resolution No. (R) 95-22, Oro Valley Policy for Annexation of Unincorporated Land, and
pursuant to Arizona state law.
On January 07, 2004 at a previous public hearing of this area, a resident Mrs. Carol
Nellis of 1720 W. Tortolita Vista Ln. addressed the Mayor and Council with her concerns
pertaining to police, fire protection and garbage service. Staff has met with Mrs. Nellis in
an attempt to address and resolve her concerns. Additional since the last public hearing
staff has responded to questionnaire from Mr. Fred Szyndlar, a property owner in
annexation area G.
In accordance with ARS § 9-471(A) (1), the blank petition, map, and legal description
were filed with the Pima County Recorder on January 8, 2004. Once the blank petition,
map, and legal description are filed, a 30-day waiting period begins, during which time a
public hearing must be held. In addition, we have completed the process of following
the state law requirements regarding notification at least 6 days prior to the public
hearing and at least 15 days before the end of the 30-day waiting period. The
notification process is as follows:
1. Publish notice of public hearing in The Daily Territorial newspaper.
2. Post the notice of public hearing in at least three conspicuous places on the
property proposed to be annexed.
3. Mail the notice of public hearing by first class mail to the property owners in
the territory considered for annexation.
4. Mail the notice of public hearing to the Chairman of the Pima County Board of
Supervisors.
FISCAL IMPACT:
Net fiscal impact for 1 year is $3,819.23; for 5 years $62,719.37.
ATTACHMENTS:
1 . ARS § 9-471, Annexation of territory; procedures; notice; petitions; access to
information; restrictions
2. Map and legal description of proposed Annexation "Area G"
3. Letters of request from area residents dated September 24 & 26, 2003
4. Fiscal Impact Analysis as reviewed by Finance Director David Andrews
SUGGESTED MOTION:
No action is required at this time.
Scott L. Nelson
Special Projects Coordinator
( (::271
C uck Sweet
Town Manager
"Annexation or territory; proceuures; nonce; petitions; ... rage 1 or 4
9-471 . Annexation of territory; procedures; notice; petitions; access to information; restrictions
I
A. The following procedures are required to extend and increase the corporate limits of a city or
town by annexation:
1. A city or town shall file in the office of the county recorder of the county in which the annexation
is proposed a blank petition required by paragraph 4 of this subsection setting forth a description
and an accurate map of all the exterior boundaries of the territory contiguous to the city or town
proposed to be annexed. Notice and a copy of the filing shall be given to the clerk of the board of
supervisors and to the county assessor. The accurate map shall include all county rights-of-way
and roadways with no taxable value that are within or contiguous to the exterior boundaries of the
area of the proposed annexation. If state land, other than state land utilized as state rights-of-way
or land held by the state by tax deed, is included in the territory, written approval of the state land
commissioner and the selection board established by section 37-202 shall also be filed.
2. Signatures on petitions filed for annexation shall not be obtained for a waiting period of thirty
days after filing the blank petition.
3. After filing the blank petition pursuant to paragraph 1 of this subsection, the governing body of
the city or town shall hold a public hearing within the last ten days of the thirty day waiting period
to discuss the annexation proposal. The public hearing shall be held in accordance with the
provisions of title 38, chapter 3, article 3.1, except that, notwithstanding the provisions of section
38-431.02, subsections C and D, the following notices of the public hearing to discuss the
annexation proposal shall be given at least six days before the hearing:
(a) Publication at least once in a newspaper of general circulation, which is published or circulated
410, in the city or town and the territory proposed to be annexed, at least fifteen days before the end of
the waiting period.
(b) Posting in at least three conspicuous public places in the territory proposed to be annexed.
(c) Notice by first class mail sent to the chairman of the board of supervisors of the county in which
the territory proposed to be annexed is located.
(d) Notice by first class mail with an accurate map of the territory proposed to be annexed sent to
each owner of the real and personal property as shown on the list furnished pursuant to subsection
G of this section that would be subject to taxation by the city or town in the event of annexation in
the territory proposed to be annexed. For purposes of this subdivision, real and personal property
includes mobile, modular and manufactured homes and trailers only if the owner also owns the
underlying real property.
4. Within one year after the last day of the thirty day waiting period a petition in writing signed by
the owners of one-half or more in value of the real and personal property and more than one-half
of the persons owning real and personal property that would be subject to taxation by the city or
town in the event of annexation, as shown by the last assessment of the property, may be
circulated and filed in the office of the county recorder. For purposes of this paragraph, real and
personal property includes mobile, modular and manufactured homes and trailers only if the owner
also owns the underlying real property.
5. No alterations increasing or reducing the territory sought to be annexed shall be made after a
petition has been signed by a property owner.
6. The petitioner shall determine and submit a sworn affidavit verifying that no part of the territory
for which the filing is made is already subject to an earlier filing for annexation. The county
http://www.azleg.state.az.us/search/oop/gfullhit.asp?CiWebHitsFile=/ars/9/00471.htm&Ci... 11/6/2002
'<b><b><b>9 471</b> </b> </b> - Annexation of territory; procedures; nonce; peuuuus,
recorder shall not accept a filing for annexation without the sworn affidavit.
B. All information contained in the filings, the notices, the petition, tax and property rolls and other
�r matters regarding a proposed or final annexation shall be made available by the appropriate official
•
for public inspection during regular office hours.
C. Any city or town, the attorney general, the county attorney, or any other interested party may
question verified petition move to the validity of the annexation for failure to 'comply with the
petition of this section.
The shall set forth the manner in which it is alleged the
annexation procedure was not in compliance with the provisions of this section and shall be filed
within thirty days after adoption of the ordinance annexing the territory by the governing body of
the city or town and not otherwise. The burden of proof shall be upon the petitioner to prove the
of his verified petition. No action shall be brought to question the validity of an
material allegations
annexation n ordinance unless brought within the time and for the reasons provided in this
subsection. All hearings providedby
rin s this section and all appeals therefrom shall be preferred and
heard and dete preference in to all other civil matters, except election actions. In the event
petition questioningthe validity of an annexation ordinance is filed, all such
more than one
petitions shall be
consolidated for hearing. If two or more cities or towns show the court that they
have demonstrated an active interest in annexing any or all of the area proposed for annexation,
the court
shall consider anyoral or written agreements or understandings between or among the
cities and towns in making its determination pursuant to this subsection.
D. The annexation shall become final after the expiration of thirty days from the adoption of the
ordinance annexingthe territory by the city or town governing body, provided the annexation
adopted has been finallyado ted in accordance with procedures established by statute, charter
provisions, or local ordinances, whichever is applicable, subject to the review of the court to
determine the validity thereof if petitions in objection have been filed.
461 Ir
E. For the purpose of determining the sufficiency of the percentage of the value of property under
this section, such values of property shall be determined as follows:
1. In the case of property assessed by the county assessor, values shall be the same as shown by
the last assessment of the property.
2. In the case of property valued by the department of revenue, values shall be appraised by the
department in the manner provided by law for municipal assessment purposes.
F. For the purposeof determiningthe sufficiency of the percentage of persons owning property
under
this section, the number of persons owning property shall be determined as follows:
1. In the case
of property assessed by the county assessor, the number of persons owning
p p Y
property shall be as shown on the last assessment of the property.
2. In the case of property valued by the department of revenue, the number of persons owning
property shall be as shown on the last valuation of the property.
parcel of property is owned by multiple owners, such owners shall be deemed as
3. If an undividedp P
one owner for the purposes of this section.
4. If a person ownsmultipleparcels of property, such owner shall be deemed as one owner for the
purposes of this section.
revenue,tf
respectively,
G. The county assessor and the department ofshall furnish to the city or
town proposing an annexation within thirty days after a request therefor a statement in writing
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http://v��ww.azleb.state.az.us/sea p q p
' <b><b><b>u-411</b> </b> </b> - Annexation o1 temtory; proeeuui CS, uouec, pelf uuus, ... r dgc J U1 't
s
showing the owner, the address of each owner and the appraisal and assessment of all such
property.
Cr poses of subsection A, paragraph 1 of this section unless:
H. Territory is not contiguous for the purposes
1. It adjoins
the exterior boundary of the annexing city or town for at least three hundred feet.
2. It is, at allP oints, at least two hundred feet in width, excluding rights-of-way and roadways.
3.
The distance from the existing boundary of the annexing city or town where it adjoins the
annexed territory to the furthest point of the annexed territory from such boundary is no more
than twice the maximum width of the annexed territory.
I. A city or town shall hall not annex territoryif as a result of such annexation unincorporated territory
is completely surrounded by the annexing city or town.
J. Notwithstanding any provisions of this article to the contrary, any town incorporated prior to
1950 which had apopulation of less than two thousand persons by the 1970 census and which is
bordered on at least three sides by Indian lands may annex by ordinance territory owned by the
state within the same county for a new townsite which is not contiguous to the existing boundaries
of the town.
K. TheP rovisions of subsections H and I of this section shall not apply to territory which is
surrounded by the same city or town or which is bordered by the same city or town on at least
three sides.
4ipf L. A cityor town annexingan area shall adopt zoning classifications which permit densities and
uses no9 reater than those permitted by the county immediately before annexation. Subsequent
changes in zoning of the annexed territory shall be made according to existing procedures
established by the city or town for the rezoning of land.
M. The annexation of territory within six miles of territory included in a pending incorporation
petition filed with the county recorder pursuant to section 9-101.01, subsection C shall not cause
an urbanized area to exist pursuant to section 9-101.01 which did not exist prior to the annexation.
N. As an alternative to the procedures established in this section, a county right-of-way or roadway
with no taxable realP roperty may be annexed to an adjacent city or town by mutual consent of the
governingbodies of the county and city or town if the property annexed is adjacent to the
annexing city or town for the entire length of the annexation and if the city or town and county
each approve the proposed annexation as a published agenda item at a regular public meeting of
PP
their governing bodies.
0. On or before the date the governing body adopts the ordinance annexing territory, the
body
governingshall have approved a plan, policy or procedure to provide the annexed territory
with appropriate ro riate levels of infrastructure and services to serve anticipated new development within
tenY ears after the date when the annexation becomes final pursuant to subsection D of this
section.
P. If aro ert owner prevails in any action to challenge the annexation of the property owner's
P P Y
property, the court shall allow the property owner reasonable attorney fees and costs relating to
P Y►
the action from the annexing municipality.
tr
Q.. A cityor town may annex territory that is a county owned park, a park operated on public lands
by a countypart of a management agreement or land owned by a flood control district if
as
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b b b �
For the purposes of this subsection, "public lands"
otherwise agreed to by the board of supervisors.
has the same meaning prescribed in section 37-901.
4110
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STONE
1110 '
CANY N
SEP 29'83Pti 1:5: TOW
September 26, 2003
DISTRIBUTED TO:
21T, MAYOR TOWN MANAGER
FILE ,(COUNCIL
Scott Nelson
)Sit DEPT HEADS ❑ OTHER
Spec.Projects Coordinator5 �,t.h Wa-tsovn
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, AZ 85737
SUBJECT: Tax Parcel No. 219-16-016 — Annexation by the Town of Oro Valley
Dear Mr. Nelson:
Please be advised that the undersigned, as an owner of the above referenced
411. property in Section 22, immediately south of Stone Canyon, I would like to formally
request that the Town of Oro Valley consider my property for annexation within your
community.
Sincerely,
Richard Maes
kw
•
oac Nnrcc'i vicTncn Hir.Hi nninc nRivF rlRCl VAI I FY AR17C1NA R5717
STONE
CA M
SEP 29'03Pm 1:52 IOU
September 26, 2003
Scott Nelson
Spec.Projects Coordinator
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, AZ 85737
SUBJECT: Tax Parcel
No. 219-16-002 — Annexation by the Town of Oro Valley
.
Dear Mr. Nelson:
Please be advised that the undersigned,ned, as an owner of the above referenced
inSection 22, immediately south of Stone Canyon, I would like to formally
property
request that the Town of Oro Valley consider my property for annexation within your
community.
Sincerely,
7
Richard Maes
kw
1
STONE
41. CANYQ:1
SEP 23' 3pM 1:52 TN
September 26, 2003
Scott Nelson
S ec.Proiects Coordinator
p 1
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, AZ 85737
SUBJECT: Tax Parcel No. 219-16-003A — Annexation by the Town of Oro Valley
Dear Mr. Nelson:
411 Please be advised that the undersigned, as an owner of the above referenced
roatel south of Stone Canyon, I would like to formally
property in Section 22, immediately
request that at the Town of Oro Valley considerproperty for annexation within your
my
community.
Sincerely,
/. . r
Richard Maes
kw
STONE
• , CA N
SEP 29'e3 1:52 TOV
September 26, 2003
Scott Nelson
1
S ec.Pro•ects Coordinator
p
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, AZ 85737
SUBJECT: Tax Parcel
No. 219-16-005B - Annexation by the Town of Oro Valley
Dear Mr. Nelson:
• Please be advised that the undersigned, as an owner of the above referenced
property in
Section 22, immediatelysouth of Stone Canyon, I would like to formally
request that
the Town of Oro Valleyconsider my property for annexation within your
community.
Sincerely,
//
Richard Maes
kw
STONE
CAN'\)/ \1
SEP 29' 3PM 1:52 IOU
September 26, 2003
Scott Nelson
Spec.Projects Coordinator
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, AZ 85737
SUBJECT: Tax Parcel No. 219-16-007B -- Annexation by the Town of Oro Valley
Dear Mr. Nelson:
be advised that the undersigned, as an owner of the above referenced
Please g
property in Section 22, immediately south of Stone Canyon, I would like to formally
p Y
request that the Town of Oro Valley consider my property for annexation within your
community.
Sincerely,
/* 1
7274-4,--
/
Richard Maes
kw
STONE
CA N\71
SEP 29'6r i: 2 TOV
September 26, 2003
Scott Nelson
Spec.Projects Coordinator
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, AZ 85737
SUBJECT: Tax
Parcel No. 219-15-0010 Annexation by the Town of Oro Valley
Dear Mr. Nelson:
• g
Please be advised
that the undersigned, as an owner of the above referenced
property
in Section 22, immediately south of Stone Canyon, I would like to formally
request that the Town of Oro Valley consider my property for annexation within your
community.
Sincerely,
//'
Richard Maes
kw
SEP 2 '83PM 1:52 TOV
utstOso artmers
September 26, 2003
Scott Nelson
Spec.Projects Coordinator
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, AZ 85737
SUBJECT: Tax Parcel No. 219-15-005 — Annexation by the Town of Oro Valley
Dear Mr. Nelson:
411110 Please be advised that the undersigned, as an owner of the above referenced
property
in Section 22, immediately south of Stone Canyon, I would like to formally
request that the Town of Oro Valley consider my property for annexation within your
community.
Sincerely,
Richard Maes
kw411111
1 I eVs: (as' e\ki ar ro2, Suite
•r f`
4110 •
SEP 29'63PM 1:52 TO)
7-1) .
tstoso _artners
September 26, 2003
Scott Nelson
Spec.Projects Coordinator
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, AZ 85737
SUBJECT: Tax Parcel No. 219-15-007 — Annexation by the Town of Oro Valley
Dear Mr. Nelson:
• Please be advised that the undersigned, as an owner of the above referenced
property in Section 22, immediately south of Stone Canyon, I would like to formally
request that the Town of Oro Valley consider my property for annexation within your
community.
Sincerely,
Richard Maes
kw
•
1121 t UarnQi5:-<0 af:_, keStat 10.9
r c 7,7
)
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5205295110 CARLIER COMPANY PAGE e2,r 02
09124!2003 15:25 ,
4110
r i4
CARLIER COMPANY SEP 2S' 3PM 1:52 TOV
•
•
• September 24, 2003
Town of Oro Valley
Scott Nelson Spec. Projects Coordinator
11000 N. La Canada Dr.
Oro Valley AZ 85737
Re: Tax Parcel No. 219-15=0100, 14330 North La Cholla
Annexation of 10 acres.by the Town of Oro Valley
Dear Mr.Nelson:
Please be advised that the undersigned, as an owner of the above referenced
property in Section 22, inunediately south of Stone Canyon, 1 would like to formally
Pro p y
request that the Town of Oto Valley conn d er my property for annexation within your
community_
Very truly yours, .
E. Michael Cashel.
EMC:pew
c: Dick Maes, Vistoso Partners, LLC
L c : ii NRI S F • SUITE 1 0 5 • C
L r I A2 8 5 ? I E - TEL S : 0 - 5 2 5 . 3 8 0 0 • F A X 5 : 0 - S = y - P 1 1 0
UPe LtS/UJ 10:04 IAA 4 O �2J) 1CSU4 V 1 1.U►>U riiK1'lNKKa -> 5.1'UNT CANYUN
LO 002
STONE
fib CANYN _ r ': 21i
IOU
UC
September 26, 2003
Scott Nelson
Spec.Projects Coordinator
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, AZ 85737
SUBJECT: Tax Parcel No, 219-16-001 ,d — Annexation b the Town of Oro Valle
Dear Mr. Nelson:
the above referenced
the undersigned, as an owner of
Please be advised that h g
• property in Section 22,
immediatelysouth of Stone Canyon, I would like to formally
request that the
Town of Oro Valleyconsider my property for annexation within your
community.
Sincerely,
A-\e-
Jason Wolfswinkel
kw
•
945 WEST V1STOSO HIGHLANDS,DRI'VE ORO VALLEY,ARIZONA 85737
0
TELEPHONE 520,219.9000•TOLL FREE 877-219.9100-FACSIMILE.
' UP,,/Zb/U3 10:04 rAA 4ZSU tSW) 1004 V1b1•UaU YAK•1IVr;Ka _ 4 STUNS ;AIVYUN IQJUU3
STONE iii E t� 3 fy• E
-WV
410 CANY3r4 11
September 26, 2003
Scott Nelson
Spec.Projects Coordinator
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, AZ 85737
--Annexation b the Town of Oro Valle
SUBJECT: Tax Parcel No. 219-16-001B
Dear Mr. Nelson:
an owner of the above referenced
Please be advised that the undersigned, as
dof Stone Canyon, 1 would like to formally
in Section 22, immediately south Y
4111 property myproperty for annexation within your
request that the Town of Oro Valley consider P p
q
community.
Sincerely,
Jason Wolfswinkel
kw
4110 . .• • .
•
945 WEST VISTOSO 111GHLANDS DR1VE!,ORO VALLEY,ARIZONA 85737
TELEPHONE 520.219.9000• TOLL FREE E27.219.9100• FACSIMILE 520.219.8000
•
MEMORANDUM
TO: Chuck Sweet, Town Manager
FROM: Karen Greenspoon, Economic Development
DATE: October 30, 2003
REGARDING: Fiscal Impact for Proposed Area G Annexation
The following is a breakdown of the revenues & expenses associated with
the proposed annexation of Area G. Please see attachments for support.
Area G existing
Annual Revenues $ 3,819.23
(No associated costs at this time)
Area G 5 Year Projection Revenues Generated Per Year
Annual Revenues $89,609.37
Annual Expense (26,890.00)
TOTAL ANTICIPATED REVENUE $62,719.37
(5 Year Period)
On-going: Assuming 35 homes X 2.41 persons for a total population of
84.35:
Cable Franchise $ 504.00
Tax Revenues $26,223.57
Total Revenues $26,727.57
Please let me know if you have any questions concerning these projections.
Respectfully Submitted,
_C:e.
Karen Greenspoon
Cc: Jeff Weir
Scott Nelson
David Andrews
--- -- Town of Oro Valley
CostBenefut Analysis
Area G
1. 5 Residential Units
2. 2.41 Persons per Residence Based on 2000 Census
3. Cable Franchise Calculations:
# of units X 80% (usage factor) X $30. (average monthly bill)
X 5% franchise fee X 12 months
4. State Shared Revenues Per Capita
State Income Tax $ 106.47
State Sales Tax 7 .92
HURF 79.63
Vehicle License Tax 41.41
LTAF 5.46
TOTAL PER CAPITA $ 310.89
Annual Revenues Existing Situation
Cable Franchise $ 72.00
State Share Vehicle License Tax 498.00
State Shared Income Tax 1,282.96
State Shared Sales Tax 938.94
Highway Users Fuels Tax 959.54
LATF b7.79
Total Revenues $3,819.23
There doesn't appear to be any associated costs from the various
departments until additional construction begins. (see attached)
ASSUMPTIONS
With the zoning translated to R1-144 that will equate to approximately 30
new home sites. Using the same equations for population, this would result
in an additional 72 new residents. For expenditure purposes, we will assume
a five year build out. We are also assuming a construction value of
$750,000./home.
Income projected will be non-recurring income amortized over a 5 year
build out.
Building permits: $4,421.25/home X 30 homes / 5 years =
$26,527.50/year
Construction sales tax: 2% of 65% $487.500/home X 30 homes / 5 years =
$58,500.00/year
Cable Franchise Calculations:
# of units (30 homes / 5 years) 6 X 80% (usage factor) X $30. (average
monthly bill) X 5% franchise fee X 12 months = $86.40
State Share Revenues per Capita (see breakdown sheet)
$310.89/person/year
6 homes per year X 2.41 persons per household X $310.89 = $4,495.47/year
Year 1- 5
Building Permit Fees $26,527.50
Construction Sales Tax Revenue 58,500.00
Cable Franchise 86.40
State Shared Taxes 4,495.47
Total Revenue per year $89,609.37
5 Year Total $448,046.85
r
Using our assumptions and calculations from Public Works and Building
Safety, the following are our projected expenses. Please see documented
responses from the various departments. Water will cover their expense
with impact fees.
Building Safety anticipates a 2% impact per year on his staff time which
calculates to: $24,400.00
Public Works will contribute 10 staff and 1 administrative hour for each
custom home with calculates to $419.00 X 6 per year: $2,490.00
Annual Revenue $ 89,609.37
Annual Expense (26,890.00)
TOTAL ANTICIPATED REVENUE $62,719.37
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Oro Valley Arizona 85737
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DANIEL G. SHARP, Chief of Police !'` d '{: WWW.OVpd.org
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ORO VALLEY POLICE DEPARTMENT
� I
"INTEGRITY, PRIDE, EXCELLENCE"
TO: Karen Greenspoon
tr t a.
iM1:
FROM: ': aniel G. Sharp
RE: Annexation Area G
DA'Z'E: 10-17-03
On October 16th a crime analysis was conducted in reference to the e proposed
annexation area G. After reviewing the data, it appears that this proposed
annexation would cause a negligible impact in cost providing service to this
area at this time.
message rage I or I
Greenspoon, Karen
From: Sharp, Daniel
Sent: Wednesday, October 29, 2003 9:24 AM
To: Greenspoon, Karen
Subject: RE: Area G
The potential build out was assumed in our response.
Original Message
From: Greenspoon, Karen
Sent: Wednesday, October 29, 2003 9:06 AM
To: Jansen, Bill; Vosler,Terry; Sinclair, Brent; Nodine, Bryant; Sharp, Daniel; Reeder, Ainsley
Cc: Weir, Jeffrey
Subject: Area G
Thank you all for your response on additional expenses for Area G which is the area just south of Stone
Canyon.
We now need to do an assumption on this annexation. I apologize for the additional work. The zoning
translation is R1-144. Assuming this,there should be an additional 30 new residences on a little over 3
acre parcels. These will assumed to be very high end residential. We will assume a 5 year build out.
Will this change your costs? I would also need an estimate of Sales Tax on construction and building
permit income.
Your prompt response will be appreciate. Again, sorry for the additional work. Thanks...Karen
10/30/2003
r
ORO VALLEY WATER UTILITY
MEMORANDUM
TO: Alan Forrest,Water Utility Director I
FROM: Shirley Seng, Utility Administrator
DATE: October 15, 2003
SUBJECT: Annexation Area G
In response to the attached memo from Karen Greenspoon, please be advised that there should be
no financial impact to the OVWU if the proposed annexation is successful. We do not currently
have any water customers in this area. Should the Town annex Area G and decide to provide water
service, it is assumed that water facilities for "new development"would be financed through impact
fees.
It is my understanding that the Engineering Division will•be providing you information regarding
water facilities that may be needed to deliver water to the subject area.
MEMORANDUM
TO: Karen Greens Economic Development Specialist
poon,
FROM: Chuck Sweet, Town Manager
DATE: October 13, 2003
SUBJ: Annexation Area G
In response to your recent memo regarding Annexation Area G, the Town Manager's
department does not anticipate any significant additional costs to serve that area.
Chuck Swee
Town Manager
i 1
f
MEMORANDUM
TO:
Karen Greenspoon
Economic Development
FROM: Kathryn Cuvelier, Town Clerk
DATE: October 10, 2003
SUBJ: Annexation Area G
I have reviewed thero osed annexation map for Area G and find that if the Town were
p p
to annex this parcel with only 5 homes in the area, there would be no impact to the
Clerk's Office.
Thank you.
14-4,C 06u),Le.—
Kathryn Cuvelier, CMC
Town Clerk
iv>
MEMORANDUM
TO: Chuck Sweet Town Manager
Town of Oro Valley Department Heads
FROM: Karen Greenspoon
Economic Development
DATE: October 10, 2003
SUBJECT: Annexation Area G
The attached map (proposed annexation area G) is a 135.9 acre parcel South
of Stone Canyon and North of LaCholla Air Park. There are 5 homes in this
proposed area with the majority being undeveloped land.
Could you please provide to me, in writing, an estimated cost of services to
your department should this area become a part of the Town of Oro Valley.
I would need to get your estimates by Friday, October 17th.
Thanks for your cooperation. -;! Y-L
4
1/\
-
d s #
a r a6c 1 vi 1
.
Greenspoon, Karen
From: Reeder,Ainsley
Sent: Monday, October 13, 2003 2:34 PM
To: Greenspoon, Karen •
Cc: Sinclair, Brent
Subject: Annexation Area G
The Parks and Recreation staff has reviewed
"Area G" and has determined that there would not be any cost
incurred by this Division should this area become a part of the Town.
10/]3/2003
TOWN OF ORO VALLEY
DEPARTMENT OF PUBLIC WORKS
INTEROFFICE MEMORANDUM
TO: KAREN GREENSPOON
FROM: BILL JANSEN
SUBJECT: ANNEXATION A EA "C"(�
DATE: OCTOBER 23, 2003
As requested, attached are estimated costs of services for Area "G". The cost
estimate from Development Review assumes that the 135.9 acres will eventually
be developed as 1 acre single family homes.
If you have any questions, please contact me.
Page lof1
Jansen, Bill
From: Zukas, John
Sent: Monday, October 20, 2003 3:10 PM
To: Jansen, Bill
Subject: Annexation area information Request-Annexation Area G
Hello Bill,
Per your e-mail dated October 13, 2003 regarding Annexation Area G, my review of the area indicates that those
residents would have little to no impact (fiscally) pursuant to transit services (i.e. Coyote Run).
e have not been previously eligible to ride Handicar and would not fall into the same situation as Ms.
Also,they
Kountoupis (i.e. weekend service).
...Therefore, I would include $0 as an impact per this annexation.
Thanks,
John
10/20/2003
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Pagelof1
Jansen, Bill
From: Nzomo, Paul
Sent: Wednesday, October 22, 2003 9:26 AM
To: Jansen, Bill
Subject: Annexation information G
Hi Bill, I have reviewedY our request for the fiscal impact to Engineering as it pertains to the proposed annexation
G. With the assumption that streets will be private, the fiscal impact to engineering will be very minimal.
Thanks
Paul
10/23/2003
Message Page 1 of 1
Greenspoon, Karen -
From: Jansen, Bill
Sent: Wednesday, October 29, 2003 4:11 PM
To: Greenspoon, Karen
Subject: RE: Area G
We are comfortrable with our estimates.
Original Message
From: Greenspoon, Karen
Sent: Wednesday, October 29, 2003 9:06 AM
To: Jansen, Bill; Vosler,Terry; Sinclair, Brent; Nodine, Bryant; Sharp, Daniel; Reeder, Ainsley
Cc: Weir, Jeffrey
Subject: Area G
Thank you all for your response on additional expenses for Area G which is the area just south of Stone
Canyon.
We now need to do an assumption on this annexation. I apologize for the additional work. The zoning
translation is R1-144. Assuming this,there should be an additional 30 new residences on a little over 3
acre parcels. These will assumed to be very high end residential. We will assume a 5 year build out.
Will this change your costs? I would also need an estimate of Sales Tax on construction and building
permit income.
Your prompt response will be appreciate. Again, sorry for the additional work. Thanks...Karen
10/30/2003
Message rage 1 Ul L
I
Greenspoon, Karen
From: Vosler,Terry
Sent: Monday, October 20,2003 10:24 AM
To: Greenspoon, Karen
Subject: RE: Annexation Services Cost
I could have approximately a 2% impact on staff time and cost of services. Based upon Building Safety Division's
budget for this year that would be approximately $24,400.00.
Original Message
From: Greenspoon, Karen
Sent: Thursday, October 16, 2003 1:06 PM
To: Vosler, Terry
Subject: RE: Annexation Services Cost
It was supposed to be in Friday but Monday would be fine...even Wednesday since I'm going to YOUR
SEMINAR! Thanks, Terry Karen
Original Message
From: Vosler, Terry
Sent:Thursday, October 16, 2003 8:31 AM
To: Greenspoon, Karen
Subject: RE: Annexation Services Cost
thanks, when do you need this information? l am out of the office starting at noon today & will be
back Monday.
Original Message
From: Greenspoon, Karen
Sent: Monday, October 13, 2003 8:32 AM
To: Vosler,Terry
Subject: RE: Annexation Services Cost
Our zoning translates to R1-144 Obviously high end, ; would suppose. IT"S ORO
.71
VALLEY!
Original Message
From: Vosler,Terry
Sent: Friday, October 10, 2003 5:25 PM
To: Greenspoon, Karen
Subject: Annexation Services Cost
HI KAREN, I WILL NEED A LITTLE MORE INFORMATION ON THE ANNEXATION
OF THE 135.9 ACRE PARCEL IN STONE CANYON IN ORDER TO GIVE YOU AN
ESTIMATE OF COST OF SERVICES. FOR EXAMPLE. WHAT TYPE OF
DEVELOPMENT CAN WE EXPECT (HIGH END CUSTOM HOMES, HIGH END
HOTEL, ETC.), WITH WHAT DENSITIES (NUMBER OF HOMES PER ACRE)?
THANKS TV
10/21/2003
Message Page 1 of 1
Greenspoon, Karen
From: Nodine, Bryant
Sent: Wednesday, October 29, 2003 3:34 PM
To: Greenspoon, Karen
Cc: Sinclair, Brent
Subject: RE: Area G
This is a break-even for
P&Z. There are costs associated with the development review, but we
don't need additional staff and we do charge fees.
This may help:: The fiscal impact model that we did for the General Plan indicates an average
annual impact over 20 years of about -S2,500 per acre. In other words pretty much a break-
even. Over a shorter-term like 5 to 10 years there should be a positive return.
eq uest to bring some of the area in to the PAD to do 1-acre lots.
Ultimately, RV will r
Original Message
From: Greenspoon, Karen
Sent: Wednesday, October 29, 2003 9:06 AM
To: Jansen, Bill; Vosler, Terry; Sinclair, Brent; Nodine, Bryant; Sharp, Daniel; Reeder, Ainsley
Cc: Weir, Jeffrey
Subject: Area G
Thank you all for your response on additional expenses for Area G which is the area just south of Stone
Canyon.
We now need to do an assumption on this annexation. I apologize for the additional work. The zoning
translation is R1-144. Assuming this, there should be an additional 30 new residences on a little over 3
acre parcels. These will assumed to be very high end residential. We will assume a 5 year build out.
Will this change your costs? I would also need an estimate of Sales Tax on construction and building
permit income.
Your prompt response will be appreciate. Again, sorry for the additional work. Thanks...Karen
10/30/2003
Message rage 1 or 1
Greenspoon, Karen
From: Weir, Jeffrey
Sent: Wednesday, October 29, 2003 9:08 AM
To: Greenspoon, Karen
Subject: RE: Area G
Karen, Have everyone assume a value per residence (building costs basis) of$ 750,000.
Original Message
From: Greenspoon, Karen
Sent: Wednesday, October 29, 2003 9:06 AM
To: Jansen, Bill,
• Vosler,Terry;r ; Sinclair, Brent; Nodine, Bryant; Sharp, Daniel; Reeder, Ainsley
Cc: Weir,Jeffrey
Subject: Area G
Thank you all for your response on additional expenses for Area G which is the area just south of Stone
Canyon.
We now need to do an assumption on this annexation. I apologize for the additional work. The zoning
translation is R1-144. Assuming
this there should be an additional 30 new residences on a little over 3
,
acre parcels. These will
assumed to be very high end residential. We will assume a 5 year build out.
Will this change your costs? I
would also need an estimate of Sales Tax on construction and building
permit income.
Again, sorry prompt response will be appreciate. 9 for the additional work. Thanks...Karen
10/30/2003
o
4
r
19 ,
TOWN OF ORO VALLEY
"TAFF REPORT TO TOWN COUNCIL MEETING DATE: February 4, 2004
TO: HONORABLE MAYOR AND COUNCIL
FROM: David Ronquillo, Planner I
SUBJECT: OV12-02-11, CENTRES INC, REPRESENTING ECKERD'S DRUG STORE, REQUESTS
APPROVAL OF A MASTER DEVELOPMENT PLAN FOR A COMMERCIAL CENTER
AND SPECIFIC DEVELOPMENT PLAN FOR THE ECKERD'S DRUG STORE;
LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND HARDY
ROAD, PARCEL #22512065A
BACKGROUND:
At the regular meeting of December 17, 2003, the Town Council voted unanimously to recommend continuance
of this project until the February 4,2004 meeting to give the Board of Adjustment time to hear an appeal of the
Planning & Zoning Administrator's interpretation regarding a zoning code issue that impacts the development
plan layout. The Board of Adjustment upheld the Planning & Zoning Administrators interpretation on January
27, 2004. That decision allows the plan to go forward as presented.
NEW INFORMATION:
This report provides new information since the December 17, 2003 report (attached). Centres Inc. has
submitted a revised drainage and landscape design for the east side bufferyard, which abuts the Shadow
Mountain Estates subdivision. The applicant has sent out the revised design to the surrounding property owners
for comments (see attached letter). To date, no comments regarding the revised design have been received by
Staff.
The previous bufferyard design submitted did not achieve the DRB's condition of approval nor did it address
the neighbor concerns. The new bufferyard design meets the DRB condition of approval by providing the
following;
• A narrow meandering drainage swale with rip rap rock native in color along the entire length of the
bufferyard.
• Adequate vegetation (trees and shrubs) adjacent to the swale to the greatest extent possible with large
pockets of landscaping.
• Boulders and stones have been placed within the buffer.
Even though this is a better design, Staff asserts that there are other viable options, which the applicant may
utilize to achieve maximum screening and eliminate the visibility of the rip rap along the bufferyard. The
options are specified in the previous Staff memorandum to Town Council.
RECOMMENDATION:
A is recommended that the Town Council approve the Master Development Plan and Specific Development Plan
for this project with the conditions listed in the attached Exhibit"A".
F:\ov\ovinoo2\ov 12-02-11\reports\DPTCrpt.2-4-04.addendum.doc
r.
TOWN OF ORO VALLEY
LTAFF REPORT TO TOWN COUNCIL Page 2
SUGGESTED MOTIONS:
The Town Council may wish to consider one of the following motions:
I move to approve OV 12-02-11, Master Development Plan and Specific Development Plan, with the conditions
listed in Exhibit "A" attached herewith.
OR
I move to approve OV 12-02-11, Master Development Plan and Specific Development Plan, with the conditions
listed in Exhibit "A" and the following added conditions: .
OR
I move to deny OV 12-02-11, Master Development Plan and Specific Development Plan, finding
that: .
Attachments:
1. Exhibit "A"Revised Conditions of Approval (supercedes the previous Exhibit "A")
2. Exhibit 1 - East Side Bufferyard Design
1. Exhibit 2 - East Side Bufferyard Landscaping Design
4. Exhibit 3 - Cross Section of Bufferyard
5. Centres Inc. letter to residents
6. Town Council report dated December 17, 2003
cc: Tyler Watson, Fax: 480-759-4872
Keri Silvyn, (520) 879-4721
i"
r,,
.4._.. _ L
P l a Ainci Zonin 1 Admin' trator
Corn, un y •evelopm: i Director
i
/
..-
.2
Town Manager
F:\ov\ovinoo2\ov 12-02-11\reports\DPTCrpt.2-4-04.addendum.doc
•
REVISED EXHIBIT "A"
OV12-02-11
MASTER DEVELOPMENT PLAN
1 . All PAAL cross slopes shall comply with the Town of Oro Valley's Subdivision Street Standards; section
4.11 (maximum of 4% cross slope for drainage).
2. All ADA parking shall comply with ADA standards.
3. All parking space dimensions, scaled and noted in plan view shall match the referenced detail on sheet SD4
for typical and ADA compliant parking.
4. Provide a detail for the hydraulic design at the confluence of Off CP1 and Off CP2 on the development
plan.
5. Provide Pre development Q values for each on-site drainage course for which the 100 year frequency flood
(Q100) equals or exceeds 50 cfs at the point of entering or leaving the site on Exhibit B.
6. Provide an addendum from the Geotechnical Engineer of Record that will allow the fill slope to be
constructed greater than 3:1 (H:V) as shown in detail 6/SD4.
7. Provide an addendum from the Geotechnical Engineer of Record that will allow the cut slope to be greater
than 2.5:1 (H:V) at the highpoint of the northeast corner of the site, directly west of the east buffer site wall.
,. A type 2 Grading permit will not be issued for the site until arrangements acceptable to the Town and the
Golder Ranch Fire District have been made to:
• Ensure fire protection and dust control during construction; and
• Provide sufficient fire flow upon issuance of a temporary certificate of occupancy.
F:\ov\ovi2\2002\0V12-02-11\reports\DPTCrpt.2-4-04.addendum.doc
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1 ' T R E S - I N .
_ _ _ _ - -
- 4111kk AMIllr-
JAN 1 3 2004
_44.ir
January 12, 2004
Dear Neighbor:
I am writing to update you on the status of the development at the northeast corner of
Hardy and Oracle and make certain you are aware of the east bufferyard/drainage design. As
many of you know, I have attended at least three neighborhood meetings to discuss this
development and have had numerous meetings with individual neighbors upon request.
The primary concern voiced by neighbors is the east bufferyard/drainage design.
Although many of you have differing detail preferences (i.e.: location of wall, design of drainage
swale), the primary concerns we have heard are that the bufferyard/drainage look natural and
attractive, and that it include a wall to buffer sound. As most of you may remember, our first
proposal showed a rather large drainage-way with a wall and no additional vegetation. However,
through the various meetings, we have substantially modified and enhanced that design to
provide you an attractive, natural bufferyard/drainage design.
Attached to this letter are three drawings. The first shows a cross-section from the
eastern edge of the parking lot to our east property line. The second two are development plan
and landscape plan aerials views of Phase I, focusing on the east bufferyard. As you can see, we
are providing a 50-foot buffer from our east property line to the easternmost portion of the
parking lot. (Including the 20-foot graded alleyway, the buffer is actually 70 feet wide.) Within
the 50-foot buffer will be enhanced landscaping, a wall, and a drainage swale. The wall is
located approximately 20 feet from the east property line in order to provide enhanced
landscaping between the neighborhood and the wall.
Also included in the 20 feet east of the wall is the drainage swale. In response to
neighbor requests, we have provided a meandering, rather narrow (approximately five feet)
drainage swale. In order to maintain the swale at five feet for its entire length, there will be
native-colored rock riprap in the swale (at least at the southern end where flows are greater.) The
design objective is to create a natural appearance. We are truly excited about the design of this
bufferyard, as it will provide a natural, attractive buffer to the development.
If you have any questions or concerns, please feel free to contact me at 480-759-4870,
extension 17, or Keri Silvyn in Tucson at 629-4438.
Tyler Watson
Project Manager
cc: Mr. David Ronquillo,
Town of Oro Valley Planning Department
Real Estate Development • Construction • Management
3930 East Ray Road. Suite 240, Phoenix, AZ 85044 (480) 759-4870 Fax (480) 759-4872
•
' R
TOWN OF ORO VALLEY
-STAFF REPORT TO TOWN COUNCIL MEETING DATE: December 17, 2003
TO: HONORABLE MAYOR AND COUNCIL
FROM: David Ronquillo, Planner I
SUBJECT: OV12 02 11, CENTRES INC REPRESENTING ECKERD'S DRUG STORE, REQUESTS
APPROVAL OF A
MASTER DEVELOPMENT PLAN FOR A COMMERCIAL CENTER
AND SPECIFIC DEVELOPMENT PLAN FOR THE ECKERD'S DRUG STORE;
LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND HARDY
ROAD, PARCEL #22512065A
BACKGROUND:
of 8.85 acres and the zoningis C-1 Commercial. Currently, the site is vacant and
The subject property consists
undeveloped. The property
slopes from the northeast corner to the southwest corner approximately 40' and due
constraints, the property has been very difficult to develop in the past.
to the topographical
Recently, a conditional use permitapprovedby
was Town Council for the Eckerd's Drug Store double drive-
through
'
through window. The drive-through is defined in the OVZCR as a convenience use; therefore, a use permit was
g
required to assure land use compatibility. The proposed uses are permitted on this site.
SUMMARY:
The site has been designed in a stair-stepped method, where three main areas of the property vary in elevation.
The Eckerd's Drug Store is situated on the lowest part of the site, approximately 2,648 elevation. The restaurant
and parkingarea directlysouth are slightly higher in elevation, approximately 2,656
on the northwest corner
elevation. The
remainingrestaurants, office/retail uses and parking area along the east side of the property are
on the highest portion of the
site, which varyfrom 2,661-2,671 elevation. There is also an 8' difference in
elevation between the adjacent residential homes and the eastern portion of the development.
�
Master Development Plan
Thero osed Master Development plan will consist of the following;
p p
Phase 1
• Eckerd's Drug Store (13,813 sf.)
• Two access drives (Oracle Road and Hardy Road)
• First phase of parking
• Grading for Phase 1 only
• walks for the entire length of Oracle Road and Hardy Road and a bus stop pullout bay
Side g
Phase 2
• Restaurant, adjacent to Oracle Road(6,975 sf.)
• Restaurants (17,525 sf.) and Retail/Office (6,000 sf.) on the east side of the property
• Second phase of parking/plaza area
• Grading for the remainder of the site
F:\OV\OV12\2002\OV 1 2-02-1 1\reports\DPTCrpt.1 2-1 7-03.doc
TOWN OF ORO VALLEY
JTAFF REPORT TO TOWN
COUNCIL Pale 2
Specific Development Plan
plan consists of the Eckerd's Drug specific development Store, which is located on the southwest corner of the
will be built aspart of phase one and will provide general retail sales, a pharmacy and a
property. The drug store
drive-through window (positioned on the north side of the building).
Surrounding Land Uses
North: C-1, Commercial,Undeveloped.
South: C-1, Commercial, Circle K Store &R-6, Multi Family Residential, Existing Apartments.
West: R-6, Multi Family Residential, Existing Apartments.
East: R1-36, Single Family Residential, Shadow Mountain Estates.
O VZCR
The project provides parking, access/circulation, loading area, and landscaping within the site that satisfy the
of the OVZCR. The project, as proposed by the applicant, also meets all bufferyard requirements
requirementsp J
includingthe east bufferyard "B", which could be a minimum of 15 feet wide per code.
ry
East Bufferyard
remainingissue with this project involves the design of the bufferyard wall, landscaping and
he primary p J
designalongthe eastern property line. Because of the way the swale is designed in this area (not
drainage p p
)
allowing adequate vegetation)area for ve this issue has been a significant concern of the residents. As depicted on
g
theplan, the proposed bufferyard design (See Sheet 2 of the Development Plan and Exhibit 1: East Property
p p ry
Bufferyard) integrates ates a 20' landscaped/drainage area directly adjacent to the eastern property of the bufferyard.
The drainage swale meanders from the northeast corner to the southeast corner of the site, increasing in width
through this distance.
The problems with the proposed design include:
• There is vegetation within the floodline banks, which is not acceptable to the Engineering Department
due to its affect on flows.
• There are only limited opportunities to provide landscaping outside the swale as it increases in width; to
pp
the south.
• It does not satisfy the resident concerns for more screening.
• The drainage swale designdoes not meet the intent of the DRB condition of approval, which specifies,
"the buffer alongthe eastern edge of the property must be revised to exclude vegetation within the
ff yard
floodline of the drainage channel. The channels shall be meandered to the greatest extent feasible".
g
Staff'sProposal. The northern portion of the proposed bufferyard design meets the intent of the condition
p
specified by Development Develo ment Review Board and the resident concerns. Staff recommends continuation of the
narro
w-width meandering swale, as in the northern portion, along the entire length of the property line (See
r xhlbit2). Utilizing this design, larger pockets of vegetation at alternating points provide a denser vegetative
screen. Because the drainage swale will be narrowed, the depth will need to increase and rip rap will need to be
installed in the southernp ortions. The rip rap must be a natural earth tone color to blend in with the existing
F:\ov\ovi2\2002\0V12-02-11\reports\DPTCrpt.12-17-03.doc
.
TOWN OF ORO VALLEY
TAFF REPORT TO TOWN COUNCIL
Page 3
vegetation. This design would comply 1 with the DRB condition of approval and satisfy the resident concerns.
Condition#9 has been added
to Exhibit"A" for this to be achieved. This is the recommended option.
on
Other Options. Staff met with the applicantmultiple occasions to discuss other options. The following
°p p
tions are acceptable to staff and are provided for your information:
of the bufferyard screen east
1. A narrow, five-foot, V-Ditch swale could be installed along the portion
wall, allowing the remaining (approximately15') east portion of the bufferyard to be utilized for
vegetation.
2. A retaining wall west of the site wall could be installed, allowing the area between the retaining wall
e swale. The remaining portion of the bufferyard
be utilized for the drainage and the screen wall to g
side of wall, approximately 20') could incorporate a dense vegetation screen..
(east pp to allow
could be placed along the east portion of the screen wall with piping
3. A drainage pipe
parking
into the arkin area. The area east of the drainage pipe could be utilized for
drainage to flow down
dense vegetation (approximately 15').
Drainage
- ' drainage patterns (east to will be maintained. Onsite drainage will be conveyed by a
The existing on site west)
combination of underground detention facilities, inverted crown PAALs and a constructed channel to existing
cle Road. Under
ground detention systems are provided to limit the post developed
drainage facilities along Ora gr'
lows to thep re-developed rate and also serve as the first flush basins.
Grading
q
A Type 2 Grading Permit
will be required to construct the building pads, drainage structures, utilities, parking
for gradingon the development site. A floodplain use permit will also be required.
lot, and any walls necessary p
Traffic
Oracle and HardyRoads. The area highway network will be modified to
Access to the site will be from
Incorporate the traffic generated from this development. The east side of Oracle Road will be provided a
continuous right turn lane g
with a right-in, right-out driveway. A second right-in right-out access is proposed,
q
however, a variance
is required before it can be approved. The intersection's southbound left turn lane on
Oracle Road will be lengthenedto provide rovide 250' of storage. On Hardy Road, a two way left turn lane will be
constructed top rovide left turn movements for driveways on both sides of the street.
DEVELOPMENT REVIEW BOARD ACTION:
At their regular meeting
of November 12, 2003, the Development Review Board (DRB) recommended
plan approval of p
the development for this project. At this meeting, the only significant issue with
the development plan involved the wall and landscaping along the eastern property line. As previously
explained, this has been a concern to the adjacent residents (to the east) since the early stages of the
development process and, after various neighborhood meetings, it has yet to be resolved. In an attempt to
esolve this issue prior to Town Council review of the project, the DRB directed staff to facilitate a
pp
neighborhood meeting
with the applicant and residents (See Public Comment Section for more details). To
date, the majority of the other DRB conditions have been addressed. The remaining conditions, as shown in
F:\ov\ovinoo2\ov12-02-11\reports\DPTCrpt.12-17-03.doc
t •
TOWN OF ORO VALLEY
,AFF REPORT TO TOWN COUNCIL
Page 4
Exhibit A, will be completed prior to final staff certification of the development plan or at the improvement plan
stage.
PUBLIC NOTIFICATION AND COMMENT:
The Development Plan has been notified in accordance with the public notification requirements.
ghg
There have been various neighborhood meetings to date and the following is a summary of each.
• on May27, 2003 to inform the adjacent residents of the proposed
• A neighborhood meeting was held
concerns. At this meeting, the respondents were not in opposition to the
development and to address any
proposed development;
however, they he had concerns with various issues such as lighting, screening,mechanical
equipment of buildings and trafficimpacts.im acts. The applicant submitted a follow up letter highlighting the major
issues of concern(attached).
• A second neighborhood meeting
was held on October 6, 2003 to further address certain issues. Overall, all the
remaining
resident concerns were resolved with the exception of the following two issues;
— residents requested for the height of the lights within 130' of the property line to be
1. Lighting The q �
g
lowered to 10' p agreed located. The developer a reed to lower the height of the lights along the parking area
the property.
on the east side of A general note was added on the development plan.
The residents
2. Screening — requested for the wall and landscaping along the east bufferyard to be
increased with landscaping.additional landsca in . The developer has agreed to increase the bufferyard area
and d provide additional landscaping. A general note was added on the
approximately S
development plan.
• A third neighborhood
meetingwas held on November 24, 2003 to further address the wall and landscaping
along the eastern property
line. Amongother concerns, this issue was the primary focus of the meeting but
in the end, a consensus
was not achieved. Based on the DRB direction and the resident discussions from
this meeting, the applicant submitted a revised plan, however, only partially complied with the DRB
condition regarding the bufferyard.
GENERAL PLAN COMPLIANCE:
Staff has reviewed this request forcompliance with regard to the General Plan Design Policy Elements. In
particular, Policy 1.1E applies, which states, protection rotection shall be an essential aspect of Oro Valley's
d 'ect a roval. " Overall, the development has assured compliance of this policy
community design review an
project pp
by achieving the following;
• All the proposed buildings will be single story
• The project will begn stepped designed in a stair ste ed design, where three main areas of the property will vary
in elevation.
• A viewshed analysis was submitted that assures the preservation of views from Oracle Road and the
adjacent residential homes.
• A 100' natural buffer has been maintained along Oracle Road.
• Once an adequate bufferyard and buff
p
landscape e and are established on the east side of the property, the
development will comply with this policy.
F:\ov\ovi2\2002\0v12-02-11\reports\DPTCrpt.12-17-03.doc
w
TOWN OF ORO VALLEY
STAFF REPORT TO TOWN COUNCIL
Pale 5
PRESENTATION REQUIREMENTS:
- presentations before Boards, Commissions, and Council"must be
As established in Resolution No. (R) 98 31, "all .
' projection system or overhead system. A presentation must be designed to
formatted to be shown on the Town's prod ectl y
insure that the audience, staff, and the votingcan view the graphics. Examples of acceptable computer
body
formats are PowerPoint,ArcView,videotape of presentation boards, and/or overhead transparences.
ent presentation, and coordination of all presentation materials. If an
The applicant is responsible for the development,
applicant does not conform to the aforementioned resolution,the item may be continued due to non-compliance.
RECOMMENDATION:
It is recommended that the Town Councilpp approve the Master Development Plan and Specific Development Plan
for thisp roj ect with the conditions listed in Exhibit A.
SUGGESTED MOTIONS:
The Town Council maywish to consider one of the following motions:
I move to approve OV 120211, Master Development Plan and Specific Development Plan, with the conditions
.sted in Exhibit "A" attached herewith.
OR
Development Plan and Specific Development Plan, with the conditions
I move to approve OV 12 02-11, Master p
listed in Exhibit "A" and the following added conditions: •
OR
I move to deny OV 120211, Development Develo ment Plan and Specific Development Plan, finding
that: •
F:\ov\ovinoo2\ov 1 2-02-1 1\reports\DPTCrpt.1 2-1 7-03.doc
EXHIBIT "A"
OV12-02-11
MASTER DEVELOPMENT PLAN
1. All PAAL cross slopes shall comply with the Town of Oro Valley's Subdivision Street Standards; section
4.11 (maximum of 4% cross slope for drainage).
2. All ADA parking shall comply with ADA standards
3. All parking space dimensions, scaled and noted in plan view shall match the referenced detail on sheet SD4
for typical and ADA compliant parking.
4. Provide a detail for the hydraulic design at the confluence of Off CP1 and Off CP2 on the development
plan.
5. Provide Pre development Q values for each on-site drainage course for which the 100 year frequency flood
(Q100) equals or exceeds 50 cfs at the point of entering or leaving the site on Exhibit B.
6. Provide an addendum from the Geotechnical Engineer of Record that will allow the fill slope to be
constructed greater than 3:1 (H:V) as shown in detail 6/SD4.
7. Provide an addendum from the Geotechnical Engineer of Record that will allow the cut slope to be greater
than 2.5:1 (H:V) at the highpoint of the northeast corner of the site, directly west of the east buffer site wall.
8. A type 2 Grading permit will not be issued for the site until arrangements acceptable to the Town and the
Golder Ranch Fire District have been made to:
• ensure fire protection and dust control during construction; and
• provide sufficient fire flow upon issuance of a temporary certificate of occupancy.
9. The design of the bufferyard along the eastern portion of the site must include the following:
• A narrow width meandering swale (as specified in Exhibit 2) along the entire length of the bufferyard.
No vegetation shall be placed within the drainage swale/banks
• The bufferyard wall will be placed a minimum of 20' feet west of the property line.
• Adequate vegetation (trees & shrubs) must be placed at alternating points to create a dense vegetative
screen.
• The rip rap utilized along the drainage swale must be a natural earth tone color that blends in with the
existing vegetation.
10. The proposed bufferyard changes of the Master Development Plan must also be revised on the landscape
Plan.
F:\OV\OV 12\2002\OV 12-02-11\reports\DPTCrpt.1 2-1 7-03.doc
02/03/04 15:20 FAX 5206223088 LEWIS AND ROCA Z002/002
LEWIS
oz — i'Nk-Le44Z
�
Phoenix Office Tucson 01,1 cc Is s Vegas Office
AND 40 North Central Avenue One South Church Avenue 3993 Howard Hughes Parkway
ROCA Phoenix,Arizona 85004-4429 Suite 700 Suite 600
Telephone(602)262-5311 Tucson.Arizona 85701-1611 Las Vegas,Nevada 89109
—LLP— Facsimile (602)262-5747 Telephone(820)622-2090 Telephone(702)949.8200
LAWYERS Facsimile (520)622-3088 Facsimile (702)949-8398
Kari L.Silvyn
Direct Dial:(520)629.4436
Direct Fax:(520)8794721
E-Mail:KSilvyn@lrlaw.com
Admitted in Arizona
Our File Number 43328-00001
February 3, 2004DISTRIBW-
' "
-
VIA FACSIMILE MAYO
OWN MANAarli
FILE
Mayor Paul Loomis and Members of the Town Council - C.::X�
Town of Oro Valley ,
11,000 North La Canada Drive 0 DEPT HE QUA_,,
Oro Valley, Arizona 85737 iN\ko&O.P.IL
t Z•
Re: Centres Inc.,Development Plan; 0\712-024f
Dear Mayor Loomis and Members of the Town Council:
I represent Centres, Inc., the applicant in the above development plan. We are requesting
a 30-day continuance to your March 3 meeting for consideration of the development plan.
Thank you for your consideration, and I will be available at the hearing to answer any
questions.
Sincerel ,
‘&7rs
Keri L. Silvyn
KLS
cc: Mr. Chuck Sweet (via facsimile)
Mr. Mark Langlitz (via facsimile)
Mr. Brent Sinclair(via facsimile)
Ms. Kathryn Cuvelier(via facsimile)
02/03/04 15:19 FAX 5206223088 LEWIS AND ROCA [ 001/002
LEWIS FACSIMILE TRANSMITTAL
RAND One South Church Avenue Suite 700
OCA Tucson,Arizona 85701-1611
L Telephone (520) 622-2090
LAWYERS Facsimile(520) 622-3088
February 3, 2004
To: Receiving Party/Firm Telephone Number Facsimile Number
Mayor Paul Loomis and Members 229-4711 297-0428
of the Town Council
Town of Oro Valley
Copies to;
Mr. Chuck Sweet 297-0428
Town of Oro
Mark Langlitz,Esq. 229-4760 229-4774
Town of Oro Valley i
Mr.Brent Sinclair 229-4809 742-1022
Town of Oro Valley
Kathryn B. Cuvelier, CMC 229-4740 297-0428
Town of Oro Valley
From: Keri L. Silvyn 9(1/91Direct Telephone: 629-4438
•
Total Pages Including this page: 2 Direct Facsimile: 879-4721
Comments:
Document(s) Being Transmitted: Will not be sent
User No. 4402 Copies Needed 1
Clicnt Matter No. 43328-00001 Cover Sheets Necdcd Y
Ext. 4402 Location
NOTE THIS IS A CONFIDENTIAL AND PRIVILEGED COMMUNICATION. This transmission is intended only for the use of the
individual or entity to which it is addressed,and contains confidential information that is privileged and exempt from disclosure under applicable
law. If the reader of this message is not the intended recipient,or the employee or agent responsible for delivering the message to the intended
recipient, you arc hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in crror,please notify us immediately by telephone and return the original message to us al the above address via the
U.S.Postal Service_
•
2. --cy
February 3, 2004
Reference: 0V12-02-11, Eckerd Drug Store etc.
FEB 3'134Ati 9:2TOV
Dear Mayor and Council,
I am attachinga copyof what I presented at the Board of Adjustment January 27th
meeting relative to the above referenced subject.
Three of the important items relative to the appeal made Mr. Barry Gillaspie are:
1. The charge of$600 for a citizen to make an appeal. There are many citizens living
in Oro Valley who could not afford to spend that much money to make an appeal.
I believe the council needs to change that back to reasonable amount.
2. Code Section 1-102A Interpretation. That clearly states that when an
interpretation of the code is being made to allow a development that does not
meet the code that the allowed development must be kept to a minimum. This is
not being done in this case. The five pads shown for phase two shows the
developer is trying to put in a maximum-not a minimum. I recommend that phase
two proposed development be reconsidered.
3. Code Section 10-407.C.3.a states as I have shown in the copy of my presentation
to the Board of Adjustment. I have never heard a reason why the development
plan didn't go to the Planning and Zoning Commission.
I hope that the council will look at this development closely and only approve
something that will fully meet the code as well as reasonable desires of the citizens
living close by and who are most affected by the development.
Sincerely,
,9(//vi
James D. Kriegh
40 E. Calle Concordia
Oro Valley, Arizona 85737
Copy: Town Manager
Board of Adjustment
Presentation
By J.D.Kriegh
My attention to this matter resulted from reading a newspaper article which
indicated that an Oro Valley Citizen (namely,Mr. Barry Gillaspie) spent $600 to
appeal the Planning & Zoning Administrator's interpretation of the Town Zoning
pp
Code.
It was really a surprise to learn that a citizen would have to spend $600 to try
to protect his "health, safety, peace, comfort, convenience and general welfare' all of
which is stated asp art of the purpose of the Zoning Code. Also should be included is
the protection of a homeowner's property. The Town is supposed to be serving the
citizens of the Town and not the bureaucracy and that charge of$600 has the effect
of doing just the opposite- serving the bureaucracy instead of the citizens.
I also want to state that I have heard a rumor that some Town staff has
indicated that Mountain Shadow Estates (also known as Shadow Mountain Estates
East) was not part of the original Town of Oro Valley. That is not true, the Town
started with the Shadow Mountain Estates Homeowners Association which included
Shadow Mountain Estates East.
Concerning the Town Zoning Administrator's interpretation of the Town
Zoning Code,I believe he made some errors in making his ruling. Before citing
these errors I want you to know that I have no objection to the Eckard Drugstore
being built on this site.
In examining the Code, the first thing that I looked at was Sec. 1-102 A
Interpretation. This states 'When the provisions of this code are interpreted or
applied, they shall be held to be the minimum requirements for the promotion of the
public safety, health, and general welfare'. This cannot mean the minimum
requirements are to be applied to the `promotion of public safety etc. If it was
referring to that part of the sentence it would have to say `maximum'. Therefore,
this means the development of the site is to be held to a minimum when meeting the
requirements of the code. The development plan indicates that much more than
`minimum' is being proposed for the site.
Under Section 10-407.C.3.a as cited by the Zoning Administrator another
requirement was overlooked. Part of the section states `Additional pads, requiring
further increments of principal building gross floor area (GFA) may be permitted
only by express Commission approval Under Chapter 2 `Definitions' the code
says `Commission' is defined and states that `Commission shall mean the Planning
Commission of the Town of Oro Valley unless the context indicates otherwise'. It is
•.
my understanding plans that these have not gone to the Planning Commission as
specifically required by the code.
Another item I believe was misused is that listed under the Oracle Road
.
i Corridor OverlayDistrict relevant goals/objectives under part B. This states
Scenic
'Maintaining Property inin Pro ert values is regarded as an overall priority...' If this section
isn't meant to include the property values of the surrounding properties then, again,
the bureaucracy is being served instead of the citizens of the Town.
In conclusion, and with all due respect to the Zoning Administrator,I want
to say
that it is my opinion inion that the Zoning Administrator's interpretation of the
Code as applied to this proposed development is not correct and does indeed,
Town Co pp p P
violate, the Code.
Respectfully,
James D. Kriegh
40 E. Calle Concordia
Oro Valley,Arizona
TOWN OF ORO VALLEY I 0
COUNCIL COMMUNICATION MEETING DATE: February 4, 2004
TO: HONORABLE MAYOR & TOWN COUNCIL
FROM: Chuck Sweet, Town Manager
SUBJ: DISCUSSION, CONSIDERATION, AND/OR POSSIBLE ACTION
REGARDING THE ORO VALLEY TOWN CODE SECTION 4-1-8 AND
OTHER MATTERS INVOLVING COUNCIL/PUBLIC SAFETY EMPLOYEE
RELATIONS AND PROCESSES.
SUMMARY:
This agenda item was requested by Council Member Dick Johnson to be presented at
this evening's meeting. Please see the attached memorandum from Council Member
Dick Johnson dated January 27, 2004 regarding the possible formation of a Blue
Ribbon Panel and also attached is Oro Valley Town Code Section 4-1-8, Council/Public
Safety Employee Relations and Processes.
ATTACHMENTS:
1 . Memo dated January 27, 2004 from Council Member Dick Johnson
2. Oro Valley Town Code Section 4-1-8, Council/Public Safety Employee
1100 Relations and Processess
11°
1
f
Chuck Sweet, Town Manager
q
OO s , ;T r\t }r•it i ti,
- TOWN OF ORO VALLEY
C
11000 N. LA CANADA DRIVE
ORO VALLEY, ARIZONA 85737
Administrative Offices(520)297-2591 Fax(520)297-0428
I F
°UN D EO N TO: Mayor and Council
SUBJECT: Formation of a Blue Ribbon Panel
DATE: January 27, 2004
I am deeply concerned about the potential of a deep seated polarization of this community over
the police issue. It is in this regard that I am proposing the formation of a Blue Ribbon Panel to
assist us in resolving this issue.
Because of the nature of this issue it is imperative that the members of this panel be respected,
trusted and experienced in management, and labor relations as well as be problem solvers.
The following individuals have graciously agreed to serve on this panel if so asked.
1. General John Wickham
2. Dick Tracy
3. Dale Turnbull (Past President of Caterpillar)
4. Chuck Walton
5. Jack Redavid(Chair of our Grievance Committee)
Collectively they bring years wisdom and experience. It is important to note that this committee
will not negotiate nor represent the Town in collective bargaining matters. It will focus on
recommendations to the Council that will lead to long term solutions of our recurrent debate on
public safety concerns.
I would anticipate that this panel will conclude its work in about a month. I am asking that this
matter be placed on the agenda for both the executive session of the February 4th meeting and the
regu ar Council meeting.
gOlvev)01_,_
Dick Jo son
Councilmember
Cc: Chuck Sweet, Town Manager
Kathi Cuvelier, Town Clerk
Mark Langlitz, Town Attorney
ORO VALLEY TOWN CODE
Section 4-1-7 Official Recognition of Public Safety Employee Associations
Public safety employee associations are formally recognized as non-exclusive
representatives of commissioned Oro Valley police officers with a rank of
Sergeant or lower.
Section 4-1-8 Council/Public Safety Employee Relations and Processes
(A) The Town Council recognizes the right of public safety employees to join
employee associations which comply with the laws of Arizona and to present proposals
and testimony to the Town Council, and not to be discharged, disciplined or
discriminated against because of the exercise of those rights.
(B) The Town Council will make arrangements to meet annually with representatives
of any such employee association(s) to review recommended or proposed changes to
compensation plans, benefits plans, or other issues which significantly affect working
conditions. To provide for subsequent budget actions, if required, such meetings should '
be concluded no later than February 15 of the fiscal year.
(C) To provide for action as defined in Section B, above, the Town Council may
designate an individual councilmember to act as Liaison to meet pursuant to a schedule
which is mutually agreed upon by the Liaison and the employee association(s) to discuss
issues as identified in Section B. It must be emphasized that the role of the Liaison is that
of a facilitator to enhance the communication process. In addition, in their role as
Liaison, an individual councilmember is not acting as a decision-maker or negotiator.
(D) Should the employee association(s) disagree about a specific course of action,
items of discussion may be brought forward for public hearing at a future Council
meeting. Issues of this nature shall be placed on an agenda within the timeframe of the
next three (3) regularly scheduled Council Meetings.
(E) No Town public safety employee of any such employee association(s) shall be
discharged, disciplined or discriminated against because of participation in the processes
provided herein.
/1'94
O00,,,,A7***'
40TOWN OF ORO VALLEY
11000 N. LA CANADA DRIVE
ORO VALLEY,ARIZONA 85737
Administrative Offices(520)229-4700 Fax(520)297-0428
www.townoforovalley.com
1111111.110101 A
UNDER
TO: Mayor and Council
SUBJECT: Formation of a Blue Ribbon Panel
DATE: January 27, 2004 (Revised February 3, 2004)
p
I
am deeply concerned about the potential of a deep seated polarization of this
community over police the issue. It is in this regard that I am proposing the formation of
a Blue Ribbon Panel to assist us in resolving this issue.
Because of the nature of this issue, it is imperative that the members of this panel be
respected, trusted and experienced in management, and labor relations as well as be
problem solvers.
The •
followingindividuals have graciously agreed to serve on this panel if so asked.
1. General John Wickham (retired Chief of Staff of the U.S. Army).
2. Dick Tracy (retired Captain of the Chicago Police Department).
3. Dale Turnbull (Past President of Caterpillar).
4. Chuck Walton (Attorney with labor relations experience).
5. Jack Redavid (Chair of our Grievance Committee, retired Human
Resources Director for the City of Tucson and now Assistant Chancellor
for Human Resources for Pima Community College).
Collectivelytheybring years of wisdom and experience. It is important to note that this
committee will not negotiate nor represent the Town in collective bargaining matters. It
will focus on recommendations to the Council that will lead to long term solutions of our
recurrent debate onp ublic safety concerns. If possible, it should have the capability to
hold executive sessions.
would anticipate that thispanel will conclude its work in about a month. I am asking
I p that this matter be placed on the agenda for both the executive session of the February
4th
meeting
and the regular Council meeting. Prior to beginning, this Panel would meet with
the Council in a study session to discuss scope, administrative details, and other matters
that are germane to its work.
Dick Johnson
Councilmember
cc: Chuck Sweet, Town Manager
Kathi Cuvelier, Town Clerk
Mark Langlitz, Town Attorney
\-`EY
TOWN OF ORO VALLEY
It 11000 N. LA CANADA DRIVE
ORO VALLEY,ARIZONA 85737
Administrative Offices(520)229-4700 Fax(520)297-0428
www.townoforovalley.com
JD
O
°NDED1
TO: Mayor and Council
SUBJECT: Formation of a Blue Ribbon Panel
DATE: January 27, 2004 (Revised February 3, 2004)
I am deeply concerned about the potential of a deep seated polarization of this
community over the police issue. It is in this regard that I am proposing the formation of
a Blue Ribbon Panel to assist us in resolving this issue.
Because of the nature of this issue, it is imperative that the members of this panel be
respected, trusted and experienced in management, and labor relations as well as be
problem solvers.
The following individuals have graciously agreed to serve on this panel if so asked.
1. General John Wickham (retired Chief of Staff of the U.S. Army).
2. Dick Tracy(retired Captain of the Chicago Police Department).
3. Dale Turnbull (Past President of Caterpillar).
4. Chuck Walton (Attorney with labor relations experience).
5. Jack Redavid (Chair of our Grievance Committee, retired Human
Resources Director for the City of Tucson and now Assistant Chancellor
for Human Resources for Pima Community College).
Collectively they bring years of wisdom and experience. It is important to note that this
committee will not negotiate nor represent the Town in collective bargaining matters. It
will focus on recommendations to the Council that will lead to long term solutions of our
recurrent debate on public safety concerns. If possible, it should have the capability to
hold executive sessions.
I would anticipate that this panel will conclude its work in about a month. I am asking
that this matter be placed on the agenda for both the executive session of the February 4th
meeting and the regular Council meeting. Prior to beginning, this Panel would meet with
the Council in a study session to discuss scope, administrative details, and other matters
that are germane to its work.
Dick Johnson
Councilmember
cc: Chuck Sweet, Town Manager
Kathi Cuvelier, Town Clerk
Mark Langlitz, Town Attorney
TOWN OF ORO VALLEY 10
COUNCIL COMMUNICATION MEETING DATE: February 4, 2004
TO: HONORABLE MAYOR & TOWN COUNCIL
FROM: Chuck Sweet, Town Manager
SUBJ: DISCUSSION, CONSIDERATION, AND/OR POSSIBLE ACTION
REGARDING THE ORO VALLEY TOWN CODE SECTION 4-1-8 AND
OTHER MATTERS INVOLVING COUNCIL/PUBLIC SAFETY EMPLOYEE
RELATIONS AND PROCESSES.
SUMMARY:
This agenda item was requested by Council Member Dick Johnson to be presented at
this evening's meeting. Please see the attached memorandum from Council Member
Dick Johnson dated January 27, 2004 regarding the possible formation of a Blue
Ribbon Panel and also attached is Oro Valley Town Code Section 4-1-8, Council/Public
Safety Employee Relations and Processes.
ATTACHMENTS:
1 . Memo dated January 27, 2004 from Council Member Dick Johnson
2. Oro Valley Town Code Section 4-1-8, Council/Public Safety Employee
Relations and Processess
411,/ "Lee4/. -
Chuck Sweet, Town Manager
. BEY
0 0
0 61)
2n4i4tq C3:14, TOV
TOWN OF ORO VALLEY
11000 N. LA CANADA DRIVE
ORO VALLEY, ARIZONA 85737
Administrative Offices(520)297-2591 Fax(520)297-0428
A
11.
.�. - --
`'1-/N D EO 0,1N TO: Mayor and Council
SUBJECT: Formation of a Blue Ribbon Panel
DATE: January 27, 2004
I am deeply concerned about the potential of a deep seated polarization of this community over
the police issue. It is in this regard that I am proposing the formation of a Blue Ribbon Panel to
assist us in resolving this issue.
Because of the nature of this issue it is imperative that the members of this panel be respected,
trusted and experienced in management, and labor relations as well as be problem solvers.
The following individuals have graciously agreed to serve on this panel if so asked.
1. General John Wickham
2. Dick Tracy
3. Dale Turnbull (Past President of Caterpillar)
4. Chuck Walton
5. Jack Redavid(Chair of our Grievance Committee)
Collectively they bring years wisdom and experience. It is important to note that this committee
will not negotiate nor represent the Town in collective bargaining matters. It will focus on
recommendations to the Council that will lead to long term solutions of our recurrent debate on
public safety concerns.
I would anticipate that this panel will conclude its work in about a month. I am asking that this
matter beg
p laced on the agenda for both the executive session of the February 4th meeting and the
reg ar Council meeting.
Dick Jo son
Councilmember
Cc: Chuck Sweet, Town Manager
Kathi Cuvelier, Town Clerk
Mark Langlitz, Town Attorney
ORO VALLEY TOWN CODE
Section 4-1-7 Official Recognition of Public Safety Employee Associations
Public safety employee associations are formally recognized as non-exclusive
representatives of commissioned Oro Valley police officers with a rank of
Sergeant or lower.
Section 4-1-8 Council/Public Safety Employee Relations and Processes
(A) The Town Council recognizes the right of public safety employees to join
employee associations which comply with the laws of Arizona and to present proposals
and testimony to the Town Council, and not to be discharged, disciplined or
discriminated against because of the exercise of those rights.
(B) The Town Council will make arrangements to meet annually with representatives
of any such employee association(s) to review recommended or proposed changes to
compensation plans, benefits plans, or other issues which significantly affect working
conditions. To provide for subsequent budget actions, if required, such meetings should
be concluded no later than February 15 of the fiscal year.
(C) To provide for action as defined in Section B, above, the Town Council may
designate an individual councilmember to act as Liaison to meet pursuant to a schedule
which is mutually agreed upon by the Liaison and the employee association(s) to discuss
issues as identified in Section B. It must be emphasized that the role of the Liaison is that
of a facilitator to enhance the communication process. In addition, in their role as
Liaison, an individual councilmember is not acting as a decision-maker or negotiator.
(D) Should the employee association(s) disagree about a specific course of action,
items of discussion may be brought forward for public hearing at a future Council
meeting. Issues of this nature shall be placed on an agenda within the timeframe of the
next three (3) regularly scheduled Council Meetings.
(E) No Town public safety employee of any such employee association(s) shall be
discharged, disciplined or discriminated against because of participation in the processes
provided herein.