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HomeMy WebLinkAboutPackets - Council Packets (1316) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION JANUARY 9, 2002 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL 1. Pursuant to ARS 38-431.03(A)(3) discussion or consultation with the Town Attorney relating to Vistoso Partners LLC request for withdrawal of the petition to annex Rancho Vistoso, Neighborhood 12 into the boundaries of the Town of Oro Valley 2. Pursuant to ARS 38-431.03(A)(3) discussion or consultation with the Town Attorney relating to Tortolita v. Oro Valley, Pima County Cause No. C328365 and related cases RESUME REGULAR SESSION AT OR AFTER 7:00 PM 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 —According to the Arizona Open Meeting Law, the Town Council may only discuss matters listed on the Town Council Agenda. Matters brought up by the public under "Call to Audience"cannot be discussed by the Town Council as they have not been placed on the agenda. Any items must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience'; please specify what you wish to discuss when completing the blue speaker card. 01/09/02 Agenda, Council Regular Session 2 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 12/11/01; 12/19/01 B. Finance Report— November 30, 2001 C. Resolution No. (R)02-01 Award of contract for AudioNisual Multi- Media System for Development Services Building to Electronics City in the amount of $48,995.00 D. Resolution No. (R)02-02 Award of contract for Project No. OV30 00/01-02 Smokethorn Drive Drainage Improvements to K.A.Z. Construction, Inc. in the amount of $85,800.00 E. Resolution No. (R)02-03 Authorizing Intergovernmental Agreement between Town of Oro Valley and Pima County Recorder/Division of Elections to conduct the March 12, 2002 Primary Election and May 21, 2002 General Election F. OV12-00-25 Approval of a preliminary plat for the Vista Montana Subdivision located on the southwest corner of Linda Vista and Egleston Drive, Parcel #225112350 2. CONSIDERATION AND/OR POSSIBLE ACTION REGARDING THE ELECTION OF VICE MAYOR 3. PUBLIC HEARING - ORDINANCE NO.(0)02-01 AMENDING SECTION 5, MILITARY LEAVE OF POLICY NO. 10, ATTENDANCE AND LEAVES, OF THE TOWN OF ORO VALLEY PERSONNEL POLICIES AND PROCEDURES CODE, AND DECLARING AN EMERGENCY Explanation: The proposed ordinance, if adopted, will allow the military reservists employed by the Town to receive compensation from the Town, which in addition to their military pay will provide total compensation equal to their regular pay with the Town. This is the same mechanism used for employees who must meet other civic responsibilities, such as jury duty. 4. PUBLIC HEARING — ORDINANCE NO. (0)02-02 RELATING TO THE TOWN CLERK'S DUTIES BY AMENDING ORO VALLEY TOWN CODE SECTION 3-2-2 BY REFERENCE Explanation: The proposed ordinance, if adopted, will update and clarify the existing ordinance adopted in 1989 that outlines the duties of the Town Clerk and assures compliance with Arizona Revised Statutes. The Mayor and Council declared these amendments a public record by Resolution No. (R)01-112 on 12/5/01. 01/09/02 Agenda, Council Regular Session 3 5. PUBLIC HEARING — ORDINANCE NO. (0)02-03 AMENDING BY REFERENCE THE ORO VALLEY TOWN CODE BY ADDING ARTICLE 3-7, "SETTLEMENT AUTHORITY," WHICH DELEGATES LIMITED SETTLEMENT AUTHORITY TO SPECIFIED TOWN OFFICERS, AND AMENDING ORO VALLEY TOWN CODE SECTIONS 3-2-1, TOWN MANAGER, AND 3-2-5, TOWN ATTORNEY, TO CLARIFY THEIR DUTIES IN REFERENCE TO SETTLEMENT AUTHORITY Explanation: Thero osed amendment to the Code delegates to certain Town staff p p settlement authority for claims of less than $20,000.00. The proposed amendment authorizes the Town Attorney, in consultation with the Town's Risk Manager, to settle any claim against the Town where the amount of the settlement is for less than $10,000. The Town Manager, in consultation with the Town Attorney and the Risk Manager, is authorized to settle any claim against the Town where the amount of the settlement is for $10,000 but not more than $20,000. 6. PUBLIC HEARING LIQUOR LICENSE APPLICATION REQUEST FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR UNO CHICAGO BAR AND GRILL TO BE LOCATED AT 10180 N. ORACLE ROAD 7. PUBLIC HEARING - ORDINANCE NO. (0)02-04 RELATING TO SPEED LIMITS; AMENDING ORO VALLEY TOWN CODE, SECTION 11-3-4, "SPEED LIMITS" Explanation: The proposed ordinance, if adopted, will amend speed limits for the following locations: • La Canada Drive from Lambert Lane to Tangerine Road —40 m.p.h. • La Canada Drive from Lambert Lane to the southern town boundary— 45 m.p.h. 8. DISCUSSION AND/OR POSSIBLE ACTION REGARDING VISTOSO PARTNERS LLC REQUEST FOR WITHDRAWAL OF THE PETITION TO ANNEX RANCHO VISTOSO, NEIGHBORHOOD 12 INTO THE BOUNDARIES OF THE TOWN OF ORO VALLEY TOWN MANAGER'S REPORT CALL TO AUDIENCE—According to the Arizona Open Meeting Law, the Town Council may only discuss matters listed on the Town Council Agenda. Matters brought up by the public under "Call to Audience"cannot be discussed by the Town Council, as they have not been placed on the agenda. Any items must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience'; please specify what you wish to discuss when completing the blue speaker card. 01/09/02 Agenda, Council Regular Session 4 ADJOURNMENT POSTED: 01/02/02 4:30 p.m. r.g. Agacket of agenda materials as listed above is available for public inspection at p least 24 hoursp rior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, 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 g consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. IfY ou wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room p item and give it to the Town Clerk. Please indicate on the speaker card which t 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 g once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. MINUTES ORO VALLEY TOWN COUNCIL SPECIAL SESSION & STUDY SESSION DECEMBER 11, 2001 ORO VALLEY TOWN HALL COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE SPECIAL SESSION -AT OR AFTER 6:00 PM CALL TO ORDER: 6:15 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Council Member Bart Rochman, Council Member Werner Wolff, Council Member EXCUSED: Fran LaSala, Vice Mayor EXECUTIVE SESSION- AT OR AFTER 6:15 PM CALL TO ORDER: 6:16 p.m. A MOTION was made at 6:16 p.m. by Council Member Rochman and SECONDED by Council Member Wolff to go into an Executive Session pursuant to ARS 38- 431.03(A)(1) Annual Performance Review of the Town Manager. MOTION carried 4— 0. A MOTION was made by Council Member Wolff and SECONDED by Council Member Rochman to go out of Executive Session at 7:10 p.m. MOTION carried 4—0. ADJOURNMENT A MOTION was made by Council Member Wolff and SECONDED by Council Member Rochman to adjourn the Special Session at 7:15 p.m. MOTION CARRIED 4—0. STUDY SESSION AT OR AFTER 7:00 PM CALL TO ORDER: 7:25 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Fran LaSala, Vice Mayor(Arrived 7:15 p.m.) Dick Johnson, Council Member Bart Rochman, Council Member Werner Wolff, Council Member REVIEW AND DISCUSSION OF TOWN FINANCIAL AND ECONOMIC STATUS Finance Director David Andrews stated that the results of revenue collections through October 31, 2001 indicate that revenues will be below budget by$762,000 (4.6%) at fiscal year end. He stated that the primary revenue sources contributing to this deficiency 12/11/01 Minutes,Council Special/Study Session 2 are local sales tax collections as well as residential and commercial building permit fees. The following recommendations were discussed: • No additional new positions for any department of the Town outside of what is currently included in the FY 2001/02 Town Budget. • Delayhiring the of the Fire Marshall position until commercial development increases. • R educe the BuildingSafetyDivision's current year budget by$100,000 to reflect savings in consultant services. • R educe the Economic Development Division's current year budget by$130,000 to reflect bed tax sharing cost savings. • C Development Economic Develo ment Agreements for the Vistoso Towne Center and Steam Pump Village projects. • Maintain communications with the Ritz Carlton Resort project to expedite the project, where possible. • Li'mit FY 2002/03 Capital Improvements Plan funding to debt service payments only. p p • A dvertise for Bids—Administration Building Expansion(Local Economic Stimulus Package). • Advertise for Bids—Phase I—West Lambert Lane Park Development. Council Member Johnson stated that traditionally, expenditures penditures have come in under budget. He asked that staff address the expenditure side and project revenues in January 2002. questionby In answer a to Mayor Loomis, Town Manager Chuck Sweet explained that the shared revenues for cities/towns is intact for another year,but we may have to defend our shared revenues next year. Mr. Sweet stated that Advertisement for Bids for the Administration Building remodeling willg o out in January and then it will be brought to Council for award in January or February. Council Member Rochman stressed the importance of seeing how the bids come in before a decision is made on the Administration Building. REVIEW AND DISCUSSION OF PUSCH VIEW EXTENSION/LAMBERT LANE DESIGN CONCEPT REPORT Mr. Nick Bokaie, Project and Pro j ect Manager for R S Engineering, introduced the Project Team and reviewed the following information: • Existing Condition of Pusch View Lane. • Planned Corridor Improvements. • Location of proposed bridge linking Pusch View Lane with Lambert Lane. • Bridge Alignments. • Pros & Cons for Alternatives 1, 2 & 3. • Right-of-way impacts 12/11/01 Minutes,Council Special/Study Session 3 reviewed his recommendation for choosing Alternative 2. He showed the Mr. Bokaie bridge section for this alternative. He explained that the multi-use path would be continuedjersey with a barrier to separate pedestrians from the roadway. Bokaie showed the preliminary estimated construction costs, estimated project cost Mr. and a computer simulation of how the proposed bridge would look. Mayor Loomis asked staff to address the noise level and impact from the addition of the bridge. LANDSCAPE AND IRRIGATION DEVELOPMENT ALONG ARTERIAL STREETS WITHIN THE TOWN Landscape Architect Don McGann reviewed the suggested Alternatives for Principal Arterial Street Landscape Development. • Minimum Required by Code. (Oracle Road Model—North of Greenock Drive). • Moderate—Low Water Use Development. (La Canada Drive Model—Lambert to Naranj a). • Enhanced—Low Water Use Development. (Rancho Vistoso Boulevard Model). Mr. McGann stated that staff recommends Alternative B, which is the Moderate, Low Water Use Development. Council Member Johnson suggested using a combination of Alternatives B & C on North First Avenue and Rancho Vistoso Boulevard and how it would mesh with a multi-use path. Vice Mayor LaSala stated that since Oro Valley is located in a desert, he would suggest using Alternative A. Council Member Rochman suggested Alternative A and that the medians should reflect natural vegetation and should not detract from the mountains. Discussionregarding followed re ardin deciding on what type of Landscaping Alternative should be used at the time the project is submitted, and on a case by case basis. ADJOURNMENT A MOTION was made by Council Member Wolff and SECONDED by Vice Mayor LaSala to ADJOURN the Study Session at 9:12 p.m. MOTION carried 5 —0. Res ectfully submitted, Kathiryn E. Cuvelier, CMC Town Clerk MINUTESA ORO VALLEY TOWN COUNCIL REGULAR SESSION DECEMBER 19, 2001 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER - 6:05 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Fran LaSala, Vice Mayor Dick Johnson, Council Member Bart Rochman, Council Member EXCUSED: Werner Wolff, Council Member EXECUTIVE SESSION AT OR AFTER 6:00 PM MOTION: A motion was made by Vice Marr LaSala and SECONDED by Council Member Rochman tog o into Executivesion 6:05 p.m. for the following purpose: n ARS 38-431.01(A)(4')' 8-431 : :1' 3` d (A)(4) Advice to the 1. Pursua t to ( )( Legalrelating Supreme Court's denial of the Petitions for review of Pima County and Tortolita PR) andrelated cases. 1 7 1 (CV 010 7�` lle eta .Vaet al. V. city ofTucso O y Motion carried, 4 MOTION: A motion was made by Council Member Johnson and SECONDED by Vice Mayor LaSala to go out of Executive Session at 6:38 p.m. Motion carried, 4-0. RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:05 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Fran LaSala, Vice Mayor Dick Johnson, Council Member Bart Rochman, Council Member EXCUSED: Werner Wolff, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. 12/19/01 Minutes,Council Regular Session 2 UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings. He announced that due to the New Years holiday, the Regular Sessions of the Town Council would be held on January 9th and January 23rd, 2002. CALL TO AUDIENCE Steve Langford, 9140 N. Shadow Mountain Drive, stated that he feels a good definition of the word "progress"means "preservation of what's left of the natural open spaces." He stated that `building' does not equal progress. He said that he was pleased to see public activism towards preserving natural open spaces and asked that the Council preserve the remaining open spaces in the Town. 1. CONSENT AGENDA At the request of Council Member Rochman, Mayor.o Loomis pulled Item K from the Consent Agenda. MOTION: Vice Mayor LaSala MOVED to APPROVE the Consent A enda with the exception of Item K. Council Member Johnson SECONDED the motion. Motion carried, 4— 0. A — 12-05-01 Minutes ute s 12 OS .: 0 B. Information S stems bAerti ' ' s Reportort— October&November 2001 C. Police Report:-;Octo &November 2001 D. Building Safety Activity Report—November 2001 E. Coyote Run Monthly Report—November 2001 F. Resolution No. (R)O1-118 Authorizing and executing the License Agreement between the Town of Oro Valley and Monterra Hills Homeowner's Association relating to the installation and maintenance of landscaping within public rights-of-way along Naranja Drive G. Appointment of Ethel Rocco and Jack Redavid to a two year term on the Grievance Review Board effective January 1, 2002 —December 31, 2003 H. OV5-01-07 Approval of an Application for public art for the future Southwest Parks & Monuments Association Headquarters located within Rancho Vistoso Neighborhood#3 —approximately 1/4 mile south of the Rancho Vistoso Boulevard and Commerce Loop Intersection, Parcel #223020200 I. General Plan Update 2020 Status Report#3 J. Resolution No. (R)01-119 Declaring that certain document relating to the State of Arizona Uniform Plumbing Code, Section 6-4-1 of the Oro Valley Town Code, as a public record K. Resolution No. (R)01-120 Establishing a cost of living adjustment (COLA) for Town Council Members (PULLED FOR DISCUSSION-Discussion followed Item 4) L. Approval of annual salary of the Town Manager effective January 1, 2002 12/19/01 Minutes,Council Regular Session 3 M. Project No. OV20-01-01 Oro Valley Water Utility Drilling and Completion of Water Plant Well No. 4 and Site Grading 2. PRESENTATION OF PLAQUE TO DANNY MOORE FOR HIS VOLUNTEER WORK IN THE REFURBISHING OF THE ORO VALLEY POLICE DEPARTMENT RESCUE VEHICLE Police Chief Sharp and Mayor Loomis presented a plaque to Danny Moore, Volunteer for the Police Department, in recognition of his work on the restoration of a rescue vehicle for the Department. 3. RECOGNITION OF ORO VALLEY DOLPHINS POP WARNER FOOTBALL TEAM Mayor Loomis proclaimed December 19, 2001 as "Oro Valley Pop Warner Football Dolphins Day." He then recognized the team and the coach, Mr. Steve Marshall and his staff. The team was presented with souvenir Towns. Mayor Loomis recessed the meeting at 7:17 pan. The meeting resumed at 7:25 p.m. 4. FY 2002-2007 CAPITAL IMPROVEMENTS PROGRAM (CIP) TECHNICAL ADVISORY COMMITTEE REPORT AND PUBLIC INPUT Community Development Director BrentSinclair presented a1 s tatus reportort on the he Fiscal Year 2002-07 Capital Improvements Prorm (CIP). He explained that the committee i s requesting approval of the evaluation criteria. q g pp Mr. Sinclair then reviewed the seven Evaluation Criteria: ➢ Public Health, Safeand Welfare ................... .................. ................. ➢ Community Goals and Programs ➢ Fiscal Impact ➢ Service Levels ➢ Operation and Maintenance ➢ Legal Ramifications ➢ Relationship to other Projects/Coordination Mayor Loomis emphasized that the CIP Technical Advisory Committee continue the CIP process to identify the projects and their priorities even if the Town does not currently know what the financial situation will be next year. MOTION: Council Member Johnson MOVED to APPROVE the CIP Project Evaluation Criteria and Weights as shown in Exhibit C of the Council Communication. Council Member Rochman SECONDED the motion. Motion carried, 4—0. 12/19/01 Minutes,Council Regular Session 4 K. RESOLUTION NO. (R)01-120 ESTABLISHING A COST OF LIVING ADJUSTMENT (COLA) FOR TOWN COUNCIL MEMBERS Council Member Rochman requested that the effective date of the proposed Cost of Living Adjustment (COLA)be July of 2004 (instead of 2002.) He stated that he had an aversion to elected officials increasing pay during their current term in office. He also stated that this would be a statement from the Council of their recognition of the current estimated budget deficit. At the request of Mayor Loomis, Town Attorney Dan Dudley explained that the Arizona Attorney General has determined that Council Members can vote fora pay increase or a COLA increase as long as it is not effective prior to the next election. MOTION: Council Member Rochman MOVED to approve Resolution No. (R)01-120 with the change that the effective date be in July 2004. Motion died due to a lack of a Second. MOTION: Council Member Johnson MOVED tAPPROVE Resolution (R)01-120 authorizing the annual Cost of Living Adjustment for the Town Council members on the first day of July, 2002 and every year thereafter,accordance" with the latest Federal Consumer Price Index. Vice Mayor LaS E alaSECONDED the motion. Discussion followed regarding the::.Cost`of:Living Adjustment, ad ustment in a State Jpay, laws, and makingthe effective date July 004. MOTION N FAILED, 2. — O 5. PUBLIC HEARING—ORDINANCE NO. (0)01-28 RELATING TO SPEED LIMITS; AMENDING ORO VALLEY TOWN CODE CHAPTER 11, SECTION 11-3-4 "SPEED TO DESIGNATE THE SPEED LIMIT FOR MOORE ROAD FROM RANCHO VISTOSO BOULEVARD TO THE TOWN'S WESTERN BOUNDARY: 35 MILES PER HOUR Town Engineer Bill Jansen reviewed the Council Communication and explained that Moore Road is currently set at the"default" speed of 25 M.P.H. per the Town Code. He explained that Moore Road is designed for speeds of 35 M.P.H. The Public Works Department and the Police Department have reviewed traffic flows and safety aspects of Moore Road and recommend that the speed limit of 35 M.P.H. be established. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. Council Member Johnson encouraged the staff to revisit the speed limit on Moore Road once it was completely upgraded to a four-lane divided road. 12/19/01 Minutes,Council Regular Session 5 MOTION: Council Member Johnson MOVED to APPROVE Ordinance (0)01-28 amending Oro Valley Town Code Chapter 11-3-4R to read"Moore Road from Rancho Vistoso boulevard to the point west of Copper Springs Trail: 35 miles per hour" and adding Section 11-3-4S reading "All other streets, roads and areas: 25 miles per hour." Vice Mayor LaSala SECONDED the motion. Motion carried, 4—0. 6. PUBLIC HEARING LIQUOR LICENSE APPLICATION REQUEST FOR ASERIES 9 (SALE OF ALL SPIRITOUS LIQUORS) PERSON AND LOCATION TRANSFER LIQUOR LICENSE FOR OSCO DRUG STORE #9344 TO BE LOCATED AT 10390 N. LA CANADA DRIVE Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Rochman MOVED to APPROVE the request for a Series 9 Liquor License by Mr. Thomas Dieterle and principals for the Osco Drug Store#9344 located at 10390 N. La Canada Drive. Vice Mayor LaSala SECONDED the motion. Motion carried, 4—0. 7. PUBLIC HEARING - RESOLUTION, O (R)01-121 VACATING THE .......... ......... RIGHT-OF-WAY FOR VISTOSO PARK ROAD IN RANCHO VISTOSO, PHASE 1 S NEIGHBORHOOD 3 Town Engineer Bill Jansen explained:::thaistoso Partners, L.L.C. desires to obtain a - that Block 2 and the northern portion of the ri ht of-wa orris:.��°`����` ���.�ParkRoad so portiong y of Block Lot 5 can be come ::into a single lot. Ventana Medical Systems plans to g Y 1 o. Mr 1111 in Rancho V stos of thea fac t o s ithisamended8ck L` :fog:::: .future expansion acqu reo: u The right-of-way is an 10-foot strip of land that lies adjacent to the north, west and south property lines of Block Lot 5. e explained that the vacation of this portion of the right- of-way would not have an averse impact on transportation in the area. In response to a question from Mayor Loomis regarding a sewer alignment, Mr. Jansen explained that a public sewer easement letter(description and map)has been coordinated with Pima County Wastewater Management. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Rochman MOVED to APPROVE Resolution (R)01-121. Council Member Johnson SECONDED the motion. Motion carried, 4—0. 8. PUBLIC HEARING—ORDINANCE NO. (0)01-29 OV7-01-06 INSERTING A NEW CHAPTER 17 "OUTDOOR LIGHTING" TO THE ORO VALLEY ZONING CODE REVISED AND AMENDING ALL REFERENCES TO OUTDOOR LIGHTING IN CHAPTERS 6, 8, 9, 10 AND 13, AND BY DELETING ALL LIGHTING REQUIREMENTS IN SAID CHAPTERS, AMEND CHAPTER 2 12/19/01 Minutes,Council Regular Session 6 DEFINITIONS,AMEND ARTICLE 16-1 DESIGN GUIDELINES OF THE ORO VALLEY ZONING CODE REVISED,AND AMENDING THE ORO VALLEY TOWN CODE BY DELETING IN ITS ENTIRETY, ARTICLE 6-7 OUTDOOR LIGHTING CODE Sangeeta Jain, Planner II, explained that the current Zoning Code does not include adequate standards and requirements to address outdoor lighting. She also explained that the Town's lighting requirements are addressed in both the Zoning Code and the Town Code, which makes it difficult to discern the Town's requirements. She explained that Town staff, with the assistance of a consultant, has spent many months reviewing the Town's Lighting Code. They have also reviewed the newly revised Pima County Code, in an effort to develop a level of consistency with regard to lighting requirements throughout the region. Ms. Jain then reviewed a summary of the proposed changes to the Town's Outdoor Lighting Code in the following areas: ➢ Lighting Zones ➢ Lumen Caps p ➢ Hei ht of Light Poles Height g ➢ Commercial Areas abutting Residential Areas ➢ Recreational Facilities • Public 11 c Safety y ➢ Enforcement orc em n et • Non-Conforming of 0 0 rmin gUses Discussion followed reg the`desire for a StudySession gar � regarding the proposed Lighting Code changes, Low Pressure e Sodium/High Pressure Sodium/Metal Halide lighting, limiting the heights of poles may require more lights, establishingstandards for g street lights, reflectivity, shielding and allowing for the creativityof the lighting g g engineers. Mayor Loomis recessed the meeting at 8:32 p.m. The meeting resumed at 8:42 p.m. Mayor Loomis opened the public hearing. Marvin Stafford, 9941 N. Placita Papalote, stated that he is an Electrical Engineer and is a Section Chairman for the local division of the IESNA (Illuminating Engineering Society of North America.) He stated that he would be glad to provide technical help for the Town on its Lighting Code updates. He also invited Town staff to attend the IESNA training sessions if they so desired. Mr. Stafford reported that in January, they would be addressing Pima County's Outdoor Lighting Code. Bill Adler, 10720 N. Eagle Eye Place, stated that he has provided photographs and comments regarding lighting in cities such as Scottsdale, Cave Creek and Carefree to the Town's Planning Staff. He stated that these cities have shorter poles. He explained that there are degrees of intensity of lighting in some areas but there are no unlit areas. He 12/19/01 Minutes,Council Regular Session 7 stated that shorter poles were more aesthetically pleasing and more practical. Mr. Adler also stated that he was against lighting per zoning designations and exempting"under canopy lighting." Chris Monrad, 4325 N. Camino Colibri, stated that he was Vice President of the Board of the International Dark Sky Association. He addressed the proposed changes to the Lighting Code and said that the"light trespass" description was very subjective and it should be quantitative. (He referenced the words "obtrusive" and "measurable"which he felt should not be used as they were subjective.) He also stated that the proposed Code changes do not reference a limit on the intensity of unshielded light fixtures and he felt that should be capped. Mr. Monrad recommended that due to aesthetic concerns, the pole height be linked to the building height with appropriate setbacks from the property lines. Craig Barron, 2444 E. Hawthorne, stated that he was a manufacturer's representative for the lighting industry. He addressed the proposed changes to the Lighting Code and agreed that the description for"light trespass" should be quantitative and not subjective. He addressed IESNA standards and stated that the Town's standards should not be less than their recommendations as it could create safety problems. Mr. Barron also referenced pole heights, mounting heights, measurable light, and lumen levels and recommended that the Lighting Code updates e returned to the committee for further evaluation. i{\ti i • Mayor Loomis closed the public hearing, • (0)01- r finance No. MOVED" QED to CONTINUE Ordinance MOTION. Council Membe� ohnM: fi 29 Outdoor g Li htin Codechanges to Feb20, 2002 so that the Council can hold a Lighting February 1 the Study Session to review the proposedamendments. Vice Mayor L aSa aSECONDED motion. Motion carried,4—0. Council Member Johnson asked that the speakers be included in future discussions of the Lighting Code amendments. Mayor Loomis thanked the speakers and asked that they provide their comments to Ms. Jain. He also questioned whether Parks, Open Space and Churches should be placed into separate categories. Mayor Loomis moved Item#12 forward on the Agenda. 12. DISCUSSION AND/OR POSSIBLE ACTION REGARDING INITIATION OF ANNEXATION MAPS Town Manager Chuck Sweet reported that Town's Annexation Team has held three informational annexation meetings with residential property owners in the unincorporated area south of the existing Town limits. He also explained that they have spoken with various business owners from the Magee/Oracle commercial area. Mr. Sweet reviewed 12/19/01 Minutes,Council Regular Session 8 an overhead map depicting the proposed annexation areas. He then reviewed the steps involved in the Town's annexation process. Mayor Loomis opened the floor for public comment. Fred Roof, 9101 N. Riviera Drive, stated that he has watched the Town grow over the years. He said that people expect a certain level of services to be provided by the Town if they are annexed in. Mr. Roof stated that one of the Town's most valuable assets is the Police Department and he felt that it would not be overburdened if the proposed annexations went through. He stated that he was a strong supporter of controlled, systematic annexation and he encouraged the Council to move forward. Mr. Roof also offered his assistance if it was needed. MOTION: Vice Mayor LaSala MOVED to GRANT the Town Manager authority to initiate the filing of annexation maps indicated as Annexation"Area A" and"Area B". Council Member Rochman SECONDED the motion. Motion carried, 4—0. 9. OV12-01-08 MASTER DEVELOPMENT PLAN FOR COMMERCIAL/OFFICE DEVELOPMENT ON 14 ACRES LOCATED ON THE NORTHWEST SIDE OF LINDA VISTA BOULEVARD AND ORACLE ROAD, PARCEL 224-21-110 Community Development Director Brent Sinclair reviewed an overhead mapdepicting p g the commercial/office e cial/office develo n ��`` p area on the northwest side of Linda Vista Boulevard and Oracle Road. He reported that Miller:.:LLC rrequests approval of a Master Development Plan to develop a 14.3-acre site with 11 building n g pads for a total of 131,325 square feet of commercial/office space. He explained that the area may be developed in n phases and each pad site would be required to submit a separate development plan for p p approval. Mr. Sinclair also reported that the development is in the Oracle Road Scenic Corridor Overlay District (ORSCOD) and meets the requirements of the district. In response to a question from Council Member Johnson, Mr. Sinclair verified that each pad would be graded individually. Kim Acorn, Acorn Associates, explained that they have suggested to Planning Staff that a Master Development Plan be approved for the entire site with subsequent pads requiring individual approval. He stated that this would provide an"umbrella plan"that would provide the Town with the security of knowing how the first phase fits into the whole project. Grading plans for each individual pad site would be approved separately. Mr. Sinclair confirmed that each individual pad would submit its own development plan. The Council would only see the Master Development Plan again if significant changes were made by the proposed individual development plan. e • 12/19/01 Minutes,Council Regular Session 9 In response to a concern expressed by Mayor Loomis, Mr. Sinclair and Town Engineer Bill Jansen agreed that General Notes #19 and#20 address the development plan submittal and grading concerns. Mayor Loomis opened the floor for public comment. Bert Casman, 300 E. Fieldcrest Lane, stated that he was President of Villa Balboa Homeowners Association, and they have no objection to the development plan. MOTION: Council Member Johnson MOVED to APPROVE OV 12-01-08, the Linda Vista/Oracle Road Master Plan, effective on the date of satisfaction of the conditions listed in Exhibit"A." A) 1. Description and exhibit of drainage easement for temporary swale shall be submitted for review and acceptance by the Town of Oro Valley prior to the issuance of a grading permit. 2. A General Note shall be added to the Master Plan and be noted in the CC&Rs that the Detention Basin regular maintenance shall be the responsibility of the property owner. 3. Basin outlet 100-year flow rates for west offsite flows shall be evaluated at the time of improvement plan review to assure reduction or maintenance of predeveloped runoff rates. at s. 4. The 24-inch spiral ribbed pipe;;:shall be labeleon the Development Plan. Mayor LaSala SECONDED the motion. Motion carried 4—0. Vice ay t��..:::.::::::: ::: : 10. OV12-01-08A,DEVELOPMENT PLAN TO ESTABLISH AN OFFICE BUILDING LOCATED ON THE NORTHWEST CORNER OF LINDA VISTA BOULEVARD AND ORACLE ROAD, A PORTION OF PARCEL 224-31-0110 Community Development Director Brent Sinclair reported that Acorn Associates has requested approval of a development plan for the Merrill Lynch office building consisting of a 12,400 square foot office building to be located on the northwest corner of Linda Vista Boulevard and Oracle Road. He explained that the development plan meets the requirements of the Zoning Code and the Oracle Road Scenic Corridor Overlay District (ORSCOD.) He reported that the Development Review Board recommended approval of the development plan on November 13, 2001. In response to questions from Council, Mr. Kim Acorn, Acorn Associates explained that it takes approximately six to nine months to obtain permits. The expected completion time for this project is about nine months once the permits are issued. He also reviewed a drawing depicting the drainage and retention basin area and explained that the swale area would be covered by natural vegetation and impact to the area would be minimized. 12/19/01 Minutes,Council Regular Session 10 • MOTION: Council Member Rochman MOVED to APPROVE OV12-01-08A, Merrill Lynch Development Plan effective on the date of satisfaction of the conditions as listed in Exhibit"A." A) 1. Description and exhibit of drainage easement for temporary swale shall be submitted for review and acceptance by the Town of Oro Valley prior to the issuance of a grading permit. 2. Drainage for the west property line wall shall be reviewed during the Improvement Plan review. 3. Riprap apron at basin outlet shall be rated for the shorter length, per the development plan. 4. The temporary swale width transition shall be evaluated during the Improvement Plan review and the drainage easement exhibit shall be adjusted accordingly. 5. A General Note shall be added to the Development Plan and be noted in the CC&Rs that regular Detention Basin maintenance shall be the responsibility of thero ert p p Y owner. Council Member Johnson SECONDED the motion. Motion carried, 4—0. Mayor Loomis recessed the meeting at '9:35 p.m. The meeting resumed at 9.42 p.m. 11. DISCUSSION AND/OR POSSIBLE ACTION REGARDING THE RECOMMENDATION:FROM THE GOVERNMENT REVIEW TASK FORCE REGARDING BOAR/COSION APPOINTMENT PROCESS AND POLICIES AND PROCEDURES Town Clerk Kathryn Cuvelier reported that the Government Review Task Force (GRTF) has submitted their recommendations to Council regarding the Town's Board and Commission Appointment Process and Policies and Procedures. She then reviewed the recommendations. Ms. Cuvelier then reported that this recommendation finalizes the tasks listed under the Task Force's Scope of Work. Vice Mayor LaSala stated that he likes the recommendations as forwarded by the GRTF, but he firmly believes that each Council Member should appoint the members to the Boards and Commissions. MOTION: Vice Mayor LaSala MOVED to ACCEPT the recommendations made by the Government Review Board regarding Board/Commission Appointment Process and Policies and Procedures with the addition that vacancies on Board and Commissions be appointed by individual Council Members and that the individual serve with the Council Member. He further moved to DISBAND the Government Review Task Force due to completion of their assignments as outlined in their Scope of Work. Mayor Loomis SECONDED the motion. 12/19/01 Minutes,Council Regular Session 11 Discussion followed regarding de-politicizing the Board and Commission procedures, the need for an objective selection process, Council Members appointing the members thus eliminating the need for the Council Liaison position, and utilizing volunteers that have gone through the Citizen Planning Institute (CPI.) AMENDMENT TO THE MOTION: At the request of Mayor Loomis, Vice Mayor LaSala agreed to amend the motion by adding that this be referred to staff to develop an implementation plan for each Board and Commission such that the membership is ultimately appointed by each Council Member and to come up with a plan for the seven- member Boards selection process. The implementation process should fit into a time frame that would allow the volunteers that are currently on the Boards and Commission to complete their current terms. The staff's recommendation on implementation will be returned to Council for final approval. Motion as amended carried, 4—0. Mayor Loomis and Council thanked the Government Review Task Force for their diligence and hard work. 13. AUTHORIZATION OF CONTINGENCY FUNDS FOR THE WEST .......... ......... .......... ......... .......... ......... .......... .......... ................... ................... LAMBERT LANE PARK IMPROVMEN (PHASE I) Community Development Director BretSclair reported that a Master Plan for the Hereviewed an overhead West Lambert Lane Park wascompleted December of 1997. mapdepicting the Park area. r. n lar; lamed that staff has a prepared a proposal p g p p p p p for the Phase I improvements which would include a modified version of the trail system 111 Villagessubdivision), with connections:ao`Lam bert Lane and Canada Hills a (a looped trailg a parking area, benches, signs and bicycle racks and driveway access to Lambert Lane. This proposal would costapproximately $150,000. Mr. Sinclair reported that at the request of the Council, staff has also prepared a proposal that would include a restroom. The addition of the restroom would add approximately $136,000 to the total cost of Phase I due to the fact that the water and sewer connections are not currently available at the site. Mr. Sinclair stated that staff is recommending approval of Phase I improvements in the amount of$150,000 and to forgo restrooms until such time that utilities can be provided to the site in a more economical fashion. Discussion followed regarding the West Lambert Lane Park Master Plan being completed before the purchase of the Naranj a Town Site(which could now provide for more park amenities for the Town,)the West Lambert Lane Park being more compatible with trails, and access from the Park to Lambert Lane. Mayor Loomis opened the floor for public comment. 12/19/01 Minutes,Council Regular Session 12 Bill Adler, 10720 N. Eagle Eye Place stated that he was an advocate for parks within the Town. He questioned whether the trails are representative of the entire trail system, whether decomposed granite was a preferred surface, and whether the Town would implement an"Adopt a Trail"program to help maintain the trails? He also asked that there be pedestrian access from Canada Hills Drive. Richard Tracy, 10674 N. Sand Canyon Place and Vice President of Canada Hills Homeowners Association, stated that he was pleased to see the plans for the Park and the trails. He stated that he was under the impression that these trails would be foot trails and not necessarily for horses and bikes. He stated that he was glad to see Phase I move forward and suggested that amenities such as in-line skating and basketball facilities would probably be better placed in the Naranj a Town Site. He also questioned using Contingency funds for the improvements. Emily Smith Sleigh, 12417 N. Copper Queen Way, stated that the children are looking forward to a facility where they can skate or use their.skateboards. She suggested that the Council continue to move the park forward as orig .y planned. She also said that there could be problems if the Town did not provide a restrooat the site. In response to questions from Council, Mr. Sinclair stated that the entire trail system would not be installed at this time. He. xplaine :that Phase I would provide for a looped p • • ��:�";:;::;:.....::.is�. trail that would provide access to Canada and access to Lambert Lane. He reported that the looped trail would be ADA accessible and would be made of a hard compacted surface. He stated that staff isproposing decom osed granite surface for the entire trail. p Mr. Sinclair alsoclarified ' that there are no �t rr: ;requirements for restrooms at this facility. He explained that thepark isnot designed to attract equestrian users but park rules would have to be established tset restrictions for users. Discussion followed regarding f rezoning the area from R1-144 to Parks and Opens Space. p MOTION: Council Member Johnson MOVED to APPROVE the funding of the West Lambert Park trail system, parking and amenities using the General Fund Contingency for a cost of$150,774 and direct staff to initiate rezoning action. Vice Mayor LaSala SECONDED the motion. Motion carried, 4—0. TOWN MANAGER'S REPORT No report. CALL TO AUDIENCE No speakers. r 12/19/01 Minutes,Council Regular Session 13 ADJOURNMENT MOTION: Vice Mayor LaSala MOVED to ADJOURN at 10:30 p.m. Council Member Rochman SECONDED the motion. Motion for adjournment carried, 4—0. Respectfully submitted, Roxana Garrity, Deputy own Clerk `ik is I hereby certify that the foregoing minutes ark a true and correct copy of the minutes hl e d Arizona of Oro Valley, of the regular session of the Town of`9:iiity,,#pe,Counciltodulycalled on the 19 dayof December 2001;. I r er-certify that the meeting was .. Y g and held and that aquorum ws` �`� sen ;. p N:::. s, 1111„ Dated this day of rr+{ r : 2002. #5: Kathryn E. Cuvelier, Town Clerk MINUTES Alf ORO VALLEY TOWN COUNCIL :n • SPECIAL SESSION & STUDY SESSION DECEMBER 11, 2001 ORO VALLEY TOWN HALL COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE SPECIAL SESSION -AT OR AFTER 6:00 PM CALL TO ORDER: 6:15 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Council Member Bart Rochman, Council Member Werner Wolff, Council Member EXCUSED: Fran LaSala, Vice Mayor EXECUTIVE SESSION-AT OR AFTER 6:15 PM CALL TO ORDER: 6:16 p.m. A MOTION was made at 6:16 p.m. by Council Member Rochman and SECONDED by Council Member Wolff to go into an Executive Session pursuant to ARS 38- 431.03(A)(1) Annual Performance Review of the Town Manager. MOTION carried 4— 0. A MOTION was made by Council Member Wolff and SECONDED by Council Member Rochman to go out of Executive Session at 7:10 p.m. MOTION carried 4—0. ADJOURNMENT A MOTION was made by Council Member Wolff and SECONDED by Council Member Rochman to adjourn the Special Session at 7:15 p.m. MOTION CARRIED 4—0. STUDY SESSION AT OR AFTER 7:00 PM CALL TO ORDER: 7:25 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Fran LaSala, Vice Mayor(Arrived 7:15 p.m.) Dick Johnson, Council Member Bart Rochman, Council Member Werner Wolff, Council Member REVIEW AND DISCUSSION OF TOWN FINANCIAL AND ECONOMIC STATUS Finance Director David Andrews stated that the results of revenue collections through October 31, 2001 indicate that revenues will be below budget by$762,000 (4.6%) at fiscal year end. He stated that the primary revenue sources contributing to this deficiency 12/11/01 Minutes,Council Special/Study Session 2 are local sales tax collections as well as residential and commercial building permit fees. The following recommendations were discussed: • No additionalnew positions ositions for any department of the Town outside of what is currently included in the FY 2001/02 Town Budget. • Delayhiring the of the Fire Marshall position until commercial development increases. • aReduce the BuildingSafety Division's current year budget by$100,000 to reflect y savings in consultant services. • Reduc Development the Economic Develo ment Division's current year budget by$130,000 to reflect bed tax sharing cost savings. • Consid Development Economic Develo ment Agreements for the Vistoso Towne Center and Steam Pump Village projects. • Maintain communications with the Ritz Carlton Resort project to expedite the project, where possible. • FY 2002/03 Capital Improvements Plan funding to debt service payments only. Limit p p • Advertise for Bids—Administration Building Expansion(Local Economic Stimulus Package). • Advertise for Bids—Phase I—West Lambert Lane Park Development. Council Member Johnson stated that traditionally, expenditures have come in under budget. He asked that staff address the expenditure side and project revenues in January 2002. In answer to a questionby Mayor Ma or Loomis, Town Manager Chuck Sweet explained that the shared revenues for cities/towns is intact for another year,but we may have to defend our shared revenues next year. Mr. Sweet stated that Advertisement for Bids for the Administration Building remodeling willg o out in Januaryand then it will be brought to Council for award in January or February. Council Member Rochman stressed the importance of seeing how the bids come in before a decision is made on the Administration Building. REVIEW AND DISCUSSION OF PUSCH VIEW EXTENSION/LAMBERT LANE DESIGN CONCEPT REPORT Mr. Nickj Bokaie, P.E. and Project Manager for R S Engineering, introduced the Project � Team and reviewed the following information: • Existing Condition of Pusch View Lane. • Planned Corridor Improvements. • Location ofro osed bridge linking Pusch View Lane with Lambert Lane. p p • Bridge Alignments. • Pros & Cons for Alternatives 1, 2 & 3. • Right-of-way impacts 12/11/01 Minutes,Council Special/Study Session 3 reviewed his recommendation for choosing Alternative 2. He showed the Mr. Bokaie section for this alternative. He explained that the multi-use path would be bridge continuedjersey with a barrier to separate pedestrians from the roadway. Bokaie showed the preliminaryestimated construction costs, estimated project cost Mr. and a computer simulation of how the proposed bridge would look. Mayor Loomis asked staff to address the noise level and impact from the addition of the bridge. LANDSCAPE AND IRRIGATION DEVELOPMENT ALONG ARTERIAL STREETS WITHIN THE TOWN Landscape Architect Don McGann reviewed the suggested Alternatives for Principal Arterial Street Landscape Development. • Minimum Required by Code. (Oracle Road Model—North of Greenock Drive). • Moderate—Low Water Use Development. (La Canada Drive Model—Lambert to Naranja). • Enhanced—Low Water Use Development. (Rancho Vistoso Boulevard Model). Mr. McGann stated that staff recommends Alternative B, which is the Moderate, Low Water Use Development. gg Council Member Johnson suggested using a combination of Alternatives B & C on North First Avenue and Rancho Vistoso Boulevard and how it would mesh with a multi-use path. Vice Mayor LaSala stated that since Oro Valley is located in a desert, he would suggest using Alternative A. Council Member Rochman suggested Alternative A and that the medians should reflect natural vegetation and should not detract from the mountains. followed regarding deciding on what type of Landscaping Alternative should Discussiong g be used at the time the project is submitted, and on a case by case basis. ADJOURNMENT A MOTION was made by Council Member Wolff and SECONDED by Vice Mayor LaSala to ADJOURN the Study Session at 9:12 p.m. MOTION carried 5 —0. RaVfully submitted, Katffiyn E. Cuvelier, CMC Town Clerk w TOWN OF ORO VALLEY 'OUNCIL COMMUNICATION MEETING DATE: January 9, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Finance Report for the Month Ended November 30, 2001 SUMMARY: The month of November shows signs of the construction slow-down that was previously forecasted. This is evident in significant declines in residential building permits, roadway impact fees and water connection fees. The trend does not negatively impact the budget more than was projected at the December 11, 2001 Council Study Session. GENERAL FUND: Select points are as follows: • Retail sales tax collections are rebounding,but are still expected to fall short of the budget by $25,000. • Lodging collections showed a significant decline this month. It is expected that this trend will continue on a smaller scale throughout the fiscal year to result in a negative impact of$305,000. • Construction showed a decline that is expected to continue throughout the fiscal year. However, the strong sales tax collections at the beginning of the year will offset this trend for a positive impact of $233,000. • Residential building permits decreased severely in November. This trend is representative of the slowing down of construction that is expected to result in a$355,000 deficit in permit fees. • Commercial building permits will fall short of budget by$365,000 based on the Ritz Carlton Resort project being "on hold". OTHER FUNDS: • Highway Fund— fuel tax revenues are slightly higher than for this same period last year. Based on interest earnings and miscellaneous revenues this fund should exceed the budget estimate by $28,000. • Public Transportation Fund— Local Transportation Assistance Funds II (LTAF II) have been cut from the State's budget, which will result in a total shortfall of$10,500 in the budget. This deficit will be balanced by spending $24,000 less than anticipated on new transit vehicles. Fare box and interest revenues are also exceeding budgeted expectations. TOWN OF ORO VALLEY JUNCIL COMMUNICATION PAGE 2 OF 2 • Townwide Roadway Development Impact Fund—Revenues for this fund have been consistently higher throughout the beginning of the fiscal year,however, the month of November shows a decline in collections. This could be indicative of the growth slow-down that is expected throughout the next few years. • Water Connection Fees Fund—Water connection fees are still ahead of budget, but November collections dropped significantly compared to prior months in this fiscal year. • Water Utility—Water sales, charges for services and interest income have continued to exceed revenue estimates significantly. This trend projects a $277,000 positive impact at fiscal year end. ATTACHMENTS: 1. Finance Report, November 30, 2001 "UGGESTED MOTION: I move to accept the Finance Report for the moth ended November 30, 2001. 21,4 j. David L. Andrews Finance Director °/44W/e(\2444er Chuck Swee Town Manager CC: Chuck Sweet, Town Manager All Department Heads . Y Town of Oro Valley GENERAL FUND Budget Compared to Actuals Report Through November 30, 2001 Percentage of Year Completed 5/12=41.7% 2001/2002 Percentage November Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: Local Taxes $ 393,568 $ 1,940,152 $ 6,150,000 31.5% State Shared 570,763 2,463,525 6,521,000 37.8% Other Intergovernmental - - 191,329 0.0% Fines 13,443 80,745 220,000 36.7% Licenses& Permits 95,843 638,123 2,240,000 28.5% Charges for Services 25,535 160,450 357,425 44.9% Federal Grants 19,750 45,947 277,441 16.6% State Grants 13,846 75,146 204,500 36.7% Interest Earnings 27,676 128,127 385,000 33.3% Miscellaneous 252 9,300 25,500 36.5% Fund Balance Carryforward 10,008,603 TOTAL REVENUES 1,160,676 5,541,515 26,580,798 33.4% EXPENDITURES: Town Council 12,214 57,451 126,408 45.4% Town Clerk 17,953 88,842 321,084 27.7% Magistrate Court 37,329 162,391 489,081 33.2% if •n Manager 19,352 97,195 284,953 34.1% _ 3n Resources 32,882 87,160 210,374 41.4% Economic Development 47,015 111,508 706,992 15.8% Finance 33,935 159,500 , 438,030 36.4% Information Systems 41,102 171,515 315,989 54.3% Legal 42,387 186,494 603,884 30.9% Community Development Administration 18,684 132,330 436,496 30.3% Planning &Zoning 78,895 313,846 1,117,888 28.1% Parks& Recreation 142,320 570,193 1,311,658 43.5% Library Services 6,730 30,069 360,058 8.4% Geographical Information Services 15,896 48,625 110,133 44.2% Police 644,997 2,845,094 7,498,863 37.9% Police-Grant Contingency - - 93,000 0.0% Building Safety 70,585 351,159 1,235,101 28.4% Public Works 22,537 116,912 321,101 36.4% Custodial & Facility Maintenance 14,689 49,065 146,475 33.5% General Administration: Operations& Maintenance 55,836 173,269 412,698 42.0% Improvements 18,546 65,646 1,341,752 4.9% Equipment - 1,125 - 100.0% Transfers to Other Funds - 1,155,104 1,155,104 100.0% Contingency 7,543,676 TOTAL EXPENDITURES , $ 1,373,884 $ 6,974,493 $ 26,580,798 36.6% REVENUES LESS EXPENDITURES $ (213,208) $ (1,432,978) FUND BALANCE AT JULY 1, 2001 $ 10,700,823 t-. RENT FUND BALANCE $ 9,267,845 , Town of Oro Valley HIGHWAY FUND Budget Compared to Actuals Report Through November 30, 2001 Percentage of Year Completed 5/12=41.7% 2001/2002 Percentage November Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: State Shared Fuels Tax $ 178,723 $ 697,411 $ 2,350,000 29.7% PAG Reimbursements - - 471,000 0.0% Other Revenues 7,110 56,339 93,000 60.6% Fund Balance Carryforward 1,484,394 TOTAL REVENUES 185,833 753,750 4,398,394 25.9% EXPENDITURES: Personnel 73,853 391,558 1,046,663 37.4% Operations&Maintenance 200,756 356,605 979,535 36.4% Capital Improvements 349,680 419,283 1,436,000 29.2% Equipment&Vehicles 71,170 132,825 115,000 115.5% Contingency 821,196 TOTAL EXPENDITURES $ 695,459 $ 1,300,271 $ 4,398,394 36.3% REVENUES LESS EXPENDITURES $ (509,626) $ (546,521) FUND BALANCE AT JULY 1, 2001 $ 1,679,942 'URRENT FUND BALANCE $ 1,133,421 • • Town of Oro Valley PUBLIC TRANSPORTATION FUND Budget Compared to Actuals Report Through November 30, 2001 Percentage of Year Completed 5/12 =41.7% 2001/2002 Percentage November Y-T-D Total of Budget Actuals Actuals Budget , Completed REVENUES: HB 2565 State Grant $ - $ 14,327 $ 39,174 36.6% Federal Grant - - $ 182,400 0.0% Local Transportation Assistance Funds - 59,619 170,000 35.1% Other 3,043 17,417 27,000 64.5% Fund Balance Carryforward 228,232 TOTAL REVENUES 3,043 91,363 646,806 21.8% EXPENDITURES: Personnel 18,378 88,487 245,993 36.0% Operations & Maintenance 9,885 26,434 88,993 29.7% Vehicles - 46,404 228,000 20.4% Contingency 83,820 TOTAL EXPENDITURES $ 28,263 $ 161,325 $ 646,806 28.7% REVENUES LESS EXPENDITURES $ (25,220) $ (69,962) .JD BALANCE AT JULY 1, 2001 $ 240,554 CURRENT FUND BALANCE $ 170,592 Town of Oro Valley TOWNWIDE ROADWAY DEVELOPMENT IMPACT FEES FUND Budget Campared to Actuals Report Through November 30, 2001 Percentage of Year Completed 5/12=41.7% 2001/2002 Percentage November Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: PAG Reimbursement $ - $ - $ 4,011,012 100.0% Interest-Investments 21,708 94,605 160,000 59.1% Development Impact Fees 84,336 549,573 1,403,000 39.2% Fund Balance Carryforward 7,061,478 TOTAL REVENUES 106,044 644,178 12,635,490 11.6% EXPENDITURES: Personnel 11,576 50,247 243,925 20.6% Operations & Maintanence 5,222 32,124 284,100 11.3% Capital Improvements 87,334 291,747 9,866,012 3.0% Equipment&Vehicles - 21,238 9,000 236.0% Contingency 2,232,453 TOTAL EXPENDITURES $ 104,132 $ 395,356 $ 12,635,490 3.8% VENUES LESS EXPENDITURES $ 1,912 $ 248,822 FUND BALANCE AT JULY 1, 2001 $ 6,776,736 CURRENT FUND BALANCE $ 7,025,558 Town of Oro Valley ORO VALLEY LIBRARY CONSTRUCTION Project Costs Through November 30, 2001 Fiscal Year Fiscal Year Fiscal Year Actuals 1999/2000 2000/2001 2001/2002 From Inception Project Budget Actuals Actuals Actuals To Date Construction $ 2,952,000 $ - $ 131,554 $ 1,314,347 $ 1,445,901 Collections 1,250,000 - - 550,304 550,304 Computers/Telecommunications 80,000 - - - - Interior Furnishings 300,000 - - - - Public Art 30,000 - 2,000 - 2,000 Contingency 265,000 - - - - Architectural & Other Professional Services 378,000 70,629 322,971 - 393,600 Total Project Costs $ 5,255,000 $ 70,629 _ $ 456,525 $ 1,864,651 $ 2,391,805 • Town of Oro Valley ORO VALLEY WATER CONNECTION FEES FUND Budget Compared to Actuals Report Through November 30, 2001 Percentage of Year Completed 5/12=41.7% 2001/2002 Percentage November Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: Interest-Investments $ 17,457 $ 72,064 $ 50,000 144.1% Fund Balance Carryforward 6,619,618 TOTAL REVENUES 17,457 72,064 6,669,618 144.1% EXPENDITURES: Capital Outlay - - 2,963,500 0.0% Contingency 3,706,118 TOTAL EXPENDITURES $ - $ - $ 6,669,618 0.0% REVENUES LESS EXPENDITURES $ 17,457 $ 72,064 FUND BALANCE AT JULY 1, 2001 $ 7,103,695 CURRENT FUND BALANCE $ 7,175,759 _ Town of Oro Valley ORO VALLEY WATER CONNECTION FEES DEBT SERVICE FUND Budget Compared to Actuals Report Through November 30, 2001 Percentage of Year Completed 5/12=41.7% 2001/2002 Percentage November Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: Single Family Connections $ 62,090 $ 469,042 $ 1,242,000 37.8% Commercial Connections - 101,150 100,000 101.2% Interest- Investments 3,309 12,974 30,000 43.2% Fund Balance Carryforward - - 677,000 0.0% TOTAL REVENUES 65,399 583,166 2,049,000 42.5% EXPENDITURES: Debt Service Payments I - - 1,372,000 0.0% Contingency - - 677,000 0.0% TOTAL EXPENDITURES $ - $ - $ 2,049,000 0.0% REVENUES LESS EXPENDITURES $ 65,399 $ 583,166 FUND BALANCE AT JULY 1, 2001 $ 724,035 C"RRENT FUND BALANCE $ 1,307,201 Town of Oro Valley ORO VALLEY WATER UTILITY Budgeted Income Statement Through November 30, 2001 Percentage of Year Completed • 5/12=41.7% 2001/2002 Percentage November Y-T-D Total of Budget Actuals Actuals Budget Completed OPERATING REVENUES: Water Revenues $ 656,854 $ 2,867,954 $ 7,154,300 40.1% Service Charges& Meter Income 22,064 288,940 412,500 70.0% TOTAL REVENUES 678,918 3,156,894 7,566,800 41.7% OPERATING EXPENSES: Personnel 95,032 478,875 1,439,160 33.3% Operations & Maintenance 300,592 966,761 2,469,219 39.2% Depreciation &Amortization 104,419 522,095 1,377,200 37.9% TOTAL OPERATING EXPENSES 500,043 1,967,731 5,285,579 37.2% OPERATING INCOME 178,875 1,189,163 2,281,221 52.1% NONOPERATING REVENUES (EXPENSES) Interest Income 35,645 140,231 235,000 59.7% ,' rest Expense 151,300 756,499 1,697,883 44.6% JAL NONOPERATING REVENUES • (EXPENSES) (115,655) (616,268) (1,462,883) NET INCOME $ 63,220 $ 572,895 $ 818,338 RETAINED EARNINGS AT July 1, 2001 $ 3,786,461 $ 3,276,783 CURRENT RETAINED EARNINGS $ 4,359,356 $ 4,095,121 r Town of Oro Valley ORO VALLEY WATER UTILITY Capital Budget Through November 30, 2001 November Y-T-D 2001/2002 % Budget CAPITAL BUDGET Actuals Actuals Total Budget Completed Machinery & Equipment $ 403 $ 8,960 $ 69,900 12.8% Vehicles - 45,292 49,500 91.5% Land - - 500,000 0.0% Meters 791 25,879 135,000 19.2% Wells 23,512 367,526 480,000 76.6% Booster Stations 25,188 34,226 650,000 5.3% Transmission/Distribution Main 356,048 987,519 1,904,500 51.9% Reservoirs 523,021 1,272,886 2,247,000 56.6% Hydrants - - 50,000 0.0% Telemetry - - 160,000 0.0% Structures 6,886 6,886 140,000 4.9% Water Rights - - 5,000,000 0.0% TOTAL CAPITAL BUDGET $ 935,849 $ 2,749,174 $ 11,385,900 24.1% TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: JANUARY 9, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: Brent Sinclair, AICP, Community Development Director Kevin Verville, Information Systems Administrator SUBJECT: Resolution No. (R) 02 - 01 Award of Contract to Electronics City for Audio/Visual Improvements to the Development Services Building Hopi Room BACKGROUND The Development Services Building was completed in April of 2000. The large meeting room known as the Hopi Room serves a variety of functions both formal and informal. It was anticipated that the Hopi would be pp eq ui ed with state of the art audio/visual equipment to fully maximize its potential as a training facility and a formal meeting hall. Toward that end $60,000 was approved in the FY 2000-01 Capital Improvements Program to pay for these improvements. REQUEST FOR PROPOSALS During the months of November and December staff prepared and solicited a Request for Proposals for this project. On December 18, a total of four proposals were reviewed and opened. Each bidder provided the cost forrovidin and installing the equipment. Although staff provided a minimum standard and specification for p g each p iece of equipment, each bidder had the discretion to meet or exceed the specification. Therefore, each proposal varied in cost and quality. Staff carefully reviewed each proposal and determined that the proposal submitted by Electronics City is the proposal that best matches the specifications and needs of the Town. A proposal submitted byAV Innovations was actually lower in cost but had equipment specified in the proposal p that did not meet or exceed the proposal of Electronics City. Therefore, Electronics City's proposal represents the lowest and best bid for the equipment specified. FISCAL IMPACT $60,000 is budgeted in the FY 2000-01 Capital Improvement Plan. RECOMMENDATION Staff recommends acceptance of the bid from Electronics City and authorize staff to enter into contract for a cost of$48,995.00 TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTION I MOVE TO APPROVE RESOLUTION NO. (R)02-01 AND accept the proposal submitted by Electronics City for a cost of$48,995.00 and authorize staff to enter into a contract for said amount. Information Systems Administrator Community Development Director 9 At Town Manager k� \.ttachments F:\individ\HBS\BLANK TCC RESOLUTION NO. (R) 02- 01 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA APPROVING AND AUTHORIZING THE TOWN TO ENTER INTO A CONTRACT FOR THE DEVELOPMENT SERVICES BUILDING, HOPI ROOM WHEREAS, the Town of Oro Valley has received proposals for the audio/visual equipment for the Development Services Building, Hopi Room; and, WHEREAS, the Town of Oro Valley desires to enter into a Contract with Electronics City for audio/visual equipment for the Development Services Building, Hopi Room; and WHEREAS, the contract should include, but is not limited to sound system, presentation equipment, video equipment and displays, and other necessary audio/visual equipment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: 1. The staff is authorized to contract with Electronics City to provide sound system, presentation equipment, video equipment and displays, and other necessary audio/visual equipment for the Development Services Building, Hopi Room. 2. Staff is authorized to prepare a Notice of Award to the above named bidders and transmit said Notice along with the Contract Agreement for execution. 3. Staff is authorized to issue the Notice to Proceed in accordance with the requirements of the Contract Agreement upon receipt of the executed Contract Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 9TH day of JANUARY , 2002. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney MINUTES TO BID OPENING TOWN OR ORO VALLEY PUBLIC NOTICE REQUEST FOR PROPOSAL ORO VALLEY CONFERENCE ROOM AUDIO/VISUAL MULTI-MEDIA SYSTEM CALL TO ORDER: 2:04 p.m. PRESENT: Community Development Director, Brent Sinclair Information Systems Administrator, Kevin Verville Secretary II, Linda Hersha Electronic City representatives, Jay Okimoto and Luys Figueroa The following bid was submitted: Company Name Address Bid Information Bid Amount P y Form A V Innovations Inc. 4408 E. Speedway Blvd. Yes $38,079.00 Tucson, Arizona 85712 Electronic City 1300 S. Park Ave. Yes $48,995.00 Tucson, Arizona 85713 Roh's 2922 N. Campbell Ave. Yes $60,124.67 Tucson, Arizona 85719 Arizona Sound & 1530 E. Broadway Blvd. Yes $74,297.52 Light, Inc. Tucson, Arizona 85719 Respectfully submitted, Linda Hersha, Secretary II TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: January 9,2002 TO: HONORABLE MAYOR& COUNCIL FROM: Jose N.Rodriguez,P.E., Project Manager/Civil Engineer SUBJECT: Resolution (R) 02-02 Award of contract for Project No. OV30 00/01-02 Smokethom Drive Drainage Improvements SUMMARY: This project involves reconstructing damaged drainage facilities (catch basins, cut off walls and scour basins) and stabilizing eroded slopes with grouted riprap and concrete. The work is within the Copper Creek Subdivision along Smokethom. In response to the advertisement for bids,the Town received four bid proposals. The bid proposals were opened by Town staff at 10:00 A.M. Friday,December 14,2001. The following is a summary of the bids received along with the engineer's estimate: 1. K. A. Z. Construction,Inc. $ 85,800.00 2. Falcone Brothers,Inc. $93,550.00 3. Southern Arizona Paving&Construction Company $150,339.00 4.West Point Contractors,Inc. $152,030.00 Engineer's Estimate $ 80,555.00 ATTACHMENTS: Resolution(R) 02 -02 FISCAL IMPACT: Funding for this project is available from budgeted Town funds Funding Summary: Fiscal year 00/01 (CIP) $150,000.00 Design Fee $ 13,756.00 Balance $136,244.00 TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATION: Public Works staff recommends the awarding of this contract to K. A.Z. Construction,Inc. through the adoption of the attached resolution. SUGGESTED MOTION; The Council may wish to consider one of the following motions: I move to approve Resolution(R)02- 02 OR I move to deny Resolution(R)02-02 Paul K.Nzomo,P. .,Engineering Div.Manager William A.Jansen,P. To Engineer Chuck Sweet,Town Manager RESOLUTION NO. (R) 02- 02 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING AUTHORIZATION FOR THE MAYOR TO CONTRACT WITH KAZ CONSTRUCTION, INC. FOR THE SMOKETHORN DRIVE DRAINAGE IMPROVEMENT. WHEREAS, maintaining public roads in safe operating conditions within the Town's right of wayis necessaryto the public health, safety, and welfare in order to provide for � the safe and effective movement of vehicular and pedestrian traffic;and WHEREAS, the Town Council deems it necessary, in the interest of providing for the health, safety, and welfare of the citizens of Oro Valley, to authorize the Mayor to contract with KAZ Construction, Inc. for reconstructing the damaged drainage facilities for Smokethorn Drive within the Copper Creek Subdivision. These improvements involve reconstructing catch basins, cutoff walls, scour basins and stabilizing eroded slopes with grouted riprap and concrete and other incidental work. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA: Authorizing the Mayor to contract with KAZ Construction, Inc. for reconstructing the damaged drainage facilities for Smokthom Drive located within the Copper Creek Subdivision, including stabilizing eroded slopes with grouted riprap and concrete, reconstructing catch basins,cutoff walls,scour basins and other incidental work. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,Arizona this 9 thday of January,2002. TOWN OF ORO VALLEY,ARIZONA Paul H.Loomis,Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier,Town Clerk Dan Dudley, Town Attorney Date Date TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: January 9, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier,Town Clerk SUBJECT: Resolution No. (R)02- 03 A resolution authorizing the execution of an Intergovernmental Agreement for Election Services between the Town of Oro Valley, Pima County Elections and the Pima County Recorder SUMMARY: The attached resolution adopts an Intergovernmental Agreement between the Town and Pima County Elections and the Pima County Recorder for providing Election Services for the Town's March 12th Primary Election and the May 21st General Election. Expenses for the Ballot-By-Mail Elections have been budgeted under Election Services of the General Fund for FY 2001/2002 Budget. Town Attorney Dan Dudley has reviewed the attached IGA and finds it to be in order. SUGGESTED MOTION: MOVE to adopt Resolution No. (R)02-03 ATTACHMENTS: 1. Resolution No. (R)02-03 2. Intergovernmental Agreement 74,J Kathryn Cuvelier, Town Clerk Chuck Sweet, Town Manager RESOLUTION NO. (R)02- 03 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY, PIMA COUNTY ELECTIONS AND THE PIMA COUNTY RECORDER WHEREAS, ARS Section 16-205, 16-172, 11-251 and 16-400, et. seq., authorizes the County to perform services for any political subdivision regarding elections; and, WHEREAS, ARS Section 16-172 authorizes any political subdivision conducting elections to utilize the county registration rolls upon reimbursement to the Recorder for actual expenses in furnishing voter registration data to the subdivision; and, WHEREAS, ARS Section 16-408 permits the governing body of any election district authorized to conduct an election to contract with the Board of Supervisors and Recorder for election services, with the contracted cost being a charge against the election district; and, WHEREAS, the Town of Oro Valley desires to utilize the Pima County registration rolls and other election related services provided by the County Division of Elections and Recorder for the Primary Election to be held March 12, 2002, and the General Election to be held on May 21, 2002; and, WHEREAS,the Town of Oro Valley, Pima County Elections and the Pima County Recorder have determined that it is in the best interest of the public for the Town to use the services of the Elections Division and the Recorder in conducting the all Ballot by Mail elections called for March 12, 2002 and May 21, 2002. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA that The attached Intergovernmental Agreement between the Town of Oro Valley, Arizona, Pima County Elections and the Pima County Recorder is hereby approved. PASSED AND ADOPTED this 9th day of January, 2002. Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Dan L. Dudley, Town Attorney INTERGOVERNMENTAL AGREEMENT For Election Services Among The Town of Oro Valley, Pima County and the Pima County Recorder This Intergovernmental Agreement (IGA) is by and among THE TOWN OF ORO VALLEY OF PIMA COUNTY,ARIZONA, a municipal subdivision of the State of Arizona("the Town"),PIMA COUNTY, a political subdivision of the State of Arizona("the County"), and the PIMA COUNTY RECORDER ("the Recorder"). RECITALS 1. The Town, pursuant to A.R.S. §§9-231(A) and 19-121.04(B), et. seq., called for a Primary Election and Special Election to be held on March 12,2002 and a General Election to be held on May 21,2002. On November 7, 2001,pursuant to its authority under A.R.S. §16-409(A), the Town Council approved the elections as all Ballot by Mail elections. 2. A.R.S. §§16-205, 16-172, 11-251 and 16-400, et. seq., authorizes the County to perform services for any political subdivision regarding elections. 3. A.R.S. X16-172 authorizes any political subdivision conducting elections to utilize the County registration rolls upon reimbursement to the Recorder for actual expenses in furnishing voter registration data to the subdivision. 4. A.R.S. §16-408 permits the governing body of any election district authorized to conduct an election to contract with the Board of Supervisors and Recorder for election services, with the contracted cost being a charge against the election district. 5. The Town desires to utilize the Pima County registration rolls and other election-related services provided by the County Division of Elections ("the Elections Division") and Recorder for the Primary Election to be held March 12, 2002, and the General Election to be held on May 21, 2002. 6. The Town, the County and the Recorder have determined that it is in the best interest of the public for the Town to use the services of the Elections Division and the Recorder in conducting the all Ballot by Mail elections called for March 12, 2002 and May 21, 2002. Now, therefore, the parties agree, as follows: AGREEMENT 1. Purpose. The purpose of this IGA is to set forth the duties and responsibilities of the Recorder,the Elections Division and the Town with respect to the March 12,2002 and May 21,2002,Ballot by Mail elections to be held in accordance with the provisions of A.R.S. §16- 558, et. seq. Agreement Between Pima County and The Town of Oro Valley Page 2 of 7 2. Term/Termination. The term of this IGA shall be from December 1, 2001, through completion of all obligations and activities contemplated by this IGA, provided that the term shall continue through final resolution of any legal challenge to the election. 3. Scope: County Recorder and Election Division Services. A. The Recorder shall: (1) By December 12, 2001, prepare and mail a notice to every Oro Valley registered voter on active status, in order to test addresses in advance of the mailing of ballots. The notice shall be sent by first class mail with return service requested. The Recorder will send second notices to any Oro Valley voter as required by state and federal law in order to remove any inactive addresses in advance of the mailing of ballots. (2) Mail ballots on February 7, 2002 for the March 12, 2002 Primary Election and on April 18, 2002 for the May 21,2002 General Election,to all actively registered voters within the Town in compliance with A.R.S. S16-558.01. The Town will pay return for all voted ballots. Any required sample ballots and publicity pamphlets postage provided by the Town of Oro Valley and/or the Elections Division prior to February 5, 2002 will be included in the mailing with each ballot. (3) Providereplacement ballots as required after February 7, 2002 for the Primary Election, and after April 18, 2002 for the General Election until 7:00 p.m. on each Election Day, pursuant to the provisions of A.R.S. S16-558.02. (4) Provide sufficient ballots,equipment, materials and training to the Town staff for an online voter computer system for use by the Town Clerk as a location to issue replacement ballots and to accept voted ballots at the Clerk's office located at 11,000 N. La Canada Drive, Oro Valley. (5) Provide Deputy County Recorders for team early voting when necessary at $50.00 Per request and give the Town notice of each request for team early voting. (6) Prepare and deliver a single invoice to the Town no later than 21 days after the final election date, containing a detailed breakdown of all costs for these election. B. The Elections Division shall: (1) Provide final camera-ready ballot formats to the Town, including Spanish language translations, no later than 55 days prior to the elections. Any and all changes made after the Town or a designate of the Town signs the sample proofs, shall be directed in written form to the Division of Elections. The Division of Elections shall arrange with the vendor for the ballot changes and advise the Town of the additional charges Agreement Between Pima County and The Town of Oro Valley Page 3 of 7 incurred as a result of such changes for inclusion in the invoice. The additional charges will be invoiced directly from the vendor to the Town. (2) Provide optical scan ballots that will allow qualified electors to vote the ballots. (3) Provide the publicity pamphlets with the Town of Oro Valley Home Rule Option Summary Analysis and Detailed Analysis. The publicity pamphlets will be delivered to the Pima County Recorder's Office not less than 34 days prior to the election for inclusion with the ballot package to be mailed by the County Recorder's Office. (4) Tally official results of the elections,utilizing Pima County optical scan equipment. Conduct the Logic and Accuracy Test,including publishing the public notice of the time and location of the test as required by A.R.S. § 16-449. (5) Prepare and deliver to the Pima County Recorder,the ballots for use in the election process and tabulate said ballots upon return from the Pima County Recorder. (6) Provide a certified copy of the "Official Election Returns" to the Town within ten (10) days after the elections. (7) Store and dispose of election material as required by law. (8) Prepare and deliver a single invoice to the Town for charges incurred by the Elections Division no later than thirty (30) days after the election dates,containing a detailed breakdown of all costs. 4. Financing/Payment. A. Within thirty (30) days of the date of invoice, Town will pay the Pima County Recorder: (1) $1.80 for each ballot mailed; (2) $0.50 for signature checking on each returned ballot; (3) $1.00 for each replacement ballot issued; and (4) Reimbursement of actual costs incurred by the Recorder for printing,addressing and mailing the initial pre-election notice to all Oro Valley registered voters. The Recorder shall pay all costs incurred in sending second notices required by state and federal law. (5) The Town agrees to make payment in the amount of$10,000.00 to the United States postmaster for each election to directly cover some of the postage costs. The payment will be credited toward any remaining fees charged by the Recorder. B. Within thirty (30) days of the date of invoice, the Town will pay the Elections Division: Agreement Between Pima County and The Town of Oro Valley Page 4 of 7 (1) The actual costs for translation fees to translate the ballot into Spanish and for ballot printing. (2) All applicable service fees as set forth in Schedule of Prices Level 3,Specific Services for Support of Election, a copy of which is attached hereto as Addendum A. C. Any amount invoiced by the Recorder or County remaining after thirty (30) days shall accrue interest at the rate of ten percent (10%) per annum until paid. The Town expressly acknowledges and agrees that the payments required to be made hereunder constitute valid, binding obligations and authorized debt of the Town. 5. Additional Town Obligations. A. As contingent conditions for the obligations of the Recorder and Elections Division pursuant to this Contract, the Town shall: (1) Furnish office space and staff to issue replacements ballots at the Town Offices and to accept voted ballots until 7:00 p.m. on March 12, 2002 for the Primary Election, and May 21,2002 for the General Election. The Town staff will notify the Recorder prior to delivery of any replacement ballots to any voter. (2) 90 days prior to the election, provide the Pima County Division of Elections with the language to be included in the publicity pamphlet. Any and all changes made after the publicity pamphlet has been sent to be printed, will be directed in written form to the Division of Elections' Office. The Division of Elections will arrange with the vendor for the publicity pamphlet changes and will advise the Town of the additional charges incurred as a result of such changes. The additional charges will be invoiced directly from the vendor to the Town. (3) Arrange for and publish any and all notices of this election as required by law. (4) Prepare any necessary submissions to the United States Department of Justice and maintain a record of such submissions. (5) Prepare and timely submit the report required by A.R.S. § 16-409(B). B. The Town shall notify the Recorder and the Elections Division in writing of all requests for election-related services to be performed pursuant to this Agreement. 6. Indemnification. To the greatest extent permitted by law, The Town shall indemnify, defend, and hold harmless, the County, the Recorder, their officers, employees and agents from and against any and all suits, actions, legal administrative proceedings, claims or demands or damages of any kind or nature arising out of this IGA which are attributed to Agreement Between Pima County and The Town of Oro Valley Page 5 of 7 any action or omission of the Town, its agents, employees, or anyone acting under its direction, control or on its behalf,unless such actions are due solely to the negligence of the County Recorder. The Town's obligations pursuant to this section shall survive the termination, cancellation or expiration of this IGA. 7. Compliance with Laws. The parties shall comply with all federal,state and local laws,rules, regulations, standards and Executive Orders,without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of thearties, the performance of this Agreement and any disputes hereunder. Any action P relating to this Agreement shall be brought in an Arizona court in Pima County. Any changes in the governing laws, rules and regulations during the terms of this Agreement shall apply but do not require an amendment. 8. Non-Discrimination. The Town shall not discriminate against any County employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out duties pursuant to this IGA. The Town shall comply with the provisions of Executive Order 75-5,as amended by Executive Order 99-4, which is incorporated into this Agreement by reference, as if set forth in full herein. 9. ADA. TheP arties shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 10. Severability. If any provision of this IGA is held to be invalid or unenforceable, the remainingprovisions shall continue to be valid and enforceable to the full extent permitted by law. 11. Conflict of Interest. This contract is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511, the pertinent ertinent provisions of which are incorporated herein by reference. 12. Non-Appropriation. Notwithstanding any other provision in this IGA, this IGA may be p terminated if for any reason the County Board of Supervisors does not appropriate sufficient monies for theP Pur ose of maintaining this IGA. In the event of such cancellation, neither the County, nor the County Recorder shall have any further obligation to Town. 13. Legal Authority. No party arty warrants to any other party its legal authority to enter into this IGA. If a court, at the request of a third person, should declare that any party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall be null and void, and no recovery may be had by any party against the other for lack of performance or otherwise. 14. Worker's Compensation. Each party shall comply with the notice of A.R.S.S 23-1022(E). ForP pur oses of A.R.S. S 23-1022, each party shall be considered the primary employer of all Agreement Between Pima County and The Town of Oro Valley Page 6 of 7 ntl or hereafter employed that party, irrespective of the operations of personnel currentlyby party protocol in place, anart such h shall have the sole responsibility of the payment of Worker's Compensation benefits or other fringe benefits of said employees. 15. No Joint Venture. This IGA is not intended to, and this IGA shall not be construed to, joint ment relationship between the parties or venture or em tocreate any partnership, employment create any employer-employee relationshipbetween County or Recorder and any Town employees, or between County etween the Town and anyployees. No party shall be liable for any debts, em obligations nor other liabilities whatsoever of any other party, accounts, g including (without limitation) any other party's's obligation to withhold Social Security and Y income taxes for itself or any of its employees. Third PartyBeneficiaries. Nothingin the provisions of this IGA is intended to create 16. No duties or obligations rightsinthirdparties ations to or not parties to this IGA, or affect the legal n partyto the IGA byimposing any standard of care different from the liability of any p g standard of care imposed by law. 17. Entire IGA. This document constitutes the entire agreement between the parties pertaining matter hereof, andallprior or contemporaneous agreements the subject ements and oral or written, are herebysuperseded and merged herein. This IGA shall understandings, amended, altered or extended except through a written amendment signed not be modified, p by the parties arties and recorded with the Pima County Recorder. Agreement Between Pima County and The Town of Oro Valley Page 7 of 7 IN WITNESS WHEREOF,the parties arties hereby have executed this Agreement on this day of , 2001. PIMA COUNTY BOARD OF TOWN OF ORO VALLEY SUPERVISORS • By: By: Paul Loomis, Mayor Raul Grijalva, Chair PIMA COUNTY RECORDER By: F. Ann Rodriguez ATTEST: ATTEST: By: By: Kathryn Cuvelier, Clerk Lori Godoshian, Clerk of the Board Of Supervisors, Pima County The foregoing IntergovernmentalAgreement A reement between The Town of Oro Valley,Pima County and the Pima CountyRecorder has been reviewed pursuant to A.R.S. § 11-952 by the have determined that it is in the proper form and is within the powers and undersigned, who p p authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. Countyand Pima CountyRecorder The Town of Oro Valley Pima Deputy County Attorney Attorney for Town of Oro Valley TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: January 9, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: David Ronquillo, Planner I SUBJECT: OV12-00-25, CATALINA COMMUNITIES, REPRESENTING THE TEPPER PROPERTY, REQUESTS APPROVAL OF A PRELIMINARY PLAT FOR THE VISTA MONTANA SUBDIVSION; LOCATED ON THE SOUTHWEST CORNER OF LINDA VISTA BOULEVARD AND EGLESTON DRIVE, PARCEL #225112350 BACKGROUND: Vista Montana Subdivision is located on the southwest corner of Linda Vista Boulevard and Egleston Drive, approximately 1/2 mile west of Oracle Road. The subdivision consists of 8.66 acres with a zoning of R1-7 and y R1-36. The topography of the site is relatively flat,with an average cross slope of approximately 2.35%. Currently, property the is vacant and undeveloped; there is an existing single-family home on the northwest corner of the site,which is not included as part of this subdivision. On April 19, 2000, the Town Council conditionally approved a rezoning request for this property in the Linda sta Citrus Tracts from R1-144 to R1-7 and R1-36. The conditions from this approval have been or will be ....dressed during the platting process. SUMMARY: Catalina Communities has proposed to develop Vista Montana, a 21 lot subdivision. The subdivision will consist of two types of single family uses on the subject property; a low-density residential (R1-36) along the west edge, and a medium density residential type (R1-7) on the remaining portion of the site. The majority of the R1-7 lots range range from 8,000 to 11,000 square feet and the remaining two lots (R1-36) are just over 36,000 square feet in size. The proposed R1-36 zone does not include the existing residence on the northwest corner of the site, which has access off Linda Vista Boulevard. There are two lots, approximately 175-feet by 200-feet, with a minimum size of 36,000 square feet. The maximum building height for these homes is 18'. The proposed R1-7 section is similarly zoned to Sunstone Estates, located north of the subject property. The lots pp average approximately 70' by 110', with a minimum lot size of 7,000 square feet and a minimum width of 70'. The maximum building height for these homes is 25-feet Plat Design overall, the subdivision is well designed providing one entrance on the east side of the property off Egleston ive. There is no vehicle access off Linda Vista Drive on the north end of the subdivision; however, pedestrian access will be utilized on the northwest corner of the site. F:\OV\Ov 12\2000\12-00-25\Pre-PIatTCrpt.doc TOWN OF ORO VALLEY )UNCIL COMMUNICATION Page 2 of 4 OVZCR The preliminary plat meets the requirements of the OVZCR. Surrounding Land Uses North - Sunstone Estates, Single Family Residential, R1-7 South - Linda Vista Citrus Tracts, Single Family Residential, R1-144 East - Linda Vista Citrus Tracts, Single Family Residential, R1-144 West - Linda Vista Citrus Tracts, Single Family Residential, R1-144 Multi-Use Path/Recreation Due to the close proximity of the James D. Kriegh Park, a multi use path has been integrated on the east side of thep roperty along Egleston Drive. The path is a three-foot wide walk area constructed of decomposed granite, which meanders around significant vegetation and provides connection to the park. An in-lieu fee will be required since a recreation area was not provided for the site. This fee will be used for the fundingof future Town parks and recreation facilities. The applicant must submit a proposal to the Planning d Zoning Administrator who shall forward his recommendation to Town Council. Furthermore, the in-lieu for the recreation area must be approved roved prior to review of the Final Plat. If the in-lieu fee is not approved, pp the design of this plat may be subject to change to allow for a recreation area. Rezoning Conditions Most of the conditions have been addressed. The remaining conditions will be addressed during the final plat process, improvement plan stage and once the landscape plan is submitted. Traffic Ic Impacts The plat proposes one access point onto Egleston Drive. The proposed development does not depend on future off-site road improvements for access. The traffic impacts from this site are minor to the Linda Vista Boulevard and Egleston Drive intersection. Based on the Institute of Transportation Engineer's (ITE) data, it is anticipated that an increase of approximately 230 average daily trips (ADTs) are expected. The proposed internal streets will be public and conform to the Town of Oro Valley's subdivision street standards As specified in the OVZCR and the Town of Oro Valley Pedestrian and Bicycle Plan, bike/pedestrian connections must be provided. In particular, the Plan promotes connections to James D. Kriegh Park and Canyon Del Oro High School. The bike lanes on Egleston are adequate and credit has been given for the multi- use path instead of providing a sidewalk on Linda Vista. ainage g A wash from the east impacts the northeastern part of the proposed subdivision. This wash will not be diverted F:\ov\ovi2\2000\12-00-25\Pre-PlatTCrpt.doc TOWN OF ORO VALLEY JUNCIL COMMUNICATION Page 3 of 4 and no significant encroachment into its floodplain is anticipated. Floodwalls will be constructed to protect Lots 1 and 11-14 from potential erosion and flooding. Offsite flow increases 0.2 cfs for 100-year post developed flow. Flows will outlet from the west side of a detention basin, via a 24 foot weir with 8 inch low flow pipe. At the end of the low flow pipe, an energy dissipation device will hold flow within a 2 foot concrete box structure with rip rap bottom, called a bubbler,which allows flow to build up and over flow or "bubble" out through the top grated opening thus reducing the energy.discharge The weir and bubbler flows will discharge from a 20 by 49 foot rip rap splash pad onto the west property in a non-erosive manner. Velocity for the weir outlet is 3.0 feet per second which is non-erosive. The flow will then spill onto the rip rap splash pad that will reduce the velocity further in order to prevent erosion of existing downstream channel. Grading This is a combined mass graded and custom graded subdivision and lots 20 & 21 will require a Type 1 grading permit for development. Grading of the mass graded lots will conform to the OVZCR. The existing wash at the northeast corner of the site and its associated floodplain will remain as natural undisturbed open space. GENERAL PLAN CONFORMANCE: Laff finds the Preliminary Plat in conformance with the General Plan Design Policies. In particular, the following policies apply: • Policy 4.1A, "Protect the integrity and aesthetics of existing neighborhoods through the use of appropriate buffers". This development has provided buffers along the proposed higher density lots (R1-7) to allow an adequate screen from the adjacent properties. • Policy 6.2G, "Preserve and enhance open space areas that protect the visual, natural and cultural resources of the community". The wash area on northwest corner of the subdivision will be left undisturbed as natural open space and will provide a transition from the existing homes. DEVELOPMENT REVIEW BOARD ACTION: At their regular meeting of September 18, 2001, the Development Review Board (DRB) voted unanimously (5- 0) to recommend conditional approval of the preliminary plat for the Vista Montana Subdivision with the conditions in Exhibit A. To date, all the conditions from this meeting have been addressed. PUBLIC NOTIFICATION: The preliminary plat has been noticed and published in accordance with the Town policies. There have been no concerns addressed by the surrounding residents. "ECOMMENDATION: Staff recommends approval of the Vista Montana Preliminary Plat, subject to the conditions listed in Exhibit A. F:\OV\OV 12\2000\12-00-25\Pre-PlatTCrpt.doc TOWN OF ORO VALLEY UNCIL COMMUNICATION Page 4 of 4 SUGGESTED MOTIONS: I move to approve OV 12-00-25, Vista Montana Preliminary Plat, subject to the conditions listed in Exhibit A, attached herewith. OR I move to approve OV 12-00-25, Vista Montana Preliminary Plat, subject to the conditions listed in Exhibit A and the following added conditions: OR I move to deny OV 12-00-25, Vista Montana Preliminary Plat, finding that: . Attachments: 1. Exhibit A 2. Preliminary Plat L.—;A—, Planninnv e Zon'ng A i mi strator ,/, •' 6/C munity D lopment Director Town Manager F:\Ov\ov 12\2000\12-00-25\Pre-PlatTCrpt.doc . EXHIBIT A OV12-00-25 PRELIMINARY PLAT 1. Wall opening sizing and spacing shall be provided for any future walls. 2. Private sewer for lots 20 &21 shall be approved by Pima County Department of Environmental Quality prior to issuance of Grading Permit. F:\OV\OV 12\2000\12-00-25\Pre-P1atTCrpt.doc -:fie-�xrc-oe.i ,(-r 4 -i:. m w+:.ak:-4 a\rlx�ccrs\�oome m\m,\�n+-o1"9 _u.,�':�pnaccrs:salla\o,\m,\rzaaae•.c ty„utcls\,orol�Ww.a.p sWloicts\rooms\m���e,� V T (N7: N N N j N ' - .... ' ? 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U p o o `8,„.-?,z0 mzx ►` N Z I o O D Z Z �� to • §'2 �n�zp a ❑ .L._ D II Wo � Z �o -, g Z 1-7;6> l • O w m E, (, al D�''� E m W o o !N al JI N Z o I �O at 0 m r I O t- .rJ D O , O G� 8 Z m z ZD D Z Z£ 8 o (o" �Z ND S O N r m o0 0 < I —j m ' -'L I ' n -,-9)1 C A N _ A i -1 n = o v1� � �m�D� � ��•6' O z W '� Ioi W-1 n s!,W*-1 P °yA S N ;lc:, cn � z Y O1 �7 D c pZD N D b E o o 92 ZO V1 r U ."' N .O. i N Z Z N gN .)m Z O • y� r I . UN 5 O m m' N ; ,,m m • zo -1.1,5�'N o " "Q `n r i z '.; 54rtp lh Le rYi Z i W 9 W O uo g I :c4,O�p0 TOWN OF ORO VALLEY 2 COUNCIL COMMUNICATION MEETING DATE: January 9, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Kathryn Cuvelier, CMC Town Clerk SUBJECT: ELECTION OF VICE MAYOR SUMMARY: Section 2-1-4 of the Oro Valley Town Code states that "At the first regular meeting in January of each calendar year, the Town Council shall elect one of its members as Vice-Mayor by a majority vote. Those Council Members eligible each January are only those whose terms will not expire in June of that calendar year." Those eligible for consideration are: Council Member Johnson Council Member Rochman Council Member Wolff The Vice-Mayor shall serve at the pleasure of the Council for a term of two years or until a successor is elected. ATTACHMENTS: 1. Oro Valley Town Code, Section 2-1-4 Office of Vice Mayor RECOMMENDATIONS: None. SUGGESTED MOTION: Mayor Loomis will open/close nominations. I MOVE to Elect as Vice-Mayor effective for a term of 2 years commencing on January 9, 2002. a ent Hea�• i,i • , , / Town Manager Section 2-1-4 Office of Vice-Mayor A. Election. At the first regular meeting in January of each calendar year,the Town Council shall elect one of its members as Vice-Mayor by a majority vote. Those Council Members eligible each January are only those whose terms will not expire in June of that calendar year. B. Term. The Vice-Mayor shall serve at the pleasure of the Council for a term of two(2)years or until a successor is elected. C. Duties. The Vice-Mayor shall be appointed to perform the duties of the Mayor during his absence,pursuant to ARS 9-236. The Vice-Mayor's compensation in this instance shall be increased to match that of the compensation of the Mayor. In the event of a vacancy in the office of Mayor,the Vice- Mayor shall succeed to the office of Mayor until the end of the term to which the Vice-Mayor was elected or the end of the term to which the Mayor was elected,whichever comes first, and then a new Vice-Mayor shall be elected. (01-22,Amended,09/19/2001) Page 1 of 1 3 TOWN OF ORO VALLEY 'OUNCIL COMMUNICATION MEETING DATE: January 9, 2001 TO: HONORABLE MAYOR & COUNCIL FROM: JEFF GRANT, HUMAN RESOURCES DIRECTOR SUBJECT: Ordinance No. 0 02- 01 AMENDING POLICY NO. 10, ATTENDANCE AND LEAVES, OF THE TOWN OF ORO VALLEY PERSONNEL POLICIES AND PROCEDURES CODE,AND DECLARING AN EMERGENCY. SUMMARY: The Town of Oro Valley adopted the Town of Oro Valley Personnel Policies and Procedures Code by Ordinance (0-99-35) on April 21, 1999. A revision to a section of the subject Policy is recommended in order to provide a competitive level of compensation to our employees who serve in the military reserves. Revision of Policy 10—Attendance and Leaves, Section 5—Military Leave: The proposed revision will provide an enhanced level of compensation for military reservists who have been activated due to presidential call-up for Operation Enduring Freedom. The proposed revision is consistent with a recent action by the City of Tucson, and similar actions taken by numerous other municipal jurisdictions in the state pursuant to the terrorist attack of September 11. Currently the Town of Oro Valley grants military leaves that are in accordance with both federal and state laws. The Town is required to grant 30 paid days in any two-year period for military 'ave purposes. The proposed revision will provide supplemental pay for reservists activated as a result of eresidential order. In effect, under the terms of the proposed change, the reservists will be able to receive compensation from the Town, which, in addition to their military pay will provide total compensation equal to their regular pay with the Town. This is the same mechanism used for employees who must meet other civic responsibilities, such as jury duty. Employees who opt for the supplemental pay will continue to receive the normal paychecks (with appropriate deductions for benefits, taxes, etc.) and will provide the Town with their military pay. Employees who opt for supplemental pay will first be required to utilize any remaining balance on the mandated benefit of 30 days paid military leave. Employees will not be required to use accrued vacation or sick leave during their military leave. This revision proposes supplemental pay be provided to eligible employees for periods of up to one year, but the policy should be reviewed at the end of the current fiscal year for ongoing cost and feasibility. In addition, the Town currently allows reservists who are activated to continue to maintain their benefits so as not to create hardships for them or their families. They are allowed to continue to maintain their medical, dental, life and other insurance at present contribution levels. (Current federal law only requires that the employees be allowed to continue their health benefits by remitting contribution levels of up to 102% of the existing premiums.) Employees who opt for supplemental pay will continue to accrue annual leave and sick leave during their period of military leave. By state law the Town is required to pay both the employer and the employee contribution amounts for -iembers of the Public Safety Personnel Retirement System. To reduce additional expense to the Town, and to ioid potential conflict with state laws involving gifts to employees, the amount of supplemental pay for P.S.P.R.S. members should be reduced by the amount of the Town-provided employee contribution to the P.S.P.R.S. on their behalf. FISCAL IMPACT: It is difficult to estimate the exact costs of this proposal. The Town currently has five known reservists, two of Thorn have been called to active duty. In both cases, these reservists will realize "shortfalls" in compensation ..,,s a result of their service, ranging from approximately 6-30% of their current regular pay with the Town. Two of the remaining three reservists would probably receive higher compensation levels on active duty than they currently receive with the Town, and would probably not opt for the supplemental pay option. In short, the Town would probably not replace any of the reservists who are called for active duty, because we must guarantee them their positions upon their return. SUGGESTED MOTION: I move to approve Ordinance No. 0 02 - 01 amending the Town of Oro Valley Personnel Policies and Procedures Code. ATTACHMENT: Ordinance No. 0 02- 01 . i 7 .,,� f,1)9. MAI-'/ / Jeff Grant, Human Resources Director rif aLl / I Chuck Swee , Town Manager ORDINANCE NO. 02 - 01 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING SECTION 5, MILITARY LEAVE, OF POLICY NO. 10,ATTENDANCE AND LEAVES, OF THE TOWN OF ORO VALLEY PERSONNEL POLICIES AND PROCEDURES CODE; 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; AND DECLARING AN EMERGENCY TO EXIST. WHEREAS,on April 21, 1999, the Town Council did adopt Ordinance Number(0) 99- 35,which made that certain document entitled, "Town of Oro Valley Personnel Policies and Procedures Code,"part of the Town Code and the official procedural manual for all Town employees; and WHEREAS, the Town has deemed it necessary to amend part of Policy No. 10, which would permit Town employees who serve as military reservists, and who have been activated by presidential call-up, to receive supplemental pay from the Town of Oro Valley; and WHEREAS,pursuant to Arizona Revised Statute § 9-240, the Town has the authority to provide policies and procedures for its employees and the Town believes an amendment to the Town of Oro Valley Personnel Policies and Procedures Code is in the best interest of the employees of the Town. 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 "Town of Oro Valley Personnel Policies and Procedures Code," is hereby amended as follows: SECTION 1. Section 5 of Policy No. 10 is amended to include the following addition shown in ALL CAPS: Policy 10 ATTENDANCE AND LEAVES SECTION 5. Military Service Leave: Leave of absence for military service shall be granted in accordance with the provisions of applicable State and Federal laws. For additional details please contact Human Resources. Policy No.10.3 Amendment AT THEIR OPTION, EMPLOYEES OF THE TOWN OF ORO VALLEY WHO HAVE BEEN CALLED TO ACTIVE DUTY BY PRESIDENTIAL ORDER WILL BE ELIGIBLE TO RECEIVE SUPPLEMENTAL PAY FOR A PERIOD OF UP TO ONE YEAR WHILE UNDER MILITARY ORDERS. EMPLOYEES WILL BE REQUIRED TO EXPEND THE UNUSED BALANCE OF THEIR 30 DAYS OF PAID MILITARY LEAVE MANDATED BY FEDERAL AND/OR STATE LAW PRIOR TO RECEIVING SUPPLEMENTAL PAY. THEY WILL NOT BE REQUIRED TO USE ACCRUED VACATION OR COMPENSATORY TIME OFF PRIOR TO RECEIVING SUPPLEMENTAL PAY. THEY WILL BE ELIGIBLE TO RECEIVE THEIR NORMAL PAY MINUS ALL APPLICABLE DEDUCTIONS FOR BENEFITS, TAXES, ETC. TO RECEIVE SUPPLEMENTAL PAY, THE EMPLOYEE MUST REMIT THEIR MILITARY PAY TO THE TOWN OF ORO VALLEY. DURING PERIODS OF MILITARY LEAVE, EMPLOYEES OF THE TOWN OF ORO VALLEY WHO ARE SERVING ON ACTIVE DUTY AS MEMBERS OF THE MILITARY RESERVES WILL BE ALLOWED TO CONTINUE TO MAINTAIN THEIR EMPLOYEE BENEFITS WITH THE TOWN BY CONTINUING TO MAKE THE REQUIRED EMPLOYEE CONTRIBUTIONS FOR EACH OF THE PLANS FOR WHICH THE EMPLOYEE HAS ENROLLED PRIOR TO THE START OF THEIR MILITARY SERVICE LEAVE. STATE LAW REQUIRES THE TOWN OF ORO VALLEY TO MAKE THE EMPLOYEE CONTRIBUTION TO THE PUBLIC SAFETY PERSONEL RETIREMENT SYSTEM (P.S.P.R.S.) ON BEHALF OF RESERVISTS SERVING ON ACTIVE DUTY. MEMBERS OF THE P.S.P.R.S. RECEIVING SUPPLEMENTAL PAY WILL RECEIVE THEIR NORMAL PAY MINUS THE TOWN'S CONTRIBUTION TO P.S.P.R.S. ON THEIR BEHALF. Pursuant to applicable state laws, employees requesting A LEAVE OF ABSENCE FOR military leave SERVICE must submit copies of valid orders to the Town. Copies of orders shall be submitted to the Human Resources office. FOR ADDITIONAL DETAILS PLEASE CONTACT HUMAN RESOURCES. SECTION 2. Pursuant to 41-1346, the Town shall maintain efficient record management for localp ublic records and it has been determined that this Ordinance is a public record with three copies of said Ordinance to remain on file in the office of the Town Clerk. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Ordinance and portion of the Town Code. SECTION 4. 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. Policy No. 10.3 Amendment SECTION 5. If any section, subsection, sentence, clause,phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 6. It is necessary for the preservation of the peace, health and safety of the Town of Oro Valley, Arizona an emergency is declared to exist, and this ordinance shall become immediately operative and in force from and after the date of posting hereof. PASSED AND ADOPTED by Mayor and Town Council, The Town of Oro Valley, Arizona, this 9th day of January , 2002. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney Policy No.10.3 Amendment TOWN OF ORO VALLEY 4 COUNCIL COMMUNICATION MEETING DATE: January 9, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: ORDINANCE NO. (0)02-02 RELATING TO THE TOWN CLERK'S DUTIES BY AMENDING ORO VALLEY TOWN CODE, SECTION 3-2-2 BY REFERENCE SUMMARY: Section 3-2-2 of the Oro Valley Town Code was originally adopted on September 27, 1989. The attached Ordinance wasrep ared to amend"Section 3-2-2, Town Clerk"to clarify the duties of the Town Clerk and p assure compliance with all State statutes. The Mayor and Council declared this ordinance and its amendments a public record by Resolution No. (R)01-112 on December 5, 2001. ATTACHMENTS: 1. Ordinance No. (0)01- 02 2. Proposed amendments to Section 3-2-2, Town Clerk of the Oro Valley Town Code. SUGGESTED MOTION: I MOVE to ADOPT Ordinance No. (0)02-02. c. • Des.0 ment Head Town Man.ger ORDINANCE NO. (0) 02 - 02 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, RELATING TO THE TOWN CLERK'S DUTIES BY AMENDING ORO VALLEY TOWN CODE SECTION 3-2-2 BY REFERENCE; 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, on September 27, 1989, the Town Council did approve Ordinance Number (0) 89-21, which adopted that certain document entitled, "Oro Valley Town Code, Chapter 3, Administration," as the third chapter of the official Town Code; and WHEREAS, the Town has determined that certain amendments to Section 3-2-2 are necessary in order to clarify the duties of the Town Clerk and assure compliance with all State statutes. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona, as follows: SECTION 1. That "Section 3-2-2, Town Clerk," of the Oro Valley Town Code, three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, which document was made a public record by Resolution No. (R) 01 - 112 of the Town of Oro Valley, is hereby referred to, adopted, and made part hereof as if fully set out in this Ordinance, the provisions thereof to become effective on the 8th day of February , 2002. SECTION 2. Pursuant to ARS § 41-1346, the governing body of each county, city, town, or other political subdivision shall maintain efficient record management for local public records and it has been determined that this Ordinance is a public record with three copies of said Ordinance to remain on file in the office of the Town Clerk. SECTION 3. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. 3-2-2 Amendment (6) Office of the Oro Valley Town Attorney/sib 6.14.2001 PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 9th day of January , 2002. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney 3-2-2 Amendment (6) Office of the Oro Valley Town Attorney/sib 6.14.2001 3-2-2 Town Clerk A. Records. The Clerk shall keep a true and correct record of all business transacted by the Council and any other record that either pertain to the business of the Town or that the Council directs. The Clerk shall plainly label and file separately '- . . : - •- all resolutions, notices, deeds, surveys, leases, paid and unpaid vouchers, inventories, letters, orders, and ANY other TOWN RELATED documents of whatever nature. B. Public Inspection of Records. The Clerk shall keep convenient for public inspection all public records and public documents under his THE CLERK'S control, as provided by State statute. C. Monthly Reports. The Clerk shall collect from Town officers and employees OFFICIALS such monthly reports prepared in such manner and to include such information as may be directed by Council. D. SYNOPSIS Minutes. The Clerk shall prepare or cause to be prepared all Minutes of Council proceedings and ensure their correctness and accuracy. E. Ordinances, Resolutions, Budgets, and Notices. The Clerk shall process, record, file, publish, and if required by State statute, post all ordinances, resolutions, budgets, and notices that may be passed by the Council. F. Duties as Treasurer. The Clerk shall also be treasurer of the Town and have such duties and responsibilities as prescribed by the Arizona Revised Statute § 9-238(A). G. •- . - -- -- • • • - - - • • • - •- payment of overtime pay for such employees as may work in excess of a norm-al work peri•:. . - . - = : . . -= :- ":= = .. . . . . . . .. .. . . . . . . . . Council. H. (G) Election Official. The Clerk shall be the Town Election Official and perform those duties as required by State ARIZONA REVISED Statute § 9-821, TITLE 16, AND TITLE 19. 3-2-2 Amendment (6) Office of the Oro Valley Town Attorney/sib 6.14.2001 1. PURSUANT TO ARIZONA REVISED STATUTE § 16- 201, ON THE EIGHTH TUESDAY PRIOR TO A GENERAL ELECTION AT WHICH CANDIDATES FOR PUBLIC OFFICE ARE TO BE ELECTED, A PRIMARY ELECTION SHALL BE HELD. 2. IN ACCORDANCE WITH ARIZONA REVISED STATUTE § 16-204(B)(2), THE TOWN WILL HOLD THEIR GENERAL ELECTION ON THE THIRD TUESDAY IN MAY. 3. PURSUANT TO ARIZONA REVISED STATUTE § 16- 204, A SPECIAL ELECTION MAY BE HELD ONLY ON THE CONSOLIDATED ELECTION DATES PRESCRIBED BY THIS STATUTE. I. (H) Licenses. The Clerk shall issue or cause to be issued all licenses that may be prescribed by State ARIZONA REVISED Statute § 9-240 (B)(19) ors CHAPTER 8, BUSINESS REGULATIONS, OR THE ORO VALLEY TOWN Code. NO LICENSE SHALL BE GRANTED FOR MORE THAN ONE (1) YEAR, AND THE CHARGE FOR ANY LICENSE SO ISSUED BY THE CLERK SHALL NOT BE LESS THAN TEN ($10.00) DOLLARS NOR MORE THAN FIVE THOUSAND ($5,000.00) DOLLARS. J. (I) Administrative Duties. The Clerk shall perform those administrative responsibilities and duties that are conferred upon him THE CLERK by the Council in addition to those specified in this Code. K. (J) CODE EDITOR. THE TOWN CLERK, IN CONSULTATION WITH THE TOWN ATTORNEY, SHALL BE DESIGNATED AS THE CODE EDITOR, AND SHALL PERFORM THOSE DUTIES ASSOCIATED WITH EDITING THE ORO VALLEY TOWN CODE. THE TOWN CLERK SHALL NOT ALTER THE SENSE, MEANING, OR EFFECT OF ANY CODE PROVISION, BUT MAY: 1. RENUMBER SECTIONS AND PARTS OF SECTIONS OF NEWLY ENACTED TEXT. 2. REARRANGE SECTIONS, PARTS OF SECTIONS, ARTICLES, CHAPTERS, AND TITLES. 3-2-2 Amendment (6) Office of the Oro Valley Town Attorney/sib 6.14.2001 3. CHANGE REFERENCE NUMBERS TO AGREE WITH RENUMBERED SECTIONS, PARTS OF SECTIONS, ARTICLES, CHAPTERS, AND TITLES. 4. CHANGE CAPITALIZATION FOR THE PURPOSE OF UNIFORMITY. 5. CORRECT MANIFEST CLERICAL, TYPOGRAPHICAL AND ELECTRONIC DATA BASE ERRORS IN STATUTORY AND NONSTATUTORY TEXT. 6. ELECTRONICALLY SUPPLEMENT THE CODE WITHIN THIRTY (30) DAYS FROM THE DATE OF THE FINAL PASSAGE OF THE ORDINANCE, AND EACH REPLACEMENT PAGE OF THE CODE SHALL THEN BE PROPERLY IDENTIFIED AND TIMELY INSERTED INTO EACH COPY OF TUE CODE NOTEBOOK. L. (K) ACCEPTANCE ON BEHALF OF THE TOWN. THE TOWN CLERK IS THE PROPER PARTY FOR ACCEPTANCE OF ANY AND ALL OFFICIAL NOTICES REQUIRED TO BE SERVED UPON THE TOWN OF ORO VALLEY. THE TOWN CLERK SHALL ACCEPT OFFICIAL NOTICES IN ACCORDANCE WITH ARS § 12-821.01, AND SERVICE OF PROCESS IN ACCORDANCE WITH THE RULES OF CIVIL PROCEDURE 4.1(c)(5)(j). 3-2-2 Amendment (6) Office of the Oro Valley Town Attorney/sib 6.14.2001 TOWN OF ORO VALLEY Page 1 of 1 `,OUNCIL COMMUNICATION MEETING DATE: January 9, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: Dan Dudley, Town Attorney SUBJECT: Ordinance No. (0) 02-03 ; amending by reference Oro Valley Town Code by adding Article 3- 7, "Settlement Authority," which delegates limited settlement authority to specified Town Officers, and amending Oro Valley Town Code Sections 3-2-1, Town Manager, and 3-2-5, Town Attorney, to clarify their duties in reference to settlement authority. SUMMARY: The proposed amendment to the Code delegates to certain Town staff settlement authority for settlements of a value of less than $20,000.00. The proposed amendment authorizes the Town Attorney, in consultation with the Town's Risk Manager, to settle any claim against the Town where the amount of the settlement is for less than $10,000. The Town Manager, in consultation with the Town Attorney and the Town Risk Manager, is authorized to settle any claim against the Town where the amount of the settlement is for $10,000 but not more than $20,000. All settlements, of any amount, currently require the approval of the Town Council. Most jurisdictions currently have in place ordinances that delegate settlement authority to Town staff. In many of those jurisdictions that authority ranges from $25,000.00 to $50,000.00. The authority level recommended is consistent with the level f authority delegated to staff with regard to procurement of goods and services. RECOMMENDATION: Staff recommends that the Mayor and Council approve Ordinance No. (0) 02 -03 , adding Article 3-7, Settlement Authority, and amending Sections 3-2-1, Town Manager, and 3-2-5, Town Attorney. SUGGESTED MOTION: I move to approve Ordinance No. (0) 02 - 03 , making the addition of Oro Valley Town Code Article 3-7, Settlement Authority, and the amendments to Sections 3-2-1, Town Manager, and 3-2-5, Town Attorney. ATTACHMENTS: Ordinance No. (0) 02 -03 , and proposed Article 3-7, Settlement Authority. ityk Das !udley, Town A • ey ,ed Chuck Sweet, own Manager i3 ORDINANCE NO. (0) 02 - 03 AN ORDINANCE OF THE TOWN OF ORO VALLEY,ARIZONA,AMENDING BY REFERENCE THE ORO VALLEY TOWN CODE BY ADDING ARTICLE 3- 7, "SETTLEMENT AUTHORITY," IN ORDER TO DELEGATE LIMITED SETTLEMENT AUTHORITY TO SPECIFIED TOWN OFFICERS, AND AMENDING ORO VALLEY TOWN CODE SECTIONS 3-2-1, "TOWN MANAGER," AND SECTION 3-2-5, "TOWN ATTORNEY," TO CLARIFY THEIR DUTIES AND POWERS RELATING TO SETTLEMENT AUTHORITY AND FOR CERTAIN OTHER SPECIFIED PURPOSES; 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, on September 27, 1989, the Town Council did approve Ordinance Number (0) 89-21, which adopted that certain document entitled, "Oro Valley Town Code, Chapter 3, Administration," as the third chapter of the official Town Code; and WHEREAS, the Town has deemed it necessary to add Article 3-7 to the Town Code in order to delegate limited settlement authority to specified Town Officers; and WHEREAS, the Town has also deemed it necessary to amend Section 3-2-1 in order to clarify the duties and powers of the Town Manager with regard to settlement authority; and WHEREAS, the Town has also deemed it necessary to amend Section 3-2-5 in order to clarify the duties and powers of the Town Attorney with regard to settlement authority and certain other specified purposes; and WHEREAS, amending Chapter 3 of the Oro Valley Town Code is in the best interest of the general welfare of the residents of the Town. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona, as follows: SECTION 1. That "Article 3-7, Settlement Authority," of the Oro Valley Town Code, three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, which document was made a public record by Resolution No. (R) 01-113 of the Town of Oro Valley, is hereby referred to, adopted, and made part hereof as if fully set out herein, the provisions thereof to become effective on the 8TH day of February , 2002 OVTC 3-7 Amendment(5) Office of the Oro Valley Town Attorney/jna/sib 11.19.01 SECTION 2. The proposed amendment to Section 3-2-1 reads as follows, with additions being shown in ALL CAPS and deletions being shown in Strikeout text: 3-2-1 Town Manager H. Powers and Duties 16 TO SETTLE, OR CAUSE TO BE SETTLED, ALL CLAIMS AGAINST THE TOWN OF ORO VALLEY FOR GREATER THAN $10,000, BUT NOT MORE THAN $20,000, IN ACCORDANCE WITH SECTION 3-7-1 (B) OF THIS CODE. SECTION 3. The proposed amendment to Section 3-2-5 reads as follows, with additions being shown in ALL CAPS and deletions being shown in Strikeout text: 3-2-5 Town Attorney The TOWN attorney shall act as the legal counselor and advisor of the Council and other Town Officials and, as such, shall give his AN opinion in writing when requested; He shall draft all deeds, contracts, conveyances, ordinances, resolutions and other legal instruments when required by the Council; He shall approve as to form, in writing, all drafts of contracts and all official or other bonds before final approval or acceptance thereof by the Council; He shall return within FOURTEEN ten (14) days all ordinances and resolutions submitted for consideration by the Council with his NOTES REFERENCING approval or disapproval as to form noted thereon, together with his reasons therefore; He shall SUPERVISE THE prosecute PROSECUTION and defend DEFENSE, OR CAUSE TO BE PROSECUTED AND DEFENDED, all CRIMINAL AND CIVIL suits, actions or causes where the Town is a party and shall report to the Council, when required, the condition of any suit or action to which the Town is a party; AND SHALL HAVE THE AUTHORITY TO SETTLE ALL CLAIMS AGAINST THE TOWN OF ORO VALLEY VALUED AT LESS THAN $10,000 IN ACCORDANCE WITH SECTION 3-7-1 (A) OF THIS CODE. SECTION 4. Pursuant to 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. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Ordinance and portion of the Town Code. SECTION 6. 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 7. 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 OVTC 3-7 Amendment(5) Office of the Oro Valley Town Attorney/jna/sib 11.19.01 PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 9th day of January , 2002. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney OVTC 3-7 Amendment(5) Office ofthe Oro Valley Town Attorney/jna/sib 11.19.01 TOWN OF ORO VALLEY TOWN CODE ARTICLE 3-7 SETTLEMENT AUTHORITY 3-7-1 Settlement Authority In General No settlement of any kind description,descri tion, py a ment of which is to be made from funds of the Town or which settlement would result in the Town receiving services or compensation less than owed to the Town, shall be made byofficer, employee, or agent of the Town, except in the any manner set forth in this Article. A. Under $10,000 Whenever any contemplated settlement of a claim by or against the Town is p for the sum of not more than $10,000, after due consideration and in the best interest of the residents of the Town, the Town Attorney, in consultation with the Town's Risk Manager, is authorized to settle said claim. B. Greater that $10,000 but not more than $20,000 Whenever any contemplated settlement of a claim by or against the Town is p er than $10,000 but not more than $20,000, after due consideration for greater and in the best interest of the Town, the Town Manager, in consultation with the Town Attorneyand the Town's Risk Manager, is authorized to settle said claim. C. Greater than $20,000 No settlement ment of more than $20,000 shall be entered into except with the approval of the Council. OVTC 3-7 Amendment(5) Office of the Oro Valley Town Attorney/jnalsib 11.19.01 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: January 9, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Roxana Garrity, Deputy Town Clerk SUBJECT: PUBLIC HEARING — APPROVAL OF APPLICATION OF A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR UNO CHICAGO BAR AND GRILL TO BE LOCATED AT 10180 N. ORACLE ROAD SUMMARY: An application by Mr. Roger Bonus and principals has been submitted for a Series 12 Liquor License for Uno Chicago Bar and Grill to be located at 10180 N. Oracle Road. In accordance with Section 4-201 of the Arizona Revised Statutes, the application was posted for 20 days commencing November 20, 2001 on the premises of the applicants' property. No protests were received during that time period. Chief of Police Daniel Sharp has conducted a background investigation on the applicants and has no objections to the approval of the Series 12 Liquor License. ATTACHMENTS: 1. Memorandum from Police Department 2. Liquor License Application 3. Arizona Department of Liquor Licenses and Control Description SUGGESTED MOTION: I move to approve the request for a Series 12 Liquor License for Mr. Roger Bonus and principals at Uno Chicago Bar and Grill to be located at 10180 N. Oracle Road. t la; r I It ) P1I Ds;. ent Head Town Manager p r • \-t- 11000 N. La Canada Dr. ♦v q Oro Valley,Arizona 85737 t Phone (520) 229-4900 FAX(520) 797-2616 DANIEL G. SHARP Chief of Police www.ovpd.org A A 4_,*t a. OjLAD-. ED:19 ORO VALLEY POLICE DEPARTMENT "INTEGRITY, PRIDE, EXCELLENCE" TO: Kathryn Cuvelier v A FROM: I aniel G. Sharp RE: Background Investigation, Application for Liquor License Uno Chicago Bar and Grill 10180 N. Oracle Rd. On November 29, 2001,the Oro Valley Police Department completed the standard background check on Uno Chicago Bar and Grill; principles, David Masters, Rhonda Masters, Roger Bonus and Gayle Bonus. The Oro Valley Police Department has no objections for the issuance of a liquor license to Uno Chicago Bar and Grill. ' , ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL �T N� ,i 400 W Congress #150 SOO W Washing,ton 5th Floor Phoenix AZ 85007-2934 t, '..,.is Tucson AZ 85701-1352 - � (520) 628-6595 (602) 542 5141 . PR.LI. � Q iION FOR LIQUOR LICENSr' "" --1') .1-\ iu: VI . --:.,,,-,‘ _.:: - --- `",- TYPE OR PRINT WITH BLACK INK �- • 7 Notice: Effective Nov. 1, 1997,All-OWtle-s,l A e'nf,Partners, Stockholders, Officers, or Managers actively involved in the day to day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a: SECTION 2 Type of ownership: ❑ INTERIM PERMIT Complete Section 5 0 J.T.W.R.O.S. Complete Section 6 Pi NEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16, 17 0 INDIVIDUAL Complete Section 6 0 PERSON TRANSFER (Bars & Liquor Stores ONLY) 0 PARTNERSHIP Complete Section 6 Complete Sections 2, 3, 4, 11, 13, 15, 16, 17 0 CORPORATION Complete Section 7 O LOCATION TRANSFER(Bars and Liquor Stores ONLY) 1, LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4, 12, 13, 15, 16, 17 0 CLUB Complete Section 8 O PROBATE/WILL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9, 13, 15, 17(fee not required) ❑ TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17 0 OTHER Explain E#: / . )t.,',.,-) -. t ' ,�L 'SECTION 3 Type of license and fees: � LICENS G � �(/4 •1r �Art��Z1 L:FEJQIES- 7 x '4'`j f b FiiL 6-E�. ---a LJCNSE ees attached: L,v A e P L I L t t')i)A.) i1. T e of License: ES r r 1�(Rt 2. Total f $ 1 YPlc-I& APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE)ARE NOT REFUNDABLE. A service fee of$25.00 will be charged for all dishonored checks (A.R.S. 44.6852) I c -A.L Ee S Pit) c a licants must com lete this 11 : - SECTION 4 Applicant: (Allpp p section) J Mr. 1. Applicant/Agent's Name: s. v N 4 6- MiC f (Insert one name ONLY to ap ear license) Last i First ! Middle 2. Corp./Partnershi /L.L.C.:, RD, L, L., C., > 7i (/)'-4--'=-i i actly as it appears on Articles of Inor Articles of Org.) C� a.i"� R 6-N I L L IC' I3. Busuzess Name. �tC�-{�� ��x� � (Exactly as it appears on the exterior of premises) / r. OLERD- Ai (pim F57317 4. Business Address.• � �c..1� ,4LLEY . (Do not use PO Box Number)_ City OUNTY Zip it. 5. Business Phone: ( -I 1 C,c'nr is.?. A u c t"i t' , Residence Phone: (52o ) i/7173 9'3 '7 6. Is the business located within the incorporated limits of the above city or town? E 'ES ❑NO Address: SD-6---.5eAr- -' No V LL�y 737 7. Mailin / � r��� � .�� f}"g City cState Zip 8. Enter the amount paid for a 06, 07, or 09 license: $ . (Price of License ONLY) DEPARTMENT USE ONLY .,..---) (/ /y Dat •--� Li Lic. # / • .' ' - t) � Accepted by: i _,,ia', .1 e' Fees: , ) 0 C,(i, ri(.1-P Application Interim Permit Agent Change Club F. Prints TOTAL PRocESsIN(;APPLICATIONS TAKES APPROXIMATELY 90 DAYS, ANI)CIRCUMSTANCES OFFEN RESULT IN A LONGER WAITING PERIOI). You ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCI;OF THE LICENSE. l.IC 0100 11/2000 *Disabled individuals requiring special accommodation, please call (602) 542-9027. t SECTION 5 Interim Permit: 1. If you intend to operate business while your application is pending you will need an Interim Permit pursuant to A.R.S. 4-203.01. 2. There MUST be a valid license of the same type you are applying for currently issued to the location. 3. Enter the license number currently at the location. 4. Is the license currently in use? 0 YES 0 NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. I, , declare that I am the CURRENT LICENSEE of the stated license and (Print full name) location . I have read this application and the contents and all statements are true, correct and complete. State of County of X The foregoing instrument was acknowledged before me this (Signature) ` day of Day of Month Month Year My commission expires on: (Signature of NOTARY PUBLIC) SECTION 6 Individual or Partnership Owners: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM"LIC0101",AN"APPLICANT'TYPE FLNGERPRINT CARD,AND$24 FEE FOR EACH CAR, 1. Individual: Last First Middle %Owned Residence Address City State Zip Partnership Name: (Only the first partner listed will appear on license) General-Limited Last First Middle %Owned Residence Address City State Zip ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ % (ATTACH ADDITIONAL SHEET IF NECESSARY) 2. Is any person, other than the above, going to share in the profits/losses of the business? 0 YES 0 NO 2. SECTION 7 Corporation/Limited Liability Co.: EACII PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN"APPLICANT"TYPE FINGERPRINT CARD,AM)$24 FEE FOR EACII CARL). 0 CORPORATION Complete questions 1, 2, 3, 5, 6, 7, 8. [ "L.L.C. Complete questions I, 2, 4, 5, 6, 7 and attach copy of Articles of Org. and Operation Agreement. 1. Name of Corporation/L.L.C.: GW D (Exactly as it appears on Articles of Inc.or Articles of Org.) 2. Date Incorporated/Organized: ///doZ e)00 State where Incorporated /Organized: /M 2 0/titii 3. AZ Corporation Commission File No.: Date authorized to do business in AZ: 4. AZ L.L.C. File No: L- —096 7 Date authori zed to do business in AZ: // ?/d ; 6 5. Is Co ./L.L.C non-profit? 0 YES [NO If yes, give IRS tax exempt number: 6. List all directors/officers in Corporation/L.L.C.: .. t Middle Title Residence Address % / 1r ' _/ ity State Zip Last Firs MRA✓•; 1->6 Y517.3/ rimliL �r,)cc/q ecr" � 6� /t2E3 r s Rc °Z2 o w 1 iLLYBoAaY inf9,t),46-iAi'c s'rc3 i i/ mom' n .3S OGS efix)yex) /'i D F ie�= as CkucEs t•411t•411� /'11' /7bu E�5 P,ifliL/ �° I�t�C�C�I�C� � ST (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10% or more: Last First Middle % Owned Residence Address City State Zip /7). L'4(5 Ly -et:a: 84.e/ I/sr 13:33 / ?>6S& 7- s� . Cep, 9,iCLY J)z :1:;- "ri--7717 /1///f3/ ?S LC1604,t5c1E7, 3-/—/ ,64. ,3.5 aO (A )yo i De E t k6- k14 s CC u'cis N(Y1 f g' (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L.L.C. is owned by another entity, attach an ownership, and director/officer /members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM"LIC0101",AN"APPLICANT"TYPE FINGERPRINT CARD,AND$24 FEE FOR EACH CARD. 1. Name of Club: Date Chartered: (Exactly as it appears on Club Charter) (Attach a copy of Club Charter) 2. Is club non-profit? 0 YES 0 NO If yes, give IRS tax exempt number: 3. List officer and directors: Last First Middle Title Residence Address City State Zip (ATI'ACI I ADDITIONAL SHEET IF NECESSARY) SECTION 9 Probate,obate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: • 1. Current Licensee's Name: (Exactly as it appears on license) Last First Middle 2. Assignee's Name: Last First Middle 3. License Type: License Number: Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. SECTION 10 Government: (for cities, towns, or counties only) 1. Person to administer this license: Last First Middle 2. Assignee's Name: Last First Middle A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED. SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY). 1. Current Licensee's Name: Entity: (Exactly as it appears on license) Last First Middle (Indiv.,Agent,etc.) 2. Corporation/L.L.C. Name: (Exactly as it appears on license) 3. Current Business Name: (Exactly as it appears on license) 4. Current Business Address: 5. License Type: License Number: Last Renewal Date: 6. Current Mailing Address (other than business): 7. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? 0 YES 0 NO 8. Does the applicant intend to operate the business while this application is pending? 0 YES 0 NO If yes, complete section 5, attach fee, and current license to this application. 9. I hereby relinquish my rights to the above described license to the applicant named in this application and hereby declare that the statements made in this section are true, correct and complete. I, , declare that I am the CURRENT LICENSEE of the stated license. I have read this (Print full name) application and the contents and all statements are true, correct and complete. State of County of X The foregoing instrument was acknowledged before me this (Signature of CURRENT LICENSEE) day of • Day of Month Month Year My commission expires on: 4 (Signature of NOTARY PUBLIC) r • SECTION 12 Location to Location ltion I ransfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVE!)BY TILE STATE. ':urrent Business Name and Address: ,:xactly as it appears on license) 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: License Number: Last Renewal Date: 4. What date do you plan to move? What date do you plan to open? 5C-tiOC L + t<1 Al)(5(Z— SECTION 13 Questions for all in-state applicants: 1 6� f� r20c 1. Distance to nearest school: 1500 ft. Name/Address of school: /0 3 6 I AL, Ogivc.L P (Regardless of distance) C") c) jj = Z� ��L� ? '7y7 �r , 2. Distance to nearest church: � � 5 CO ft. Name/Address of church: C A)14 `S'C& DEL OA'(,) /( i t—s. CH t i c-1-f- (Regardless of distance) ge:;\'‘'o N • C)f c L t= ) d A b ki A LZ4 Y' t Az- -.3"-'7 3'7 q I am the: ❑ LESSEE ❑ SUBLESSEE OWNER PURCHASER(of premises) 4. If the premises is leased give lessors name and address: ` A_ _ . . What is the remaining lengthof the lease? ivAyrs. mos. __ 4a. Monthly rental/lease rate $ NAi\-- g Y 4b. What is the penaltyif the lease is not fulfilled? $ �� k or other b (give details - attach additional sheet if necessary) _ c 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ '7-D 0 C 0 Lf"YES 0 NO Ifyes, list below. Total must equal 100%. Does any one creditor represent more than 10% of that sum? q Last First Middle % Owed Residence Address City State Zip i)- 1 .5--,7 i( (ATTACH ADDITIONAL SHEET IF NECESSARY) F--/-im,or. PE- ,./1,4mA)-7- wiTi+ 3:-.).6N. 6. Whate of business will this license be used for? (BE SPECIFIC) �'E i i �Ci. I31El lhi r Ala- AND L:(Q t.i) e— tYP ! 7 . Has a license, transfer license for the premises on this application been denied by the state within the past one (1) year? ❑ YES NO If yes, attach explanation. Toes any spirituous liquor manufacturer, wholesaler, or employee , have any interest in your business? DYES Er O 9. Is the premises currently licensed with a liquor license? 0 YES If yes, give license n mber and licensee's name: License # (\iA-- (Exactly as it appears on license) Name Ai 4— C J SECTION 14 Restaurant, or Hotel-Motel Applicants: 1. Is there a valid restaurant or hotel-motel license at the proposed location? ❑ YES Et NO If yes, give lice see's name: f\i/A- and license#: if•-) n Last First Middle 2. If the answer to Question 1 is YES, you may quality for an Interim Permit to operate while your application is pending; consult A.R.S. Section 4-203.01; and complete Section 5 of this application. 3. All restaurant applicants must complete a Restaurant Operation Plan (Form LIC0114) provides by the Department of Liquor. 4. Do you understand that 40% of your annual gross revenue must be from food sales? YES ❑ NO SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL boxes that apply to your licensed premises: Ei ntrances/Exitsiq uor storage areas ❑ Drive-in windows Z Patio enclosures ❑ Service windows D. Under construction: estimated completion date PEC. � C 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. 3. The diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or stored. Give the square footage or outside dimensions of the licensed premises. 4 DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. �. . 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YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. 6 ''''''')(11 1111(tggLtr' ti:\t*,,,itiT . ..1.315...: . . ,oie il ,,,,),\ ,:,..;): ....„..3 - . ) )( ) .it L--) . ,',74,_ • ____. . bfr.0)..e., r,z(4- i ,..Ti- i:, iimiwomi-i '"------_,........._:___,- :--........:. ,4,.rf ,.r4....., _._—, list "_____—..--1-":7.::, -1.- ',-.:._ —L-,f-1-... . ', ttI q \\ il 1 11,, : ,.:....,..,.. ,E2 DD. 1u11 u....„.- • liA- .,.»• .::!,. ,ice, , /� (-11-CJ 0 y I • ` tit, 1 <4. laHafamc., 1- 1 00‘.,,..1--kiii D., • '._..yam ( 1 ------7 14 1 101 ti I 1,12.4 , ,..�.� wrt,N..tM,+r - 111.....,—t:1111 n r it-1 jj r :: ' (�� =• Tiklic...)_,.sti ,11001) 1y► ............ / 1 ................... i- 11 il 1 -'104 !Ill La ' ' 1! ' '' 'lei (e- '* . al 1 ‘m"ik) r, _....,..._ ,) ---1- t i. I G., will ' 1-11) 1111 --;-- 1 Aly, ...............H. 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(.0) . , 7-- '; t. - III LIriI .,�► 1:ittitz_z.izzlizattf,n,Afft,tx.t, , ._-._ :6\"(-1,_ki f� rY �' „irti4 t--I: - ‘ ,,.,1 , ., I' It I' Iij I,f1s"s��sws �rslr..rll r>,r .>/rrrrTy-rt-r�r.: • ,If''L1jii l '.rJ 'I/1i.,)'i,/.e_ ifr.// rs/.,r...r.f.r..►r...r. � ,.rt�A► vI�'' -./ . ._ , , SECTION 16 Geographical Data: A SANIPLE FOR'1 HIS SECTION IS PI OVII)ED ON THE BACK Oh THIS PAGE. List below the exact names of all churches, schools, and spirituous liquor outlets within a RS r� hone halft1 mile radius of your proposed location. � _ ,�., � ��,� 2 je aar`1 ti .. 2. `pz,UcH IA) Phe S Ft o L!� 't K/tki 0 E eZ aA rkv i A NT 3. 81.4131t; 134-:Sti- / t L L 3 1 E 5 ()--- i 4. 3, Pii..3ct5. ---- 6. l'Y'-; ;-,. ' .\4) 7. ��K PAivc-7&izcw , 'ii: -: / l--- 8. ThT- )10 �I vZ ; ----- r 2— • ' a �'. _ PPLi h}v j -�r 9' ;� �� 1 L L CLA\6N K IS;, cam' 10. d. 11. - 12. -:/) 13. y s. 14. 15. '''"TACH ADDITIONAL SHEET IF NECESSARY) .., . A = Your business name and identify cross streets. • SECTION 17 Signature Block: I, RO -efk 11 1 l c-f f h e L. E30 tv 5 , declare that: 1) I am the APPLICANT(Agent/Club Member/Partner), making this (Print name of APPLICANT/AGENT listed in Section 4 Question 1) application; 2) I have read the application and the contents and all statements are true, correct and complete; 3) that this application is not being made to defraud or injure any creditor, taxing authority, regulatory authority, or transferor; 4) that no other person, firm, or corporation, except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that none of the owners artners, members, officers, directors or stockholders listed have been convi ted of a felony in the past (5) years. ,i . 0 / State of zy>-� County of X �, Aidemir /4#‘•'(-4A-1' Th oregoi g instrument w.xs�acknowledged before me this (S.,.na #4.;ifi''��� OFFICIAL SEAL ��2�_ day of _ 1,i17 �' ANN L.MCKJTTRlCK Day of Month p . •�.i'• Year t NOTARY PUBLIC-ARIZONA r 7- ._ ...,e.." fir"; PIMA _ �i�,p COUNTY My commission expires •n: My Comm.Expires March 30 2tpr `• (Signature of NOTARY PUBLIC) 7 • SAMPLE GEOGRAPHICAL DATA In the area adjacent to the map provided below indicates yourro osed locat ' p p lc- and the exact names of all churches, schools, and alcoholic beverage outlets s within a 1/2 mile radius of your proposed location . (See example below) Applicant Series 12 01 Pink Elephants Series 06 02 Mama ' s Rest . Series 12 03 Corner Liquors Series 09 04 Joe ' s Groceries Series 10 05 Lions Club Series 14 06 Burgers R Us Series 07 07 Pizza Perfect Series 07 08 Billy Bobs Bar Series 06 1-f Mi . 09 St . Anthonys Church Latrobe 10 St . Anthonys School 1 11 E 11 Burbank Middle School � Mi . Lockwood A 4 2 7 1-t Mi . 12 First United Baptist Church 13 111111111111 14 9 8 10 15 A. R. S . Section 4-207 .A reads as follows : Mi . A. No retailers license shall be issued for any premises which are. at the time the license application is received by the Director, within three hundred (300) horizontal feet of a church, within three hundred (30.0) horizonta-1 feet of a public or private school building with kindergarten .programs or any of grades one ( 1 ) through twelve ( l2 ) . or within three •hundred ( 300 ) horizontal feet of a fenced recreational area adjacent to such school building . r J ARIZONA DEPARTMENTLIQUOR LICENSES & CONTROL/9\)C15-i-j<A-; OF (� OWN 400W Congress rens �#l 5 0 ��' 1 1Washington 5th 1'loos �� !� Co g /�/ W � f r �1 _ �� 4., . hucson AZ 85701-135 Phoenix AZ 85007 2 34 � 4 (602) 542-5141 _ 1 (520) 628-6595 NOEL-MOTEL AND RESTAURANT LICI NS . RECORDS RE( TI1�ED QI~ -DIT OF SEf #1 si#f2 LICENSES MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITHY( d?LLC RECORDS I. UJ -s In the event of an audit, you will be asked to provide to the department any documents necessary to determine compliance with A.R.S. 205.02.G. Such documents requested may include however, are not limited to: 1. All invoices and receipts for the purchase of food and spirituous liquor for the licensed p premises. If you do not have all food or liquor invoices, please contact your vendors immediately and request copies of missing invoices. These must be available for pick-up at the time of the Audit Interview Appointment. If all food invoices are not available at that time,you may not be given credit for all food sales. 2. A list of all food and liquor vendors 3. The restaurant menu used during the audit period 4. A price list for alcoholic beverages during the audit period 5. Mark-up figures on food and alcoholic products during the audit period 6. A recent, accurate inventory of food and liquor (taken within two weeks of the Audit Interview Appointment) 7. Monthly Inventory Figures - beginning and ending figures for food and liquor 8. Chart of accounts (copy) 9. Financial Statements-Income Statements-Balance Sheets 10. General Ledger A. Sales Journals/Monthly Sales Schedules 1) Daily sales Reports (to include the name of each waitress/waiter, bartender, etc. with sales for that day) 2) Daily Cash Register Tapes - Journal Tapes and Z-tapes 3) Guest Checks 4) Coupons/Specials 5) Any other evidence to support income from food and liquor sales • B. Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled checks 11. Tax Records A. Transaction Privilege Sales, Use and Severance Tax Return (copies) B. Income Tax Return - city, state and federal (copies) C. Any supporting books, records, schedules or documents used in preparation of tax returns 1.1(.1013 05/1000 12. Payroll Records A. Copies ()Fall reports required by the State and Federal Government B. Employee Log (A.R.S. 4-1 19) C. Employee time cards (actual document used to sign in and out each work day) D. Payroll records for all employees showing hours worked each week and hourly wages es The sophistication of record keeping varies from establishment to establishment. Regardless of each licensee's accounting methods, the amount of gross revenue derived from the sale of food and liquor must be substantially documented. REVOCATION OF YOUR LIQUOR LICENSE MAY OCCUR IF YOU FAIL TO COMPLY WITH A.R.S. 210.A.7. AND A.R.S. 205.02.G. A.R.S. 210.A.7. The licensee fails to keepfor two and make available years to the department upon reasonable request all invoices, records, bills or other papers and documents relatingthe to purchase,chase, sale and delivery of spirituous liquors and, in the case of a restaurant or hotel-motel licensee, all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of food. A.R.S. 205.02.G. For the purpose of this section: 1. "Restaurant" means an establishment which derives at least forty ercent (40%) of its gross revenue from the sale of food. 2. "Gross revenue" means the revenue derived from all sales of food and on spirituous pliquor the licensed premises, regardless of whether the sales of spirituous liquor are made under q a restaurant license issued pursuant to this section or under any other license that has been issued for the premises pursuant to this article. I, (print Licensee/Agent's Name): N‘,ts R 0 EJ - 1) / ii Last First Middle have read and fully understand all aspects of this statement. 11 State of County of Cy) . The foregoing strument was acknowledged before me this 11 - I i X 'ilivitiffireq.lioi,i _I 4 =�. da-rid y of X00/ ''�'`�"`•• ,V '� '1'�:' t) Day of Month onth Year 1...iy •�� : NOTARY PUBLIC-ARIZONA fir , ��COUNTY , � z / • ���'��My Comm.Ekins March 30,2002 ,/ ,/,/,- ,, l My commission Expires on: .die , . . Day of Month Month Year (Si_nature of I'OTARY PUBLIC) MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL �� o � ,� 400 W Congress #150 b00 W Washington 5111 Floor iQ.�•, �� ,, Tucson AZ 85701-1352 Phoenix AZ 85007-2934 - ,C' (602) 542-5141 **00 (520) 628-6595 _r _ - --. -' -. -A-US' Zijj ,;i,i- . ``__ 1 1• 4 I-' t RESTAURANT OPERATION PLAN u A I : 4 8 L:r) „----.D, ' • -L-1- i": TOcc,-- LICENSE # I 1. List by Make, Model and Capacity of your : . Grill Oven Freezer � _cc .\ Refrigerator Sink V/_ (. Dish Washing ' _ Facilities Food Preparation Counter (Dimensions) Other 2. Print the name ofY our restaurant: IV d Cici-6 0 tt2-, 11/4) R I L - �- 3. Attach a copy of your menu (Breakfast, Lunch and Dinner including prices). -/37-/.A) q-- 4. List the seating capacity for: C a. Restaurant area of your premises [ ?C( gP 2— /-4i-c-IT Y s-_ 0,' 2" b. Bar area of your premises [ ±(4. ( 1 f ____, _3--- .46. c. Total area of your premises [ • I , J � / i or,, ..r_______, 5. What type o innerware and utensils are utilized within your restaurant? Reusable 0 Disposable 6. Does your restaurant have a bar area that is distinct and separate from Vt-restaurant seating? (If yes, what percentage of the public floor space does this area cover). Yes o2. 3 % 0 No 7. What percentage of your public premises is used primarily for restaurant dining? a.-.- *l)isaI)Ie(I Does not include kitchen bar cocktail tables or game area. �o( � g )individuals requiring special accommodations, please call the Department. I..wl 14 OS/lt)<)') • • 8. Does your restaurant Contain anygames or television'? >, � Yc.s ❑ No (It yes, what types and how many? Pool tables, Video Games, Darts, etc.) ---- L ts)N 7--n/1,} _. 1 I . I I/ s C A« (9 1.1\;' C/F 5 / 2 — CC I,vS Ne ecc _E Ths Vic Cr wi ES Pi•-11-‘<r 5 c A, } a A,i,' ' r ft ,c-- &A ill cs` 9. Do you have live entertainment or dancing? �. ❑ Yes o (If yes, what type and how often?) 10. Use space below or attach a list of employeeositions and their duties s to fully staff your business. i — (._ E-:,v Ef.k.A L P1A-,,i A i,__E-_4. - 0 1/4---ie 51E e-.5 L ti,(RE Rr .r QMT(c . g TR -- 0( `�'Ti c,k).- ,}ND �'Q 05 ni,'`,' _ ,�'�zrr� Cs 3 - .5/ 0 r E K S i-77(ZZA Cc:ck5 .4LAS) 12E '�.e P ,..:i--.1-z-i-1 -FeoPLS F-C C ° PA-- ../P f),1';,)i-- ---> ALL, ri4E-L-1"-) tR ePAA .c:- if1 EA LS -r Fccp",- `J -. c x 120 PE--A5,-,-v - Pars MEA- i c�6 2 o ry i r/1 Y_S FIA 1-/c�e.A'-... 'U C_ f� 1 yrs,�,;�r�•�_ ..� ` 01511 tQ'f-5ttERJ -- 1,v4st1E 5 PiSi E'S- &— S Egv-i , --- `7-/iii 5 aco 0 A D E.-ik5 - A;D d v-EA. /.G rip r / /NS' -( L.19 d may(V EL F77-4-10 'rc m$ L`5 ANC) C.L&/rc'S '25• ,-. Ofiei:T A)9eP s- 7rZEt'A5 i-)N;-2 5 Egvcs apt K_1; is nr .5; ire ZZs A A -Tf K-E5 P ',-(1/ A.,�- fir- C-J H A EC-21-gr,E 2-- ICI– 11I r.J-i-tin,;;cF I11-011 - AepA IIPMEAJT 4AP /IV C - ,ck ' - ' .S- Ers1/4E AE 5'7'4(4 110)N i- 1s P&PE C,L-E/ti.` JO I r\-06T-, PJI(CHL BC,c, „:.(_s , herebydeclare that I am the APPLICANT PLICANT filing this application. I have (Print full name) read thei pplication and the contents and all statements true, correct and complete. X --- State of A, County of\ A' a_ The f e oin g g instrument was ackno •dged before me this (Signature of APPLICANT) ,�� dayof ( �, __lo,ct OFFICIAL SEAL - �DD` . rdulit, ANN L.MCKITTRICK Day of M. th Month Year : 4 NOTARY PUBLIC-ARIZONA , My commission c N:, ... , per,COUNTY - � �t rim �� A,, " My. Comm.Expires March 30,20021 (Signature of NOTARY PUBLIC )2 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 0,41**.!flt 4U0 W Congress #150 800 W Washington 5th Floor ' """ -' �'!: 'of �.,_: Tucson AZ 85701-1352 Phoenix AZ 85007-2934 ' 'ti�4, ` (520)o 628-6595 (602) 542-5141 Zo ALCOHOL TRAkNJN+C PF G CERTIFICATION qF ,COMPLETED ,FPLItiliM OBTAIN ORIGINALS OF THIS FORM FROM DLLC-QO NOT-PH TOOOPY,1 OCUMENT IS COMPUTER SCANNEl1...T E_OR PRINT WITH BLACK INK. ALCOHOL-TRAINING PROGRAM INDIVIDUAL INFORIVIATIOWz (Zie v�' Individual Name(Print) 9)(. .. - Individual Signature TYPE OF TRAINING COMPLETED �a�� BASIC ii ON SALE Date Training Campleted [ MANAGEMENT n OFF SALE 2:1 BOTH ri OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: / JJL74L/ J NAME OF THE LICENSEE BUSINESS NAME LIQUOR LICENSE NUMBER ALCOHOL TRAINING PROGRAM PROVIDER INFORMATION LIQUORSOUTHERNARIZONA CONSULTANTS Company or Individual Name MAILING —9121 E TANQUE VERDE #150 PMB 223 Address TUCSON ARIZONA 85749 (520) 764-3902 City State Zip Phone I Certify the above named individual has successfully completed the specified program(s). a �-- z-Y1- Trainer Name(Print) o Trainer Signature Date Trainer give original of completed form to trainee, photocopy and maintain completed document for your records. Mandatory Liquor Law Training for all new applications submitted after Nov. 1, 1997. A.R.S. Section 4-112(G)(2). Completion of the Liquor License Training Courses is required at the issuance of a license. The person(s)required to attend both the Basic Liquor Law and Management Training, (either on-sale or off-sale),will include all of the following owner(s), licensee/agent or manager(s)WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. Proof of attendance within the last five years for the required courses must be submitted to the Department before the license application is considered complete. Before acceptance of a Manager's Questionnaire and/or Agent Change for an existing license, proof of attendance for the Basic Liquor Law and Management Training(either on-sale or off-sale)will be required. LIC 1021 01/1999 Disabled individuals requiring special accommodations please call(602)542-9051 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL . 0,41Stege* 5th Floor 400 W Congress #150 800 W Washington �'� ""''"'� ��!� 't( u' Tucson AZ 85701-1352 Phoenix AZ 85007-2934 �, .4:' ,; e (520) 628-6595 (602) 542-5141 4: " �' D ALCOHOL TRAINING P OGRAf1A S� CERTIFICATION OF COMPLETED ( �, !O: ii -7L.,-1 OBTAIN ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY.SQOC,UMENT IS COMPUTER SCANNED_TYPE OR,PRINT W TH BLACK INK. ALCOHOL TRAINING'PROGFAM INDIVIDUAL INFORMATION . ' J`i AIndivid al Name(Print) 7 ..)4_4...c. Individual Signature TYPE OF TRAINING COMPLETED 1 BASIC XON SALE ate rain�ng'Completecf 2 MANAGEMENT , , OFF SALE BOTH LII OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: 6 c il zi E.6q tk, firli-dua uhOcaqo 6a..k. dC , --71 z',,,, _,-!--.:7,(---. NAME OF THE LICENSEE BUSINESS NAME LIQUOR LICENSE NUMBER ALCOHOL TRAINING PROGRAM PROVIDER INFORMATION SOUTHERN ARIZONA LIQUOR CONSULTANTS Company or Individual Name MAILING —9121 E TANQUE VERDE #150 PMB 223 Address TUCSON ARIZONA 85749 (520) 760-3902 City State Zip Phone I Certify the above named individual has successfully completed the specified program(s). , ..,____,. , --Z s vainer Name(-rint) ,...,4-1C----- — . --------_,) L.,pv t-- l ci , .c) i . vainer Signature Date Trainer give original of completed form to trainee, photocopy and maintain completed document for your records. Mandatory Liquor Law Training for all new applications submitted after Nov. 1, 1997. A.R.S. Section 4-112(G)(2). Completion of the Liquor License Training Courses is required at the issuance of a license. The person(s)required to attend both the Basic Liquor Law and Management Training, (either on-sale or off-sale),will include all of the following : owner(s), licensee/agent or manager(s)WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. Proof of attendance within the last five years for the required courses must be submitted to the Department before the license application is considered complete. efore acceptance of a Manager's Questionnaire and/or Agent Change for an existing license, proof of attendance for the Basic Liquor Law and .,Aanagement Training(either on-sale or off-sale)will be required. LIC 1021 01/1999 Disabled individuals requiring special accommodations please call(602)542-9051 Lt7 - L-0 -0 / 19\ 1011,t 17r\a-t1 LOvIcgr a Li, c1 Oft Cf`- •41 Pl./520011,0-62—A FN „41-9() ,5 5 uc,/,\ DF / ) L9-"sz_. e/Li- LAS Catsi 1c_*1 CD , C1-3*:)‘ June 18, 2001 Rom M. bonus and Gayle M. Bonus are bothiiirienib-ersq)c 4P1V1) ,q ;0: VI CmitedL��iat�l 'Company ( LLC ) which is the o�une�a�a� tate of��iTe�v-'Mexico liquor ( #2668) � � � TU �license for the rëtaiiranrt1h� �S�-,��� Pizzeria Chicago Bar & Grill located at 2102 Telshor Court, Las Cruces, New Mexico 88011. / Zec/ Rdger M. Bonus / Date - xe 020o/ .5 Gayle M. Bonus Date ADLLC: License Types: Page 1 of 2 Arizona q Department of Li uor Licenses and Control 800 W. Washington, 5th Floor, Phoenix, AZ 85007 DL Phone: voice (602) 542-5141 fax (602) 542-5707 E-mail: ligr�cr azll.com MM. License Types: Series 12 Restaurant License Licensing Non-transferable Training On-sale retail privileges Information Note: Terms in BOLD CAPITALS are defined in the glossary. ..:....:. ....:.:.:::.. ....: . PURPOSE: Allows the holder of a restaurant license to sell and serve spirituous liquor solely for About DL1A: consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Query ADDITIONAL RIGHTS AND RESPONSIBILITIES: commeilts An applicant for a restaurant license must file a copy of its restaurant menu and Restaurant Operation Plan with the application. The Plan must include listings of all restaurant equipment and service items, the restaurant seating capacity, and other information requested by the department to substantiate that the restaurant will operate in compliance with Title 4. The licensee must notify the Department, in advance, of any proposed changes in the seating capacity of the restaurant or dimensions of a restaurant facility. A restaurant licensee must maintain complete restaurant services continually during the hours of selling and serving of spirituous liquor, until at least 10:00 p.m. daily, if any spirituous liquor is to be sold and served up to 1:00 a.m. On any original applications, new managers and/or the person responsible for the day-to-day operations must attend a basic and management training class. A licensee acting as a RETAIL AGENT, authorized to purchase and accept DELIVERY of spirituous liquor by other licensees, must receive a certificate of registration from the Department. A PREGNANCY WARNING SIGN for pregnant women consuming spirituous liquor must be posted within twenty (20) feet of the cash register or behind the bar. A log must be kept by the licensee of all persons employed at the premises including each employee's name, date and place of birth, address and http://www.azil.comilic12.htm 10/24/01 ADLLC: License Types: Page 2 of 2 responsibilities. Bar, beer and wine bar, and restaurant licensees must pay an annual surcharge of $20.00. The money collected from these licensees will be used by the Department for an auditor to review compliance by restaurants with the restaurant licensing provisions of ARS 4-205.02. AVERAGE APPROVAL TIME: Sixty-five (65) to one-hundred five (105) days. PERIOD OF ISSUANCE: One (1)year with option to renew. FEES: Non-refundable application fee: $100.00 Fingerprint fee per card: Contact Department Interim Permit fee: $100.00 Upon approval: Final fees (full year): $2,000.00 Final fees (half year): $1,750.00 Annual renewal fee (includes SURCHARGE): $555.00 ARIZONA STATUTES AND REGULATIONS: ARS 4-119, 4.201, 4-202, 4-203, 4-205.02, 4-205.06,4-209(B)(12), 4-209(D)(12), 4-209(J), 4-213, 4-222, 4-261; Rule R19-1-214, R19-1-231. http://www.azil.comilic12.htm 10/24/01 TOWN OF ORO VALLEY 7 COUNCIL COMMUNICATION MEETING DATE: January 9, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: Steven Faaborg, Senior Civil Engineering Technician SUBJECT: Ordinance No. (0)02-04 , revising the speed limit for La Canada Drive from Lambert Lane to the southern Town boundary. SUMMARY: The Oro Valley Police Department, at the request of the Department of Public Works, has recently conducted a speed survey to determine the appropriate speed limit along La Canada Drive between Lambert Lane and the southern Town boundary. Presently the speed limit on La Canada Drive in unincorporated Pima County is 45 M.P.H., dropping to 40 M.P.H. at the Town boundary. The Manual on Uniform Traffic Control Devices for Streets and Highways, 1988 Edition suggests that the following factors be considered when determining the proper numerical value for a speed zone: 1. Road surface characteristics, shoulder condition, grade, alignment and sight distance. La Canada Drive is a paved street with 4" of asphaltic concrete over 6-8" of asphaltic base course. It has a mixture of vertical curbs, wedge curbs and curbless sections. The street varies in width throughout the section. Grades, sight distances and alignment within the zone meet the requirements for a 45 M.P.H. design speed. 2. The 85th-percentile speed and pace speed. A speed survey utilizing the Police Department's "smart" trailer was conducted between November 29 and December 3, 2001. The trailer was placed on the east side of La Canada Drive facing north between Canyon Shadows Lane and Congressional Way. The display on the trailer was turned off so that it would not impact the results of the survey. Information was gathered for both northbound and southbound traffic. The 85th percentile speeds for each day of the survey fell between 45 and 47 M.P.H. with the ten mile pace speeds between 36-45 and 38-47 M.P.H. 3. Roadside development and culture, and roadside friction. The area adjoining La Canada Drive is a mixture of residential and commercial properties. All streets intersecting La Canada Drive are controlled with stop signs. Left turn bays are provided at Congressional Way, Canyon Shadows Lane and Rancho Sonora Drive. 4. Safe speed for curves or hazardous conditions within the zone. There are no horizontal curves or hazardous conditions within this street segment. 5. Parking practices and pedestrian activity. As an arterial street parking is not allowed along La Canada Drive. No sidewalks have been provided along this section of the street. There are 3' bicycle lanes along both sides of the street. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 6. Reported accident experience for a recent 12-month period. Public Works Department does not have an accident history for the street during the last 12 months. Based on these criteria, a 45 mile-per-hour speed limit would be justified for this section of street. ATTACHMENTS: Ordinance No. (0)02- 04 , An ordinance of the Town of Oro Valley, Arizona 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 matured and proceedings that have already begun thereunder. FISCAL IMPACT: Approximately $300 for installation of four signs, plus yearly maintenance. The maintenance is funded from the Highway User Revenue Fund (HURF). RECOMMENDATIONS OF STAFF: The Department of Public Works recommends approval of Ordinance No. (0)02- 04 , An ordinance of the Town of Oro Valley, Arizona 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 matured and proceedings that have already begun thereunder. SUGGESTED MOTION: I move to ADOPT Ordinance No. (0)02- 04 , An ordinance of the Town of Oro Valley, Arizona relating to speed limits; amending Oro Valley Town Code Section 11-3-4, "Speed Limits" or I move to deny Ordinance No. (0)02- 04 , An ordinance of the Town of Oro Valley, Arizona relating to speed limits; amending Oro Valley Town Code Section 11-3-4, "Speed Limits " ti Department Hea C ief of olic� Town Manager ORDINANCE NO. (0) 02 - 04 04 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, 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 MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER. WHEREAS, on September 27, 1989, the Town Council did approve Ordinance Number (0) 89-21, which adopted that certain document entitled, "Oro Valley Town Code, Chapter 11, Traffic; Motor Vehicles," as the eleventh chapter of the official Town Code; and WHEREAS, pursuant to Oro Valley Town Code Section 11-3-3, "Traffic Control Devices," the Town Engineer or Chief of Police with the approval of the Town Council shall place and maintain traffic control devices deemed necessary to regulate traffic under the traffic laws of the Town and State; and WHEREAS, currently the Oro Valley Town Code Section 11-3-4, "Speed Limits," designates all of La Canada Drive as 40 miles per hour; and WHEREAS, a review of the current engineering standards suggests that the existing posted speed limit of 40 miles per hour is not in compliance for all portions of La Canada Drive; and WHEREAS, the Town has deemed it necessary to amend Oro Valley Town Code Section 11-3-4 to designate reasonable speed limits for all of La Canada Drive in order to be in compliance with current engineering standards and to preserve the peace, health, and safety of the roadways in the Town. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona, as follows: SECTION 1. The proposed new text for Oro Valley Town Code Section 11-3-4(C) reads with additions being shown in ALL CAPS and deletions being shown in c : Section 11-3-4 Speed Limits (C) La Canada Drive • - = - • - • e '• = e - • e - - FROM LAMBERT LANE to Drive TANGERINE ROAD: 40 miles per hour. SECTION 2. The proposed new text for Oro Valley Town Code Section 11-3-4(M) reads with additions being shown in ALL CAPS and deletions being shown in text: Section 11-3-4 Speed Limits (M) La Canada Drive - ' FROM LAMBERT LANE TO THE SOUTHERN TOWN BOUNDARY: 40 45 miles per hour. SECTION 3. Pursuant to ARS § 41-1346, the Town shall maintain efficient record management for local public records and it has . b€en determined that this Ordinance is a public record with three 4 c(pies of said Ordinance to remain on file in the office of the Town Clerk. SECTION 4. 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 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 9th day of January , 2002. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan Dudley, Town Attorney Tr TOWN OF ORO VALLEY Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: 01/09/02 TO: HONORABLE MAYOR AND COUNCIL FROM: DAN L. DUDLEY, TOWN ATTORNEY SUBJECT: DISCUSSION OR POSSIBLE ACTION REGARDING VISTOSO PARTNERS, LLC REQUEST FOR WITHDRAWAL OF ITS REQUEST TO ANNEX RANCHO VISTOSO NEIGHBORHOOD 12 TO THE TOWN OF ORO VALLEY. SUMMARY: Attached for your consideration and possible action is a request by Vistoso Partners, LLC to withdraw its request to Annex to the Town Rancho Vistoso Neighborhood 12. ATTACHMENTS: Request by Vistoso Partners, LLC. RECOMMENDATION: FISCAL IMPACT: A OP IIMPA A T wn Attorney 01/("41 i Town Manage F:\Council\Regular\010902 CC re Withdrawal of request to annex NB 12 010202.doc --� --' -- �� � vv� vas V1il .. _ .. 1Z 002 VISTOSO PARTNERS 1121 WEST WARNER ROAD • SUITE 109 • TEMPS. ARIZONA 85284 (480) 831-2000 • FAX (480) 893-1604 Date: //— 61 7—o/ To: Maya and Town Coin fibers November 27, 2001 From: k Town Manager For Your Info Mr. Chuck Sweet Town of Oro Valley 11000 North La Canada Oro Valley, Arizona 85737 Re: Neighborhood 12 Dear Mr.Sweet, Vistoso Partners, LLC respectfully requests the withdrawal of our earlier application to have Neighborhood 12 annexed Into the Town of Oro Valley. Vistoso Partners will be working with Pima County to plan the area. It is the Intent of Vistoso Partners to work with Pima County to make certain Neighborhood 12 is planned and developed with the same high standards as established for the balance of the Stone Canyon area. Please extend our sincere appreciation to the Town of Oro Valley for their consideration to make Neighborhood 12 a part of the Town. Jo n Beerling