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HomeMy WebLinkAboutPackets - Council Packets (1332) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION JANUARY 23, 2002 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS — TOWN MANAGER The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE —At this time, anymember of thepublic is allowed to address the Mayor and Town Council on anyissue not listed on today's today s agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask the Town Manager to review the matter, ask that the matter be placed on a future agenda, or respond to comments made by speakers. However, the Mayor and Council may not discuss or take legal g action on matters raised during "Call to Audience." 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 p g blue speaker card. 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 01/09/02 B. Coyote Run — December 2001 C. Building Codes Activity Report— December 2001 D. Public Information Report— December 2001 2. PRESENTATION OF CERTIFICATES OF APPRECIATION N TO MAYOR, TOWN COUNCIL MEMBERS AND STAFF FROM IN-LINE SKATE ORGANIZATION FOR THEIR SUPPORT OF THE CACTUS SPEED CLASSIC HELD ON NOVEMBER 4, 2001 3. PRESENTATION OF PLAQUES OF APPRECIATION TO MEMBERS OF THE GOVERNMENT REVIEW TASK FORCE 4. PRESENTATION FROM GREATER TUCSON ECONOMIC COUNCIL (GTEC) REGARDING QUARTERLY PROGRESS REPORT 01/23/02 Agenda, Council Regular Session g 2 5. CONSIDERATION AND/OR POSSIBLE APPROVAL OF A LETTER OF ENGAGEMENT BETWEEN LONDON PACIFIC ADVISORS AND THE TOWN OF ORO VALLEY ON BEHALF OF THE ORO VALLEY PUBLIC ARTS ENDOWMENT ADVISORY COMMITTEE 6. PUBLIC HEARING - ORDINANCE NO. (0)01- AMENDING ORO VALLEY TOWN CODE SECTION 6-4-1, PLUMBING CODE BY ADOPTING THE STATE OF ARIZONA UNIFORM PLUMBING CODE AS MANDATED BY ARIZONA REVISED STATUTE §9-805 TOWN MANAGER'S REPORT CALL TO AUDIENCE At this time, any member of theublic is allowed lowed to address the Mayor and Town Council on anyissue not listed on today's day s agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask the Town Manager to review the matter, ask that the matter be placed on a future agenda, or respond to comments made by speakers. However, the Mayor and Council may not discuss or take legal action on on matters raised during "Call to Audience." Any items must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience", . p udience , please specify what you wish to discuss when completing the blue p g speaker card. ADJOURNMENT POSTED: 01/16/02 4:30 p.m. lh A packet of agenda materials as listed above is available forubli p c inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities litres Act (ADA). If any person with a disability needs anytype of accommodation,Yp please notify Kathryn Cuvelier, Town Clerk, at 229-4700. 01/23/02 Agenda, Council Regular Session 3 INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this p agenda, lease g complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during g "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. MINUTES A ORO VALLEY TOWN COUNCIL REGULAR SESSION JANUARY 9, 2002 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION CALL TO ORDER 6:03 p.m. ROLL CALL Paul Loomis, Mayor Fran LaSala, Vice Mayor Dick Johnson, Council Member Werner Wolff, Council Member EXCUSED: Bart Rochman, Council Member EXECUTIVE SESSION CALL TO ORDER 6:03p.m. ROLL CALL Paul Loomis, Mayor r Fran LaSala, Vice Mayor Dick Johnson, Council Member Werner Wolff, Council Member EXCUSED:SED BArt:Rochman, Council Member MOTION: A MOTION was madeCouncil Member Wolff and SECONDED b by y Council Member Johnson to go into Executive Session for the following purpose: 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 MOTION carried, 4—0. MOTION: A motion was made by Vice Mayor LaSala and SECONDED by Council Member Wolff to go out of Executive Session at 6:40 p.m. Motion carried, 4—0. RESUME REGULAR SESSION REGULAR SESSION CALL TO ORDER 7:00 p.m. 01/09/02 Minutes,Council Regular Session 2 ROLL CALL Paul Loomis, Mayor Fran LaSala, Vice Mayor Dick Johnson, Council Member Werner Wolff, Council Member EXCUSED: Bart Rochman, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings. He also reported that the Town Hall offices would be closed on Monday, January 21st for Civil Rights Day. CALL TO AUDIENCE Bill Adler, 10720 N. Eagle Eye Place, stated that he had sent a letter to the Town Council requesting that they reconsider their motion from December 19th regarding the appointment process for Boards and Commissions. He stated that he felt that the appointment process should result in qualified candidates and not in political nepotism. He asked that serious consideration be given to all the alternatives, and therefore, requested a reconsideration of the item. 1. CONSENT AGENDA MOTION: Council Member Johnson MOVED to APPROVE the Consent Agenda as presented. The motion was SECONDED by Vice Mayor LaSala. Motion carried, 4—0. A. Minutes— 12/11/01; 12/19/01 B. Finance Report—November 30, 2001 C. Resolution No. (R)02-01 Award of contract for Audio/Visual 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 01/09/02 Minutes,Council Regular Session 3 2. CONSIDERATION AND/OR POSSIBLE ACTION REGARDING THE ELECTION OF VICE MAYOR Mayor Loomis opened the floor for nominations for Vice Mayor. Vice Mayor LaSala NOMINATED Council Member Wolff for the position of Vice Mayor. Council Member Wolff declined the nomination. Council Member Wolff NOMINATED Council Member Johnson for the position of Vice Mayor. Mayor Loomis closed the nominations. NOMINATION for Council Member Johnson as Vice Mayor for a term of two years effective January 9, 2002, was approved by a vote of - 1, with Council Member LaSala opposed. 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 HumanResources Director Jeff Grant reviewed the Council Communication and e explained that the proposed ordinance, if adopted, would allow the military reservists employed the Towno receive a` om etitive level of compensation from the Town. byp p He explained that the supplemental` pay in addition to their military pay, would provide total compensation equal their regular pay with the Town. Mr. Grant explained that this is the same mechanism used for employees who must meet other civic responsibilities, such as jury duty. He also explained that employees who opt for the supplemental pay would continue to receive their normal paychecks and in turn, would provide the Town with their military pay. In response to questions from Vice Mayor Johnson regarding medical and dental benefits and retirement pay, Mr. Grant explained that each would be looked at on a case by case basis. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Wolff MOVED to APPROVE Ordinance No. (0)02-01 amending the Town of Oro Valley Personnel Policies and Procedures Code. Vice Mayor Johnson SECONDED the motion. Motion carried, 4—0. 01/09/02 Minutes,Council Regular Session 4 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 Town Clerk Kathryn Cuvelier reviewed the Council Communication and explained that the proposed ordinance, if adopted, would update and clarify the existing ordinance adopted in 1989 that outlines the duties of the Town Clerk. She stated that it would also assure compliance with Arizona Revised Statutes. She reported that the Council declared these amendments a public record by Resolution No. (R)01-112 on December 5, 2001. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Vice Mayor Johnson MOVED to ADOPT Ordinance No. (0)02-02. Council Member LaSala SECONDED the motion. Motion carried, 4—0. 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,A GER AND 3-2-5, ATTORNEY,TOWN TO CLARIFY THEIR DUTIES IN REFERENCE TO SETTLEMENT AUTHORITY Town AttorneyDan Dudleyreviewedthe Council c Communication and reported that currentlythe Town Councils required to approve settlements regardless of the amount. He explained that the posed amendmentto the Code delegates to certain Town staff g settlement authority for:claims less than $20,000.00. The proposed amendment would p p authorize the Town Attorney, 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, would be authorized to settle any claim against the Town where the amount of the settlement is for$10,000 but not more than $20,000. In response to questions from Council Member LaSala and Vice Mayor Johnson, Mr. Dudley explained that the Town receives approximately twenty to thirty claims per year in the amount of less than$10,000 and ten to fifteen claims per year in the amount of$10,000 to $20,000. (Mr. Dudley explained that this estimate was on the high side.) He also explained that most are insured claims, but the Town has a$10,000 deductible in most instances. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member LaSala MOVED to APPROVE Ordinance No. (0)02-03, making the addition of the Oro Valley Town Code Article 3 —7, Settlement Authority, 01/09/02 Minutes,Council Regular Session 5 and amendments to Sections 3-2-1, Town Manager and 3-2-5, Town Attorney. Council Member Wolff SECONDED the motion. DISCUSSION: The Council requested that the Town Manager keep them appraised of any settlements. Town Manager Chuck Sweet stated that he would provide the Council with a report from the Town's insurance company that would show a Town history of settlements over the past years. Motion carried, 4—0. 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 Town Clerk Kathryn Cuvelier reviewed the Council Communication for the liquor license request from Uno Chicago Bar and Grill to be located at 10180 N. Oracle Road. Mr. RogerBonus, owner of the Uno Chicago Bar and Grill,reported that he hopes to g ................... ................... .................. ................. open the restaurant by mid-April. He also explained that the State Liquor Board would be conductingcertification classes for his staff before the restaurant opened p Mayor Loomis opened the public hearing: There being no speakers, the public hearing was closed. r ri s 12 MOTION. Council Member LaSala MOVED to APPROVE the request fo a Se e q Liquor License for Roger Bonus:and principals at Uno Chicago Bar and Grill to be located at 10180 N. Oracle Road. Vice Mayor Johnson SECONDED the motion. Motion carried, 4—0. 7. PUBLIC HEARING - ORDINANCE NO. (0)02-04 RELATING TO SPEED LIMITS; AMENDING ORO VALLEY TOWN CODE, SECTION 11-3-4, "SPEED LIMITS" Town Engineer Bill Jansen reviewed the Council Communication and explained that the proposed ordinance, if adopted, would amend the speed from La Canada Drive from Lambert Lane to the southern town boundary from 40 m.p.h. to 45 m.p.h. He explained that this would make the speed consistent with the speed limit from the southern Town limits up to the stop light at Lambert Lane. Mr. Jansen stated that the Police Department has conducted a speed survey on the road and the 85th percentile speeds for each day of the survey fell between 45 and 47 m.p.h. He stated that after review of all factors, the Police Department and the Department of Public Works recommend approval of the revised speed limit. 01/09/02 Minutes,Council Regular Session 6 Discussion followed regarding the fact that the speed limit from Lambert Lane north to Tangerine is 40 m.p.h., the stop light at Lambert Lane is a natural break point for a change in the speed limit, and more commercial areas are being developed on the southeast and southwest corners of La Canada Drive and Lambert Lane which would bring more traffic to La Canada Drive. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Vice Mayor Johnson MOVED to ADOPT Ordinance (0)02-04, relating to speed limits, amending Oro Valley Town Code Section 11-3-4, "Speed Limits." Council Member LaSala SECONDED the motion. DISCUSSION: Discussion followed regarding the traffic limit being set artificially low, people breaking to maintain the 40 m.p.h., and future development of the area. Motion FAILED, 2 —2, with Mayor Loomis and Council Member Wolff opposed. 8. DISCUSSION AND/OR POSSIBLE ACTION REGARDING VISTOSO PARTNERS LLC REQUEST OR WITHDRAWAL OF THE PETITION TO ANNEX RANCHO VISTOSO, NEIGHBORHOOD 12 INTO THE BOUNDARIES OF THE TOWN OF VALLEYLEY Town Attorney Dan Dudley explained that a letter has been received by the Town from Vistoso Partners LLC requesting withdrawal of its request to annex Rancho Vistoso stoso Neighborhood 12 into the Town.' 1 Mayor Loomis stated that he would like to send a letter to Vistoso Partners LLC stating that their request is too late and that the annexation must now be decided by the voters in the March election. In response to questions from Council Member LaSala, Mr. Dudley explained: ➢ Normally, once the electorate has acted, the position is locked in and the Town Council could not override the electorate's decision. However, with regard to a process that is specifically set out in the law, the law permits the process to go forward. He stated that in this particular instance, he did not believe a de-annexation process would be appropriate if the voters approved the annexation. ➢ As per his recollection of the law, if an entity wants to de-annex, it has to de- annex into another incorporated area. ➢ Until the ordinance became effective (the 31'day after approval,) the applicant could have withdrawn their request with the Council's approval. ➢ Once the signatures were gathered and the petition was filed, the applicants could not have unilaterally withdrawn their application without approval of all the signatories. 01/09/02 Minutes,Council Regular Session 7 ➢ Once the referendum petition was filed, the applicants could not withdraw their request, nor could the Council authorize its withdrawal. ➢ Nothing in the process precludes Pima County from taking zoning related actions with regard to the property. There being no objections from the Council, Mayor Loomis stated that he would respond to Vistoso Partners LLC. TOWN MANAGER'S REPORT Town Manager Chuck Sweet reported that the Town's portion of improvements to Naranja Road in front of Ironwood Ridge High School have been completed. He explained that this project was a combined effort on the part of the Town of Oro Valley, Pima County and Amphitheater School District. He reported that Amphitheater School District is still waiting on permits from Pima County to install the sidewalk. Mr. Sweet stated that this project has dramatically improved the safety conditions on the road. He also complimented Town Engineer Bill Jansen and hstaff for their work on the project. CALL TO AUDIENCE No speakers. ADJOURNMENT MOTION: Council Member LaSalafMOVED to ADJOURN at 7.45 p.m Vice Mayor Johnson SECONDED the motioMotion carried, 4—0. Respectfully submitted, Roxana Garrity, Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the _9th_ day of January 2002. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of ,2002. Kathryn E. Cuvelier,CMC Town Clerk B * • . ,. ': .. ,,,, ,,--:-ir 1 1 JO 8 g c zJMUIItftI ! t Decoml)er /U01 x "tea.. —''''' '—''''.—. '....?'' -4 ,,... — _.:74/6„,,......„_ Aditigir--- i _ ,11,,._ RUN ° - -- General Overview of Coyote Run Operations for the month of December 2001. Total Registered Clients Total Scheduled Trips _ Total Trips 578 1037 960 20 Days of Service Total Service Miles for the Month = 13,319 Vehicle Vehicle Start Service End Service Total Service Year/1%110e_ Number_ Miles _ Miles Miles;.. 1996 Ford 92 146,286 148,225 1,939 1996 Ford 96157,038 159,156 2,118 1998 Ford 64 112,120 114,354 2,234 1999 Dodge 49 66,570 69,057 2,487 2000 Dodge 13 58,920 61,092 2,172 2001 Ford 69 7,998 10,562 2,564 Average Daily Total Trips =48 Cancellations = 79 , Denials Due to Demand = 0 4. 71 nM7t71_ mmTm -n -n mTm —1 -n-1 -n'-q-n-n N iii.(7)* N_ wN nn0N -<-< -<-< o Oni ginvfgivn • A N222n 2 222 2 2 2 -eI,.4 OCOONA N 8 8 8 mN 2 N 2 N 2 NO ry w -< - -< -< -<- 00000O0 0. O. o o O_OOO WWmmW WWWmWW 00000000 c0 rn -<-<-<-<-<-< N EH 0 0 0 0 N N(0 - o, 0 0 0 0 0 00000 O O co CO, W' OODOD OODODO —OOmc N N ._L OO0m( OOwC CO : (0 0g0b C O O OD(D CD`i I N N-, -, -, N N N -. N 4. T. -1 --..0,000,(D '11111; 0 0 CO CO CD 000 . .. 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N N 4A W w A N N co C r' A N CO ...� CO 60 :it; w j .t. -4O goO 00004,0 000 't, UO1 ?0) NAN9oN C ?1 Oo 0 O W N O OD • cG W .A. -' CA .- m Cl) t. Q) 0 CO N CD v CD Q, U1 cn 0 r 1 . ' ' ► 1 13 M C � W 73 C AO Q OX - WAOg0 ; E� ,y � v M v. �. P -4 rn � ..... 470) v S 00 ) � D 4A 4A N p W V § W".-4 -.. ONZ � tJ1 CJ1�A C70 f11GO o O O O0: Nto 000A O O UOi -P x E 8 4 r4 � � ..'J 00 th 0 W ..a NN NW alm N ...I a) 1. N co 0 0 3 rn r 2 - --I TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: January 23, 2002 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Bob Kovitz, Public Information Officer Kevin Verville, Information Systems Administrator SUBJ: Information Activities Report December, 2002 BACKGROUND: During 2001, the Mayor and Council have beenp rovided with reports that summarize both the public information and Town website activities for the past two months. This fifth report will continue to make comparisons among the statistical data being gathered to track the traffic on the Town website. Otherp ublic information activities are also noted. Public Information Activities Similarly to previous months, the majority of the print media articles have been follow-up stories regarding Council, Planning and Zoning Commission and Development Review Board actions. December is generally a slower news month, and there were fewerp rint and broadcast reports regarding Oro Valley than in previous months. These included: 1. Dec. 1-AZ Daily Star (Metro)—Intergovernmental Agreement Ironwood Ridge High School road improvements 2. Dec. 4 KOLD-13 Planning and Zoning Commission Meeting 3. Dec. 5-NW Explorer-- Intergovernmental Agreement Ironwood Ridge High School road improvements 4. Dec. 5-NW Explorer—Photos—Tree-lighting ceremony 5. Dec. 11 AZ Daily Star Tortolita incorporation decision 6. Dec. 11 Tucson Citizen-- Tortolita incorporation decision 7. Dec. 12 NW Explorer-- Tortolita incorporation decision 8. Dec. 19 KVOA-4 Annexation of areas to the south of Oro Valley 9. Dec. 24 Inside Tucson Business Water Agreement with Tucson Website Activities December was another month with over 13,000 sessions. The monthly average has also steadily increased over the last 6 months. In total, the site had over 120,000 sessions in 2001. Total Sessions br ;G2 .. r/nLu,?r Ali 5 3 N/Y Y 'Q4: • 5.7-,,,, rb J,K y fr , w �fR rdv...fdr r7ie.i ar• . a�4X ,,4$T ;fin .$ y/r'y h/i S timet .S'i sr xy r, �'{ ^Srl.r ,y� '3r et: ii cfir t e7 K�,, aN 94_ i � �y 4',,,,,.'-;:-7 '',:it; . , A,. c,,' A r r s fftt ,„ i.' ,y r F.,".,�Y.'p'S SS A` `-`', 'f.,''''-'-'. ,S?T>, e''s3t 3' c` ris` S b` li; d f u: v' ot-''' ',','4 0:44:i , t ' +a 5v,gr: V;'I‘i ' atit ki,,,,, • e, ///n ,/'r r/✓ r fry ,/ >• � /fir �y i �� r. /r :'; r/i -.// rrr/iris✓/rii.i r//r..L/�vi� .. r/J//•.,,.'.i..i,;r :�,: ,�i.J�I/iii��7�Lt%:..�; .* .�. . girt ,/ r .qty ./. ... .fir,.:;.;. ../,��.,;,Z/k-�'./ri/. ./�a�H.;:f, ..::/ .,.,.....,... Monthly JUL AUG SEP OCT NOV DEC Avg Below are the statistics for December 2001. For the second month in a row, the Maps and Public Works pages have displaced the Clerks page from the Top Five most accessed pages. Also, Transit made a re-appearance on the Top Five. Statistics for December 2001 Total Sessions: 13192 Total Blind Sessions: 5729 Average Daily Sessions: 426 Top Five Most Commonly Accessed Pages Home 8432 page views Human Resources 1548 page views Maps 948 page views DPW 496 page views Transit 420 page views Terminology Session: A visit to the web site where at least one link was selected (meaning the visitor viewed more than one page). Blind Session: These are visits to the site by viewers who have "book marked" or saved the site name as one of their "favorite places." This means that search engines or other web sites did not refer the viewers for their visits. Page Views: Number of requested pages from the web server during an individual session. Note: Town of Oro Valley employees account for approximately 5% of the total sessions for the period. These employees usually access the site to update their pages, check on information, links or projects that they have been working on. Bo Kovitz, Public In rmation Officer r ys J •4 �r. erville, formation System Administrator dr Chuck Swe-t, Town Manager TOWN OF ORO VALLEY 3 COUNCIL COMMUNICATION MEETING DATE: January 23, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Kathryn Cuvelier, CMC Town Clerk SUBJECT: PRESENTATION OF PLAQUES OF APPRECIATION TO MEMBERS OF THE GOVERNMENT REVIEW TASK FORCE SUMMARY: Mayor Loomis will present Plaques of Appreciation to members of the Government Review Task Force to thank them for their volunteerr service to the Town. Members include: Jim Kriegh, Vice Chairman Marilyn Cook,Member Don Dvorak, Member Richard Feinberg, Member Larry Holden, Member /1 C. ettzt1). Dep. Iment Head Town Ma ager TOWN OF ORO VALLEY ' , COUNCIL COMMUNICATION MEETING DATE: January 23,2002 TO: HONORABLE MAYOR& COUNCIL FROM: Chuck Sweet, Town Manager SUBJECT: PRESENTATION FROM GREATER TUCSON ECONOMIC COUNCIL (GTEC) REGARDING QUARTERLY PROGRESS REPORT SUMMARY: Per the Town's Agreement with GTEC, representatives will attend our meeting to present the Mayor and Council with a Quarterly Progress Report outlining their activities over the past several months. SUGGESTED MOTION: No action required. AS- Town Manager The Greater Tucson Economic Council 400-:-rs tr 33 N. Stone Avenue, Suite 800,Tucson, AZ 85701 45 1 voNo.vma, Phone : 800-374-4769 • 520-882-6079 • www.futurewest.com CORPORATE RELATIONS BUSINESS UNIT New to GTEC is our Corporate Relations Business Unit which will serve three primary functions: strategic outreach and execution, marketing, and investor relations. Strategic Outreach and Execution: GTEC will identify locations of companies with complimentary technologies. Strategic partnerships will be developed in the areas of Research and Development, and Technology while increasing University collaborations. Trade missions and exchange missions to Mexico will result in the creation of ports of entry into Mexico and Latin America as well as into Tucson thereby increasing cross border investment. In addition, we will endeavor to increase foreign investment via outreach to the European theater. Marketing: The agency selected to handle GTEC's marketing is The Bablove Ridgewood Workgroup. Research is ongoing, as is the evaluation of a number of suggested tag lines. A new brand that identifies Tucson as a center for technological excellence will also be developed. Investor Relations: Efforts are being made in rebuilding investor relations to increase private investment. Part of the rebuild will include the repackaging of all materials, as well as developing a tool kit for board members and investors who desire to promote investment in Tucson's future. Come for the Technology Stay for the Lifestyle f_ a r - •vetakil REATIV ECONOMIC COUNCIL Jfiti 23'02Pm12:41 TOV January 22, 2002 The Honorable Paul Loomis Mayor Town of Oro Valley 11000 North La Canada Drive Oro Valley, AZ 85737 Dear Mayor Loomis: At the GTEC Quarterly meeting held on January 16th, I referred to a recent article in Smart Money magazine, titled "Home Economics". This article rated Tucson 3rd in the nation out of the country's 65 largest real estate markets, in a survey to predict the comparative strength of U.S. housing markets at the end of 2003. Following the meeting, I received several requests from members of the Board for copies of the article. Enclosed is the article in its entirety for your information. I also want to say a special thank you to Larry Leung, of New World Homes, for taking the time from his busy schedule to bring this information to my attention. It's nice to know our investors are alert and watching for"earned media" on Tucson. Sincerely, Steven W. Weathers President and CEO SW:np cc: Larry Leung, Owner New World Homes Enclosure 520-882-6079 • 33 North Stone Suite 800 Tucson, Arizona 85701 • 800-374-4769 • Fax 520-622-641 3 • Website:www.futurewest.com A Partnership of: Pima County• City of Tucson • The Business Community rims"! C4 C act HOME ECONOMICS ECONOMICS : aZIC THE SMARTMONEYREAL ESTATE INDEX AUSTIN?AUSTIN, TEXAS?THAT TECH-BUSTED CITY,WHERE DELL, many quarters out of the next 10 will bring good employment AMD,Motorola and others have laid off tens of thousands of news),the recent trend in housing affordability there and the workers,gets the highest ranking in our survey of real estate amount of building permits that will be issued(a projection by markets?Who are we kidding? Economy.com). A city's vacancy rate was worth zero to five We're not kidding, we just did the math. Our research points,as were demographic changes in each market:Are typ- shows thatP lenty of other,mostly smaller companies in that ical 35-to 49-year-old homebuyers coming or going? Lastly, city are poised to hire the folks let go by those big names.Home we fine-tuned for layoffs that occurred after our employment prices never got as overheated in Austin as they did elsewhere, stats were generated. so they won't freeze up as badly.Plus: Our assessment of the An ideal city all factors as favorable as possible would nation's 65 biggest real estate markets extends to the end of get a score of 100. Markets with scores of 60 and above are 2003.Since Austin took its lumps early in this recession,it may primed for price appreciation;those below 50 may see values well recover sooner.In fact,Austin's score of 76.6 in our Smart- erode.Between 50 and 60,stability reigns. Money Real Estate Index is head and shoulders above the near- To see where housing values are now,check out the 2001 est competitor,Nashville(71.2). prices for a typical four-bedroom home in each market(courtesy These scores were derived from detailed regional data that of Runzheimer International).Wherever you live,here's hop- affects housing prices,including stats from Economy.com,the ing that your home's value not only keeps up with the Joneses' Meyers Group and Woods&Poole.We gave each market zero down the street, but whips all the other Joneses' around the to 10 points for predicted job growth,recession resistance(how country,too. —Research by Chris Horyrnski FIRM FOUNDATIONS OR SHAKY GROUND?WHERE HOME VALUES ARE HEADED These rankings predict the comparative strength or weakness of U.S.housing markets at the end of 2003. Median Home Price, Recession Building Population Rank Metro Area September 2001 E: loyment Resistance. Affordability Permits: Vacancies Growth/Decline SCORE 1 AUSTIN,TEX. X 01400 4:. 10 6 9 5 4 NA�6VILL,E 197800 • 6 10 3 4 71.2 2_. • : , . TUCSON,ARIZ.:` • 194,100 :.:.6 10 7 3 3 70.7 4 SALT tAKE.CITI 253,000 8 10 8 3 3 2 69.3 3 5: FORT WORTH,TEX.: 169,90Q 6 10 7 6 3 68.5 .. :� : � 6 WASH INGTON,D.C. . 352,500: 4 8 8 8 3 3 67.9 DALLAS: - 177,800 4 10 7 :- 6 . 3 2 65,7 8 SAN,ANTONIG 124,400 6 -8 5 4 2 65.5 .: WEST PALM BEACH,:FLA. .,180,100 3 - :g � . 10 ' : 4 2 5 � 63.8 �. 180• ,709 . 8: 8 6 3` 3 63.6 �0: RICHMOND,�� � _ _ -: - - - � -, NORFOLK,VA. 176,100 10 ,4 9 4;_ 1 3. 63.3 ;292,300 : 5: 4 7 8 - 4 4` 63.0 - - 12- .:SACRAMENTO �_ : - _ -_ � - - _62.5 - 177 800 5 : 4 -8 7 - 4 3 13 INDIANAPOLIS- -- 6 8 5, 1 62 14 L. 1lEGAS : 1g6 800; =6 ... . .- . . .: _ - - ..62.4 . f 8 _6 6 1 4 .t1110 15: ORLA OQ - 182,600 H - 269,900: 8 0 :.10 8 3 2-:: 619 I6 PHILADELPHIA CHICAGO- �_� � :.. -. � : : 315;500: 8 - • 0 10 . .:7 4 2:..: - .61.0 ,. -7 0 SMARTMONEY FEBRUARY 2 0 0 2 .♦ t Me than Ham Price; Recession Building` Population �- : .t., ''• ''''I's:'..--:,T. _-��:, r= .September 2001 Employment ResistanceAffordability Permits- Vacancies Growth/Dec :SCORE i Metro Area _ F , , .r �.,a..�F_ - ; - _ -- _ - - 4 - 3 . a aha':'}G.,„i•'l:i' '•. fi -.,11.-'=•-'3'.1- i t:.•_,:r y. 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Y,.�{':Y;_,� iti:-:...'Y.. r .i -...�fi .. -6 .. ,. _•_g-t- s.� .s:;,:'-tea Osis" .3 L 'z _!•.5 a '! 1 ! ws,.Y Yi 1;-i• :a•?.. t �� � 1 57.1 IS� `�(`!r` �`` -�i. r'�i`+t•-fi,� r� w Rt.-..:�t��''�' ,i? "t7-' -46V1}�0a ;st� � -. _ _ - , �3' �.MIL1l At1KEE. r .. ,:;2:-'-';...,:z.... .,%_-: r.i. k L .-�- !' -i Fi: .. •� - 5-7--': rxs • µx ','-f>-2, 6 3 2 57.0 }' L!a 208,60.0 8 !)„ 5 7 24 CiNCIINATI Y �x- ax: r1.i ].tS _-;--;- r. _•:_,. t J..a tf '- - • - Ir t•.t,, •--•.t:_:..L:!_,it t•••, .�:..- ;-.t 47.. .-. *.:4=.6. T . 27•• .ci3 �-.. _ 25 NASSAUISUFFOLK COUNTTES� Y. X371,300 _�t 6 -,,F 5 8 5 2 56:8 c`"iS: t:r.-y F - -,.....,..,,,-......--•,-.,...._-..„,,:,- ...-,-,, 5 x i... � u,. ! t r _ - 3 .,16�If „ �, _,�,., __ !l a ,i.--...�,1, 74 700: 5 :6 • 5 7 3 26.. 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UR .s'•:LM•A „"'Sy +.t. - 169 0 .•J.-.21 TAMEA/ST<<PTEESB X33 ',, _ - --. ,1-. - 1 54 `; 3 -, _ 8 a. a,, z : .,..,. 0 8 -5 t t- ..r._ 1, 54.6 :i4 ST.LOUIS ..:: ,L:: 4 4 r-�•� J 3 g•�8i0Q _ 4'- _ t 8 2_,..-_ 6� 1,,,i35= SAN:DIEGO- - _ _ L t - :CALIF: y.247 500 2 j0 6 3 2: 5 54.4 3 R vERSiUElSAN:BERN RDIN szi- -..r.-,,!ii-t.:. - :!.r.7...4:" ce.i T_ .ii 5.:. .:�: - 7,--'...-'71.-11:-:/-..-11:17.-:-.......: �,. v: 54.1 - -:�, ,�. .. 7 3 1 is w r 199 000 7 , 0 9 +7 r J r y - =2. - 4 54.1 - �7 - - 5 2 2, 0 - C _ �s 2 _ _ E - Q TT -'s ,t,. ,ARLO _1_ ! ��yQr. 'ra_ •F fir:' •t' t 2 ?i : -.t''.: 1 -i:� ar.-.,:. .tom •r - 53.4 • .sem 2 3 .F T.. t Z 7 :v. •7-; Fi- :s .,.... 2 9'300 8' 0 __ CLEVELAND t , 2 _ ,i.8 _ 6 3 1 • � tizi _. - r- - r - - - _ �� NEV11 YORK. ..- - - . 339,100: t6' 2 5 1 2 2 52.1 L ��..; r 2 F 1.7` „5.._.•r.. 8'. -t-.. - 7 • i!'•,_•6 -,: 2 - 1 5• a 0.9 <I..f,- t «:d_ .i- 206}400.. 6 r' -,f. - 1.. FJ. 5. _ • --;:i • 's.l. ,;-*--::-:-....:-...::,..-:-::7-. - c;. - - Fw :7 - t J' - - 4 -� 50. J, : 1 imurAHA - 06 500: '.'� 0 6- �-' 2 .� -. .., -..___, :-:. ,..-'_.. Z !.is _�_ .'.{ =' , i_ - -.f:'-' U i,. ,- 29100 5� 1 43 RALEIGH, A. _MtN�IPOL�B�ST."SFA PAUL :« .� - -.. _ - - _46 OKLAHOMA CITU ',-..7-1- 9 '°, 150,400: 6 2 7 tJ 6 �--i- 3 0 49 6 _ 47 GREENSBORO,N.0 7 4 2 3_( 49.2 183;200 . 9. -.. 386;800 48=� -ORAN�E;COUNTY,�CALIF. ,:..-i r-�___. :. � 4 ":Z �:: _ 6 - 4 3 49.1:.=�: 49' DENVER 297,500 0: •48.6 5 4 -4 9 2 r _ -. iti ,....„:„:1„_-._...--„,...._-_-___-_-_,_, 217 800 :_- 5 _. - 2 ,6 �: 5 3 - 3� -`48.4 -.- �50 GRAND RAPIDS}M101�. S 5:1 GREENVILLE S:C• i: - ` -:-.'` L-' �•:• 188 100 6,1 0 6 5 3 3 4T.3 x -: }£:-ri- 277 000 6 2 _ 5 5 3 3. 46.4 52 BALTIIt�lOF�E. :i-ix-‘1:-'14" _ i'. .. .- •_ -: J .fi-3' 53 LOS ANGELES/LONG BEACH '478,800; 3 : 3 2 45.7 8 - 0 - ` 7 ,� �::_ { ::: '900 5 6 :a 5. 8 a 3 44.4 5 :FORT.LA :7 Flratt 1 l..., I �� 208 9-•- - _ - ,�__�. 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'_ _ - - - �L.:� = 61 BOSTON -' • 397200: 6 0 -��•; -B. 4 3 37.7 ;;-.2,':-,,-,-!, - 7 >x�Y 3 33-v COU 1' ...:.i+y _,a-',%...,-,•• 287,000 2 0 r 5• -' _ F 4. 62 N�Il DL81E7I l TY� ;- _:: :_�M � ' ,;_ _ '0 ''�� ,i �, 4 3 34.9 ND``CALIF: _---..,:,.-,.:.7.-_--::::-,,..--;=.-::::::;,...:'.'_.:-: t 67 ,800 3 _ _z.�- - OAKLA - _ - � t st 4 a..7.--:---. i. -r.�- _ _ - _ !,..:,,_.-c�:• i-.�t#;�- 4 3 ,34.9 >: :� 700C N'lass cALI�I: , _...._:- _ _.�_ _ _ _ _ - _ a4 VA '...L .K• _:n--�`^"� _ ) -t' 0 V Y..•� :.:'.�Y_:.i•r'f _ 0 JOS-, .t.'.r.ii._:••L�•ii Z �.fi.,1...,:,.i.'.~.._:•: G-Y_- �i.�:;.•,;;`,w.y.. :�%• fir....•,: y1.. - T• _ Vt• wc' :'-r- _ -^�; iti::%•'+" ter.. ,�... 34.8 4 HONOLULU : _ 0� _ 65 M FEBRUARY 2002 S M A R T M O N E Y l ... r-, 5 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: January 23, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Consideration and Possible Approval of a Letter of Engagement between London Pacific Advisors and the Town of Oro Valley on Behalf of the Oro Valley Public Arts Endowment Advisory Committee and Amending the Town Budget SUMMARY: The Town Council was provided with a status report regarding the activities of the Public Arts Endowment Advisory Committee (PAEAC) at a study session on August 20, 2001 . One of the objectives of that discussion was to receive direction from the Council in regard to the Town's desire to establish a community foundation or supporting organization. The fundamental reason for pursuing these broader options would be to establish a permanent funding source for GOVAC and to develop an organization that would allow local residents and businesses the vehicle to make tax- exempt donations to a variety of charitable purposes serving the Oro Valley community. The general direction received from Council was for the committee to proceed with its research :garding the establishment of such an organization. At the September 27 meeting of the PAEAC a presentation was made by Mr. Bill McMorran and Mr. Brian Murphy of London Pacific Advisors regarding consultant services for the formation, administration and investment activities of an Oro Valley supporting organization for the arts. This organization would be established as a tax exempt, non-profit organization. It was the PAEAC's unanimous recommendation that the Town retain the services of London Pacific Advisors to facilitate the formation of the supporting organization. The item you have before you for consideration is a Letter of Engagement to hire London Pacific Advisors as consultants to the Town for the development of an arts-related supporting organization. The scope of work, tasks, timeframe and fees are outlined in the agreement. The $10,000 in consulting fees would be funded by a transfer from the General Fund contingency to the General Administration's "outside professional services" line item. The Town Attorney has estimated an additional $3,500 in costs for outside legal fees. These fees would be absorbed within the Legal Department's existing budget. ATTACHMENTS: 1. Letter to Mayor and Council from Dick Eggerding, on behalf of the Oro Valley Public Arts Endowment Advisory Committee Letter of Engagement between the Town of Oro Valley and London Pacific Advisors, Inc. ft. Minutes from Town Council's August 20, 2001 Study Session . Ordinance No. (0)00-20 Establishing a Public Arts Endowment Fund TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 STAFF RECOMMENDATION: Staff recommends approval of the Letter of Engagement. Staff also advises that certain sections of the Town Code related to the establishment of a public arts endowment fund may potentially need to be modified in the future to accommodate the Town's direction towards the development of a supporting organization. SUGGESTED MOTION: I move to approve the Letter of Engagement between the Town of Oro Valley and London Pacific Advisors, Inc. and amend the Town budget to provide funding in an amount of $10,000 from the General Fund contingency. or I move to continue this item to a future study session on /1,1<2 David L. Andrews Finance Directo ji , I huck Sw--t Town Manager J P�LEY q z •,/_, O 1 .6) O 6 ti 7 low TOWN OF ORO VALLEY 1 11000 N. LA CANADA DRIVE 4 OP 411 ak. ORO VALLEY,ARIZONA 85737 A. Administrative Offices(520)229-4700 Fax(520)297-0428 www.ci.oro-valley.az.us SOU -D�g't NDE January 23, 2002 Honorable Mayor and Council Town of Oro Valley 11,000 N. La Canada Drive Oro Valley, AZ 85737 Dear Mayor and Council, A vibrant, growing community of excellence such as Oro Valley is often presented with windows of opportunity, that if enacted upon leave future generations the beneficiaries of present day visionary decisions by citizens and government officials such as you. We are presented with a prime moment of decision to enhance the lives of all our citizens for decades to come. Because of the success of the 1% Public Art Town Code and amendments, the creation of a Community Foundation can be a reality. The main purpose of this letter is to inform you that the Public Arts Endowment Advisory Committee has made every attempt to research the project, and complete a thorough due diligence investigation of the organizations making applications as Consultants. Throughout the process, David Andrews, Town Finance Director and Dan Dudley, Town Attorney were involved and their guidance has been professional and stimulating. On behalf of PAEAC, we heartily recommend your approval of the Letter of Engagement. Sincerely, 1-'(7-4""4'/71// // ' Richard H. Eggerding, Ch. Oro Valley Public Arts Endowment Advisory Committee Letter of Engagement Purpose: The purpose of this Letter of Engagement is to establish an agreement between the Town of Oro Valley and London Pacific Advisors, Inc. as consultants (Consultants) to the Town of Oro Valley (Town) and its Public Arts Endowment Advisory Committee. The Consultants will work with the Town for the establishment and operation of a fully functional, independent arts funding organization that will define standards and policies; then accept, invest, administer and award funds based on the current "1% for Public Art Program" and "Town of Oro Valley General Plan", as it may be amended regarding the "Cultural and Historic Resources Element". Scope of Project: This project involves a long-term commitment to: • Define the vision of the current Advisory Committee • Develop a formal strategic plan • Structure the appropriate legal process • Create an effective operating framework • Establish investment goals and policy • Create a prudent investment approach • Support the program's leadership • Administer the awards and meet reporting requirements • Oversee program operations and investments • Maintain program integrity Tasks: Consultants have held several meetings with Committee representatives and Town officials. As a result, the Consultants are recommending the development of a Supporting Organization (S/O) as the best approach to fulfill the vision and objectives of the Town. Under the terms of this Proposal, Consultants shall employ William C. McMorran and Brian M. Murphy to undertake, in coordination with Town representatives, the following tasks: 1. Establish an operating committee for oversight and coordination of Consultants. This may be the current Public Arts Endowment Advisory Committee as it is currently established. 2. Formalize the strategic vision and goals of the project, drafting a Mission Statement and determining the appropriate organizations to be named as the beneficiaries of the S/O or other entity determined to be most appropriate. C:\WINDOWS\Temporary Internet Files\OLK9264\Oro LPA Revised Contract.doc 1 3. Explore the applicability and requirements of the S/O in fulfilling this vision and mission. 4. If appropriate,begin the S/0 application process in coordination with legal counsel selected by the Town Attorney. 5. As the application goes forward, define the strategic goals and build a formal strategic plan. 6. From the strategic plan, create the necessary operational documents including investment and award policies. 7. Monitor the S/0 application process and facilitate with interim planning. 8. Invest current funds as appropriate for optimal preservation of capital. 9. Pending completion of the S/O or other selected process, including formal IRS designation as a charitable entity under either 501 (c) (3) or 509 (a) (3) status, begin implementation of the program. 10. Administer the operation of the program, including compliance, oversight of the award programs, cash management and investment operations. Report directly to the Board of the newly formed organization and provide continuing technical assistance to ensure the integrity of the vision in program operations. Timeframe: This formal engagement will take effect immediately upon execution of the document by the Town as provided by State law. It will be renewed automatically on the anniversary date for successive additional one-year periods unless either party notifies the other of cancellation at least sixty(60) days in advance of the renewal date. From and after the time that the S/0 is established and is operating as a fully functional, independent arts funding organization, the Town shall have no further liability. The Town shall encourage the S/O to assume the Town's obligations pursuant to this contract. Fees: The initial consulting fee will be $10,000, 25% of which will be payable immediately. The remainder of the fee will be remitted based on the billing by LPA for work performed and in the sole and absolute discretion of the Finance Director. Fees are due at the beginning of each quarter and paid directly to LPA. Employed Consultants will be responsible for all their expenses including travel related expenses. Legal fees and expenses, and other fees and expenses related to consulting services shall be the responsibility of the Town. The Town Attorney in his sole and absolute discretion C:\WINDOWS\Temporary Internet Files\OLK9264\Oro LPA Revised Contract.doc 2 may authorize such legal fees and expenses. Such fees and expenses shall not exceed $3,500, without the approval of the Town Manager, for services provided in the creation of the S/O and related legal work. Miscellaneous Provisions: A) Jurisdiction. The parties stipulate that this Letter of Engagement has been made and entered into, and shall be construed, enforced, and governed by the laws of the State of Arizona, and any action to enforce the same shall be brought only in courts in the State of Arizona. B) Headings. The titles or headings used in this Letter of Engagement are for general reference only and are not a part of the Letter of Engagement. C) Entire Letter. The terms set forth in this Letter of Engagement, and including any and all supplemental agreements issued after the execution of the Letter of Engagement, shall constitute the entire Letter of Engagement between the Town and Consultant. No other writings or works shall be held to alter or otherwise affect this Letter of Engagement unless subsequently agreed upon in writing between the Town and Consultant. The terms of this Letter of Engagement shall be interpreted in such a manner that all terms shall be given effect. D) Arbitration. The Parties agree that should a dispute arise between them, in any manner, and said dispute involves the sum of $30,000 or more in money damages only, exclusive of interest, cost or attorneys' fees, the parties will submit the matter to Binding Arbitration pursuant to the Arizona Supreme Court Rules for Compulsory Arbitration and the decision of the arbitrator(s) shall be final and binding upon the parties. E) Assignment. The parties stipulate and agree that this is a Letter of Engagement for services, and that as part of the consideration of this Letter of Engagement, the Town has taken into account the experience and expertise of the Consultant. Therefore, this Letter of Engagement is not assignable by the Consultant without prior written consent of the Town. However, nothing in this clause shall be deemed to prevent the Consultant from utilizing the services of in-house personnel in performing its duties under this Letter of Engagement. F) Severability. The provisions of this Letter of Engagement are not severable. G) Full Force. Any provision of this Letter of Engagement held to violate any law shall be deemed void, and all remaining provisions shall continue in full force and effect. C:\WINDOWS\Temporary Internet Files\OLK9264\Oro LPA Revised Contract.doc 3 H) Waiver. The failure of either Party of this Letter of Engagement to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Letter of Engagement shall not be construed as a waiver thereof, a future breach, or subsequent wrongful conduct. I) Conflict of Interest. Consultant stipulates that its officers and employees do not now have a conflict of interest and it further agrees for itself, its officers, and its employees that it will not contract for or accept employment for the performance of any work or services with any work or services with any individual business, corporation, or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Letter of Engagement. J) Cancellation. Pursuant to ARS § 38-511, as amended, the Town may cancel any contract it is a party to within three (3) years after its execution without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the Town is, at any time while the contract or any extension thereof is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party to the contract with respect to the subject matter of the contract. In the event the Town elects to exercise its rights, the Town agrees to immediately give notice thereof to Consultant. K) Force Majeure. Except for payment for sums due, neither party shall be liable to the other nor deemed in default under this Letter of Engagement if and to the extent that such party's performance of this Letter of Engagement is prevented by reason of force majeure. The term `force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of God: acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; floods; lockouts; injunctions-interventions-acts, or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with this Letter of Engagement. Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for damages or loss of C:\WINDOWS\Temporary Internet Files\OLK9264\Oro LPA Revised Contract.doc 4 anticipated profits if, and to the extent that such delay or failure is caused by force majeure. If either party is delayed at anytime in the progress of the work by force majeure, then the delayed party shall notify the other party in writing of such delay within forty-eight (48) hours commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be hand delivered or mailed certified-return receipt and shall make a specific reference to this article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing. The time of completion shall be extended by agreement modification for a period of time equal to the time that the results or effects of such delay prevent the delayed party from performing in accordance with this Letter of Engagement. Furthermore, any subsequent agreements made between the Town and the Consultants relating to Investment Management Consulting will be addressed under separate agreement in accordance with State and Federal regulations. C:\WINDOWS\Temporary Internet Files\OLK9264\Oro LPA Revised Contract.doc 5 IN WITNESS WHEREOF, this Letter of Engagement has been duly executed by the parties herein before named, on this day of , 2002. TOWN OF ORO VALLEY: By its: ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan Dudley, Town Attorney LONDON PACIFIC ADVISORS, INC.: Timothy L. Brown, COO STATE OF ARIZONA ) ) ss. County of Pima ) The foregoing instrument was acknowledged before me this day of , 2002, by as of London Pacific Advisors, Inc. My Commission Expires: Notary Public C:\WINDOWS\Temporary Internet Files\OLK9264\Oro LPA Revised Contracidoc 6 MINUTES OF THE ORO VALLEY TOWN COUNCIL STUDY SESSION AUGUST 20, 2001 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE STUDY SESSION CALL TO ORDER 7:02 p.m. ROLL CALL TOWN COUNCIL: PRESENT: Paul Loomis,Mayor Fran LaSala, Vice Mayor Dick Johnson, Council Member Werner Wolff, Council Member EXCUSED: Bart Rochman, Council Member 1. PUBLIC ARTS ENDOWMENT ADVISORY COMMITTEE STATUS REPORT Richard Eggerding, Public Arts Endowment Advisory Committee updated the Council on the status of the progress of the Endowment Study. Mr. Eggerding reviewed the background of the committee members and explained that these members represent 50 years of experience in working with Foundations. He explained the philosophy of where the Committee would like to go with forming a Foundation, and also to solicit the aide of Dan Dudley to help with legal research. He stated that four considerations needed to be addressed in the areas of cost effectiveness, IRS standards, administration and amendments to the Codes. Mr. Eggerding stated that in the last 5 months a lot of information on the subject of Foundations has been studied. He explained that what the Committee is considering is setting up a Foundation wherein Endowments would be set up to receive donations for different uses, such as aiding the police, senior citizens assistance, etc. Mr. Eggerding pointed out the importance of keeping the Foundation "at arms length" from the Town because of IRS implications and maintaining the right posture with the IRS or with a 501(C) 3. Mr. Eggerding explained that once the Committee has achieved a legal opinion that makes sense for their situation, they intend to hold a 1 day Retreat with the professional help of a facilitator who is experienced with "Foundations" to assist with drafting a "start-up"document. He pointed out that to date, 99% of their expenses have been "pro- bono." 08/20/01 Minutes,Town Council Study Session 2 stated that with all of the requests the Town receives for money Council Member Johnson for art and educational uses, having an "arms length"Foundation is the way to go and he p wholeheartedly endorses this concept. He stated what excites him is that we will now �n funds for arts, performing arts and diverse cultural activities. have the avenue for building , o e Dan Dudleyto see if it is possible to take /4 of the 1%required H e asked Town Attorney d of Community Found kind the from itanon project to some n for public art and convert gg Fund.He asked that his suggestion be studied and brought back to the Town Council. asked to see a "ballpark" figure of what the administrative Council Member Wolff P expenses would be. Council Member Wolff s request, Mr. Eggerding stated that to save In response to e would like don't want to set upan administrative staff right away. They expenses, they TaArizona Community affiliated with another 3 party administrator, such as the to become o Foundation, who would administer the foundation for 1% or less of the total amount. Council Member Johnson asked for a flowchart showing the basic concept,what is needed, including a timetable and what the projected costs would be. In response to a question by Mr. Eggerding,E erdin Mayor Loomis stated that he has not heard y any objections ections to the "shift"towards a Foundation. has been workingwith Mr. Dudley and clarified that it is Mr. Eggerding stated that he okay to continue doing so. Mayor Loomis replied yes and as time moves on and more legal expertise is required, Mr. Eggerdingwill continue to work through Mr. Dudley. distributed a handout to the Mayor and Council that includes a Mr. Eggerding di s . what has been generated by the Committee on this subject. bibliography of DISCUSSION REGARDING A DRAFT "NO-SMOKING" ORDINANCE reviewed his draft "No-Smoking" ordinance that regulates Civil Attorney Joe Andrews may areas and definespublic areas as those areas where the public smoking in all public on enclosed area. He explained that he conducted an analysis be exposed to smoke in an where non-charter cities and counties in determining the differences and charter cities, Oro Valley fits in. He explained that his draft ordinance is modeled after the Town of He explained that the Town of Gilbert only regulates smoking in Gilbert ordinance. p include "other stated that he has designed Oro Valley's ordinance to restaurants. He - a"hardship asked the Council if they wanted to include Bars or add public areas." He � allow businesses in" regulation? He explained that the "hardship phase-in" would phase P to apply within 90 days "no-smoking" to show the town that they cannot afford going to g immediately. ORDINANCE NO. (0)00- 20 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, RELATING TO AMENDMENTS TO THE ORO VALLEY TOWN CODE, CHAPTER 6, AMENDING ARTICLE 6-1, ESTABLISHING A PUBLIC ARTS ENDOWMENT FUND, DEFINING THE PURPOSE AND FUNCTION OF THE FUND, ESTABLISHING HOW THE FUND WILL BE MANAGED AND MAINTAINED, CREATING A PUBLIC ARTS ENDOWMENT ADVISORY COMMISSION TO REVIEW AND MONITOR PROJECTS FUNDED; ESTABLISHING THESE AMENDMENTS AS PART OF THE ORO VALLEY TOWN CODE, AND FIXING THE EFFECTIVE DATE THEREOF; PRESERVING RIGHTS AND DUTIES THAT HAVE ALREADY BEEN ASSURED AND PROCEEDING THAT HAVE ALREADY BEGUN THEREUNDER BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. Oro Valley Town Code, Chapter 6, Article 6-1, Section 6-1-6, is hereby amended to read: CHAPTER 6 BUILDING ARTICLE 6-1 BUILDING CODE Section 6-1-6 ESTABLISHMENT OF A PUBLIC ARTS ENDOWMENT FUND A. The Town Council shall create a Public Arts Endowment Fund. The purpose of this endowment is to create perpetual source of revenue to fund meaningful public arts in Oro Valley. Meaningful public arts would include arts education. arts performance areas. arts performance, art works and sculptures, and other arts deemed appropriate. Contributions to the fund will come from the following sources: (0)00-20 p.2 1. Contributions from developer projects as described in Chapter 4 Section 4- 504 F. (8) of the Oro Valley Zoning Code Revised. 2. Any other contribution or donation from a person, group. organization or business specifically earmarked for the Public Arts Endowment Fund. B. The Town shall select a fund administrator to manage the Public Arts Endowment Fund. 1. An Endowment Fund Agreement between the Town and the fund administrator shall be approved and shall define specific guidelines for the administration and expenditure of funds. 2. The balance of funds shall not be less than the total in-lieu-of contribution to date unless a major art project is approved by the Town Council. 3. Individual one-time expenditures shall not reduce Endowment principal by more than 25%, nor 25% of total to-date contributions, which ever is less. 4. Approved projects will not be initiated and contracts with artists will not be approved until 100% of the funds necessary to complete the project are in the Arts Endowment Fund. 5. Interest earnings from the Endowment Fund may be used to fund budgetary requests from the Greater Oro Valley Arts Council (GOVAC) and other Town Council approved Arts projects. C. A Public Arts Endowment Advisory Commission (PAEAC) shall be established by the Town Council and shall be comprised of one member from Town of Oro Valley staff. one member from GOVAC, one active artist, one arts fund administrator, and one Oro Valley citizen. 1. The PAEAC shall receive and review all project proposals which request funding from the Public Art Endowment Fund. 2. The PAEAC shall forward all recommended projects to the Town Council for final Funding approval. 3. The PAEAC shall develop criteria, policies and procedures for project submittal and approval. SECTION 2. All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the amendments to the Oro Valley Town Code adopted herein by reference are hereby repealed on the effective date of this ordinance. SECTION 3. Repeal of all ordinances and parts of ordinances in conflict with the provisions set forth herein or any part of the amendments to the Oro Valley Town Code adopted herein by reference does not affect rights and duties that have matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. (0)00-20 p.3 SECTION 4. If any section, subsection, sentence, clause, phrase or portion of the ordinance or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 7th day of June 2000. // Paul H. Loomis, Mayor ATTEST: Kat n C uve l ier, Town Clerk APPROVED AS TO FORM: 41Ib .fra) Dan L. Dudley, Town om- PUBLISH: Daily Terr' orial June 15, 6, 19, & 20, 2000 POSTED: June 13 - July 12, 2000 rg TOWN OF ORO VALLEY 6 COUNCIL COMMUNICATION MEETING DATE: January 23, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Terry Vosler, Building Safety Administrator SUBJECT: Ordinance No. (0) 02-05 , Amending Oro Valley Town Code Section 6-4-1, Plumbing Code, by adopting ting the State of Arizona Uniform Plumbing Code as mandated by Arizona Revised Statute §9-805(A). SUMMARY: 1 enforcingthe 2000 International Plumbing Code with local amendments. On April 18, The Town is currently 1997, the Legislature of the State of Arizona enacted an Act amending Arizona Revised Statutes (ARS) §§by9- 801 and 11 861, adding9-805 and 41-3007.01 relating to the State of Arizona Uniform Plumbing ARS §§ Code. This Act requires that all municipalities adopt the State's Plumbing Code by August 1, 1998. The State q p of Arizona Uniform PlumbingCode is now available to the public in its entirety and in a format that can be used This Code is over 7 years outdated and contains many provisions and standards and enforced by municipalities.that have not been updatedtoday's standards. Materials used in the plumbing industry change with current to technology on a regular basis as do the standards for materials. With the adoption of the State of Arizona TJni form Plumbing Code, municipalities will no longer be able to keep up with new technologies of the iumbing industry withoutgranting a variance on a project by project basis, if requested. The adoption of the State of Arizona Uniform PlumbingCode will create some problems in the construction of homes and buildings where it is the d esire of the contractors and owners to install plumbing systems that have been designed using the latest technologies, materials, water conservation benefits and plumbing methods. Instead of being able to have one complete set of Construction Codes to be used we will now be forced to use different codes that will not always be constant in requirements from one code to another. The most current 2000 edition of the International Plumbing Code presently in effect was adopted by the Town provide February of 2000 in orderto the citizens of the Town of Oro Valley with the most current plumbing code available. Traditionally, the Town, the City of Tucson, and Pima County have followed a three-year adoption procedure since 1976. FISCAL IMPACT: approving this ordinance will be an increase in the cost of plumbing installations within the The fiscal impact of app g Town. It is estimated that the increase in cost for an average home could be in the range of$300 to $400. There cost of approximately $600 to purchase the State of Arizona Uniform Plumbing Code will be an additionalpp y amendments for staff. There will also be some additional training cost to train staff and the public in the use and application of the Code. The additional training costs for staff would be approximately$2,000. RECOMMENDATION: Staff recommends that the Mayorand Council approve the adoption of the State of Arizona Uniform Plumbing pp Code as required by Arizona Revised Statute. TOWN OF ORO VALLEY IL UNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTION: I move to adopt Ordinance Na (0) 02-05 , the adoption of the State of Arizona Uniform Plumbing Code as required by state statute. ATTACHMENTS: Ordinance No. (0) 0 2-05 Exhibit A, State of Arizona Uniform Plumbing Code. - ----<P i ' / (,- Building�afety Administrator ir 4 / A' Co a nity Development Director AlI e / (4, Town Manager ORDINANCE NO. (0)02 -05 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING SECTION 6-4-1, PLUMBING CODE, OF THE ORO VALLEY TOWN CODE; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PROVIDING FOR FEES; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER AND PROVIDING FOR PENALTIES THEREOF. pursuant to Arizona Revised Statutes § 9-805(A), the Town shall not adopt a WHEREAS, plumbing code other than the State of Arizona Uniform Plumbing Code ("Code"); and WHEREAS, the State of Arizona has now published the Code in a form available to the Town of Oro Valley and it's residents therefore the Code is now in a form subject to adoption and enforcement; and WHEREAS, the Council has determined that it is in the best interest of the Town of Oro Valley to adopt the State of Arizona Uniform Plumbing Code as published, as the regulations for standard plumbing practices within the Town of Oro Valley for the health, safety, and general welfare of the residents of the Town, effective immediately; and REAS pursuant to the penaltyprovision as provided for in Section 205, "Violations," of WHEREAS, the 1997 Uniform Administrative Code as published by the International Conference of Building Officials, which states it is unlawful for a person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any structure or buildingservice equipment, or cause or permit the same to be done in building, violation of this code and the technical codes. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona, as follows: SECTION 1. That certain document known as Section 6-1-4(A), Plumbing Code, of the "Code of the Town of Oro Valley, Arizona," is hereby amended by striking that Section and inserting in lieu thereof the following: That certain document known as the "State of Arizona Uniform Plumbing Code," three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona, which document was made a public record by Resolution No. (R)01 -119 is hereby referred to, adopted, and made a part hereof as if fully set out in this ordinance. SECTION 2. Pursuant to ARS § 9-803, any penalty clause contained in a code or public record, adopted byreference, shall be set forth in full in the adopting ordinance as follows: p OVTC 6-4-1 Office ofthe Oro Valley Town Attomey/sib 11.15.01 1997 Uniform Administrative Code, Section 205, "Violations" It shall be unlawful for a person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building, structure or building service equipment, or cause or permit the same to be done in violation of this code and the technical codes. SECTION 3. The penalty for violations of any provisions set forth in the Oro Valley Town Code § 1-8-1 as follows: 1-8-1 Penalties A. Any person found guilty of violating any provision of this Code, except as otherwise provided, shall be guilty of a class one misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed two thousand five hundred dollars ($2500) or by imprisonment for a period not to exceed six (6) months, or by a period of probation not to exceed three (3) years, or by any combination thereof Each day that a violation continues shall be considered a separate offense. SECTION 4. Pursuant to ARS § 41-1346, the Town shall maintain efficient record management for local public records and it has been determined that this Ordinance is a public record and three copies of said Ordinance are to remain on file in the office of the Town Clerk. SECTION 5. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 23 rdlay of January , 2001. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney OVTC 6-4-1 Office ofthe Oro Valley Town Attorney/sib 11.15.01 ITEM 6 TOWN OF ORO VALLEY SUPPLEMENTAL MATERIALS SUPPLEMENTAL COUNCIL COMMUNICATION MEETING DATE: January 23, 2002 TO: HONORABLE MAYOR& COUNCIL JR 23' 2PN :52 TOV FROM: Terry Vosler, Building Safety Administrator SUBJECT: Ordinance (0) 02-05 , Amending Oro Valley Town Code Section 6-4-1, Plumbing No. byadopting the State of Arizona Uniform Plumbing Code as mandated byArizona Code, p ,�,ti �ts�� Revised Statute §9-805(A). Rti TOV SUMMARY: In December, the Arizona iz PlumbingCode Commission held a special meeting to vote on a proposal to replace in Arizona State PlumbingCode based on the 1994 Uniform Plumbing Code with the 2000 the existing International Plumbing Code and the 2000 International Fuel Gas Code. That vote passed. iscurrentlyenforcingthe 2000 International Plumbing Code and the 2000 International The Town of Oro Valley n a 17 2002 the League of Arizona Cities and Towns sent a letter(attached as Exhibit Fuel Gas Code. On Ja u ry gu A) to City and Town Managersnotifying them of the recent actions of the Arizona Plumbing and Attorneys y Code Commission. Igu n that letter, the Leave of Arizona Cities and Towns recommends that any cities and towns 1 the process of adopting the Arizona State Plumbing Code, put a hold on the process until the Governor's p g .egulator Review Committee (GRRC) has made a decision on the recent action of the Arizona State Plumbing Code Commission approving to replace lace the current Arizona State Plumbing Code (based on the 1994 Uniform p the 2000 International Plumbing Code) with Code and the 2000 International Fuel Gas Code. GRRC decision regarding this issue as earlyas February or it could be later this spring. If GGRC could make their final g g were to support the action of the Arizona State Plumbing Commission and the Town was to appove the adoption of the current Arizona State PlumbingCode tonight, the Town of Oro Valley would then need to adopt the new Arizona State Plumbing Code based on the 2000 International Plumbing Code and the 2000 International Fuel Gas Code afterGRRCs ' final action. This would cause a great deal of confusion with anyone installing plumbing within the Town and could create undue hardships on them. FISCAL IMPACT: There would be no fiscal impact on the Town by indefinitely continuing this item. RECOMMENDATION: Based on the recent action of the Arizona State Plumbing Commission and the attached recommendation of the i ies and Towns, staff recommends that the adoption of the Arizona State Plumbing Code be League of Arizona C t continued indefinitely. SUGGESTED MOTION: continue indefinitelythe adoption of Ordinance No. (0) 01- , the adoption of I make a motion to p the State of Arizona Uniform Plumbing Code. TOWN OF ORO VALLEY ( {JUNCIL COMMUNICATION Page 2 of 2 ATTACHMENTS: Exhibit A, Letter Dated January 17, 2002 from Matt Lore, Conference and Training Coordinator, League of Arizona Cities and Towns. i) 4 / Buildin afety Administrator 1 crvv_16 -� V�'e-141, (_l Co� unity Development Director .d ALL.. J. Ar .1 I I.5 Town Maria!-r League of Arizona /litill6111011." 1820 W.Washington•Phoenix,AZ 85007•Phone:(602)258-5786•Fax:(602)253-3874 ,,1 t i e J AN D Tow n s Email:league@mg.state.az.us•Web site:www.azleague.org January 17, 2002 TO: City and Town Managers and Attorneys FROM: Matt Lore, Conference and Training Coordinator SUBJECT: PLUMBING CODE COMMISSION In December, the Arizona Plumbing Code Commission held a special meeting to hear a proposal from the Southern Arizona Home Builders Association to replace the Arizona State Plumbing Code, based on the 1994 Uniform Plumbing Code (UPC), with the 2000 International Plumbing Code and 2000 International Fuel and Gas Code. The proposal passed by a vote of 8 to 7. As a result of the meeting, the proposal will now be sent to the Governor's Regulatory Review Council (GRRC) for their review process. If your city or town is currently in the process of adopting the Arizona State Plumbing Code, we recommend that you put the adoption process on hold until GRRC has made its decision. This could be as early as February or it could be later in the spring. We will continue to keep you informed as the process moves ahead. If you have any questions, please feel free to contact me at (602) 258-5786.