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HomeMy WebLinkAboutPackets - Council Packets (1341) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION APRIL 03, 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 1. Pursuant to ARS 38-431.03(A)(3) and (A)(4) discussion and/or consultation with the Town Attorney for Legal Advice and/or consultation with the Town Attorney regarding pending litigation relating to Wong Family, L.L.C. v. Town of Oro Valley, Pima County Cause No. 20005064 and Wong Family, L.L.C. v. Town of Oro Valley, Pima County Cause No. 20013660 2. Pursuant to ARS 38-431.03(A)(3) and (A)(4) discussion or consultation with the Town Attorney for Legal Advice and/or consultation with the Town Attorney regarding pending or contemplated litigation relating to Citizens for Open Government v. Town of Oro Valley, U.S, District Court Cause No. CIV 01-393 TUC-FRZ and related signage issues 3. Pursuant to ARS 38-431.03(A)(3) discussion and/or consultation with the Town Attorney for Legal Advice related to: a) The Rancho Vistoso Neighborhood 12 rezoning by the Pima County Board of Supervisors (Co9-01-42 Stone Canyon, L.L.C. — Rancho Vistoso Blvd. rezoning); b) The Town of Oro Valley Proposition 401 referendum; c) Rancho Vistoso Neighborhood 11 PAD; and d) related matters RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING g 04/03/02 Agenda, Council Regular Session 2 CALL TO AUDIENCE — At this time, any member of the public is allowed to y address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members mayask the Town Manager to review the matter, ask that the matter placed on a future agenda, or respond to comments made by speakers. be g However, the Mayor and Council may not take legal action on matters raised y during "Call to Audience." Anyitems must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience", please specify whatY ou wish to discuss when completing the blue speaker card. 1 . CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 3-8-02; 3-20-02 B. Resolution No. (R)02-25 Acceptance of a portion of Vistoso Commerce Loop for maintenance as a public street C. Resolution No. (R) 02-26 Authorizing and Approving a Contract with Westland Resources, Inc. for professional engineering design for High Mesa "E" Zone Reservoir Expansion D. Resolution No. (R)02-27 Project No. OV 30-00/01 20 Approval of an Intergovernmental Agreement with Arizona Department of Transportation, Intermodal Transportation Division for Design Funds for Calle Concordia Safety Improvements; Oracle Road to Calle Loma Linda E. Resolution No.(R)02-28 Approval of Intergovernmental Agreement among the Town of Oro Valley, City of Tucson (Tucson-Pima Public Library) and Pima County Free Library District for the Operation and Maintenance of the Oro Valley Public Library F. Resolution No. (R)02-29 Award of Contract for Project No. OV30 99/00-07 to Falcone Brothers, Inc. for the installation of 2 Box Culverts on Pecan Place and the relocation of a 12-inch Water Main G. OV5-02-01 Public Art proposal for the Albertsons Store; Located on the northeast corner of First Avenue and Oracle Road, Parcel #2200902060 H. Acceptance of the Oro Valley Water Utility Commission 2002 Annual Report 2. DRAWING FOR THE FRIENDS OF THE ORO VALLEY PUBLIC LIBRARY'S RAFFLE 3. PUBLIC HEARING - APPLICATION FOR A PERSON TRANSFER, SERIES 07 LIQUOR LICENSE FOR PEPPERMILL CAFE LOCATED AT 1171 E. RANCHO VISTOSO BOULEVARD #159 4. PUBLIC HEARING — ORDINANCE NO. (0)02-10 AMENDING POLICY NO. 10, ATTENDANCE AND LEAVES, OF THE TOWN OF ORO VALLEY PERSONNEL POLICIES AND PROCEDURES CODE g 04/03/02 Agenda, Council Regular Session 3 5. PUBLIC HEARING — ORDINANCE NO. (0)02-11 0V8-01-02, PWP LAMBERT LLC, REPRESENTING THE PROPERTY OWNER, REQUESTS APPROVAL OF A CONDITIONAL USE PERMIT FOR AN UNDERBUILD PRIMARY RISER POLE TO SERVE THE OSCO DRUG SITE; LOCATED ON THE SOUTHEAST CORNER OF LA CANADA AND LAMBERT LANE, PARCEL #222425025D 6. DISCUSSION, CONSIDERATION AND POSSIBLE ACTION REGARDING SETTLEMENT OF PENDING LITIGATION IN WONG FAMILY, L.L.C. V. TOWN OF ORO VALLEY, PIMA COUNTY CAUSE NO. 20005064 AND WONG FAMILY, L.L.C. V. TOWN OF ORO VALLEY, PIMA COUNTY CAUSE NO. 20013660 TOWN MANAGER'S REPORT CALL TO AUDIENCE —At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask the Town Manager to review the matter, ask that the matter bep laced on a future agenda, or respond to comments made by speakers. However, the Mayor and Council may not take legal 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 p what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 03/27/02 4:30 p.m. Ih Ap acket of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, at 229-4700. 04/03/02 Agenda, Regular Re ular Session 4 INSTRUCTIONS TO SPEAKERS Members of the publicright have the ri ht to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action bythe Town Council during the course of their g business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item numbertopicyou and 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. forward to the podium when the Mayor announces the item(s) on the Please step agenda which you are interested in addressing. 1. Please state your name and address for the record. Speak onlyon the issue currently being discussed by Council. Please 2. p 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. Anymember of the public speaking must speak in a courteous and 5. respectful manner to those present. Thank you for your cooperation. A DRJF1 MINUTES ORO VALLEY TOWN COUNCIL SPECIAL SESSION/EXECUTIVE SESSION MARCH 8, 2002 ORO VALLEY TOWN HALL COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE SPECIAL SESSION - AT OR AFTER 5:00 PM CALL TO ORDER: 5:05 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Fran LaSala, Council Member Bart Rochman, Council Member Werner Wolff, Council Member EXECUTIVE SESSION - AT OR AFTER 5:00 PM CALL TO ORDER: 5:06 p.m. MOTION was made at 5:06 p.m.by Vice Mayor Johnson and SECONDED by Council A Member Rochman to go into an Executive Session pursuant to ARS 38-431.03(A)(03) discussion and/or consultation with the Town Attorney for Legal Advice related to: a) The Rancho Vistoso Neighborhood 12 pending rezoning before the Pima County Board of (C09-01-42 sors iSu eryStone Canyon, L.L.C. —Rancho Vistoso Blvd. rezoning) %v. p currently scheduled for March 12, 2002; b) The Town of Oro Valley Proposition 401 referendum on the annexation of Rancho Vistoso Neighborhood 12 (Election of March 12, 2002) and c) related matters. MOTION carried 5 —0. A MOTION was made by Vice Mayor Johnson and SECONDED by Council Member LaSala tog o out of Executive Session at 5:58 p.m. MOTION carried 5 —0. RESUME SPECIAL SESSION AT OR AFTER 5:00 PM CALL TO ORDER: 5:58 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Fran LaSala, Council Member Bart Rochman, Council Member Werner Wolff, Council Member DISCUSSION AND/OR POSSIBLE ACTION RELATED TO: A)RANCHO VISTOSO NEIGHBORHOOD 12 PENDING REZONING BEFORE THE PIMA COUNTY BOARD OF SUPERVISORS (C09-01-42 STONE CANYON, L.L.C. RANCHO VISTOSO BLVD. REZONING) CURRENTLY SCHEDULED FOR MARCH 12, 2002; B) THE TOWN OF ORO VALLEY PROPOSITION 401 REFERENDUM ON THE ANNEXATION OF RANCHO VISTOSO 03/08/02 Minutes,Council Special/Executive Session 2 NEIGHBORHOOD 12 (ELECTION OF MARCH 12, 2002), AND C) RELATED MATTERS Sweet showed the Rancho Vistoso Planned Area Development Town Manager Chuck reviewed the information obtained from Pima County Administrator Chuck Map and Huckey lberr . He stated that the rezoning of Rancho Vistoso Neighborhood 12 is scheduled to go o before the Pima CountyBoard of Supervisors on March 12, 2002, which is the same day as the Town's primary election. Mr. Sweet reviewed his discussion with Mr. Huckelberry regarding property that will be considered at the Board of Supervisors meeting on March 12th: • 65 acrep arcel northeast corner of R.V.,Neighborhood 11 (upper reaches of Honey Bee Canyon heading north). • Approximately 130 acres currently owned by ITC, northern end of Neighborhood Y 12 (not part of the annexation referred to the voters). • Mr. Huckelberry has asked that those 2 parcels be added to the Tortolita Mountain Park. • Mr. Huckelberry, in a subsequent telephone conversation stated that the 65 acres could be transferred to Oro Valley at some point. However, the 130 acres would become part of the Tortolita Mountain Park. • Banks of the Honey Bee Canyon stream bed. (Stream bed has been dedicated to Oro Valley for a number of years). • The actual sides of the Canyon have been retained by Vistoso Master Association. (No indication from Mr. Huckelberry if this would be discussed at the Board of Supervisor's meeting scheduled for March 12, 2002). • Western side of Honey Bee Canyon is part of the Honey Bee Canyon Estates Homeowner's Assocation. (Is not on the list for discussion). • Heading south, the 60 acre Honey Bee Park is on the list of conditions to be considered as part of the rezoning action by the Board of Supervisors. • 150 acres in Neighborhood 4, which is in the floodplain/flood buffer area. (Oro Valley's understanding is that area would be re-vegetated and be part of the commercial corner of Neighborhood 4). • Concept regarding the dedication of a trail alignment between the 150 acres in g g Honey Bee Park. (Not sure if includes trail easement or dedication of floodplain). • Oro Valley requesting that a Biological Reserve Connectivity System be provided to connect Catalina State Park and Tortolita Mountain Park. This wouldp rovide an opportunity for wildlife to travel between those 2 major riparian areas. • Possible joint dedication to both Oro Valley and Pima County. • Developing a Cooperative Management Plan with Pima County and Oro Valley. p g (The Town currently has a Honey Bee Canyon Management Plan that has been in existence for some time). Discussion followed among the Council and staff regarding: 1 03/08/02 Minutes,Council Special/Executive Session 3 • HoneyBee Park would go to Pima County by transfer of title to Pima County or Pima County Flood Control, with a conservation easement overlay. • The landowner(Pima County or possibly the underlying owner, Stone Canyon or Vistoso Partners) would be responsible for any liability issues if someone were to be injured while hiking in the wash area. • If the Board of Supervisors were to take no action on 3/12/02 and Proposition 401 is approved bythe voters, that property would be translated into the Town at pp the existing zoning, 1 house per 4 acres. • The Town of Oro Valley is not a party to the agreement of the Homeowner's Association in Rancho Vistoso or the Master Association. Therefore, the Town as a whole is not involved. • There are no options available to the Town Council to effectively postpone the action of the Board of Supervisors on Tuesday,March 12, 2002. • If the Board were to take action that would become immediately effective next Tuesday, then the Council would be able to take action. However, since there is no emergency clause,there is nothing the Town Council can do. • HoneyBee Park was developed by the developer without any cost to the HOA. • Reviewed the location of the property that is subject to Proposition 401. (360 acres contained in the Annexation Ordinance passed by Mayor and Council). (The lower 2/3rds of Neighborhood 12). • The issue isp reservation of lands and riparian areas that Oro Valley fully intended to preserve in the first place. • The County Board of Supervisors will take action on Tuesday, and Oro Valley voters will take action on Tuesday. Election results should be available Thursday or Friday. Whatever the results are of those 2 actions will determine what happens in the future. • It would bep remature for the Mayor and Council to take any action at this point. • If the County were to adopt their ordinance with an emergency clause, an objection could be filed by a resident of Pima County. • If the referendum vote approves the annexation, then when the property comes into the Town, it would come in with one set of zoning entitlements. • If the referendum vote does not pass, the property would come in with the set of zoning entitlements that Pima County had adopted, including conditions applied by the Pima County Board of Supervisors. • If noermit had been issued, no expenditure of funds made, then in the Town p Attorney's opinion, those rights would not vest and Oro Valley would have authority to regulate that. 03/08/02 Minutes,Council Special/Executive Session 4 ADJOURNMENT A MOTION was madeVice byMayor Johnson and SECONDED by Council Member y LaSala to adjournSpecial the S ecial Session at 6:30 p.m. MOTION carried 4— 1, with Mayor Loomis opposed. Respectfully submitted, *C. CGLa,J4-t:(— Kathryn E. Cuvelier, CMC Town Clerk T a MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION MARCH 20, 2002 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER 6:00 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Fran LaSala, Council Member Bart Rochman, Council Member Werner Wolff, Council Member EXECUTIVE SESSION AT OR AFTER 6:00 PM MOTION: A MOTION was made byCouncil Member Rochman and SECONDED by . Member Wolff to go into Executive Session at 6:02 p.m. for the following Council purpose: os e theTown lh nu ltat 10 n with_ and/or co s discussion 0 �` 1. Pursuant to ARS 3 8 43 ��� ::. Legal Ad .ice:;rtdt : a) The Rancho Vistoso Neighborhood 12 Attorney for 9-01-42 Stone Canyon, the Pima C u lt Board of Supervisors (Co y , rezoning by y p Valley w no f0 Oro Va e : . . rezoning); The e To L.L.C. RanchoVistoso ld g), b) y Proposition 401referendum; c) Rancho Vistoso Neighborhood 11 PAD; and d) p related matters. Pursuant to ARS 3 8 31.03 A 3 and/or A 4 discussion and/or consultation for 2. ( ) ( ) legal advice with the Town Attorney relating to Tortolita v. the Town of Oro Valley, Case No. C-328365 (Annexation Case); City of Tucson, Town of Oro Valley v. Pima County, Town of Tortolita, and Casas Adobes, Case No. C- 320926 (Incorporation Case); Aspen Green,Neale Allen, Jon Michael, Dorita Brady, Wallace L. Craig, Judy Lester v. City of Tucson, Town of Marana and Town of Oro Valley, Case No. CIV 98-456 TUC-RCC. Mayor Loomis announced that in addition to the Town Council, the Town Manager, the Town Attorney and the Town Clerk, Community Development Director Brent Sinclair and Planning and Zoning Director Bryant Nodine would be present in Executive Session for Items #1 and#2 and Chief Danny Sharp and Town Engineer Bill Jansen would be present for Item#2. Motion carried, 5—0. 03/20/02 Minutes,Council Regular Session 2 MOTION: A MOTION was made by Vice Mayor Johnson and SECONDED ED by Council Member LaSala to go out of Executive Session at 6:55 .m. Motion 5 p tion carried, —0. RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:00 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Fran LaSala, Council Member Bart Rochman, Council Member Werner Wolff, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed theupcoming meetings. Town w n Engineer in e er Bill Jansen sen introduced tro d u employee, Doug Jones, Civil Engineer III, who will be the Operations p Managerfor Public Works. CALL TO AUDIENCE—No speakers. 1 CONSENT N S E N T AGENDA Mayor Loomis pulled Consent Aenda Items E and I for discussion. ussion. A. Minutes—02-25-02; 03-06-02 B. Building Safety Activity Report—February 2002 C. Coyote Run Monthly Report—February 2002 D. Economic Development Activity Report—February 2002 E. Finance Report—January 2002 (PULLED FOR DISCUSSION) F. Police Report—February 2002 G. Public Information Report—February 2002 H. Resolution No. (R)02-22 Adopting the Town of Oro Valley Drug-Free -Free Workplace Federal Transit Administration(FTA) Drug/Alcohol Policy I. OV12-01- 07 Pusch Ridge Vistas Final Plat for 31 Single-Family Lots, (Located on the south side of Naranja Drive, West of Water Plant 18, Parcels 22428001J and 22428001P) (PULLED FOR DISCUSSION) J. Resolution No. (R)02-23 Project No. OV30 01/02-17 Award of contract to Falcone Brothers and Associates, Inc. for construction of a securedg arkin lot p for the Oro Valley Police Department • 03/20/02 Minutes,Council Regular Session 3 K. Approval of uest to sponsor a Town Hall meeting with District 12 State req Legislators in the Town Council Chambers, 11,000 N. La Canada Drive, on Thursday, April 11, 2002 from 7:00 p.m. to 8:30 p.m. L. Appointment of Melanie Larson as the Chamber of Commerce representative and Andrew Shedlock as the CDO High School representative to the General Plan Update 2020 Steering Committee E. FINANCE REPORT—JANUARY 2002 In a response to question from Council Member LaSala, Finance Director David p Andrews explained that after the tragic events of September 11, 2001, sales tax revenues p and retail lodging were down and an $885,000 revenue shortfall was projected. He g g explained that there has since been a recovery and as of the January 31, 2002 Finance p 1 o ex lained that Report, staff was looking at a 1 — 1 /2 /o deficit. Mr. Andrews further p p things have continued to pick up and the Finance staff feels that the Town will "break even" for this fiscal year. Council Member LaSala congratulated staff on their efforts in keeping the budget in line. MOTION.• Council Member LaSala MOVED t I APPROVE the Finance Report for the month ending January31, 2002. Council Member Wolff SECONDED the motion. Mo carried, 5 —0. Motion a c to I. OV12-01-07 Pusch Ridgea t as Final Plat for 31 Sin le-Famil Lots, (Located d on the south side of Naranja Dive of: Water Plant 18, Parcels 22428001J an 22428001P At the request of Mayor eLooDevelopment Director Brent Sinclair p reviewed an additional conditionmi � Community Devethat staff recommended be added to Exhibit"A" of the Council Communication that would clarify the measurement for building heights for builders and staff permit reviewers. MOTION: Vice Mayor Johnson MOVED to APPROVE OV 12-01-07, Pusch Ridge Vistas Final Plat subject to the conditions in Exhibit"A" as amended. A) (*As amended) 1. Per the Town of Oro Valley Zoning Code Revised Section 4-405.A.6, the final drainage report incorporating any changes/addenda will be required prior to the issuance of any grading permit. 2. An addendum to the geotechnical report shall be provided to assess conditions exposed during any earthwork. 3. All drainage improvements shall be provided pursuant to the"Second Amendment to the Drainage Improvement Agreement Melcor/The Highlands Inc", or as amended. *4. A General Note shall be added to the Final Plat stating that: "Lots 1, 2, 4, 5, 7, 8, 11, 12, and 15, through 18, 20, 21, 25, 26, 27, and 29 shall require a calculation for 03/20/02 Minutes,Council Regular Session 4 • maximum building height per Pima County ZoningCode Illustration 18.81-1 in cases where fill has been placed directly under the buildingfootprint only. Fill shall p y a 1 be defined as material necessary to construct the building pad to the elevations on the approved grading plan above existing pre-developed ground elevations. If the building footprint lies entirely within a cut, no calculation is required and the maximum buildingheight height shall be as indicated in the Preliminary Plat. Council Member Rochman SECONDED the motion. Motion carried, 5 —0. 2. PRESENTATION OF CERTIFICATES TO THE 2002 GRADUATES OF THE SIXTH ANNUAL ORO VALLEY CITIZEN PLANNING INSTITUTE Mayor Loomis and Community Development Director Brent Sinclairp resented Certificates to the 2002 Graduates of the sixth annual Oro Valley Citizen Planning Institute(CPI.) Citizens receiving certificates were: Carol Acheson, Paul Begtzos, Kenn Block, Michael Carroll, Laura Clark, Helen Dankwerth, Jacqueline Devery,q rye Feinberg, Dick Honn, Tom Keiran, Donald Manross, Joanne Miller, JerryMohling,g, Peterson, Theodore Reynolds, Pam Sabato, Veronica Sabato, Donna Shaw, Sandi Siegal, Jennifer Sterba, Bob Svejcara, Michael Vakers, Chester Ware, and Erik Williams. 3. RESOLUTION NO. (R)02-24 DECLARING AND ADOPTING THE RESULTS S OF THE E BALLOT L L OT MAIL PRIMARY ELECTION HELD ON MARCH R CH 12, 2002 2 Town Clerk Kathryn Cuvelierreviewed::the Council Communication and reported that Resolution No. (R)02-24 declares and adopts the results of the Ballot by Mail Primary YElection held on March 12, 2002. She reported that Paul Loomis was p reelected as Mayor with 54.51% of the vote and will serve an additional fourear term commencing mencing June 5, 2002 through May 2006` 'Ms.: Cuvelier explained that no candidate for council member received a majority of the vote, therefore, Paula Abbott who received 39.42% eived of the vote and Lyra Done who received 25.97% of the vote, will have their names placed on the . � 21st General Election ballot. The General Election will be held on Mayand will also be a . Ballot by Mail Election. Ms. Cuvelier also reported that Proposition 400 Alternative Expenditure Limitation (Home Rule Option) and Proposition 401 Referendum on Annexation Ordinance No. (0)01-09 were both approved by the voters. MOTION: Council Member Rochman MOVED to APPROVE Resolution No. (R)02-24. Council Member Wolff SECONDED the motion. Motion carried, 5 -0. 4. ANNEXATION PUBLIC HEARING—IN ACCORDANCE WITH ARS 9- 471(A)—REGARDING APPROXIMATELY 654.7 ACRES OF UNINCORPORATED TERRITORY LOCATED DIRECTLY SOUTH OF THE TOWN BOUNDARIES; BORDERED GENERALLY BY THE EXISTING TOWN LIMITS ON THE NORTH, NORTHERN AVENUE ON THE WEST, NORTH FIRST AVENUE ALIGNMENT ON THE EAST, AND SUFFOLK HILLS DRIVE ON THE SOUTH • 03/20/02 Minutes,Council Regular Session 5 Chuck Sweet explained that on December 19, 2001, the Town Council Town Managerp initiate the annexation process for approximately 654.7 acres of unincorporated voted to located directlysouth of the Town boundaries and bordered generally by the territory . existingTown limits on the North,Northern Avenue on the West, North First Avenue Alignment on the east and Suffolk Hills Drive on the South. He reviewed an overhead map depicting de ictin the area and its relationship to the Town's current boundaries. Mr. Sweet reported that on February5, 2002, the Planning and Zoning Commission recommended proceeding with the annexation request. Mr. Sweet then reviewed the annexation process and explained that the annexation process is driven by the signatures of property owners. He reported that for an annexation to be successful, the signatures must carry at least 51% of the number of property owners in the annexation area andp 5 1% of the assessed value of the annexation p Y area. Mr. Sweet reported that the assessed value of the annexation area was $62,239,776. Mr. Sweet further explained that the Town of Oro Valley has no town property taxes. Monies to run the Town come mainlyfrom the 2% sales tax charged on retails sales, motel and resort rentals, and State shared revenues (share of State income tax, State Sales tax, gas taxes, etc.) Mayor Loomis opened the public hearing. The following people expressed concerns,: dqestlons or comments regarding d in g the X t 10 n. nn ea ro ose d a proposed Robert Sleight, 655 E. Rancho Catalina Barry Slegi ht, 655 E. Rancho Catalina Bran Fernandez, 540 E Rancho Catalina Carla Baker, 8100 N. Mountainside Avenue Angela Rohne, 600 E. Rancho Catalina Mat Perkins, 121 E. Mountain Morning Dr. Cindy McMannon, 130 E. Chelsea Ct. C. J. Jones, 130 E. Chelsea Ct. Lorna Kraemer, 7615 N. Andover Keith Vaughn, 635 E. Rancho Catalina Phillip Richardson, 535 E. Suffolk Dr. Reg Armstrong, 314 Cambridge Dr. Katie Harris, 11031 E. Trailhead Rd. Dan Maghran, 58 W. Suffolk Dr. Jennifer Dunlavy, 150 E. Mountain Vista Stuart Wilson, 325 E. Four Horses Circle Harold Adair, 8090 N. Northern Some of their questions, comments and concerns were regarding: 03/20/02 Minutes,Council Regular Session 6 ➢ Traffic safety concerns regarding left turn onto Oracle Road from the Rancho Catalina subdivision. Some asked for documentation from Town staff that would support a proposed resolution to the problem. ➢ Expressed concerns about assessed value of ro ert and increases in property taxes. p p y ➢ Other roadway and sidewalk improvements? ➢ Community amenities, police protection and theossibilit of police y a p ce substation near the Oracle/Magee intersection? ➢ Maintaining Pima County Zoning for horsero ert . p p Y ➢ How much extra sales tax revenue would the Town of Oro Valleyrealize from the annexation and how much would be reinvested in the annexation area? ➢ What benefits or advantages are there to livin in Oro Valley g fire services)? ➢ Would water rates increase? ➢ Possible sound wall along Oracle Road? ➢ Some residents happy with current situation, anddon't feel advantages outweigh g the disadvantages and don't want to beannexe1. ➢ If it isn't broke, don't fix it. Don't need another level ofovernm g ent. ➢ Concerns with paying for ➢ infrastructu,Are building permits more expensive, ' Are building codes more restrictive? ➢ Is there a rental tax for commercial tenants'? Advantages for commercial properties'? 0p e rtl e s. • Who provides 1 de s fi r eservice?,;;;;;.. .. • Is Oro Valley trying n area rY g to ? gain access to Ina Road out to Skyline Road'? there been fHasn't tries..in ...:: : ; e past to annex this area? ➢ Water meter charges higher'? Town staff and the Council responded touestions and concerns ' q o cerns that were raised during the public hearing. Explanation. included: ➢ Oracle Road under the urisdiction of ArizonaTransportation Department of Transportation (ADOT) but the Town has explored ways to route traffic down to Magee Road. ➢ Sales tax revenues from the area have bgeen estimated at $777,000annually. annuall . ➢ Expenses for increase in the Police Department services for the area would be $534,000. There would be $1.4 million total revenues with $819,000 in expenditures leaving a net fiscal impact of$645,000 which could be used for road improvements, etc. ➢ Translational zoning from Pima County to closest Oro Valley zoning would include horse property rights. ➢ Services that would be provided include but are not limited to: Police Dep Department services (6 new officers with cars or motorcycles would be added to force possible police substation/service center at Oracle/Magee area,) Magistrate istrate Court services, Public Works (road improvements,) Coyote Run(Public Transportation for Para-transit services,)plannipng and zoning enforcement. ➢ Water providers would remain the same unless there were willingsellers and buyers. The annexation area is just on the"fringe"of CitY of Tucson water and • 03/20/02 Minutes,Council Regular Session 7 Town of Oro Valleywater so level of service and fire flows may not currently be up to standard. ➢ Oro Valley water rates are similar to Tucson water,but it depends on how much water is actually used. ➢ The Oro Valley Town Council acts as the Board of Directors of the Water an p Y Com . If area was annexed in, the residents would have the opportunity to elect their members. ➢ Significant retail sales will be forthcoming into Town of Oro Valley. ➢ Any increase in property taxes would have to be approved by the voters. ➢ Town has built up a significant contingency fund. ➢ Town can accept maintenance of private streets under certain conditions and procedures that apply. ➢ Annual assessment made on roadway improvements, infrastructure, etc. Funds are budgeted to areas that need most attention first. ➢ Once the annexation ordinance becomes effective, level of police protection and services would be the same as they are in the current Town boundaries. ➢ Commercial lease taxes were dropped in 19 Service in the proposed annexation area would remain the same as provided ➢ Fire p p by Rural Metro Fire. ➢ Permit fees for residential constructionin Oro: Valley are less than the City of Tucson's and the Town of Maraxa's. The International Building Codes are used are based on value County. Permit fees in Oro Valleyas theyare throughoutae � :: sed since the early1990's. New areas may of construction and have not:,.been�r . have impact fees,but since the proposed annexation area is already established, they Y ou w 1 d not apply. 11. ➢ Oro Valley's Developmentl Standards are different than the County's (Sign Code, ) Architectural Codes. This is::the reason Oro Valley looks as it does. ... ➢ Two tries at annexation have occurred in thepast. Those two failed due to the fact that the commercialarea did not sign petitions. Attempt to get to Ina and Y Sk line Road area is unfounded. Annexation policy is used when the Town looks at future annexation. ➢ Water meter fees are"true" cost of buying and installing the meters. Impact fees may be associated in new areas to cover infrastructure needs. ➢ Work with the State and Federal agencies to get fair share of state shared revenues. Must be in incorporated area to get these monies. ➢ Town works with neighbors for a"win/win" solution to problems. ➢ Ready access to Town Council. Council meetings held in the evening so residents can more easily attend. ➢ Annexation would benefit the Town and the residents in the proposed annexation area. Citizens have a choice through the annexation process to decide whether they want to be in Oro Valley or remain in the unincorporated area of the county. ➢ Counties are set up to provide rural type services, whereas a city or a town is set up to provide urban services. Laws for these services are established by the state or the town. Mayor Loomis closed the public hearing. 03/20/02 Minutes,Council Regular Session 8 Mr. Sweet explained that petitions can be circulated be.ginning on4th g g April and there is one year allowed by law to gather sufficient signatures. He further explained ' pained that if a sufficient number of signatures were obtained, the annexation would come back to Council in the form of an Ordinance approvingthe annexation. The e annexation ordinance would become effective on the 31st dayafter Council approval ' pp oval at which time the Town would begin supplying all communityservices. Mayor Loomis recessed the meeting at 8:45 p.m. The meeting resumed at 9• OS p.m. 5. PUBLIC HEARING- ORDINANCE NO. (0)02-06 RELATING TO MAINTENANCE OF TRAFFIC CONTROL DEVICES BY THE TOWN ENGINEER; AMENDING ORO VALLEY TOWN CODE ARTICLE - 113 "TRAFFIC CONTROL"; REPEALING ALL RESOLUTIONS ORDINANCES RDINANCES AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH Town Engineer Bill Jansen explained that if approved, Ordinance No. (0)02-06 would designate the Town Engineer to place and maintaintine traffic control devices with the concurrence of the Chief of Police. Such devices shall beplaced in accordance ' . . with the most recently adopted edition of the manual"on Uniform Traffic Control Devices, sound engineering practices and Arizona State;.Law. Mayor Yor Loomis om 1 s opened e d the public 1 chearing. There ing no speakers, theublic hearing p was closed. MOTION:O N. Council Member oc �VED to "Traffic Valley Town Code relating Ordinance No. (0)02- 06, amending Article 11-, " Control"of the Oro ' ng to maintenance of trafficcontrol devices. Council Member Wolff SECONDED the motion. Motion carried 5 —0 6. PUBLIC HEARINGORDINANCE N07(0)02- 07 RELATING TO THE OMNIBUS CRIMINAL CODE REVISION WHICH COMPLIES WITH A NUMBER OF REGULATIONS FOR VARIOUS CRIMINAL VIOLATIONS NOT ALREADY INCLUDED IN THE ORO VALLEY TOWN CODE; SPECIFYING ENFORCEMENT MECHANISMS OF SUCH VARIOUS OFFENSES; AUTHORIZING ADDITIONAL SECTIONS TO THE ORO VALLEY TOWN CODE CHAPTER 10, "OFFENSES," BY REFERENCE; AND PROVIDING FOR PENALTIES THEREOF; REPEALING ALL RESOLUTIONS ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH Town Attorney Dan Dudley explained that the Omnibus Criminal Code addresses various situations for which no ordinance currently exists in.the Oro ValleyTown Code to prohibit activities believed undesirable. By amendingChapter 10 Offenses of.the p Oro Valley Town Code, the Town will be able to regulate and/orprohibit the activities these circumstances. sin 03/20/02 Minutes,Council Regular Session 9 Mayoropenedpublic Loomis the hearing. There being no speakers,the public hearing was closed. MOTION: Council Member Wolff MOVED to APPROVE Ordinance No. (0)02-07, which amends the Oro Valley Town Code Chapter 10, "Offenses,"referencing the proposed Omnibus Criminal Code revision. Vice Mayor Johnson SECONDED the motion. Motion carried, 5 —0. 7. PUBLIC HEARING—ORDINANCE NO. (0)02-08 OV7-00-02 AMENDING CHAPTER 11 OFF-STREET PARKING AND OFF-STREET LOADING BY DELETING SAID CHAPTER IN ITS ENTIRETY AND INSERTING A NEW CHAPTER 27 GENERAL DEVELOPMENT REGULATIONS SECTION 27.6 OFF-STREET PARKING AND 27.7 OFF-STREET LOADING,AND AMENDING ALL REFERENCES TO CHAPTER 11 WITHIN THE ORO VALLEY ZONING CODE REVISED,AMEND CHAPTER 2 DEFINITIONS, CHAPTER 9 CONDITIONAL USE REGULATIONS AND AMEND ARTICLE 16-1 DESIGN GUIDELINES WITHIN THE ORO VALLEY ZONING CODE REVISED Bob Conant, Planner II,reviewed recommended revisions to Chapter 11 of the Zoning Code Revised: ➢ Reduce thecategoriesp g number of for ar n ratios. The amendments propose 20;.:..: categories, down from 53 categories in the::cgurrent Code. �' share the same parkingto ➢ Developcriteria for shared parking (Multiple uses reduce the total number of kineaces. oof the buildings 0 of�� e parking: gin be located in frontg ➢ No more than 5 /o ;::.....:...::;:: :: (remainingwill be to sidor back.) ➢ CreateCompliance an Alternative omp ance Section which can be implemented where the applicant present a creative parking design that is equal to or better than what pp can is required by the Code:: ➢ Provides for clear design and improvement standards. Provisions will make the p parking lots more pedestrian friendly and angled parking would be preferred. ➢ New Code encourages alternative modes of transportation(bicycles, carpools, etc.) ➢ Code simplified and clarified. In response to a concern expressed by Vice Mayor Johnson regarding shopping cart bays, Mr. Conant explained that staff is still looking into ways to move said requirements from g Desi n Guidelines into regulatory language in the Code. He stated that he expected to bring it back to Council in the form of an amendment in the near future. In response to a question from Mayor Loomis regarding drop off points for mass transit, Mr. Conant explained that staff could add provisions to require an area to be dedicated for mass transit drop off points and would bring that back to Council for approval. In response to questions from Vice Mayor Johnson, Police Chief Danny Sharp explained that enforcement of handicapped parking and fire lanes would be enforced by the Police * a 03/20/02 Minutes,Council Regular Session 10 Department. Community Development Director Brent Sinclair explained that at further enforcement would be by the Zoning Code Enforcement team byor the Public Works Department. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Rochman MOVED to ADOPT OPT Ordinance (0)02-08, OV7- 00-02 amending Chapter 11 Off-Street Parking, Off-Street Loadingbydeletingsaid Chapter in its entirety and inserting a new Chapter 27 General Development Regulations gulations Section 27-6 Off-Street Parking and 27.7 Off-Street Loading and amending all references to Chapter 11, amend Chapter 2 Definitions, Chapter 9 Conditional Use Regulations and amend Article 16-1 Design Guidelines all within the Oro Valley Zoning Code Revised. Council Member Johnson SECONDED the motion. Motion carried, 5 -0. 8. PUBLIC HEARING—ORDINANCE NO. (0)02-09 AN ORDINANCE OF THE TOWN OF ORO VALLEY,ARIZONA, ATING TO THE EXTENSION OF TIME FOR PRELIMINARY PLAT APPOVALS; AMENDING ORO VALLEY ZONING CODE REVISED SECTION 4-311:"SIGNIFICANCE AND BASIS OF PRELIMINARY PLAT APPROVALS," REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH;�:: HEREV TH ,AND DECLARING AN EMERGENCY Town Attorney Dan Dudley explained that if approved, Ordinance No. (0)02-09 would permit the Town Council discretion to grant ran t atotal of 18 months additional plat extensions forpreliminary: � _ plats (currently one 6-month extension is allowed, so this would allow a total of three more ����::-m x onth extensions or 24 months total extension.) The effect of this change is to permit the Councilgreater discretion in the . management of preliminary plats. Mayor Loomis opened the public hearing. There being no p speakers, the public hearing was closed. p MOTION: Council Member Rochman MOVED to APPROVE the adoption of Ordinance No. (0)02-09. Vice Mayor Johnson SECONDED the motion. Motion carried, 5 —0. 9. CONSIDERATION AND/OR POSSIBLE ACTION REGARDING THE RECOMMENDED ACTION ASSOCIATED WITH PHASE I (NON-POTABLE) ALTERNATIVES FOR THE USE OF RENEWABLE WATER SUPPLIES WITHIN THE TOWN OF ORO VALLEY Water Utility Director Alan Forrest reported that Council met in a Study Session in February to discuss the Renewable Water Resources for the Town ofOctober 2000 report. The report provides an analysis of Ph (Non-Potable) Oro Valley,ase I alternatives for the use of renewable water supplies within the Town. Mr. Forrest explained that the 03/20/02 Minutes,Council Regular Session 11 successful negotiation of a Settlement Agreement with the City of Tucson, contracting g aimed with an engineering consultant (CH2M-HILL), and participation in regional efforts g g . at puttingmore renewable water resources to beneficial use in the Tucson area, are some of the specific action items that have been completed. Mr. Forrest reported that the Water Utility Commission and staff are recommending that the Mayor and Council adopt Option B (extension of Tucson Water's reclaimed water system) preferred alternative for implementing Phase I of the Town's Renewable Water Resources Plan. Discussion followed regarding moving forward with Option B (extension of Tucson Water's reclaimed water system), continuation of efforts to get Central Arizona Water (CAP) to the Town, possibility of using oversized pipelines, and alignments along Tangerine Road. MOTION: Vice Mayor Johnson MOVED to ADOPT Option B, as described in the document Renewable Water Resources for the Town f Oro Valley, October 2000, as the preferredimplementing alternative for im lementin Phase I ofthe Town's Renewable Water Resources Plan. Council Member Wolff SECONDED the motion. Motion carried, 5 —0. TOWN MANAGER'S REPORT—No report ., AUDIENCE—No s CALL TO speakers. ADJOURNMENT U RN M E N T MOTION. Council MembeaSala MOVED to ADJOURN U RN a t9. 40 . m. Vice Mayor o r Johnson SECONDED e motion. Motion carried, 5 —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 _20th_ day of March 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 ['WM,..........1.1 .. B . TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 3, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: Steven Faaborg, Senior Civil Engineering Technician SUBJECT: Resolution No. (R)02- 25 , accepting a portion of Vistoso Commerce Loop as a public street. SUMMARY: Vistoso Commerce Loop running northeast of Rancho Vistoso Boulevard was constructed around 1988, primarily to provide access to the Husky Nozzle Company. The street is approximately 1488' in length and is 56' wide including vertical curbs and gutters on each side. The right-of-way for the street is 80' in width. The street was constructed within an easement, rather then a dedicated right-of-way. The Town has been unwilling to accept the streets without clear title to the right-of-way. There were also some deficiencies, most notably a settlement around a sanitary manhole in the center of the street. These items have been resolved and clear title has been provided to the Town. The street has been extended to Oracle Road through the Rancho Vistoso Neighborhood 2 residential development. That portion of the street is not a part of this acceptance and will be brought forward at a later date. ATTACHMENTS: 1. Resolution No. (R)02- 25 A resolution of the Town of Oro Valley, Arizona accepting a portion of Vistoso Commerce Loop as a public street, 2. Warranty Deed, 3. Title Report, 4. Sketch of Legal description. FISCAL IMPACT: Maintenance costs for this street would be approximately $7,000 per year, based on a cost of $0.75 per square yard, including signage, sweeping, striping, crack-sealing and surface maintenance. The maintenance is funded from the Highway User Revenue Fund (HURF). RECOMMENDATIONS OF STAFF: The Department of Public Works recommends approval of Resolution No. (R)02-2s , accepting a portion of Vistoso Commerce Loop as a public street. SUGGESTED MOTION: I move to approve Resolution No. (R)02-25 , accepting a portion of Vistoso Commerce Loop as a public street. or I move to deny Resolution No. (R)02- 25 , accepting a portion of Vistoso Commerce Loop as a public street. Paul K. Nzomo, P.E., Engineering Division Manager LA) William A. Jansen, P.E., n Engineer 0/44,41 1 '' Chuck Sweet, I own Manager RESOLUTION NO. (R)02-25 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ACCEPTING A PORTION OF VISTOSO COMMERCE LOOP FOR MAINTENANCE AS A PUBLIC STREET WHEREAS, the Town Council of the Town of Oro Valley, Arizona recognizes that no record of formal'acceptance for maintenance of Vistoso Commerce Loop exists; and WHEREAS, the developer has constructed Vistoso Commerce Loop with the intent that the street be dedicated and turned over to the Town of Oro Valley for maintenance; and WHEREAS, all conditions for repair and maintenance prior to acceptance, as set forth by the Town Engineer, have been met for Vistoso Commerce Loop; and WHEREAS, The Mayor and administrative officials of the Town of Oro Valley are authorized to take steps necessary to accept these streets on behalf of the Town of Oro Valley, Arizona; therefore NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AS FOLLOWS, THAT: The Town Council hereby approves the acceptance of Vistoso Commerce Loop from Rancho Vistoso to a point 1488' north as a public street: PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this3RD day of APRIL , 200 2 TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor Date ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Date Dan L. Dudley, Town Attorney Date ATTACHMENT 2 at the request of Lawyers Title Of Arizona, Inc. when recorded mail to Cottonwood Properties, Inc. Attn: Bir Hallinan 3567 E. Sunrise Dr., #219 Tucson, AZ 85718 00420437-024-PT Special WDeed For the consideration of Ten Dollars, and other valuable considerations, I or we, Overland Vistoso Limited Partnership., L.L.P., an Arizona limited liability partnership, which acquired title as Overland Vistoso Limited Partnership, an Arizona limited partnership do/does hereby convey to Town of Oro Valley, a municipal corporation the following real property situated in Pima, County, Arizona: See Exhibit A attached hereto and made a part hereof. Pursuant to ARS 11-1134, EXEMPT from affidavit of property value, per A-3 SUBJECT TO: Current taxes and other assessments, reservations in patents and all easements, rights of way, encumbrances,liens, covenants, conditions, restrictions, obligations, and liabilities as may appear of record. And the Grantor hereby binds itself and its successors to warrant and defend the title, against all acts of the Grantor herein, and no other, subject to the matters set forth. Dated this day of October-, 2001 Overland Vistoso Limited Partnership, L.L.P., by Ready Two Corporation, an Arizona corporation, its General partner By W. James Harrision, its Vice President • This instrument was acknowledged before me STATE OF Arizona this --/V1-7day of 2001 by W. James ss Harrision as Vice President of Ready Two County of Pima Corporation, an Arizona corporation as General partner of Overland Vistoso Limited Partnership, L.L.P., an Arizona limited liability partnership. Notary Public My commission will expire 37 l OFFICIAL SEAL w JENNIFER MAGYAR '`'� - NOTARY PUBLIC-ARIZONA " i• t PIMA COUNTY My Comm, Ex.Irnn Ju 14,2003 t- Exhibit A CASE NO. 420437 A portion of Section 29, Township 11 South, Range 14 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: COMMENCING at the South quarter corner of said Section 29; THENCE South 89 degrees 40 minutes 30 seconds East along the Southerly line of said Section 29, a distance of 453.43 feet to the Westerly right-of-way line of Oracle Road (U.S. Highway 89); THENCE North 00 degrees 41 minutes 59 seconds East along said Westerly right-of-way line, a distance of 835.90 feet to the Northerly right-of-way line of Rancho Vistoso Boulevard, as recorded in Docket 7868 at page 1456, records of Pima County, Arizona; THENCE along said Northerly right-of-way line the following courses and distances: North 89 degrees 18 minutes 01 seconds West, a distance of 453.83 feet to a point of curvature of a tangent curve concave Northeasterly; Northwesterly along the arc of said curve to the right having a radius of 1425.00 feet and a central angle of 58 degrees 44 minutes 40 seconds for an arc distance of 1461.03 feet to a point of compound curvature, being the most Southerly point of an easement recorded in Docket 8428 at page 759, records of Pima County, Arizona, and the POINT OF BEGINNING; THENCE along the Southerly line of said easement recorded in Docket 8428 at page 759, and along the Southerly and Easterly lines of easements recorded in Docket 8379 at page 2121 and page 2112 the following courses and distances: Northerly along the arc of said compound curve to the right having a radius of 50.00 feet and a central angle of 93 degrees 45 minutes 10 seconds for an arc distance of 81.81 feet; North 63 degrees 11 minutes 49 seconds East a distance of 1069.14 feet to a point of curvature of a tangent 'N curve concave Northwesterly; Northeasterly along the arc of said curve to the left having a radius of 590.00 feet and a central angle of 38 degrees 41 minutes 49 seconds for an arc distance of 398.48 feet; THENCE leaying said Southerly and Easterly lines, North 24 degrees 30 minutes 00 seconds East a distance of 55.35 feet; THENCE North 70 degrees 51 minutes 33 seconds West, a distance of 2.59 feet to the Northeasterly corner of said easement recorded in Docket 8379 at page 2112, records of Pima County, Arizona; THENCE continue North 70 degrees 51 minutes 33 seconds West along the Northerly line of said easement a distance of 77.76 feet to a point on the Southeasterly boundary of Rancho Vistoso Neighborhood 2, Phase 2 Lots 163- 180 221-244 262-318 and Common Area "A" according to the plat recorded in Book 51 of Maps and Plats at page 64, records of Pima County, Arizona; THENCE continue North 70 degrees 51 minutes 33 seconds West along the Northerly line of said easement and the Southerly boundary of said plat, a distance of 2.24 feet to a point on the arc of a non-tangent curve concave Northwesterly, a radial line of said curve through said point having a bearing of South 70 degrees 51 minutes 33 seconds East; THENCE along the Northwesterly line of easements described in Docket 8379 at pages 2112, 2121, and 2117 the following courses and distances: Southwesterly along the arc of said non-tangent curve to the right having a radius of 510.00 feet and a central angle of 44 degrees 03 minutes 23 seconds for an arc distance of 392.15 feet; South 63 degrees 11 minutes 49 seconds West, a distance of 1069.14 feet to a point of curvature of a tangent curve concave Northerly; Northwesterly along the arc of said curve to the right having a radius of 50.00 feet and a central angle of 93 degrees 45 minutes 10 seconds for an arc distance of 81.81 feet to a point of cusp of a curve concave Northeasterly, having a radial bearing of South 66 degrees 57 minutes 01 seconds West and lying on said Easterly right-of-way line of Rancho Vistoso Boulevard; THENCE Southeasterly along said Easterly right-of-way, along the arc of said curve to the left having a radius of 1425.00 feet and a central angle of 7 degrees 30 minutes 21 seconds for an arc distance of 186.68 feet to the POINT OF BEGINNING. (Portion of JV Arbs 65 and 76) ATTACHMENT 3 Lawyers Title Insurance Corporation NATIONAL HEADQUARTERS RICHMOND, VIRGINIA Amended: 'amela Tighe _awyers Title Of Arizona, Inc. COMMITMENT FOR TITLE INSURANCE Typed: 10/16/2001 One South Church, Suite 1800 SCHEDULE A Examiner: BW Tucson, AZ 85701 Typist: 99 Branch: 024 1. EFFECTIVE DATE: September 27, 2001 at 7:30 A.M. CASE NO. 00420437 2. POLICY OR POLICIES TO BE ISSUED: (a) LTAA Standard Coverage Owner Policy - 1974 (Rev. 01/01/88) AMOUNT: $ TO COME PROPOSED INSURED: TOWN OF ORO VALLEY, a municipal corporation (b) None AMOUNT: $ PROPOSED INSURED: (c) None AMOUNT: $ PROPOSED INSURED: 3. TITLE TO THE FEE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT IS AT THE EFFECTIVE DATE HEREOF VESTED IN: OVERLAND VISTOSO LIMITED PARTNERSHIP, L.L.P., an Arizona limited liability partnership, which acquired title as OVERLAND VISTOSO LIMITED PARTNERSHIP, an Arizona limited partnership 4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: Exhibit A Attached Hereto and Made a Part Hereof. ISSUED AT: TUCSON, ARIZONA THIS COMMITMENT IS INVALID LAWYERS TITLE OF ARIZONA, INC. UNLESS THE INSURING PROVISIONS AND SCHEDULES A AND B ARE ATTACHED COUNTERSIGNATURE AUTHORIZED OFFICER OR AGENT Lawyers Title Insurance C NATIONAL HEADQUARTERS • RICHMOND, VIRGINIA SCHEDULE B —SECTION 1 REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED. ITEM (B) PROPER INSTRUMENT(S) CREATING THE ESTATE OR INTEREST TO BE INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD, TO WIT: 1. TAXES for the year 2000 are shown paid in the amount of$4,725.04. (State Tax Parcel No. 223-02-014D0) (Includes other property) 2. TAXES for the year 2000 are shown paid in the amount of$7,303.44. (State Tax Parcel No. 223-02-017E8) (Includes other property) 3. Approval by the parties to this transaction of the change in description: APPROVED : 4. Record Deed from OVERLAND VISTOSO LIMITED PARTNERSHIP, L.L.P., an Arizona limited liability partnership, which acquired title as OVERLAND VISTOSO LIMITED PARTNERSHIP, an Arizona limited partnership, to TOWN OF ORO VALLEY, a municipal corporation Privacy Notice (15 U.S.C. 6801 and 16 CFR Part 313): We collect nonpublic personal information about you from information you provide on forms and documents and from other people such as your lender, real estate agent, attorney, escrow, etc. We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. NOTE: A.R.S. Section 11-480(A) provides ... Effective January 1, 1991, each instrument (presented to a county recorder for recordation) shall be no larger than eight and one-half inches in width and no longer than fourteen inches and shall have a print size no smaller than 10 point type AND shall have at least a one-half inch margin across the bottom and the left and right sides from the top to the bottom. The first page shall have a top margin of at least two inches of vertical space from left to right and shall be reserved for recordation and return address information. CASE NO. 00420437 nce Corporationrs Title Insura NATIONAL HEADQUARTERS RICHMOND, VIRGINIA SCHEDULE B—SECTION 2 EXCEPTIONS THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING UNLESS SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY. 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in thep ublic records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by the Commitment. 2. Reservations contained in Patent from the United States of America, recorded in Book 84 of Deeds atp g a e 292, reading as follows: And there is reserved from the lands hereby granted a right of way thereon for ditches or canals constructed by the authority of the United States. Excepting and reserving, however, to the United States all the coal and other minerals in the lands so entered and patented, together with the right to prospect for, mine, and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (39 Stat., 862). 3. TAXES for the year 2001, a lien not yet due and payable. 4. All matters as set forth in the Covenants, Conditions and Restrictions in instrument: Recorded in Docket: 8021 Page: 925 and assignment recorded in Docket 8021 at page 1025 and supplement recorded in Docket 8151 at page 2548 and amended in Docket 8327 at page 2059 and supplement recorded in Docket 8543 at page 512 and amended in Docket 8629 at page 576 and assignment recorded in Docket 9737 at page 1160 and amended in Docket 10037 at page 1540 NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the restriction is not in violation of state or federal law, or relates to a handicap, but does not discriminate against handicapped people. NOTE: IF POLICY IS TO BE ISSUED IN SUPPORT OF A MORTGAGE LOAN, ATTENTION IS DIRECTED TO THE FACT THAT THE COMPANY CAN ASSUME NO LIABILITY UNDER ITS POLICY, THE CLOSING INSTRUCTIONS, OR INSURED CLOSING SERVICE FOR COMPLIANCE WITH THE REQUIREMENTS OF ANY CONSUMER CREDIT PROTECTION OR TRUTH IN LENDING LAW IN CONNECTION WITH SAID MORTGAGE LOAN. CASE NO. 00420437 • SCHEDULE B —SECTION 2 (CONTINUED) 5. All matters as set forth in the Covenants, Conditions and Restrictions in instrument: Recorded in Docket: 8290 Page: 668 and amended in Docket 9502 at page 1383 and amended in Docket 10165 at page 1594 NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, p sex, handicap, familial status or national origin, unless and only to the extent that the p restriction is not in violation of state or federal law, or relates to a handicap, but does not discriminate against handicapped people. 6. EASEMENT and rights incident thereto, as set forth in instrument: Recorded in Docket: 8177 Page: 1438 Purpose: utilities 7. EASEMENT and rights incident thereto, as set forth in instrument: Recorded in Docket: 8363 Page: 1898 Purpose: street, sewer and utilities 8. EASEMENT and rights incident thereto, as set forth in instrument: Recorded in Docket: 8363 Page: 1904 Purpose: street, sewer and utilities 9. EASEMENT and rights incident thereto, as set forth in instrument: Recorded in Docket: 8379 Page: 2112, 2117 and 2121 Purpose: streets, sewer and utilities 10. EASEMENT and rights incident thereto, as set forth in instrument: Recorded in Docket: 8388 Page: 1208 Purpose: utilities 11. EASEMENT and rights incident thereto, as set forth in instrument: Recorded in Docket: 8394 Page: 1668 Purpose: utilities 12. EASEMENT and rights incident thereto, as set forth in instrument: Recorded in Docket: 8428 Page: 759 Purpose: streets, sewer and utilities CASE NO. 00420437 Page 4 of 7 SCHEDULE B —SECTION 2 (CONTINUED) 13. EASEMENT and rights incident thereto, as set forth in instrument: Recorded in Docket: 8431 Page: 980 Purpose: utilities 14. EASEMENT and rights incident thereto, as set forth in instrument: Recorded in Docket: 8503 Page: 1239 Purpose: communication facilities 15. EASEMENT and rights incident thereto, as set forth in instrument: Recorded in Docket: 8491 Page: 1199 Purpose: utilities C. CASE NO. 00420437 Page 5 of 7 . • Exhibit A CASE NO. 420437 Ap ortion of Section 29, Township 11 South, Range 14 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: COMMENCING at the South quarter corner of said Section 29; THENCE South 89 degrees 40 minutes 30 seconds East along the Southerly line of said Section 29, a distance of 453.43 feet to the Westerly right-of-way line of Oracle Road (U.S. Highway 89); THENCE North 00 degrees 41 minutes 59 seconds East along said Westerly right-of-way line, a distance of 835.90 feet to the Northerly right-of-way line of Rancho Vistoso Boulevard, as recorded in Docket 7868 at page 1456, records of Pima County, Arizona; THENCE along said Northerly right-of-way line the following courses and distances: North 89 degrees 18 minutes 01 seconds West, a distance of 453.83 feet to a point of curvature of a tangent curve concave Northeasterly; Northwesterly along the arc of said curve to the right having a radius of1425.00 feet and a central angle Df 58 degrees 44 minutes 40 seconds for an arc distance of 1461.03 feet to a point of compound curvature, being the most Southerly point of an easement recorded in Docket 8428 at page 759, records of Pima County, Arizona, and the POINT OF BEGINNING; THENCE along the Southerly line of said easement recorded in Docket 8428 at page 759, and along the Southerly and Easterly lines of easements recorded in Docket 8379 at page 2121 and page 2112 the following courses and distances: Northerly along the arc of said compound curve to the right having a radius of 50.00 feet and a central angle of 93 degrees 45 minutes 10 seconds for an arc distance of 81.81 feet; North 63 degrees 11 minutes 49 seconds East a distance of 1069.14 feet to a point of curvature of a tangent curve concave Northwesterly; Northeasterly along the arc of said curve to the left having a radius of 590.00 feet and a central angle of 38 degrees 41 minutes 49 seconds for an arc distance of 398.48 feet; THENCE leaving said Southerly and Easterly lines, North 24 degrees 30 minutes 00 seconds East a distance of 55.35 feet; THENCE North 70 degrees 51 minutes 33 seconds West, a distance of 2.59 feet to the Northeasterly corner of said easement recorded in Docket 8379 at page 2112, records of Pima County, Arizona; THENCE continue North 70 degrees 51 minutes 33 seconds West along the Northerly line of said easement a distance of 77.76 feet to a point on the Southeasterly boundary of Rancho Vistoso Neighborhood 2, Phase 2 '_ots 163-180, 221-244, 262-318 and Common Area "A" according to the plat recorded in Book 51 of Maps and Plats at page 64, records of Pima County, Arizona; CASE No. 00420437 a J THENCE continue North 70 degrees 51 minutes 33 seconds West along the Northerly line of said easement and the Southerlyboundary of said plat, a distance of 2.24 feet to a point on the arc of a non-tangent curve concave Northwesterly, a radial line of said curve through said point having a bearing of South 70 degrees 51 minutes 33 seconds East; THENCE along the Northwesterlyline of easements described in Docket 8379 at pages 2112, 2121, and 2117 the following courses and distances: Southwesterlyalong the arc of said non-tangent curve to the right having a radius of 510.00 feet and a central angle of 44 degrees 03 minutes 23 seconds for an arc distance of 392.15 feet; South 63 degrees 11 minutes 49 seconds West, a distance of 1069.14 feet to a point of curvature of a tangent curve concave Northerly; along Northwesterlythe arc of said curve to the right having a radius of 50.00 feet and a central angle of 93 degrees 45 minutes 10 seconds for an arc distance of 81.81 feet to a point of cusp of a curve concave Northeasterly, having a radial bearing of South 66 degrees 57 minutes 01 seconds West and lying on said Easterly right-of-way line of Rancho Vistoso Boulevard; THENCEalong Southeasterlysaid Easterly right-of-way, along the arc of said curve to the left having a radius of 1425.00 feet and a central angle of 7 degrees 30 minutes 21 seconds for an arc distance of 186.68 feet to the POINT OF BEGINNING. (Portion of JV Arbs 65 and 76) CASE No. 00420437 PIMA COUNTY, ARIZONA ORDER 420437 • Area Code 1012 Tax Rate 16 .53480 Printed 10/16/2001 12 :11 Parcel Number 223-02-014D0 Docket Book 9458 Page 1492 Date 01/14/93 Situs Addr Owners Name OVERLAND VISTOSO LIMITED PARTNERSHIP Mailing Addr ATTN: W J HARRISON & ASSOC P C 3561 E SUNRISE DR STE 201 TUCSON, AZ 85718-3204 Section 29 Township 11S Range 14E Book 0 Page 0 Block Lot (s) - Legal PT OF W2 LYG E OF & ADJ TO RANCHO VISTOSO BLVD 16 .40 AC SEC 29-11-14 *** 2000 TAXES UPDATED THRU 08/01/01 Value Ratio Land 194, 081. 00 16 .0% Improvement 0 . 00 0 .0% Full Cash Value Exemption Net Assessed Land and Impr 194, 081. 00 0 .00 0 .00 Personal prop 0 . 00 0 .00 0 . 00 Limited 170,597 . 00 0 . 00 0 . 00 2000 TOTAL TAX 4, 725 .04 FIRST HALF INTEREST SECOND HALF INTEREST TOTAL DUE 0 . 00 0 .00 0 .00 0.00 0 .00 No Liability BACK TAX INFORMATION UPDATED THRU 08/01/01 CP NO./TYPE SALE DATE YEAR TAXES DUE INT. DUE AMOUNT DUE OLD PCL ** NO DELQ TAXES DUE FOR THIS PARCEL ** UPDATED THRU DATES: ASSESSMENTS RESOLUTIONS CITY OF TUCSON 08/16/2001 08/19/2001 ORO VALLEY 08/19/2001 08/19/2001 PIMA COUNTY 08/19/2001 08/19/2001 *** NO ASSESSMENTS *** *** NO RESOLUTIONS *** *** NO SOLD ASSESSMENTS *** PIMA COUNTY, ARIZONA ORDER 420437 Area Code 1012 Tax Rate 16.53480 Printed 10/16/2001 12 :07 t Parcel Number 223-02-017E8 Docket Book 9510 Page 2865 Date 03/31/93 Situs Addr Owners Name OVERLAND VISTOSO LTD PARTNERSHIP Mailing Addr ATTN: W J HARRISON & ASSOCIATES P C 3561 E SUNRISE DRIVE SUITE 201 TUCSON, AZ 85718-3204 Section 29 Township 11S Range 14E Book 0 Page 0 Block Lot (s) - Legal CTRL PTN OF E2 SW4 LYG NELY & ADJ TO RANCHO VISTOSO BLVD 8.45 AC SEC 29-11-14 (10237/2164 & 2166) *** 2000 TAXES UPDATED THRU 08/01/01 Value Ratio Land 276, 062 . 00 16 . 0% Improvement 0 . 00 0 .0% Full Cash Value Exemption Net Assessed Land and Impr 276, 062 . 00 0 .00 0.00 Personal prop 0. 00 0.00 0.00 Limited 276, 062 . 00 0 .00 0.00 2000 TOTAL TAX 7,303 .44 FIRST HALF INTEREST SECOND HALF INTEREST TOTAL DUE 0 .00 0 .00 0 .00 0 . 00 0 .00 No Liability BACK TAX INFORMATION UPDATED THRU 08/01/01 CP NO./TYPE SALE DATE YEAR TAXES DUE INT. DUE AMOUNT DUE OLD PCL ** NO DELQ TAXES DUE FOR THIS PARCEL ** UPDATED THRU DATES: ASSESSMENTS RESOLUTIONS CITY OF TUCSON 08/16/2001 08/19/2001 ORO VALLEY 08/19/2001 08/19/2001 PIMA COUNTY 08/19/2001 08/19/2001 *** NO ASSESSMENTS *** *** NO RESOLUTIONS *** *** NO SOLD ASSESSMENTS *** r • ',rte:� q t �U (I) .n W R, w ti r- -< 1 I I I 1 i 1 Cl) (UR).1.c�(_,00 O Q, 3,-.R) Cl) 0 .f.5°2 s1A V ▪VCn NU....r,Z »�• s� Nps ,� � .'°n 1K� ati / , 11 d t� tri N 00-13-28 C (S) /1=P / • rv. 1 262.56 (S) ::,r,';', Q 1 lc d Zi �� 2625.42.<S) 1 ���2� �'� u ? Ito x v'N� I • •o •ry 1 1 2 s zC P • • -, ,\,, Iry N'•`)�n '� -73 G m -..,--4-4.:2,-1-1> e , 9C.1 C;) ..'•,,,s1 .00 N Sb 1.38 it , M Z 1•�� jp%O�D��y CPV /.96 pp r. , ..a s V n �0 A H �6 r 19'.79 , • v I �ii. ���a�ty v�9cl. 0 1# �• ► `'a`W o i•^�--11 ^ 0� 117' �►,� NN R` I Z,Z WNW• c)(1."-...,, 1 i3 a g f Z 4 A fU IU N c11 Iv a •ti 7c I `dP �7;r (.1 Ci .m L1 AAng X29 E . g 1 g ��.. 1).)Q.' .$44 ... .. ... N 9 4 .+ ,E •Zr 701 1 ce. ,`j, 6O ^'• r $ ►-rW W�� IP`��p�� pp 0 i iw .,7,', — c."'''. © -Tt, de• .. ",, TR,. • E.:. .... y h.-. Z. cls o I ., -T9 /. /.0 CD • ;. o �'rt,. I IVI 4 ,i 4 / -•�■■� 1 •Ll N m .--1.1,-..\.v r u -r,o vcbcg•Vc`~'�..4� NN K�w oo �" 'n • '1'�' ' o0 1-� • 1. ..:•t'•;;;: . R 6 ®t'i. E71 `or.). S h 4 r -/• v'U;-• • .y,LlTil p ` �1 •IC•- , , W '-,n H 70 26�06' :;. 800100' \ c •'9T ARTIFAq LAN,., �0' , . r'. V. O .h171 • c N> O �wh 1 I .p. •r 754.J0• �� =0 1 iV .� rn �Nf1 N al �3. . !.• UI I N om, wIUNN I „ a.t.1 Y • . _ Nl 1 iJc "� ti I 1 1 1 w n cn o •E' '.. toro; }n�► a A, ss�.oa ni 1 wN"'Ul M =_o .- 'di: c: �"..,K. -s- A�'' ►�'+ ":;%.-; :. 1to an' tr, (1.I r vti ''; 1 1 Cr: ,ci0 . , Z OvN cr 1 1 7;290.90'_220'' 656.52 361.67' 2029.35 _Nil__._`�_4,.._ TRuut.Z./..TLLIST� j1r � FR�j�C , TYN11/ 11�11111ILITI I )S 11111?[��PI7rl►(ii`I / /// I/1// �//,,,//// /1/I/I/i//////t Wiwi,/111 /////// ",,4 --„ Z • V Y• ` ' 1� CD • , z , • 0 ••• • m • • 1 D N N �lJ N r in p f 1, • v v t „ C 1---60 • ---i r-30 z ti S 00-01-23 E 5271.93 CS) s'"3 IA Pi,9.65, ,f,11. �<O'O.S 0 lJ .hjo m N � NN ..,lll v t..--J o N 1% i4, rril ( \N, �4 ci -{ ,/6' /L, m D o t,, v , .r , 49 1c8 O p fib+ti , o D O - V -, tn t `. ----2.,- ....--- .?s6 v N I% - ATTACHMENT 4 -,.. . . , _ � , LINE � SEARING DISTANCE ?, Ll N 89'40130- N ! 45-1.43' Rancho Vistoso • L2 N 00'41'59- 5 j ams 90' Neighborhood 2 1 Li N 897 8'01" i 45, 8.3' { Lots 163-130,221 244,262-3I8,? L 4 N 6371'49- 5 ( 1069_14' Book I ,Page 64 L N 24:10'00- E 442.80 Ramo Vistoso L 11 p L6 N 24:30'GO" E 50.03' Neighborhood 2 v L7 N 897 7"24- W 57.16' Phase 2 t i t -j- L•j_ , A . t sots 122-16Z,245-261 T- C� V co L8 N GG 42 40w E i 130.00 fi Book 50 ',Page 82; ` v • - L9 N 8977'20 W 6716 L7 , 10 v -� LW N 00'45'25+ E 137.20' J J N. L 11 N 8974'35" W 50.00' 3 l i � t C4 L12 N 40'45'25" E. 137_ZO' i � 3 - L13 , N 24'30'00" E 400.68' i i 4) _ ' LI 4 N 70-51:13- i 2.24' t Z"- N' L 15 i N 6371'49- E 1063.14' Dkt.8379,Page 2121 Dkt.839,Page 2112 G\ Dkt.8379,Page 2117 65 40.00 _r i Ch - - 00 1-15 ezt ›, 80.t�t� 0 g \ _,:. ....:_,_ . , 4 ;.: - cis r;1 4? to .0 Dkt. 8428 P� e 75 `� 7s \ 1:9 N o POB 1 3 i .- i --G'j I CURVE RADIUS ARC LENGTH DEL TA ANGLE .,, 1 Cl 1425.00' 1461.03' 58-44'40- � L3 C2 50.00' 81.81' 93'45'11- :- 3'45'11"--Ci 590.00' 398.48' 38'47'49" C4 25.00' 39.27' 90'00'00" Rancho Vistoso Blvd. C5 25.00' 41.63' 9524'01- Dkt_7656,Page 1456 C6 745.00' 146.70' 578109- CT 78'09"C7 25.00' 39.27' 90'00'00" South1/4 Coiner , C8 25.00' 39.27' 90770'00" t� CS 225.00' 2.35.68' 60'00'57" Section 29 C10 25.00' 46.29' 106774'51" POC ` C11 156.00' 119.75' 4.358'51" C12 206.00' 192.25' 5328'20- L 1 328'20"L1 C13 25.00' 33.69' 7772'55" C14 510.00' 392.16' 44733123- C15 50.00' 81.31' 93'45'07" C16 1425.00' 186.68' 07:30'22- , -0 -11:f., SKETCH OF ._... ..,-, -7*, 3w-,-- 4m. .,-ti, --..- LEGAL DESCEPTION ,; : A Portion of Section 29. M._ E•i 1511 101 r TOwnshi;o 11 South. Flange 14 East 1 "- Gila and Salt River Meridian 500 Peet Pima County. Arizona AREA = 4.77,0 Ac. +/- iii:BILA DRAIN BY: F.Fsadtrazsas.: aoo CPU wI]a1C 110 11.1.C.AL.3371! DATE: 04/21/99 z - fz 0023 m-,a TOWN OF ORO VALLEY _ ,OUNCIL COMMUN I CATI ON MEETING DATE: April 3,2002 TO: HONORABLE MAYOR&COUNCIL FROM: Robert Jacklitch Project Manager,Oro Valley Water Utility • Resolution No. (R) 02- 26 A Resolution of the Town of Oro Valley, Pima. County, Arizona sUBJEcr. . Authorizingand Approving a Contract with Westland Resources, Inc. for Professional Engineering PP g Design for High Mesa"E" Zone Reservoir Expansion. SUMMARY: This projectprovides professional engineering design and construction period services to expand the existing "E" zone reservoir at High Mesa. The current year budget includes expenditure for Glover Road reservoir expansion. staff re-evaluated this expenditure and concluded there were additional benefit's to transfer the increased storage to However, xp . Mesa. The existingreservoir at Hi h Mesa is in need of extensive repair and the site at Glover Road could not support I-3igh g additional reservoir storage. This project is identified in the Oro Valley Water System Master Plan and in the first year enough . five-year capital improvement plan. Westland will provide plans, specifications, landscape design, electrical design, of the ye p p geotechnical and site civil engineering services. Oro ValleyWater Utilityre uested Statement of Qualifications from multiple engineering firms. The OVWU The . q . the firm's capabilities on project understanding, approach, project team and the firms capabilities. Staff selected staff rated p P � Westland Resources, Inc and negotiated a contract fee of $97,500 for Professional Engineering Design and Construction Services. The following is a breakdown of services: Engineering Design: $57,500 Construction Services: $40,000 Total $97,500 FISCAL IMPACT:Funds are available in the 2001-2002 year budget. RECOMMENDATIONS: Staff respectfully recommends award of this contract to Westland Resources,Inc.through the adoption of the attached Resolution (R) 02- 26 . ATTACHMENTS: EXHIBIT# 1 Resolution No. (R) 02-26 SUGGESTED MOTION:The Mayor and Council may wish to consider one of the following motions: I move to approve the Resolution (R) 02-26 Authorizing and Approving a Contract with Westland Resources, Inc. for Engineering Design for F igh Mesa"E" Zone Reservoir Expansion Or I move to ro�ect Man./r , ((it__ s W. e /c• 'ty Dir own Manag•r • . . . . . . . . • EXHIBIT #1 , . • _ _ _ - _ . . . - . . . . _ . . . . . , . , .__ . . , . . . . . L EYAp„j _ . S + - •V.,....,, 74r : ?CL,.- , , '''.1;.',': -- " ' - _.. -.a U`\DED A9 tf RESOLUTION NO. (R) 02- 26 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA AUTHORIZING AND APPROVING A CONTRACT BETWEEN THE TOWN OF ORO VALLEY AND WESTLAND RESOURCES, INC. FOR PROFESSIONAL ENGINEERING DESIGN FOR HIGH MESA "E" ZONE RESERVOIR EXPANSION. the TOWN OF ORO VALLEY is a political subdivision of the State of WHEREAS, Arizona, and pursuant to Article 13, Section 7 of the Arizona Constitution, is vested with all rights, privileges,es benefits and is entitled to the immunities and exemptions granted political and subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, it has been determined that it is in the best interest of the Town to enter into attached hereto as Exhibit A and incorporated this Contract, herein by this reference, with WestLand Resources, Inc. and that Mayor and Council of the Town of Oro Valley, authorize and approve the Contract. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of y, Oro Valle Arizona, that the Contract (attached hereto as Exhibit A) between the Town ofy� Oro Valle Arizona, and WestLand Resources, Inc. is authorized to be signed. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Contract. PASSED AND ADOPTED bythe Mayor and Town Council of the Town of Oro Valley, Arizona this 3rd day of APRIL , 20 02 . TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney . . . _ _,_ . EXIIT-13 . . . ,.. IAC A . . . . Contract . `'p,�LEY ilii, OV vyo�� 4`,-- r / ‘,1.,,,_ -.,N,O,f_ ,;moi. ' ,,-,.,-4---' Q •rte..•� .-t � c ,�, o..�yr,�.. :.ate ',%-,... , .. ;" \-.a7,,-.1.,,..,;:li 14...1i!:.; n , �P�-BEY AR4> �O O,L :Y. 40067,A .0 °UNDER FOR AGREEMENT ENGINEERING SERVICES PROJECT TITLE: g Professional Engineering Design and Construction Period Service for High Mesa E-Zone Reservoir Expansion PROJECT NO.: OVWU01/02 06 This contract is made and entered into byand between the Town of Oro Valley, a municipal Corporation, hereinafter called the TOWN and WestLand Resources,Inc. hereinafter called the ENGINEERING CONSULTANT. WITNESSETH: and Town Council/Town Manager of the Town of Oro Valley are authorized and empowered THAT WHEREAS, the Mayor bY the revisions of the Town Charter to execute contracts for Professional Services; NOW THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter contained, it is agreed by and between the TOWN and the ENGINEERING CONSULTANT as follows: SECTION I—DESCRIPTION OF PROJECT This project is to provide professionalengineering design service to demolish the existing 188,000 gallon reservoir and replace it with a new larger storage facility. The services include professional engineering pre-design, detailed engineering design and y construction period services. SECTION II—SCOPE OF SERVICES See WestLand Resources,Inc.proposal February 7, 2002.Attachment"B" This project shall set aside 1% of the construction cost for the public art. SECTION III—PAYMENT SCHEDULE The negotiated fee process shall be utilized for this contract. For services described in Section II of this Agreement, the TOWN shall pay the ENGINEERING fee as negotiated. Payment shall be made monthly on the basis of progress reports. An Application and Certification for Payment Sheet must be provided. In addition, the following must also be included: a clear, reflectingitems beingbilled for, a summary sheet showing percentage of work completed to date, detailed invoice amount/percent billed to date and current status of all tasks within the project; any/all backup documentation supporting the above items. Work schedule updates will be included in the monthly progress payment requests. SECTION IV—PERIOD OF SERVICE Following receipt of a "Notice to Proceed" with the work, the ENGINEERING CONSULTANT shall complete all services described in Section II within 120 calendar days after "Notice to Proceed" is issued by the TOWN. In the event delays are experienced beyond the control of the ENGINEERING CONSULTANT, the completion date may be extended as mutually agreed upon by TOWN and the ENGINEERING CONSULTANT. SECTION V—APPROVALS All work shall be subject to the approval by the Oro Valley Water Utility. ENGINEERING CONSULTANT agrees to exercise the skill and care which would be exercised by comparable professional engineers performingsimilar services at the time and in the locality such services are performed. If the failure to meet these g standards results in faulty work, ENGINEERING CONSULTANT shall undertake at its own expense, the corrective adjustments or modifications. SECTION VI—REPORTING Written monthly reports, along with updated work schedules, will be made by the ENGINEERING CONSULTANT in the format prescribed bythe TOWN. These reports will be delivered to the TOWN no later than the 5th of the following month. When requested bythe TOWN, the ENGINEERING CONSULTANT will attend Council meetings and provide finished q documents including correspondence for Council action, supporting charts,graphs drawings and colored slides of same. SECTION VII—LIABILITY See Attachment A SECTION VIII—AMENDMENTS Whenever a change in the scope of work contemplated in this Contract is determined to be necessary, the work will be performed in accordance with the Contract provided,however, BEFORE such work is started, a Contract Amendment shall be executed by the TOWN and the ENGINEERING CONSULTANT. Additions to, modifications of, or deletions from the project ect provided herein may be made and the compensation to be paid to the ENGINEERING CONSULTANT may be %Nap J adjusted accordingly by mutual agreement of the contracting parties. It is agreed that no claim for extra work by the ENGINEERING CONSULTANT will be allowed by the TOWN except as provided herein, nor shall the ENGINEERING CONSULTANT do any work not covered by this agreement unless such work is authorized through an executed amendment. SECTION IX—TERMINATION The TOWN and the ENGINEERING CONSULTANT hereby agree to the full performance of the covenants contained herein, except that the TOWN reserves the right, at its discretion, to terminate or abandon the service provided for in this Contract or abandon any portion of the project for which services have been performed by the CONSULTING ENGINEER. A. In the event that the TOWN shall abandon the services or any part of the services herein provided, the TOWN shall notify the ENGINEERING CONSULTANT in writing and immediately after receiving such notice, the ENGINEERING CONSULTANT shall discontinue advancing the work under this Contract and shall proceed to close such operations. B. Upon such termination or abandonment, the ENGINEERING CONSULTANT shall deliver to the TOWN all drawings, notes, calculations, sketches and other materials entirely or partially completed, together with all unused materials supplied by the TOWN. C. The ENGINEERING CONSULTANT shall apprise the work he has completed and submit his appraisal to the TOWN for evaluation. D. The ENGINEERING CONSULTANT shall receive as compensation in full for services performed to date of such termination, a fee for the percentage of work actually completed. This fee shall be a percentage of the ENGINEERING CONSULTANT fee described in this Contract under Section III and shall be in the amount to be agreed mutually by the ENGINEERING CONSULTANT and the TOWN. The TOWN shall make this final payment within sixty (60) days after the ENGINEERING CONSULTANT has delivered the last of the partially completed items. SECTION X—LIQUIDATED DAMAGES If the work to be performed by the ENGINEERING CONSULTANT under Section II of this agreement is not completed when CONSULTANT shall payto the TOWN $500.00 as liquidated damages for each day the work agreed, the ENGINEERING upon incomplete after the scheduled completion date. This amount is agreed p on because of the impracticability and extreme difficulty of ascertaining the actual damages the TOWN would sustain.The scheduled completion date for terminating liability for 60 consecutive da s from the effective date of TOWN'S "Notice to Proceed" to ENGINEERING liquidated damages shall be 3 Y CONSULTANT. For the purpose of determining liquidated damages,li uidated des,if any,completion time shall be extended only when delay in completion of the g work by the ENGINEERING CONSULTANT results from an unforeseeable cause beyond the control and without the fault or negligence of the ENGINEERING CONSULTANT. SECTION XI—ARBITRATION OF DISPUTES arisingunder this contract which is not settled by the TOWN and the ENGINEERING CONSULTANT may upon Any dispute mutual agreement of the parties be decided byan Arbitration Board composed of a representative of the TOWN,a representative of the ENGINEERING CONSULTANT, and a representative mutually acceptable to the TOWN and the ENGINEERING TOWN, however, reserves its rights as set forth in Title 12, Chapter 9, Article I of the Arizona Revised CONSULTANT. The ENGINEERING CONSULTANT shall continue to render all services requested in this Contract without Statutes. The ndin the provisions of this section. Nothing herein shall be deemed to require arbitration except at the interruption, notwrthsta g TOWN's discretion. SECTION XII—OWNERSHIP OF DOCUMENTS All documents, including,cludin but not limited to, tracings, drawings, original mylars, estimates, field notes, investigations, design studies which are prepared in the performance of this Contract are to be, and remain the property of, the TOWN. analysis and The ENGINEERING its shall furnish the TOWN, upon request, originals or reproducible of technical pies of all other documents listed above. The ENGINEERING CONSULTANT shall endorse, by his specifications and co professional seal, all plans and engineering data furnished by him. SECTION XIII—NO KICK-BACK CERTIFICATION The ENGIN EERING CONSULTANT warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understandingfor a commission, percentage, brokerage or contingent fee; and that no member of the Town Council or any employee of the TOWN has an interest, financial or otherwise, in the ENGINEERING CONSULTANT firm. For breach or violation of this warranty, the TOWN shall have the right to annul this Contact without liability, or at its discretion to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. SECTION XIV—CONFLICT OF INTEREST The ENGINEERING 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 anyindividual business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Contract. Pursuant to A.R.S. Section 38-511, the TOWN may cancel this contract within three (3) years after its execution, without or further obligation bythe TOWN if any person significantly involved in initiating, negotiating, securing, drafting or penalty g creating the contract on behalf of the Town of Oro Valley is, at any time while the contract is in effect, an employee of any other party to the capacity he contract in anyca acit or a consultant to any other party of the contract with respect to the subject matter of the contract SECTION XV—ASSIGNMENT This Contract shall not be assignable except at the written consent of the parties hereto; and it shall extend to and be binding upon the heirs, executors,administrators, successors,and assigns of the parties hereto. The ENGINEERING CONSULTANT may assign money due to him under terms of this Contract to a banking or lending institute. The TOWN shall assist the ENGINEERING CONSULTANT in performing the assignment by testifying to the progress of the work as may be required. IN WITNESS WHEREOF,the parties have hereunto subscribed their names this day of , 19 . TOWN OF ORO VALLEY: ENGINEERING CONSULTANT: By: By: (Title) ATTEST: ATTEST: (If Corporation) Secretary APPROVED AS TO FORM: WITNESS: (If Individual or Partnership) Town Attorney ATTACHMENT A The ENGINEERING CONSULTANT agrees to obtain insurance coverage of the types and amounts required consistent with the coverage limits shown below. Coverage Afforded Limits of Liability Workmen's Compensation Statute Employer's Liability $100,000 Comprehensive General $1,000,000-Bodily Injury Liability Insurance Combined Single Limit (including blanket contractual $100,000 Property Damage and premises/operations) Professional Liability Insurance $500,000(Minimum) Combined Single Limit The ENGINEERING CONSULTANT will provide satisfactory certificates on the required insurance coverage before beginning work. All policies will contain an endorsement providing that written notice be given to the TOWN at least thirty g g 30 calendar days prior to termination, cancellation, or reduction in coverage policy. Insurance policies shall remain in force ( ) Y until all work has been completed and the completed project has successfully fulfilled its warranty period. If a policy does expire duringthe life of the Contract, a renewal certificate of the required coverage must be sent to the Town of Oro Valley p not less than five (5)work days prior to expiration date. Each certificate shall include project description, and project number and the signed acknowledgement of the insurance company. The Town of Oro Valley will be included as an additional insured on all policies except Worker's Compensation and Professional Liability. Policies for General, Automobile, and Excess Liability are primary over any insurance available to the TOWN and as to any claims resulting from the Contract, it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. In regard to Professional Liability, ENGINEERING CONSULTANT agrees to indemnify, defend, and save harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees individually and collectively; from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the ENGINEERING CONSULTANT or of any subcontractor employed by the ENGINEERING CONSULTANT (including bodily injury and death) or damages to any property, arising or alleged to have arisen solely out of the negligent performance of the ENGINEERING CONSULTANT for the work performed hereunder. Furthermore, ENGINEERING CONSULTANT agrees to indemnify, defend and hold harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees individually and collectively; against any an all claims arising out of errors, omissions or negligent acts in the performance of services by the ENGINEERING CONSULTANT. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. In regard to General,Automobile,and Excess Liability,the ENGINEERING CONSULTANT agrees to indemnify, defend and save harmless the Town of Oro Valley, its Mayors and Council, appointed boards and commissions, officials, officers, employees, individually and collectively; from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including Y emp to ees of the ENGINEERING CONSULTANT or any subcontractor employed by the ENGINEERING CONSULTANT (includingbodily injury and death) or damages to any property, arising or alleged to have arisen out of the negligent performance of the ENGINEERING CONSULTANT for the work to be performed hereunder, except any injury or damages arising out of the sole negligence of the TOWN, its officers, agents or employees. IT IS THE INTENTION OF THE PARTIES to this Contract that the Town of Oro Valley, its Mayors and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, are to be indemnified against their own negligence unless and except that negligence is found to be the sole cause of the injury to persons or damages to property. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. ' t • • • ' r • • . PLL' Y'q�' S•� 0••- . .. - ..-:.��� ,`,ter _.�•. 1�` ti... ,:}�:. i%•'+a - `:�• S:`. -' ._•..:7..ice ° 9� UNDED r ATTACIEVIEN T A • To*contract i /NN,,,, :certificate of Insurance '`"y. =�aa SOUTHERN TEAMSCE?/14414› • ' 1- ,- ' (520) 292-4000 03/11/02 workers`compensation insurance LS: u�,�r,� Name of Insured: `�. E INC ,f,7,,. WESTLAND RESOURCES co. sk".,,' t r`. ,t 2343 E BROADWAY BLVD 10 x -• STE 202 —ertificate Mailed To: ',,c ,. ,�: • `K TUCSON AZ 85719 6007 `,• 3 i A 4 ATTN ROBERT JACKLITCH ORO VALLEY WATER UTILITY Date Issued: 03/11/2002 11000 N LACANADA DRIVE Certificate Number: PO 0 8 7 ORO VALLEY AZ 85737 Policy Number: 285664 Origin Date: 02/27/1997 Expiration Date: 02/01/2003 12 :01 A.M. Liability (000 omitted)1, 000/1,000/1,000 Description of Operations: PROFESSIONAL ENGINEERING DESIGN & CONST PERIOD SERVICES FOR HIGH MESA E-ZONE RESERVOIR EXPANSION This Certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed hereon. This is to certify a workers' compensation policy has been issued to the insured listed hereon and is in force for the period referenced. Certificate Issued To: :( 1XiAl2ZYN:e. ., ATTN ROBERT JACKLITCH ORO VALLEY WATER UTILITY John Webster 11000 N LACANADA DRIVE Authorized Representative ORO VALLEY AZ 85737 61-004 01/01/02 OP SIFICATE OFLIABILITY INSURANCcESbD ACORD CERT R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Assoc Agencies HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Stuck Ins & Ass q ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. F.O. Box 7020 - P' fix AZ 85011-7020 INSURERS AFFORDING COVERAGE P x: 602-264-5533 Fax:602-279-9336 INSUREDINSURER A: Security Ins Co of Hartford INSURER B: Westland Resources Inc INSURER C: 2343 E Broadway #202 INSURER D: Tucson AZ 85719 E INSURR E: I COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BOR MAY PERTAINTHE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH , POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR_ POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) EACH OCCURRENCE $ GENERAL LIABILITY , _ FIRE DAMAGE(Any one fire) $ COMMERCIAL GENERAL LIABILITY ICLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG $ GEN'L AGGREGATE LIMIT APPLIES PER: —---1 POLICY PRO LOC ' JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) — — '" AUTO ONLY-EA ACCIDENT $ GARAGE LIABILITY ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EACH OCCURRENCE $ EXCESS LIABILITY OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND 1)NWLUIF,1 ra' EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ OTHER A Prof LiabilityAEE0225031 02/26/02 02/26/03 20000002000000 per claim aggregate DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Professional Liability - Claims Made - $25000 deductible - Retro date 2-26-97 RE: Period Services for High Mesa E-Zone Reservoir Expansion CERTIFICATE HOLDER N ADDITIONAL INSURED;INSURER LETTER: CANCELLATION OROV-0 3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL —DAYS WRITTEN Oro Valley Water Utility NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Robert Jacklitch IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 11000 N. Canada Drive REPRESENTATIVES. Oro Valley AZ 85737 AUTHORIZED REPRESENT' I E �' � ACORD 25-S(7/97) ,er'"I' , ©ACORD CORPORATION 1988 il LE Y Ati)/1P OO �,rr �d ' hi47� rt/� % qx � i t zoi,,,i„,..;,..,!.. zthayHel .NY , /� � y, i6jr '�, * ryk. y7 r ./,qirW. / ;',44t.': ay t dF,4 / F ;4. x n. ,yrKYvyyVl ? (° ..,''':',,!0.,,,,..„,,,.7.„,,..:,9,, '7iii��axn xv.'n�r"�+.++r ny,� .. JY' 1<'0 UNDED ATTACHMENT B Westland Resources,Inc. Proposal WestLand Resources lnc. Engineering and Environmental Consultants February 7, 2002 Mr. Robert Jacklitch, Project Manager ORO VALLEY WATER UTILITY 11,000 North La Canada Drive Oro Valley, Arizona 85737 RE: PROPOSAL FOR PROFESSIONAL ENGINEERING DESIGN,BIDDING, INSPECTION, AND CONSTRUCTION PERIOD SERVICES FOR HIGH MESA E-ZONE RESERVOIR EXPANSION WESTLAND PROPOSAL NO.P. 1566.02 Dear Mr. Jacklitch: In accordance with your request, WestLand Resources, Inc. (WestLand) is pleased to provide the Oro Valley Water Utility (OVWU) a fee proposal for the professional engineering services for the upgrade and expansion of the existing 188,000-gallon, High Mesa reservoir. It is our understanding that this project will consist of the demolition of the existing 18-foot tall reservoir and replacement of said reservoir with a new larger storage facility. The followingis a detailed list of services we propose to provide for this project. These services include professional engineering pre-design, engineering design, bidding, and construction period and inspection services for the project. TASK 1.0 PRE-DESIGN SERVICES Based upon our understanding of the existing site, its unique features and our meetings with Town staff,there are several design constraints that require definition and clarification prior to detailed design. The greatest design constraint associated with this project will be the upsizing of the existing southern b reservoir to the greatest extent possible while staying within the existing site boundaries and minimizing costly slope treatments such as retaining walls and grouted rock riprap. We propose to accomplish this task by evaluating several grading and reservoir sizing alternatives. Through our analysis we will be able tog enerate quantities and project costs for several reservoir construction alternatives. The reservoir construction alternatives will be provided to the OVWU for review. Upon review by the utility staff, a recommendation will be made for the preferred reservoir size and layout. WestLandro oses to evaluate the above referenced pre-design issues and prepare a pre-design report for p P the Glover Road reservoir expansion for a lump-sum fee of$12,000. TASK 2.0 PROFESSIONAL DESIGN SERVICES 2.1. LAND SURVEY WestLandro oses to prepare a topographic survey and base map showing existing culture associated p P with the existing water plant. The proposed survey area will encompass the entire existing site including �(T.Proposals\t566-Flip-Mesa Reservoir Expansion prop.doc 2343 E. Broadway Blvd., Suite 202 Tucson, AZ 85719 520.206.9585 Fax 520.206-9518 Mr. Robert Jacklitch February 7, 2002 Page 2 the adjacent rights of way. This data and base map will be prepared for use on all of the site plans associated with the project. 2.2. LANDSCAPING PLAN WestLand proposes to prepare salvage, planting and irrigation plans with details and specifications for review and approval by the Town of Oro Valley. The plans and specifications will indicate sizes, quantities and locations for all proposed plantings and irrigation equipment. The landscape plan will also address the proposed location of a new site enclosure and aesthetic treatments of said enclosure. The intent of the landscaping portion of this project is to provide a visual buffer between the new reservoir and the adjacent properties. Additional remedies or public participation/coordination services can be provided upon request and are not included in this scope of work for this project. 2.3. STRUCTURAL ENGINEERING WestLand proposes to provide professional structural engineering services required for the design of the project. Services will include complete detailed structural design for the proposed 0.5 MG welded steel potable water reservoir and concrete ring wall. All associated reservoir design will be per the latest AWWA D-100 standards. All structural calculations will be provided to the OVWU in report format for review and approval. 2.4. ELECTRICAL ENGINEERING WestLand proposes to provide professional electrical engineering design services relating to the relocation of the existing level sensor on the existing southern reservoir to the new reservoir. 2.5. GEOTECHNICAL ENGINEERING WestLand proposes to provide a professional geo-technical engineering report to evaluate the existing soil conditions at the site. From this information we propose to evaluate and provide recommendations for the over-excavation and re-compaction requirements beneath the proposed reservoir. Additionally, we propose to evaluate the slope stability of the existing soils and provide the criteria for slope treatments associated with the grading operations required for the project. 2.6. SITE CIVIL ENGINEERING WestLand proposes to provide site civil design for the project. The design will include demolition plans for the existing reservoir. Project phasing plans for reservoir construction will be provided to assure the system will maintain pressure during all phases of construction. Our proposal also includes the installation of a new PRV at the Copper Creek booster station and the redesign of a new overflow system that will convey the reservoir drainage offsite. The plans and specifications for the project will include site grading, site piping, and connection details required for the construction of the project. Additionally, Q:\Proposals\1566 High Mesa Reservoir Expansion prop.doc Mr. Robert Jacklitch February 7, 2002 Page 3 WestLand proposes to provide the services listed in Task 2.0 above for a lump-sum fee of$45,500. TASK 3.0 CONTRACT ADMINISTRATION AND PROJECT MANAGEMENT Our scope of services for this task is based-upon our experience in implementing projects for the OVWU and meetings with OVWU staff regarding expected levels of effort for project management. We have broken down the expected levels of staff effort for these services by task for appropriate personnel in • Table 1, as follows: Table 1. Staff Work Effort Matrix Project Project Project Manager Engineer Inspector Administration Task Identification (Hours) (Hours) (Hours) (Hours) Coordination and Meetings 10 10 1 Pre-Bid Meeting 2 2 2 1 Issue Addenda(If Required) 1 5 1 Bid Related Q&A 2 10 5 Bid Opening 1 2 1 Bid Tabulations 2 1 Council Communications 2 1 Issue Notice of Award f 2 1 Pre-Construction Meeting 2 2- -- 2 1 Issue Notice to Proceed 2 1 Review Submittals 15 10 Technical Resolutions 40 40 5 Pay Request Evaluations20 20 4 Final Walk Through 5 5 'As Constructed'Drawings 5 10 10 Engineers Certificate of Completion 2 5 5 1 Final PCDEQ Submittal I - 2 5 1 SUB-TOTAL 28 134 104 20 WestLand's expected levels of effort and staff classifications are shown above in Table 1. Due to the fact . that it is difficult to quantify the level of effort required for all of the tasks listed above, we propose to provide the services listed for this task on a time-and-materials basis per the attached rate schedule. Using the staff requirements shown above, our fee is estimated to be $21,350; therefore, we propose to provide these services on a time-and-materials basis with a budget of $24,000. This budget number includes reimbursable items such as reproductions and mileage. • Q:\Proposals\1566 High Mesa Reservoir Expansion prop.doc Mr. Robert Jacklitch February 7, 2002 Page 4 TASK 8.0- CONSTRUCTION INSPECTION Due to special nature of the improvements proposed, WestLand proposes an extensive effort to fully inspect the project for the water utility and to submit an Engineer's Certificate of Completion to the Arizona Department of Environmental Quality. We propose to provide civil, structural, and electrical inspection services for the entire project. Our inspectors will spend an average of 20 hours per week for the inspections throughout the project duration. Based upon the above-described services, WestLand proposes to inspect the project for a lump-sum fee of $16,000. SUMMARY A summary of the tasks described above are shown below in Table 2: Table 2. Task Summary Task st Task 1. Pre-Design Services $12,000 Task 2. Professional Design Services $45,500 Task 3. Contract Administration and Project Management $24,000 Task 4. Construction Inspection $16,000 TOTAL $97,500 WestLand appreciates the opportunity to provide this proposal to the OVWU and hopes to continue our workingrelationshipon this and future projects. If you have any questions regarding our scope of services, or if additional information is needed, please do not hesitate to contact me. Respectfully, WestLand Resources, Inc. at.I� Thomas A. Martinez, P.E. Principal TAM:bel Attachment: Billing Rate Schedule cc: Mark F. Taylor, P.E., WestLand Resources, Inc. Q:\Proposals\1566 High Mesa Reservoir Expansion prop.doc D TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 3, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Jim Hossley Stormwater Division Manager SUBJECT: Resolution No. (R) 02-27 Project No. OV 30-00/0120 A resolution of the Mayor and Council of the Town of Oro Valley, Arizona, authorizing and approving the execution of the Intergovernmental Agreement (IGA) between the Town of Oro Valley and the Arizona Department of Transportation (ADOT), Intermodal Transportation Division for design funds for Calle Concordia safety improvements:Oracle Road to Calle Loma Linda. Background: This project involves an IGA between ADOT and the Town for the design funds for the Calle Concordia safety improvements: Oracle Road to Calle Loma Linda. The Town of Oro Valley receives Federal Transportation Funds through the Pima Association of Governments (PAG). Because the project is Federal-Aid Hazard Elimination System (HES) funded,the administration will be done by ADOT. The scope of this project will include the design of a three-lane roadway section in the vicinity of Canada del Oro High School, drainage improvements, bike lanes and sidewalks as well as completion of an environmental determination. The proposed design will conform with recommendations in the "Traffic Safety Study for Calle Concordia from Oracle Road to Calle Loma Linda in the Town of Oro Valley"prepared by the traffic engineering consulting firm Daniel,Mann,Johnson and Mendenhall. The following is the cost sharing break down: Federal Aid Funds $60,000 Town Share $3,000 + $5,174(per consultant contract) In September 2001, Mayor and council approved a contract with Stantec Consulting, Inc. for $68,174 to prepare 100%plans,specifications and cost estimate for this project. ATTACHMENTS: 1.Resolution (R) 02-27 2.Copy Intergovernmental Agreement with ADOT TOWN of ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 FISCAL IMPACT: Funding for this project will be as follows: $60,000 from PAG design funds (FY 01/02) $ 8,174 from Town impact fees for design(FY 01/02) $515,000 from PAG funds (FY 02/03)is available to construct the project RECOMMENDATIONS: Department of Public Works and Legal staff have reviewed the proposed IGA and recommend approval through the adoption of the attached resolution. SUGGESTED MOTION: I move to approve Resolution Number(R) 02-27 Or I move to deny approval of Resolution Number(R)02_2 7 " 1,1 miradiemidie i. Hossley,Stormwater Div Manager /4) William A.Jans-.,P. Town Engineer Ail A . Chuck Swe-t,Town Manager RESOLUTION NO. (R) 02-27 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF THE INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE TOWN OF ORO VALLEY AND THE ARIZONA DEPARTMENT OFTR:ANSPORTATION (ADOT), INTERMODAL TRANSPORTATION DIVISION FOR DESIGN FUNDS FOR CALLE CONCORDIA SAFE TYIMPROVEMENTS: ORACLE ROAD TO CALLE LOMA LINDA. the designand construction of roadway improvements within the Town's right-of- wayWHER:IAS, d necessaryto the public health, safety, and welfare in order to provide for the safe an is effective movement of vehicular,pedestrian traffic and reduce flooding;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 execute an IGA between ADOT and the Town of Oro Valley for deslgn for the Calle Concordia Safety Improvements: Oracle Road to Calle Loma Linda. NOW THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA: Mayor is authorized to execute an IGA between ADOT and the Town of Oro Valley for That the y design for the Calle Concordia Safety Improvements: Oracle Road to Calle Loma Linda. PASSEDthe y AND ADOPTED byMayor and Town Council of the Town of Oro Valley, a Arizona this 3rdday of APRIL ,2002. Paul H.Loomis,Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier,Town Clerk Dan L. Dudley,Town Attorney Date Date JPA 02-13 APPROVAL OF THE TOWN OF ORO VALLEY ATTORNEY I have reviewed the above referenced proposed intergovernmental agreement, between the DEPARTMENT OF TRANSPORTATION, INTERMODAL TRANSPORTATION DIVISION, and the TOWN OF ORO VALLEY and declare this agreement to be in proper form and within the powers and authority granted to the Town under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this agreement. DATED this �/ day of �,t„.0 , 2002. fra k Art AI Town Attorney A. G. Contract No. KR02-XXXXTRN ADOT ECS File: JPA 02-13 Project: ORO-0-410/ SH281 01D Section: Calle Concordia Safety Improvements INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF ORO VALLEY THIS AGREEMENT is entered into , 2002, pursuant to Arizona Revised Statutes, Sections 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION, Intermodal Transportation Division (the "State") and the TOWN OF ORO VALLEY acting by and through its MAYOR and TOWN COUNCIL (the"Town"). I. RECITALS 1. The State is empowered by Arizona Revised Statutes Section 28-401 and 28-334 to enter into this agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this agreement and has delegated to the undersigned the authority to execute this agreement on behalf of the State. 2. The Town is empowered by Arizona Revised Statutes Section 9-240 and 48-572 to enter into this agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this agreement and has authorized the undersigned to execute this agreement on behalf of the Town. 3. Congress has authorized appropriations for, but not limited to, the design of streets and primary, feeder and farm-to-market roads; the replacement of bridges; the elimination of roadside obstacles; and the application of pavement markings. 4. Such project within the boundary of the Town has been selected by the Town and has been submitted to the Federal Highway Administration ("FHWA")for approval. 5. The only interest of the State in the project is in the acquisition of federal funds for the use and benefit of the Town by reason of federal law and regulations under which funds for the project are authorized to be expended. Page 2 JPA 02-13 agreement The work embraced bythis a reement and the estimated project costs are as follows: Design Safety Improvements to Calle Concordia. Estimated Design Cost $63,000.00 Federal Aid Funds(Safety Funds-Lump Sum) $60,000.00 Estimated Oro Valley Town Funds(SH281 03D) $ 3,000.00 The Town's participation artici ation amount listed above, is due and payable upon the execution of the agreement, and may be included with the return of this agreement to the State, at the address provided herein. THEREFOREin consideration of the mutual covenants expressed herein, it is agreed as follows: , II. SCOPE OF WORK 1. The cost oy of the analysis and design work covered by this agreement is to be borne by FHWA and the Town, each in the proportion prescribed and determined by FHWA. 2. Therefore, the Town agrees to set aside funds in an amount equal to the difference between the cost of the work provided for in this agreement and the amount of federal aid received. total 3. The State will reimburse the Town with federal funds for design work addressed under this agreement. any 4. The Town will providerequired preliminary engineering and planning studies, the environmental analysis design sis and desi n of the project. As required by the FHWA, the State will provide of the project plans, studies and related documents, and when appropriate provide design review comments, which will be incorporated into the design documents. 5. The Town mayrequest the State, as authorized agent for the Town, and all at Town expense, to certain work and prepare certain documents required by the Federal Highway Administration to perform P P qualify certain highway, bridge and railroad grade crossing projects for and to receive Federal funds. g y, Such work mayspecifically of, but is not s ecifically limited to, the review and approval of the Town prepared documents, the preparation of the analysis requirements for documentation of environmentalP P environmental categorical exclusion determinations; review of reports, design plans, maps, and specifications; geologic is materials testing and analysis; right-of-way related activities (when specifically authorized by, for and on behalf of the Town, and at no cost to the State) and such other related tasks essential to the achievement of the objectives of this agreement. 6. Should some unforeseen conditions or circumstances increase the cost of said work required, by a change in scope extent or sco a of the work called for in this agreement, the State shall not be obligated to incur any expenditure in the project. III. MISCELLANEOUS PROVISIONS 1. The State assumes no financial obligation or liability under this agreement. The Town assumes full responsibility for the design, plans and specifications, reports, the engineering in connection esp ty therewithcost over-runs and claims. It is understood and agreed that the State's participation is , confined solely to securingfederal aid; that any damages arising from carrying out, in any respect, the terms of this agreement modification thereof, shall be solely the liability of the Town and that the g or any g Town hereby agrees to save and hold harmless and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all cost and/or damage incurred by any of the above and from anyother damage to any person or property whatsoever, which is caused by any Page 3 JPA 02-13 activity, condition, or event arising out of the performance or nonperformance of any provisions of this agreement by the State, any departments,its de artments, agencies, officers and employees, the Town, any of its agents, officers and employees, of its independent contractors. Costs incurred by the State, any p y or any of its departments, agencies, officers or employees shall include in the event of any action, court costs, expenses of litigation or attorneys'fees. 2. This agreement sa h ll remain in force and effect until completion of the work and related deposits or reimbursements. 3g This agreement shall become effective upon filing with the Secretary of State. 4. This agreement may be cancelled in accordance with Arizona Revised Statutes Section 38-511. 5. The provisions of Arizona Revised Statutes Section 35-214 are applicable to this contract. 6. In the event of anycontroversy which may arise out of this agreement, the parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes Section 12-1518. 7. All notices or demandsupon an party to this agreement shall be in writing and shall be Y delivered in person or sent by mail addressed as follows: Arizona Department of Transportation Town of Oro Valley p Joint Project Administration Town Manager. La Canada Drive 205 South 17 Avenue, Mail Drop 616E 11000 N Phoenix AZ 85007 Oro Valley, AZ 85737 8. Attached hereto and incorporated herein is the written determination of each party's legal counsel that the parties are authorized under the laws of this state to enter into this agreement and that the agreement is in proper form. IN WITNESS WHEREOF, parties the have executed this agreement the day and year first above written. TOWN OF ORO VALLEY STATE OF ARIZONA Department of Transportation ByBy PAUL LOOMIS CATHERINE J. HEGEL Mayor Contract Administrator ATTEST By KATHRYN CUVELIER Town Clerk 02-013-LGVT-Oro Valley-Des-PassThru 21Mar2002 JPA 02-13 RESOLUTION BE IT RESOLVED on this 10th day of March, 2002, that I, the undersigned VICTOR M. MENDEZ, as Director r of the Arizona Department of Transportation, have determined that it is in the best interests of the State of Arizona that the Department of Transportation, acting by and through the Intermodal Transportation Division, to enter into an agreement with the Town of Oro Valley for the purpose of defining responsibilities res nsibilities for the acquisition of federal funds for the use and benefit of the Town to design Safety Improvements to Calle Concordia. Therefore, authorization is hereby granted to draft said agreement which, upon completion, shall be submitted to the Contractor Administrator for approval and execution. DAVID R. ALLOCCO, P.E. Asst. State Engineer Engineering Technical Group for VICTOR M. MENDEZ, Director TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: APRIL 3, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Brent Sinclair, AICP, Community Development Director Mary Hartz-Musgrave, Managing Librarian SUBJECT: Resolution (R)02-28 Intergovernmental Agreement Among the Town of Oro Valley, City of Tucson (Tucson-Pima Public Library), and Pima County Free Library District the for Operation and Maintenance of Oro Valley Public Library BACKGROUND: The Oro Valley Public Library will be an affiliate of the Tucson Pima Public Library (TPPL) system. TPPL is actually a department within the City of Tucson whose purpose is to administer and operate all member libraries p in the system. TPPL receives its funding from the City of Tucson and the Pima County Free Library District. Typically, the District pays TPPL 50% of the operating cost of the library system at the end of each budget year. The District receives its money from all Pima County property owners through a dedicated property tax. As an affiliate, Oro Valley would have the advantage of being connected to the overall TPPL system allowing )atrons to enjoy compatible, seamless service. However, some of these services will have an annual cost. Each of these services and costs are listed in the IGA. Staff has researched the cost of providing these services in- house as a stand-alone library rather than contract them through TPPL. Our research concluded that it is much more cost effective to contract these services through the TPPL system at the present time. The main benefit of being an affiliate is greater autonomy. Our library will be staffed with Oro Valley employees and managed under Oro Valley personnel and operating policies. We would also enjoy the flexibility of setting our own hours of operation as well as conditions for public use. SUMMARY OF THE IGA: The IGA is a three-way agreement between Oro Valley, TPPL and the Free Library District. In summary, here is the obligation of each party: FREE LIBRARY DISTRICT • Pay Oro Valley 50% of the cost of operation and maintenance of the library each year. Pima County staff has been suggesting a cap or limitation to this amount each year however, they have not provided any figure. As it currently stands, the attached IGA has no such limitation. • Payments are to be made to OV in quarterly reimbursements. IPPL • Provide integrated library service to the Oro Valley Public Library. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 (Includes standard services such as interlibrary loan capability, on-line computer networking links, etc.) • Provide collection processing services. (TPPL is the central processing center for ordering, processing and cataloging books and materials) • Provide computer and telecommunications related services. (Includes library database management, hardware and software maintenance and Internet service) • Provide circulation services. (TPPL provides centralized service for reserve notices and overdue notices) • Provide courier service between OV Library and other TPPL libraries. TOWN OF ORO VALLEY • Hire and manage a full-time staff to operate the library. • Pay the balance of the operations/maintenance costs plus all of the capital cost of the library. • Reimburse TPPL for the cost of providing the specified services SUGGESTED MOTION: I move to APPROVE Resolution No. (R)02-28 approving an Intergovernmental Agreement among the Town of Oro Valley, the City of Tucson (Tucson-Pima Public Library) and Pima County Free Library District for the operation and maintenance of the Oro Valley Public Library. i1 �' Man ging" ibrarian , , / ' ci- Community Deve opment Director / /2eze.Aer Town Manager Attachment: 1. IGA 2. Resolution RESOLUTION NO. (R) 02-28 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY, THE CITY OF TUCSON, AND THE PIMA COUNTY FREE LIBRARY DISTRICT TO DEFINE RESPONSIBILITIES FOR THE OPERATION AND MAINTENANCE OF THE ORO VALLEY PUBLIC LIBRARY. WHEREAS, pursuant to ARS § 11-952, the Town of Oro Valley is authorized to enter into and or renew an Intergovernmental Agreement for joint and cooperative action with the City of Tucson and/or the Pima County to define responsibilities for the operation and maintenance of the Oro Valley Public Library; and WHEREAS, both the Town and the City of Tucson are desirous of entering into this IGA which will provide local public library service to the Town with specialized library programs, reference services, and access to networks; and WHEREAS, the Pima County is desirous of entering into this IGA so that they may provide additional library services to County residents; and WHEREAS, it is in the best interest of the Town and its residents to approve the Intergovernmental Agreement with the City of Tucson and Pima County for a term ending June 30, 2002 with the opportunity to renew for an additional one (1)year; and WHEREAS, the approval of the execution of the Intergovernmental Agreement, attached hereto as Exhibit "1" and incorporated herein by this reference, will further this goal and is hereby determined to be in furtherance of the public health, safety, and welfare of the residents of the Town of Oro Valley. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Intergovernmental Agreement by and between the Town of Oro Valley, Arizona, and City of Tucson and Pima County defines responsibilities for the operation and maintenance of the Oro Valley Public Library for a term ending June 30, 2002. BE IT FURTHER RESOLVED that the Intergovernmental Agreement attached hereto as Exhibit "1" and incorporated herein by this reference, is hereby approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Intergovernmental Agreement. OVPL IGA Office of the Oro Valley Town Attorney/sib 3.25.2002 PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 3rd day of April, 2002. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney OVPL IGA Office of the Oro Valley Town Attorney/sib 3.25.2002 EXHIBIT "1" INTERGOVERNMENTAL AGREEMENT OVPL IGA Office of the Oro Valley Town Attorney/sib 3.25.2002 INTERGOVERNMENTAL AGREEMENT AMONG THE TOWN OF ORO VALLEY, CITY OF TUCSON (TUCSON-PIMA PUBLIC LIBRARY), AND PIMA COUNTY FREE LIBRARY DISTRICT FOR THE OPERATION AND MAINTENANCE OF THE ORO VALLEY PUBLIC LIBRARY Intergovernmental Agreement is entered into this day of This g g 2002, by among,, the Town of Oro Valley, a municipal g corporation, hereinafter called "Town," and the City of Tucson, a municipal corporation, hereinafter called "City" (TPPL), the Pima County Free Library District, a political subdivision of the State of Arizona, hereinafter called "District." WHEREAS, pby EREAS participation the "Town" and the "City" (TPPL) in this project will provide expanded benefits to the "Town" and its residents such as: local public libraryservice with 50% of the operating costs paid by the "District," specialized libraryprograms, reference services, access to countywide, state, p g and national interlibrary loan networks, professional consultation services, continuing education workshops for staff, coordination of countywide library co g pp development, the opportunity to participate in a countywide online system, p subject to conditions specified in this document, and other services which are not currently available within the Oro Valley town limits; and WHEREAS, the "District," through its Intergovernmental Agreement with the City of Tucson, will benefit from this by being able to provide additional library _ . services to Countyresidents through a new library which will be provided by the "Town" and the "District." WHEREAS, an Intergovernmental Agreement with Pima County and the Town of Oro Valley for Library Bond Proceeds for Construction of the Oro Valley Public Library was adopted by the Board of Supervisors on August 16, 1999, and p adopted bythe Mayor and Council of Oro Valley on September 1, 1999; and p y WHEREAS, the "City" (TPPL) maintains a free public library system in Tucson, and operates and maintains the free library system for the "District." IT IS THEREFORE MUTUALLY AGREED that the "City" (TPPL) shall assist the Town of Oro Valley with the administration and operation of the Oro Valley Public Library for the period beginning on , 2002 and ending on • 1 1 PURPOSE AND DEFINITIONS 1 .1 Purpose. 1 .1 .1 The purpose of this Agreement is to specify the duties and responsibilities of the "City" (TPPL), "District," and "Town" as they relate to the administration and operation of the Town of Oro Valley Public Library (OVPL) project. 1 .2 Definitions. 1 .2.1 "TPPL" means Tucson-Pima Public Library. "Opening of the OVPL and Opening Day." As used in this 1 .2.2 Op g Intergovernmental Agreement, "Opening of the OVPL" and "Opening nin Day" shall mean the date the OVPL is first opened Y to the public for providing library services. 1 .2.3 "OVPL" means 100% of the 15,000 square foot building (expandable to 25,000 sq. ft.) to be built. 1 .2.4 "Capital Improvements" means the permanent improvements p to the library and any fixtures attached there. 1 .2.5 "OVPL materials collection" means the books, magazines, media, electronic resources, and other materials, which are used by the library users. 1 .2.6 "Contents of the Library" means the furniture, shelving, equipment, and library materials collection, computers and like items. 1 .2.7 "Telecommunications" means the method of electronic transfer of information between the "Town's" library and the "City" (TPPL's) computer system. 1 .2.8 "Computer technology" means the hardware and software used to store and deliver information electronically between the "Town's" library and the TPPL's computer system. This includes the delivery of Internet related resources and databases to staff and public using the "Town's" library. 1 .2.9 "Operating costs" means all aspects of the operating budget which includes but may not be limited to personnel, collections (books, subscriptions to newspaper and magazines, multi-media formats, online subscriptions, and so forth), outside professional services, travel and training, memberships, telecommunications, and non-capitalized expenditures. This excludes all capital expenditures. 2 2 RESPONSIBILITIES PRIOR TO OPENING OF THE LIBRARY • Collection. A capital library materials 2.1 Initial Library Materials collection will start with at least 50,000 items and will be acquired for ' for opening of the library. The "City" the Oro Valley Public Library p g (TPPL) will be the purchasing agent a ent and "City" (TPPL) standards, policies and procedures,es and its attachments, attached hereto as • followed. The initial collection will Exhibit A, will be be selected by. staff using "City's" (TPPL) online system and Collection Development ty . materials with assistance ce from Oro Valley Public Library staff. Library willand processed at the "City" (TPPL) collection be acquired services department. The "City" (TPPL) will catalog and process the • assistance from Oro Valley Public Library staff. library materials with reimburse the "City" (TPPL) for these materials The "Town" agrees to „ on the opening day collection. The City and services, basedp . willprocess all purchased and donated items for (TPPL) catalog and item, calculations moredescribed in attached specifically $3.09 per • • due and payable within thirty-days (30) of the Exhibit B. Payment is p Y date of the billing. The "Town" has identified a location for storage of materials prior to opening of the library. • The "Town" shall fund the furnishing 2.2 Initial Furnishings. and equipping of the OVPL with the "City"(TPPL) and/or"Town" acting as purchasing agents. Payment shall be made to the "City" (TPPL) for y all costs incurredCity purchasing bythe in the furnishings and days within 30 da s of the City's invoice. The Library shall be furnished so that there is adequate seating for the public and shelving for a minimum of 50,000 books and other media. Furnishings shall be fully opening completedbyo ening of the library except as may be agreed upon by all parties in writing. 2.3 Initial Telecommunications. The "Town" shall fund the acquisition of the telecommunicationequipment e ui ment to be used in the OVPL. The City" s (TPPL) will technical specifications for data specify fY communications. The "Town" will specify technical specifications for voice communications. The "City" shall purchase and install fax and data 2.3.1 ty (TPPL) communicationequipment e ui ment (frame relay, Tl-line, and other rals and shall maintain the equipment and leased peripherals), lines through the "City"" (TPPL) or under agreements with outside vendors contracted by the "City"(TPPL). The "Town" shall reimburse the "City" (TPPL) for the cost of said equipment purchased or leased and installed based on the 3 purchase/lease price paidby the "City" or contracted vendor. "Town" and install voice 2.3.2 The shall purchasecommunications • through the Towns agreements equipment ment (telephones) th g q p with outside vendors. This includes the maintenance of e alread established infrastructure. equipment and th Y • • The "Town" shall fund the acquisition Initial Computer Technology. 2.4 I p to be used in the om uter terminals or of the c personal computers p . • "City" as purchasing agent. Libra with the (TPPL) Library "City" purchase and install computers and 2.4.1 The (TPPL) shall communication includingthe data related equipment • shall reimburse the "City" (TPPL) for the equipment.ment. The "Town" . q p leased and installed cost of said equipment purchased or q bythe price determined "City" based on the purchase/lease or contracted vendor. 2.4.2 All computers or terminals will have access to "City's" (TPPL) Wide Area Network and the "Town's" Wide Area Network. 3 OPERATION OF LIBRARY OVPL on and after the opening The "Town" shall operate the of Public Librarystaff shall be administered OVPL. The Oro Valley • "Town" personnel policies, procedures, and according top • "Town's" Computer Usage, E-mail and ordinances, including the p • hereto as Exhibit C, and Internet Policy, attached its supplements. operating standards, policies, and The "City" (TPPL) library p g rocedures, attached hereto as Exhibit D, will be complied with to p uniformitythroughout the he extentpossible to insure operational t I with The Oro ValleyPublic Library staff will comply • system. ents in Innovative Interfaces, Inc.Tm proprietary items and requirements regards to the operation of TPPL's library database maintenance. the right to invoke its own Standards of The "Town" reserves g Operating g Procedures, • attached hereto as Exhibit E, and amend those procedures as necessary. 3.2 Hours of Operation • . The "Town" shall establish the OVPL's hours of • consideration given by the "City" (TPPL). operation with advice and p 4 • the opening of the OVPL, the "City" Cost and reimbursement. After p g „ 3.3 � charged to the Town. be responsible for tracking costs g • (TPPL) shallp in start-up book collection costs, which was covered Except for the st p . • and reimbursements will be billed after section 2.1 , all other costs • ' the fiscalyear beginning July 1 and the end of each quarter during _ . • will be due and payable within thirty (30) ending June 30. The costs days of the date of the billing.. The cost for books, magazines, and • actual costpaid by the "City" (TPPL). The other media will be the . • "District," and the "Town"will annually review and City (TPPL), the [district,the operating ng costs identified in this agreement to coincide update with the renewal of future Intergovernmental Agreements. 4 GENERAL OBLIGATIONS OF "CITY" (TPPL) The "City" (TPPL) shall: 4.1 Coordinate the selection, acquisition,uisition, and preparation of the ongoing materials collection for the Oro Valley Public Library, with Oro Valley Public Librarystaff, with costs charged back to the "Town" at $3.09 per item, plus the actual cost of the library material, calculations more specifically described in attached Exhibit B. p Y • between the Oro Valley Public Library and 4.2 Provide courier service other TPPL libraries for $7,000per• year, calculations more specifically described in attached Exhibit B so that TPPL books and other resources may be borrowed and returned by all Pima County residents. 4.3 Provide Circulation Services with costs charged back to the "Town" material item, calculations more specifically at $.22 per library described in attached Exhibit B. These services include: sending out hold, overdue and fine notices to customers, servicing collection agency accounts, supplying and library card applications and cards to be used byOro Valley Public Library when issuing library cards. public copier and computer printer service, under an 4.4 Provide p agreement with an outside vendor, contracted with the "City" Costs for copier and computer printer service will be (TPPL). p , charged back to the "Town" based on the terms of the vendors contract at $350.00 a month, calculations more specifically described in attached Exhibit B. 5 4.5 Provide telecommunications (not voice) and computer technology will "City" with costs charged back to the beprovided by the C ty (TPPL), "Town's"" librarymaterials collection, "Town" er item in the Towns at p ' specificallydescribed in attached Exhibit B. The calculations more"Town" will pay its share ofadditional telecommunications and any computer technology leased bythe "City" (TPPL) as determined by the "City" or contracted vendor. Telecommunications includes services to connect the "Town's" library to the "City's" (TPPL) network, and could be a T-1 line, DSL services, wireless, cable, or other leased service. Computer technology includes any software p or licenses required providing ovidin Internet, network, circulation, firewall, security and application software for staff and public using the Oro Valley Public Library. 4.6 Own the on-line computer system, library central site hardware and software, web links, the librarycatalog, and the library circulation database in relation to Section 6.9. Public Library Provide Oro Valley with online library service modules for circulation, the library catalog, database maintenance, management information, serials, and acquisition of materials. 4.8 Provide standard computer training, database preparation, and ongoing installation assistance. 4.9 Connect Oro ValleyPublic Library Staff to the "City" (TPPL) Wide purposes ur oses of e-mail, communication with "City" Area Network p „ staff, and office application software. Work with Town (TPPL) technology staff to connect Oro Valley Public Library Staff to the "Town" Wide Area Network. Actual licensing costs will be charged back to the "Town" and to the "District." 5 ADMINISTRATIVE COORDINATION 5.1 The "City"(TPPL's) Technology y Administrator (Library Administrator) (TPPL's will coordinate all aspects of the library system technology p management with the "Town's" technology staff. The Library Administrator will communicate with the contract vendor on behalf Valley Public Library. The Library Administrator will also be of the Oro V y rY responsibleperiodic for back up of the library system, coordinating and loadingsoftware releases, for ongoing training and consultation with the "Town" Managing Librarian, and for maintaining system security. 6 5.2 The "City" (TPPL) administration will address policy issues or issues with a district-wide significance,icance, in consultation with the "Town." In case of a dispute, Library the Director and the Town Manager, or their authorized representatives, will meet within fifteen (15) days to resolve the matter. 6 GENERAL OBLIGATIONS OF THE "TOWN" The "Town" shall: services to all residents of Pima County, on the 6.1 Provide free library conditions as areapplicable to "Town" residents. same terms and 6.2 Consider and cooperate with any reasonable conditions or restrictions, which the "City" (TPPL) imposes oses with respect to loans of books, materialsequipment ore ui ment to the extent possible to insure operational uniformity throughout the system. efforts to collect reimbursement from patrons who 6.3 Make reasonable lose or damage librarybooks, materials or equipment, following "City" (TPPL) circulation policies and procedure. 6.4 Comply with "City's" (TPPL) Policies and Procedures and standards, attached hereto as Exhibit D, governing circulation, reference, Interlibrary Loan, and system-wide programs to the extent possible to insure operational uniformity throughout the system. 6.5 Respond to intra-libraryand interlibrary loan requests from "City" (TPPL) and other libraries. 6.6 Purchase, install and maintain additional furnishings required by the library for future fiscal years. 6.7 Own its own web links, all on-site telecommunication, and computer hardware and software in relation to Section 4.5. 6.8 Make any modifications at the Oro Valley Public Library, which are needed to accommodate equipment, including providing adequate electrical wiring, and assist the "City" (TPPL) in connecting the local equipment to the system. 6.9 Use "City's" (TPPL) on-linecomputer system to provide library system functions at the Oro ValleyPublic Library. Telecommunications must be compatible with "City's" (TPPL) computer system. 7 6.10 Agree to use "City's"'s" (TPPL) Internet gateway for public Internet access and to comply with "City's" (TPPL) Internet Use Guidelines, attached hereto as Exhibit F, at the library. 6.11 Agree to reimburse the "City" (TPPL) for the ongoing material collection development services per Sections 2.1 and 4.1 . 6.12 Agree to reimburse the "City" (TPPL) for courier services per section 4.2. 6.13 Agree to reimburse the "City" (TPPL) for Circulation Services per section 4.3. 6.14 Agree to reimburse the "City" (TPPL) for telecommunications (not voice) and computer technology per Section 4.5. 6.15 Appoint an Oro Valley resident as a liaison to the Tucson-Pima Public Library Board. 6.16 Attend regularly and take part, through its Oro Valley Public Library Staff, in appropriate "City" (TPPL) system-wide committee meetings, training opportunities, and participate in system-wide projects as established by library administration in addition to meetings, training sessions and projects established by the "Town." 7 GENERAL OBLIGATIONS OF THE "DISTRICT" The "District" shall: 7.1 Provide free library services to all residents of Pima County, on the same terms and conditions as are applicable to "Town" and "City" residents. 7.2 Agrees to reimburse the "Town" for 50% of the operating costs of the libraryafter Opening Dayon a quarterly basis. Payment is due and p g payable within thirty-days (30) of the date of billing. 8 LIBRARY PERSONNEL 8.1 Oro Valley Public Library staff shall be employees of the Town of Oro Valley. Such employees shall be placed in town positions and salary ranges as identified by the "Town." The Oro Valley Public 8 report to the Director of Community Managing Librarian will p Library Development for Oro Valley. 8.2 The "Town"will select, hire, evaluate, and discipline Oro Valley Public Library staff. "City" (TPPL) will assist in providing library training. The "Town"will provide personnel and standard town training. Staff will be ineligible for 8.3 Oro Valley Public Librarynon-competitive, within "City" through the City of Tucson's promotions offered ty (TPPL) to other"City" (TPPL) Civil Service system, and may not transfer libraries. "City" (TPPL) staff may not transfer to the Oro Valley Public Library. 9 ACCESS TO DATA 9.1 The "Town" agrees that full and free access shall be allowed to the information stored in the online system relating to the biblio • graphical descriptions of library materials at the Oro Valley • to the holdings, availability, and circulation Public Library relating g status of such library materials. state law, the "Town" agrees to maintain the 9.2 In compliance with confidentiality of the information stored in the system relating to patrons (see ARS X41-1354). 10 NOTICES Notices required pursuantIntergovernmental to this Inter overnmental Agreement shall be class mail, postage prepaid, to the following: given by firstp g Forth the Tucson-Pima Public Library ("City" (TPPL)): Director of Tucson-Pima Public Library Tucson-Pima Public Library 101 North Stone Ave Tucson, AZ 85701 theFor County Pima Free Library District ("District"): Pima County Director of Community Resources 32 North Stone, 16th Floor Tucson, AZ 85701 9 For the Town of Oro Valley ("Town"): Town Manager Town of Oro Valley 11000 North La Canada Drive Oro Valley, AZ 85737 CC: Town Attorney 11 RECIPROCAL INDEMNIFICATION defend and hold harmless every other party, Each party shall indemnify, their governing bodies and their officers and employees from and against or damages of any kind, including defense costs any and all suits, claims g and expenses, arising out ofagreement this a reement which are alleged to arise out of or are attributed to anyact or omission of that party, its governing body, officers, employees, and agents. 12 GENERAL TERMS & CONDITIONS parties Conformance. The to this Agreement shall comply with all federal, state, and local laws, rules, standards, and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the theparties, the performance of this Agreement and any rights of disputes hereunder. Anyaction relating to this Agreement shall be brought before an Arizona court. The parties shall not discriminate against any 12.2 Non-discrimination. employee, or any client other individual in any way because of race, age, creed, color, religion, sex, handicap, or national origin in the course of carrying the parties' duties pursuant to this �"y . Agreement. The parties mutually agree to comply with the provisions of the Arizona Executive Order 75-5, as amended by Executive Order 99-4. 12.3 Americans with Disabilities Act. The parties shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 10 , 1-33b 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 10 12.4 Effective Date. This Agreement shall be effective upon execution by allarties and filingof the original hereof with the Office of the Pima p County Recorder. This Agreement shall be for the period beginning on the date of execution by all parties to this Agreement and ending June 30, 2002. At the request of either party, the Agreement may be extended to a period of sixty (60) days to permit the opportunity to renew the Agreement for an additional one (1 ) year period. 12.5 Termination. This Agreement may be terminated upon mutual agreement of the parties with sixty (60) days written notice. Upon termination or expiration of this Agreement, or any extension thereof, the owner of each facility shall remain vested with title to that facility, and all equipment, supplies, and library materials inventoried to that facility. 12.6 Cancellation. Pursuant to ARS § 38-511 , the parties may cancel this Agreement within three (3) years after its execution, without penalty or further obligation by the parties if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Agreement on behalf of the parties is, at any time while the Agreement is in effect, an employee of any other party to the Agreement in any capacity or a consultant to any other party of the Agreement with respect to the subject matter of the Agreement. 12.7 Severability. If any provision of this Agreement or the application thereof to any party or circumstance shall be held by a court to be unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. 12.8 Arbitration. Any dispute arising under this Agreement, which is not settled among the parties, may upon mutual agreement be decided by an Arbitration Board composed of a representative of each party mutually acceptable to each party. 12.9 Amendment. This Agreement contains the entire agreement between the parties and it may not be modified, amended, altered, or extended except through a written amendment signed by the parties. 11 IN WITNESS WHEREOF, we have hereunto set our hands the day and year first written above. PIMA COUNTY FREE LIBRARY DISTRICT: Chair, Board of Library District CITY OF TUCSON: TOWN OF ORO VALLEY: Mayor Mayor ATTEST: ATTEST & COUNTERSIGNED: City of Tucson Clerk Town of Oro Valley Clerk Pursuant to ARS § 11-952(D), the attorneys for the parties have this day of , 2002 determined that the foregoing Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Assistant City Attorney Town Attorney 12 EXHIBIT A Tucson-Pima Public Library Collection Development Policy This Exhibit contains six (6) pages. This full exhibit in its entirety is available in the Town Clerk's Office. EXHIBIT B Annual Cost Notes for the Oro Valley Library This Exhibit contains one (1 ) pages. This full exhibit in its entirety is available in the Town Clerk's Office. EXHIBIT C Town of Oro Valley Computer Usage, E-mail and Internet Policy This Exhibit contains five (5) pages. This full exhibit in its entirety is available in the Town Clerk's Office. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 3,2002 TO: HONORABLE MAYOR& COUNCIL FROM: Jose N. Rodriguez,P.E., Project Manager/Civil Engineer SUBJECT: Resolution (R)02-29 Award of contract for Project No. 0V30 99/00-07 Pecan Place Box Culvert S Y: The work is located alongand across Lambert Lane, east of Pecan Place. This project involves installing two - 6 ft. by5 ft. by 161 ft. and one - 6 ft. by 4 ft. by 36-inches. reinforced concrete box culverts with associated inlet and outlets; and other incidental Furthermore as part of this contract, a 12-inch water main will be relocated for work. horizontal and vertical clearance with a new 12-inch ductile iron main. In response to the advertisement for bids,the Town received two bid proposals. The bidp were ro osals opened by Town staff at 10:00 A.M. Tuesday,March 26,2002. P p The following is a summary of the bids received along with the engineer's estimate: 1. Falcone Brothers,Inc. I Box Culverts $342,139.00 II} 12-inch Water Main $47,500.00 2. Hunter Construction I)Box Culvert $396,639.00 II 12-inch Water Main $47,500.00 Engineer's Estimate I)Box Culvert $325,000.00 II 12-inch Water Main $40,500.00 ATTACHMENTS: Resolution(R)02-29 t TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 3, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: David Ronquillo, Planner I SUBJECT: OV5-02-01, PUBLIC ART PROPOSAL FOR THE ALBERTSONS STORE; LOCATED ON THE NORTHEAST CORNER OF FIRST AVENUE AND ORACLE ROAD, PARCEL #220090260 SUMMARY: Linda Storey-London, the artist, has proposed two (2) paintings inside the Albertsons Store. The paintings will produce the same narrative sketch with the title "The Iron Door Mine in Time". The first, an oil canvas, will measure 2'x12' in the foyer area on the southeast side of the store. The second, a vinyl reproduction, will measure 8'x50' on the northeast wall of the store. The two paintings will be anchored to a wall and provide a Demar varnish to protect the finish of the artwork. STAFF REVIEW: The proposal meets the 1% of construction cost requirement and will be available for public use more than 40 hours a week. PUBLIC ART REVIEW COMMITTEE (PARC) ACTION: The PARC met with the artist at their regularly scheduled meeting of March 4, 2002. PARC voted by a majority(3-0) to recommend approval of the proposed artwork for this store. RECOMMENDATION: Staff recommends approval of the proposed public art with a condition that the applicant provide a designated area for public viewing within the foyer area. SUGGESTED MOTIONS: I move to approve OV5-02-01, Proposed Public Art for the Albertsons Store, with a condition that the applicant provide a designated area for public viewing within the foyer area. OR I move to deny OV5-02-01, Proposed Public Art for the Albertsons Sto - finding that: Attachments: plan , Pla 1. Floor • •' Zonin: i dministrator 2. 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'',':' ,37,-i ,:-:,.... ...: ,;• .11: :-..,..• , .,IT 1 ;-."."..". ________ . , • , ----1.------ =1 ,... 2 rri ; LEVEL REVISIONS DATE c3x) m 3> x) TITLE, SCULPTURE < 3> fr, — 3> CUSTOM DOORS M 7.1 ( 411011/11k 147FOUNTAINS FABRICATION -ri ALBERTSON'S_ORO_VALLEY 1 - td URCHITECTURAL DESIGN FLOOR_PLANE 6 x Z 3> ru x M r0 x 219 S. SIESTA LANE TEMPE, ARIZONA 85281 m PHONE:480.894.9369 FAX:480.967.5883 SCALE: NONE II II IOI 1 II II IDI 1 on g °O �,cv_ 2 5. m 91 a 0 C, �_ 0 r- -< O r O c -I si' . w.:t: O -o o i fD i. arn D vr o O z , O (n m O K A fD il r 1 a a 1 Q 1 0 If lC=l 1 11 II IDI I a 0 Cl) p p LEVEL REVISIONS DATE SCULPTURE O m TITLE: CUSTOM DOORS ,�— 7'1 FOUNTAINS Z Z ALBERTSON'S_ORO—VALLEY FABRICATION TO WWARCHITECTURAL DESIGN 1--- Z 0 U, •• FLOOR_PLANE m • N x 219 S. SIESTA LANE TEMPE, ARIZONA 85281 PHONE:480.894.9369 FAX:480.967.5883 SCALE: NONE TOWN OF ORO VALLEY COUNCIL CONIlVIUNICATION MEETING DATE: April 3, 2002 TO: HONORABLE MAYOR &COUNCIL FROM: Shirley Seng,Utility Administrator SUBJECT: Acceptance of the Oro Valley Water Utility Commission Annual Report date April 2002 SUMMARY: Pursuant to the Oro Valley Town Code Article 15-4-5,the Oro Valley Water Utility Commission is to render an annual report to the Town Council on or before April 1st. Attached is a copy of the Oro Valley Water Utility Commission Annual Report dated April 2002 for your review and consideration of acceptance. This report is the Commission's fifth annual report. It includes recommendations related to revenue requirements, rate adjustments, renewable water supplies, water conservation, debt service, and capital improvements. It also provides an overview of the utility's accomplishments during the past year. As in past years, the Commission and staff look forward to discussing the annual report with Council in a joint study session in April. FISCAL IMPACT: Acceptance of the annual report has no fiscal impact Any recommendations contained within the report that have revenue and expense implications will be brought to Council for action on an individual basis. COMMISSION RECOMMENDATIONS: The Water Utility Commission respectfully recommends that Mayor and Council accept the Oro Valley Water Utility Commission Annual Report dated April 2002. STAFF RECOMMENDATIONS: Staff concurs with the Water Utility Commission recommendation. ATTACHMENTS: 1. Oro Valley Water Utility Commission Annual Report dated April 2002 SUGGESTED MOTION: I move to accept the Water Utility Commission Annual Report dated April 2002. 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Aim ',+ , rr s baa 11111: • ‘;'4. , 1 - r , 01111,1000'4.,----„,,, \ NV-Lk Y 4,ft 4 , a t >'''' 04 fat, `414./Ni)ro•\`� 1 • • • 411 TOWN OF ORO VALLEY • WATER UTILITY COMMISSION • ANNUAL REPORT i • APRIL 2002 � ORO VALLEY TOWN COUNCIL • Paul Loomis, Mayor Fran LaSala, Vice Mayor Richard Johnson, Council Member � Bart Rochman, Council Member r,, Werner Wolff, Council Member • ORO VALLEY WATER UTILITY COMMISSION • • Michael Caporaso, Chair • Leo Leonhart, Vice-Chair • Gordon Byrnes, Member ek John Dohogne, Member Gregg Forszt, Member Jennifer Gillaspie, Member LaQuita Stec, Member Wendell Yoder, Finance Subcommittee •• TOWN STAFF � Chuck Sweet, Town Manager tio Alan Forrest, Water Utility Director et Shirley Seng, Utility Administrator r"` David Andrews, Finance Director 41 Ron Kozoman, CPA, Consultant � Special recognition to OVWU staff who provided information, graphics, photos and, most of • all, their time to assist in the preparation of this report: • Mary C. Kobida George Kendrick Charles Soper Iris Chaparro Carolyn Schneider Robert Jacklitch � Edgar Rivera Jeff Kane • i • s • ao � TABLE OF CONTENTS t • TOWN OF ORO VALLEY � WATER UTILITY COMMISSION � ANNUAL REPORT S APRIL 2002 • • 46 SECTION TITLE PAGE i List of Acronyms i � Index of Appendices ii Executive Summary 1 i � Preferred Scenario 5 • Renewable Water Resources 7 � Renewable Water Resources Surcharge 11 O Conservation 12 • • Water Quality 13 • Water Supply 16 • Revenue Requirements 18 0 &M Debt Service Requirements 19 • Capital Improvements 20 Recommendation on Water Rates 23 i lo,, Financial Summary 25 • Alternate Financial Scenarios 26 • Conclusion 27 • Appendices 1r- LIST OF ACRONYMS 1 a � TOWN OF ORO VALLEY � WATER UTILITY COMMISSION i ANNUAL REPORT • APRIL 2002 • LIST OF ACRONYMS USED IN THIS REPORT ADEQ Arizona Department of Environmental Quality ADWR Arizona Department of Water Resources • AF Acre Feet CAGRD Central Arizona Groundwater Replenishment District i CAP Central Arizona Project et � CCF One Hundred Cubic Feet (1 ccf = 748 gallons) CIP Capital Improvement Plan 41COLA Cost of Living Allowance EPA Environmental Protection Agency FTE Full Time Employee 41 FY Fiscal Year GOVAC Greater Oro Valley Arts Council GPCD Gallons Per Capita Per Day a GPM Gallons Per Minute IGA Intergovernmental Agreement IOC Inorganic Compound MCL Maximum Contaminate Level IP MDWID Metropolitan Domestic Water Improvement District • NAS National Academy of Science +�► NDWAC National Drinking Water Advisory Council � O&M Operations &Maintenance S OVWID#1 Oro Valley Water Improvement District#1 • OVWU Oro Valley Water Utility � POE Point Of Entry so PQL Practical Quantitation Limit � PVC Polyvinyl Chloride • RWR Renewable Water Resources • SARWMS Southern Arizona Regional Water Management Study � SCADA Supervised Control And Data Acquisition • SOC Synthetic Organic Compound A TCE Trichloreoethylene • TTHM Total Trihalomethanes • VOC Volatile Organic Compound � pCi/L Picocuries Per Liter • ppb Parts Per Billion • ppm Part Per Million • a i • • INDEX OF APPENDICES • • TOWN OF ORO VALLEY • WATER UTILITY COMMISSION � ANNUAL REPORT � APRIL 2002 � APPENDIX � A. Preferred Financial Scenario B-5 • 1) Assumptions 2) Summary � 3) Enterprise Fund 5-Year Projected Net Income Statement � 4) Enterprise Fund 5-Year Projected Debt Service Statement � 5) Enterprise Fund 5-Year Projected Cash Flow Statement B. Water Quality • 1) Water Quality Monitoring Schedule for Year 2001 ek 2) Water Quality Testing Results 4111 C. Water Supply 1) Static Water Level Measurements i D. 5-Year Capital Improvements Plan et. 1) Existing System Improvements � 2) Expansion Related Improvements � E. Proposed Rate Schedules • 1) Proposed Rate Schedules 2) Tables for Monthly Charges or F. Alternate Financial Scenario B-3 • 1) Assumptions 2) Summary • 3) Enterprise Fund 5-Year Projected Net Income Statement 4) Enterprise Fund 5-Year Projected Debt Service Statement • 5) Enterprise Fund 5-Year Projected Cash Flow Statement 6) Table for Monthly Charges • G. Alternate Financial Scenario B-2 • 1) Assumptions 2) Summary 3) Enterprise Fund 5-Year Projected Net Income Statement 10 4) Enterprise Fund 5-Year Projected Debt Service Statement � 5) Enterprise Fund 5-Year Projected Cash Flow Statement 6) Table for Monthly Charges • H. Utility Statistics for Calendar Year 2001 IP � ii EXECUTIVE SUMMARY TOWN OF ORO VALLEY WATER UTILITY COMMISSION ANNUAL REPORT APRIL 2002 INTRODUCTION In October, 1996 the Oro Valley Town Council (Mayor and Council) formed the Oro Valley Water Utility Commission (Commission) to act as the official advisory body to the Mayor and Council regarding water related issues. The functions and duties of the seven member commission include reviewing and developing recommendations for water revenue requirements, water rate and fee structures, and water system capital improvement planning. The Commission is required to prepare an annual report to the Council regarding its recommendations. This report is the Commission's fifth Annual Report. It includes recommendations related to water conservation, revenue requirements, system operations and maintenance, debt service, a five-year capital improvements plan, rate adjustments and renewable water supplies. It also provides an overview of the utility's accomplishments during the past year. fb 9 This Executive Summary contains a briefing on the implementation of the recommendations � presented in the 2001 Annual Report as well as new recommendations specific to water � issues facing the Town in FY 2002-2003 and beyond. Explanations and financial analyses � that are more detailed may be found in the body of the report and the appendices. 1 t • � WATER RATES � The rates recommended by the Commission last year were adopted by Mayor and Council in July 2001. Implementation of those rates provided a 7% revenue increase resulting in a 6.7% rate increase for the average residential customer. The Commission's preferred revenue scenario and rate design for the upcoming fiscal year are discussed in detail in the body of the report. Based on the analysis of five year projected expenses and required revenue, the Commission recommends the following rate structure for FY 2002-2003: � ➢ Elimination of the"free" 1,000 gallons contained in the base rate. ➢ The monthly base rate to remain unchanged ranging from $12.00 to $1200.00 per month depending on the meter size. ) The Tier 1 commodity rate to remain unchanged at $1.90 per each 1,000 gallons for usage up to and including 10,000 gallons. ➢ The Tier 2 commodity rate to increase to $2.61 per each 1,000 gallons for usage between 10,001 - 25,000 gallons. This represents an increase of 26 cents per 1,000 gallons. ➢ The Tier 3 commodity rate to increase to $3.33 per each 1,000 gallons for all usage over 25,000 gallons. This represents an increase of 33 cents per 1,000 gallons. RENEWABLE WATER RESOURCES During 2001, the Town made significant strides toward its goal of serving future demands substantially with renewable water resources. Acting on its Renewable Water Resources (RWR) Plan completed in October 2000, the Town launched a vigorous effort to identify and secure new sources of renewable water that will ensure meeting the projected demand of 17,000 acre-feet (AF) by the year 2030. Specifically, on November 2, 2001, the Town approved a settlement agreement with the City of Tucson (Tucson)that provided rights to an additional 4,454 AF of CAP water. Additionally, based on the settlement agreement, the water utility estimates its annual entitlement to treated wastewater effluent will range from an initial 1,700 AF to a projected 4,000 AF in 2030. The Town also anticipates acquiring an additional entitlement to CAP water based on the reallocation of approximately 60,000 AF of unallocated CAP water with the State. The Town's estimated share of CAP reallocation is approximately 3,357 AF. The additional CAP allocations can be utilized to serve future potable water demands, non-potable uses or be recharged within the basin to offset overdrafts or for water banking credits. • These developments mark a significant first step toward full implementation of a Non- • Potable Turf Irrigation Alternative employing RWR (Phase 1 of the RWR Plan). At the present time, the Town is retaining the two options for turf water as identified in the RWR Plan. These are identified as Options A and B and represent utilization of CAP and reclaimed water respectively. It is anticipated; however, that the Town will move first to lb exercise Option B based on various logistical considerations that favor effluent utilization i within a shorter timeframe than CAP water. Nevertheless, it is anticipated that meeting the et projected water demand for the Town at build-out will require full utilization of all available renewable water supplies including both effluent and CAP water sources. 411 • RENEWABLE WATER RESOURCES SURCHARGE • Last year the Commission recommended that the utility implement a renewable water is resources surcharge. The surcharge will allow the utilityto set aside additionalfunds � g g to provide debt service for the bonds that will be issued to finance capital costs of the renewable 46 water system. A surcharge will facilitate accounting for and segregation of funds dedicated to construction and financing h ofthe system. As sudden, large rate increases can occur in the • '"k 2 WATER QUALITY The utility experienced only one water quality violation in calendar year 2001 for Total Coliform bacteria. The violation occurred in the Countryside service area in August. The system was disinfected and retests were negative for the bacteria. Of the hundreds of water quality samples tested annually, no contaminant was found to exceed the MCL other than that stated above. In September of 2001, the National Drinking Water Advisory Council (NDWAC) concluded that the Environmental Protection Agency (EPA) had done a"credible"job of calculating the • cost to water providers to implement a reduced drinking water standard for arsenic. The EPA s new ruling became effective February 22, 2002 with January 1, 2006 established as the compliance date for water providers to ensure that there is no more than 10 parts per billion (ppb) of arsenic in the water deliver to customers. The arsenic erformed they testing p "' in the Oro Valley service area resulted in "no detect" levels. The Countryside service area testing resulted in a level of 1.3 ppb of arsenic, still well below the new EPA standard. S • WATER SUPPLY • Groundwater levels continued to decline placing added emphasis on the importance of • delivering renewable water supplies for both potable and non-potable uses. During calendar • year 2001, the water production system operated at an average of 51.6% of its capacity while during peak months the system operated at an average of 62.9% of its capacity. It is important to note that during peak hours in the summer months, the system frequently operated between 95% - 100%of its capacity. • With the addition of a new well planned for the coming year, the increased capacity from two • replacement wells and the addition of over two million gallons of reservoir capacity, the • water production system should not be as stressed in the coming years. Removal of golf courses from the potable water system will also increase capacity for domestic use, thus tit reducing the number of new wells that will need to be drilled in the future. 111 4 The Oro Valley Water Utility Commission is proud to serve the Mayor and Council and • citizens of the Town of Oro Valley. We are pleased to present our Annual Report to the • Mayor and Council for consideration. While much has been accomplished in the past year, the Commission looks forward to direction from Mayor and Council regarding those items mentioned in the Executive Summary and detailed in the Report. We thank the Mayor and Council for their consideration, direction and guidance. • • 4 w •• • TOWN OF ORO VALLEY • WATER UTILITY COMMISSION ANNUAL REPORT s • � PREFERRED FINANCIAL SCENARIO The Commission has arrived at a recommendation that adheres to the sound financial criteria �w developed for the 1998 Annual Report. Described below, the preferred financial scenario • (Scenario B-5) also incorporates the elements of the other recommendations detailed in this � report. The Commission and staff performed extensive analysis of numerous scenarios prepared by a rate consultant at their direction. To enable the Commission to more fully understand the • long-term effect of identifiable future variables that impact the utility's financial resources, 411 estimates for revenue, O&M, capital expenditures and debt service have been forecast for a � period of five years. Examples of major future expenses with varying long-term impacts are: costs incurred with membership in the CAGRD; lost revenue from the removal of golf courses from groundwater; costs for necessary capital improvements to the water system; • growth factors; and debt service. Every effort has been made to employ the most accurate available data and reasonably conservative assumptions in the analysis of future financial • requirements. The Commission developed a set of parameters for the rate consultant to use in developing the preferred scenario. The parameters used for Scenario B-5 are as follows: 4II ➢ Revenue increases are proposed only when necessary and in an amount no more than necessary. ➢ Projected expenditures were adjusted for inflation, additional personnel, O&M, debt service and existing system improvements. • ➢ Financial criteria established in 1998 must be met, setting the foundation for sound • fiscal operation. • ➢ The capital improvements to the existing system in FY 2004-2005 will be financed by bond funds to be sold in FY 2003-2004. � ➢ The acquisition of CAP water rights will be financed by payment directly to the City � of Tucson until FY 2003-2004. This debt will be refinanced and combined with the • sale bonds for capital improvements. • ➢ Golf courses are expected to be removed from groundwater over a period of years commencing in FY 2004-2005. � ➢ Revenue projections include a residential customer growth factor of 575 in all five years. The FY 2002-2003 figure was projected based on anticipated growth for FY � 2001-2002. The figure for subsequent years is a conservative estimate based on the more recent trend in growth within the Town. � ➢ Expansion related revenue and expenditures are not considered for purposes of establishing rates. They are discussed separately in the report. 4111 � 5 1i RENEWABLE WATER RESOURCES The Southern Arizona Regional Water Management Study (SARWMS), a cooperative effort involving the Town, three other local �� .. water providers and the US Bureau of , �f g '� h` s F }, � Reclamation was completed in August 2000. The final report provided information on the -- wi .., . . cost of several prospective CAP water g ...0-.0 -7-- treatment methods. Slow sand filtration150 treatment turned out to have the lowest cost — - less than one-fourth the cost of conventional • '6` T 4 treatment. atm, Twin Peaks Pumping Plant In August 2001, local partners joined with the US Bureau of Reclamation to participate in the implementation of a CAP water quality treatment study. In this pilot study, a slow sand filtration system was used as a pretreatment method to a membrane filtration system. The system was installed at the Twin Peaks Pumping Plant on the CAP canal just north of Tucson. This testing procedure was used to evaluate the quality of water produced by this treatment methodology and to verify the cost of treatment. The initial results of this pilot project have demonstrated the effectiveness of slow sand filtration as a pretreatment to reverse osmosis (the standard method for removing salt). The final report and summary of findings is expected to be completed by June 2002. This coming year, the Town will continue to address tasks prerequisite for implementation of RWR Phase 1. Specifically, the Town will be implementing various interagency agreements related to the delivery of its newly acquired assets. Additionally, various conceptual studies will be performed by a consultant. These studies will involve issues related to alternative delivery locations, user/demands, hydraulics, pipeline routing and alignment, water quality, constructability, and customer impacts of the Non-Potable Turf Distribution System. The consultant will prepare preliminary construction cost estimates, assess the regulatory framework, and develop an implementation plan and schedule. A public meeting will be held to discuss findings of the consultant report. Other work that has been tasked to consultants includes preparation of revised water resource estimates for the service area. This is expected to provide important information particularly related to the estimate of net natural recharge, which is a key variable in determining the safe yield for the aquifer. During calendar year 2002, the Commission's RWR Subcommittee will assist the water utility in reviewing the Phase 1 assumptions that led to the formulation and selection of Options A and B. The subcommittee will also review the work products of consultants and assess impact of the conclusions and recommendations presented on the RWR Plan with the goal of the eventual preparation of a Master Plan for RWR. Figure 1 compares the water demands for both potable and non-potable uses in calendar year 2001 versus the projected demands in calendar year 2030. Figures 2 and 3 compare the composition of the water supply sources proposed to meet these demands in years 2001 and z W w w ,.4 r:".) H W H a • Ell H 4-4 rimmummummr\-------- \ 2_, 1 .. , . . E. z � ,,,,,o ai cv 44 CA P-, ›.4 H H Wrie H 111 t o a;: © ›.-4 CI,' CD 1° N CD P4 -4-, 0 ___\ ---\__ ---\ a) a) ,--, 0 0 0 0 -;-) O O O O II Cie‘ N pp -1-' C.. (iv) puirnicj w 8 H+ o � U o � a .o Q U Q O \....../ 11,1* :C7' < Irm' C44 oN ›..4 01. a 0 0 (NI ›.4 H � e U (40 (24 ' W H 1. 0 ›.4 ,'W W 0 U P4 +a'0a.) o ---� 4..1 W -4 8L2I ° rnN 0 U .� f:24 a c+-+ E 1 4-4 ' H U U II It II II MS �00 t' .= �o < E-+ C0 � �atrl Z Z 04 N 9 E—+ rO w V 0 0 w d- O ct 0 O a,c", CO N "': CD g ..,s3 . O p cv 0 r_, eO 0 as ......., _< � 0 .rrih1, N T C� M s';',1,111,,,,,,,, i rz4 cn >1'4 Csi-,4,.. 4 O kc?) w E-+ r) O Cr) O w N ›..1 r) C )... :: •.,• H i (24 a W t0 ›""i , 410 W i'!":7:: . '... . .,'.:- . .- Cd > k'''' .„k4,1 , _ .., . . ;, -t o co ,,, , ..,,,,.... .,i .4— 0 c.) 0 ...., P4 ,..4 .,. ....,,,, 0 > 0 csi vi I:,,(1: — gL., cn z N.9 cd a) rw t1) O O O cd y E-4 71- sefti' 1:17 01 O ctHUU II II II II < -4-. 0 - E--+ U U E—+ 0 czt 40 ZZP4N 10 2030 respectively. It should be noted; however, that despite the ownership of these various supply sources, considerable work and infrastructure will be required to complete delivery of these supplies to their respective points of use. It is important to emphasize that despite the Town's possession of these resources, at the present time they cannot be accessed. So the existing water demand must be served by means of the Town's municipal well field, with the exceptions of areas served by MDWID and Tucson Water via cooperative arrangements. RENEWABLE WATER RESOURCES SURCHARGE The Commission's 2001 Annual Report recommended to the Mayor and Council the establishment of a renewable water resources surcharge payable by all water consumers who will ultimately benefit from the future use of a renewable water source. Planning and implementation of a separate water rate surcharge to help finance the renewable water system is a priority for the utility in FY 2002-2003. The implementation of a surcharge for all water users is needed as soon as possible to build reserves to fund infrastructure costs, including debt service, for the development and delivery of renewable water resources. CH2M HILL, a consulting firm under contract with the Town, is currently preparing a separate study to review the issues associated with implementing the onsite non-potable renewable water distribution system infrastructure needs, associated costs and potential rate impacts. The anticipated renewable water resources surcharge will be billable to all water users, not only golf or turf users. The renewable water system will extend the life of available supplies of potable water for all water users. A separate commodity rate for non-potable sources is premature at this time since deliveries of renewable water are not expected for several years. The utility's existing impact fee for renewable water resource development will be reviewed at a later date, but that fund presently does not have sufficient balances or anticipated revenues to entirely finance the new system. The Town's overall policies relating to rates, impact and system development fees will be part of a comprehensive master plan financial study in the near future. The goal of that plan will be to develop recommended potable and non-potable pricing that balances the overall financial requirements of the water system with incentive pricing that encourages customers to voluntarily use the non-potable water sources. With the immediate objective of implementing the surcharge to start building capital reserves and the constraint that the overall financial plan for the utility's water system will not be ready in a few months, the priority is to achieve approval and implementation of a customer surcharge in the next fiscal year. Refinements to the level of the surcharge will become part of the annual water rate setting process. The Commission expects to forward a recommendation on the surcharge to Mayor and Council concurrently with the proposed water rates for FY 2002-2003. 11 CONSERVATION A short-term or ongoing conservation program can provide customers with information to assist them in understanding the importance of conserving water. During FY 2001-2002 the conservation program made significant progress toward its short-term goals. The Commission recommends that the utility continue to improve and expand these conservation efforts. The O&M expenditures for conservation are proposed to remain the same as last fiscal year for a total of$35,000 in FY 2002-2003. This will allow the utility to maintain its existing short-term conservation program which includes the following: ➢ Membership in Water CASA ➢ Employ a full time FTE to follow-up and maintain the conservation program by targeting commercial and public facilities and to assist with customer education, information and onsite visits or audits. Estimated salary of the FTE is $35,000 annually. ➢ Bi-monthly publication of the Oro Valley Water Ways conservation newsletter. ➢ Purchase educational materials such as workbooks, activity books and crayons for students. ➢ Provide a conservation booth at GOVAC events such as Arts & Crafts Fair, Jazz Festival, and Fourth of July celebrations to distribute conservation information, educational materials, retrofits, etc. ➢ Invite Parks & Recreation and other Town departments to participate in discussions and provide input as it relates to conservation issues with new parks. ➢ Continued modification of the water rate structure to promote conservation. ➢ Participate with the Town library to provide conservation and educational materials to Town residents. ➢ Miscellaneous/Other(workshops,training, other Town events that may arise) As referenced above, the Commission recommends that the utility establish and employ a full-time conservation staff position to begin implementing long-term goals, to maintain short-term goals and begin searching for additional funding through grants, donations, etc. This position was included as a long-term conservation goal in last year's annual report. The Commission reiterates its recommendation that a long-term conservation program be established to provide objectives and guidelines to minimize the decline of groundwater levels and to ensure that the Town has established codes where necessary for the protection of our water resources and the enforcement of regulations. The following are proposed long- term issues to be reviewed by the Commission in future years: ➢ Evaluate alternative funding sources such as grants. ➢ Promote and help facilitate usage of CAP and/or reclaimed water use in guidance with water utility operations. ➢ Evaluate the cost of establishing a toilet, front loading washing machine and/or hot water re-circulating pump rebate program. ➢ Monitor and maintain water infrastructure in a manner that will set an example of conservation for the customers. 12 ➢ Review existing plumbing codes to identify which conservation oriented modifications are in need of change. ➢ Evaluate the options to establish a mobile landscape/irrigation unit to audit irrigation systems for residents via obtaining sponsorship for the unit. ➢ Assist the water utility to achieve regulatory compliance with the Arizona Department of Water Resources (ADWR) regulations and enforcement as it relates to the Town's GPCD, assured water supply designations and replenishment requirements through the CAGRD and groundwater decline. It is the intent of the Commission to include these issues in the work plan for FY 2002-2003 as well as future years. The Commission looks forward to returning to Mayor and Council with specific recommendations regarding proposed programs. WATER QUALITY The mission of Oro Valley Water Utility is to provide assurance that drinking water is safe, clean, and meets all local, state, and federal drinking water health standards. In order to protect public health, the United States Environmental Protection Agency (USEPA) sets drinking water standards which all public water providers must meet. Regular monitoring and testing of the water supply is required to assure customers are provided with safe water in their homes and businesses. The USEPA regulations require water providers to regularly test public drinking water supplies for bacteria and other microorganisms, and numerous other natural-occurring or man-made organic and inorganic constituents. Over the course of a year, the utility collects hundreds of water samples from numerous sites including groundwater wells, reservoirs and pumping stations, and from locations throughout the water distribution system specially selected to represent the entire water delivery system. Each sample is tested for numerous constituents, which may include bacteria, minerals, metals, or man-made chemicals. The USEPA sets national drinking water standards, which are administered in Arizona by the Arizona Department of Environmental Quality (ADEQ). The utility provides all water quality testing results to ADEQ and works closely with that agency to ensure all federal and state standards are maintained. It is important to remember that the detection of a contaminant in drinking water does not necessarily represent a threat to public health. Current technology allows water utilities to detect extremely low levels of contaminants in drinking water. Groundwater is the source of all of the drinking water delivered by Oro Valley Water Utility. All drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. Oro Valley's groundwater contains dissolved minerals and organic compounds, which have been leached from the rock, sediments, and plant materials through which the water traveled. One would expect to find minerals such as calcium and magnesium, chloride, bicarbonate, and sulfate, and metals such as iron, copper, arsenic, and lead, which may be either beneficial or harmless at low concentrations, but harmful at high concentrations. In addition to these naturally occurring contaminants, our groundwater may contain contaminants resulting from human, industrial or domestic activities. For this reason, 13 water utilities must currently monitor for approximately 90 regulated and 48 unregulated contaminants. Three inorganic contaminants of special interest are arsenic, fluoride, and nitrate. Fluoride and arsenic are naturally occurring and tend to increase as water is drawn from greater depths. Nitrate on the other hand is typically found in higher concentrations near the surface of the groundwater table because it is frequently associated with fertilizer use, septic tanks and other human activities. Nitrates in drinking water at levels above 10 parts per million (ppm) could pose a health risk for infants and the elderly. High nitrate levels in drinking water can cause blue baby syndrome. The concentrations for nitrates in Oro Valley's water ranges from "no-detect" to 3.8 ppm. Fluoride is found naturally in our drinking water. Oro Valley's groundwater has fluoride at low concentrations ranging from 0.15 to 0.58 ppm, well below the EPA limit of 4.0 ppm. Fluoride at a level of 1.0 ppm has been shown to help prevent tooth decay. In concentrations substantially greater than that, fluoride may be harmful. An extensive discussion on arsenic is presented later in this report. The level of water hardness varies from one well to another. Hardness is a measurement of the concentration of calcium and magnesium in the water. If the hardness of water is more than 120 milligrams per liter (mg/1), then a water softener would probably reduce the formation of scale within a household and make soap lathering easier. The hardness levels in Oro Valley's water ranges from 32 mg/l to 230 mg/l. Other contaminants that may be present in source water are microbial contaminants, such as viruses and bacteria, which may come from sewage, agricultural livestock, and wildlife. Total Coliform is an indicator to more closely monitor the distribution system for possible unwanted bacteria. Public notification to affected customers is required if positive sample results exceed more than one sample per month. Two samples taken in the Countryside service area in August 2001 exceeded the Total Coliform limit which constituted a violation. The utility adds chlorine as a precaution against bacterial growth in its distribution system. Inorganic Compounds (IOC), such as salts and metals, can be natural occurring or result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming. Testing for contaminants in this group resulted in "no detect" with the exception of fluoride and nitrate. Fluoride and nitrate levels were within the limits set by USEPA as discussed above. Synthetic Organic Compounds (SOC) include pesticides and herbicides, which may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses. None of these contaminants have been found in Oro Valley's water supply. Volatile Organic Compounds (VOC) include such compounds as trichloroethylene (TCE) and tetrachloroethylene (PCE). These compounds are volatile like alcohol or gasoline and are made up of relatively small molecules, that allow them to migrate readily through soils. Solvents such as TCE and PCE have been commonly used for cleaning machine parts and for dry cleaning. Despite the vulnerability of groundwater to such contamination, Oro Valley's potable supplies are free of such contamination. 14 S S S S S Total Trihalomethanes (TTHMs) are formed when chlorine combines with naturally occurring organic material in water. Since the level of organic matter in our groundwater is extremely low, these compounds are found at very low concentrations. The highest TTHM result in any system sample was 0.0033 ppm. The standard is 0.8 ppm. Adjusted Gross Alpha is a measure of radioactivity due to naturally occurring minerals in groundwater. The standard for gross alpha radioactivity is set at 15 picocuries per liter (pCi/1). The range for Oro Valley's water supply is "no detect"to 4.3 pCi/l. • • Most lead and copper contamination occurs within the water distribution system and is • caused by corrosive water coming into contact with plumbing materials that contain lead. • The Lead and Copper Rule established action levels for lead (0.015 mg/1) and copper (1.3 • mg/l). Exceedences of these levels trigger "action" to be taken by the system to determine compliance and community reporting. Samples are taken from within the customer's • residence. Sampling in 2001 had results for lead as "no detect" and the highest copper level was 0.33 mg/i. • The groundwater delivered by Oro Valley Water Utility meets all drinking water standards without treatment. However, approximately 0.5 ppm of chlorine is added to the drinking water supply at well sites, reservoirs and other facilities to provide assurance that water delivered to customers will remain free of microbiological contamination. Because of chlorine's effectiveness in killing germs, disinfection with chlorine provides critical • protection for drinking water consumers. Around the world, millions of people suffer from • waterborne diseases due to microorganisms in their drinking water. In the United States, we • have few waterborne disease outbreaks because the water is very carefully monitored for • disease-causing organisms. Most water providers add a chlorine-based disinfectant to the drinking water supply to kill existing microorganisms. • • ARSENIC IN DRINKING WATER • The word arsenic conjures negative thoughts from mystery novels and plays with Old Lace. Yet, arsenic is a naturally occurring mineral that is predominately found in the western United States. Arsenic in drinking water has been reported in media reports off and on during • the past year as the federal government has debated the appropriate amount of arsenic a permissible in water. At present, 50 ppb of arsenic is allowed under the Safe Drinking Water Rules. Recent EPA studies raised questions about the amount of risk in even lower quantities • of arsenic in water(i.e. 10 ppm). • In September 2001, the National Academy of Sciences (NAS) issued its report on the health effects of ingested arsenic. NAS was charged with reviewing and updating the 1999 National Research Council report on arsenic health effects that was used in drafting the 10 ppb The NAS examined four epidemiological studies that were published after the 1999 proposal. • report was released. Three of those confirmed an association between internal cancer and arsenic exposure via drinking water. The fourth study was deemed unusable because of the • way it was conducted. The American Water Works Association and others had expressed a a 15 • 0 concern about the original 1999 study because it did not factor in lifestyle influences, such as smoking. However, more recent studies take such factors into account. NAS believes "more research is needed on the possible association between arsenic exposure and cancers other than skin, bladder, and lung, as well as non-cancer effects, particularly impacts on the circulatory system (high blood pressure, heart disease, and stroke), diabetes, and reproductive outcomes." In September 2001, the National Drinking Water Advisory Council (NDWAC) concluded that EPA had done a "credible" job of calculating the cost of a 10 ppb standard. Under the EPA's new ruling, water providers are to ensure by January 2006 that there is no more than 10 ppb of arsenic in the water they deliver to customers. In July and November of 2001, Oro Valley Water Utility completed arsenic monitoring at all points of entry (POE) to the water system to determine the impact of this new standard. The Countryside system, under the state's Monitoring Assistance Program, reported a level of 1.3 ppb of arsenic. The 19 POE's in Oro Valley system reported "no detect" for arsenic by Turner Laboratory. A "no detect" is defined as Not Detected at or above the Practical Quantitation Limit(PQL). The PQL is 5 ppb. At this time, any result reported below the PQL by Turner Laboratory would be considered an"estimated concentration". A complete listing of all contaminants that the utility tests for and the most recent test results may be found in Appendix B. WATER SUPPLY The aquifer beneath the Town of Oro Valley is currently the sole source of water resources for potable and non-potable uses. Non-potable uses include turf irrigation of golf courses and parks. The current state of the aquifer is affected by long-term and short-term rates and distribution of groundwater withdrawals and recharge. Groundwater withdrawals occur at the active water supply wells owned and operated by the Town and some privately owned wells. Natural recharge occurs from the infiltration of surface runoff near the mountain fronts of the Santa Catalina and Tortolita Mountains and the stream beds of Big Wash, Canada Del Oro Wash and small washes in the area. Current water demands supplied by withdrawals of local groundwater resources have outpaced groundwater recharge resulting in a local water deficit. It is estimated that average annual recharge at the local mountain fronts and stream channels total about 5,000 to 6,000 acre-feet less than the amount withdrawn in 2000. Over the past several years, dry conditions have persisted with less than normal precipitation and runoff. Not only have the dry conditions resulted in less recharge, they have resulted in greater water demands which have further exacerbated the current deficit. As a result, marked water level declines at wells have been experienced. Rates of decline over various time periods are provided in Appendix C. The largest rates of decline occurred in the central east portion of the water service area. 16 This area has the largest concentration of high capacity wells. The table below shows the distribution of measured rates of decline in feet per year from 1999 to 2001. ORO VALLEY SYSTEM Time Period 1 Year 3 Years Historic (>10 yrs) Average Annual it 6.7 ft/yr 6.7 ft/yr 1.9ft/yr Decline 4111 Range 0.7 ft. — 13.0 ft. 2.1 ft. — 13.0 ft. 0.6ft. —3.8ft. S 0 • When we lookat water levels over the long-term (10 — 30 years), we have 4111 ' ��s seen an average annual decline rate of 4 #-3about 2 feet per year within Oro fl,,br Valley. This reflects the relatively low water demands over this period and , � more typical rainfall patterns. sa . However, recent years have seen an .- increase in groundwater withdrawal resulting from an increase in water ]103 t �-�-� demand. Water demands have ______.__ _ ..gam i 2 doubled between 1990 to 2000 from -i4 about 4,300 to over 9,000 acre-feet _� — Is per year. Continued growth is 'ire) -;, Sig g+ �` �� iig ,31. ,r .�� expected for Oro Valley, however, at 4.5 ..-- B :S 1 �� a slower rate than we experienced +‘' from 1990 to 2000. Current demand =5I ° ..ti4 projections for the year 2030, --- s anticipated build out date of the EXPLANATION � Oro Valley Town Limits ` : service area, pp approach 17,000 acre- `...s_. -.��i Ei Ora Valley Water Utility Servic Ares '' . f'' A feet per year. Over this period, + ""'101,17 .'Raxs2001.(feet per ar) „ .__ .4:f __A alternative water resources including reclaimed water and CAP water will supplement groundwater resources to meet demands. These alternative water resources will allow turf irrigation with groundwater resources to be greatly reduced or eliminated and provide access to renewable water resources for domestic purposes. Demands supplied by alternative water resources will likely approach 8,000 to 13,000 acre-feet per year or greater, reducing groundwater demands in 2030 dramatically. Static groundwater level measurements taken in January and February of this year indicate an average decline of 6.7 feet. Current system demand coupled with the lack of substantial natural recharge due to minimal snow and rainfall may be a factor for the decline in groundwater levels. Detailed information on individual wells may be found in Appendix C. 17 REVENUE REQUIREMENTS Water Utility Enterprise Fund: The Commission and Town staff, in conjunction with a rate consultant, analyzed the revenue and cash flow requirements necessary to operate and maintain the system, funds needed for capital improvements and debt service payments for outstanding bonds. Revenues and cash flows were projected for FY 2002-2003 based on anticipated annual growth in the customer base of 575 residential customers and water consumption patterns similar to FY 2000-2001. Projected operating expenses were developed by the water utility staff. Capital expenditures will be funded with water rates, depreciation and bond funds. The following table indicates the amount of water sales revenue that would be realized by a 7% revenue increase (Scenario B-5) and increased service connections of 575: FY 2001-2002 FY 2002-2003 Dollar Revenue Estimate Revenue Projection Increase $7,274,000 $7,890,456 $616,456 It was recently determined by the Town Fire Marshal that when a residential fire sprinkler is installed, either by choice or to mitigate fire flow requirements, a "full flow 3/4" x 3/4" water meter" is the minimum meter size capable of providing the flow necessary to support the fire sprinkler system. Although the utility is able to provide a full flow 3/4" x /" water meter, there are no established fees for the meter installation or the monthly base rate. Thus, the Commission recommends that, as with other fees, an appropriate fee be established in a manner that allows the utility to recover the costs incurred with meter installations. It is further recommended that the monthly base rate be established in the same manner as base rates for all other meter sizes. No other adjustments to service fees and charges are necessary at this time; however, the Commission recommends that the service fees and charges continue to be reviewed on an annual basis. Connection Fee Fund: In October of 2000, Mayor and Council approved the sale of$6,770,000 in bonds to finance three years of growth-related infrastructure. During FY 2002-2003 the last of the scheduled projects will be constructed. All impact fees collected are pledged to repay the debt. To continue to have growth-related infrastructure in place prior to the demand, it will be necessary to continue to finance the costs. The utility will be updating the potable water system master plan this coming year as a result of the slow down in residential and commercial growth, where the growth is actually taking place, and the resulting changes in infrastructure requirements. Upon completion of the master plan update,the existing impact fees will be evaluated to determine if the fees are still adequate. The Commission will forward a recommendation on impact fees to Mayor and Council at that time. The five year CIP may be found in Appendix D. 18 Alternative Water Resource Development Fee Fund: Alternative water resource development fees are collected for each new connection to the potable water system. These fees have not increased since they were originally adopted by Mayor and Council in 1996. To date, there have been no capital expenditures from this fund. In the past, fees for professional services and feasibility studies relating to renewable water resource issues were paid from this fund. During this past year, some of the costs paid from this fund included water quality testing for the slow sand filtration pilot project at the Twin Peaks pumping plant and engineering costs to begin the preliminary design of the on-site non-potable distribution system to the golf courses. During FY 2002-2003 the costs paid from this fund will not only be incurred for engineering of non-potable uses of renewable water resources, but also for potable uses. The Commission recommends that the utility develop a renewable water resources master plan. This will enable the utility to evaluate infrastructure costs to substantiate the existing fee or justify increasing the fees in an amount that would aid in the repayment of financing for required infrastructure. 0 & M AND DEBT SERVICE REQUIREMENTS Because of the timing of the preparation of this report relative to the Town's budgeting process, the Commission recognizes that both the projected revenues and the projected expenses may need to be revised. The amounts shown below and used in the financial analysis may differ from those included in the Department Budget Request and the Manager's Budget Review because of the availability of more recent and reliable information. The Commission understands that OVWU staff, the Town Manager and the Mayor and Council will adjust expenses to fit the final estimate of revenues based on the action of the Council on the rate structure for FY 2002-2003. The following table is a comparative summary of expenses and debt service requirements for the water utility enterprise fund. Budgeted amounts for FY 2001-2002 are compared to the projected expenses for FY 2002-2003 used in the financial analysis: OVWU FY 2001-2002 FY 2002-2003 Change Expenses Budget Projected Increase(Decrease) Personnel $1,439,160 $1,513,577 $ 74,417 0 & M $1,851,555 $2,033,522 $181,967 C.A.P. $ 402,664 $ 460,164 $ 57,500 C.A.G.RD. $ 90,000 $ 160,100 $ 70,100 Deprec. & Amort. $1,377,200 $1,603,193 $225,993 Interest Payments $1,697,883 $2,011,330 $313,447 Principal Payments $1,207,000 $1,192,440 ($ 14,560) Totals $8,065,462 $8,974,326 $908,864 Personnel costs are projected to be increased to fund a 2.5% COLA and one additional full time employee to fulfill staffing needs for the long-term conservation program. 19 The request for operations and maintenance costs reflect, among other items, increased expenses for electrical power for pumping, water recharge costs, excess groundwater withdrawal fees, capital costs for additional CAP allotment, chemicals for disinfection, plant and equipment repairs. Some costs are fixed by outside agencies with no control by the Town. Others may be subject to change as the iterative process of budget development is completed. Principal and interest payments reflect debt service pursuant to bond repayment schedules for the bonds related to acquisition of the utility; assuming management of the OV ID##1; the bond issue in FY 2000-2001 for existing system improvements; acquisition of CAP water rights; and the proposed capital expenditures in FY 2004-2005. The substantial increase in depreciation is due to the completion of approximately $8,000,000 in infrastructure during the past year. Since this plant has been put into service, it must now be depreciated over the expected life of each facility. CAPITAL IMPROVEMENTS This past year, the OVWU budget for capital improvements for both existing system and expansion related projects totaled in excess of$10 million. By June 2002, it is anticipated that projects totaling over $8 million will have been completed and brought into service. Two replacement wells were also completed this past year. They were drilled specifically to rf. RrA replace two existing wells that were failing. Both new wells were drilled to a depth of 800 .�� ���. � t feet. Additional capacity gained from the ANN3S w A replacement wells is approximately 600 gallons per minute (gpm). The older wells have been .. ,. removed from service and will be abandoned this r..?'A : h w .. coming year. Construction has recently begun h ' - on a new well with completion expected by December 2002. It is anticipated that after completion, the well will provide 800 gpm. Replacement Well E-5 wThe utility constructed two new multi-zone }Y;C booster stations and is completing upgrades to rrt r several existing booster facilities. These . projects will enhance the distribution system by allowing the utility to move water from a lower elevation to a higher elevation. Booster _:* stations also maintain water pressure Nair throughout the system. Naranja Booster Station 20 S S O 0 • Water mains are key components of the distribution system. They connect the source of the 0 supply to the end points. In other words, the mains carry water from the wells to the booster O stations and reservoirs and finally to the consumers. During this past year, the utility O installed over 20,000 linear feet of water mains varying in size from 8-inch to 16-inch. The • mains are made of ductile iron and/or polyvinyl chloride also known as PVC. O ...........— , 4,,,i a f � • y - ti ����� t Agi��, '0 1A:4746 -- - a+-* , h fidn,r+,�a„ , '� ��.. 0 y ...�Nha...,„ .. r. :a• .-- , -,r , ---., -- , ,,,, J . ir. , .4 A� ,F or ..tl+►..�-. .e.}' ''Yrs, .► ,i'�-- .. m " - Y. „ r Illp . :yam• ....,,,.. '— --. 'I, .... , , y ... ... M r -- . el V .--- ar i s.y x �. ..r. . .,- . ., 4 , ,k 0 , TA^4^ m 'W ti. - + N ,:om.,. M �'_� ,.p .--,-,.,,,,,.-.'' ,,i Nk IP „..., -, si,.., , - ..,>,, ,,,,,,,, .,,,,,,,„ ,, , ...- _ _e , ..._ '''' ., '"^' c rte_ „zia64,,i4ta,:i.ii: er' ''' 7,1".L.ta ak OD 16" Water Main—North to Water Plant 14 Reservoir i l By the end of this fiscal year, all but two sites will be equipped with a Supervised Control And Data Acquisition (SCADA) system. The SCADA system is a means of electronically ilr controlling the operation of wells, reservoirs and booster stations as well as recording historic illr system operations data. Utility personnel can observe system operations 24 hours a day from AP 1110 remote sites such as the office or home. Control of the water system with SCADA has allowed the utility to become extremely proactive when dealing with system problems thus 0 significantly reducing the number of water service interruptions to its customers. The overall • system status can be ascertained immediately at any given time allowing system operators to 40 correct potential problems before they occur. 0 • The inclusionf o SCADA equipment has 410 ,' become a standard specification for construction • Imp4 ii - of new water infrastructure. The photo to the1111 .44 ! ' left is a reservoir site equipped with SCADA IP , ,, �,f equipment that is solar powered. There is no x:.h,* ., electrical service to this site and the cost to bring '' power in was considerably more expensive than iiik / k the $2,800 it cost to use solar equipment. The i ' ' '' 11. utility has not experienced any power related problems at this site. The SCADA equipment at allir the Water Plant 13 reservoir is also solar le powered. • Allied Signal Reservoir—500,000 Gallon Capacity • 0 ED 21 IA The utility increased existing storage capacity in excess of 2 million gallons with the addition of three reservoirs. Reservoirs provide water for emergency fire flow and meeting peak demands. In most cases, reservoirs also rovide water supplythat is delivered p to customers by way of gravity. Thus water can still .I_ be delivered to customers during a power outage. The newest reservoir now in service is also the system's largest with a 1 million gallon capacity. It is } also the utility's first buried concrete reservoir. Typically, the utility's reservoirs are above ground and are constructed out of steel. Countryside Reservoir 800,000 Gallons ,,�' .:'. �.!•r r i t.„ y i t;;"I�1�+.p1"�r7'°Wµa��a�yN 1.t t !�>':'a+� ;;��ff .Il��-�,1 ,�!�a IK ef�iv#t 1 lg�iH�- it''u b4 � 4" Iv Ili I':,II 111+7!,�iG lyl I ..J.':: .I r.,..��! 1, ' I �"'h��Ifn. 1,:!,:rtslt .i,y 4 „t - ... rv..,.r...1.: ;.?r.1..Y`t 4 ..,,1.,I ,,t. ,;,��:, :.��„a I r,t:..:: h1.r+a�i:+N I�A{ r .:.:.I:lk.:� � •} p ;r .'.: :,,,;fir¢. ,'..,:,..,.r Y „� :; t ��:.#1 ,: :.;•X'C.>�1"..,L 5- a�!VN�.?F`� 4..” - �§� It"�r'. �p�ti;{�+�r�N� �`"�r lt�tF>'�I�S��,•* S�T��`Y T� r ! }�1".�'a"�fr9",A "I',�kw1x'��'pA,,a:pi k•ww k,.,� M.4t+sr ..0 .:`,.4i;s�w#�{. Pa;�>i pl Y�. r ��..i rtY 1,�.•rt ,.. �,"{ .I' a� ,., `. ,..,'- a ..:. ':��.....:.,., it I.,,.,... .,u:..:: h•H,rink..6.��n�,. .. .., r.:'... :..:I;.� :... ,-:.:. ... �,:; .4l:. �C,' -.. , I r Nw.g1ry,.K.'L'#J 1'n'Mi p 4..°r��lt y � iii �� .,4 .,31P{% J�Y �`y�" �1a •i. 1 �' 9 t ;tr�L I. , 1 • z �r �� � a y4°•k" jt�' tS1P+�+T �' I �waa, w„a;, #i.'a fvi �-:rr #' `•Ay w:., w:,t�'a a:. w.1 < :na'MC y,�.-'n.',' v xlY `a.t :,:Md{4+•1'>'`,'.'' °,n:. n'#.a r,.+t'.s Water Plant No. 13 Reservoir— 1.0 Million Gallon Capacity The Oro Valley Water Utility Commission, in conjunction with staff and engineering consultants, undertook extensive analysis to develop a five-year capital improvements plan (CIP) for the water enterprise fund and the connection fee fund. Improvements detailed in the plans include machinery, equipment, vehicles, wells, booster stations, reservoirs, fire hydrants, mains and structures. Both capital improvement plans identify essential system • improvementsthrough FY 2006-2007. The potable water system master plan was a critical tool used in the identification of necessary pim rovements and the related costs. i Recommended projects to be funded will be itemized in the water utility budget and the i connection fee budget, respectively. g � • Funding sources for existing system improvements include water rates, depreciation, and • bondroceeds that will be repaid with water sales revenue. The fundingsource for p p expansion related improvements are bond proceeds that will be repaid with impact fees. The • following table summarizes total amounts by fiscal year for each plan: i► 40 fib • 22 41 ➢ The wholesale rates will continue to be the same rates as a standard 6" meter. The proposed revenue increase would allow the utility enterprise fund to meet sound financial criteria regarding the operations of a municipal utility while costs keep pace with inflation, growth issues are not ignored, infrastructure is replaced as it is worn out and the level of customer service improves. The following table illustrates the proposed changes for a typical residential customer with a 5/8"x 3/4" meter. Other water providers in the region are included for comparison. Water Provider Monthly Tier 1 Tier 2 Tier 3 Base Rate Commodity Rate Commodity Rate Commodity Rate OroValley Current 12.00 1.90 2.35 3.00 OroValley Proposed 12.00 1.90 2.61 3.33 MDWID 11.96 2.16 2.88 3.62 Marana 14.00 2.55 2.55 2.55 Tucson 5.35 1.11 3.34 4.58 Oro Valley Water Utility currently includes 1,000 gallons in its base rate, but it is recommended that it be eliminated this coming fiscal year. MDWID includes 2,000 gallons • in their base rate. Marana has reduced the water in their base rate to 1,000 gallons. Tucson • Water has also reduced the water in their base rate to 1 ccf which is the equivalent of 748 • gallons. A table providing proposed rates for all OVWU meter sizes may be found in Appendix E. Appendix E also contains several spreadsheets that calculate the dollar increase and the 410 percentage increase that a customer would experience on a monthly bill under the proposed rate change. Monthly bill amounts are calculated in 1000 gallon increments for the 5/8" x • 3/4" meters and a variety of increments for larger meter sizes. 111 Scenario B-5 recommendations result in no changes to monthly base rates or the first tier of the commodity rate. The average consumption for customers with a5 8"x 3/4" meter is • approximately 9,000 gallons per month. * The modification of the rate structure will further encourage water conservation of the utilit ' whereby usage s customers in excess of the annual average usage for each customer Yg g g • class isenalized with higher rates. The Commission's recommended rate design is intended p g g to encourage voluntary conservation practices. 4i 41 For comparison purposes, the following table provides a calculation of a monthly bill amount for a 5/8"x 3/4" meter for several of the other water utilities surrounding the Oro Valley Water Utility service area. Direct comparison of raw base rates and raw commodity rates is not effective because of the varying rate structures of each utility. The best way to compare is to calculate the cost for specific consumption levels during a summer month. S S S 0 24 • • • • • • • • • • • • • • • • • APPENDIX A • • • • • • • • •• • •• • • • • • • • • • • •• • • • • • • • • • • • • Preferred Financial Scenario Scenario B5 The following are the assumptions used in preparing these projections: • Growth is based on 575 new residential customers in all 5 years. • Wholesale rates will remain the same as the standard 6" meter. • Golf courses will be removed from groundwater over 3 years beginning in FY 2004-05 - Stone Canyon& Vistoso Highlands golf courses removed in April 2005 - Sun City golf course removed during FY 2005-06 - El Conquistador golf courses removed during FY 2006-07 - El Conquistador 9-hole course will not be removed for these projections • Seven percent (7%)revenue increases in 1st year followed by 7.25% in remaining 4 years. • Rate increases are effective at the beginning of each fiscal year. • Personnel costs only include 1 FTE in FY 2002-03. No new FTE's in any other years. • Personnel costs for COLA and merit increase 2.5% in FY 2002-03 and up to 5% in FY 2006-07 • Operations and maintenance costs increase annually by 2.28%, 2.34%, 2.38%, 2.42%, and 2.45% over the 5 year period. • CAP costs increase annually for excess water charges to the CAGRD. These charges decrease as golf courses are removed from groundwater. • No additional CAP water right acquisition assumed during 5 year period. • Debt service does not fall below the required 1.25:1 ratio. • The utility does not experience a loss for more than 2 consecutive years. • The minimum cash balances meet or exceed 15% of cash outlays excluding capital. • Retained earnings maintain a positive balance. • Utility to pay City of Tucson directly for CAP in FY 2002-03 • Bond issued in FY 2003-04 to pay Tucson balance of debt plus finance capital projects 0 III 111• II0 0 1100 0 6 • Ibp • `f) o L o o 0 N. 0 co N N 0 O N I 4. 1,..O M CO M f` N 0 ti 6Od7Lc)N N O M 6 N EA} EA- Ef} Lr) ti co co ti c • p Lo ,— O O N N-' N M N O (0 N- LO • Lc) N O =111, I CO c o Lc) cn ff CA- i_ 0 T1.: • Q Z_ O- w wCQ O cL M U Lc) oN. 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N N in NNN V) r) Cr) Ce) cn cil (r) (i) VI I- APPENDIX E • I- J F- J W Q W — Q u) o M0 C/ 3 M 0 41110 O 0 a O cc;) MMMM M M M MM M O O cc o M 6 0_ 2 LU 0 M M M M M M M M MP' a' W oM _ O ce o ce ce a a a oO a O • >— crj p > J J o o o o o o o 0 o F- F- z — Q w o O O o 0 0 0 0 o Z0 (y)• Wlb ct a M 0 0 0 0 0 0 0 m o O o 0 0 0 0 0 o w 0 a O O O w o 0 0 C. C. 0 0 0 0 0 CI a N N N co M N o o w 0 O c ! oM � � cYi � c(icOcOc?i W p M ch � � � � cYi U O w D a) a) a) a) a) a) a) d w U O w • U o_ J a > > > > > > > 0 o U a- VM Z LL O DI-— J CO W �' o 0 0 0 0 0 0 0 o W F_ J W Z o 0 0 0 0 0 0 0 o Q C/)• N O ~ w o 0 0 0 0 0 0 0 0 U) 0 N C� O Oixo � � � r- r- e— e— e— e— J �i r` M co co 000 0 CO CO CO CD. 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W 0. r r OO 00 C w O O7 G F- r •r •r r r c- r r- = 0 p r r G F- O O F- W w I i l l l l l I 8 lb U w = 0 a O O O O O O O pc) U O w U F- Z U a_ Ow oO — O00000 C/) LU O O W H o 0 0 0 0 0 0 0 o Z F= F- o 0 0 0 0 0 0 0 o W O Q N 00 O O co N O O O ,,,, 17- Z o 0 0 0 0 0 0 0 o p ,- ci) CG 0) 0) MJ W o o co co o co D o o Cn a oO COtClN J - 0 CO CO co °o° O 0 L cp i 60 o- w Ov) QOlllll aW Ov) : • CC < CI. m 0 0 0 0 0 0 0 0 0 0 a CO 0 O Q r- 0 0 C. 0 0 0 0 F- I__ O z 0 Q Q 0 0 0 0F- w N O O CO N O O O ~ Z < 0 Yr- ('7 COO O7 O O O � � � Z UJ M (C) N W W CO C') w O w H N x x ,— Lo• N (Y) et (.000 , • � � LU u) o - Ct � o , • UQ (000 UQ (C)m CO i , O IX .1' d' W W M Min W w w O I— N x x r • N M Tt Cp oo F- N (D W � o � 1.11 u) • M 9 0 0 0 TABLE FOR MONTHLY CHARGES & PERCENT INCREASE COMPARISON CUSTOMERS WITH A 5/8 X 3/4" METER PROPOSED BASE RATE 0% INCREASE IN BASE RATE: REMAINS AT$12.00 (INC.ZERO GALS) PROPOSED COMMODITY 0% INCREASE IN TIER 1: REMAINS AT $1.90 (0- 10,000 GALS) 11.0% INCREASE IN TIER 2 FROM $2.35 TO $2.61 (10,001 -25,000 GALS) RS-B5-0 11.0% INCREASE IN TIER 3 FROM $3.00 TO $3.33 (OVER 25,000 GALS) CUSTOMERS PERCENT OF GALLONS CURRENT PROPOSED AMOUNT PERCENT IN USAGE CUSTOMER USED RATE RATE INCREASED INCREASED CATEGORY BASE 0 12.00 12.00 0.00 0.0 431 2.8% 1,000 12.00 13.90 1.90 15.8 574 3.7% 2,000 13.90 15.80 1.90 13.7 777 5.0% 3,000 15.80 17.70 1.90 12.0 1007 6.5% 4,000 17.70' 19.60 1.90 10.7 1160 7.5% 5,000 19.60 21.50 1.90 9.7 1256 8.1% 6,000 21.50 23.40 1.90 8.8 1204 7.8% 7,000 23.40 25.30 1.90 8.1 1064 6.9% 8,000 25.30 27.20 1.90 7.5 950 6.2% 9,000 27.20 29.10 1.90 7.0 809 5.2% 10,000 29.10( 31.00 1.90 6.5 701 4.5% 11,000 31.45 33.61 2.16 6.9 575 3.7% 12,000 33.80 36.22 2.42 7.2 494 3.2% 13,000 36.15 38.83 2.68 7.4 426 2.8% O 14,000 38.50 41.44 2.94 7.6 351 2.3% • 15,000 40.85 44.05 3.20 7.8 299 1.9% • 16,000 43.20 46.66 3.46 8.0 241 1.6% lk 17,000 45.55 49.27 3.72 8.2 207 1.3% • 18,000 47.90 51.88 3.98 8.3 183 1.2% 19,000 50.25 54.49 4.24 8.4 153 1.0% 20,000 52.60 57.10 4.50 8.6 139 0.9% 21,000 54.95 59.71 4.76 8.7 119 0.8% 22,000 57.30 62.32 5.02 8.8 101 0.7% 1 23,000 59.65 64.93 5.28 8.9 86 0.6% • 24,000 62.00 67.54 5.54 8.9 76 0.5% • 25,000 64.35 70.15 5.80 9.0 63 0.4% • 26,000 67.35 73.48 6.13 9.1 57 0.4% 27,000 70.35 76.81 6.46 9.2 48 0.3% SP 28,000 73.35 80.14 6.79 9.3 44 0.3% 29,000 76.35 83.47 7.12 9.3 36 0.2% r 30,000 79.35 86.80 7.45 9.4 36 0.2% $ 31,000 82.35 90.13 7.78 9.4 28 0.2% 'ii 32,000 85.35 93.46 8.11 9.5 30 0.2% • 33,000 88.35 96.79 8.44 9.6 21 0.1% • 34,000 91.35 100.12 8.77 9.6 21 0.1% 35,000 94.35 103.45 9.10 9.6 16 0.1% 36,000 97.35 106.78 9.43 9.7 17 0.1% • 37,000 100.35 110.11 9.76 9.7 15 0.1 38,000 103.35 113.44_ 10.09 9.8 13 0.1% ili 39,000 106.35 116.77 10.42 9.8 10 0.1% IP 40,000 109.35 120.10 10.75 9.8 11 0.1% • • Shaded area represents 64.2% of total customer base at 12/31/01. I l • TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 3/4" x 3/4" METER BASE RATE = $18.00 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 10,000 GALLONS TIER 2 = $2.61 FOR 10,001 -25,000 GALLONS TIER 3 = $3.33 FOR USAGE OVER 25,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 N/A 18.00 N/A N/A 10,000 N/A 37.00 N/A N/A 25,000 N/A 76.15 N/A N/A 40,000 N/A 126.10 N/A N/A 50,000 N/A 159.40 N/A N/A TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 1" METER BASE RATE = $30.01 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 16,000 GALLONS TIER 2 = $2.61 FOR 16,001 -27,000 GALLONS TIER 3 = $3.33 FOR USAGE OVER 27,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF 6 USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH • 0 30.01 30.01 0.00 0.0% O 16,000 58.51 60.41 1.90 3.2% O 27,000 84.36 89.12 4.76 5.6% 6 38,000 117.36 125.75 8.39 7.1% 50,000 153.36 165.71 12.35 8.1% lipp 6 • TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON lit FOR CUSTOMERS WITH A 1 1/2" METER GP BASE RATE = $60.00 0 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 38,000 GALLONS O TIER 2 = $2.61 FOR 38,001 - 64,000 GALLONS i TIER 3 = $3.33 FOR USAGE OVER 64,000 GALLONS • O GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF • USED IN CURRENT PROPOSED INCREASE INCREASE • 1 MONTH RATE RATE PER MONTH 0 60.00 60.00 0.00 0.0% • 38,000 130.30 132.20 1.90 1.5% 64,000 191.40 200.06 8.66 4.5% 90,000 269.40 286.64 17.24 6.4% 125,000 374.40 403.19 28.79 7.7% IP ilk • di we O TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 2" METER BASE RATE = $96.00 6 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 80,000 GALLONS TIER 2 = $2.61 FOR 80,001 - 134,000 GALLONS TIER 3 = $3.33 FOR USAGE OVER 134,000 GALLONS •0 0 GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 96.00 96.00 0.00 0.0% illP O 80,000 246.10 248.00 1.90 0.8% 134,000 373.00 388.94 15.94 4.3% 275,000 796.00 858.47 62.47 7.8% ii 325,000 946.00 1191.47 245.47 25.9% I TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON • II FOR CUSTOMERS WITH A 3" METER BASE RATE = $192.00 • COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 186,000 GALLONS 4 TIER 2 = $2.61 FOR 186,001 -311,000 GALLONS 1 TIER 3 = $3.33 FOR USAGE OVER 311,000 GALLONS 0 0 GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 41b, 0 192.00 192.00 0.00 0.0% O 100,000 380.10 382.00 1.90 0.5% 186,000 543.50 545.40 1.90 0.3% 311,000 837.25 876.65 39.40 4.7% 450,000 1254.25 1334.52 80.27 6.4% di 0 illi TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON 's FOR CUSTOMERS WITH A 4" METER BASE RATE = $300.00 • COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 169,000 GALLONS al TIER 2 = $2.61 FOR 169,001 - 283,000 GALLONS • TIER 3 = $3.33 FOR USAGE OVER 283,000 GALLONS S GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF • USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH I. 0 300.00 300.00 0.00 0.0% 41 100,000 488.10 490.00 1.90 0.4% la 169,000 619.20 621.10 1.90 0.3% 283,000 887.10 918.64 31.54 3.6% ID 350,000 1088.10 1141.75 53.65 4.9% 111 IV S ar is • TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON • FOR CUSTOMERS WITH A 6" METER BASE RATE = $600.00 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 1,800,000 GALLONS TIER 2 = $2.61 FOR 1,800,001 - 3,006,000 GALLONS TIER 3 = $3.33 FOR USAGE OVER 3,006,000 GALLONS S GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE • 1 MONTH RATE RATE PER MONTH • 0 600.00 600.00 0.00 0.0% 1,000,000 2498.10 2500.00 1.90 0.1% • 1,800,000 4018.10 4020.00 1.90 0.0% 3,000,000 6838.10 7152.00 313.90 4.6% 5,000,000 12834.20 13807.68 973.48 7.6% S • TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 8" METER BASE RATE = $1200.00 • COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 1,800,000 GALLONS • TIER 2 = $2.61 FOR 1,800,001 - 3,006,000 GALLONS TIER 3 = $3.33 FOR USAGE OVER 3,006,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH go 0 1200.00 1200.00 0.00 0.0% 1,000,000 3098.10 3100.00 1.90 0.1% 1,800,000 4618.10 4620.00 1.90 0.0% 3,000,000 7438.10 7752.00 313.90 4.2% er 5,000,000 13434.20 14407.68 973.48 7.2% • GOLF COURSE CONSERVATION RATES TO BECOME EFFECTIVE WHEN USAGE EXCEEDS THE ARIZONA DEPT. OF WATER RESOURCES ANNUAL ALLOTMENT. • • S S • • • • S • • • s • • • • • • • • • • APPENDIX F • • • • • • • • • • •• a s • s • • • • • • • r • • t s • • i 40 • Alternate Financial Scenario Scenario B-3 a a • The following are the assumptions used in preparing these projections: •1 • • Growth is based on 575 new residential customers in all 5 years. • Wholesale rates will remain the same as the standard 6" meter. f • • Golf courses will be removed from groundwater over 3 years beginning in FY 2004-05 e - Stone Canyon& Vistoso Highlands golf courses removed in April 2005 • - Sun City golf course removed during FY 2005-06 � - El Conquistador golf courses removed during FY 2006-07 - El Conquistador 9-hole course will not be removed for these projections • • Revenue increases over 5 year period are: 6%, 6%, 6.5%, 7.5%, 8% • � • Rate increases are effective at the beginning of each fiscal year. • � • Personnel costs only include 1 FTE in FY 2002-03. No new FTE's in any other years. 4P ! • Personnel costs for COLA and merit increase 2.5% in FY 2002-03 and up to 5% in FY • 2006-07 • Operations and maintenance costs increase annually by 2.28%, 2.34%, 2.38%, 2.42%, • and 2.45% over the 5 year period. 411 • CAP costs increase annually for excess water charges to the CAGRD. 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W z a •Q IL W N N < < < z II > —) ca to Z I < < < C� I2WQLLUQzCC0Z = z > > 0 I W ,r OO �•> (� (1) 000 i_ Q _ 22 > 0 _ a.. w � Q _ LL1.L W co P > ce in • Oaa.. a. ce m < w 0 z 0 Z 0 W C i fb it 0 0 • TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 6" METER BASE RATE = $600.00 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 1,800,000 GALLONS TIER 2 = $2.50 FOR 1,800,001 -3,006,000 GALLONS TIER 3 = $3.20 FOR USAGE OVER 3,006,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 600.00 600.00 0.00 0.0% 1,000,000 2498.10 2500.00 1.90 0.1% 1,800,000 4018.10 4020.00 1.90 0.0% 3,000,000 6838.10 7020.00 181.90 2.7% 5,000,000 12834.20 13415.80 581.60 4.5% •S TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 8" METER BASE RATE = $1200.00 • COMMODITY RATE: TIER 1 = 1.90 FOR 0 - $ 1,800,000 GALLONS TIER 2 = $2.50 FOR 1,800,001 -3,006,000 GALLONS TIER 3 = $3.20 FOR USAGE OVER 3,006,000 GALLONS • • GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 1200.00 1200.00 0.00 ° 0.0% • 1,000,000 3098.10 3100.00 1.90 0.1% 1,800,000 4618.10 4620.00 1.90 0.0% 10 3,000,000 7438.10 7620.00 181.90 2.4% 5,000,000 13434.20 14015.80 581.60 4.3% S • GOLF COURSE CONSERVATION RATES TO BECOME EFFECTIVE WHEN USAGE EXCEEDS THE ARIZONA DEPT. OF WATER RESOURCES ANNUAL ALLOTMENT. • •, • S • • • • 0 • •• • • • t • • • • • • • • • • • • • • APPENDIX G • • • • • • • • • •• • • • • • • • • • • • s • • • • • • • • • • • • • • Alternate Financial Scenario Scenario B-2 The following are the assumptions used in preparing these projections: • Growth is based on 575 new residential customers in all 5 years. • Wholesale rates will remain the same as the standard 6" meter. • Golf courses will be removed from groundwater over 3 years beginning in FY 2004-05 - Stone Canyon& Vistoso Highlands golf courses removed in April 2005 - Sun City golf course removed during FY 2005-06 - El Conquistador golf courses removed during FY 2006-07 - El Conquistador 9-hole course will not be removed for these projections • Revenue increases over 5 year period are: 5%, 6%, 6.5%, 7.5%, 8% • Rate increases are effective at the beginning of each fiscal year. • Personnel costs only include 1 FTE in FY 2002-03. No new FTE's in any other years. • Personnel costs for COLA and merit increase 2.5% in FY 2002-03 and up to 5% in FY 2006-07 • Operations and maintenance costs increase annually by 2.28%, 2.34%, 2.38%, 2.42%, and 2.45% over the 5 year period. • CAP costs increase annually for excess water charges to the CAGRD. These charges decrease as golf courses are removed from groundwater. • No additional CAP water right acquisition assumed during 5 year period. • Debt service does not fall below the required 1.25:1 ratio. • The utility does not experience a loss for more than 2 consecutive years. • The minimum cash balances meet or exceed 15% of cash outlays excluding capital. • Retained earnings maintain a positive balance. • If utility sells bonds in FY 2002-03 to finance CAP, the payment terms are 5.5% for 20 years. 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LLLL F- cn F- > W Ce � a) W Q w Q w Q w a w W 0 a. a. cc m 0 z 0 z 0 Z 0 W II TABLE FOR MONTHLY CHARGES & PERCENT INCREASE COMPARISON CUSTOMERS WITH A 5/8 X 3/4" METER PROPOSED BASE RATE 0% INCREASE IN BASE RATE: REMAINS $12.00 (INC.ZERO GALS) PROPOSED COMMODITY 0% INCREASE IN TIER 1: REMAINS $1.90 (0- 10,000 GALS) 2.3% INCREASE IN TIER 2 FROM $2.35 TO $2.40 (10,001 - 25,000 GALS) RS-B2-0 2.3% INCREASE IN TIER 3 FROM $3.00 TO $3.07 (OVER 25,000 GALS) CUSTOMERS PERCENT OF GALLONS CURRENT PROPOSED AMOUNT PERCENT IN USAGE CUSTOMER USED RATE RATE INCREASED INCREASED CATEGORY BASE 0 12.00 12.00 0.00 0.0 431 2.8% 1,000 12.00 13.90 1.90 15.8 574 3.7% 2,000 13.90 15.80 1.90 13.7 777 5.0% 3,000 15.80 17.70 1.90 12.0 1007 6.5% 4,000 17.70 19.60 1.90 10.7 1160 7.5% 5,000 19.60 21.50 1.90 9.7 1256 8.1% 6,000 21.50 23.40 1.90 8.8 1204 7.8% 7,000 23.40 25.30 1.90 8.1 1064 6.9% 8,000 25.30 27.20 1.90 7.5 950 6.2% 9,000 27.20 29.10 1.90 7.0 809 5.2% 10,000 29.10 31.00 1.90 6.5 701 4.5% 11,000 31.45 33.40 1.95 6.2 575 3.7% 12,000 33.80 35.80 2.00 5.9 494 3.2% 13,000 36.15 38.20 2.05 5.7 426 2.8% 14,000 38.50 40.60 2.10 5.5 351 2.3% 15,000 40.85 43.00 2.15 5.3 299 1.9% 16,000 43.20 45.40 2.20 5.1 241 1.6% 17,000 45.55 47.80 2.25 4.9 207 1.3% 18,000 47.90 50.20 2.30 4.8 183 1.2% 19,000 50.25 52.60 2.35 4.7 153 1.0% 20,000 52.60 55.00 2.40 4.6 139 0.9% 21,000 54.95 57.40 2.45 4.5 119 0.8% 22,000 57.30 59.80 2.50 4.4 101 0.7% 23,000 59.65 62.20 2.55 4.3 86 0.6% 24,000 62.00 64.60 2.60 4.2 76 0.5% 25,000 64.35 67.00 2.65 4.1 63 0.4% 26,000 67.35 70.07 2.72 4.0 57 0.4% 27,000 70.35 73.14 2.79 4.0 48 0.3% 28,000 73.35 76.21 2.86 3.9 44 0.3% 29,000 76.35 79.28 2.93 3.8 36 0.2% 30,000 79.35 82.35 3.00 3.8 36 0.2% 31,000 82.35 85.42 3.07 3.7 28 0.2% 32,000 85.35 88.49 3.14 3.7 30 0.2% 33,000 88.35 91.56 3.21 3.6 21 0.1% 34,000 91.35 94.63 3.28 3.6 21 0.1% 35,000 94.35 97.70 3.35 3.6 16 0.1% 36,000 97.35 100.77 3.42 3.5 17 0.1% 37,000 100.35 103.84 3.49 3.5 15 0.1% 38,000 103.35 106.91 3.56 3.4 13 0.1% 39,000 106.35 109.98 3.63 3.4 10 0.1% 40,000 109.35 113.05 3.70 3.4 11 0.1% Shaded area represents 64.2% of total customer base at 12/31/01. TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 3/4" x 3/4" METER BASE RATE = $18.00 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 10,000 GALLONS TIER 2 = $2.40 FOR 10,001 -25,000 GALLONS TIER 3 = $3.07 FOR USAGE OVER 25,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 N/A 18.00 N/A N/A 10,000 N/A 37.00 N/A N/A 25,000 N/A 73.00 N/A N/A 40,000 N/A 119.05 N/A N/A 50,000 N/A 149.75 N/A N/A TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 1" METER BASE RATE = $30.01 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 16,000 GALLONS TIER 2 = $2.40 FOR 16,001 -27,000 GALLONS TIER 3 = $3.07 FOR USAGE OVER 27,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 30.01 30.01 0.00 0.0% 16,000 58.51 60.41 1.90 3.2% 27,000 84.36 86.81 2.45 2.9% 38,000 117.36 120.58 3.22 2.7% 50,000 153.36 157.42 4.06 2.6% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 1 1/2" METER BASE RATE = $60.00 COMMODITY RATE: TIER 1 = $1.90 FOR 0 -38,000 GALLONS TIER 2 = $2.40 FOR 38,001 - 64,000 GALLONS TIER 3 = $3.07 FOR USAGE OVER 64,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 60.00 60.00 0.00 0.0% 38,000 130.30 132.20 1.90 1.5% 64,000 191.40 194.60 3.20 1.7% 90,000 269.40 274.42 5.02 1.9% 125,000 374.40 381.87 7.47 2.0% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 2" METER BASE RATE = $96.00 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 80,000 GALLONS TIER 2 = $2.40 FOR 80,001 - 134,000 GALLONS TIER 3 = $3.07 FOR USAGE OVER 134,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 96.00 96.00 0.00 0.0% 80,000 246.10 248.00 1.90 0.8% 134,000 373.00 377.60 4.60 1.2% 275,000 796.00 810.47 14.47 1.8% 325,000 946.00 963.97 17.97 1.9% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 3" METER BASE RATE = $192.00 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 186,000 GALLONS TIER 2 = $2.40 FOR 186,001 - 311,000 GALLONS TIER 3 = $3.07 FOR USAGE OVER 311,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 192.00 192.00 0.00 0.0% 100,000 380.10 382.00 1.90 0.5% 186,000 543.50 545.40 1.90 0.3% 311,000 837.25 845.40 8.15 1.0% 450,000 1254.25 1272.13 17.88 1.4% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 4" METER BASE RATE = $300.00 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 169,000 GALLONS TIER 2 = $2.40 FOR 169,001 - 283,000 GALLONS TIER 3 = $3.07 FOR USAGE OVER 283,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 300.00 300.00 0.00 0.0% 100,000 488.10 490.00 1.90 0.4% 169,000 619.20 621.10 1.90 0.3% 283,000 887.10 894.70 7.60 0.9% 350,000 1088.10 1100.39 12.29 1.1% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 6" METER BASE RATE = $600.00 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 1,800,000 GALLONS TIER 2 = $2.40 FOR 1,800,001 -3,006,000 GALLONS TIER 3 = $3.07 FOR USAGE OVER 3,006,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 600.00 600.00 0.00 0.0% 1,000,000 2498.10 2500.00 1.90 0.1% 1,800,000 4018.10 4020.00 1.90 0.0% 3,000,000 6838.10 6900.00 61.90 0.9% 5,000,000 12834.20 13035.98 201.78 1.6% i i TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON • FOR CUSTOMERS WITH A 8" METER BASE RATE = $1200.00 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 1,800,000 GALLONS TIER 2 = $2.40 FOR 1,800,001 - 3,006,000 GALLONS TIER 3 = $3.07 FOR USAGE OVER 3,006,000 GALLONS 4 • GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 1200.00 1200.00 0.00 0.0% 1,000,000 3098.10 3100.00 1.90 0.1% 1,800,000 4618.10 4620.00 1.90 0.0% 3,000,000 7438.10 7500.00 61.90 0.8% 5,000,000 13434.20 13635.98 201.78 1.5% +�t 0 GOLF COURSE CONSERVATION RATES TO BECOME EFFECTIVE WHEN USAGE EXCEEDS THE ARIZONA DEPT. OF WATER RESOURCES ANNUAL ALLOTMENT. In 0 0 0 0 • • a • • • • • • • • • • • • APPENDIX H • •• • •• • • • • • • • • • • •• • • • • • •• • • •• • s • Utility Statistics for Calendar Year 2001 New Meters Installed 672 Services Established 2,522 Services Terminated 2,280 Service Orders Processed: Meter re-reads 156 • Water quality 96 Water pressure 73 • � Meter replacements 5 ED Service repairs 51 • Leaks 189 � Other 90 • • Total service orders: 660 660 • • • Total Water Pumped 3,083,293,400 gallons • 9,462.28 acre feet 411• Total Water Delivered 2,838,217,605 gallons 8,710.17 acre feet • Lost & Unaccounted For Water* 229,630,458 gallons � 704.71 acre feet 7.49 41. • • *ADWR allows a maximum of up to 10%to maintain compliance status. i Customers by Meter Size & User Type As of December 31, 2001 100°/a _- . , 49=7 / / -' �90% ,, • , z ,,, __. * $0%—z 4 6 _ 1 6 70°/a--% O . o, • 60% 0 • ,____ 050%—z _� 1 ______:, . , • ,I a • 40%-'— i • s • k- , iiir 30%— iii f <1 J--- • { 20%—' ill • 10%—" it OW i`':- 0% -4:- - '.--- ' . ____„...20.............11,1 ......i........." 5/8" 1" 1.5" 2" 3" 4" 6" 8" ✓✓✓ 0 0 Wholesale 1 ❑Turf 1 1 2 5 • ■Construction 430 24 26 CI Irrigation 115 106 31 76 3 3 II 0 Commercial 27 42 30 76 8 2 4 0 ■Residential 14,180 143 44 45 2 4 • Totals 14,752 315 105 198 38 7 8 4 II• • • •0 S • • 11110• Accounts By User Type As of December 31, 2001 14,414 0 Construction - 3% ❑Commercial - 1% ■Residential - 94% .� 0 Irrigation - 2% ❑Wholesale- 0% 189480 ❑Turf - 0% 9 Gallons Sold By User Type January - December 2001 ❑Construction - 2% 194,213,713 IP 27,250,919 0 Commercial - 5% 1,616,357,8171111111r�� ■Residential - 57% 4111111.11. 785,581,142 0 Irrigation - 7% • 66,633,271 0 Wholesale - 1% • 146,336,4260 Turf - 28/0° • • • Revenue By User Type January - December 2001 410 • • $47,901 $811,896 -$263,523 0 Construction -4% $535,6 ` $439,842 0 Commercial -6% \� ■Residential - 70% ❑Irrigation - 8% 41 ❑Wholesale - 1% $4,904,910 0 Turf - 11% TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: APRIL 3, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Mary Hartz-Musgrave, Managing Librarian SUBJECT: Drawing for the Friends of the Oro Valley Public Library's Raffle SUMMARY: The Friends of the Oro Valley Public Library (Friends) held a raffle as a fundraiser for the new Oro Valley Public Library's covered patio adjacent to the children's section. Several prizes are included in the raffle. The grand prize is a one week, expenses paid trip for two at the Innes House in Scotland. Other prizes include a round of golf for four at the Stone Canyon Club, two nights lodging for two at the Oro Valley Sheraton El Conquistador, and a trip for two to the Ritz Carlton at Laguna Beach. The Friends support the Oro Valley Public Library in part by raising money for improvements. In July 2001, the Friends learned that the library construction project would not include the patio canopy. A challenge was made to find the funds for the canopy's construction and the raffle was the result of that challenge. Tickets were sold at $25.00 each or 5 for $100.00. All ticket purchases are tax-deductible. A Memorandum of Understanding y and between the Town and the Friends was drafted to solidify the arrangement. Names will be drawn at the Council meeting to determine winners. If by chance a Friends' Board Member or Town Council Members name is drawn, a second name will be drawn from the bin. The Friends will present a check for $35,731 to the Mayor and Town Council upon the completion of the canopy. SUGGESTED MOTION: None Managing 'librarian Community Deve :0 ent Director own Man.,ter TOWN OF ORO VALLEY 3 COUNCIL COMMUNICATION MEETING DATE: April 3,2002 TO: HONORABLE MAYOR& COUNCIL FROM: Roxana Garrity, Deputy Town Clerk SUBJECT: PUBLIC HEARING — APPROVAL OF APPLICATION FOR A PERSON TRANSFER, SERIES 07 LIQUOR LICENSE AT THE PEPPERMILL CAFÉ LOCATED AT 1171 E. RANCHO VISTOSO BOULEVARD #159 SUMMARY: An application for a Person Transfer, Series 07 Liquor License for Ms. Agnes Loughlin has been submitted for the Peppermill Café located at 1711 E. Rancho Vistoso #159. In accordance with Section 4-201 of the Arizona Revised Statutes, the application was posted for 20 days commencing February 20, 2002 on the premises of the applicant's property. No protests were received during that time. Chief Sharp has conducted a background investigation on the applicant. He has found no derogatory information on the applicant, therefore, he has no objections to the approval of the Person Transfer of the Series ')7 Liquor License. (Series 07 Liquor License description: Beer and Wine Bar. The purpose of a Series 07 Liquor License is to allow a beer and wine bar retailer to sell and serve beer and wine, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises.) ATTACHMENTS: 1. Memorandum from Police Department 2. Liquor License Application 3. License Description from AZ Department of Liquor Licenses SUGGESTED MOTION: I move to approve the request for a Person Transfer, Series 07 Liquor License at the Peppermill Café located at 1711 E. Rancho Vistoso Boulevard#159. 4De.. ment He.. .5r. Town Man.ger � O V ► +� 2 11000 N. La Canada Dr. .,, ♦�`L , ;ry Oro Valley,Arizona 85737 Phone (520) 229-4900 FAX (520) 797-2616 DANIEL G. SHARP, Chief of Police y f WWW.ovpd.org . tly OvN DE p '1 ORO VALLEY POLICE DEPARTMENT "INTEGRITY, PRIDE, EXCELLENCE" TO: Kathryn Cuvelier FROM: ','k Daniel G. Sharp RE: Background Investigation, Application for Liquor License Peppermill Café, 1171 E. Rancho Vistoso Blvd. #159 Agnes Loughlin On February 26, 2002, the Oro Valley Police Department completed the standard background investigation on the Peppermill Café and applicant Agnes Loughlin. The Oro Valley police Department has no objection for the issuance of a liquor license to the Peppermill Café, located at 1171 E. Rancho Vistoso Blvd. u .r , :.,,-___ Q ARIZONA DEPARTMENT OF LIQUOR LICENSES imp?! CONTRO 9, `ir r � �,/n.,.,,�,,,•. ��, 400 W Congress #150 800 W Washington 5th Floor � �� r�7is.1 _ - 2 1 N,. ,;7 ,� Tucson AZ 8 701-1352 Phoenix AZ 8 007-2934 s, :. 602 542-5141 ,� (520) 628-6595 C ) : Lig APPLICATION FOR LIQUOR LICENSE :` ' TYPE OR PRINT WITH BLACK INK 1 ' n'_-) ', Notice: Effective Nov. 1, 1997, All Owners A?ents Partners Stockholders Officers or Mana'ers actively involved in the da 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 ❑ J.T.W.R.O.S. Complete Section 6 ❑ NEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16, 17 ❑ INDIVIDUAL Complete Section 6 PERSON TRANSFER (Bars & Liquor Stores ONLY) ❑ PARTNERSHIP Complete Section 6 Complete Sections 2, 3, 4, 11, 13, 15, 16, 17 E CORPORATION Complete Section 7 ❑ LOCATION TRANSFER(Bars and Liquor Stores ONLY) LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4, 12, 13, 15, 16, 17 ❑ CLUB Complete Section 8 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE ❑ 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 SECTION 3 Type of license and fees: LICENSE#: ;; I cc, I ZS j 0 L'" u , 1. Type of License: 2. Total fees attached: $ Z-2-'1- 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) SECTION 4 Applicant: (All applicants must complete this section) 0 I oi-1- j-- Ac...-z.--, 1. Applicant/Agent's N i_� (, i- 1. _ '- -i, L_ _ (Insert one name ONLY to appear on license) Last First Middle .-"D---.:• 3 6iOA i,31 2. Co ./Partnershi /L.L.C.: �- 3 t s -7""�-C n-c� L 's ac- I rP P i &g.)L(Exactly as it appears on Articles of Inc.or Articles of ) 1 614 -6 3. Business Name: ----- PP,-_-•1-2,-.,t Ca.PD (Exactly as it appears on the exterior of premises) '' 'D 4. Business Address: 1 (- t E , tZ",-)C:.-k 0 V 1 Sc, -3�..• _ a CDCs 21,c-Lc. 1 L rr.AJ 3-4 (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: (S2-''; ) E 2S - �E Residence Phone: ►!-...,:ii:'::: ., _,'` ,,,_, �=,,. :', t J✓: 6. Is the business located within the incorporated limits of the above city or town? e'YES 'A' 02 7. Mailing Address: 't.c -k E . �..a.:_,r:;c., •.s-r-a - ,____-` ± e c.:S'l o c`.� -.;c.L_c_.:=ti 8743 City State Zip 8. Enter the amount paid for a 06, 07, or 09 license: $ 1 a1c;c0 . cc (Price of License ONLY) DEPARTMENT USE ONLY Accepted b : Date: ) CJS• Lic. # U� Z dIP Fees: V I CO 12A, $ r ', '� Application Interim Permit Agent Change Club F. Prints TOTAL PRocEss1N(;AI'I'I,I('ATIONS"TAKES APPROXIMATELY 90 DAYS, ANI)CIRCUMSTANCES OFTEN RESUI:f IN A LONGER WAITIN(;PERIOD. You ARE CAUTIONED REGARDING PLANS FOR A(:RANI)OPENING, ETC., BEFORE FINAL APPROVAL ANI)ISSUANCE OF THE LICENSE. LU 0100 II/2000 *Disabled individuals requiring special accommodation, please call (602) 542-9027. SECTION 5 Interim Permit: 1. If you intend to operate business while your application is pending you will need an Interim Permitursuant to A.R.S p . 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? YES 0 NO It no, how long has it been out of use'? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. CI71 ".( 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, co ect and complete. c"—ThState of Ac- Countyof r � �„A X ( G The fore oin instrume as acknowledged (Signature) G g before me this k:14 OFFICIAL SEAL day of d, `71-S 2 . KEVIN A.KRAMBER Day . Mon Month Year ' Y-`' 1� Notary Public Arizona 1PM -#.y commissi E `�� PIMA COUNTY MCommis Ion ares (Si-I. re of NOTARY PUBLIC) June 5,2005 SECTION 6 Individual or Partnership Owners: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM"LIC0101",AN"APPLICANT"TYPE FINGERPRINT CARD,ANI)$24 FEE FOR EACH CAS. . 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? ❑ YES 0 NO 2 SECTION 7 Corporation/Limited Liability Co.: EAC11 PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101",AN"APPLICANT"TYPE FINGERPRINT CARD,AND$24 FEE FOR EACII CARD. 0 CORPORATION Complete questions 1, 2, 3, 5, 6, 7, 8. 131 L.L.C. Complete questions 1, 2, 4, 5, 6, 7 and attach copy of Articles of Org. and Operation Agreement. 1. Name of Corporation/L.L.C.: � C� fS `�cz L s (Exactly as it appears on Articles of Inc.or Articles of Org.) Gla2. Date Incorporated/Organized: State where Incorporated/Organized: c =Zwrz- 3. AZ Corporation Commission File No.: Date authorized to do business in AZ: s‘ !2.0 I 4. AZ L.L.C. File No: tv - C it s?() =3 -- Date authorized to do business in AZ: G , Z c;c C" *V 5. Is Corp./L.L.C. non-profit? 0 YES NNO If yes, give IRS tax exempt number: 6. List all directors/officers in Corporation/L.L.C.: Last First Middle Title Residence Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10% or more: Last First Middle % Owned Residence Address City State Zip 2s- k__.04-,C,N-k L._ „ . e . -44 (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? ❑ YES 0 NO If yes, give IRS tax exempt number: 3. List officer and directors: Last First Middle Title Residence Address City State Zip (A"ITACI I ADDITIONAL SHEET IF NECESSARY) 3 r SEC TION 9 Probate, Will Assignment or Divorce Decree of all existing Bar or Liquor Store: 1. Current Licensee's Name: (Exactly as it appears on license) Last First Middle 2. Assignee's Name: List First Middle 3. License Type: License Number: Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRU MINT, 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: k ;,--1K-N-)'- t.)4^^ Entity: • c.,, ,,--1— (Exactly as it appears on license) Last First Middle ndiv..Agent.etc.) 2. CorporationlL.L.C. Name: z,�,;—; i.i C (Exactly as it appears on license) 3. Current Business Name: (?__ (Exactly as it appears on license) 4. Current Business Address: ! i ( t < <L..a c...;c moi, ,t-� 1 Cxc \,)4- ..._-;.-7';' 83-{- 5. License Type: License Number: C4- t C G `-2--5 Last Renewal Date: I Ze /zoo 1 6. Current Mailing Address (other than business): 4 42 5 c.,`: ., :--��s,rte;C� ..�,- v c-�t....� i - - SJ 4 Z 7. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? MYES ❑ NO 8. Does the applicant intend to operate the business while this application is pending? g YES ❑ 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. , declare that I am the CURRENT LICENSEE of the stated license. I have read this (Print full name) application and the contents and all: tements true, correct and complete. % jf State of L. ♦-) County of ,,��,.r� The fore of ins ent was acknowledged before me that X --' (_ . f-'1 i. -.-.// -.� g g (Stbnature,vf CURRNT�I_10ENSEE) ' 1 t / day of ,,,' -`. � ''�, KEVIN FICIAL,SEAL Day Mon 7-CC-Z_ - I tli ' ,, N A.KAAM Year 1►� '= Notary Public-Arizona ar",- .0 L41—e"A" My commission expires o d,1 ' �1 r,; PIMA c0u • 'Q� .�' My Commission Expires (Si' .Iture n,t.N 't' ZY PUBLIC) `"' i'�r,c�5 2005 .__._.. ..... . ..........i SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A(,()CATION TRANSFER UNTI1,IT IS APPROVED BY TILE STATE. Current Business Name and Address: (Exactly 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? SECTION 13 Questions for all in-state applicants: 1 r..\ .Ern1. Distance to nearest school:eccb ft. Name/Address of school: Lc �a c__ (Regardless of distance) ' t Bec-C) t-'. :�. - '� T .4 42.r ,1-�. 2. Distance to nearest church: C- ft. Name/Address of church: SA.-"1-1= � A CAc c. (Regardless of distance) 1'38c N - Q 7:12:b �� -�..� ,a, A . I am the: 0 LESSEE Egg SUBLESSEE 0 OWNER 0 PURCHASER(of premises) 4. If the premises is leased give lessors name and address: )-7? �.,,..�.. Z vJ� ES k 4a. Monthly rental/lease rate $ I Sc . What is the remaining length of the lease? S yrs. mos. 4b. What is the penalty if the lease is not fulfilled? $ 5o • or other } (give details - attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ "4-4 . r, Does any one creditor represent more than 10% of that sum? 'YES 0 NO If yes, list below. Total must equal 100%. Last First Middle %Owed Residence Address City State Zip • IC:2;e:`:d 14�Z_) l-•., LE-3S L-12.4'V L I V JC',i,► z (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for? (BE SPECIFIC) �.�,. � �%sz--�...►-�- - 7 . Has a license, or a transfer license for the premises on this application been denied by the state within the past one (1) year? 0 YES Z'NO If yes, attach explanation. Does any spirituous liquor manufacturer, wholesaler, or employee , have any interest in your business? OYES NO 9. Is theP remises currently licensed with a liquor license? .4 YES 0 NO If yes, give license number and licensee's name: • G- <c cJ L_ on license)ense � \,-Z . Ltc,LicenseII (Cxactly as it appears c ) Name 5 SECTION 14 Restaurant, or Hotel-Motel Applicants: 1. Is there a valid restaurant or hotel-motel license at the proposed location? 0 YES 0 NO IfY es, give licensee's name: and license #: Last First Middle 2. If the answer to Question 1 is YES, you may qualify 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) provided by the Department of Liquor. P 4. Do you understand that 40% of your annual gross revenue must be from food sales? 0 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: jg Entrances/Exits Liquor storage areas ❑ Drive-in windows ig Patio enclosures ❑ Service windows Under construction: estimated completion date A c:z. 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. DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. (-2C;CD ct— sro l _ /0( tA f!i Grp) `- � . -rte S 4 ,� / J • T c !-qZ. YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. 6 SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List below the exact names of all churches, schools, and spirituous liquor outlets within a ne half mile radius of your proposed location. C �., C-c_ :r,0-:‘-: . (c .c3 i . �. r-rf' ;-:,, (-..;' :., �Y . N1' 2. 1, 3 d 3. ) 4. (.; 5. 6. 8. A ..‘ % 10. 11. 12. 13. 14. 15. '.TTACH ADDITIONAL SHEET IF NECESSARY) A = Your business name and identify cross streets. SECTION 17 Signature Block: I, ka..)7.--.73, Lr _ l_4,...;6 `, , 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 hich these statements are • and 5) that none of the owners, partners, members, officers, directors or stockholders listed have been co icted of a felony in the past\five ( ears. State of r < .`,, County of .ti•µA X The foreg•. g instrument js acknowledged before me this t (Signature) ' C.r 7)07)Z_____,% day of -�:,rz, ?..t.ip f,,,. OFFICIAL. SEALBERDa .f Mon Month Year � ''� KEVIN A r; " Notary Public Arizona . y:;,v►..- , PIMA COUNTY i My commission expires o '4`��' •• rJune 5, ' 'reS (S._iatur- e ..OTARY PUBLIC) 2005 L • SAMPLE GEOGRAPHICAL DATA In the area adjacent to the map provided below indicates your proposed locatiL and the exact names of all churches, schools, and alcoholic beverage outlets within a 1/2 mile radius of your proposed location. (See example below) A = 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 Mi . 09 St . Anthonys Church Latrobe 11111166, 10 St . Anthonys School 1 11 11 Burbank Middle School Mi . Lockwood A 4 2 7 Mi . 12 First United Baptist Church 13 •11111111111r 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 (300) horizontal feet of a public or private school building with kindergarten programs or any of grades one ( 1 ) through twelve ( 12 ) . or within three hundred ( 300 ) horizontal feet of a fenced recreational area adjacent to such school building . ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 400 W Congress#150 800 W Washington 5th Floor '!` 1T Tucson AZ 85701-1352 1352 Phoenix AZ 85007-2934 (602) 542-5141 ��jov (520) 628-6595 CERTIFICATION OF COMPLETED ALCOHOL TRAINING PROGRAM(S)=I'a OBTAIN ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY,DOCUMENT IS COMPUTER SCANNED. TYPE OR;PRINT iN T-H BLACK INK. ALCOHOL TRAINING PROGRAM INDIVIDUAL INFORMATION • /,' ni c.� / Cr i.l41i L 1 Individual,(Name(Print) Individual SignatuI e TYPE OF TRAINING COMPLETED TRAINER MUST CHECK YES OR NO FOR EACH TYPE --�" ,. Li YES Ed NO BASIC R1 YES NO ON SALE Bate rani omp et-- [21 YES El NO MANAGEMENT 1] YES 1X NO OFF SALE YES NO BOTH n YES NO OTHER El � � IF TRAINEE IS EMPLOYED BY A LICENSEE: L . C G T l CCS t Z�J NAME OF THE LICENSEE BUSINESS NAME LIQUOR LICENSE NUMBER ALCOHOL TRAINING PROGRAM PROVIDER INFORMATION SOUTH ERN ARIZONA LIQUOR CONSULTANTS Company or Individual Name MAILING ADDRESS — 9121 E. TANQUE VERDE #150 PMB223 Address • & ! • . . • 1 . 1 • 1 City State Zip Phone I Certify the above named individual has successfully completed the specified program(s). • _ rainer`ame('not t 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. Lac 1021 10/2001 Disabled individuals requiring special accommodations please call(602)542-9051 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL • �agfr - 800 W Washington 5th Floor • 400 W Congress #150 '� ,� �( ��.� �� Tucson AZ 85701-135? Phoenix AZ K_5007- 934 ,..�,� ,.. � �_ '`.'_. _ .� (520) 628-6595 (60�) 54� 5141 �� CERTIFICATION OF COMPLETED ALCOHOL TRAINING PROGPAM(S) 0 OBTAIN ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY,DOCUMENT IS COMPUTER SCANNED. TYPE QR PRINT WITH BLACK INK. ALCOHOL TRAINING PROGRAM INDIVIDUAL INFORMATION' •-• ' - A�.� , L . N L 1 s Individual Name(Pent) Individual Signature / TYPE OF TRAINING COMPLETED TRAINER MUST CHECK YES OR NO FOR EACH TYPE J a , . [EYES n NO BASIC YES n NO ON SALE Date Training Completed E YES F-it NO MANAGEMENT n YES NO OFF SALE YES RI NO BOTH ❑ YES (K NO OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: ^ to c..: • 72, v„, NAME OF THE LICENSEE BUSINESS NAME LIQUOR LICENSE NUMBER ALCOHOL TRAINING PROGRAM PROVIDER INFORMATION SOUTHERN ARIZONA LIQUOR CONSULTANTS Company or Individual Name MAILING ADDRESS - 9121 E. TANQUE VERDE #150 PMB223 Address TUCSON ARIZO. A 85749 (520) 760--3902 City State Zip Phone I Certify the above named individual has successfully completed the specified program(s). MIL vainer`ame "not .7M ,2 - Z rainer 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. UC 1021 10/2001 Disabled individuals requiring special accommodations please call(602)542-9051 ADLLC: License Types: Beer and Wine Bar License Page 1 of 2 Arizona Department of Liquor Licenses and Control 800 W. Washington, 5th Floor, Phoenix, AZ 85007 'L 1 Phone: voice (602) 542-5141 fax (602) 542-5707 E-mail: 1iqz11.ccm 1=2MM License Types: Series 07 Beer and Wine Bar License Licensing Transferable (From person to person and/or location to location within the same Training county only) On & off-sale retail privileges Information Note:Terms in BOLD CAPITALS are defined in the glossary. Lam s PURPOSE: About wjY,.°` Allows a beer and wine bar retailer to sell and serve beer and wine,primarily by individual portions,to be consumed on the premises and in the original container for consumption on or off the premises. ADDITIONAL RIGHTS AND RESPONSIBILITIES: Com/items Co /i e" m' A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of DELIVERY. The retailer must complete a Department approved "Record of Delivery" form for each spirituous liquor retail delivery. 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 responsibilities. Off-sale ("To Go") package sales can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the one provided for the bar. 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 http://www.azll.com/lic07.htm 2/19/02 ADLLC: License Types: Beer and Wine Bar License Page 2 of 2 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: This is a QUOTA LICENSE, which means there are no "new" Series 07 licenses available. It must be purchased privately and the price is based on availability in the county. Once a Series 07 has been purchased,the buyer must apply for a transfer to have the license put in his or her name, at the same or another location. Non-refundable person(ownership)transfer fee: $100.00 Non-refundable location transfer fee: $100.00 Fingerprint fee per card: Contact Department Interim Permit fee (not allowed on location transfer): $100.00 Upon approval: Final fees for a person(ownership)transfer: $300.00 Final fees for a location transfer: $100.00 Final fees for a person/location transfer: $400.00 Annual renewal fee (includes SURCHARGE): $145.00 ARIZONA STATUTES AND REGULATIONS: ARS 4-119, 4-201,4-202, 4-203, 4-206.01, 4-207, 4-207.01, 4-209(B)(7), 4-209(D) (7), 4-209(J),4-222, 4-261; Rule R19-1-206, R19-1-214. http://www.azll.com/1ic07.htm 2/19/02 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 3, 2002 TO: HONORABLE MAYOR AND COUNCIL FROM: Jeff Grant, Human Resources Director SUBJECT: Ordinance No. 0 02- 10 Amending Policy No. 10, Attendance and Leaves, of the Town of Oro Valley Personnel Policies and Procedures Code. 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. Revisions to the subject policy are recommended in order to provide a competitive level of annual leave to some of the Town's employees, and to clarify several minor segments of the policy. Revision to Policy No. 10 — Attendance and Leaves, Section 2 — Annual Leave: The proposed amendment will change the Annual Leave accrual rate for Department Heads to a constant rate of 160 hours per year, beginning with the date of hire of the incumbent. In virtually every instance when they are recruited, Department Head candidates from other jurisdictions have attained levels of seniority with their current agencies which generally grant them four or more weeks of vacation per year. In attempting to recruit them to Oro Valley, the Town frequently has to consider granting exceptions to the annual leave accrual rates in our policy in order to be able to recruit these candidates effectively. In turn, this creates inequities in the accrual rates of the various Apartment Head incumbents. The consistent approach of granting Department Heads 160 hours (4 weeks) of .inual leave beginning with their date of hire will eliminate this problem. Other changes of a minor nature are also included in order to correct minor deficiencies in language, spelling, etc. Changes of this type include: • Elimination of references to the 37.5 hour work week. ■ Pursuant to Council action in 2001, Annual leave and Holiday pay are now counted towards the 40 hour week for overtime calculation purposes. FISCAL IMPACT: The fiscal impact of the recommended change in the annual leave accrual rate noted above will be the addition of an average of one week of annual leave per Department Head. RECOMMENDATION: Staff recommends the adoption of the amendment as presented. TOWN OF ORO VALLEY -OUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTION: I move to approve Ordinance No. 0 02 -10 amending the Town of Oro Valley Personnel Policies and Procedures Code, Policy No. 10—Attendance and Leaves. 1 / f Jeff Grant;\Human Resources Director Chuck Sweet, Town Manager liti ;�.yVIP� CO ; /1/4. opt ti 411 ORDINANCE NO. 02 - 10 AN ORDINANCE OF THE TOWN OF ORO VALLEY,ARIZONA AMENDING 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; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER. 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 Section 2 of Policy No. 10, which would permit Town Department Heads to accrue annual leave at a standard level; 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 2 of Policy No. 10 is amended to include the following addition shown in ALL CAPS and deletions, shown as st ikethro ghs: Policy 10 ATTENDANCE AND LEAVES Section 2. Annual Leave: Timing of the leave shall be at the approval of the Department Head. All employees shall be entitled to annual leave with pay except for the following: A. Employees who have completed less than six (6) calendar months of service (probationary period) are not eligible to take ANNUAL leave. However, annual leave is accrued during that period and may be taken following the successful completion of the probationary period. Because Police Officers serve a longer (12 month) probationary period, they are eligible to use annual leave following the completion of their first six months of employment. Should they terminate their employment after serving six months (but prior to completing 12 months); they will be paid for all unused annual leave at that time. B. Employees who work on a provisional or volunteer basis and all employees who work less than 975 hours per year. C. All part-time employees who have a regular work schedule of less than twenty (20) hours per week. If work demands do not permit employees to use all of their annual leave in a particular anniversary year, such annual leave shall be carried over at the discretion of the Town Manager. The amount carried over must be used in the next anniversary year. Under no circumstances may an employee accrue more annual leave than would normally be earned in 18 months of service. In the event one or more municipal holidays fall within an annual leave, such holidays shall not be charged as annual leave. Employees who terminate employment shall be paid in a lump sum for all unused accrued annual leave prior to AS OF the effective date of termination. The annual leave accrual policy is as follows: Full-time employees, WITH THE EXCEPTION OF DEPARTMENT HEADS, accrue annual leave at a rate specified below, which depends on their length of employment with the Town OF ORO VALLEY . -: -- - - -- :- : -: - •- •-• -•'- . week. ANNUAL LEAVE WILL BE ACCRUED ON A PRORATED BASIS PER PAY PERIOD USING THE FORMULA NOTED. Years Scheduled Hours per Earned Hours Employed Regular Work Week Annual leave 1-5 40 80 37.5 6-10 40 120 37.5 112.5 11 & Over 40 160 37.5 - 0 IN ORDER FOR THE TOWN OF ORO VALLEY TO BE ABLE TO ATTRACT QUALIFIED CANDIDATES DURING RECRUITING, AND IN RESPONSE TO THE NATURE OF THEIR JOBS, DEPARTMENT HEADS WILL ACCRUE ANNUAL LEAVE AT A RATE OF 160 HOURS PER YEAR BEGINNING WITH THEIR FIRST DAY OF EMPLOYMENT. For purposes of determining "year employed"the year noted is assumed to begin on the day after the preceding anniversary. (For example, you are assumed to be in your sixth "year employed" on the day after your fifth anniversary (and therefore earning at the higher accrual rate beginning with that date.) above. Part-time employees whose normal work week is 20 hours or more but less than 32 hours shall accrue annual leave at half the rate of full-time employees. SECTION 2. 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 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. 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 3rd day of APRIL , 2002. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney n TOWN OF ORO VALLEY 5 COUNCIL COMMUNICATION MEETING DATE: April3, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: David Ronquillo, Planner I SUBJECT: PUBLIC HEARING: OV8-01-02, PWP LAMBERT LLC, REPRESENTING THE PROPERTY OWNER, REQUESTS APPROVAL OF A CONDITIONAL USE PERMIT FOR AN UNDERBUILD PRIMARY RISER POLE TO SERVE THE OSCO DRUG SITE; LOCATED ON THE SOUTHEAST CORNER OF LA CANADA AND LAMBERT LANE, PARCEL #22425025D BACKGROUND: PWP Lambert LLC, representing the property owner, requests review of a conditional use permit for an underbuild primary riser pole to provide electricity for the Osco Drug site. The Osco Drug store is currently under construction on the southwest corner of Lambert Lane and La Canada Drive. This building is 14,841 square feet in size and part of a 14.90 acre development designated for commercial use. The proposed utility pole will be located on the north side of the Osco Drug site and on the south side of Lambert Lane, inline with the existing utility poles in the area. 'he main reason for this request is to avoid underground installation of the electricity wires, otherwise encouraged by the Town via the OVZCR. The underground installation of this utility would require crossing La Canada Drive (to the west) to a new primary riser on an existing pole on the southwest corner of Lambert Lane and La Canada Drive. There is an existing riser pole on the north side of Osco; however, it does not have the capacity to serve this site. The applicant asserts that underground installation, at this time, would require potential boring of La Canada Drive and possible conflicts coordinating with the existing utilities. The Oro Valley Zoning Code prohibits the installation of overhead wires except after obtaining a conditional use permit from the Town. There are existing overheard wires along Lambert Lane; however, in the future, Public Works plans to underground all existing overhead utilities in this area, when road improvements begin. Currently, there is no tentative date scheduled for these improvements; however, the project should begin by the year 2005. In order for Public Works to coordinate these efforts with Tucson Electric Power, it would be practical to allow the proposed utility pole at this time and then require underground installation when the road improvements begin. This would eliminate the need of an underground crossing at La Canada and the utility pole would provide only temporary service until Lambert Lane is expanded. SURROUNDING LAND USES: North: El Conquistador Country Club Planned Area Development, Fry's shopping center. West: El Conquistador Country Club Planned Area Development, Canada Crossroads Plaza. East: Villages of La Canada Planned Area Development, Single Family Residential. �'outh: Villages of La Canada Planned Area Development, Single Family Residential. TOWN OF ORO VALLEY 7OUNCIL COMMUNICATION Page 2 of 4 Public Works The Engineering Department has recommended that the new riser pole be installed to service the Osco Drug site; however, the proposed pole must be removed and the lines undergrounded when road improvements begin on Lambert Lane. Tucson Electric Power (TEP) Tucson Electric Power is aware that installation of overhead wires is strongly discouraged in the Town but is willing to grant permission to build the primary riser pole if the conditional use permit is approved by Town Council. TEP must work with Public Works once the proposed road improvements begin and provide underground installation. COMPLIANCE WITH OVZCR ARTICLE 3-2, USE PERMITS: Use permits may be granted when the determination has been made that the granting of such conditional use permit will not be materially detrimental to the public health, safety or welfare. In arriving at this determination, the factors to be considered shall include the following: A. That the granting of such conditional use permit will not be materially detrimental to the public, health, safety, or welfare. There are existing utility poles along Lambert Lane that will eventually require underground installation and it is apparent that the surrounding property owners will be adversely impacted by the proposed use only on a short term basis. 1. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination; Not applicable. 2. Hazard to persons and property from possible explosion, contamination,fire or flood; Not applicable. 3. Hazard occasioned by unusual volume or character of traffic. The utility pole will generate minimal maintenance traffic. B. That the characteristics of the use proposed in such use permits are reasonably compatible with the types of uses permitted in the surrounding area. The proposed riser pole is compatible with the existing utility poles along Lambert Lane and the viewshed impacts will only be temporary. F:\OV\OV8\2001\8-01-02\TC report.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 4 COMPLIANCE WITH OVZCR ARTICLE 9-109,ERECTION OF NEW UTILITY POLES: Sec. 9-109A, "The aesthetics involved in the erection of new utility poles shall be considered. " The proposed pole shall be no higher than the existing poles with minimum spacing to the adjacent pole and any associated ground equipment must be adequately screened. Sec. 9-109B.5, "The availability of a suitable right-of-way for the installation. " The proposed right-of-way is suitable for the installation of this pole. Sec. 9-109B6, Future conditions which may be reasonably anticipated in the area in view of a normal course of development. " In order to avoid the installation of additional utility poles in this area, the proposed pole should provide adequate power to service any future development on this corner. Furthermore, the future road improvements of Lambert Lane have been considered with the installation of this pole. PUBLIC NOTIFICATION AND COMMENT: ,urrounding neighbors have been notified in accordance with all requirements for a scheduled public hearing. Upon completion of this report,no comments had been received from concerned residents. GENERAL PLAN COMPLIANCE: As proposed, this project does not meet the following General Plan Design Elements; • Policy 1.1E "To ensure that the built environment is aesthetically pleasing and compatible with the natural area . In the future, the underground installation of all utilities along Lambert Lane will enhance the natural characteristics of the area. PLANNING AND ZONING COMMISSION ACTION: On March 5, 2002, the Planning and Zoning Commission voted unanimously by a (5-0) vote to recommend conditional approval of the proposed pole. The conditions addressed by the Commission are attached as Exhibit «A» RECOMMENDATION: Staff has reviewed the applicant's request for a conditional use permit and recommends approval finding that iture road improvements on Lambert Lane (tentatively scheduled for the year 2005) will result in underground Aastallation of this pole. F:\ov\ovwoo \8-O 1-02\TC report.doc TOWN OF ORO VALLEY 'OUNCIL COMMUNICATION Page 4 of 4 SUGGESTED MOTIONS: I move to approve 0V8-01-02, PWP LLC. request for a conditional use permit, subject to the conditions listed in Exhibit "A". OR I move to approve OV8-O 1-02, PWP LLC. Request for a conditional use permit, subject to the conditions listed in Exhibit "A" and the following added conditions: OR I move to deny OV8-01-02, PWP LLC. request for a conditional use permit finding that: Attachments: 1. Site map 2. Photos Play, :f d Zonin Administrator ‘cA:. Community evelopment Director Town Manager F:\OV\ov8\2001\s-o1-02\TC report.doc s . EXHIBIT "A" OV8-01-02 CONDITIONAL USE PERMIT 1. The proposed pole must be designed to service the entire site (southwest corner of La Canada and Lambert Lane). 2. The Conditional Use Permit is terminated at such time as the underground electrical utilities in the area adjacent to the site are completed. '''';'''''''Ael.''''''-'':;::-'4. '•''''''': 4a7Cip"1.?r%167 _________ .• _ ,, '*.*:---iiii , -4, . p itiked,:,1 ' i&ICI;Fila ----- w - - --=.e.:7-.____.4--JA , ) ,.-,,, 1 ,s� ' '' .- --' '.:.-- -,::'-. . 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LA CANADA DRI, .ri 1 AJ " SI tl ,ti A 6 r— —• I i,`,0 i,,t 1 4 §, ; ri.-",-is -(1,<A 0 m ------, 2 0, c., a•ci ?-... !.4 > 1•'' FT9 21t- -,,,, 6' Tit li t• ,; I I 1 1 t i Burlini/Silberschlag, Ltd osco DRua No. 9344 i fii k,i ° Architects and Planners AIA LAMBERT 4 I-A CANADA ORO VALLEY,AZ 4400 East Broadway,Suite 400,Tucson,Arizona 85711 -0 2 .)!Lo-.irj TEL 520-323-1996 I FAX:520-323-2091 REFERENCE SITE PLAN . '7 IBJ L�NIa �uty�i rrtuu l l ui N 03/22/2002 11:35 520407953 j} 41011`f) , 1` '— 17 WEST WETMORE, SUITE 100 t TUCSON, ARIZONA 85705 (520)407-9530 FAX(520) 407-9532 ConxtruaioM,License#070445 Residential License#050440 Concrete Lieen50#1(6462 March 27, 2002 Charles Boyd PWP LAMBERT, L.L.C. 7Q77 E. Bell Road, Suite 210 Scottsdale, AZ 85254 RE: Osco Drug Store#9344 Lambert and La Canada Oro Valley, AZ Dear Charlie, The following are the costs proposals your requested: s o�vn onp�s drawing:the Osco Store from an under built Pole as h Provide PrimaryPower for $ 800.00 excavation and backfill @ $4.00 per foot 200 LF X per foot 5 00.00 200 LF 4" PVC conduit @ $2.5000 $120.00 each (xncludi�g concarete) 120.- 4" Steel 90° 36" Sweep @ 00 1250. 10' Steelriser conduit @ $250.00 each 1� 6,000.00 Charges TEP C h g @ $6000.00 00 350.00 tofwaY permits @ $ 350. Right 642.00 Overhead and Profit @ 8% 428.00 Sales Tax @ 4.94% $ 9 089.00 S aX , TOTAL COST West Corner of Lambert aid La Canada: ar Power for the Osco Store from the South Provide Primary 1,336.00$ 334 LF of excavation and backfill in dirt areas @ $4.00 pez foot • asphalt @ $9.00 per foot 324.00 36 LF of excavation,backfill, and R&R p @ $100.00 (+pot holes) 11,200.00 102 LF of boring La Canadafoot 1,,150.00 u @ $2.50 per 472 LF of 4" PVC conduit (inc conc) 120.00 „ Sweep @$120.00 each 1- 4" Steel 90° 3 6 5 vv p 0 each 250.00 conduit @$250.0 1 —4" Steel riser @ 3500.00 3,500,00 $ T�raffic Control@ $350.40 350.00 Right of way permits @ 8% 1,461.00 and Profit Overhead 4.94% 944.00 Tax @ Sales T' x $20,945.00 TOTAL COST If youY have . questions please feel free to call. Sincer- _ W. _ L . g struction, Inc. ilaiatn J. Lang, President Cc: Larry Monrad, Monrad Engineering SUPPLEMENTAL INFORMATION ITEM #5 TOWN OF ORO VALLEY UNCIL COMMUNICATION Page 4 of 4 SUGGESTED MOTIONS: I move to adopt Ordinance No. 02-11, subject to the conditions listed in Exhibit "A". OR I move to adopt Ordinance No. 02-11, ., subject to the conditions listed in Exhibit "A" and the following added conditions: . OR I move to deny Ordinance 02-11 request for a conditional use permit finding that: . Attachments: 1. Site map 2. Photos / . Adm..i Pla IRMIP d Zonin Administrator .cA. Community evelopment Director 64:m2LAUt104---- Town Manager F:\OV\OV 8\2001\s-o1-02\TC report.doc ORDINANCE NO. (0)02-11 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, REQUEST FOR A CONDITIONAL USE PERMIT FOR AN UNDERBUILD PRIMARY RISER POLE TO SERVE THE OSCO DRUG SITE LOCATED AT THE SOUTHEAST INTERSECTION OF LA CANADA DRIVE AND LAMBERT LANE. WHEREAS, Charles Boyd, representing PWP Lambert LLC, has requested a Conditional Use Permit (CUP) for an underbuild primary riser pole to serve the Osco Drug Site located on the southeast corner of La Canada Drive and Lambert Lane; and WHEREAS, the Planning and Zoning Commission, reviewed said CUP at a duly noticed Public Hearing, in accordance with Arizona Revised Statutes, and having made its recommendations to the Town Council; and WHEREAS, the Oro Valley Town Council has duly considered the CUP at a Public Hearing and finds that it is consistent with the Town's General Plan, and other Town ordinances, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. That the CUP for an underbuild primary riser pole per Article 3-2 of the OVZCR shall be granted, and that all applicable development standards in the Oro Valley Zoning Code Revised and the conditions attached as Exhibit"A"shall apply thereto to said property. SECTION 2. That this ordinance and the various parts thereof are hereby declared to be revocable. If any section, sub-section, sentence,clause,word or phrase of this ordinance is, for any reason,held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 3rd day of April,2002. Paul H. Loomis,Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney EXHIBIT "A" Y OV8-01-02 CONDITIONAL USE PERMIT 1. The proposed pole must be designed to service the entire site (southwest corner of La Canada and Lambert Lane). 2. The Conditional Use Permit is terminated at such time as the underground electrical utilities in the area adjacent to the site are completed. TOWN OF ORO VALLEY Page 1 of 2 COUNCIL COMMUNICATION MEETING DATE: 04/03/02 TO: HONORABLE MAYOR AND COUNCIL FROM: DAN DUDLEY, TOWN ATTORNEY SUBJECT: DISCUSSION, CONSIDERATION AND POSSIBLE ACTION REGARDING SETTLEMENT OF PENDING LITIGATION IN WONG FAMILY, L.L.C. V. TOWN OF ORO VALLEY, PIMA COUNTY CAUSE NO. 20005064 AND WONG FAMILY, L.L.C. V. TOWN OF ORO VALLEY, PIMA COUNTY CAUSE NO. 20013660 SUMMARY: On August 16, 2000, the Oro Valley Town Council denied approval of a preliminary plat for a property known as the Naranja Ridge Estates (OV 12-99-18) owned by the Wong Family, LLC. Upon the Town's denial of the preliminary plat, the Wong Family, LLC filed a special action in the Pima County Superior Court to seek to have the plat approved. On June 15, 2001, Judge Brown ruled by Minute Entry that the Town of Oro Valley was to "approve the Wong plat that they denied at their August 16, 2000 meeting, forthwith." The primary basis of the Town's denial of the preliminary plat by the Mayor and Council at that time was related to concerns relative to septic/sewer issues. As part of that Minute Entry the Court determined that the town could not require the Wong Family, LLC as a precondition to (preliminary)plat approval, to demonstrate that ADEQ and PDEQ standards and requirements are adequate to protect its well. The Court determined that ADEQ and PDEQ had jurisdiction over the applicable issues not the Town of Oro Valley. As a result of the lawsuit, culminating in the minute entry of Judge Brown on June 15, 2001, the Wong Family, LLC was awarded, with accrued interest to date, approximately$68,000 in that case. That matter is now on appeal. Subsequent to that case, the Wong Family, LLC filed a separate damage case. Our Trial Counsel, Mr. Tom Irvine, has recommended settlement of both lawsuits for the payment to the Wong Family, LLC of an additional $82,000.00 or a total of$150,000.00 subject to the dismissal with prejudice of both actions. ATTACHMENTS: N/A RECOMMENDATION: I recommend settlement of the above matters as recommended by our Trial Counsel, Tom Irvine. FISCAL IMPACT: As indicated. F:\Council\Regular\040302 Wong settlement 032702.doc 1► TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: 04/03/02 SUGGESTED MOTION: I move to accept the recommendation of the Town Attorney and direct that a Settlement Agreement incorporating the terms of that recommendation be entered into by the Town. z Town Attorney • w i Manager F:\Council\Regular\040302 Wong settlement 032702.doc