The URL can be used to link to this page

Home My WebLink AboutPackets - Council Packets (1377) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION DECEMBER 04, 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) legal advice regarding Reclaimed Water Funding RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE —At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask the Town Manager to review the matter, ask that the matter be placed on a future agenda, or respond to comments made by speakers. However, the Mayor and Council may not 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 what you wish to discuss when completing the blue speaker card. 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 11/20/02 B. Award of Contract #0V20-02-02 to Smyth Steel Manufacturing, Inc. in the amount of$791,922.00 for expansion of the Oro Valley Water Utility High Mesa Reservoir C. Application for Inclusion to the Oro Valley Water Utility Service Area submitted by Arizona Shurgard Storage Centers, Inc. based upon the letter of commitment received from the developer supporting any effort by the Town of Oro Valley to annex subject property 12/04/02 Agenda, Council Regular Session 2 D. Resolution No. (R)02-108 Approving and authorizing an Intergovernmental Agreement between the Central Arizona Water Conservation District and the Town of Oro Valley providing for delivery of Central Arizona Project Incentive Recharge Water 2 PRESENTATION TO MICHAEL ANDERSON, EAGLE SCOUT, TROOP 299 3. AWARD OF CERTIFICATE OF APPRECIATION TO TOM FISHER, PIMA ASSOCIATION OF GOVERNMENTS FOR HIS WORK AS A QUASI- CONSULTANT ON THE TOWN'S TRANSIT DEVELOPMENT PLAN 4. PRESENTATION OF CERTIFICATES OF APPRECIATION TO MAYOR, TOWN COUNCIL MEMBERS AND STAFF FROM IN-LINE SKATE ORGANIZATION FOR THEIR SUPPORT OF THE CACTUS SPEED CLASSIC HELD ON NOVEMBER 10, 2002 5. PRESENTATION OF CERTIFICATES OF APPRECIATION TO MEMBERS OF THE ORO VALLEY NARANJA TOWN SITE EXECUTIVE COMMITTEE AND TASK FORCE 6. ANNEXATION PUBLIC HEARING — IN ACCORDANCE WITH ARS 9- 471(A) — REGARDING PROPOSED ANNEXATION OF APPROXIMATELY 251.51 ACRES OF UNINCORPORATED TERRITORY LOCATED WEST OF THE CURRENT TOWN LIMITS INCLUDING A PORTION OF THE SOUTHWEST 1/4 OF SECTION 15 AND THE NORTHWEST 1/4 OF SECTION 22, ALL IN TOWNSHIP 12 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA (KNOWN AS LA CHOLLA/LUCERO) 7. CONTINUED PUBLIC HEARING — ORDINANCE NO. (0)02-24 OV9-01-06 REQUESTS A REZONING FROM R1-144 (SINGLE-FAMILY RESIDENTIAL) TO R1-7 (SINGLE-FAMILY RESIDENTIAL) FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF LA CANADA DRIVE AND TANGERINE ROAD, PARCELS 224070010 AND 224070020 (CONTINUED FROM NOVEMBER 6, 2002) 8. BUDGET AND BOND COMMITTEE REQUEST FOR CLARIFICATION WITH RESPECT TO DEVELOPMENT OF A TOWN REVENUE PLAN 9. CANCELLATION OF THE FIRST COUNCIL MEETING IN JANUARY (JANUARY 1, 2003) DUE TO THE NEW YEAR'S DAY HOLIDAY TOWN MANAGER'S REPORT 12/04/02 Agenda, Council Regular Session 3 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 be placed 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 what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 11/27/02 4:30 p.m. lh When possible, a packet of agenda materials as listed above will be available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00 p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, at 229-4700. 12/04/02 Agenda, Council Regular Session 4 INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. MINUTES A ORO VALLEY TOWN COUNCIL REGULAR SESSION NOVEMBER 20, 2002 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER 5:30 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor(Ary: :10 p.m.) Bart Rochman, Council Membe{. .,{{{{��{,ff,,.f f. Werner Wolff, Council Me , f : S'ff{f r. EXCUSED: Paula Abbott Council .� a �f.er EXECUTIVE SESSION AT OR AFTER 5:301'0,,,,:1„„„ MOTION: A MOTION was made by C :•, cil Member: ehman and SECONDED by Council Member Wolff to intoExec4 .. go �r::f: µ�:��•.: �� n at 5 � ��•�� . for the following 11111111, :21111,11117 u purpose: 1. Pursuant to ARS 38-43 )(3) r ng 680 West Calle Concordia Claim 2. Pursuant to ARS { } :::r ,: 3 8. f :'.� :::,,� 3 re a�. in John Martin Claim 3. Pursuant to ARS r Y 1.0 3 red Dunlapv. Detective Andrew Novak, et al, Pima Cou .us .rye};:.;.:kfu .6 i{i{:�••:;}.ffi.�.•;y{y A:t ivy�,u....... .yy:t:F•.G: '.r:<+'rf::.;%.?Y,l.+n:�•^...:?:::.,. 'FF.f//{: :.��'Y}:iii::ii'ii::r+rf 4. Pursuant to ARS 3: rx r`:?} " Williams, . �:• ��(A •�`jigarding Herbert et al v. Town of }fff { n f: Oro Val - :r . a Co :1 .use No. CV20025195 5. PursuAlli'ge/partmeatilleRD l '''....1:41411a31‘.':,::;.0,)(3)Fregarding Yolanda C. Hallberg v. Oro Valley Po N•. 03-0045 11111 .Motion cameo % di> > >A 1111010000/00o •ice•;�'.,'••.:{f••"••+•;,f: Mayor Loomis anno' .'ed that Acting Town Attorney Tobin Sidles and Civil Attorney Joe Andrews would be present in Executive Session. He also stated that Human Resources Director Jeff Grant would be present for Items #2 and#5 and Police Chief Danny Sharp would be present for Item#5. MOTION: A MOTION was made by Council Member Rochman and SECONDED by Council Member Wolff to go out of Executive Session at 6:40 p.m. Motion carried, 4— 0. RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER: 7:00 p.m. 11/20/02 Minutes,Council Regular Session 2 ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Bart Rochman, Council Member Werner Wolff, Council Member EXCUSED: Paula Abbott, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. fF UPCOMING MEETING ANNOUNCEMENTS /t,/f,/r, �r{ /`Y/f1` Town Manager Chuck Sweet reviewed the upcoming meet- " y 4f / ts• He also .u.f 11 {i'/. 29th in announced that the Town Hall offices would be closed F ember 2.., ,F observance of Thanksgiving. is AfV17 fl�f�j%j f!'� /i�rffl` Ffrri/�{l CALL TO AUDIENCE :r�;,ff/iirry Jim Kriegh, 40 E. Calle Concordia, state e' ,; Steam P anch has recently been sold. He asked that the Town make every eff } �e area, storic site as it was an important part of the history of Oro Naim{ l y • %zona. ;%%:`��rFr r,"; /k??' F{/ / 1• CONSENT AGEND.// .; "47<N r MOTION: Vice. Ma ' � f:,://rPPROVE: the Consent Agendaenda as presented. Council Merl F :` , {. DED the motion. Motion carried 4 — 0• /4 / J /i A Mi ;;}, {, r 02 .102 B. .7y,„0:t & om . e Report to Council and Town Finance Report for /r uarter En" f:September 30, 2002 .fF { / r��.. r C• B f• Safet ; .r tivity Report—October 2002 riirf.%fea'�z. D• Coy./` y thly Report—October 2002 E. Public ' onthly Activity Report Re ort—October 2002 F. Police Rep —October 2002 G. Approval of 4% salary increase (1.0% COLA and 3.0%Merit) for Town Manager based on annual performance appraisal effective October 1, 2002 2. PRESENTATION OF CERTIFICATES OF APPRECIATION TO MEMBERS OF THE ORO VALLEY TRAILS TASK FORCE; PUBLIC ARTS ENDOWMENT ADVISORY COMMITTEE Mayor Loomis thanked the volunteer citizens who served on the Trails Task Force and the Public Arts Endowment Advisory Committee. He then presented Certificates of 11/20/02 Minutes,Council Regular Session 3 Appreciation to Bill Adler, Karen Baker, Chuck LaForge, Rosemary Minter, Sally Sanders, Jo Terry Sinding, and Joe Winfield for serving on the Trails Task Force. Mayor Loomis also presented Certificates of Appreciation to Dick Eggerding, Buzz Dolsberry, Sister Lauren Moss, Wendy Timm, and Town staff Suzy Krueger and David Andrews for serving on the Public Arts Endowment Advisory Committee. 3. TOWN COUNCIL ACCEPTANCE OF THE TOWN'S FINANCIAL AUDIT FOR FISCAL YEAR ENDED JUNE 30, 2002 Finance Director David Andrews reported that the certified public accounting firm of Cronstrom & Trbovich has completed the financial audit of the Town for the fiscal year ended June 30, 2002. He stated that the auditors have rendered an,A ' `'„; ion that the Town's general purpose financial statements fairly represent th-; , ;f'f n's financial ,d/ position as of June 30, 2002. //',,q1A Dennis Osuch, Cronstrom& Trbovich, reviewed the re "" ' F��"`. that we ,'t" ed by the accounting firm. He reported that the Annual Expe k e Limitation ' , the Annual Single Audit Report and the Comprehensive Ann,,//flir nan Øeaknesses ' ' ':'eport wer'• all in compliance with Federal regulations and that ther -. '$. in the Town's %, / , 'f ff{{!f{{fF.FF F internal control. rf 4474,444;,,,, MOTION: Council Member Rochman� .,, . CC ,; he Town's Financial Audit for the Fiscal Year ended June 30, . '-. ,� Akwo fi:ptuber Wolff SECONDED the motion. Motion carried, 4—0• / ///;/.,,""' f fl 4. ACCEPTANCE ; ;.JA T SITE MASTER PLAN, DISSOLUTION OF fF{f!,,S'NJ A fi FO AND EXECUTIVE COMMITTEE /4'4:441i*I.-/7 Community Devel.:'s. ent ., "r Brent Sinclair reported that the proposed Naranja vjr� � .i f z'F `` ;t 4 :'. tel 212 acres. He stated that Stantec Consulting Town Site is c� � � �,� } .ipp" Y *V' • was contrac workI!jons*rt with the Naranja Task Force and Executive Committe=v .{ educing t,_f It: aster Plan for the Naranja Town Site. The Master Plan was to prow.. qt , resentf r ird future needs of the community and to allow for significant public input Gordon Stone, Stante /Consulting, stated that the Master Plan is a summarization of a fourteen month process aimed at providing a long range plan for the use and development of the Naranja Town Site. He stated that the planning process included an extensive public participation program which included public workshops, web based survey, public workshops and monthly meetings of both committees. Mr. Stone then reviewed renderings of the site which included such items as play/sports fields, dog obedience park, tennis/basketball courts, swimming/lap pools, ramadas/picnic areas, volley ball and tetherball, Performing Arts Center, Community Center,Nature Center, a festival area, a BMX park, skate park and a trail system that would surround the entire development. Mr. Stone explained that they have tried to be sensitive to surrounding neighborhoods while planning the site. • 11/20/02 Minutes,Council Regular Session 4 Mr. Sinclair then explained that the whole approach at sighting the facilities was to maximize previously graded areas for major activity areas and to shield the primary activities from surrounding neighborhoods. He explained that everything included in the Master Plan was listed as top priority during the design workshops and recommendations from the Task Force. Mr. Sinclair further explained that the Task Force received direction from Council in July to consider alternatives for locating Town facilities on the Naranja Master Plan. Mr. Stone reviewed the two alternatives for adding Town facilities to the Naranja Town Site. Dick Eggerding, Chair of the Naranja Task Force, stated that they ,414,1 to be fair and listen to everyone's input. He explained that as far as locating ,: 7facilities on the site, the Task Force recommends that other options should be exp Atiii'Av,d the financial aspects of those options studied. Mr. Eggerding then state d.{. �:t tlkA ter Plan p p gg g �,{� represents a"Crown Jewel"that covers the recreationaig0 cultural : fy hat have been ro osed. He then thanked Gordon Stone and StantOrnsulting and 0 • sk Force for p p ��,,,: all their efforts. Mr. Eggerding then recommend-44fitTa ''N"".'ne Road b-' the prime 4V5(f, Ayr entrance into the Naranja Town Site verses Naran�• f•`` ;'0`.#, that it be developed in"one fell swoop"verses phasing. Don Chatfield, Chair of the Executive `N' ` t .anke.•'/.y'f°Council, Mr. Eggerding, the Task Force, the Executive Committee .nt- hçiisu,. g and the Town's citizens for f ..� the opportunity to serve on the Committee /` b;: :." 1 t r helpand support. He stated pp Y � �� v;.y pp that the Executive Committe- . '$af to m re that the types of recreational and ,i4'ir,t/F"%t,,, 10k cultural facilities being re env •9woul•'w ,r esent the needs of the"broad age" •interests of the commu :. ,ow a .j1 e fut . Mr. Chatfield then stated that the Executive Committee w/4-6,10 go? :::.: $'� i om lish the Council's direction to add �r f {� p town facilities to t - ..•te d h f `e fact that the direction was received so late in the process. He st;,$/ ' . , Ex e Committee is onlyrecommendingapproval of the R p � '��, � , , �; ;� pp istir �,�� . F; ��.� �� Master Pla . not AJ ,give+ f,f or B. ) He stated that they do believe that there is a need t ; ';'de adeq-Ao�. acilities for Town staff However, they had to consider and us. %, e of apublic works and in a residential area, and not appropriaten � ,� .Y�. �� Y wanting to trade q47,,,- 1 om neighborhood to another. Mr. Chatfield then thanked Town Manager Ch eet for his input regarding the Town's facility needs. He also - /rf recommended that res' arch be done on costs of alternative sights. He stated that although it may cost more, the Executive Committee and the Task Force urged the Council to continue to build a"Community of Excellence." Town Manager Chuck Sweet recommended that the Town continue to examine the project and its associated costs. He recommended that the Council consider directing staff to research alternative sites within the Town if possible, placement of necessary maintenance and related facilities and return to the Council with these alternative sites and an analysis of land acquisition costs within one hundred twenty (120) days of the acceptance of the plan. He also recommended that Budget and Bond Committee • 11/20/02 Minutes,Council Regular Session 5 examine financing alternatives for the site and return their findings to the Council within the same 120 day period. Discussion followed regarding: • Looking at all options available. • Accept the Master Plan and continue to look at alternative site locations, costs, etc. • Provide complete information to the public so they have an opportunity to "weigh in" on costs, etc. • Decrease Town facility presence on Calle Concordia. • Contingency of 25%built into proposed cost estimate of plan and within 10% of anticipated cost of project. Different approaches could do„e1/- or triple costs based on type of building constructed, etc. 'f//// • Acceptance of Master Plan is initial step. Next steps r . 1.a to determine if fundingis feasible, studyanyother elements and a dratl ; hat would be the .,..rah. best way to accomplish project, etc. f { f :.. , ,!{/off . f Ma or Loomis opened the floor for public input !, .f�f�•', f r �f The following people expressed continued concerns 1{ff/..�.l4 i..i n the possible placement of Town facilities on the site, agreed that t " •lities nee , f;f+y be moved from Calle Concordia, requested that the Council s/ " .,r `+ i, ';ve sit"- fI};.d stated that the General 1 / I/ } fes!{.rf,• Plan designates the area as Parks and Op ,,,;� •ar /; /,f{ r!!•}/ /f-1//p #61,4*; , f:.// 7:f';;Pe Bob Bischof, 11624 N. Quang" 9i�y.fl- e Gerry Lawson, 337 W. Gr,Ae •. ;. Ac /'//' Richard Tracy, 10674 y �� +�� r stated that the Naranja Town Site was well rfs� suited for the Tow .ciliti-- �`{ would be a better site than an earlier proposal at the ;..r �;�;ip pWest Lambert40*:::44,hi 'tit,f ly 40 acres. He stated that regarding the Naranja Town Site, { n t se1:44,erop4Vii public facilities "in a park"but as an area of public facilities " .� a park.' .. Bob Weede, 18."4gpbf.fJ edon Way, stated that he hoped that people would soon stop worrying totally ab, +/ f: lic facilities at the site and think more about the inclusion of the cultural compone ` s at the Naranja Town Site. He stated that they were critical and timely. He stated that decentralization of cultural events from the downtown areas was happening and major performing companies were seeking sizeable venues away from the center of the cities. Mr. Weede stated that responding to the natural and unexpected growth in cultural and recreational needs is what the Naranja Town Site is really about and the rest can be worked through. He thanked the Council for their consideration of the total park. Council Member Rochman and Vice Mayor Johnson thanked the public for their comments and feedback. 11/20/02 Minutes,Council Regular Session 6 MOTION: Vice Mayor Johnson MOVED to ACCEPT the Naranja Town Site Master Plan and Town Facilities Alternatives "A" and "B" and dissolve the Master Plan Task Force and Executive Committee. He further moved to direct the Town Manager to research alternative sites within the Town for the placement of necessary Town facilities and return to the Council with these alternative sites and an analysis of costs within 120 days of this date. The analysis will include uses, quantitative data as to equipment noise, acreage, etc. and an exhaustive study which will include a full range of data so the Council can make a decision. Further, include a study by the Budget and Bond Committee that analyzes the potential costs of the development, funding options, and possible financing alternatives and return the study to Council within 120 days. Council Member Rochman SECONDED the motion. Motion carried, 4—0. Mayor Loomis recessed the meeting at 8:10 p.m. The meeting ; ed at 8:30 p.m. 5. RESOLUTION NO. (R)02- 105 ACCEPTANC D AWARD OF CONTRACT TO HUNTER CONTRACTING C0.44 E A !,,.{ OF L N $8,804,414.25 FOR TANGERINE ROAD WIDE/44 AND WAT NE MODIFICATIONS FROM LA CANADA D ' ArTO • fV'TH FIR AVENUE (PROJECT NO. OV 30-99/00-09 AND OV21-If * setr Town Engineer Bill Jansen reviewed the;." cil Com �:� `;A tion and stated that the � f Tangerine Road Project would widen th�:, , wo la.yf o four lanes, include a 12- foot wide separated path, two pedestrianlik-,rpiNgi*?age structures, bike lanes, landscape within the median and outside ti} � $y� y, ew traffic signal at Tangerine/LaTangerine/La Canada interse theJJPsignaltat First anTangerine will be modified. In addition, an -sf{ i `�-r line` F. the project will be modified and ,},f{ g fig relocated, andpublic a .::: " will:. .11e�+"'different locations within the project. �.��..:, o f Mr. Jansen explained th:� .;;} 'r}'+' unter Contractingof$8,804,414.25 was ,: r �y� below the Engineer'. sti { "+ `,$10,000 100.00 for the roadwayand $1,400,000 for the ,} � :�:F J.:v.�f,}�i` '':.l.f:F.fF ��r��',�`'¢¢��,}�f/�/jam{:/�j{j},:. /�'.Xl,:nS,'/'�Z,:.�+G}Nf}{f}}7 •rr}rr:%rff 1. water line mo• �, t { f;� ; --16N„ } ; ; i MOTIO cil Mem Vis. olff MOVED to APPROVE Resolution (R)02-105. Council Me Vasschma,11 CONDED the motion. Motion carried, 4—0. il'S,':r:'r,;:{.. lr}�{ yrr.f:• 6. RESOLD O. (R)02- 106 ACCEPTANCE OF BID AND AWARD OF CONTRACT TO D ' HIL CORPORATION IN THE AMOUNT OF $1,491,926.32 FOR NARANJA ROAD RECONSTRUCTION, PAVEMENT PRESERVATION, TRAFFIC SIGNAL AND A 12"WATER LINE (PROJECT NO. OV 30-01/02-14 AND OV 21-02-02) Town Engineer Bill Jansen explained that the Naranja Drive Reconstruction Project would involve a traffic signal installation at La Cholla and Naranja, fog seal on Naranja Drive from La Cholla to La Canada Drive, and replacing the existing asphalt from La Canada Drive to just west of First Avenue with asphalt rubber. He also explained that they would be adding five foot pavement shoulders on both sides of the roadway, apply guardrail striping and pavement markings and install a new twelve inch water line. Mr. , • 11/20/02 Minutes,Council Regular Session 7 Jansen reported that the low bid was with DarHil in the amount of$1,491,926.32. The Engineer's Estimate was $1,834,423. In response to a question from Council Member Wolff, Project Engineer Paul Nzomo explained that the traffic signal would be activated by a video system camera and not the loop detection system. MOTION: Vice Mayor Johnson MOVED to APPROVE Resolution(R)02-106. Council Member Wolff SECONDED the motion. Motion carried, 4—0. 7. PUBLIC HEARING — ORDINANCE NO. (0)02-36 OV09-02-09 REQUEST FOR REZONING FROM R1-144 TO R1-20 FOR PROPERT „1 ',0 {, ,0 CATED ON THE SOUTHEAST CORNER OF LA CANADA DR 4 XTENDED AND MOORE ROAD, PARCELS 219490020 AND 219490010 ,:let,/,,?' ;;; �'"' ,a,i4f/ *A; "1,-/''''/ 'iiA,,,, Community Development Director Brent Sinclair repop3A,,0yr:hat the a.bV x t is requesting 110-,, a rezoningof the property that currentlyhas { subjectp p y � Ingle-family r�g�,��,f ce that will • • f.r . �l+$4 be incorporated into the project's design. He ex i tha; applicant`'s also � p J g p�{; {{ ,Alf' { submitting a Tentative Development Plan. Mr. Si F i.:..,41,5,' ed that currently the ',411property has two zoning designations in the General* : , f ow Density Residential (LDR) and Medium DensityResidential - , 0{' which`+11I allow for 1.4—2.5 dwellingunits per acre DU/ac . The a e r s osi DU/ac which would be at the low end of the range. Mr. Sinclair' - ";{ > tative Development Plan has 00 72 single-family residential lots. He ex 1.: , 17nW.onse to concerns ex ressed g Y pp by the Planning and Zoning Co,0 .� �, the 419/4y ant has revised the lot size at the southern and eastern boun:e f,' .T r... , :outhern boundarywould be greater than els at ��. 36,000 square feet and ! s on{ :f:- em 1WPndary would have comparable lot sizes yf { ter. to the Vistoso Ridge an r AtrIA/Oig;',‘,$'ents. 'N,%;;;F' •/ Don Laidlaw, :�� F . .e su `. resentin the applicants, A.F. SterlingHomes, ,{ .� �. p g pp � reviewed a , , "� lead r -,•n9P'e ro osed site. He ex lained that the r g proposed p existing residence 'i; '� f-ntl on a{ { F ate water well and septic system, but at the time the p Y subdivision i -' ;.ructed. r well will be capped and connection made to the Oro Valley Water syltkrf. ',4ept1c system and leach field will be decommissioned and the residence will be c e . Y '-d to the public sewer system. He explained that there would be 8 acres 1g- approximatelyf natural open space and 1.3 acres set aside for the recreation area p p which is more than required by the Zoning Code. He reviewed the layout for the trail system and stated that the trail would follow the alignment of the wash. Mr. Laidlaw stated that they have reviewed the conditions and have no objections to said conditions. Discussion followed regarding: • Written notification to buyers regarding the nearby La Cholla Airpark. • Recreation areas that extend into the riparian area would include in-active features such as picnic tables, possible horseshoe pits, etc. that would not damage existing vegetation. 11/20/02 Minutes,Council Regular Session 8 • Certification from Pima County Department of Environmental Quality (PDEQ) regarding the cleanup of the leach field. • Public access to the trail. • Moore Road and shared-use path construction. • Donations to Amphitheater School District would be used within six miles of the site. • Access to the property. • Include wording that notes the water well has been abandoned per Arizona Department of Water Resources Standards. • Required right-of-way. • Timing of platting (as addressed in revised Condition#3.) ;;;,/ Ma or Loomis o ened the ublic hearin . There bein no sp , the public hearing ! f was closed. MOTION: Vice Mayor Johnson MOVED to APPRO•f f2.:40rdinanc= ;:. -36, OV9-02- 09 rezoning56.72 acres located on the southeast co , �f La Canada extended ! { tion of the``conditions and Moore Road from R1-144 to R1-20, effectiv;�� f. �� sat r��- listed in Exhibit"A"with the change in Conditio r., JJTgand the platting following additions: Clean-up of existing leach feel•„ in accordance with PDEQ re ulations easement and access 6~ ,�/e rovide!IJ .e I it and existingwell to be regulations,public ,{ !� .f p � !!{! � . ., abandoned in accordance with ArizonaVO/:;:410704,91Wa',14/fWa'� "resources standards.Fir ,�."..;rc!•:Sr�. err...ii!{.•r j•'., j %+• r./:?:"J.irr f EXHIBIT A (Revised perMotion) . . yy•�• �,F;rr. ,n FFA.{4.fG'q{.,! {�Y�f��•r' CONDITIONS OF APPRO„ //f f rr' !! 4 `�t•:L;�r {�1"••ri OV9-02-09 ;� !451, { , rf ! 1. All Standard Co N r {:. A: , 'Rezonin s must be adhered to (attached). {.r `;�� ` a {--�, be extended from the cul-de-sac in the vicinity of lot :rF.r fr! .� 2. A 50-f• � -: Y 20 t / oath SF z y 1 3. All ri.',/q4', #:..,way d ration required on the subject parcel by the Town of Oro Valley •`/ /:44,4: Drive and Moore Road shall be provided by the applicant and/or the o %%,.{'�i f record as a condition of rezoning. Transfer of right-of-way to occur at the ti e of platting or within nine(9) months of November 20, 2002. 4. The developer and/or the owner of record shall construct the south half of Moore Road, 75-feet centerline of Moore Road to property line. 5. The developer and/or owner of record shall pay in-lieu fees for bicycle and sidewalk improvements along La Canada Drive. 6. The temporary street connection between lots 38 and 72 shall be removed by the developer when access is provided to La Canada Drive extension. 11/20/02 Minutes,Council Regular Session 9 7. The developer and/or owner of record shall post a Riparian Habitat Mitigation Bond prior to any site disturbance. 8. Lots 9, 14 and 15 shall have constructed private drives at a minimum of 30-feet in width with a minimum of 20-feet of pavement with Y turn arounds. These private drives shall be maintained by the serving lot owners. The ownership and maintenance of the private drives shall be addressed in the projects CC&R's. 9. Public easement and access to be provided to trail. 10. Existing well to be abandoned in accordance with Arizona Department of Water Resources standards. ;, .: f 11. Clean-up of existing leach fields to be in accordance ' EQ regulations. �::<:s:«y,f<:: ••�%fps �l{'N�{i,{i'i'Y;:/' +.C,An'•:S:t•:v'//{%f vi 12. All property owners within the project shall be r f. v• ied by w1 ..::: :: /f isclosure of '•tt:. 4IJF 'e4.•'•^'is the flight pattern for La Cholla Airpark. y fr>�f f f , �,.r/ff � STANDARD CONDITIONS FOR NON-P.A. 1 � }:: GS • •f f.'l!+f f 4•1;,,,, y4;1 f r.• Completion of the following requiremen : F a rezoni ��r / nf ance within the time frame specified herein from the date of appro f :Y .. vn Co : 1. Submittal of a complete hydraulic and 4:ANS) ic'aiitnage report. /f/:, ,fr ';?:i,'.'•..!y/'iifif f f rf Ff rJ%lfx:.F{./f fr F /ffr.rf/Fr;;>f/f /r f. f f• f ri;;df:9f! r f r f' Approvaldevelop '' ' r r `dati 2. of a on of a final plat as determined • fN:� � p :� �� d/or �;�� necessary by the op! $ • late ,: � !e.a :nts. <4,1":";', ,•. `rrf.• �• f ff� ,F%fF s:rf FFir; ::rffff �;/ f�%if �.e?�f/i' •�yj`'ff ; ,:{'� ri;r {� "u:/fjfi rr '��/!ifi;/'°;r7 3. A suitable arra •.- entffi" {i l,ima County Health Department or Pima County r f � f 4 . Wastewate{.v.:1W!(4Ü-nt Ecoo, age disposal. /•f .r:' ri rF 'i f•arrr,Ff ' {,ffr r.•` �f /rfff .:,f f ' r ff�f f. 4. Record : " covenant' i ing the Town of Oro Valley harmless in the event of / Fid r,,,ffrr. f f flooding. /rfi/ff,,/w / ,, ff, . ./ fvr�jFF;f•. 5. Provisions of•": , ent-related assurances as required by the appropriate Town Departments. 6. Recording a covenant to remove only that vegetation that is necessary for building pads and accessory uses and the necessary roads and driveways and to salvage all healthy Palo Verde, Mesquite, Ironwood, Saguaros, and Barrel Cacti for on-site landscaping purposes. 7. Recording any other development-related covenants as determined necessary by the appropriate Town Departments. 8. Roads shall be constructed in conformance with the Town of Oro Valley standards. • 11/20/02 Minutes,Council Regular Session 10 9. Landscaping to consist of low water use and low pollen-producing vegetation. 10. Adherence to the Tentative Development Plan approved by the Oro Valley Town Council. 11. Significant change to the Tentative Development Plan or conditions of rezoning, as defined by Section 3-104(B), shall require re-review by the Planning Commission and Town Council in accordance with Chapter 3 of the Oro Valley Zoning Code Revised. 12. The relocation and/or extension of utilities pursuant to the development or redevelopment of the subject parcel will be at no cost to the To„;' of. Oro Valley. { f/ . { . 13. Dedication of public rights-of-way through plat recordati�.r�,`+ jcordancee h 'l current Town ordinances. ;fr with 4ii 14. Posting Development Opportunity As. : /Y:r• s) in an apero j orm as determined necessary by the appropriate 'f Tw, � art �4J; . 1f, 15. Submittal of a traffic impact analysis in accordan :x ji Section 9-110(N), unless modified by the Town Engineer and • Admin ra : {{iv,%�%iF::%"lfJf/./f,✓fJiJ.' { i%' t. f/til/f7 fr` 16. Completion of the requirements for a."4, `o,in_+ { , -,within two (2)years from the date of approval bythe Town Councl' }f r. . `+` ec f time frame is not met and no pp :� extension is granted this al ap s fy,';:�{ shall lapse. 44, ,fir/�/. fJ J{{ 17. All conditions whicff f' A; dire r ,'• s to }� entative Development Plan and/or site analysis must be co .r Council Public Hearing. Council Membwr' t:.' . C .f. the motion. Motion carried, 4 -0. :** /*fat), z'/,' { ,{.v 8. ANN Yrr.h:' ION il://7'0 BLIC HEARING — REGARDING PROPOSED ANNEXATIO .ir;IJ '4ACRES OF PROPERTY OWNED BY THE TOWN OF ORO VALLEY, .f ED NORTH OF TANGERINE ROAD EAST AND WEST { .f�� OF LA CANADA D VE EXTENDED Special Projects Coordinator Scott Nelson reported that the Planning and Zoning Commission reviewed the annexation of 9.986 acres of property owned by the Town of Oro Valley and located north of Tangerine Road East and West of La Canada Drive extended and recommended that the Council proceed with the annexation. This property would be used for the La Canada Drive Extension. Mayor Loomis opened the public hearing. 11/20/02 Minutes,Council Regular Session 11 Alan Lathrem, 1750 W. Tangerine Road, stated that the property being discussed for annexation is in the Town of Tortolita. He stated that he believed that at some point the 9th Circuit Court will recognize Tortolita as a town and everything that Oro Valley is doing will be of no value. Mayor Loomis closed the public hearing. 9. APPROVAL OF THE INITIATION OF AN ANNEXATION MAP FOR APPROXIMATELY 251.51 ACRES OF UNINCORPORATED TERRITORY LOCATED WEST OF THE CURRENT TOWN LIMITS INCLUDING A PORTION OF THE SOUTHWEST / OF SECTION 15 AND THE NORTHWEST 1/ OF SECTION 22, ALL IN TOWNSHIP 12 SOUTH, RAA",. 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZ. x.-- (KNOWN AS LA �:h CHOLLA/LUCERO) ��ffr Special Projects Coordinator Scott Nelson reported . a letter 'if{,:' '...nest has been received from residents of the La Cholla Bou .n. d and Luce fI ad area for consideration of annexation by the Town of Ore:# 'ey. ,' explained /hat the area is , f f,f 11/r'i'r approximately 251.51 acres of unincorporated to '`r.: f' r .gf+ . ontains 51 property owners. Mr. Nelson explained that the propert is within the s General Plan and should be p p p Y ••, f considered for annexation. The Plannin Zoning 6 ``..ssion considered the request and recommended the Town Council0; " ffi ..exatio !, {0' e also explained that the letter of request for annexation was sl n ry l `r:..."" """ y,:. ,of the property owners which q g .:� y �r ,..� � �� p p Y represents approximately 25% of the pp.;1,;":0;4/fn-�ry: needed and 25% of the total assessed value. % ': rf!1"lffr !1 f f f'f` r,'1l f�f!fff f1 y1i!! r rf r,lf!1ffff. r1 ,f c. fr444, (Alan Lathrem, 1750 W'� .kAx:: eri rhf ...• reitff : ed his comments from Item#9.) rt:le/Vf,I 111frf f/f f /y.!'a�/��..c�;`i . itile-?if ::%'+'1f MOTION: Vice or MOVEI to GRANT the Town Mana er to ,f! g authority initiate the fili ! ..:, ex: {+ � a on the 251.51 acre area of unincorporated Pima .;,. County, kn 4 ' s the/44, hol ? 26ulevard and Lucero Road area. Council Member Wolff SED the in' /1,V,.: . Motion carried, 4—0. 41477, +rye' 10. OV12-0 uv'i71 EST FOR APPROVAL OF A DEVELOPMENT PLAN FOR THE INTEFl "D BIOMOLECULE CORPORATION FOR OFFICE, LABORATORY, R 'SEARCH & DEVELOPMENT AND LEASE SPACE FOR FUTURE EXPANSION (PROPERTY LOCATED ON THE NORTHWEST CORNER OF INNOVATION PARK WAY AND VISTOSO VILLAGE DRIVE) Community Development Director Brent Sinclair reviewed the Council Communication and explained that the property consists of 2.29 acres and is located within Neighborhood 3 of the Rancho Vistoso Planned Area Development. He reported that existing developments in the area include Southwest Parks & Monuments and Ventana Medical and the proposed development will be compatible with the existing uses within Neighborhood 3. He further reported that the Development Review Board (DRB) voted 11/20/02 Minutes,Council Regular Session 12 to approve the Development Plan and Landscape Plan at their October 8, 2002 meeting. Mr. Sinclair stated that the conditions as imposed by the DRB have been met. Kim Acorn, Acorn Associates Architecture, representing the applicant, explained that the total building square footage would be 21,120 square feet that would hold Integrated Biomolecule Corporation and lease space for future expansion. He then presented an overhead presentation of the site. The Council thanked the applicants for their wonderful project and for selecting Oro Valley for their new site. Mayor Loomis also noted that the project came through without conditions and thanked the applicants for their pro-active approach to the development. ?, MOTION: Council Member Rochman MOVED rf to f °/ I VE OV 12-00-03B, Development Plan for the Integrated Biomolecule Corpor . , / it Member Wolff SECONDED the motion. Motion carried, 4—0. 4 / f/,r r 4r4/r/f, ; /IV/ 11. RESOLUTION NO. (R)02-107 SUPP `: }NT THE RE ISED TOWN COUNCIL PARLIAMENTARY RULES &' .. ry f J io URES AND CODE OF CONDUCT OF THE ORO VALLEY TI . . COUNCIL BY ADDING !/f. "APPENDIX B," REFERENCING T ,,f ��.:� PPOIN ��: / T PROCESS OF TOWN {r;r{/ - I I ,� DS, OF ORO VALLEY VOLUN ��sr�. � �f f/ lCOMMISSIONS, COMMITTEES, ADVISORY BOAR f i;`; zr,;s s.ORCES / itrproval Town Manager Chuck Swe ``,±�: ved t of Resolution (R)02-107/f f ff1'D l �0;.. Rules and Code of Conduct regarding amend the current Town � ci lame�� =�, g g rrf . ,,�'i,�r appointment of volunte-' d Boa .� ,• mi 1 n, etc. "r„rr:'fi% •�{. r{. i!f{� /r;s !: if�:r:r,l'`,'•:�rr.,: l,�f ''/ r;///: /�l,/:firrn.rr f/.•`r'rrf/o-r,:f; "f r•�r,'':`'"'ter ///.,,.,r✓%�%��}.5� ,:f Mayor Loomis st.},;-,• tha ;% ritems o prior concern were the term limits and the Interview Co ; '.oa • ber Selection rel/f,,f{{;: f� r fug RE: INT W i CO TTEE - No objections from Council regarding the / f recommende ” -•, iew 1f, mittee (Council Liaison, the Board Chair or Vice Chair and the Department ;',/ision Manager.) Council Member Ro "'fman questioned the eight hours of required training. Mr. Sweet explained that it would be staff's responsibility to provide training on site (when possible) for the Boards and Commissioners. RE: TERM LIMITS —2 terms vs. 3 terms. Mayor Loomis stated that he felt 3 terms was a good number as many committees meet only once a month. By not starting a new person every 4 years would allow a good level of experience to carry through. Vice Mayor Johnson supported 2 terms to allow more citizens the opportunity to serve and still not allow degradation of the experience. • 11/20/02 Minutes,Council Regular Session 13 Mr. Sweet also asked for direction for implementation of the process. He suggested that whatever the term limit ends up being, that the current term of those serving now be counted as their first term. MOTION: Vice Mayor Johnson MOVED to LIMIT the terms to two (2) consecutive two (2) year terms (four years maximum) and to include direction to the Town Manager to analyze the Board situation and bring back his recommendation on the implementation of the two consecutive two year terms. Council Member Wolff SECONDED the motion. Motion carried, 3 — 1 with Mayor Loomis opposed. MOTION: Vice Mayor Johnson MOVED to ADOPT Resolution (R)02-107 approving Appendix `B' of the Town Council Parliamentary Rules a , Code of Conduct referencing the appointment policy of the Town of Oro Val,,~ , :-rfolunteers to Boards, Commission, Committees and Task Forces and to include th u f.J y•on from the previous 094,7-4,0/;, motion regarding term limits. Council Member Roch stY f 11ED the motion. Motion carried, 4 - 0• „0/1,0„ J. } 4.,k/1/ TOWN MANAGER'S REPORT ;f,J Town Manager Chuck Sweet reported that the offici 4;n'//0,7 // } lation estimates are out from g p , . the Pima County Association of Govern µ. and as o 2002, Oro Valley's population is 34,050 people. '��% • J CALL TO AUDIENCE ~,V +ijfrJ:,+r•' .�r.f•No speakers. FNfrn; 4 } o+} �.• J�_' r J �{ / 't15036,. S� � ,rALP0f4f,,e00,0}/} f ADJOURNMENT 40: Fir {•• ,,i��f ��rti MOTION: V': .' '..vF f:•hn'Orsl OVED to ADJOURN at 9:45 w��N��.} ��'�� .. p.m. Council Member ,lr F Rochman S . DE 'n.s( oti• " " otion carried 4—0• jJf!J : "Fr114-7, . '4,44,07 FJ Respectfully submitted, Roxana Garrity, Deputy Town Clerk • 11/20/02 Minutes,Council Regular Session 14 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 November 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 ;. 41.• !f J rrrr` {•.r f .r :• cir rf F. rrr/••^:Y.:.; �//r �f'{�.. 4,007 /OPP "',40 �rff�f rrr ��rrr 'YEN'''v'• ! { min �rr ��r 'rr,�•'•l/'• .G�r Vii., {,{ r , Tri{frf1r%r+ii;. ,,r f F/ r,%y':f�f+`•`�f'r<C.Jj9�••i'r �r'J/ r�•''�•',f''`••. fFrr �•, • '•jf::YYyr;,,;. '104, fit ory4¢;;,.2.yy..1.ff��r•';�f:`••�>r h>,•:,r `r2 A :'yY'•YrSr.H�,,.Yv�r,:r•Frfnf��rFGFf/ra+ff•'.,vv r � � **A40;. � r9f 01174' ..{.. •:.f+��}iii:y}.:f::i. :'%`r/ir:'i•.'.:�.. rF:.. Fr /�?' r;i:.. h'••.:�.w%$:yi''r n+: if �"r;.• ��:Y:}f':'{:::+}i}:::S• �::�>.��r / 47 g,�}:?::..:.::...:. 4"'•ff}'f:%�:w�f.rryr,�(.'�,;F wf r�..}•rr'.+w::. tjr•i,F';:,•:•'`>',y;}•.`.,;•}%;r',•r<f r::". ,�/%4;r % •, 'jr+T'yyy'%}} ;.r f .r+•'',�.`'�,+,.,i.'frn:• �/.. r:•r:SFr:✓,.}�,C•: .c%xr F vs}"•:v,. •/•„fes`fY•+r.•+i,•1. h., r{ rrrf w/•} {� •fir••,.;! .ry F•riifr% ,rd}. � ,}h' ,c: ✓:.� **,.• <�!y tri• ,c + •.t,.•�f,:r/��f�•f. �rrr { F{ Oct*. rr Fr '+ 9 F/&r�•%r+:rr a;rs:: TOWN OF ORO VALLEY B. COUNCIL COMMUNICATION MEETING DATE: December 4, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Robert Jacklitch, Project Manager SUBJECT: Project No. OV-20-02-02 Oro Valley Water Utility High Mesa Reservoir Expansion SUMMARY: Per the direction of Mayor and Council through the 2002-2003 Capital Improvement Budget of the Oro Valley Water Utility, plans and specifications were provided for the acceptance of public bids for the following project: Project No. OV-20-02-02 Oro Valley Water Utility High Mesa Reservoir Expansion The Utility's High Mesa Water Plant consists of two "E" zone reservoirs: 188,000-gallon and 300,000-gallon steel tanks. In the fall of 2001, as part of the reservoir inspection program, it was determined that the existing 188,000-gallon reservoir showed extensive signs of corrosion and near failure. Also, the Utility's adopted January 2000 Master Plan indicates substantial storage deficit in "E" zone. Because of the deficit, it was determined to remove the failing reservoir and replace it with a 1-MG steel above-ground tank. It will be constructed according to American Water Works Association (AWWA) D-100 specifications. The reservoir coatings specified are in compliance with the current AWWA and National Sanitary Foundation (NSF) 61 standards for potable water. There will be improvements to the site access road, slope stability and grading to properly drain overflow runoff and storm water from the site. The site is located near Rancho Vistoso Blvd. south of Sun City in the Estates of High Mesa. The Utility current budget is $555,000.00 for a 0.4MG reservoir and block wall. We have identified several projects that will not be completed this year and have transferred those budget amounts into this project. It will add $270,000.00 for a total of$825,000.00. ATTACHMENTS: Attachment A Bid Opening Tabulation Attachment B Location Map FISCAL IMPACT: The total amount bid by the lowest bidder is $791,922.00 by Smyth Steel Manufacturing, Inc. The engineers probable construction cost estimate is $819,404.40. The Utility has funds available in the current year budget for construction. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATIONS: A. We recommend the award of Contract No. OV-20-02-02 to Smyth Steel Manufacturing, Inc. the lowest bidder in the amount of$791,922.00. B. Direct the Water Utility Director to prepare a Notice of Award to Smyth Steel Manufacturing, Inc. and transmit said Notice along with the Contract Agreement and Bond forms for execution. C. Direct the Water Utility Director to issue the Notice to Proceed in accordance with the requirements of the Contract Agreement upon the receipt of the Contract Agreement. D. Authorize the Water Utility Director to execute Contract Change Orders and/or Supplemental Agreements incidental to the prosecution of Work. E. Direct the Town Clerk to hold the bid bonds from all bidders until such time that a Contract Agreement has been executed. SUGGESTED MOTION: I move to approve the award of Contract No. OV-20-02-02 to Smyth Steel Manufacturing, Inc., Or I move to deny I r Ii 'roj ect Man. 011 r atdility 1, ecto Town Mana•er Attachment A Bid Tabulation PLLE Y Ays), O • • -`�O per 'f, Y((�� °NDED MINUTES ORO VALLEY WATER UTILITY PROJECT NO. OV 20-02-02 HIGH MESA RESERVOIR EXPANSION NOVEMBER 8, 2002 Name Addendum Bidders Subcontractors List Bid Amount Bond Smyth Steel Manufacturing, Inc. N/A Yes None $791,922.00 4010 E. Illinois Street Tucson, AZ 85714 Miura Contracting, Inc. N/A Yes Yes $893,579.00 1875 W. Gardner Lane Tucson, AZ 85705 Dar-Hil Corporation N/A Yes Yes $928,504.00 2474 N. Flowing Wells Rd. Tucson, AZ 85705 Quest Civil Constructors, Inc. N/A Yes Yes $935,935.00 2202 W. Lone Cactus, #6 Phoenix, AZ 85027 P &H Contracting N/A Yes Yes $1,083,050.00 3434 E. Kleindale Rd., #A Tucson, AZ 85716 NAC Construction N/A Yes Yes $1,102,614.25 8359 W. Tangerine Road Marana, AZ 85653 Respectfully submitted, _O /d6. "A/1)4/ Line a Hersha, Secretary II O o O O O o O O O 0 ...........•.•;.•- O O O O O O O O o C) ...:•:•:•:•:•:....:- 0 0 C. C. C. C. C. 0 0 0 -.-...........• OO O O LC) O O O O N 6 O O O ti O O LC) O CO co :•••"•:•:•:1•- r� ,- N N M Lr) LC) 00 Lr) O C. N O O ti N U) CO ::. :; Eft 6H Eft Eft Eft Eft Eft 69 N ....... U ''.'...:.'.- N ':•:•:•:•:•:•:•:•:: o 00 0 0 0 0 0 o r` F::;;::::�::= o o O O LC) o o O CD CO . . oO o o r` 0 0 0 0 0)•••••••:•:•.y`..; O OO N M O O O O Eft C ••':•.'.a:'.- LO Ir) o to to o o IC) 6 LU -:••••••'•' •'•- r` O N 0LC) 00 to r` N Eft Eft Eft Eft N Eft Eft ..:.:•:.::....:*:- O O O O OO O O O O O O O O O OCD CD O O ::•:•:•:-:.:•:•:- c5 O COO O M ,_ (O O 6 O N ti O O N CO N CO O O ,_ O in co co co c0 c0 to to to Eft t) CO Eft Eft U) Eft O .. CO ::::..:.::t: O O O O O O O O O (C) •'.'•' O O CD O In M r- c0 CO LC) i:' r- r` N N 00 00 Eft •:•:.:•:.1;,;,:.G O O O ,_ Eft Eft 00 CO CO � ::':' � �• 00 :.,..:C, "off O a) Eft '.'.'.'.'r++.'' to to to co to .... to OO O O O O O O O O O O O O O O O O O O .................- •-•.-• • -4 -i c0 CO O tr) O LC) O O • Cr) O 6 O r` r` co O N ..•'•'•'�.'- CO O ,— LC) N- r- o0 op Lf) O ▪ ::-:-:•:•: -:. •::::'4':: M a,- u) 00 ti O CO Ln N �t :;;.•• .':.•. co toU) to to o to to to to O �............... U '.': OO O co 00 O O O O O N ;;.;`�::: O O O r` O O O O O O 2▪ ;'• :'�'�'." a) 6 Eft to co CO N � M ,_ C6 CO to to •:•••:•:••=:.- to - CO r- :..:.:.:.► to Eft co to to to ••• O O O O O O O O O O O O O O O O O O O co cr) N.: O O ,-- OO O o0 �.' N O 00 O a) O O O r` +r'- LC) 0) O N- O O O ,- N ::.-:•:•:• :--- r- r` N oo c.1 -,r a) 4t O O Q) r e-- N r` r` Eft to r` c0 ..:: '- to to to to- tft N - ft E FO O M O O O OCO COCO '• 0 CO - O O O 6 C!1 :.....:•:•...=•.: N .O to N a) O O OEt ....:•:•:- .:.• r- - LEft rO O O r` oDN -,r LC) et• r- _' to r- U) to to .':':':• :' to to N to .....•_. OO o l� ,.':•:'.e1':: ...a W W 0 U a) a) vl c cn C .b > > s.. C O — b '� C C p CO O a) C O„• O Q. O O •_-_,- �' U C C O DA 0 •_ -- O p C. cd cd O r... cd 2 >, c� c� O cd '�.. •C 'r..� s C4. C c� U :•:•:•:.:.:.:....:. i •C. �' >, .) C U >, - •� U cd c, E C c, "3 U -g U O. O° '0 U 'C 2 •' Yt a) = a) 4=. O a) tE 7, C C vi O cd DO cd 0 tom. y y C t o cd a) s.. c •v `' c ", •3 c O a) U CI = 3 ..- •— U •— I.. cti •c:- C. ° = Q' Oc a i CO n. ca Q '0 :-- O cci) C fl. C' c C C a - E ::.:.:•n:::> O v, _ .l7 aU) b _ -p y - Q , t-.. o t .3.- E 2 vi '_ c, C .,-UC" c = 45 "t:3 5 v' :.••.••- 0 00 •c ccc 6 3 .0 ° c 3 .E ° a) "' .d E °�' 3 C •.- c 31,5 c 3 •C Q' Yy 3 ° c 3 :..:...,.t:-b . U C a) a) c� y c,t a) -p C a) a) O U cd U a) cd a) .A- a) a) a) i.. cd y U ':':':C'�':: c ° p. c C a) C. C C DO Q- a) a) _ cl p c U C 4. c 2 a C C. C.Q c Li. a• C CC .. ct .p 4... r to C O 04 C s. -- O -- .� cn -- i, -- U :. 4.., c o oE V E c a' t " a) o c o a) V U a) a) a) 0A a) a) ••:':'�:--p :23 C Q ° n ct = C- n 4- = a' C' oE ct C) C C c• ' 'O U v C_ n C ° ' •_C C- ' Q' ;•;• ;•- _C cd ", CCC -p " C cC '0 y C ° Q C-.c .C `n O ,,,c1- C •y y C 'cj cn._ C y C d m .... ,C •U C.C .C C 'C C •_ L) a) O C 'fl cd •o'O •C > U -fl U '� OO a, •a'O O C -O C ,, ' ct cC as c -0 2 y co .C cd 6 CC A Q d•j C) CC C a' C ,.. > C CC > C 6 CC cC C C _C C 6 CC O : .v •O U -C cn "i a) a)-C vi cn a) 0.. ct cr.., U.0 x U..0 'p a) .. „;, .6.5... - C- U.0 C) a).0 C m - O ^ > c0.4=. "_, •- bo ' 'X to = .. ' o .c_ ?> 4 ", > to t `_n to t A.�' cQ t+•='.. t A .'.'' E a i ' a) C C C O C ,.. U U '- _C C C > > C. Q a) C. E a) 'C C. E • U C E a) GO a' ;; 'C. C. '� C. E �_ '0 a) C_ E•E L y c) "i c O C r•-� C. C C C C. o C a) ,3 0 = > C c a) C. C +-' C. o c C C O C. O C u c ... ':•:ce w u, L, o >.:� as c'Li, o c,:. c� c�L=. c s U LL. o Q Ls.. �. a cd LT.- al U Ls. 3 as v,U. 3 cd c.“,. C. I O •'.' •'--- N , d• �n V C- 00 G, O _r O O o o O o 0 0 0 0 0 o O O 0 0 o O O o o O o o (r) o O �t 0 0 U) 0 0 0 0 0 0 o N o O ,- CO I) o O o IC) tf) O O O 00 Eft O O N CO t1) O O N O O O 0 0 p Et} CO O) N M N O) 03 -,1- O C) co Ea Ea 69 r Ef3 to Et} N Eta CO ,-- ER ER Ea Eft CO Eta O O O O O O O O O O O O O O O O O O O O O O O It) O O O O M O O O O O O O r O O CO I) 69 O LC) C) IC) O O O Ea Ea C Ef? N- IC) Et} 69- N O O O to an N O to O Eta E9 69- t NM Ea Ea O O Lf) O O O O O O to O O O O O O N O O O O O O N Lf) O O O 00 M C) O O Lf) O O c6 00 I 0 o) oo N 000 - CO CO V) (6 N coM O CO O) O 00 Ea Lt M Ea O r M IC) d' M CO O O Ea Ea r Ea N CO r Ea 69 CO CNI Eft EaEa Ea Ea Eta 0) 41) O O LC) O O O O O O to O O O O O N- O O O O O O N • (D CC) ,--: O O IC) O O M6 r M O co CO EA CD 603 00 CO ta 03 N— 4 co O Efl 0 Ea (rj Eta r M to O Ef} Ea Ef? Ea O O O O O O O O O O O O O O O O O O O O O O O O O O O O CO CY) r tf) CO (f) M r CO CO O O C) 00 LO C"7 co r it) O CO O ti N f,- CO 0) CO CO C) ,- CO CC) IC) N O'LC) 00 ai lC) ,- N- N N r ('r)69. r) C) O ('Ea -- Ea Eta - Ea Ef? (a oM Eta Ea Ea Ef? Eft Efl te O O O O O O O O O O CO O O O O CO 0 O O O 0 O O O O• (6 CC) Nr 0) O - O co L) Et NN it .1- t!) Eft Eft O Et N- r O) r (D co Ef? N (NJ- (. O Ea Ea Ea Ea 69- 0 O O O O O O O O O (l) co O tt O O O O 0 O O O O N CD .1 O 00 O O C) C) NN- O O C O O r fit') ti O N M O CO O (f) 00 (c) O dw O (!) C) O CD CO 00 I- r IC) tri- N N N `[r 03 r- N Eta Eft Et) Eft Ea Eft r Eft Ea EA 0) Efl Ea Ea Ea t�- O O O O O CO O O O OO r O CO O O O O LC) O O O CD CO O O O O O O O IOC)N O O r N N- O Eta Ef3 O Ea lf) tt) Ea r O Lt) Cr) O O v- to EA N ti CO N M Ea Ea Eft Eft r r 6A E9 Eft 00 , `� -- N O en N ~ N.-. LL. Li. C!) ci) cA cipLcip � v' N �' C m O U c7, U r' CO ct3 ;-- O U U CO U to'b U t U O C +� C C C = U _3 y cC P a. y cd •,E 71 E t c4, r '_ tii = c's 'C7 cd U C m C E ct cn U Uc.. 0 ' Ow o Cc' Ea 2E8F . U' E U 'o m � a, o t Q.-c7Qctw) a. ' ° U U cd Cd d OO 5 aCOC� a '� ti O = cn UC U 0 ; s0 O 'fl 3- U C a t En 0 . bU OC n A- OiO O C C) C C ) ) CO a. C)N • 3 O 3 a C) 3 E _ v '= O 3 ri 3 cz C) CO r.... O c8 ct y . a� v, a� _ a a� C C a) C ° C) L ,.:+ C t0. C C C p y 03 t,.: C E.Q C ,.,, a U a. oA—6' C a Z _ �• t.:r o c a. v F t,:., a °. a, _a. c a. U o �. o _°' o c o C O °O C C i U C o •_ E •V c/, C) C 0 C o c, C E CC) uj C U O v].� v� C U C C•C Q" U •C b •= Q y v'.... -p a. C' C C C,^ C C C.) .•C a,.) •Q. C-p COv a� CO 0- ^O C 'b 'C3 U U y c 'b 'E p'O ct o O N _O y, U o L) O C cd C b C ,� C ' CO U •'0 cCd 0) C COc, y g y cd cn CO cC C cl i>'. b4 c4 y U "t",3'Q .L C .0 _U a� O i C = C t 3 y.� O j O .� U.� . .... t,. v) a -.5.. O U v, .- � _U �' 4 � cn p„ a� a.. C a�-' 2 a. � 'U � v a) � U E Q U CY a� � U a'O C c, C C C C O C C) C C) o C a. o p U = o a Ly •t 0a cn Li C .C O Q~ Q Q'LL. Li.. p.L.L. Q LI. CO Li. •O c, 0,. Li- O.Li. . c...“... CO C)Li. a. Ll. U v, N M V [� 00 C., O N N c') .-. — ..- .-... r-. N N Attachment B Location Map PLL_EY,q// O • Yom: y rY y`y rc rp Jew ykB Y ,FP3'•h '�ov Oct LADED 18 17 17 16 f. 13 Vib ge+ HllI�f\\1VIMrI : ♦j�1 a • 1"-/ ♦.A It1111‘� �+at•iij'. ,i J4.j Sz: r.atrium..3, 20 21 24 . 4,, ••6,*440:0 lit ",,,,,-• ,,*.iAla BE 11/ i.:,,,,,•i ,e inr.t.!ri . I lak►►�`,;EM• tt� i��+ moi,'ii'� � '::1.`I�°i �4�•,:��Ott•♦♦i V 4- 4 lg v), 1 itkk‘# \it:'1,•4 0 i. �, ♦ fir•.41, I, ♦ r/• I ♦ , 1♦ • 4 4 te* ,;... /4. •• 1. I• i ►�11�j;� ��/1!� 111��r �� 't�11♦��•�Viii, •i+tj�'i''•(.�,i , �' %IIIf11! ;tit j r B • Lit - ��% ��a1��loll • i .i / ! !/w.r t/'s I;� tf • i► i ��I •� lltstilst■. ♦ ♦tll� ��1/�♦1♦"\1;� '•*tUe 1*i► j%�I��e�i°//�stss= ��; N -4. tNa m 111.ui• ! ��/ ••'��i �� ststst� J i•,♦• al ♦ �t tr �, �i /i�1 ip�sii�t�t i s. I ,•'.a i_ VI sr, s a :: IMO,i.�1 •ff __________//---. . is '=- • .4- F �� si �i // . 0 i waft:I �� .y �� ! `� `� ,t�y�,,�i�1� • `�% ��s�3 ��i i ice= ,r� �� j,�i�t��`t�i':�''i�4 0 %nit `i �•eI`•A *kin \ .1&; � ,♦*i1t►•/1,'�I�i,,,�ji��I\• , f� ♦i ay. t • user+v. --,-;$ W 40 E a''1 1 i i& \ •,) V4t.,'" V n toly 4/E re / Ate. s _/i:�,,I�• ��• ,_��„ ,�. S 24 1 e �i fsips 20 21 25 30 \ <-10.,t,t,i 111,4".o��. 29 F8- I 010\T. � i pi`�� r.,,..,„_,., SCALE: 3"=l MILE 41** • ?. aist-Ukt,sit igh►I♦ li :: � chluillig„174-1:1101 ____--- / .p ; lok 1,Nllflr I►fit= . • i Witt I'll'r � Ili. 1 i THIS ....,,„,.....„.._:::.........= i, . �, 1,,,,�,,.. i,, PROJECT 1 ,' / ,. ,, ., t / ' 7_Nt i i L:: !ii :„ 25 30 30 9 N 1 29 28 i3l 31 32 32 33 ti A tt !, ,,, A LOCATION MAP � i It A PORTION OF SEA OF SECTION 19, `i.: 1 T-11 --S R-14—E, G&SRM i ` PIMA COUNTY, ARIZONA :;I , id :, , , LEGEND . ,':i,.,„ , ,., -.it-- PROPERTY LINE ' 1() PROPOSED WATER MAIN AND VALVEZi •.zd PROPOSED 4” FRENCH DRAIN 1 I 1 i 11 PROPOSED SCREEN / RETAINING WALL BWV EXIST. BACKWATER VALVE ;11 RCPT EXIST. CONTROL POINT -- SET 60d NAIL/WHISKER •ji HB . , ,. EXIST. HOSE BIB `' IBX ley EXIST. IRRIGATION CONTROL BOX : aj MON ,{;1 0 FOUND 1/2" REBAR TAGGE °i► "RLS 4527" OR "WLB LS17479" 1.i ,. i►AICr. oninIT 11 TOWN OF ORO VALLEY SUPPLEMENTAL COUNCIL COMMUNICATION MEETING DATE: December 4, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: David Ruiz, Engineering Division Administrator, Oro Valley Water Utility. SUBJECT: Application for Inclusion to the Water Utility Service Area submitted by Arizona Shurgard Storage Centers, Inc. SUMMARY: Subject Property(11100 North Oracle Rd.) is located within unincorporated Pima County surrounded by the Town of Oro Valley and currently does not have water service. The owners, Shurgard Storage Centers, Inc., desire to be served by the Oro Valley Water Utility and are proposing to extend the existing water system to provide service to the proposed development. System connection will be completed pursuant to Oro Valley Water Utility specifications and will be done at the applicant's sole expense. FISCAL IMPACT: The Utility will receive the infrastructure improvements at no cost through a Line Extension Agreement and will receive revenue from the sale of water. RECOMMENDATIONS: Staff recommends approval of the Application for Inclusion to the Water Utility Service Area based upon the attached letter of commitment from the developer supporting any effort by the Town of Oro Valley to annex subject property. SUGGESTED MOTION: I move to approve the Application for Inclusion to the Water Utility Service Area based upon the attached letter of commitment from the developer supporting any effort by the Town of Oro valley to annex subject property. ATTACHMENTS: Application for Inclusion to Water Utility Service Area and area map. Engineering Divi n Aiinis .tor /il /) ater U 1 Director Town Manager O �O Oc„0,111111141-10, . 2-9 4 f,, _ 1 TOWN OF ORO VALLEY i '� j ��,, ► APPLICATION� �, � L CATION FOR INCLUSION TO THE 4 ._,,___,j_z iii /t WATER UTILITY SERVICE AREA AA °UNDED 19/ PLEASE TYPE OR PRINT THE FOLLOWING INFORMATION. Property Owner: tv1 /(j 1 &ii iafrallmoir. dralmwd Ass,icMc,i 4s Dc me, /rus (.0:4y- 610.4, .0:4 - SY ,e Ce.4 s 7 'cs6 2 ( Owner is: Individual PartnershipX Corporation Sole Proprietorship or p p p Owners Address: C6 SAargate4 S1re Ce4Ae,c , Z,c. /1 c s &te C/ S cc.- , S(....Z 4c. goo Sect444ee C.)4 9F/6 Authorized Representative: ecce S. e(G a Si'''x p 4 Title: Rec..( E - k4 G� J General Property Location/Identification: /ffco ,,,ig. Crr ccl; R2,4 Pi"' ct, 024:041 , 4 Z Legal Description Attached is: Recorded Plat with lots. x Meets and Bounds with an area of I 032, acres. Property is: Within the Town limits X Outside of the Town Limits ee Attached (At$2.00 per lot or$5.00 per acre): /T, 6 I/WE THE UNDERSIGNED DO HEREBY: ♦ Request the Town of Oro Valley to expand the Water Utility Service Area of the Town. ♦ Apply for our property to be included within the Service Area of the Oro Valley Water Utility. • Agree to follow all applicable statutes, ordinances, policies and regulations. SUBMITTED: - - ! �' 2 Ve_g_0_02 S.•nature of Owner/Authorized Representative Date STATE OF ARIZONA) COUNTY OF ) ss. -72' a44 c..,i9e,__ This instrument was acknowledged before me this 9g' day of 6"--C , by 3. -1-1e -,0 ,01=-) as2=e10____ fhu.v 6C lr UI Lit b (-69 `5. ./L. My Commission Expires: / :C9 1C (--//6-3 7(f:74----z9.4 Cy 4. 41.......---- iti vw..11 1i -01111.0 i 11'i it X31 0 i!.1:1 ��. OFFICIAL SEAL ,� otary Public si!.:,/,7:),-).! VICTORIA KAY JOHNSON 00 410'1~OWN OF ORO VALLEY 0. . ` NOTARY PUBLIC-ARIZONA 4MARICOPA COUNTY , e V"Comm. Expires 02/24/2003 r. i.ri� r1 u{ ,,� Water Utility Director Date Legal Description PARCEL ONE: THAT PORTION OF SECTIONS 5 AND 8,TOWNSHIP 12 SOUTH,RANGE 14 EAST, GILA AND SALT RIVER BASE AND MERIDIAN,PIMA COUNTY,ARIZONA,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 8; THENCE SOUTH 0 DEGREES 04 miNuTES 09 SECONDS WEST ALONG THE \\ESLINE OF SAID SECrf ION 8 AS SHOWN IN DOCKErf BOOK 7224 AT PAGE 1387 IN THE RECORDS OF trHE PIMA COUNTY RECORDER,PIMA COUNTY,ARIZONA,640.50 FEET IO A POINT ON THE EASTERLY RIGHT OF WAY OF U.S.HIGHWAY 89; THENCE NORTH. 54 DEGREES 26 MINUTES 54 SECONDS EAST ALONG SAID RIGHT OF WAY LINE,986.28 FEET TO THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE TO THE NORT.HWEST WITH A RADIUS OF 391.9.72 FEET.AND A CENTRAL.ANGLE OF 06 DEGREES 31 .MINUTES 36 SECONDS,AN ARC DISTANCE OF 446.50 FEET; THENCE SOUTH 41. DEGREES 50 MINUTES 42 SECONDS EAST,A DISTANCE OF 299.88 FEET; THENCE SOUTH 48 DEGREES 09 MINUTES 18 SECONDS WEST,A DISTANCE OF 414.09 FEET; THENCE NORTH 47 DEGREES 24 MINUTES 56 SECONDS WEST,A DISTANCE OF 325.00 FEET TO THE POINT OF BEGINNING,. PARCEL TWO: AN EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8,TOWNSHIP 1.2 SOUTH,RANGE 14 EAST,GILA AND SALT RIVER BASE AND MERIDIAN,PIMA COUNTY,ARIZONA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5; THENCE SOUTH 89 DEGREES 53 MINUTES 21. SECONDS EAST ALONG TH.E SOUTH LINE OF SAID S.ECTION 5 A DISTANCE OF 890.09 11 El A POINT OF INTERSECTION WITH A CURVE OF RADIUS 3919.72 FEET,FROM SAID POINT A RADIAL LINE BEARS NORTH 37 DEGREES 10 MINUTES 1.5 SECONDS WEST TO THE CENTER,SAID CURVE BEING THE EASTERLY RIGHT OF WAY LINE OF US 89 HIGHWAY; THENCE NORTHEASTERLY 747.15 FEET ALONG THE ARC OF SAID RIGHT OF WAY CURVE THROUGH A CENTRAL ANGLE OF 10 DEGREES 55 MINUTES 17 SECONDS TO THE POINT OF BEGINNING; THENCE CONTINUE 60.00 FEET ALONG THE.ARC OF SAID RIGHT OF WAY CURVE THROUGH.A CENTRAL ANGLE OF 00 DEGREES 52 MINUTES 37 SECONDS TO A POINT OF INTERSECTION WITH A LINE; THENCE SOUTH 48 DEGREES 05 MINUTES 32 SECONDS EAST,A DISTANCE OF 827.26 FEET TO A POINT ON. THE NORTH LINE. OF SECTION 8; * THENCE CONTINUE SOUTH 48 DEGREES 05 MINUTES 32 SECONDS EAST A DISTANCE OF 136.82 ; THENCE SOUTH 27 DEGREES 36 MINUTES 18 SECONDS WEST A DISTANCE OF 61.92 FEET; THENCE'NORTH 48'DEGREES 05 MINUTES 32 SECONDS WEST 219.23 FEET TO A POINT ON THE SOUTH.LINE OF SAID SECTION 5; THENCE CONTINUE NORTH 48 DEGREES 05 MINUTES 32 SECONDS WEST A DISTANCE OF 759.69'FEET TO THE POINT OF BEGINNING. PARCEL THREE TOGETHER WITH. A 40-FOOT INGRESS,EGRESS AND UTILITY EASEMENT LOCATED OVER A PORTION SECTIONS 5 AND 8,TOWNSHIP 12 SOUTH,RANGE 14 EAST,GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY,SAID EASEMENT BEING 20 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SECTION 8; THENCE SOUTH 00 DEGREES 04 MINUTES 00 SECONDS WEST ALONG THE WEST LINE OF SAID SECTION 8 AS SHOWN IN DOCKET 7224 A.T PAGE 1.387 IN THE RECORDS OF THE PIMA COUNTY RECORDER,PIMA COUNTY,ARIZONA,640.50 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF U.S.HIGHWAY 89; THENCE NORTH 54 DEGREES 26 MINUTES 54 SECONDS EAST ALONG SAID RIGHT-OF- WAY LINE 986.28 FEET; THENCE SOUTH 47 DEGREES 24 MINUTES 56 SECONDS EAST,304.91 FEET; THENCE NORTH 48 DEGREES 09 MINUTES 18 SECONDS EAST,41.6.04 FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTERLINE; THENCE CONTINUE NORTH 48.DEGREES 09'MINUTES 1.8 SECONDS'EAST 443.13 FEET TO THE TERmiNus OF SAID CENTERLINE. PARCEL FOUR • ALL THAT PORTION OF VACATED U.S.'ROUTE 89 LYING SOUTHWESTERLY OF THE NORTHWESTERLY EXTENSION OF THE NORTHEASTERLY LINE OF THE ABOVE DESCRIBED PARCEL ONE 1015 5.Val Vista Drive,Suite 200 5H1JRGARDGilbert,Arizona 85296 Phone 480 633 2300 Fax 480 633 2302 October 29, 2002 Town of Oro Valley Attn: Scott Nelson 11000 N. La Canada Drive Oro Valley, Arizona 85737 Dear Mr. Nelson, The purpose of this letter is to commit Shurgard Storage Centers, Inc. ("Shurgard") to support any and all future annexation efforts by the Town of Oro Valley of the property in Pima County that Shurgard is currently developing. Now therefore,by my signature affixed hereto I, Jeff Helgeson, as Real Estate Manager of Shurgard, commit Shurgard to support such annexation efforts by the Town of Oro Valley until successful annexation of Pima County Parcel 220-04-010M into the Town of Oro Valley is achieved, in consideration for inclusion in the Town of Oro Valley Water Utility service area as approved by the Mayor and Town Council. Furthermore, by my signature affixed hereto I, Jeff Helgeson, as Real Estate Manager of Shurgard, have the authority to commit Shurgard as provided herein. (7_41r_ 00,z ff lgeson Date Real Estate Manager Shurgard Storage Centers, Inc. State ofPC � ---�' X ) ss. County o f UM 211 Y �, rSUBSCRIBED SWORN to before me this ' ay of ) ; .�' , 20 b.)— by e ; ,Io . '- who is known to me or has � r- ril been identified as the � - , and by satisfactorily � � � �� ri1) � ,.,�,:�( ;r 0 Jr.4.._* who is known to me o has satisfactorily been identified as the - - 1 vr v t for r 7u ,.r , and are duly authorized agents to sign on behalf of said company. (97 Notary Public . My Commission Expires: Auts, As,orytie, SUSAN N WENZE L 4. Notary Public-Arizona a MaricopaCounty. - MyCommission Expires August 25,2006 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: December 4, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Alan Forrest, Water Utility Director SUBJECT: Resolution No. (R) 02- 'TA RESOLUTION OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA APPROVING AND AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CENTRAL ARIZONA WATER CONSERVATION DISTRICT AND THE TOWN OF ORO VALLEY PROVIDING FOR DELIVERY OF CENTRAL ARIZONA PROJECT INCENTIVE RECHARGE WATER SUMMARY: On November 17, 1999, the Town of Oro Valley originally approved an Intergovernmental Agreement (IGA) with the Central Arizona Water Conservation District (CAWCD) providing for the delivery of Central Arizona Project (CAP) Incentive Recharge Water. This is water the CAWCD made available to contractors at a slightly reduced price to encourage the increased use of CAP water for recharge purposes. Incentive priced water can only be used for recharge and the accrual of long-term storage credits. For many years now the Town of Oro Valley has utilized the incentive priced CAP water, along with an in-lieu recharge arrangement with Kai Farms, to accrue long-term storage credits. These credits can be utilized by the Town's Water Utility to help meet Assured Water Supply requirements, to offset GPCD violations or in several other ways that benefit the Town. In August of 2001, CAWCD provided a revised IGA that incorporated changes necessary to implement provisions of a stipulation entered into between CAWCD and the United States regarding repayment obligations of the CAP. All incentive recharge customers were required to execute this new agreement. On October 17, 2001 the Mayor and Council approved the revised IGA in order to continue purchasing incentive recharge water. In September of this year, CAWCD notified all incentive recharge customers that they were again revising the IGA. With this new IGA, CAWCD is attempting to address a concern they have that some contractors may not be using incentive recharge water in the manner originally intended by CAWCD. Specifically, they are concerned that some contractors may be purchasing incentive-priced water for recharge while at the same time recovering long-term storage credits earned in a previous year. CAWCD contends this scenario is equivalent to an annual storage and recovery program and is inconsistent with the purposes of the incentive recharge program. The new contract differs from the current contract only in Article 4(i), which now includes the following provision: "In determining the amount of Project Water that qualifies as Incentive Recharge Water in any year, any long-term storage credits earned by storing CAP water that are recovered by the Contractor in that year shall be deducted from the long-term storage credits received by the Contractor in that year." In effect, this change means that a contractor will pay full price for recharge water ($62/AF) up to the amount of water recovered in any given year and only that amount of CAP water recharged in excess of the amount recovered will be at the incentive recharge price ($55/AF). This change will have no immediate impact on the Town of Oro Valley since we are not planning to recover any long-term storage credits during this fiscal year. In future years, we may have to pay an additional $7/AF for recharge water, if the Town simultaneously recovers long-term storage credits, however, we can account for this increase during the budget process for any year in which we plan to recover long-term storage credits. TOWN OF ORO VALLEY COUNCIL COMUNICATION Page 2 of 2 ATTACHMENTS: 1. Resolution (R) 02 - 108 2. Central Arizona Project Incentive Recharge Contract 3. CAWCD Letters dated Sept. 30 and Oct. 29, 2002. FISCAL IMPACT: Terms of the new contract will not have any impact during the current fiscal year. Current costs for purchasing CAP incentive recharge water and recharging through our groundwater savings project with Kai Farms totals to $93 per acre foot. The FY 02-03 Budget included funding for these expenses. However, these costs are subject to change on an annual basis. RECOMMENDATIONS: Given that the Town of Oro Valley would like to continue purchasing incentive priced CAP water and that the proposed changes to the CAP Incentive Recharge Contract will have no fiscal or operational impact on the Water Utility, staff recommends approval of Resolution (R) 02-108 SUGGESTED MOTION: I move to approve the adoption of Resolution(R) 02 -108 Or I move to deny de,..... Wat Utility Dir-ctor /4 (4°e.e)j - Town Manager RESOLUTION NO. (R) 02- 108 A RESOLUTION OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA APPROVING AN INTERGOVENMENTAL AGREEMENT BETWEEN THE CENTRAL ARIZONA WATER CONSERVATION DISTRICT AND THE TOWN OF ORO VALLEY PROVIDING FOR DELIVERY OF CENTRAL ARIZONA PROJECT INCENTIVE RECHARGE WATER WHEREAS, The Town Oro Valleyhas determined that the operation of water utility systems as state statute are in the public interest and improve and promote the public welfare authorized by of the citizens of the Town of Oro Valley; and the Town of Oro Valleyhas the authority to enter into contracts and WHEREAS, intergovernmental agreements to provide for the health, safety and welfare of it's ci tizens; and WHEREAS, approval roval of this contract/intergovernmental agreement with the Central Arizona Water Conservation District for delivery of Central Arizona Project water for recharge purposes is found to be in the Town's best interests; and THEREFORE, BE IT RESOLVED BY THE ORO VALLEY MAYOR AND NOW, TOWN COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA AS FOLLOWS:. That the agreement (including aall exhibits and communications mentioned or implied therein) between the Central Arizona Water Conservation District and the Town of Oro Valley providingfor the deliveryand terms of Central Arizona Project Incentive Recharge Va y Water pp is herebyapproved, subject to such minor modifications as are found necessary by Town staff That copies of all documents shall be kept on file at the office of the Town Clerk. PASSED AND ADOPTED bythe Mayor and Council of the Town of Oro Valley, Pima County, Arizona this 4th day of December , 2002. Mayor Paul H. Loomis ATTEST: APPROVED AS TO FORM: Kathy Cuvelier, Town Clerk Dan Dudley, Town Attorney 1 Incentive Recharge Contract 2 3 AGREEMENT BETWEEN THE CENTRAL ARIZONA 4 WATER CONSERVATION DISTRICT AND TOWN OF ORO VALLEY 5 PROVIDING FOR THE DELIVERY OF EXCESS CENTRAL ARIZONA PROJECT WATER 6 7 This Agreement is made as of the day of ,2002,in pursuance generally of 8 the Act of June 17, 1902(32 Stat.388),and acts amendatory thereof or supplementary thereto,including 9 but not limited to the Boulder Canyon Project Act of December 21,1928(45 Stat. 1057,as amended,the 10 Reclamation Project Act of August 4,193 9(53 Stat. 1187),as amended,the Reclamation Reform Act of 11 October 12, 1982(96 Stat. 1263),and particularly the Colorado River Basin Project Act of September 30, 12 1968(82 Stat.885),as amended(the"Basin Project Act"),between the CENTRAL ARIZONA WATER 13 CONSERVATION DISTRICT("CAWCD"),and the TOWN OF ORO VALLEY(the"Contractor"), 14 with its principal place of business in Oro Valley, Arizona. 15 RECITALS 16 A. The Basin Project Act provides, among other things, that for the purposes of 17 furnishing irrigation and municipal and industrial("M&I")water supplies to water deficient areas of Arizona 18 and western New Mexico through direct diversion or exchange of water,control of floods,conservation 19 and development offish and wildlife resources,enhancement of recreation opportunities,and for other 20 purposes, the Secretary shall construct, operate, and maintain the Central Arizona Project ("CAP"). 21 B. The United States and CAWCD have entered into Contract No. 14-06-W-245, 22 Amendment No. 1, dated December 1, 1988 (the "Repayment Contract"), which is incorporated by 23 reference, providing for the delivery of water and repayment of costs of the CAP. 24 C. The United States and CAWCD have entered into the Stipulation Regarding a Stay 25 of Litigation,Resolution of Issues During the Stay and for Ultimate Judgment upon the Satisfaction of 26 Conditions, filed with the United States District Court on May 3, 2000, in Central Arizona Water 1 Conservation District v.United States,No.CIV 95-625-TUC-WDB(EHC),No.CIV 95-1720-PHX- 2 EHC(Consolidated Action)(the"Stipulation"),which modifies the Repayment Contract in certain respects. 3 D. Paragraph 5(d)(2)of the Stipulation grants CAWCD the exclusive right to sell or 4 use Excess Water. 5 E. The Contractor is in need of a water supply and desires to contract with CAWCD 6 for Incentive Recharge Water,which is specifically priced Excess Water made available for recharge 7 purposes only. 8 AGREEMENT 9 Repayment Contract and Stipulation Controlling 10 1. The Contractor expressly approves and agrees to all the terms presently set out in the 11 Repayment Contract and Stipulation,or as such terms maybe hereafter amended,and agrees to be bound 12 by the actions to be taken and the determinations to be made under those agreements,except as otherwise 13 provided herein. In the event of any inconsistency between this Agreement and the Repayment Contract, 14 the provisions of the Repayment Contract,as modified by the Stipulation,shall be controlling. Definitions 15 included in the Repayment Contract and Stipulation are applicable to this Agreement. The first letters of 16 terms so defined are capitalized herein. 17 Delivery of Water by CAWCD 18 2. In so far as Project Water supplies and the delivery capability of the Project will permit,and 19 subject to the provisions of the Repayment Contract and Stipulation,CAWCD will deliver Incentive 20 Recharge Water to the Contractor in an amount, and at a water service charge, to be determined in 21 accordance with the terms of this Agreement. The determination of whether Incentive Recharge Water is 22 available for delivery in any Year,and,if so,the amount of such Incentive Recharge Water that is available 23 for delivery under this Agreement in any Year,is a determination within the exclusive discretion of CAWCD; 24 Provided,however,That delivery of Incentive Recharge Water under this Agreement shall be subject to the 25 prior satisfaction of all water deliveries scheduled pursuant to a long-term contract or subcontract for Project 26 -2- Water service, as that term is used in the Stipulation. Term 2 3. The initial term of this Agreement expires on December 31,2003. This Agreement will be 3 automatically renewed for successive one-year terms unless either party notifies the other by October 1 of 4 any year that it does not wish to renew the Agreement for the following year or unless sooner terminated 5 in accordance with Article 6 or Article 11. 6 Conditions Relating to Delivery and Use 7 4. The delivery and use of water under this Agreement is conditioned on the following,and the 8 Contractor hereby agrees that: 9 (a) All uses of Proj ect Water and Return Flow shall be consistent with Arizona water 10 law unless such law is inconsistent with the Congressional directives applicable to the Central Arizona 11 Project. 12 (b) Project Water made available pursuant to this Agreement shall be used within 13 Contractor's service area or place ofuse for direct or indirect recharge purposes only. The Contractor's 14 service area or place ofuse is described in Exhibit A,which is incorporated by this reference,and maybe 15 amended by the Contractor from time to time. 16 (c) The system or systems through which Project Water is conveyed after delivery to 17 the Contractor shall consist of pipelines,canals,distribution systems,or other conduits which will prevent 18 excessive conveyance losses. 19 (d) Project Water furnished pursuant to this Agreement shall be delivered through 20 Project Works for use directly or by exchange as permitted by law. 21 (e) Project Water furnished to the Contractor pursuant to this Agreement may not be 22 resold or transferred,but the Contractor may enter into an arrangement with a groundwater savings facility 23 allowed under state law to store Project Water. 24 (0 The Contractor shall not pump,or within its legal authority,permit others to pump 25 groundwater from within the exterior boundaries of the Contractor's service area for use outside of said 26 -3- service area unless such pumping is permitted under Title 45,Chapter 2,Arizona Revised Statutes,as it may 1 be amended from time to time,and CAWCD and the Contractor shall agree,or shall have previously 2 agreed,that a surplus of groundwater exists and drainage is or was required;Provided,however,That such 3 pumping maybe approved by CAWCD,and approval shall not be unreasonably withheld,if such pumping 4 is in accord with the Basin Project Act and upon submittal by the Contractor of a written certification from 5 the Arizona Department of Water Resources or its successor agency that the pumping and transportation 6 of groundwater is in accord with Title 45,Chapter 2,Arizona Revised Statutes,as it maybe amended from 7 time to time. 8 (g) Notwithstanding any other provision of this Agreement,Project Water shall not be 9 delivered to the Contractor unless and until the Contractor has obtained final environmental clearance from 10 CAWCD for the system or systems through which Project Water is to be conveyed after delivery to the 11 Contractor at the Contractor's Project delivery point. 12 (h) The Contractor may direct that Incentive Recharge Water made available pursuant 13 to this Agreement be delivered to a groundwater savings facility for indirect recharge pursuant to a separate 14 agreement between the Contractor and the operator of the groundwater savings facility;Provided,however, 15 that: 16 (i) Incentive Recharge Water shall be used by an identified groundwater user on 17 a gallon-for-gallon substitute basis directly in lieu of groundwater as provided in A.R.S.¶45-812.01. 18 (ii) The Contractor and the operator of the groundwater savings facility must 19 demonstrate to CAWCD's satisfaction that they have the appropriate permits issued by the Arizona 20 Department of Water Resources. 21 (iii) Where the operator of the groundwater savings facility is an agricultural entity 22 participating in CAWCD's target pricing program,only Project Water over and above the amount of 23 Project Water taken by the agricultural entity in the immediately preceding year,not including Incentive 24 Recharge Water, may qualify as Incentive Recharge Water. 25 * * * 26 -4- (iv) The Contractor shall provide CAWCD a copy of its agreement with the operator of the groundwater savings facility for Incentive Recharge Water. 2 (i) Only Project Water for which the Contractor receives long-term storage credits 3 from the Arizona Department of Water Resources may qualify as Incentive Recharge Water. In determining 4 the amount of Proj ect Water that qualifies as Incentive Recharge Water in any year,any long-term storage 5 credits earned by storing CAP water that are recovered by the Contractor in that year shall be deducted 6 from the long-term storage credits received by the Contractor in that year. 7 (j) Upon the expiration of this Agreement,CAWCD will determine whether any 8 Project Water delivered pursuant to this Agreement did not qualify as Incentive Recharge Water for the 9 reasons specified in sections 4(g)(iii)or 4(h)ofthis Agreement. For any such Project Water not qualifying 10 as Incentive Recharge Water,CAWCD will bill the Contractor for the difference between the water service 11 charge for Incentive Recharge Water and the standard M&I water service charge. 12 Procedure for Ordering Water 13 5. (a) On or before the date of execution of this Agreement,or as soon thereafter as is 14 practicable,CAWCD will notify the Contractor of the amount of Incentive Recharge Water available for 15 delivery during the first Year under this Agreement(the initial Year of water delivery). The Contractor shall, 16 within a reasonable period of time as determined by CAWCD,submit a written schedule to CAWCD 17 showing the quantity of Incentive Recharge Water desired by the Contractor during each month of the initial 18 Year of water delivery. CAWCD will review the requested schedule and determine whether Incentive 19 Recharge Water is available for delivery in the initial Year of water delivery,and,if so,the amount of 20 Incentive Recharge Water available for delivery under this Agreement during such Year. Within thirty(30) 21 days of CAWCD's receipt ofthe Contractor's requested schedule,CAWCD shall determine and furnish 22 to the Contractor the water delivery schedule for the initial Year of water delivery which shall show the 23 amount of Incentive Recharge Water projected to be delivered to the Contractor during each month of such 24 Year,contingent upon the Contractor remaining eligible to receive water under all terms contained herein. 25 26 -5- (b) The amounts,times, and rates of delivery of Incentive Recharge Water to the 1 Contractor during each Year subsequent to the initial Year of water delivery shall be in accordance with a 2 water delivery schedule for that Year. Such schedule shall be determined in the following manner: 3 (i) On or before July 1 of each Year beginning with July 1 of the initial Year of 4 water delivery,CAWCD shall issue a notice of availability of Incentive Recharge Water to the Contractor. 5 (ii) On or before October 1 of each Year beginning with October 1 of the initial 6 Year of water delivery,the Contractor shall submit in writing to CAWCD a water delivery schedule 7 indicating the amounts of Incentive Recharge Water desired by the Contractor during each month of the 8 following Year. 9 (iii) Upon receipt of the schedule,CAWCD shall review it together with all other 10 water delivery schedules,and determine whether Incentive Recharge Water is available for delivery in the 11 following Year, and,if so,the amount of Incentive Recharge Water available for delivery under this 12 Agreement in the following Year. 13 (iv) On or before November 15 of each Year beginning with November 15 of 14 the initial Year of water delivery,CAWCD shall determine and furnish to the Contractor the water delivery 15 schedule for the following Year which shall show the amount of Incentive Recharge Water to be delivered 16 to the Contractor during each month of that Year,contingent upon the Contractor remaining eligible to 17 receive water under all terms contained herein. 18 (c) The monthly water delivery schedules may be amended upon the Contractor's 19 written request to CAWCD. Proposed amendments shall be submitted by the Contractor to CAWCD no 20 later than 15 days before the desired change is to become effective,and shall be subject to review and 21 modification in like manner as the schedule. CAWCD shall notify the Contractor of its action on the 22 Contractor's requested schedule modification within 10 days of CAWCD's receipt of such request. 23 (d) The Contractor shall hold CAWCD,its officers,agents,and employees,harmless 24 on account of damage or claim of damage of any nature whatsoever arising out of or connected with the 25 actions of CAWCD regarding water delivery schedules furnished by or to the Contractor. 26 -6- Contractor's Project Delivery Point, Measurement 1 and Responsibility for Distribution of Water 2 6. (a) Incentive Recharge Water furnished to the Contractor pursuant to this agreement 3 shall be delivered to the Contractor at such point(s)on the Water Supply System as are agreed upon in 4 writing by CAWCD and the Contractor. All such point(s) shall hereinafter be referred to as the 5 "Contractor's Project delivery point." 6 (b) Unless CAWCD and the Contractor agree by contract to the contrary, the 7 Contractor shall construct and install,at its sole cost and expense,all connection facilities required to convey 8 water furnished to the Contractor pursuant to this Agreement to the Contractor's service area or place of 9 use,as the case maybe. The Contractor shall furnish,for written approval by CAWCD,drawings and 10 specifications showing all connection facilities to be constructed or installed within the Water Supply System 11 right-of-way,and shall obtain such approval before commencing construction or installation of such facilities. 12 All facilities constructed,installed,operated or maintained on the Water Supply System right-of-way by or 13 for the Contractor shall be subject to such further agreements and to such restrictions and regulations as to 14 type,location,method of installation,operation,and maintenance as maybe prescribed by CAWCD. 15 (c) The Contractor shall construct,operate,and maintain its connection facilities and 16 appurtenant works in a good and workmanlike manner and in full compliance with the laws of the State of 17 Arizona and with all laws,regulations,and orders of the United States affecting such operations. The failure 18 of the Contractor after due notice to construct,operate,and maintain its connection facilities and appurtenant 19 works in a good and workmanlike manner or to abide by any of the terms and conditions of any applicable 20 laws,regulations,or orders,shall cause this Agreement to be subject to immediate termination at the option 21 of CAWCD. The Contractor shall reimburse CAWCD within thirty(30)days of Contractor's receipt of 22 a statement for the costs of repairing any damage to Project facilities or Project rights-of-way caused by 23 or arising out of the Contractor's activities under this Agreement. 24 (d) Upon termination of this Agreement,the Contractor shall promptly remove,at its 25 sole cost and expense, all connection facilities constructed or installed on the Water Supply System 26 right-of-way and restore said right-of-way and all Project facilities affected to their condition immediately -7- prior to the construction or installation of such connection facilities. If the Contractor fails to remove said 1 connection facilities and restore said right-of-way and Project facilities within thirty(30)days after receiving 2 any written notice from CAWCD to do so,CAWCD may remove said connection facilities and restore said 3 right-of-way and Project facilities at the Contractor's cost and expense,and,within thirty(30)days after 4 receiving written demand from CAWCD to do so,the Contractor shall pay CAWCD,as specified in such 5 written demand,for all costs and expenses incurred by CAWCD in removing said connection facilities and 6 restoring said right-of-way and Project facilities. 7 (e) If the Contractor's Project delivery point is a Project turnout or Project turnouts 8 constructed by the United States,and if the Contractor intends to convey water furnished to the Contractor 9 pursuant to this agreement through connection facilities owned or operated by others,the use by the 10 Contractor of such connection facilities shall be the subject of written agreement(s)between the Contractor 11 and the owner(s)or operator(s)of such connection facilities,and all such agreements shall include such 12 terms and conditions as maybe required by CAWCD and shall be subject to the prior,written approval 13 of CAWCD before becoming binding upon the parties thereto. 14 (f) Unless the Contractor's Project delivery point is a Project turnout or Project 15 turnouts constructed by the United States,all water delivered from the Water Supply System shall be 16 measured with equipment furnished and installed by the Contractor and operated and maintained by the 17 Contractor at the Contractor's sole cost and expense. The results of such measurements shall be reported 18 to CAWCD in such manner and at such time(s) as CAWCD may prescribe. Upon the request of 19 CAWCD,the accuracy of such measurements shall be investigated by the Contractor,and any errors which 20 are determined to have occurred therein shall be adjusted;Provided,however,That in the event the parties 21 cannot agree on the required adjustment, CAWCD's determination shall be conclusive. 22 (g) If the Contractor's Project delivery point is a Project turnout or Project turnouts 23 constructed by the United States,all water delivered from the Water Supply System shall be measured with 24 equipment furnished and installed by the United States and operated and maintained by CAWCD. Upon 25 the request of the Contractor,or CAWCD,the accuracy of such measurements shall be investigated by 26 -8- CAWCD and the Contractor,and any errors which are mutually determined to have occurred therein shall 1 be adjusted;Provided,however,That in the event the parties cannot agree on the required adjustment, 2 CAWCD's determination shall be conclusive. 3 (h) Neither the United States nor CAWCD shall be responsible for the control, 4 carriage,handling,use,disposal,or distribution of water beyond the Contractor's Project delivery point. 5 The Contractor shall hold the United States and CAWCD harmless on account of damage or claim of 6 damage of any nature whatsoever for which there is legal responsibility,including property damage,personal 7 injury,or death arising out of or connected with the control,carriage,handling,use,disposal,or distribution 8 of water beyond the Contractor's Project delivery point. 9 Interruptions and Reductions 10 7. In addition to the right of the United States under Subarticle 8.3(a)(iv)of the Repayment 11 Contract to temporarily discontinue or reduce the amount of water to be delivered, CAWCD may 12 discontinue or reduce the quantity of water to be furnished to the Contractor as herein provided for the 13 purposes of investigation,inspection,construction,testing,maintenance,repair,or replacement of any of 14 the Project facilities or any part thereof. CAWCD may also discontinue or reduce the quantity of water to 15 be furnished to the Contractor if there is insufficient Project Water or Project delivery capacity to deliver 16 the Contractor's water order,the water orders of other contractors of Incentive Recharge Water and Excess 17 water service, and all water deliveries scheduled pursuant to a contract with the United States or a 18 subcontract with the United States and CAWCD providing for Project Water service for a period of 50 19 years or more. So far as feasible, CAWCD shall attempt to coordinate any such discontinuance or 20 reduction with the Contractor and to give the Contractor due notice in advance of such discontinuance or 21 reduction. In case of emergency,no notice need be given. The United States,its officers,agents,and 22 employees,and CAWCD,its officers,agents,and employees,shall not be liable for damages when,for any 23 reason whatsoever,any interruption,discontinuance,or reduction in delivery of water occurs. If any such 24 discontinuance or temporary reduction results in deliveries to the Contractor of less water than what has 25 been paid for in advance,the Contractor shall be entitled to be reimbursed for the appropriate proportion 26 -9- of such advance payments prior to the date of the Contractor's next payment of water service charges or 1 the Contractor may be given credit toward the next payment of water service charges if the Contractor 2 should so desire. 3 No Long-Term Commitment to the Delivery of Project Water 4 8. Nothing in this Agreement shall be construed as an allocation of Project Water to the 5 Contractor,nor shall this Agreement entitle the Contractor to any Project Water other than as provided 6 herein. 7 Quality of Water 8 9. CAWCD does not warrant the quality of any Project Water furnished under this Agreement 9 and is under no obligation to construct or furnish water treatment facilities to maintain or better the quality 10 of any Project Water. The Contractor waives its right to make a claim against the United States,CAWCD, 11 or any other Project subcontractor or contractor on account of the quality of Proj ect Water or any changes 12 in water quality caused by the commingling of Project Water with other water. 13 Water Service Charges 14 10. (a) The Contractor shall pay in advance water service charges established annually by 15 CAWCD. On or before the date of execution of this Agreement,or as soon thereafter as is practicable, 16 CAWCD shall furnish the Contractor with the Contractor's water service charges for the initial Year of 17 water delivery(the"initial Year"). Within a reasonable time of receipt of said charges,but prior to the 18 delivery of water,the Contractor shall advance to CAWCD,in monthly installments payable on or before 19 the first day of each month of the initial Year,as determined by CAWCD,the water service charges due 20 for Incentive Recharge Water scheduled for delivery in the initial Year. For each subsequent Year, 21 CAWCD will establish water service charges,and CAWCD will notify the Contractor of the amount of 22 such charges on or before November 15 preceding each said subsequent Year. The Contractor shall make 23 payments of such charges in monthly installments due on or before the first day of each month of said 24 subsequent Year,as determined by CAWCD,for Incentive Recharge Water scheduled for delivery in said 25 subsequent Year. The Contractor shall pay in advance all water service charges established by CAWCD 26 -10- for Incentive Recharge Water scheduled for delivery under this Agreement;Provided,however,That the Contractor shall be relieved of the pumping energy portion of the water service charges associated with any 2 Incentive Recharge Water scheduled for delivery that is not delivered to the Contractor. 3 (b) The payment of all water service charges when due under this Agreement is a 4 condition precedent to delivery of Incentive Recharge Water. 5 (c) The obligation of the Contractor to pay CAWCD as provided in this Agreement 6 is a general obligation of the Contractor notwithstanding the manner in which the obligation may be 7 distributed among the Contractor's water users and notwithstanding the default of individual water users in 8 their obligations to the Contractor. 9 Termination of Contract 10 11. If the Contractor remains in arrears in the payment of any charges due CAWCD for a 11 period of 60 days or more,CAWCD may terminate this Agreement,which termination shall be effective 12 30 days after mailing written notice of termination to the Contractor. The Contractor shall remain obligated 13 to pay all charges required to be paid under this Agreement during the time period until and including the 14 date of termination. The Contractor's obligation to pay any amounts due but unpaid as of the date of 15 termination shall survive termination of this Agreement. CAWCD's right to terminate this Agreement as 16 provided in this Article 11 shall be in addition to the other rights of CAWCD under this Agreement and to 17 all other rights provided by law. 18 Charges for Delinquent Payments 19 12. (a) The Contractor shall be subject to interest,administrative and penalty charges on 20 delinquent installments or payments. The Contractor shall pay an interest charge for each day the payment is delinquent beyond the due date. When a payment becomes 60 days delinquent,the Contractor shall pay 21 an administrative charge to cover additional costs of billing and processing the delinquent payment. When a payment is delinquent 90 days or more,the Contractor shall pay an additional penalty charge of 6 percent 22 per year for each day the payment is delinquent beyond the due date. Further,the Contractor shall pay any fees incurred for debt collection services associated with a delinquent payment. 23 (b) The interest charge rate shall be the greater of the rate prescribed quarterly in the 24 Federal Register by the Department of the Treasury for application to overdue payments,or the interest rate of 0.5 percent per month prescribed by Section 6 of the Reclamation Project Act of 1939(Public Law 25 76-260). The interest charge rate shall be determined as of the due date and remain fixed for the duration of the delinquent period. 26 -11- (c) When a partial payment on a delinquent account is received,the amount received 1 shall be applied first to the penalty and administrative charges,second,to the accrued interest,and third to the overdue payment. . 2 Rules, Regulations and Determinations 3 13. (a) The parties agree that the delivery of water or the use of Federal facilities pursuant 4 to this Agreement is subject to Reclamation law, as amended and supplemented, and the rules and regulations promulgated by the Secretary of the Interior under Reclamation law. 5 (b) The Contracting Officer shall have the right to make determinations necessary to 6 administer this Agreement that are consistent with the expressed and implied provisions of this Agreement, the laws of the United States and the State of Arizona,and the rules and regulations promulgated by the 7 Secretary of the Interior. Such determinations shall be made in consultation with CAWCD and the Contractor. 8 Compliance with Environmental Laws 9 14. The Contractor, in carrying out this Agreement, shall comply with all applicable 10 environmental laws and regulations of the United States and the State of Arizona and shall obtain all required permits or licenses from the appropriate Federal, State, or local authorities. 11 Equal Opportunity 12 15. During the performance of this Agreement, the Contractor agrees as follows: 13 (a) The Contractor will not discriminate against any employee or applicant for 14 employment because of race,color,religion,sex,or national origin. The Contractor will take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without 15 regard to their race,color,religion,sex,or national origin. Such action shall include,but not be limited to the following: employment,upgrading,demotion,or transfer;recruitment or recruitment advertising;layoff 16 or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places,available to employees and applicants 17 for employment,notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause. 18 (b) The Contractor will,in all solicitations or advertisements for employees placed by 19 or on behalf of the Contractor,state that all qualified applicants will receive consideration for employment without discrimination because of race, color, religion, sex, or national origin. 20 (c) The Contractor will send to each labor union or representative of workers with 21 which it has a collective bargaining agreement or other contract or understanding,a notice,to be provided by the Contracting Officer, advising said labor union or workers'representative of the Contractor's 22 commitments under Section 202 of Executive Order 11246 of September 24, 1965,as amended,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 23 (d) The Contractor will comply with all provisions of Executive Order No. 11246 of 24 September 24, 1965,as amended,and of the rules,regulations,and relevant orders of the Secretary of Labor. 25 (e) The Contractor will furnish all information and reports required by said amended 26 Executive Order and by the rules,regulations,and orders of the Secretary of Labor,or pursuant thereto, -12- and willp ermit access to its books,records,and accounts by the Contracting Officer and the Secretary of i Labor forp �u oses of investigation to ascertain compliance with such rules,regulations, and orders. 2 In the event of the Contractor's noncompliance with the nondiscrimination clauses of this agreement or with of such rules,regulations, or orders, this agreement may be canceled, gr any 3or suspended,terminated, in whole or in part,and the Contractor maybe declared ineligible for further Government contracts in accordance with procedures authorized in said amended Executive Order,and 4 maybeimposed other sanctions im osed and remedies invoked as provided in said amended Executive Order, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 5 (g) The Contractor will include the provisions of paragraphs(a)through(g)in every subcontract or purchase order unless exempted by rules,regulations,or orders of the Secretary of Labor 6 issuedp ursuant to Section 204 of said amended Executive Order,so that such provisions will be binding 7 upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract orma urchase order as be directed by the Secretary of Labor as a means of enforcing such provisions, p y 8 including sanctions for noncompliance;Provided,however,That in the event the Contractor becomes involved in,or is threatened with,litigation with a subcontractor or vendor as a result of such direction,the 9 Contractor mayrequest the United States to enter into such litigation to protect the interests of the United States. 10 Compliance With Civil Rights Laws and Regulations 11 16. (a) The Contractor shall comply with Title VI of the Civil Rights Act of 1964(42 U.S.C.2000d Section 504 ofthe Rehabilitation Act of 1975(Public Law 93-112,as amended),the Age 12 )' Discrimination Act of 1975(42 U.S.C.6101,et seq.)and any other applicable civil rights laws,as well 13 with their respective implementing regulations and guidelines imposed by the U.S.Department of the Interior p p and/or Bureau of Reclamation. 14 (b) These statutes require that no person in the United States shall,on the grounds of 15 race,color,national origin,handicap,or age,be excluded from participation in,be denied the benefits of, � or be otherwise subjected to discrimination under any program or activity receiving financial assistance from 16 the Bureau of Reclamation. By executing this agreement,the Contractor agrees to immediately take any measures necessary implement im lement this obligation,including permitting officials of the United States to inspect 17 premises, programs, and documents. 18 (c) The Contractor makes this agreement in consideration of and for the purpose of obtaininganyand all Federal grants, loans, contracts, property discounts or other Federal financial 19 assistance extended after the date hereof to the Contractor by the Bureau of Reclamation, including installmentYm a ents after such date on account of arrangements for Federal financial assistance which were p pp 20 approved before such date. The Contractor recognizes and agrees that such Federal assistance will be extended in reliance on the representations and agreements made in this article,and that the United States 21 reserves the right to seek judicial enforcement thereof. 22 Books, Records, and Reports 23 17. The Contractor shall establish and maintain accounts and other books and records pertaining 24 to administration of the terms and conditions of this Agreement,including: the Contractor's financial transactions,water supply 1 data,p roj ect operation,maintenance and replacement logs,and Project land and 25 right-of-way agreements;the water users'land-use(crop census),land ownership,land-leasing and wa Y use water-use data; and other matters that CAWCD may require. Reports thereon shall be furnished to 26 CAWCD in such form and on such date or dates as CAWCD may require. Subject to applicable Federal -13- laws and regulations,each party to this Agreement shall have the right during office hours to examine and 1 make copies of each other party's books and records relating to matters covered by this Agreement. 2 Notices 3 18. Any notice,demand,or request authorized or required by this Agreement shall be deemed to have been given,on behalf of CAWCD,when mailed,postage prepaid,or delivered to Mr. Chuck 4 Sweet,Town Manager,Town of Oro Valley,11000 N.LaCanada Drive,Oro Valley,Arizona 85737,and on behalf of the Contractor when mailed,postage prepaid,or delivered to the General Manager,Central 5 Arizona Water Conservation District,23636 North 7th Street,Phoenix,Arizona 85024. The designation of the addressee or the address may be changed by notice given in the same manner as provided in this 6 Article for other notices. 7 Assignment Limited--Successors and Assigns Obligated 8 19. The provisions of this Agreement shall apply to and bind the successors and assigns of the parties hereto,but no assignment or transfer of this Agreement or any right or interest therein shall be valid 9 until approved in writing by CAWCD. 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement No. 11 effective the day and year first above-written. 12 CENTRAL ARIZONA WATER CONSERVATION DISTRICT 13 14 Attest: By: Secretary President 15 TOWN OF ORO VALLEY 16 17 Attest: By: 18 Title: Title: 19 20 Approved as to form: 21 22 wpdocs\Incentive\Oro Valley 221.01 23 24 25 26 —14— M.yy iir�� IWW1111 Tucson Inline Sk8 Club 3890 W. Sunny Hills P1. Tucson,AZ 85741 (520) 744-3787 December 4, 2002 The Honorable Mayor Paul Loomis and Town Council Members Town of Oro Valley 11000 N. La Canada Oro Valley, AZ 85737 Dear Mayor and Council Members: I have attached an overview of the Oro Valley Cactus Speed Classic VI marathon and fitness skating events held in Oro Valley, Sunday November 3, 2002, for your review and information. As you may know,this is the only inline skating marathon in Arizona and we are proud to hold it in the Town of Oro Valley. On behalf of the Tucson Inline Sk8 Club and Fast Eddie's Skate School, we would like to take this opportunity thank you for your support for of the Cactus Speed Classic. We look forward to our continued partnership. Sincerely, Diana M. Coonce, Event Director Cactus Speed Classic Marathon Oro Valley Cactus Speed Classic VI Marathon & Fitness Skate November 3, 2002 Oro Valley, AZ Overview of Event Marketing Strategies Marketed as Vacation Destination Utilized Map & Guide Purchased Exhibitor Booth in Duluth, Minnesota Featured in Tucson Citizen Sports Section Featured on Nickelodeon November 3, 2002 (national television) Featured in Fitness and Speed Skating Times (four issues-international magazine) Featured in 30 Minute Segment on Fox Featured on Good Morning Tucson(channel 9) Upcoming- Feature -Fitness and Speed Skating Times Expended Marketing Dollars $18,700 ($6,000 in-kind from Northwest Explorer) Registration 51% Increase in Registrations Substantial Increase in Registrations from Canada and Minnesota Demographics Skaters Represented: Nationally - 69 Cities- 17 States International- Canada, Mexico, Columbia, Argentina&Brazil Age Range 12 to 72 Years Young Revenue Generated Holiday Inn Express Risky Business Overflow Hotels Revenue for Town of Oro Valley(conservatively) $200,000 Special Thanks to Northwest Businesses/Organizations That Supported the Event Town of Oro Valley Northwest Explorer All About Running and Walking R&R Bicycles Holiday Inn Express Risky Business Safeway Golder Ranch Fire Department Photography by Bob Horn 6 1 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: December 04, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: Scott Nelson, Special Projects Coordinator SUBJECT: PUBLIC HEARING REGARDING REQUEST TO ANNEX APPROXIMATELY 251.51 ACRES OF UNINCORPORATED TERRITORY LOCATED WEST OF THE CURRENT TOWN LIMITS INCLUDING A PORTION OF THE SOUTHWEST 1/4 OF SECTION 15 AND THE NORTHWEST 1/4 OF SECTION 22, ALL IN TOWNSHIP 12 SOUTH, RANGE 13 EAST, GILA AND S ALTRIV ER MERIDIAN , PIMA COUNTY, ARIZONA SUMMARY: On November 20, 2002 , the Mayor & Council voted to initiate the annexation process for approximately 251.51 area of unincorporated territorywest of the current Town limits including a portion of the southwest1/4 � of section 15 and northwest 1/4 of section 22, all in township 12 south, range 13 east, gila and salt river meridian, Pima County, Arizona, as outlined in Oro Valley Resolution No.(R) 95-22, Oro Valley Policy for Annexation of Unincorporated Land and per the requirements of Arizona State Law. The Oro Valley Planning &Zoning Commission considered this request at their November 12, 2002 meeting and voted to recommend that the Town Council proceed with this annexation request. In accordance with ARS 9-471(A)(1), the blank petition, map and legal description was filed with the Pima County Recorder on November 21, 2002. Once the blank petition, map and legal description is filed, a 30 day waitingperiod begins, during which time a public hearing must be held. In addition, we have completed the g process of followingthe state law requirements regarding notification at least 6 days prior to the public hearing and at least 15 days before the end of the 30 day waiting period: 1.Publish notice of public hearing in The Daily Territorial newspaper. 2.Post the notice ofublic hearingin at least three conspicuous places on the property proposed to be annexed. p 3. Mail the notice ofp ublic hearing by first class mail to the property owners in the territory considered for annexation. 4. Mail the notice of public hearing to the Chairman of the Pima County Board of Supervisors. FISCAL IMPACT: Net fiscal impact. ($10,671) ATTACHMENTS: 1.ARS 9-471, Annexation of territory; procedures; notice; petitions; access to information; restrictions. 2.Map and Legal description of proposed Annexation Area. 3. Letter of request from area residents dated October 17, 2002. 4. Minutes of the November 12, 2002 Planning & Zoning Commission meeting. 5. Economic Impact Analysis Prepared by Finance Director David Andrews SUGGESTED MOTION: No action is required at this time. S p-= a Projects f ordinator r <. Town Man.ger < >< >9-471 - Annexation of territory; procedures; notice; petitions; ... Page 1 of 4 b b 9-471 . Annexation of territory; procedures; notice; petitions; access to information; restrictions A. The following procedures are required to extend and increase the corporate limits of a city or town by annexation: 1. A city or town shall file in the office of the county recorder of the county in which the annexation is proposed a blank petition required by paragraph 4 of this subsection setting forth a description P P and an accurate map of all the exterior boundaries of the territory contiguous to the city or town proposed to be annexed. Notice and a copy of the filing shall be given to the clerk of the board of supervisors and to the county assessor. The accurate map shall include all county rights-of-way and roadways with no taxable value that are within or contiguous to the exterior boundaries of the area of thero osed annexation. If state land, other than state land utilized as state rights-of-way P P or land held byby the state tax deed, is included in the territory, written approval of the state land commissioner and the selection board established by section 37-202 shall also be filed. 2. on Signatures petitions filed for annexation shall not be obtained for a waiting period of thirty 9 days after filing the blank petition. 3. After filing the blank petition pursuant to paragraph 1 of this subsection, the governing body of the city or town shall hold a public hearing within the last ten days of the thirty day waiting period to discuss the annexation proposal. The public hearing shall be held in accordance with the provisions of title 38, chapter 3, article 3.1, except that, notwithstanding the provisions of section 38-431.02, subsections C and D, the following notices of the public hearing to discuss the annexation proposal shall be given at least six days before the hearing: (a) Publication at least once in a newspaper of general circulation, which is published or circulated in the city or town and the territory proposed to be annexed, at least fifteen days before the end of the waiting period. (b) Postin9 in at least three conspicuous public places in the territory proposed to be annexed. (c) Noticeby first class mail sent to the chairman of the board of supervisors of the county in which the territory proposed to be annexed is located. (d) Notice by first class mail with an accurate map of the territory proposed to be annexed sent to each owner of the real and personal property as shown on the list furnished pursuant to subsection G of this section that would be subject to taxation by the city or town in the event of annexation in the territory proposed to be annexed. For purposes of this subdivision, real and personal property includes mobile, modular and manufactured homes and trailers only if the owner also owns the underlying real property. 4. Within oneY ear after the last day of the thirty day waiting period a petition in writing signed by the owners of one-half or more in value of the real and personal property and more than one-half of the persons owning real and personal property that would be subject to taxation by the city or town in the event of annexation, as shown by the last assessment of the property, may be circulated and filed in the office of the county recorder. For purposes of this paragraph, real and P property roperty includes mobile, modular and manufactured homes and trailers only if the owner also owns the underlying real property. 5. No alterations increasing or reducing the territory sought to be annexed shall be made after a petition has been signed by a property owner. 6. TheP etitioner shall determine and submit a sworn affidavit verifying that no part of the territory for which the filing is made is already subject to an earlier filing for annexation. The county http://www.azle .state.az.us/searchioopiqfullhit.asp?Ci WebHitsFile=/ars/9/00471.htm&C... 11/19/2002 9-47 1 - Annexation of territory; procedures; notice; petitions; ... Page 2 of 4 r. recorder shall not accept a filing for annexation without the sworn affidavit. B. All information contained in the filings, the notices, the petition, tax and property rolls and other matter., regarding a proposed or final annexation shall be made available by the appropriate official for public inspection during regular office hours. cityor town, the attorneygeneral, the county attorney, or any other interested party may C. Any question verified petition move to the validity of the annexation for failure to comply with the provisions of this section. The petition shall set forth the manner in which it is alleged the annexation procedure was not in compliance with the provisions of this section and shall be filed within thirty daysafter adoption of the ordinance annexing the territory by the governing body of the city or town and not otherwise. The burden of proof shall be upon the petitioner to prove the of his verified petition. No action shall be brought to question the validity of an material allegations annexation ordinance unless brought within the time and for the reasons provided in this subsection. g providedby All hearings this section and all appeals therefrom shall be preferred and heard and determined inP reference to all other civil matters, except election actions. In the event more than oneq etition uestioning the validity of an annexation ordinance is filed, all such P petitions shall be consolidated for hearing. If two or more cities or towns show the court that they have demonstrated an active interest in annexing any or all of the area proposed for annexation, the court shall consider anyoral or written agreements or understandings between or among the cities and towns in making its determination pursuant to this subsection. D. The annexation shall become final after the expiration of thirty days from the adoption of the ordinance annexing the territory by the city or town governing body, provided the annexation ordinance has been finally adopted in accordance with procedures established by statute, charter provisions, or local ordinances, whichever is applicable, subject to the review of the court to determine the validity thereof if petitions in objection have been filed. E. For theur ose of determining the sufficiency of the percentage of the value of property under P P this section, such values of property shall be determined as follows: 1. In the case ofro ert assessed by the county assessor, values shall be the same as shown by P P Y the last assessment of the property. 2. In the case ofro ert valued by the department of revenue, values shall be appraised by the P P Y department in the manner provided by law for municipal assessment purposes. F. For theur ose of determining the sufficiency of the percentage of persons owning property P P under this section, the number of persons owning property shall be determined as follows: 1. In the case of property assessed by the county assessor, the number of persons owning property shall be as shown on the last assessment of the property. 2. In the case ofro erty valued by the department of revenue, the number of persons owning P P property shall be as shown on the last valuation of the property. 3. If an undivided arcel of property is owned by multiple owners, such owners shall be deemed as P one owner for the purposes of this section. 4. If a owns erson multiple parcels of property, such owner shall be deemed as one owner for the p P purposes of this section. G. The county assessor and the department of revenue, respectively, shall furnish to the city or townro osin an annexation within thirty days after a request therefor a statement in writing P P 9 http://www.azleg.state.az.us/search/oop q/ fullhit.asp?CiWebHitsFile=/ars/9/00471.htm&C... 11/19/2002 9471 -< >< >< > - Annexation of territory; procedures; notice; petitions; ... Page 3 of 4 b b b showing the owner, the address of each owner and the appraisal and assessment of all such property. isnot contiguous for the purposes of subsection A, paragraph 1 of this section unless: H. Territory g 1. It adjoins the exterior boundary of the annexing city or town for at least three hundred feet. 2. It is, at allP oints at least two hundred feet in width, excluding rights-of-way and roadways. 3. The distance from the existing boundary of the annexing city or town where it adjoins the annexed territory to the furthest point of the annexed territory from such boundary is no more than twice the maximum width of the annexed territory. I. A city or town shall not annex territory if as a result of such annexation unincorporated territory is completely surrounded by the annexing city or town. J. Notwithstanding any provisions of this article to the contrary, any town incorporated prior to 1950 which had aP o ulation of less than two thousand persons by the 1970 census and which is P bordered on at least three sides by Indian lands may annex by ordinance territory owned by the state within the same county for a new townsite which is not contiguous to the existing boundaries of the town. K. TheP rovisions of subsections H and I of this section shall not apply to territory which is surrounded by the same city or town or which is bordered by the same city or town on at least three sides. L. A cityor town annexingan area shall adopt zoning classifications which permit densities and uses no9 reater than those permitted by the county immediately before annexation. Subsequent changes in zoning of the annexed territory shall be made according to existing procedures established by the city or town for the rezoning of land. M. The annexation of territory within six miles of territory included in a pending incorporation petition filed with the county recorder pursuant to section 9-101.01, subsection C shall not cause an urbanized area to exist pursuant to section 9-101.01 which did not exist prior to the annexation. N. As an alternative to theP rocedures established in this section, a county right-of-way or roadway with no taxable realro ert may be annexed to an adjacent city or town by mutual consent of the p p Y governingbodies of the county and city or town if the property annexed is adjacent to the annexing city or town for the entire length of the annexation and if the city or town and county each approve the proposed annexation as a published agenda item at a regular public meeting of pp their governing bodies. O. On or before the date the governing body adopts the ordinance annexing territory, the body governingshall have approved a plan, policy or procedure to provide the annexed territory with appropriate ro riate levels of infrastructure and services to serve anticipated new development within tenY ears after the date when the annexation becomes final pursuant to subsection D of this section. P. If aro ert prevails in any action to challenge the annexation of the property owner's P P Y owner property, the court shall allow the property owner reasonable attorney fees and costs relating to P Y, the action from the annexing municipality. Q. or may A citytown annex territory that is a county owned park, a park operated on public lands Y by a countypart of a management agreement or land owned by a flood control district if as http: www.// azleg.state.az.us/search/oopq / fullhit.asp?Ci WebHitsFile=/ars/9/00471.htm&C... 11/19/2002 < > - Annexation of territory; procedures; notice; petitions; ... Page 4 of 4 9-4/1 /b Anrne rY otherwise agreed to by the board supervisors.ervisors. For the purposes of this subsection, "public lands" p has the same meaning prescribed in section 37-901. te.az.us/search/oo / fullhit.as ?CiWebHitsFile=/ars/9/00471.htm&C... 11/19/2002 http.//www.azleg.sta p q p 10/28/2002 17:0E 160224885 EEC . PAGE 02 • ., 1 le Is .__. ,. October 28, 2002 . EEC No. 202016.02 civil engineeringI . ' CHOLLA—LUCERO ANNEXATION � One-Quarter (SW 1/4) of Section 15 and the That portion of the Southwest environmentalSection allTownship 12 South, Range 13 Northwest One-Quarter (NW 1/4) of servicesArizona, described as follows: East, Gila and Salt RIve�•Meridian, Pima County, said 1� said point being the Northeast BEGINNINGat the Center of saia flood control recordedaoo 19 of Maps and Plats at Page 11, Pima County and drainage corner of LOMAS DE ORO asRecorder's Office, Pima County,Arizona; the East Line of said Southwest One;-Quarter THENCE Southerly, along e • the East L�.ne of said LOMAS DE ORO to.th land Sarva In SSV' 1/4) of Section.15, and along sun/eying Southeast corner of said LOMAS DE ORO; . • . � • Southerly, alongsaid East Line of Southwest One- landscape continue landscape the South One-Quarter (S 1/4) corner of said - Quarter (SW of Section 15, to Qaronrte�ture 1/4) . Section 15; . Line of the Northwe• st Southerly, along the East One-Quarter (NW,. . natural resourcesLine of the South One-Half(S 1/2) of.the North1/4 of said Sect�on 22 to the�torth 22; Section One half(N 1/2) óf.the Northwest One-Quarter(NW 1/4).of said . transportation THENCE westerly, along said North Line, a distance of 1,020.9 feet; • more or less, to the Southeast collier of THENCE Southwesterly, 726.7 feet rend the Northwest .O�ae•C�hiarter (NW 1/4) of the Northwest One-Quarter (NW 1/4) of wage wasIawaier Section 22; Line o f the Southwest One-Quarter (SSV' . THENCE.Southerly, along the East Ln1 14 of the Northwest One-Quarter (NW 1/4) of said Section 22 to the South Line of 1 � One- . er (SVS 1/4) of e- anter of said Southwest Qum ! the Northeast •On Qu , (lam 1/4) N orthwest One-Quarter(NW 1/4); • Southeast One-Quarter (SETHENCE westerly, alongthe North Lune of the Q . _ (SW1/4) of the Northwest One-Quarter (NW 4 of the Southwest One-Quarter 1/ ) One-Half of the e West Line o f the East O e (E 1/2) . 1/4) of said Section 22 to the Southeast One-Quarter (SE 1/4) of the Southwest One-Quarter (sem 1/4) of the NorthwestOne-Quarter(NW 1/4) of said Section 22; Engineering and Environmental Consultants,Inc. 4625 E.Fort Lowell Road • Tucson,Arizona 85712 Tel:520-329-4625 • Fax:520-329-0333 www,eec-info.corn 16 28 r r ' -• 66 16 0224885� EEC N�HAU• L_ �66� ! . • October 28, 2002 EEC No. 202016.02 La Cholla—Lucero Annexation. Page 2 a line 30.00 feet North of and THENCE.Southerly, along said West Line to parallel with the South Line of the Northwest One-Quarter (NW 1/4) of said Section 22; • • TACE Westerly, along said parallel line, to a line 30.00 feet Easterly of Line parallel with the West of said Northwest One-Quarter (NW 1/4) of Section 22; • THENCE _Northerly, along said parallel line • to the North Line of said of Section 22, said point being 30.00 feet Easterly Northwest.One-Quarter (NW 1/4) of and parallel with thewesty Line of the Southwest One-Qua (SW 1/4) of said Section 15; • said parallel.Northerly, along line, to the North Line of the Southwest One-Quarter(SW 1/4) of said Section 15; North Line, the POINT OF BEGINNING. .THEN cE�astezly, along s a�d to ' Prepared by; • . . ENGINE r RING . f ENVIR• "'L` AL CONSULTANTS, INC. eivir ,focArf /. James L. Dean, ► L.S. t141451 • JAMES L. DEAN 62.. JLD:\jy aro • Pshared\jdean\L,gal\202016.02\La Cholla Luc=annexation ��; 10/28/2002 17:ea 16022487851 EEC PAGE 04 ... , . ,.., . ------ ........_ . _ ... . ,.,_ „ CHAPA. AL ENO.HT ! • 1 ---1 r---....._...„i ,..?" I i 0'P/it..0 r V •154, / / )/.--.. i x\ AIA. / // if : / \ ... k .1.... ! /AO' 4';k3kep lie i a; .A.'', Ar,a, .4,'j% • Alit i Ail ° I d A _ \ \2 1 . ' ...._______I 1 1 \ / 1 CENTBR OF • , • ,,,...... \ , 1 1 1 , „ \ / Az, P9 ‘ )::,...__ 3 0‘0 1.;0Aii..A8 DE \,--,, , 0 ".............,.... 4248\‘7, i . , , ;.' ......_..........._ pis . 1- --.-1,,,Y-2,,'7--—c-:D'I 1 • , f ) I r - 1. ...... 4,....., , . ; S K Et7\/\9 WI N G:;,...,,.,:,A.„ • ....._...L.......--- --.,. i ,,,,,-,__< .••.•_____••••._•_•__ ••,... ,,, r • 1 rg-- ! co ,-:-,-_-_-.- , .---- et CHOLLA-- -.L.-grERu .s.„ '4'r , i cri 1 --., •-i i I-41 i N _. , •.,_.,.......„.____I—a-----__,_____;.... • . AT, L _______I ""•-•1---, ; \I t \%. , NE ' TI \ _ ,, 1, \ , 1, .„.... 7- -- FOR il ON OF, , gir k i......—..—._....—, `, \ r -L.:. k .,"_ t•-•,/ }w-c :. 1 i I /. - P 4ilk., '''\ i..-7.......---,—.....„. ;.-•-,-----,....; ''- ---'--7 - SEtTIOAVi 15&22 ......, 4.: ./ ,,,,...,,,, • e.: ,,..-:- I \ 0 1 \/ '-'--- • / 1 ''' ..,.--\ - ,,, • A2-5, R- 1 ---;E, - . , ---.....,... ,, --—..—-", / 1 1 GRM, 1 . ANN , 1 . ,#io,o.#\.•\',.I._;:,-,....c.-. >,,.• ,...,.,, 1 PIA CO Y ARLTONA i I . i .0. L---1-----weERO....._.R .1.C1------.-1-- ,3-,--i:=•-- 1 0 Lgj I , , 1 1 1 II 1 , , r..- \ 1 , ; SSMITH 51/4 COR ELi 1 1 , . : v--- 1 , . III 0 , I I , 1 , I . 1 020.9' Z 1 ...,.... ....---. , ; "'kir"4- rirr ilea 1 1 , ..,.• _- ----- L i At . . % 1 --- l .., __--1--- - CtI . ,,.... ,,, 1 f-- 177.-----..---:-...-"... I....--.......1 I, . FE ORDIMONCE 95-72 1,i I - cF - o 1 i k07 i 1 r../ 1 LIZI 1 \ ,g?e DEAN Vy , , i. - .-• , li, • i S' /••11 ----30.0 I / : • I 11 , , // ! CEN TER OF 11 \ , Ii I :., ; SEC 22 i....,...,_ . I I eTI- TrsTri.11 - 70 VER TON ""• ••• ROi i i -- .-_ / $,P4.. ,.,+.. /if.‘•-•-,,..1 i": ! : .., • i .-(1$7,1C1 14,. \-i• P-1-P-0 49 ii , . • i---) (--; 1`..-• . ! 1 ' ; 1 il i1 1 1 i I `, r- EEC 202076.02 ,. , Engineering and Environmental Consultants, Inc. , i - 4625 E. FT. LOWELL RD. , 1 . TUCSON, ARIZONA 85712 520-321-4625 .......__J - - -----.- •--•---••--.. _ . . .... . . . . . ._ .... .. . , . ._ ._ . .. ... ____. ....__. : - September 30, 2002 1 r Mayor Loomis Council Members 11,000 N. La Canada Drive Oro Valley, AZ 85737 Dear Mr. Mayor, We on August 6�' to provide appreciate the time taken by Town officials to meet with us pp about the annexation process information t©the area residentsand to hear about our concerns with the wash, road maintenance, dust control, water drainage raina�e and livestock zoning. - - Mayor and Council of the Town of Oro Valley The undersigned residents would like the y to consider the Lomas de Oro and Lucero Road area to be considered as a future annexation area. f , / L/-ilzij...,,g-,-----/ a_ --1..4-4‘- '1611"— - ,,) )--.}'--/-,/-//' i / .2/ ,.. - ,',/,/,:a .i I , ') /7 (114.1 t , -Ast,...._ 4 A'...,atf / .7 ;7 cp_ _ . _ C//\ - , ------, /(--) r ',/ „ ,.. ,t GIL-(-4 , ___,...,___ ------- . -, / , , / / 4 / "'e'V // ;=_____e _____________t \ai ,,,..,_ir ........ kill, . rill 4 • (Si C.,- / .-.- grAL ' ,. tlitli , ger , r 41 n PI: 1 ) , f s ., ' / ::,-,1,--------- 1 ----4-' Action Summary November 12, 2002 Planning and Zoning Commission Meeting MOTION: Commissioner Kinared MOVED to table the current motion pending resolution of policy for open spaceacquisition. Commissioner Cox seconded the motion for purpose of discussion. Motion carried with 4 Yes, 2 No. CLARIFYING MOTION #2: MOTION: Commissioner Kinared MOVED to reference page 140 of the General Plan, 11.1.2 to add environmentally sensitive and/or desirable public open space lands with SRA. Commissioner Anning seconded the motion. Motion carried by a 6-0 vote. MOTION: Commissioner Anning MOVED to remove the table from the original motion regarding Map #4. Commissioner Cox seconded the motion. Motion carried by a 6-0 vote. g g Return to the original AMENDMENTS to the MAP MOTION. Chair Moody called for a vote on Commissioner Manross's original motion regarding Map #4. Motion carried with a 6-0 vote. BREAK 8:55—9:05 pm MOTION: Commissioner Anning MOVED to table further discussion on Item #2 on the agenda until Items #3, 4 and 5 were heard. Commissioner Manross seconded the motion. Motion carried by a 6-0 vote. 3. OV11-02-03, THE WLB GROUP INC. REPRESENTING WILLIAM ESTES, REQUEST TO INITIATE AN AMENDMENT TO THE TOWN OF ORO VALLEY GENERAL PLAN (1996) LAND USE MAP FROM LOW DENSITY RESIDENTIAL (.6-1.2 TO 1.3 —2.0 DWELLING UNITS ACRE) LOCATED DIRECTLY SOUTH OF THE CANADA DEL ORO WASH, WEST OF LA CANADA DRIVE AND OVERTON ROAD ON THE SOUTHEAST, PARCELS #225060020 & #224390240. MOTION: Commissioner Krenkowitz MOVED to deny OV11-02-03, request to initiate an amendment to the Town of Oro Valley General Plan for the Estes property from Low Density Residential (.6 — 1.2 dwelling units/acre) to Low Density Residential (1.3 —2.0 dwelling units/acre). Commissioner Manross seconded the motion. Motion carried by a 6-0 vote. 4. PROPOSED ANNEXATION TO THE TOWN OF ORO VALLEY OF THE 251.51 ACRE UNINCORPORATED TERRITORY LOCATED WEST OF THE CURRENT TOWN LIMITS INCLUDING A PORTION OF THE SOUTHWEST 'A OF SECTION 15 AND THE NORTHWEST 1/4 OF SECTION 22, ALL IN TOWNSHIP 12 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. MOTION: Commissioner Kinared MOVED to forward the proposed annexation to the Town Council, recommending that the Town Council proceed with the annexation of the area described above. Commissioner Cox seconded the motion. Motion carried by a 6-0 vote. 4 MEMORANDUM TO: Chuck Sweet, Town Manager D-)-a FROM: David Andrews, Finance Director.�i'� DATE: September 25, 2002 SUBJ:J: Fiscal Impact Analysis — Area I Attached to this memorandum please find the subject analysis for the potential negative annual The analysis indicates a annexation area identified as Area 1. Y impact of $531 , assuming a five year build out of the undeveloped portion of the uentl recurring revenues of $38,973 less recurring annexation area. Subsequently, recurring $10,671. expenditures of $49,644 yield a r g negative annual impact of have any give me a call should you questions or wish to discuss. CC: Jeff Weir, Economic Development Administrator Scott Nelson, Special Projects Coordinator r• Town of Oro Valley Fiscal Impact Analysis for Area 1 I ' Annual Amounts REVENUES Local Sales Tax/ Res. Construction S 10,140 Residential Building Permits 10,920 Subtotal Non-Recurring Revenues 21,060 Cable Franchise 734 State Shared Vehicle License Tax 5,093 State Shared Income Tax 1 13,096 State Shared Sales Tax 9,584 Highway Users Fuels Tax 9,794 g LTAF 672 Subtotal Recurring Revenues 38,973 Total Revenues $ 60,033 EXPENDITURES Police Department $ 30,300 Public Works 10,070 Public Transportation 1,000 Development Services (Non-Recurring) 10,920 Other 20% 8,274 Total Expenditures $ 60,564 NET FISCAL IMPACT $ (531) Demographics Persons Per Household* 2.41 Housing Units 51 Population 123 *Data based on figures from the 2000 U.S. Census for the Town of Oro Valley MEMORANDUM TO: Department Heads FROM: David Andrews, Finance Director DATE: September 3, 2002 SuBJp Proposed Annexation — Area I Fiscal Impact Analysis The purpose of this memorandum is to request your estimates regarding the cost of services to your respective departments for the proposed Annexation Area 1 p p pursuant to the attached map. 51 property owners of which 31 are north of Lucero Road and The area includes p p y 20 are south of Lucero Road. The northern portion is fully developed while the southern portion is zoned residential and primarily undeveloped. The northern boundary of the annexation area is the existing town limits. Your estimates will be required no later than September 17, 2002. Please call me if you have any questions. CC: Chuck Sweet, Town Manager Jeff Weir, Economic Development Administrator MelodyNiese, Management & Budget Analyst Scott Nelson, Special Projects Coordinator ' \'\:\' '.! I T 1 E V1L CS----78 , .. 4 1 , 1 _____'\ 01.;\.\/\ I i '.:(1 .7+-- •• , \, ••, s \ \ I \ ,.. t________2/ ______/ ,.. IIII --'\/ i 1 1 ,� ' \ 1;.. i ; , ,! • 'C FE1.1Z - -47)x` \.,, Z‘.., 1-----------•... Are.,:a 1 ,. \ .,., j .,, \! / ..., i ,. /, .. , ,______,/,__..., / ..., i , N „ ,..jam- ,�, .......„,. /. ,/ , , 7-,\. ),. .„, \ , .....-- , . 1_, ___, _ • :L__ _ .,___ ._7---.- _ ../ \: ''.., \ _,-, •••\ \ I‘ . 1 / . liki. ,:,. \ \ ,,\____r__\ 1 _' 'te • LOMASDEO2(1-21) i2i,._ /. Or rj.... 1 , _,______ \\\ .: L \ _________, , . \ \\V . -• ' - 1 , '1r \ 77-----<\ \ ' :\iN1 \ I , • , ________li,h_______,_._..._._..__ ___ .L______, . • , , 7'' \ i \,______j \ ,. . ,N),,;53 . \ i \ . izt-C ,....„/„...;--4 , N , ,/,------_____/ . \ , \ , / • , s. �� . / �� C•_�-ON -,1_• �� 1, . elppriapi4,01,( os i_..._____ ... , 1igt-...to. °' ..._____„------------, r____......... 040, !,1,4411 I Pirproill J ti f,4 r 0 134),,,-.4..4.1 11111,4egidWill , , 411111 -1, •A* ,411A ., / /. ‘' ,,.,i RAN (39• .. ---...,,g1 ilvdi LL4111. III' / . ---\ ___ N \ ,,_, ,. .\,/ ,,., it. //„.,7.,1---1 , Oro Valley Limits N Subdivision Names A/ Major Streets .., / Streets 300 0 300 600 Feet _, _ ____ Parcels !Ti:iiiii - Area 1 Town of Oro Valley Cost-Benefit Analysis Area I List of Assumptions Housing Units 51 Single Family Residences Local Sales Tax —Residential Construction 20 undeveloped lots, assume $195,000 p rice of a new home and a 5 year buildout. Persons Per Household 2.41 from 2000 Census 4. Cable Franchise Fees Number of units times 80% (usage ) times $30 average monthly bill times factor 5% franchise fee rate times 12 months. 5. Building Permit Fees — Residential $2,730 per residential building permit, based on FY 2002-2003 revenue estimates. Assume a 5 year buildout. 6. State Shared Revenues Per Capita State income tax $106.47 States sales tax 77.92 HURF 79.63 Vehicle License tax 41.41 LTAF 5.46 Totalp er capita $310.89 4 . yam- ,1P` a"'. <:z a ,:rt.: 'e` Vie'• ' � : i -',./-c'0 2 11000 N. La Canada Dr. ''''::::,4:'1 c", V, ', ,-,, , ,7 Oro Valley, Arizona 85737 . ... 1;,--_--- • ';` - '-- -v - ii. Phone (520) 229-4900 FAX (520) 797-2616 4 s " "v!: i; -- 1, WWW.ovpd.org Police DANIEL G. SHARP, Chief of 4 „ -, .1;,,,,: d:'71 k . ' A. :', :.�-r, A At'—„ - - 7 e 7 , 4. Ab'--,-,,,,.„-k,,,---'4,:;it), UN DEO- ORO VALLEY POLICE DEPARTMENT `INTEGRITY, PRIDE, EXCELLENCE" MEMORANDUM TO: CHIEF SHARP FROM: COMMANDER STEVENS N RE:• 2002 PROPOSED ANNEXATION - AREA 1 FISCAL IMPACT ANALYSIS DATE: 9-13-02 USING OUR STANDARD FORMULA RELATED TO OCCUPANCY/POPULATION, OFFICER TO POPULATION AND EQUIPMENT PER OFFICER RATES I ESTIMATE AN ANNUAL IMPACT OF $30,300. ATTACHMENTS: FISCAL IMPACT WORKSHEET . FISCAL IMPACT WORKSHEET 02/03 BUDGET YEAR FOR 2002 AREA I HOUSING UNITS/PROPERTY OWNERS 51 TIMES 2.5 RESIDENTS PER UNIT EQUALS 127.5 RESIDENTS RESIDENT 127.E TIMES .001 EQUALS .1275 TIMES 2.5 EQUALS NUMBER OF OFFICERS .318 *PER OFFICER COST OF $58,950 TIMES .318 OFFICERS RESULT $18,746 **VEHICLE COST IS NUMBER OF OFFICERS .318 TIMES .82 EQUALS .26 VEHICLES TIMES $44,440 RESULT$11,554 ADD OFFICER AND VEHICLE COST FOR TOTAL FISCAL IMPACT FOR THE POLICE DEPARTMENT WHICH IS ESTIMATED AT$30,300 COST REFERENCES *01/02 BUDGET YEAR NUMBERS SALARY & TIMES 02/03 C.O.L.A. OF 1.5% EQUALS 02/03 OFFICER OFFICERS AT $54,580 PER OFFICER (INCLUDES ERE) MENT OF 2428 PLUS 5% EQUALS 02/03 PER OFFICER EQUIPMENT COST OF COST OF $56,400. OFFICER EQUIP $ $2550. 950. TOTAL 02/03 PER OFFICER COST OF $58,950. **01/02 BUDGET YEAR NUMBERS & INSURANCE $4364 PER VEHICLE EQUALS $34,151 PER VEHICLE PLUS VEHICLE MAINTENANCE: GAS, TIRES, L.O.F.38,515OF40440 PLUS 5% EQUALS 02/03 VEHICLE COST $ , TOTAL 02/03 PER VEHICLE COST OF $40,440 I HAVE ADDED 5% PER YEAR FOR EQUIPMENT COSTS BASED ON A GENERAL UNDERSTANDING OF THE INCREASE OF THESE COSTS. TOWN OF ORS VALLEY DEPARTMENT QF PUBLIC WORKS INTEROFFICE MEMORANDUM TO: DAVID ANDREWS FROM: BILL JANSEN "J'e SUBJECT: FISCAL ANALYSIS FOR ANNEXIATION AREAS "C" & "1" DATE: SEPTEMBER 19, 2002 CC: DPW DIVISION MANAGERS Attached are the fiscal analysis for annexation areas "C" and "1" that you requested. If you have any questions, please contact me. `z ', so. A 1r •e +ter 3 L : tr o �rCj s 000NCv- oCCI i 1 I -i oo 1 ' fir; f ' i i IC � I i I CCCC � oca I l I f IC c' I r r`o r , -• I i { I r ; I _ - 1 I o �. I I ' cCCa3oiv- Ccc ' j oc'vlo c 1 I 4 �; o l 1 � i I ; I 1 I I Cr) I 1 1 I I oi ' 1 I I l 1 'o C C t- C - C O C I t' 1 G CD ( r C � -,----,--- C t �' Qj t-- Oc. 0 I R c 1 ' - o_ooCflovaoc v- I C CD C o X N 00 EA o Wo co' oo oocnNrooo ,roGr� o e' O .4' T N W �'- O~. o i i W co c CI) CO o • 000Coc0000 �; CN- o C O W W r O N: C �-- r •r4 � ,.3 : I- c S \ rN('J m t/) D "'1 -oO h O d Q O O O O+' - O c') O O O v. CO0 •` U. G. C o N rr Z �.= in , F- Z 4A 0 z Z4 W 0. - O 2 u. ' '> Oohicooc') 0•00 0N0 N r'1 p U. CO r p ti -!' re UJ CO 1 1- 0- -I t-- 5,,. ta v 0 Q Q o - 1 M O. oo0N0ti, 0CD. 0 0 N 0 ,-- N Z r o N: N COr 0 rJ , W V M u) J EL O 1- Z JCe Q Q Q Q 0 03 o' 5 CO V to W 0 a) W a� rJ u.z W m ! J_ Hi In w o E-- a. I- 1- >- ...,"-r.) co- CL 6 .....,_____.— .8-: . ...4., -6—.c--, s Q 0 wQ = 22c � a� a p � c� 1- cc X 0 s0 � aWW O E .....J a) 2ow0 Z � c� 0 0 c c c t W W > < ago -5w •a-c a > con G •C0O Q °, zQJ tuna) .- aa) om � ` Cr Wo F-. ,_ a. -- CL Q22 corxzccaCOncnw 0a- cn0ZM i-- U_ TO: David Andrews, Finance Director FROM: George Dunscomb, Magistrate DATE: September 11, 2002 RE: Fiscal Impact Analysis Area C and Area 1 Both areas are primarily residential and neither area has a major street running through it, and Area I is residential with few houses. Because there seems to be little to generate police activity 1 in those areas, at this time I can foresee no significant fiscal impact on the Court. -04 MEMORANDUM TO: DAVID ANDREWS, FINANCE DIRECTOR FROM: CHUCK SWEET, TOWN MANAGER DATE: 9/4/02 SU B3E . Proposed Annexation -� Area 3. Fiscal Impact Analysis . . - ' � nt increase in the operational or I do not anticipate any significant Manager cepa r�rnen� - �n the event personnel expenses for the Town be successful. the above referenced annexation area should OZ4J41"Ar ---- CHUCK SWEET TOWN MANAGER TC.) MEMORANDUM TO: David Andrews, Finance Director FROM: Kathryn Cuvelier, Town Clerk DATE: September 3, 2002 SUBJ: proposed Annexation — Area C Fiscal Impact Analysis Area I Fiscal Impact Analysis Area C 53 residential property owners Area 1 51 residential property owners Possible Home Occupations located in this area. Additional revenues would be Occupation Licenses. ($80 per license). However, the received for Home revenues are unknown at this time and I'm sure they would be minimal. Minimal additional Election costs would be incurred based on the amount of registered voters. Costs are unknown at this time. No additional costs to the Clerk's Office. F � , i "`JJ7 MEMORANDUM TO: Department Heads FROM: David Andrews, Finance ante Director DATE: September 3, 2002 n — Area Fiscal impact Analysis SUBJ: Proposed An nexat'o� estimates regarding the cost The purpose of this memorandum is to requestyour � p pdepartments for the proposed Annexation Area services to your respective of pursuant rsuant to the attached map. The area includes 51 property owners of which 31 are north of Lucero Road and is fully developed while the are south of Lucero Road. The northern portion 20 thern onion is zoned residential and primarily undeveloped. The northern sou p boundary of the annexation area is the existing town limits. Your estimates will be required no later than September 17, 2002. Please call me ifY ou have any questions. CC: Chuck Sweet, Town Manager Jeff Weir, Economic Development Administrator Melody Niese, Management & Budget Analyst g Scott Nelson, Special Projects Coordinator / J )frrt / iirN^ CA)1 ,61 t (/1 b�l 4111..1111111,111., COUNCIL COMMUNICATION TOWN OF ORO VALLEYMEETING DATE: December 4, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Robert Conant, Planner II SUBJECT: CONTINUED PUBLIC HEARING—ORDINANCE (0) 02-24, OV9-01-06, PLANNING RESOURCES, REPRESENTING AJS PROPERTIES LLC, REQUESTS A REZONING FROM R1-144 (RESIDENTIAL WITH 144,000 S. F. LOT MINIMUM) TO R1-7 (RESIDENTIAL WITH 7,000 S. F. LOT MINIMUM) FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF LA CANADA DRIVE AND TANGERINE ROAD, PARCELS 224-070-010 AND 224- 070-020 OWNERSHIP: AJS Properties LLC 905 W. Calle Cataninos Tucson, AZ 85704 AGENT: Carl Winters, Principal Planning Resources 270 North Church Ave. Tucson, AZ 85701 Fax 628-7637 PETITIONER'S PROPOSED USE AND STATED REASON FOR THE REQUEST: The applicant states that the rezoning would allow the development of 160 single-family lots on 72.84 acres consistent with the General Plan. BACKGROUND: This item was continued from the Town Council meeting of November 6, 2002. For detailed information concerning this project, please see the attached September 18, 2002 and November 6, 2002 staff reports. SUMMARY: At the November 6, 2002 Town Council meeting, the issue of compatibly with surrounding properties was raised. The following maps have been developed to illustrate the context of the proposal and are attached to this report: • An aerial photo showing the site as existing. • The surrounding zoning. • The land use designation of the site per the 1996 General Plan. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 • The proposed General Plan 2020 land use designation for the site. The requested zoning is in conformance with the 1996 General Plan and the proposed 2020 plan. • Grading methods (mass vs. custom) utilized on the surrounding properties. • Densities of the surrounding properties as built. ECONOMIC IMPACT ANALYSIS: Town Council also requested an evaluation of the economic impact of development at R1-144 vs. R1-7 (see Exhibit B attached). RECOMMENDATION: Staff recommends that the Town Council approve OV9-01-06, rezoning 72.84 acres located on the southwest corner of Tangerine Road and La Canada Drive from R1-144 to R1-7, subject to the conditions listed in Exhibit «A„ SUGGESTED MOTIONS: The following motion was moved by Vice Mayor Johnson and seconded by Councilman Wolff, prior to adopting a motion to continue the motion and ordinance to the Council's regular meeting of December 4, 2002. The motion is as follows: Move to approve Ordinance No. (0) 02-24, OV9-01-06, rezoning 72.84 acres located on the southwest corner of Tangerine Road and La Canada Drive from R1-144 to R1-7, subject to the conditions listed in Exhibit "A"with the following changes: Exhibit A number 6 amended to read "Screen walls shall be constructed within 30 days of site grading around the entire perimeter of the development where applicable". Add number 11 vi. (c) "The developer will provide in-lieu fees (as approved by the Town Engineer) to the Town representing the costs of the improvements specified above with the timing of the improvements to be determined by the Town Engineer and the developer. Add a condition to the plan to restrict the number of lots to not exceed 160. The trail will extend to Tangerine Road. All perimeter homes will be restricted to one story with a height of 18-feet maximum. Attachments: 1. Ordinance (0) 02-24 2. Exhibit A Planninrr Zonin:0 inistrator 3. Staff Report September 18, 2002 4. Staff Report November 6, 2002 5. Exhbit B Economic Analysis ity Deve ment Director Town Manager ORDNINANCE NO. (0) 02-24 AN ORDINANCE AMENDING THE TOWN OF ORO VALLEY ZONING MAP BY REZONING THE PROPERTY LOCATED ON THE SOUTHWEST CORNER OF TANGERINE ROAD AND LA CANADA DRIVE WHICH WAS PREVIOUSLY ZONED R1-144 (SINGLE FAMILY RESIDENTIAL)TO ORO VALLEY R1-7 (SINGLE FAMILY RESIDENTIAL)AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH WHEREAS, that certain real property located on the southwest corner of Tangerine Road and La Canada Drive, containing 72.84 acres and further described by the map attached to and made part of this Ordinance, is currently zoned R1-144 in the Town of Oro Valley; and WHEREAS, an application requesting that the property be rezoned to Oro Valley R1-7 has been filed with the Town; and WHEREAS, the Planning and Zoning Commission,having considered said application and request at a duly noticed public hearing in accordance with State Statue, and having made its recommendation to the Town Council; and WHEREAS, the Oro Valley Town Council has considered the requested rezoning at a duly noticed public hearing and finds it is consistent with the Town's General Plan and Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1: That certain real property located on the southwest corner of Tangerine Road and La Canada Drive and further described by the map attached to and made part of this Ordinance is hereby rezoned to R1-7 (Single Family Residential) subject to those conditions, stipulations,plan for development and all other conditions of approval as specified in Exhibit"A" attached hereto. SECTION 2: That all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict. SECTION 3: That this ordinance and the various parts thereof are hereby declared to be severable. If any section, sub-section, sentence, clause, word or phrase of this ordinance is, for any reason,held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 4th day of December, 2002. ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney EXHIBIT "A" CONDITIONS OF APPROVAL OV9-01-06 1. All Standard Conditions for Non-PAD Rezonings must be adhered to (attached). 2. All right-of-way dedication required on the subject parcel by the Town of Oro Valley for La Canada Drive give and Tangerine Road shall be provided by the applicant as a condition of rezoning. 3. The developer shall pay in lieu fees for bicycle and sidewalk improvements along Tangerine Road and La Canada Drive. 4. Lots abutting Copper Ridge II shall have an 80-foot rear yard setback. 5. Lots abutting Copper Ridge II and Mira Vista shall be limited to 18-feet in height and single story. 6. The screen wall along the western property line shall be constructed within 30 days of site grading. 7. The applicant/developer shall pay an in-lieu fee for the construction of a right turn lane on south sound La Canada Drive at the Silverleaf Drive median break, if determined necessary by the Town Engineer. 8. OVZCR Section 3-104(B)(9) show typical section of existing and proposed streets. Provide dimension for existing La Canada Drive right-of-way width. 9. Clarify the Q100's at the south property line for the main wash at CP-1; this flow does not match Site Analysis. 10. Exhibit II E-4 clarify the Q100's at the south property line for the main wash at CP-1. 11. In lieu of providing a traffic impact report,the project will be responsible for the following traffic improvements: i. Offsite improvements will be required on La Canada Drive and Tangerine Road at the access points. Improvements such as left turn lanes and deceleration lanes are expected. Design shall be in conformance with Pima County design guidelines. ii. Along La Canada Drive,provide a deceleration lane continuous between the two access points. iii. Provide a left turn lane for northbound traffic on La Canada Drive entering north access point. iv. The most southerly access on La Canada Drive shall be right-in/right-out. A median break will not be installed during our La Canada Drive project. v. Access on to Tangerine Road is temporary. In the future if Tangerine Road becomes a controlled access highway, access will be to a frontage road. vi. On Tangerine Road, provide 3-lane section improvements beginning at the end of the Town of Oro Valley's improvements and ending at the west property line then tapering to the existing street section. Include the following: a. Provide a deceleration lane for east bound traffic on Tangerine Road at northwest access point. b. Provide a left turn lane for west bound traffic on Tangerine Road at northwest access point. vii. These conditions shall be conditions of rezoning. ORO VALLEY PLANNING AND ZONING DEPARTMENT STANDARD CONDITIONS FOR NON-P.A.D. REZONINGS ,ompletion of the following requirements irements for a rezoningordinance within the time frame specified herein from the q date of approval by the Town Council: 1. Submittal of a complete hydraulic and hydrologic drainage report. a developmentplan and/or recordation of a final plat as determined necessary by the appropriate 2. Approval of Town Departments. 3. A suitable arrangement with Pima County Health Department or Pima County Wastewater Management for sewage disposal. 4. Recording a covenant holding the Town of Oro Valley harmless in the event of flooding. 5. Provisions of development-related assurances as required by the appropriate Town Departments. Recordinga covenant to remove onlythat vegetation that is necessary for building pads and accessory uses and 6. the necessaryroads and driveways and to salvage all healthy Palo Verde,Mesquite, Ironwood, Saguaros, and y Barrel Cacti for on-site landscaping purposes. 7. Recording anyother development-related covenants as determined necessary by the appropriate Town Departments. Roads shall be constructed in conformance with the Town of Oro Valley standards. 9. Landscaping to consist of low water use and low pollen-producing vegetation. 10. Adherence to the Tentative Development Plan approved by the Oro Valley Town Council. 11. Significant change to the Tentative Development Plan or conditions of rezoning, as defined by Section 3- B 104 shall require re-review by the Planning Commission and Town Council in accordance with Chapter 3 � )� of the Oro Valley Zoning Code Revised. 12. The relocation and/or extension of utilities pursuant to the development or redevelopment of the subject parcel will be at no cost to the Town of Oro Valley. 13. Dedication ofp ublic rights-of-way through plat recordation in accordance with current Town ordinances. 14. PostingDevelopmentOpportunity O ortunity Assessments (DOAs) in an approved form as determined necessary by the appropriate Town Departments. 15. Submittal of a traffic impact analysis in accordance with Section 9-110(N), unless modified by the Town Engineer and Zoning Administrator. 16. Completion of the requirements for a zoning ordinance within two (2) years from the date of approval by the p Town Council. If the specified time frame is not met and no extension is granted this conditional approval shall lapse. 17. All conditions which require revisions to the Tentative Development Plan and/or site analysis must be completed prior to the Town Council Public Hearing. Rev. 11-29-89 2-21-89 1-31-90 3-28-90 4-16-90 5-13-94 Adopted by Mayor and Council Resolution(R) 90-21 May 2, 1990 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 18, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: Robert Conant, Planner II SUBJECT: PUBLIC HEARING—ORDINANCE (0) 02- , OV9-01-06, PLANNING RESOURCES REPRESENTING AJS PROPERTIES LLC, REQUEST A REZONING FROM R1-144 (RESIDENTIAL WITH 144,000 S. F. LOT MINIMUM) TO R1-7 (RESIDENTIAL WITH 7,000 S. F. LOT MINIMUM) FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF LA CANADA DRIVE AND TANGERINE ROAD, PARCELS 224-070-010 AND 224-070-020 OWNERSHIP: AJS Properties LLC 905 W. Calle Cataninos Tucson, AZ 85704 AGENT: Carl Winters, Principal Planning Resources 270 North Church Ave. Tucson, AZ 85701 Fax 628-7637 PETITIONER'S PROPOSED USE AND STATED REASON FOR THE REQUEST: The applicant states that the rezoning would allow the development of 160 single-family lots on the 72.84 acres consistent with the General Plan. BACKGROUND: The applicant proposes to develop 72.84 acres with 160 single-family lots and recreation areas. The property is located on the southwest corner of Tangerine Road and La Canada Drive. Currently, the property is undisturbed desert with a major wash (Loma de Oro Wash) bisecting the property from the northeast to southwest. The topography of the site is relatively flat, with an average cross slope of approximately 5.9%. Vegetation on the site includes Palo Verde-Cacti Mixed Scrub series of the Arizona Upland Subdivision of the Sonoran Desert. Mesquite, Palo Verde, Barrel Cactus, Cholla and Saguaro are found on the site. SURROUNDING LAND USES: Zoning Land Use North R1-144 Residential South R1-7, PAD Residential East R-4, R-6, C-1 Residential/Post Office West R1-10, R1-7 Residential TOWN OF ORO VALLEY ZOUNCIL COMMUNICATION Page 2 of 7 SITE ANALYSIS REVIEW AND DISCUSSION OF LAND USE PROPOSAL: Compatibility with Surrounding Land Uses: The applicant has requested R1-7 zoning with a minimum lot size of 7,000 square feet. The proposed density of 2.2 DU/Ac is in line with the zoning of surrounding properties. The surrounding properties; however, have developed at less density than underling zoning for example; Mira Vista is zoned R1-10 but average lot size is 13,000 square feet and Copper Ridge II is zoned R1-7 with average lot sizes of 15,000 square feet. The lots abutting the western boundary have been designed to match in width the lots in the adjacent subdivisions. Tentative Development Plan: The Tentative Development Plan (TDP) submitted for the site is in general conformance with the requirements of the Riparian Habitat Protection Overlay District, the Tangerine Corridor Overlay District (TRCOD) and other provisions of the OVZCR. The project is also in conformance with the property development standards for R1- 7 and has followed the Town of Oro Valley's Design Guidelines. The Design Guidelines will be reviewed in further detail at the time the project is platted and review of residential architecture is required. Development in the area between the washes will require a 404 permit from the Army Corps of Engineers, in -)rder to cross the wash. The area has significant vegetation and will either need to be preserved in place or mitigated. Tangerine Corridor Overlay District: The project complies with the guidelines of the Tangerine Corridor Overlay District (TRCOD). The maximum building height within 100-feet of Tangerine Road will be 18-feet, which is in conformance with TRCOD. The applicant has provided the five (5') foot screen wall and fifty(50') foot buffer area required by TRCOD. Riparian Habitat Overlay District: The TDP for the project respects the protected riparian habitat as common space, to be maintained and protected by the homeowners' association. Topography Impacts: The site is relatively flat with an average cross slope of 5.9%. Approximately 66% (49 acres) of the site will be graded and disturbed for development. Wildlife and Vegetation Impacts: Currently, there is little evidence of endangered wildlife habitat in the project area. A letter from the Arizona Jame and Fish Department has been included in the site analysis report. The applicant has conducted a cactus ferruginous pygmy owl survey in the area and the result was negative. A final survey will be required prior to issuance of a grading permit. TOWN OF ORO VALLEY OUNCIL COMMUNICATION Page 3 of 7 Buffer Plan and Viewshed Impacts: bufferyards shown for all sides of the project are in conformance with the requirements of the zoning code. The p J The sitep lan shows the details of the different buffer yards required between different adjoining uses on all sides of the development. All structures within 100 feet of Tangerine Road shall not exceed 18-feet in height per TRCOD. Given the relativelyflat topographyof the site the development of the property should not impair the views of the single- family residences in Mira Vista or Copper Ridge II. The property rises from east to west and the Mira Vista and pp Copper Ridge II subdivisions sit somewhat higher than this property. Traffic Impacts: Access to the subdivision will be at two access points along La Canada Drive and one access from Tangerine Road. Offsite improvements will include widening and additional turn lanes along both La Canada Drive and Tangerine Road. The south east entrance along La Canada Drive will provide right-in/right-out access only. The connection to Glover Road is of concern to some of the neighbors; however, the connection is needed for traffic circulation through the site and for emergency access by Police and Fire. The Town Engineer requires he connection as part of roadway plan for the area. Presently there are discussions ensuing with the Town Engineer, as to how best to safely make to connection to Glover Road. Grading Impacts: Thero'J ect is a mass-graded subdivision located on the southwest side of Tangerine Road at La Canada Drive. putilities A t e 2 Permit will be required to construct pads, roadways, and drainage structures for the type Grading development of the site. Drainage: The existing drainage patterns atterns will be maintained. The subdivision will be split by a wash flowing across the g project from northeast to southwest. Detention will be provided by detention basins. A floodplain Use Permit will be required to construct drainage structures at the edge of floodplain and a street crossing in a minor wash. Drainage will outlet from the development within the existing natural wash. Sewer Impacts: The site will be served by public sewers and connection will be made to an existing 8-inch main in Glover Road. A letter from Pima County Wastewater Management is included in the site analysis report, stating that there is capacity in the existing mains to serve this project. lecreation and Trails Impacts: Per the OVZCR, the applicant is required to provide 2.8 acres (one acre per 85 dwelling units) of recreation area. The applicant is proposing to provide sufficient area in easily accessible locations. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 4 of 7 Water Impacts: The Oro Valley Water Utility will serve the project and information on water impacts has been included in the site analysis report. The average daily demand will be 137 gallons per person per day and the total demand will be 90,000 gallons per day. The developer will be required to pay for the infrastructure improvements to the existing inline water system to the proposed development. GENERAL PLAN CONFORMANCE: Staff has evaluated this rezoning proposal against the General Plan Land Use Plan and Policies, and finds that the proposal conforms to the General Plan goals and policies as follows: Land Use: The General Plan land use map designates this property as Medium Density Residential. As stated in the General Plan, Medium Density Residential—"this designation is where typical single-family detached, townhouse, or patio home development is suitable, ranging from 2.1 to 5.0 dwelling units per acre. These areas should be located with proximity to schools, shopping, and employment and will utilize a discontinuous street hierarchy to discourage through traffic." The proposed density is 2.2 dwelling units per acre. Policy 1.1B: "Promote clustering (average density) developments to protect environmentally sensitive areas." Policy 1.1C: "Clusters should be encouraged for this preservation of significant, passive use, natural open space within residential neighborhoods." The proposed project is located near Copper Creek Elementary School, Wilson Middle School and Iron Wood High School. Shopping is in close proximity, employment; however, is located further from the development along Oracle Road or elsewhere in Pima County. The project is not clustered in the true sense, but does arrange lots in such a manner that preserves and protects the sensitive riparian areas and preserving most of the significant vegetation. The developer is integrating natural open space within the development to promote openness. Natural Resources Conservation: The goal of this policy is to protect the Planning Area's natural attributes. Policy 8.1G states that"indigenous (native desert) vegetation and riparian habitats should be maintained and enhanced where possible." The applicant has provided a fifteen foot apron along the wash to protect the riparian areas and bufferyard that will preserve some of the natural vegetation. This is discussed in further detail under the Site Analysis Review Section. Policy 1.2E: "Locate higher density land uses and transportation dependent uses near major transportation corridors." La Canada Drive from Naranja Drive to Tangerine Road is planned to be a four lane divided arterial and Tangerine Road from La Canada Drive east will also be a four lane divided arterial. No construction dates have been established for either project. TOWN OF ORO VALLEY ZOUNCIL COMMUNICATION Page 5 of 7 Circulation/Transportation: General Plan policy 2.1D to "build sidewalks and provide other specific provisions for safe and convenient use....by bicyclist and pedestrians" is complied with by the provision of sidewalks along both sides of the streets. Economic Development: Policy 3.1F, to "maintain and enhance [the Town's] residential/recreation character" is promoted by this residential subdivision. The project includes both passive and active recreation within the project. Public Facilities and Services: The proposed plan complies with the goal to "ensure that adequate public facilities and services are provided when needed." The major service providers have no objection to this rezoning. Parks, Open Space and Recreation: In regard to the goal "to develop a comprehensive and connected parks, open space and trails system", this plan is not adjacent to designated Pima County or Oro Valley parks and trails. Policy 6.2B states that"open space preservation shall be used as a criterion in deciding the approval or denial of land use rezoning proposals." This proposal preserves 12.7 acres of undisturbed open space consisting of riparian habitat that is part of a major wash traversing the area and provides a trail in the wash from north to south. '2ultural and Historic Resources: Policy 10.2A requires "cultural resource surveys for all new developments where evidence of cultural/archaeological resources is found." The site has been surveyed for any protected cultural or historic resources and there was no evidence of any such resource on the property. A letter(included in the site analysis report) from the Arizona State Museum indicates that there is insufficient evidence of archaeological sites within the area. NOTIFICATION: All property owners within 600 feet have been notified of the proposed rezoning and the property was posted in accordance with State Statue and the OVZCR. A neighborhood meeting was held on July 10, 2002. Public comment was received at the August 6th Planning and Zoning Commission meeting and the minutes are attached to this report. PLANNING AND ZONING COMMISSION ACTON: The Planning and Zoning Commission heard this item on June 18 and August 6, 2002. The following motion was adopted by the Commission on 6-0 vote: Move to recommend approval to the Town Council of OV9-01-06, rezoning 72.84 acres located on the southwest corner of Tangerine Road and La Canada Drive from R1-144 to R1-7, subject to the conditions listed in Exhibit A and B attached herewith and the following added conditions, that the lots abutting La Canada Drive and Tangerine Road which includes lots 1-7, 22-30, 82-83 and 99-103 may have a lot size of a minimum of 7,000 square feet, all other lots to be a minimum of 10,000 square feet. The connection to Glover Road be severed and an alternate circulation plan is provided that will connect the western portion of the development to La Canada Drive. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 6 of 7 The following comments address the Commission's motion: a. All conditions listed in Exhibits A and B approved by the Commission have either been acknowledged as notes on the TDP or designed into the plan. b. Lot areas reflect the Commission's concerns, except where abutting the north/south road connecting to Glover Road. A condition has been added in Exhibit A which addresses the requirement to increase the lot areas per the Commission's recommendation. c. Both staff and the applicant contend that the connection to Glover is necessary. As to using Glover as a short cut to Naranja Drive, the project has been designed with traffic calming measures and it will be easier for traffic to exit onto Tangerine Road and then left on La Canada Drive to head south, rather then traverse the neighborhoods to the west. RECOMMENDATION: The Planning and Zoning Commission and staff recommend that the Town Council approve OV9-01-06, rezoning 72.84 acres located on the southwest corner of Tangerine Road and La Canada Drive from R1-144 to R1-7, subject to the conditions listed in Exhibit "A". ►SUGGESTED MOTIONS: The Town Council may wish to consider one of the following motions: I move to approve Ordinance (0) 02- , OV9-01-06, rezoning 72.84 acres located on the southwest corner of Tangerine Road and La Canada Drive from R1-144 to R1-7 subj ect to the conditions listed in Exhibit "A" attached herewith. OR I move to approve Ordinance (0) 02 , OV9-01-06, rezoning 72.84 acres located on the southwest corner of Tangerine Road and La Canada Drive from R1-144 to R1-7 subject to the conditions listed in Exhibit "A" attached herewith and the following added conditions: OR I move to deny Ordinance (0) 02 , OV9-01-06 rezoning 72.84 acres located on the southwest corner of Tangerine Road and La Canada Drive from R1-144 to R1-7 finding that: . TOWN OF ORO VALLEY ;OUNCIL COMMUNICATION Page 7 of 7 Attachments: 1. Ordinance (0) 02- 2. Exhibit A 3. Site Analysis 4. Tentative Development Plan Planning and Zoning Administrator Community Development Director Town Manager TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 6, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Robert Conant, Planner II SUBJECT: PUBLIC HEARING— ORDINANCE (0) 02- , OV9-01-06, PLANNING RESOURCES, REPRESENTING AJS PROPERTIES LLC, REQUESTS A REZONING FROM R1-144 (RESIDENTIAL WITH 144,000 S. F. LOT MINIMUM) TO R1-7 (RESIDENTIAL WITH 7,000 S. F. LOT MINIMUM) FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF LA CANADA DRIVE AND TANGERINE ROAD, PARCELS 224-070-010 AND 224-070-020 OWNERSHIP: AJS Properties LLC 905 W. Calle Cataninos Tucson, AZ 85704 AGENT: Carl Winters, Principal Planning Resources 270 North Church Ave. Tucson, AZ 85701 Fax 628-7637 PETITIONER'S PROPOSED USE AND STATED REASON FOR THE REQUEST: The applicant states that the rezoning would allow the development of 160 single-family lots on 72.84 acres consistent with the General Plan. BACKGROUND: This item was continued from the Town Council meeting of September 18, 2002. For detailed information concerning this project, please see the attached September 18, 2002 staff report. SUMMARY: At the September 18, 2002 Town Council meeting, several issues were raised concerning this project. The following is a list of issues and the corresponding changes made to resolve them: 1. Access to Glover Road should be removed. The access to Glover Road has been eliminated. 2. An access should be provided to La Canada Drive from the western portion of the project. A second wash crossing has been shown on the Tentative Development Plan,providing access to La Canada Drive. TOWN OF ORO VALLEY 'OUNCIL COMMUNICATION Page 2 of 3 3. Average lot sizes are 10,000 square feet. The Planning Commission has recommended that certain lots within the subdivision be a minimum of 10,000 square feet. The lot sizes within the project as reflected on the Tentative Development Plan, average 10,000 square feet. The perimeter lots are in excess of 10,000 square feet, and the interior lots range from 7,000 square feet to 10,000 square feet which provides for the average of]0,000 square feet. 4. Lots abutting Copper Ridge II should have an 80-foot rear yard setback and the units should be limited to 18-feet and single story. The Tentative Development Plan reflects an 80 foot rear yard setback from Copper Ridge II. Notes indicate that these lots will be limited to single story houses with a maximum height of 18 feet. 5. Houses abutting Mira Vista should also be limited to 18-feet and single story. A new general note on the Tentative Development Plan also limits the lots abutting Mira Vista to single story houses with at maximum height of 18 feet. 6. The screening wall along the west property line will be installed within 30 days of site grading. The applicant has agreed and a condition reflects that the screen wall along the western property line will be installed within 30 days of site grading. A note will be added to the Tentative Development Plan and subsequently to the Preliminary and Final Plats. 7. Town Council directed the applicant to contact the Amphitheater School District and discuss school impacts. The applicant has contacted the District, as of the writing of this report no conclusion has been reached. The applicant continues to meet with the district and it is hoped that the applicant will have reached a conclusion by the time of the Town Council meeting. Correspondence from Amphi School District with staff indicates the following as related to this rezoning: Students Generated Capacity Cumulative Enrollment by this Rezoning with this proposal Copper Creek 73 1200 990 Wilson 42 800 940 Ironwood 23 2200 1217 The items listed above have been added as conditions in Exhibit B attached to this report. TOWN OF ORO VALLEY _OUNCIL COMMUNICATION Page 3 of 3 RECOMMENDATION: and staff recommend that the Town Council approve OV9-01-06, The Planning and Zoning Commission rezoning 72.84 acres located on the southwest corner of Tangerine Road and La Canada Drive from R1-144 to R 1-7 subject to the conditions listed in Exhibit"A" and"B". SUGGESTED MOTIONS: The Town Council maywish to consider one of the following motions: I move to approve Ordinance (0) 02- OV9-01-06, rezoning 72.84 acres located on the southwest corner of Tangerine Road and La Canada Drive from R1-144 to R1-7, subj ect to the conditions listed in Exhibits "A" and "B" attached herewith. OR I move to approve Ordinance (0) 02- OV9-01-06, rezoning 72.84 acres located on the southwest corner of Tangerine Road and La Canada Drive from R1-144 to R1-7, subj ect to the conditions listed in Exhibits "A" and "B" attached herewith and the following added conditions: OR OV9-O l-06 rezoning move to deny Ordinance (0) 02- 72.84 acres located on the southwest corner of Tangerine Road and La Canada Drive from R1-144 to R1-7 finding that: Attachments: 1. Ordinance (0) 02- 2. Exhibits A and B 3. Staff Report September 18, 2002 4. Revised Tentative Development Plan Planning and Zoning Administrator Community Development Director Town Manager z -I > 'O rn a -I -I L < -a so C < n 0 o — 00 0 30 = dal a rt ; < <73 N d 0 w 'a p o = p d o 0 In, I'D IVA X a rA p n c A rn � A a = a -1C -aV) O. 17 'flW O 0 -I -I Z O 01 1.4 Di (A d al = 00- 0 _ 0 Ocl (Dd 3 s1 at =. n = d �. A '� 73 a ro _ _ �• aa' 5 A 3. d 0 rn Ti 4, = p rn o d N < a* -n 0 — = as a -i — m s Io _ -, = rn A. _. rt re as t0 ? 0 <' fl'as 3it o O ax 0 rr* -' 'fl A 3 Z s> 0 d O c 70 IA' Ot in rd ai al rt al al A = = z- p' a a 0 l r N rt UI -v = °t 0e° = na0' �' � + = tn3 A OAU. 3 = 0 inID0 = o 0 = in -4 (1 3 c 0 = o a A _ PP30 rtp� `" -, = a d o = 2 M = = -I 3 'v p el 0 3 CO p N 0i A m B mr, ft rn V �, PP d 0 < o o s In rt 0 O o.a A O < na c d n n rn C. a rt d -4 r° a a = 'a a, rt = eo H vi rt Z In ..1 > ID 0 X V o c3rt � 3 = Cr. 0 _ In = et = rt= AlID 'O = rt _ p . 0 O p n = 0_ c _. = 70 n .� _ 0 Io A ' — to O' ''•' (n _. R) ° Z'_ re = = d _ �+ 0 _ F o rn " p M = m. A A 0 ni = _ 6 d c n v R0 000 a, _ — n rt Or fin, a-1 = 3a I o0 0 a. rt 3. = d 17/ (0) a43 c a y `� n) a, d 4' A a d 70 a'CI °o LI = c� 4 0 70 ea diit A. -O a1 O -al a < 0C t al 74 C -I IA N p cr O O C c r Ian in�. _ C ep rt N b ed t0 IO A in O O IoM. rt� eort in a= 03 0I 73 0 rn .12 4 7 ID I 40- Oo W 40 �' a r40 in 1,J CO cm ON a) i W 'A i Qf 0 C N 7i C) F,, 0 ` V1 �I 1-+ V� Vt �P F+ l..1 OVO 1 t W � I� �A h+ W O 0 0 0 s, 4 r..N1 .!3% 00 0101 UI tOH44.WNI-.V V 00 OO � W NO !-+ 04. 01 %0 Os O 00 CO 03 VO 4► V 0 0 l t l' ' N 0 V VJ U1 0 V V � to 0, � ( O 1/1 011`+ � W WNV10 00 04.. 0t .1:. 00S0000 V1 V100 N 0 7 40 N W40 0 =CD 40 4. Rs Oo N in to Dm O WN vV► 40. W OD kL N `O at o O 0O1 a tib 4,40 , + 0xi Nti N INJ 0 0DVN VN1-1 t) a Vt�+W0 V 071 NCO S 0 0 O O 00 \I 0 VI F+ CO N O N N W 00 t0 O N 41. O N V1 00 Os 0 O y 01 ‘CS 0t0N0CI .1a OO UlV03 ri0U) 00 OOV . VIWWOO 00 00000 00000 V1 V100 UI w N N -IAAAAAAA > rn -0a rnrnrnrn Z0 .T1 > > 1/1 O = _ _ _ _ _ _ < O M 101 'CI H = _ = c O OA 10 H = 0)0 al 0 ID ID 01 I ID AI d 01 = = al al Ai a1 _. V1 H In .4 ID p raf rt rt rt F. ID N H sA H d c d I 01 CD < _. N -1 -I -1 -1 - p to In in CD "; ;; dddd > 0 0000 0 n -..O DI O o a1 01 01 III M ID AI ID 40-p+. -O... -py.-O+.-.. -O".-.. UI I = Ot C C C O C 0 a= ( IA �iR 40 iA i� i� ID 0 0 a ff U f _ 0 O rt V01-+. N• ~ W � �" rtrtrtrt 0 3 In e� O0 . W1•' V1V1W n 3 3 -. -• -• -• '0g -i _. V N VI O N W � V al 0 O 3 3 3 3 O = 0 ai O46OOO41WCIN V1 = x @rt A 0 e0 O g a x IA V V W 'O IV 00 40 = UI (0 In H 3, A 'CI � ID 113 I 'p O O W1:4- 40-iA- e� 0 O ep O O = p W N F+N -e C '' i/I~ iR'' i '' O - V7 V7 ID 0 rt m. Z X1.+ 1-+ F+ 1.+ Cr. II � = OovV ffn 0 _ _ 0 rP 0000000 M 3 OO .Oi, � � � n rt e* a1 O' a in tzi aN aa0 > � o < w d = v In rt 0 = A Q M y000D ID u) lye 10 ro v n INn m s m — x Is "*1 Cd 00.0.00.(000.1 CO N = �' 0 H 3 < UUd 1311< mCL i'< o rn Cc °' c = cdcd m = .. til at al al =01 C = A AI rt rt rt al r* a► N rt• 0. 0 O O ' O = _ = O 0 O < _ O 10 _ _ _ (7 C 0. ea < _ 0.1 op N .7 c V O N __� _ _ _-`'- _ _ - - r ln - - / ' - _rTL � | ~ /^ _ ._ r a — — ` / i �- |` — � - i _—� — - -_ ^ �— \ | E. . E . | | | ) l _ ..... L \ ) m \ � \ l ,--- ii i 1 ] � �` ^ | ( ,- --- / -- � / ' ' - / ' ' T. ;.,:-.,:l..........,....--,....... � ` � __ ~- _ - ,/ N . '| Ce ( . ~ _ r�`�`=~�r-��z�"==r,-- --===-m �==��' Q i 0 ! : , 1 , i , : ,, I , ... . ' '-, ,. ', i - 7-- :/ / 1:- -� -- ° ' L1 , _ , , , ,•,. :, r -,..; ! _, 1 - ...,;, - ._,....._.; ,.- . ! , : . :, , --,,,,,,- ,,--- .,...-- ."-__;.____,,,. f / ' . : i : i / ' m — " � � ___ _- ++~' � � _ 1 'k.'77.7"23:::t7;14:'74,,,r.it;'ii',.iie:" ., ... 0 1%1) ' i : ' ' ' ! ''t' , , ,1,. '', ' ,._;....--. '.---,' Or,'''',''/1;,,,,('?:4''''?',,',,t''.,tlt---.... ......s......... -:''. _ - _ 1 CD CD . O CD � co = M CD V/ el 0 _ 3 133 x to r,,, , ...,... • . l'\ \(1�,m ' >"'0 i 1. I-II-I-I-4-4 1 T : , \41 s 0,,,,, i ii i _ ---cg,...f4,11 ) e ' / i t rII��, Cl -r--, )(\ 1 i r ./L 1 'Y "._04.-T4, -/I 1 ! , --s? . 1 0 - 1- I- t *.......:.: m 1 () \* ItEl' , .1.--,i- i'''',, i i ..-1 1 • ' .I- 2,-. ' ; .1-- i:::-.0‘; '..r.'-.'IN '.1. is, / I • a. / . -1. .„oio-4,„- 4.. ''''j i 4' '-t3Z rr .) • ;' •%W Q l '"1 C ,o 1 V/\ `� p• PAF / l %. / %^7 3.../4. / r T E< rnti --w-rl D I il 'I. \ ' , i \ \ / Ei' / \ ' 1 I ".s.,1 w j r A f II J n N 7 r J_ r <ca o aa.«<�D , ! v f v► fD �p Z �p_ _.a.. _ 1.1 1i�rLa,lr �Q o 0 .I. i=1'D H �• O cu ,ot :k ' a i m cf,. -;),° r ! t 1 C !r I ( ' in r O g i I -- 0VOVNV3V"1N \ I1I ' ` MI Iz I I rFtoR0Cx 'Ple ' /I- m _ .4, y 7C [ 't 1.1� .7f I I I l ; � r r3. o _,7� I �T rtirt-rn Lf 4 '"-- . --1.. -11 1-16-1-2.,r j /I't _ i-11 -- , { I 1O;I F � - I - -_1/`..' . -} l• kCQp ! : --al' -4- -t - ---I -; I V.) .I..•''' RA,p i i/rt\\- ..-, , .... .L.L4-- _--.:..4 p_,.1 m ---. -.A -- it-m,. ..t.Ti Lti 1 ii--,k.wY *,--. I t. pi-L-..- - 1 1-i ,,-4_ ,..,.. - - 'r\,\ .. ` .,Qj I . ' 1- s•r /-/ / f '.'•*A"U.O a .:_, 1) 0V9- 01 -06 REZONING RQUES Parcels 224 - 070 - 010 and 114 - 0 Citi i 0z0 L - tli 01 tIt - tll }\I011 i , bil"'"'—`7,..„ „is ..,(, , ,,,,,,,\ ;,,,,„,i,,,,,„4„,..,:-.-„,...„ / .4„-. .... .,,_ ,,,,......._., -7..,:.-4,. )./4, 1, itioA :,,,,_---10-1 -7.-Iiifsfarict-tiN.‘ `74-7tWiliFia7,1 1 .'/-•\`( -', .--</A-1,,, --f;s-)R -_.* - , .." ,— - (), , __ , 1 t s_j__ . ....., , L__,_. �„,,. . _ .,'' 7'. - ,,.'7"--(417°` 4 ki,,,,'V\--E—':I_ s- \ �,-)i -J 1 ),,,,s'IT.krip4111! (� 1.:_ C' �, `; -., ,e-,. ..c-%_,_,,,,-----,-------..-• 1 1 1 ..,j --. --,, s-f,, i.„ ; 11., t. . - ' I. t'"', _ i.' E-2 - ..-. i e-3----1,-..','' 01- (...1-7k '1” , 42.'r-' -'-'s'-'-'-,,,,------,-----';N\,j C I •''''; -,,.1-C- I. i i'77-7s--: .-- -' ,'---i ':.CNI. -1/4i, • ---..-- 4 ,, `-�. T , t i -- --,....,-- ---7-...)7----:. �� , _.< . _.�.—.lf� v ' -..„. ir.- .." ---,.... k 1\r„- „.„ 1 ,,),,,,,. ,,,,,,,D, i ,,, ......, -7., ..-/,,,t ..,4„-----ftil I/ -7--J-417-4.,---7-1--„, ,,-7,,',-..„,,- ,,,---4i. , ,, :::„„,. -4i, i.,/ ./....„,) 'a .),.._::::_r:-----.4p,..` ,,______,„ I `rte .,-! 'i L-.7,\ , r ! ' ,-may .J... r...�t. ' ,. ,��, ', -- --' 4r,: -- _, .i_ , ` , ( , "__ 5�(. ,f,; -- k j:"^ ri -\''s' ,, F , ''''''1--1 �. ; '''''''41:-''' ''.:7' `- �,�,.�\ � -1::(---J-_,;.-7-,,,,71114.16... - �• .•..fr " 1. ` 1 Aj \ls4 _ r\''-ic, i,, .s, / , \ I f i_i,---=',-k--1/4 , —\7_, — ; . \ , -s, . _____.--- ,/,- _..--,--r.0 .*AI‘ ' --,„', 1 \ ))i-1/_„.,/ i 1 1, 1,L-1---,-t--,"'N,_,-.'"--,S,..° '' 4,______, --> ----.::,, .--_, ?,' `-'-',..,t1. ,,v_s.:. lillki:' ‘)----' '...,,-7..."/1::\---4-2:AT ‘ ,- i ii-----------'::-.,',\\,... *it'll "---- ,--/ '\., F • t . -.7-1r--------,-- --- \ ___-..) I I'i (,,,r-l-"---.,__---,7;-------\',\,,,,,,L.„...:4%,....z.,;.:---)'''''—''-..,,:-_,,----.. \--,\.-, -\.....---- „,..--;.-11. ii,...c. < _ „. .,- - '1....:1::::\ (---7,...„„\-,.....:_,":,------.4 1_,..\ ,,,,\"\-:--:----.._-4 ,2_>\--, ---- . ‘,......\\ ,\\ , ----,„..,,\ \\.,,,)' —`,---,\V"--...,f f\ I.) ',.. \\.\---, P----"'"-'xr--- fr,_ ,...._ ss..„ \ - . --.1\,.., .,.,__) . ..,.. ..1...k:.i_...-- _..-3-1:,,z__ ,....„.....„.„,,,....:\,, s....,_ (.,.5-,-,,....2. 2,);,--- ., ._...,,,—.5-I, _,, , \) ~..,_— _-,5\y, --;...-,.."— --Tili,e--,--1:-.;p4I 1 . -')- ' -->* ' ' " ,3\s'\:(\517..---.......A' 41 ''' :,,p.,.' \ '''',,,' ,N NI'•-----------_--- 7,/>: ,.„._,, tl,,__. LL,1' 1 ,.,, ,.i-L • ..f�.t/�J(f--. �� csd `^jf r'- &',,,r_.,,---1 f J„..,--..., �. }s- \ � _ .. re i '".�; t ;t� S; V ''�� -----------.*,/ 04, s - d �.r----' ti�.�4`� �ter- .� , t .,/1/7"" '--� • �L--) � `'ti � �'il p _...,L1/MT.... � :�k •_:_____...__ � j, {.,-.v tom;, t 1 ,• �. ._-... ..-.. _ �. �..�,,.. `�-.... ) / f _ -.- -,,f, .^ ',TM t`"� ‘ `\ C,1_._. ~`'tet `i 1 �r� tk: - , l , ‘-/ 1. • '-'. .``.--, \r-------; _.../4 ' .- le'c-4_.I L1:-.) / ' ... '"I`tc. / ,/. /.' - _„_,t:/.._,,,-Al....-;4_/".' Ct' ,,', - ---, , ' li.w*.. 1,. _ aliC-4—v... • ---:--1 ,A.,‘ I T y 'i -‘y,,-,.\;,./... . _-,---t---,:— .---.... I. ---;_.1..�..�'`�=�'� c', �,- ._ tI�-_mss, , rte► -�... .-�.- f . ;,,r.. , L -- ,, , ��.'- `� - r ?�` \..,,:-- - i c,z1/4./ \ " -t,,k' t,,.. ,):. . r�'_; ;1,.. • ✓ ,, - '' ,� .�, res i� . . ,. -.../. /...,-,---,\,..,,F,. , ,....-----.: rt— i If ''''' -hi; '1.:-- /' ''''' " // ' ' . ---' r. 1 e_ i' '-4 / "' '^- .N-/ .' ' ''.4 —/ ‘-\.-..- - --/ ,, /....7..r. , j ..., , ,.,., ,, c. ,, .;_,,...„--,.....7.,•4,,,...,400-•_ ___„r_,N„\_-7,--„„—..,a a?,,,,,,„c„,,,,,.f.• t ,cf.---_, ...,i,.._.,0, ,a , ,\--\rc,, ,,,, li ,,, •,. ,,,,' i ,,,._J, {.) pt .. , . ,.., .., _ --,• •.,, t-.. ,• ! L. i,"i _ ..„___ _.., • .„, . .."-- •\\_, \ ,,,,,., <- , _ •...,,, 11 cs...). • _ -- •,,, ___-- . ,.• --7,-./ • ,_ ....__ ,.....-i i j,, 1 --u.,..-5"--11 1- 1$11i,..._;-,,....,,'",-..147:„-. 1.._„..,.) ' ', L. . . ._1,.-- -f'-' _/ j .,.` 1 i t r 1 N f '7L21,4* --L.-,..) ( i.j ) 0 . " il., -i-r:iit-sAhcr- --,4;.W ,,,, _ n' ,(_—___.-t,41c)_ ; , \\, 1 .------ ....„......, vfi . , /7-2 ,-,,Ac„,-,.. (7.-----...„,......_,, � F �P---',V` "�-,`'1,_, � � / I• -2,3 � , 1 � , ,,,,j, � � 1x "'.f` ,. E 1--N ..-4 ' ''' r— \--<',V, , , .r:._1- . :;\-\,,,,.. ' s' -. ,....--- , . ,,,, , .! -.. 't°*:- il \ .'?"\•_ f.,,,-, .,i_ \`) 1 • .... , ._:),,L>,, —�._—-_—,r_. .. ..Jz�� 3.61. s'--,---- 1.1 r1/ I i ,S F( I 1, ---- -.4 . :.', .,,,,:,,,,, ,,,--,,,,,___.-,.:.--.,-,..:,_:.4.-„,,,,,,,,.4.,,,,,_..,_, :1_ gowevi,-;.,,,-;.::;--4..ti;;;-------.-:-.;::'-.f-0,--, -- ----- : .,''- -',.,,--:1:-Y,.--4- - ---- - ' ---- ' ---'- ' - ..,. ,,,..„.....,„:„.:..:_,4,,,,,,,,,,,,,evi.--.74.4-,,,,,„--,*-.,:-„„:-..-..,.',---. c .N.,,,,...e.„,..,,..,,,,,...z.,-t.,,:....,.... . . .-2.1: 1.....„'„,-., 1.,.,..,,_,.:,....,:,...,...,__, :,,.„J..„,,„.,,, co .,,_ a_ ' ' , ._, -if., .,-...-, 1,,..., ..... co >` c _ - _ .MC) �. V , , 0 CD g I I - 01 •n , 4 r t' i',t.'2':•';;::,:;• -''''''—: —4.1.14411111--H HH:--- 77 '-'''': 1 s U Q .i Q v k C 1+03 r ;,t N 4 • l _i i ,_ t ter^• q a � '� yi ' ,..' .*.', /ar,“...• '.. ,. : .. 7 ,4,f1, ro.a ' • ,.,,a,-:::;N-,7-11. ...."--,-,-..--7;„g,...7,,,,-- ‘,-,-,....,_ A. 1..,... ,_,,- -,---..,.. . . . ...,_,..,..- . — _, r...,,,,t , . / ..„ , ,. . dlr,04..,„,.. . , ,, , ...„ , _ ,.. „s4. • '"-7,1- . ... !A14.- ----.'i- '-'-' Vil4 '•`,..• ;Pi ; • . -,.. :....... fr.-.. -„ ,- it. '14,' V ii"- `r,at "_`*"`rid" x'.' +s ce• .. t .- X. -,°` _ (�. . 1:. '.. .',,,, •a.sit,„.---4. e,,,,t..,_,...Se'yYf s. 777 y V:lia�j�'','�,-; �,7 :� .4►•� •i+ ,i;�3-.e�.' F' _ ,r - -E,N:,, ... ----- •- ,,...'_--.7,.....- .4,z'*...--w-i L. .,-t- .r.,(AS-".' ..- - 4..., ',look-wt..._ ___ .., . , , ..,, _. -4 c.I; -I! . - __...._�,��_ + ,„ . .�. , rq •-' 4` .i_, T 1,',...., �' ,� a _ - _ 1 �i ,y,,, SSS !----%-z.;•,- >` T t i - ?Oynr ti,.._ - .y jar•- iii -. ir-►4r,! • i�r _4 �'. ,-,r--, -i ., • ,,.>~--- ..;+ - - e -__ «_ • •S4 r�d6` ......:� { '~,"r �' y'i 6""- i / - .i c'Ib , / .`--'•�- t '�' _-, }I �t- .7 '11 1 4 ', l. , . it-, r' .•�..T.,A'` ; .r .f,' ' _ j ... -,` �` , T-. ... 1 •` ..Lisa�4..iA 44.tf{ ..., -�; Y.``+.'.r.-•-ta- :mss_. —4 - - L.•.•r: . . I ° • .-- -- -, ,. -Alia' -. 4; '-- t-' -.--*••4 ''' -- .r C lb 9 ;^ie, L II•�,--.'rte `- . ,s • __•''X w r",a. '• "a 't ...3•1 • r ,-...,_ —.:.; t.i.,--71,10t7' ,7•—---- •w,,,,,. . ..i...;-',-...,-4.....;- --,•:--,;-•-•,,,---...,---.d't #fir,' ,j. � .. *'tri►.'.� •,-...--..---------------:,----.� -'.:,'�,�., z',`,r` a o 1,i Re'. s < .�- T# .4 1F t ,:•:41,..!' s y. -.--`- r- 1 -t.♦ _� �. .. _ a�.,. • �1. .,. ,'*+l.' .......4'.`;,-...�w 1 ,°:�. _.--`",--.•?: - '+}� a ♦ II ' - ,.."'•,- 4.1.-... --J..=- - '•'''....:4.-:, " • ,,r-4---,--,,-„---,%.---,jv i 11411 M. r t •" 'H; '-' '.►yam" ' J, -.:. -4-I_ - �j -f-'....:, �'- • y' • z •'',.....*.• `y 3�h �� $i' a]�r J! '''','--?-1,f 3 •M! 1 ,,+'z.«•'-r- ra y< r. `D Vis, `'r, _ - .w•• - • .. - — �. ... may- '!�. r. _ + • __ ... i v, • f • - - -._:-.. — C •,....-•*, ,,• •,..-,,, , -. ••••-,..-.....,..Z.1_1-`1_,. .. ...-1., . '—1„,1/4..,.... . .. „..„-ic.„...,,-_-,„....• ..•,,.. - _ .4,;,,,,i,„;„. 14 .--.,,,::..,,.-4,t,''.;-..44.4,' � - rrr `. ',4,-4 Y' , : ,a.ar .« _ , -, fir'✓ ;',':-.7.•'-'-' .7.•-' 1 .'J• --q-:-...-.'',` t ** ' , Ni..... - '— ''''''"-• --'-','-':...ilk' ••• --.7*--4-4 ' . ' '•,t.:„•.;•.-.t-„",--:„-''-,.-.,-:::.-,'3:' ,.:-::,,..—.....4-.::-,_.,,--,,,,,,„,,...'.,.,,l'n.a::":,i-t.•1.-..:,,..4.,....- -[•..-•7,„1_:.-•_- .. :...'• I7F—.r..%,:a4_”-:A1-.4,i ... •': -vmay. .„.'.'F'',,.... ..,.'1''''''41;.•,.e1--17:5-•`---;.--.•,;.:,--.-417'4-;'':.•:•,'''•.:7','-".;'-•.,•;.*,•:-.--_"'-,.:f.W,—-,-,,1 yJ-...!._.t.—."-.,"7-*cv,,,,.-,-..,'''„..y',.. -,.,,,----•.1.-.,-1,!.14'—,,,,--,-'-,,..-.•/:1,...1,1_,_riv.i.l..'f..",:..f:. ` ;, . ' 01 ':tai' At `:3, •v'.- - .`�.-k::-.'.1.'•�*' '-. ,,,;i' �:,� '-'-;---:;,i •�"j�i s .Z.4,-,74"..I,Z,-",-...•r ,�°F - _- ..,'f.• '. :.. - l >'+. - � _'+:=" t •..,Z','^',,,,,,,w•,, `a` ' .•r t . +a.,+ r • -F. t - �, • f a`s r ø:- � •4�i M.a .ST. -' ��' •n_ ,..,�tF i • � ., 7-7::+s.:1i,,.� - �.,�• �" 4 It .1 j ,.., 1 - • _ r _ 'I.; • - S. 14 .� • S°.' �;aG- r• ,�L=,_i. ' ♦�-� o - < __ .•; t•y' a a+ 4�' ..e.13..� . t • • •+a'es_�,- ,, :-.„-i,.., ,,,;,!,,,,;,-;...<1,-.. --".,',4,-..-:k :, �;. 4,--', -- - a,.,,.Ira _ 5 .zy 1 i ,, •YI ,, • • .ats^ ti :�':4A-7,1 r ,. _ .- :.y- r r �''✓�•i � '�,,,.�'"ate""• , '�' 'p ` .. ' ,;• S- 'a. ,�`:, t`y„ --,,i-,:-:-.; •r�„�e,,,,t. �. i. ri�3 : ► s' I '_ 1:.r,/�: ''^t ,4 ',:•_-,...-,-:4,.....44,-. rte. • -7,....-_,,,,.• Lr.�T'1 Add 'o 'tnal Materials ITE 12-4-02 Meeting October 4, 2002 Town Council of Oro Valley 11000 N. La Canada Dr. Oro Valley, AZ 85737 Dear Council: Our communities of Lomas De Oro and the residents to the west and south of the have expressed an interest in becoming a part subdivision of Oro Valley. This interest is p sparked by a desire improvements receive storm water drainage and road that have town officials. We would also like to limit the town's uses on the been discussed with land if they acquire largeopen of the o en areas in the proposed annexation area. We these issues covered in a pre-annexation agreement. If a pre-annexation would like agreement were acceptable to the town council we would compile the specifics and have the Oro Valley town attorney draft these into an agreement. 0.1! A,: Th, you, eith Copeland •.......- ..........-...---..-.--.-- -----.-. , • ; • T Frequency 1 . 1 • " — — ,..... I. 1. 1 o 0 toe CD 1\) .0hh 0) CD CD e ) c.. .< 1 , , 7 3 u r) i 76\ .r •.. ...,3 . .. ..........••••••,..,i•l.•',,.......•..............**..............I.. I 6>) er) 1 L tiOr s Z 1 7,0 WI klfr) WI .-. •-• ra MI • o • • ID . . CDOt 41, . :•... ,.., = I • kOein .•..• ;,. IMMO a A) . M t 1 I k., , , _. ._. ,•...— = I-- ?.5 0 a i i 6>) ...1 1 CD Q(9,1 . •. . N 0 • , . . ._..•.,, CD 0 ,>, ,6co co la ki,?3 , _.. :,-..._.,..c u-, CD tw, ..... i cix• 1 M L.,91 cs, „ • ......, ‘.../1 C . Irr) 0 1 t.ez 1 VL? i 0,1 tier) 1 Irt5. 1 ii 6>) 1 1 t., , . 1 Irc9 . Or) • i . 0 i 0 I i I i . I- TOWN OF ORO VALLEY 8 COUNCIL COMMUNICATION MEETING DATE: December 4, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Direction to Budget and Bond Committee for Development of Town Revenue Plan SUMMARY: On August 3, 2002 the Oro Valley Town Council held a Study Session/Retreat with the Town Manager to discuss various topics and plans of action for implementation over the next year. An g outcome of that meeting was for the Budget and Bond Committee to develop a Town revenue plan prior to the FY 2003/04 budget (on or before March 1, 2003). Please refer to the attached process minutes from the retreat for specific Town Council comments. The Budget and Bond Committee held its regular quarterly meeting on October 28, 2002. One of the g items on their agenda was discussion regarding the revenue plan. The Committee discussed various scenarios for the formulation of thep lan. The Committee is excited to proceed with this opportunity. However, after much deliberation, the Committee voted unanimously for an official request from the Town Council for the development of a Town revenue plan. The Committee is looking for specific direction regarding the scope of work and what the expectation is of the end product. g g The itemyou have beforeyou this eveningis that request for formal action to the Budget and Bond Committee. A copy of tax research that was presented to the committee is also included with this communication. ATTACHMENTS: 1. Exhibit A— Menu of Revenue Enhancement Options 2. Minutes of the August 3 Town Council Study Session/Retreat (pages 2 and 4) 3. Budget and Bond Communication, October 28, 2002 with Attachments TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 SUGGESTED MOTION: I move to direct the Budget and Bond Committee to develop a Town Revenue Plan. The scope of work for this plan should include those options identified in Exhibit A Or cv2i( David L. Andrews Finance Direct• C � Chuck Swe-t Town Manager Exhibit A Menu of Revenue Enhancement Options • Sales tax rate increase and/or • Sales tax on additional items currently not taxed and/or • Franchise agreements with utilities and/or • Primary Property Tax and/or • Secondary Property Tax (May only be used to pay principal and interest on bonds) and/or Valley Town 8/3/02 Oro�> Council 2002 Retreat/Study Session 2 Plan of Action after final Fall implementation of 2002 Plan of Action 6 months o Reviewp Retreat. _ _ ( . _ ORO VALLEY—BEDROOM COMMUNITY OR NOT? 77 - • If maintain Oro Valley as a bedroom community may have to choose a property tax to pay for town expenses. for +� Existing commercial uses should not be rezoned to residential so opportunities revenue streams for the town are not depleted. • in Pinal County will affect Oro Valley services. The impact of the development1 • Town should be set up for full service to support parks and technologica . businesses. • Provide jobs and businesses for residents to reduce miles of travel to their places of employment and keep revenue in the Town. ORO VALLEY -- SELF-SUFFICIENT OR NOT? -4 Look• closelyand re-evaluate the Town's revenue sources. • operating ' fiscal policy,how much is maintained in contingency, p g • Look at Town's &maintenance costs, and 1 time costs. that in services does • Important to make sure growth not exceed the revenues to enc funds. • Obtaining funds for development of the Nara3 pay for those services. Cannot continue to dip into contingency n�a Town site will have to be with a the voters to see what they want,or develop in stages as bond election. Go to - costs of this project. to. Need to plan for on-going operational P Town can afford BOW IS ORO VALLEY GOING TO PROTECT THE ENVIRONMENT (BUYING OF OPEN SPACE)? Plan of Action—AdoptOpen Space Preservation/Acquisition Plan properties• Listingng of desired (January 2003) o Funding sources (construction tax increase) o Implementation of Plan PROMOTING HIGH-END TECHNOLOGICAL INDUSTRIES AND Hl GH-END RETAIL • Partner with businesses. • Promote ourselves with thepersonal ersonal touch. Don't rely on GTEC. • Economic times dictate development.constructed this will lead to retail and future • Once hospital is con businesses, 1ON APPOINTMENT PROCESS BOA.RD�CGMMISSfor this process addressing: Town Manager Chuck Sweet reviewed his recommendations • Advertising • Application 8/3 /02 Oro Valley Town Council 2002 Retreat/Study Session 4 Jr 4 Work with District,Board & staff. Plan of Action - ' on to Amphi School Board. Appoint Council Member as LiarsP o Appoi .7� r NCHISE FEES/SALES AND BOND \\\\, RE�'EN 1JElI� FOR TOWNCO►l�'I�IITTEE ROLE FINANCING ALTERNATIVES PROJECTSs revenues such as enacting a i is it time to look at ways to increase the To utilitywn'tax or franchise fees? _ for 1�a�ran�a Town site to identify • Bond Committee in financing . involve Budget &B• Corporation (MPC). financing instead of Municipal Property rp other types of fin g Plan of Action ion to develop revenue plan for Budget & � Give Bond Committee direct B gBud et rocess. Town of oro Valley prior to FY 03/04 g P SERVICES; CURRENT AND FUTURE MANPOWER •DEVELOPMENTDevelo mens? fit underp Do Library Parks and still Community • Anti cep ate futureneeds and address in 03/04 Budget. t. • Discuss at Council/Department Head Retreat in October. FITS/CAFETE HEALTHH BENE RIA PLAN Plan of Action stand? o Look at Benefit Plan; where does Town o Include Arizona State Retirement System sooner. on Plan e outside consultant to perform analysis sis of Compensa� o lir (February 2003). A ten minute break was taken at 2:15 p.m.to 2:25 p.m. MANAGER'S GOALS FOR 2403 the next year: TOWN Manager to focus on for five items were listed for the Town The following - off courses ASAP. 1. Effluent—resources to get thus to g 2. Community Development—improve customer service. 3. Facility needs for the future. 4. Compensation Plan. space acquisition. accomplished and job 5. �� what has been • 1 status reports on what is coming up, schedule or Weekly _on schdule,ahead of� bine schedules for jobs status including behind schedule. TOWN OF ORO VALLEY 8 3UDGET & BOND COMMITTEE MEETING DATE: October 28, 2002 COMMUNICATION TO: Budget & Bond Committee Members FROM: David L. Andrews, Finance Director SUBJECT: FY 2003/04 Town Revenue Plan SUMMARY: On August 3, 2002 the Oro Valley Town Council held a Study Session/Retreat with the Town Manager to discuss various topics and plans of action for implementation over the next year. An g outcome of that meeting and the purpose of this agenda item is for the Budget and Bond Committee to developa Town Revenue Plan prior to the FY 2003/04 budget process (on or before March 1, 2003). This plan should address the Town's overall revenue sources as well as financing mechanisms for development of the Naranja Town Site. Please refer to the attached minutes from the retreat for specific Town Council comments. ANALYSIS: The Town's FY 2002/03 revenue budget is $41,698,000 and is primarily composed of the following ,come sources: Other Sources $3,654,000 Local Sales Taxes 8.8% $6,282,000 Building Permit 15.1% Fees $1,729,000 4.1% State Shared Revenues $9,249,000 Roadway Grants 22.2% $10,060,000 24.1% Roadway/Water Water Utility Impact Fees Revenues $2,261,000 $8,463,000 5.4% 20.3% TOWN OF ORO VALLEY 3UDG ET & BOND COMMITTEE Page 2 of 4 COMMUNICATION Therima operating funds of the Town are the General Fund (general services), Highway Fund p ry p g Public Trans ortation (Coyote Run van services) and the Oro Valley Water Utility Fund. (roadways), p Staff recommends that the Budget & Bond Committee's focus be on the first three funds because the water utilityis self-sustainingas an enterprise fund and the Water Utility Commission is responsible for its oversight. The combined FY 2002/03 budget for these three funds is $19,575,000: State/Federal Pima County Charges for Grants Library District Services $502,000 $437,000 $660,000 Other 0 2.6% 2.2% 3.4% $716,000 Building Permit 3.7% Fees Local Sales $1,729,000 Taxes 8.8% $6,282,000 32.1% State Shared Revenues $9,249,000 47.2% As indicated, local sales taxes and state shared revenues comprise approximately 79.3% of these revenues. State shared revenues (sales, income, vehicle registration, gas tax, and lottery) are distributed to incorporated cities and towns by the State based on population. As such, Oro Valley has relatively little influence on distributions, other than its population. The primaryrevenue category that the Town can most directly control is local taxes, which include g ry local property I sales taxes, taxes, and franchise taxes. The following are some comments with regard to each revenue category. TOWN OF ORO VALLEY BUDGET & BOND COMMITTEE Page 3 of 4 COMMUNICATION Local Sales Taxes • Current rate is 2% • Model Citiesjurisdictions Tax Code allows to have some discretion in regard to the local taxation of certain goods and services • Changes require a public hearing and Town Council approval • Changes do not legally require voter approval Primary Property Taxes • Current rate is zero • May be used for general municipal purposes • voter approval for initial implementation at an election to be held on the third Tuesday Require pp p in May • Future increases are generally limited to 2% per year Secondary Property Taxes • Current rate is zero • Mayonlybe used to pay the principal and interest on bonds • Statutory process that must be followed for a bond election • Under Arizona law, general obligation bonds can be issued for general municipal purposes up to an amount not exceeding 6% of assessed valuation ($15.4M) • Additional general obligation bonds can be issued for specific services such as water, lighting, Additional g parksand recreational facilities upto an amount not exceeding 20% of assessed valuation and ($51.4M) Franchise Taxes • Allow utility companies to use public rights-of-way via franchise agreements p • Traditional fee is 2% of gross revenues • Consummation requires voter approval RECOMMENDATION: At this point, staff recommends review of the attached research materials and further direction and research in regard to this item. TOWN OF ORO VALLEY BUDGET & BOND COMMITTEE Page 4 of 4 COMMUNICATION ATTACHMENTS: 1. Minutes from August 3, 2002 Town Council Study Session/Retreat 2. Memorandum — Construction Sales Tax for Roadways 3. Arizona League of Cities and Towns — Revenue Sources pp.1 — 6.1 4. Arizona League of Cities and Towns — Bonding pp 7 — 8.1 5. Arizona League of Cities and Towns — Property Taxes pp 19 —21.1 6. Local Sales Tax Options Research SUGGESTED MOTION: N/A ._ .)2 David L. Andrews Finance Director • TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS INTEROFFICE MEMORANDUM TO: CHUCK SWEET, DAVID ANDREWS FROM: BILL JANSEN SUBJECT: CONSTRUCTION SALES TAX DATE: OCTOBER 7, 2002 Attached is a memorandum from Curt Lueck concerning the construction sales tax similar to that in effect in Marana and Sahuarita. As both the HURF funds and Townwide impact will either remain relatively constant as expected for the HURF or substantially decline as with the Townwide impact fees, a new source of highway funding is essential to support the Town's needs. As was pointed out at the recent TC study session on transportation, this tax would generate approximately $4 mil annually to the Town. 5780 West El Camino del Cerro Tucson,AZ 85745 520-743-8748 FAX 520-743-4210 Curtis Lueck&Associates MEMORANDUM To: Bill Jansen, P.E. Oro Valley Town Engineer From: Curtis C. Lueck, Ph.D., P.E.,AICP Principal Date: 10-2-2002 Subject: Construction Sales Tax COMMENTS Construction Sales Tax-What is it? This is merely aP n increase in municipal sales tax rate applied to the building materials used in contracted construction activities within a community. it applies to specific standard industrial code (SIC) businesses that contract or sell building-related services or goods. It does not appY l to individual consumer purchases at retail establishments. For a new home sellingfor $250,000, the tax would generate about $1675 per percent of construction sales tax. The tax would also apply to commercial construction as well as home improvements and repair projects. How is the tax implemented? The taxadoptedby is action of the city council, and does not require a vote of the that the total sales tax rate does not exceed any tax rate ceilings public. Always verify contained in municipal charter or similar commitments. How is the tax collected? Like any other sales tax, the construction sales tax is paid by the contractor to the state department of revenue each month. The state then disburses the money to the municipality. How is the Construction Sales Tax Revenue Earmarked? The construction sales tax should be earmarked for their intended use through an ordinance or resolution of the citycouncil. This will help assure that the money will accumulate and be available when needed. What can the construction sales tax be used for? It caan be used for purpose permitted by statute and state law. The construction Y sales tax can be used for transit, roads, right-of-way, maintenance, equipment, etc. without limitation. Who now uses a construction sales tax,and how has it worked for them? Marana and Sahuarita now have construction sales taxes at an additional 2% and 1% above their base sales tax, respectively. Both municipalities adopted the tax without any controversy. The construction sales proven has to be a reliable and substantial tax base for infrastructure projects. How much construction sales tax revenue could Oro Valley expect to generate? the experiences of other agencies indicate Oro Valley Preliminary estimates.based on p ' ' per year, which is about three times more than the could generate about $4 million current development impact o 'm act fee for roads. This is based on a 2/o construction sales tax increment. Other tax rates would provide proportional revenue. Ill .4\ Page 2 of 2 Curtis Lueck&Associates CHAPTER ONE BUDGET PREPARATION The first section of this chapter will list and explain the main revenue sources available to city and governments in Arizona. Secondly, the chapter will provide some suggestions about the town preliminary groundwork necessary to prepare a municipal budget. REVENUE SOURCES There are a varietyof funding sources available to units of local government. This section is divided into the revenue sources available from the Federal and State governments as well as the revenues which can be raised by the local government itself. State Shared Revenues Cities and towns in Arizona are fortunate to be involved in a fairly progressive State shared revenue programwhich passes through funds to Arizona municipalities from five State revenue sources. As a rule,municipalities in other States do not receive as great a share of State revenues. The following are sources of State shared revenue. • State Transaction Privilege Tax (Sales Tax). The current rate of the State sales tax is five percent. Cities and towns share in a portion of the collection total. A municipality receives its share of the State sales tax based on the relation of its population to the total population of all incorporated cities and towns in the State. Cities and towns may use either a certified 1995 special census population figure or, in lieu of a special census number, a July 1, 1995 DES p P P population estimate for the distribution from July 1, 1996 through June 30,2001. (A city or town may also choose to continue using their 1990 decennial census population figure). This money may expended ended for any municipal public purpose; outside of this stipulation, there is no P restriction on the expenditure of these revenues. The State sales tax revenues are distributed on a monthly basis. • State Income Tax. Although fluctuations in the percentage have occurred in the past,in FY 2000- 2001 theercenta e of the state income tax returned to cities and towns will be 15% again, the P 9 percentage a established by the original initiative. This money is distributed to a city or town based on itsP o ulation in relation to the total population of all incorporated cities and towns. 1995 p special census figures, July 1, 1995 DES population estimates or 1990 decennial census population figures are used for the calculation from July 1, 1996 to June 30, 2001. The urban P g revenue sharing moneyis distributed out of the income tax collections from two years prior to the fiscalyear in which the city or town receives these funds. There is no restriction on the that expenditure of urban revenue sharing funds, excepttheymust be expended for a municipal public purpose. Revenues from this source are distributed on a monthly basis. • Highway User Revenues. This revenue source is commonly referred to as the gasoline tax, g Y however,there are a number of additional transportation related fees including a portion of vehicle license taxes which are placed in the highway user revenue fund. Legislation adopted in 1996 simplified the distribution of these monies but did not negatively impact the amount of revenues that any city or town receives from this source. Cities and towns receive 27.5%of the highway user revenues. One-half of the monies which a city or town receives under this formula is distributed on the basis of the municipality's population in relation to the population of all incorporated cities and towns in the State. The remaining half of the highway user revenue monies is allocated on the basis of"county of origin"of gasoline sales and the relation of a municipality's 9 population to the o ulation of all incorporated cities and towns in the county. (The "county of origin" factor used in the formula is determined on the basis of the gasoline and other fuel sales in a county in relation to the sale of gasoline and other fuels in other counties in the State). The intent of the distribution formula is to spread a portion of the money across the State solely on the 1 (Rev. 12/00) the remainingmoney flows to those areas with the highest gasoline and basis of population while other fuel sales. 3% of the State portion of this fund is directed to cities with a population of over of the State portion is allocated to certain projects in Maricopa and Pima 300,000. Also, 6.36% Counties. There is a State constitutional restriction on the use of the highway user revenues which requires that these funds be used solelyfor street and highway purposes. Eligible expenditures would 9 include the cost of right-of-way acquisition, construction, reconstruction, maintenance, repair, of cityand town roads,streets and bridges and payment of the interest and roadside development principal on highway and street bonds. It is the opinion of the League General Counsel that the u use of these funds for street and highway purposes would include any construction or reconstruction occurringin the entire area defined as the public right-of-way. This would include specific activities such paving the of streets, construction of sidewalks, curbs, gutters, street lighting and placement of traffic signs. In 1999 a new law was passed that specifically prohibits the use of highway user revenues for the enforcement of traffic laws or the administration of traffic safety programs. At the same time a provision was added that gives the Auditor General the authority,if requested jointlegislative bythe le islative audit committee,to conduct performance audits of a city,town or countyreceiving highway user revenue fund monies to determine if the monies are being spent according to the constitutional and statutory provisions explained above. There is also a requirement statutoryuirement on the expenditure of highway user revenue by cities q with a population over 30,000 in Maricopa and Pima Counties. These cities are required to maintain expenditures of local revenue for streets at a level to be computed as an average of local funds expended forfour of the fiscal years 1981-1982 through 1985-1986. This any average expenditure of local revenues does not include distributions from the highway user revenue fund and the local transportation assistance fund. For the purposes of this calculation, the term"local revenues"is defined by reference to the definition contained in the Constitution for the expenditure limit on cities and towns (Article IX, Section 20,Arizona Constitution). Thus,for P example, bond funds expended for streets would not be included,while general fund expenditures would be included. For those cities your affected, our chief financial officer must certify that you have met the local effort your A copy of chief financial officer's certification must be sent to the Chief Financial p Officer of the State Department of Transportation at 206 S. 17`x'Avenue,Mail Drop 200B,Phoenix,AZ 85007 and filed before December 31,following the completion of each fiscal year. Failure to file will be considered noncompliance. The penalty for noncompliance with this requirement will be computed by subtracting the amount a city received in 1969-70 from the city's annual HURF distribution for the year of the violation. The resulting difference is the total amount to be deducted from future distributions. The penalty is applied to the monthly distributions for the fiscal year following the violation. A reduction of 1/12 of the penalty is applied to each of the city's monthly distributions. • Local Transportation Assistance Fund. This State shared revenue is generated by the State lottery. Distribution of the fund is based on population,with all cities and towns receiving at least $10,000. A minimum total distribution is guaranteed to cities and towns in the amount of$20.5 million for each fiscalyear.ear. This minimum distribution was established as a guaranteed general from the State fund. In addition, a maximum distribution of$23 million will be distributed to cities and towns if this amount is generated by the lottery. Eligible expenditures u of these funds would include street and highway projects for any construction or reconstruction in the public right-of-way as well as transit programs such as the purchase of buses. These funds, not be used for the purchase of police cars and other law enforcement equipment. however could Communities with a population of more than 300,000 must use this revenue for public transportation (mass transit)purposes, except for 10%which may be used as specified below. million amount,then 10%of the local transportation assistance fund If the fund does reach the$23 monies received by each community may be used for cultural,educational,historical,recreational or scientific facilities or programs. This portion of the lottery monies may also be used for g programs or services for non-residential outpatients who are developmentally disabled. However, before this p9 may percentage be spent,an equal match must be obtained from non-public monies. Y 2 (Rev. 12/00) which states that Attorney General has issued an opinion these 10% monies may be spent the monies are received(Attorney subsequentyears if you authorize the expenditure in the year � n and you in course,distributions from the fund must reach$23 million General Opinion R83-116}. Of c , to the non-public obtain a non-public match. Also, in regard match, the Attorney General the o inion that the match may not be in-kind. The match h must be made in cash. states in p towns to apply It is no longer necessary for cities and PP y each year to the Arizona Department of fund monies. The State Transportation in order to receive local transportation assistance the cityand town share of these monies as they receive t em. Treasurer s office distributes Secondary LTAF that is eligible to receive Secondary LTAF has been established revenue from the Powerball that deposits to the Beginning in FY 1997-98, after the state lottery director $21 lottery. g 9million, multistate lotterygame (Powerball)revenues have reached state general fund from LTAF from this source. a maximum of$18 million is to be paid to the secondary In 1998, legislation passed that added to this secondary LTAF (the source of the possible Powerball distributions). Additional funds are now put into this secondary LTAF based on the amount of the authorized share of federal Surface Transportation Program (STP)monies that go to the Arizona Department of Transportation. Each year the STP share is more than$42 million, p t hi hwa fund's vehicle license tax(vlt)allocation)an annual ADOT must distribute(from the state 9 y amount e ual to the difference between $42 million and the state's authorized share of the STP q monies to the secondary LTAF. distributed differently The monies in this secondary LTAF arethan the original LTAF. From thisccordin to the following matching fund ADOT will award grants to cities, towns and counties according requirements: MaricopaY 0 000 or more County, Pima County and cities with a population of 50,000 persons must provide a one to one match; for the other 13 counties and cities and towns with a population of less than 50,000persons ersons - a one to four match must be provided. All monies TAF can onl be used for public transit services,including operating awarded from the secondary L Y and capital purposes. a be approximately$10 million available annually in this grant program. It is expected that there may pP , on a program that will add some more matching money to this program. ADOT is also working P 9 Information about these grants and the application process will be available through the appropriate Council of Government(COG)or Metropolitan Planning Organization (MPO). • Vehicle Tax. Approximately twenty-two two p ercent of the revenues collected for the licensing License of motor vehicles is distributed to incorporated citiestowns. (Forty and ( y Percent of the total to the highway user revenue revenues from this source are distributed fund and four percent to the gcounty, this is actually a State fund.) While license fees are distributed by the on state highway revenue source. A city or town receives its share of the vehicle license tax collectionsbased incorporated population of the county. The individual counties its population in relation to the total P are in cg the method of distribution seems to vary with each county. only har e of distributing the vehicle license revenues, and The stipulation on the use of this revenue is that it must be expended for a public purpose. Reporting Annexations - For State Shared Revenue Purposes unit to obtain a certified population count In the past the Census Bureau has provided the opportunity the additional pThese counts could then be used to receive credit for for newly annexed areas.population forState shared revenue purposes. Beginning May 1, 1998,the Census Bureau has after the 2000 temporarily discontinued this program untilCensus. The exact date that this it will be sometime after the final program will be restarted is unknown at this point except that decennial census counts are obtained. 3 (Rev. 12/00) The Local Transportation Assistance Fund (LTAF) distribution uses a different population artment of U.S. Census Bureau number, an annually adjusted ep number. Instead of the cityor town needs to make sure that the Economic Security population estimate is used. A Council of Governments,whichpopulation represents the cities and towns in their region on the pop estirn ates committee, is fully aware of the annexation and gets it reflected in the population for money the LTAF monies and expenditure limitation purposes. Since the calculation of LTAF is done annually,the additional amount to reflect the annexation would not begin to be distributed until the first full fiscal year following annexation. bythe counties. It is suggested that individual cities and The vehicle license tax is distributed � e how their particular county towns check with their respective county treasurer to determine handle.,the distribution of revenue from this tax to reflect the annexation. Federal Revenues a number of programs which Federal government has curtailed had revenues available for cities and towns. The amount of Federal assistance, type of programs and the projects for which from other sources are constantly changing. Summarized below are the money can be expended the two general categories of Federal revenue sources which remain. grant program, in theory, is designed to fund various Federal • Block Grant Pro rams. A block P 9 programs within a broadly defined area. An example of a block grant program is the Community Development Block Grant program (CDBG). This particular block grant program of housing, public works and physical construction projects. is designed to fund a varlety to smaller cities and towns. portion of the CDBG program is directed Under this portion of thep 9 ro ram, the State allocates community development monies to cities and towns with populations of less than 50,000persons. towns This is not an entitlement program, cities and to must apply to receive these grants. In most areas, the council of governments receives the applications and determines the allocation from this program. grants aresial Federal appropriations of money to fund ec • Categorical Grants. Categorical special specificprojectsa Federal grant of a definite limitation and scope. For example, to fund the construction of a wastewater treatment facility would be a categorical grant, since the, construction of this facility would have the limited use and scope of"wastewater treatment. I awarded within a strict framework of Federal guidelines Categorical grants are usually s in this sin le purpose program. Cities and towns must meet specific guideline govern g 9 Federal money. Securing a Federal categorical grant also involves requirements to receive y competition between various levels of government. At one pointgrants were more prevalenthowever, this source of funding has become very limitedin recent , years. Local Revenue Sources to establish certain taxes for State law have the authority Arizona's cities and towns under purposes. In addition revenue to this power of taxation, there are a number of other fees and mechanisms available t o cities and towns to support local service programs. finance 4 (Rev. 12/97) s Property Tax. The property tax has been a traditional means of financing city and town services. While the importance of t property hetax has been decreasing in recent years due to source of local revenue for a increased revenues from excise taxes, it still is an importantmost stable the tax has also been one of the a�orit of Arizona cities and towns. The property times ex erienced m � y because it is not subject to the same fluctuations some P sources of revenue, with excise taxes. Beginning with the 1980 tax year, property tax levies were divided into a primary property tax p tax mayonly be levied to pay the levy and a secondary property tax levy. A secondary property purposes. res on bonds. The primary property tax levy is for all otherp p c principal and interest charges taxes, while there are strict limit,. There are no limits on the amount of secondary property in Chapter Two of tax. These limitations are discussed in detail placed on the primary property this manual. initiate a primaryproperty tax must submit the proposed amount Any city or town which wants to held on the third Tuesday in May. The to be raised from the tax to the voters at an election to be h te the base on which future limitations on levies will the voters will constitute amount approved by the cityor town council may levy the tax in the be determined. If the voters approve the levy, ediatel following the election. The city or town, however, is not required uired to levy fiscal year imm y all of the amount approved bythe voters in the first year. Caution should be exercisedin y not onl will it be used as the base for future limitations but establishing this base levy because also cities currently have no authority to override the limit once it is established. Procedures for establishing a primary property Two. tax are discussed in greater detail in Chapter The Property Tax Oversight Commission formed in 1988 to review the primary property tax countyand community college district in the State. The levy limitations of each city, town, � Tax Oversight Commission county assessor is required to transmit and certify to the Property values are sou y and the city or town council the values necessary to calculate the levy limit. Those to be transmitted on or before the tenth day of February (These values are to be used in • levylimit and the Truth in Taxation requirements). Each city calculating the property tax Property Tax Oversight Commission in writing within three days or town is required to notify the Prop Y If a cityreceives notification of a of its agreement or disagreement with the final levy limit. If the city g levy limit, the city has until October 1 to appeal to the Commission. violation of the e y continues to dispute the findings of the Commission afterthe hearing,it may appeal the decision to Superior Court within thirty days after the decision. A city or town that incorporates or annexes land must give proper notice before levying a property tax in the next fiscal year. State law requires that notice must be given to the Department of Revenue and the appp ro riate county assessor. A map showing the boundaries alongwith the report. This notice of the newly incorporated or annexed area should be included will be levied. must be given by November 1 of the year prior to the fiscal year when the tax • Local Transaction Privilege Tax (Sales Tax). In recent years, the local sales tax, as a means been increasingin importance. All incorporated cities and of financing municipal services,has sent) have a local sales tax. As the name implies, this is a tax on retail sales and towns presently • • • contracting. More than half of the cities and towns with a local sales tax other activities such as contras g from one percent to three percent. The higher. Rates range have set the rate at two percent or gR S. 9-240(B)(18)(a). A city or town law authorityfor a local sales tax is contained in A § tax doesn State tax through adoption of an ordinance. The initiation of this a may establish a local sales 9 to a vote of the people in the community. However, there are a not have to be submitted r number of charter cities with charter provisions requiring voter approval to increase the sales tax above p join the sales tax collection system administeredby a s ecified limit. Cities and towns adopting a local sales tax maynt the State by entering into an intergovernmental agreeme Under the system,the local sales tax is collected by the State with the Department of Revenue. Y The local sales tax collections are Department of Revenue at the same time the State sales tax is collected._ ercent of the then returned to the city or town. Approximately eighty ive p municipalities are in the State collection system. 5 (Rev. 12/00) which imposea local sales tax have adopted the model All of the cities and towns in the state city tax code with various options. In order to keep taxpayers up to date on what a particular city either taxes or exempts, we have prepared re ared a document which consists of a master o odel cit tax code with both model options and local options displayed P Y ed within version of the m y ' options each particular city or town has chosen and a the code, a chart displaying whichP howin other specific information pertaining to each city and town. This document section s g office; the chargeon December 31, 1999 was $30 for the first is available from the League ear for quarterly updates. The model city tax code is also available on the year and $25/y Internet at www.modelcitytaxcode.orq. was created by the The Municipal Tax Code CommissionState Legislature during the 1988 legislative session to act as a forum for discussion of all changes to the model city tax code. the commission at least 60 days code must be submitted to All changes to the model city tax city prior to anytaking action to change their code. The commission can hold hearings and must approve any changes before n anycity/town may make changes to its code and any n es a roved by thecommission must be adopted by each city/town/town council. Changes cha g pp in sales tax rates or adoption of model citytax code local or model options do not have to e � n within ten da s after council reviewed, but such changes must be filed with the commission Y action. All correspondence should be sent to: Cities Program Liaison, Arizona Department of Revenue, 1600 West Monroe, Phoenix,Arizona 85007. A Guide for Amending Your Tax Code has been prepared and appears as Appendix L of this Manual. • Business License Tax. The general law authority for a city or town to initiate a local sales tax is the same authority which allows a municipality to place a license tax on professions, occupations or businesses within the community. The State law stipulates that a business for the period of one year and may not be less than ten dollars license tax can only be issued nor more not necessarily five thousand dollars. However, charter cities are subject to this stipulation. Most cities and towns in Arizona have a business license tax structure of Y some type. There have been, traditionally, two means of levying these taxes on local quarterly businesses-a flat rate charge on a uarterl or annual basis or a flat rate charge based on t rossproceeds of sales. While most cities and towns have this type of tax, it has not the g p been an important source of revenue. The tax has been used primarily as a means o f regulating businesses within the community. town which had a population in excess of 100,000 by the most As of April 1, 1990, a city or recent decennial census cannot increase business license taxes or fees on "hospitality a corresponding equal dollar increase in the business license industry businesses"withoutP town. "Hospitality industry fees imposed on all other businesses in the city or P tax or P r hotel, motel, liquorstore,grocery store,convenience businesses" means a restaurant, bar, to include rental car recreational vehicle park. This definition was amended in 1991 store or county stadium district which has imposed a car rental surcharge companies locatedwithinacou y in accordance with A.R.S. § 48-4234. (A.R.S. § 9-500.06) in Arizona are given exclusive control over all rights-of-way • Franchise Tax. Cities and towns municipality to grant This exclusive control enables the p ty . . dedicated to the municipality. the or town's streets in the distribution of utility franchise agreements to utilitiesusing city services. As an example, many cities and towns in Arizona haVe granted franchises to placegas lines underground within the public right-of-way. n natural gas companies to r conjunction with this franchise, a franchise tax can be charged by the municipality. While 1 there is no specific amount or limitation in State law,the traditional amount for a franchise tax proceeds from the sale of utility services within the city or has been two percent of the gross town. To grant a franchise,the municipality must place the question before the voters of the e to law also limits the term of a franchise agreement to community for approval. State maximum of twenty-five years. 6 (Rev. 12/00) • Use Tax. Another revenue source which is being used more in recent years is the use tax. Essentially, a use tax is an excise tax on the use or consumption of tangible personal property that is purchased without payment of a municipal tax to any city or town. In other words, it is a mechanism property for taxing which cannot be taxed using a local sales tax since the purchase was made outside the boundaries of the municipality where the personal property is used. The use tax if enacted, is part of the model tax code discussed above. , ' s and towns have adopted a bed tax in addition to their local sales • Bed Tax. A number of cities tax. A bed tax is a special excise tax on hotel and motel room rentals. Increases in the bed of more than 100,000 by the most recent decennial tax rate by cities which had a population ensus aregoverned by A.R.S. § 9-500.06 which specifies how the proceeds from such c 9 increases must be used. • Magistrate Court Fines. Another revenue source for Arizona cities and towns is the money magistrate court. Specifically, this revenue would come from from fines paid to themunicipal traffic violations and other fines paid for the violation of municipal ordinances. The courts, counties, cities and towns have the authority to contract with the Motor Vehicle Division to require payment of traffic is fines, sanctions and penalties that total in excess of $200 prior to a g the renewal of automobile registrations but, as of July 1, 1996, the Supreme Court and the Motor Vehicle Division were still working out the details of this program. • User Fees. User fees are collected from municipal residents for the use of certain city and town facilities or services. Examples of user fees would include the amounts charged to use lightingcity in or town parks or fees charged for the use of the sewer system. considering a rate increase for water and sewer service are required NOTE: Cities and towns co 9 increase, to give at least 30 days to prepare a written report or supply data supporting the rate P P n notice of a rate increase and hold a public hearing on the proposal. A copy of the written available to the public and must be filed in the clerk's office at least 30 report or data must be must be published one days before the public hearing. Also, a copy of the notice of intention Y time in a newspaper ofgeneral eneral circulation within the city or town at least 20 days before the public hearing date. A rate increase may be adopted by ordinance or resolution and becomes effective thirty days after adoption. (A.R.S. § 9-511.01) • Permit Fees. Revenues from this source would include the fees collected from building permits, zoning permits and a variety of other programs. 6.1 (Rev. 11/96) Bonding definitely a source of revenue for Arizona cities and towns, this finance While bonding is d Y mechanism differs from the above mentioned revenues because once bonds are issued and q revenue secured, a commitment is required from the municipality to repay the debt on the bonds. ur specified generated from bond sales must be spent only for the purposes oses in the call for the bond election. Also, after satisfying the purposes of a bond issue, unexpended monies can only be used to retire the bonded indebtedness. There are a number of different types of bonds which are discussed below. • General Obliga tion Bonds. General obligation bonds are perhaps the most common method used to raise revenues for large scale municipal projects. The bonds are referred to as general obligation or full faith and credit bonds because they are guaranteed by the full taxing power of the cityor town. These bonds are usually retired from property tax funds. The amount of indebtedness which a city or town can incur through the issuance of general obligation bonds is limited in the State constitution. The constitution says that for general municipal purposesmunicipality a munici alit cannot incur a debt exceeding six percent of the assessed of taxable property in the city or town. Additional bonds amounting to twenty percent valuation p p Y of the assessed valuation of taxable property can be issued for supplying such specific city and town services as water, artificial light, sewers, and for the acquisition and development of land for open spacepreserves, parks, playgrounds and recreational facilities. In other a total of twenty-six percent of the assessed valuation can be bonded for these latter words, Y municipality is pledged, general obligation bonds projects. Because the full taxing power of a p tyP 9 are considered more secure than other bonds. This tends to give them lower interest rates in comparison to other bonds. The issuance of general obligation bonds must be submitted to the voters for approval. • Bonds. This type of bond is used to finance a revenue producing facility such as a Revenue YP p public utility or airport. The bonds are usually secured from revenues produced by the facility for which theywere issued. Thus, if these revenues are insufficient to cover the repayment bonds, the cityor town is not obligated to provide tax funds for repayment. Because of theauthority, theyrepresent a somewhat greater risk for these bonds are not secured by taxing au y, investor; therefore, revenue bonds usually have a higher interest rate than do general the obligation securities. Revenue bonds may be issued for such utility undertakings as electric water, sewer, gas, common carrier of passengers, garbage or rubbish plant or light or power, reservoirs, airport buildings or other airport facilities system, buildings, incinerators, dams and p or structures to provide off-street parking of motor vehicles and such recreational or buildings pools, parks,as swimmingoolsplaygrounds, municipal golf courses and ballparks. Revenue bonds are not subject to the debt limitation in the State constitution, however, they must still be submitted to the voters of the community for approval. • Street Improvement Bonds. Arizona cities and towns may also issue bonds for constructing streets and highways hi hwa s within the municipality. To pay the principal and interest on this type of bond,themunicipality may munici ali use its share of the highway user revenues. There are limitations Y on the issuance of these bonds for which HURF revenues are pledged for repayment in on the bond rating. These bonds are not subject to the debt limitation in the State depending 9 constitution, however, to issue the bonds, they first must be approved by the voters. Street improvement bonds also be secured by the full taxing power of a city or town, however, mp may this is not required. • Specia l Improvement District Bonds. Special improvement district bonds can be issued by p a city or town to finance improvements in specific areas of the municipality. The property owners benefiting from the improvements to the area are assessed to cover the cost of retiring the bonds. This type of finance mechanism has been used generally on such projects as paving streets, placement of sidewalks, extension of sewer and water lines and similar projects. As of 1996, state law permits a city or town by resolution to combine two or more municipal improvement al im district projects. The law also allows the construction of the improvements to be under one contract and allows for one series of improvement bonds. 7 (Rev. 11/96) more innovative • Non-Pr fi r rmethods of funding major municipal� n. One of thea ways which nonprofit a nonprofit corporation. There are number ofy p projects is the use of p - � corporations can be used to finance�a local government p roJ ect. However, in most instances to date, a non-profitp a revenue corporation has been formed and bonds issued to complete producing project. The revenue which is collected from the project is then used to retire the interest and principal on the bonds. When the bonds are retired, the title to the facility is then turned over to the city or town. Citizens of the community do not have to vote on this means bonds to the constitutional debt limitation. Also, the revenues of financing nor are the subjecttaxation if the project produces its used to retire the bonds for the project will not affect local own revenues. are the major revenues mentioned in this section sources of funding available to Arizonaici alit can initiate a number cities and towns. Of course, there are other sources since a mun p y of different revenue producing activities. Bond Election Publicity Pamphlet Along with other bond election requirements, a measure passed in 1994 and amended in the 1996 legislative session requires the preparation and dissemination to all voters of an p I am hlet not less than ten days and not more than forty days Y prior to a general informationa p p not clear whether this requirement applies to revenue bon obligation bond election. It is d elections. We suggest that you consult your bond attorney on this issue. Thep amphlet must contain information on the: 1. Amount of the bond authorization. 2. Maximum interest rate of the bonds. 3. Estimated debt retirement schedules for the proposed bond authorization and the current amount of bonds outstanding, showing both principal and interest payments and the estimated tax rates. 4. Source of repayment. 5. Estimated issuance costs. on the average assessed valuation of both owner-occupied 6. Estimated tax rate impact g the current years in the residential property and commercial and industrial property for p p Y political subdivision, as determined by the council. 7. Current outstanding generalobligation obli ation debt and constitutional debt limitation. 8. Purpose for which the bonds are to be issued. 9. Polling location for the addressee. 10. Hours during the day when the polls will be open. 1 must be submitted to the Department of Revenue within A copy of the informational pamphlet thirty days a fter the bond election. The Department of Revenue will maintain copies p s of the . r electors to receive the informational pamphlet will not be pamphlets. Failure of any one or more grounds to invalidate the election. Variations between the estimates required to be in the pamphlet and the actual debt retirement schedule, issuance costs and tax rates will not invalidate the election or the bonds. town cannot use its personnel, equipment, materials, buildings It is critical to note that a city or or other resources to influence the outcome of any election and city or town employees p Yees cannot use the authority of their position ion to influence the vote or political activities of a subordinate. 8 (Rev. 11/96) Bonded Indebtedness Report the Department of Revenue (DOR) requires a yearly bonded In accordance with A.R.S. § 35 502, P ss re ort which includes information concerning the date of issuance, amount, indebtedne p interest, maturity, dates of the bonds, certificates of participation or denomination, rates ofty cor oration debt securities and other information the department requires. Municipal property p passed duringthe 1996 session also requires cities and towns to must be reported. Legislation report to DOR, areort containing the within sixty days of issuance of bonds and securities, report following information: 1. The par amount of the bonds or securities. 2. The interest rate, by maturity of the bonds or securities. 3. The repayment schedule, showing both principal and interest for the issue. 4. The sources of repayment. 5. The original issue price and any premium or discount, by maturity, for the issue. issuance costs, regardless of source of payment, including 6. A detailed listing of all g underwriter's compensation, verification agent bond counsel fees, financial advisor fees, g fees, placement agent fees, investment securities brokerage fees, registrar fees, trustee fees, credit enhancement fees, rating agency fees, printing costs, registration fees, transfer and recordingfees and other costs directly or indirectly earned or paid as any a result of the issuance of the bonds or securities, as determined by the department. 7. The total amount of paritybonds or securities outstanding, including the issue, at the time of issuance. 8. The total amount of anybonds or securities, senior or subordinate to the issue outstanding at the time of issuance. 9. The amount of any constitutional or statutory limitation on the issuance of bonds or securities of the type issued. 10. The remaining amount of bonds or securities that may be issued within the constitutional and statutory limitations. 11. The amount of any constitutional or statutory voter authorization applicable to the issuance of bonds or securities of the type issued. 12. The remaining amount of bonds or securities that may be issued within the constitutional and statutory authorization. 13. Any other similar or related information the department may determine. This new law added a new section of law A.R.S. §35-503 which defines the "outstanding of calculatingdebt capacity, as the total principal amount of all indebtedness,"for the purposes bonds outstanding i at the time of calculation exclusive of any premium or discount. It also limits the use of premium associated with original issue and refunding bonds and requires net premium not used to pay the costs of the bond issue to be deposited in a debt service fund and used to pay interest on the bonds. 8.1 (Rev. 11/96) held by the Auditor General on such a violation(A.R.S.Section 41-1279.07 G and H). The amount for exceeding the expenditure State income tax to be withheld limitation will be determined as follows: 1. If the excess expenditures are less than 5% of the limitation, an amount equal to the excess expenditure will be withheld. 2, If the excess expenditures are equal to or greater than 5% but less than 10% of the limitation, aq n amount equal to triple the excess expenditures will be withheld. �. If the excess expenditures are less than 5% of the limitation but it is at least the second consecutive instance of excess expenditures for the city or town, an amount equal to triple the excess expenditures will be withheld. 4. If the excess expenditures are equal to or greater than 10% of the limitation, an amount equal to five times the excess expenditures or one-third of the allocation of a city or town's State income tax will be withheld, whichever is less. PROPERTY TAX LEVY LIMITATION The State Constitution and State law also specify a property tax levy limitation system. This system consists of two levies, a limited levy known as the primary property tax levy and an unlimited levy referred to as the secondary property tax levy. The primary levy may be imposed the secondarylevy in cities and towns may only be used to retire the for all purposes, while h principaldebtedness.�and interest or redemption charges on bonded indebtedness. Primary Property Tax Levy Limit There is a strict limitationjust on just how much a city or town can levy as a primary property tax. This limited to an increase of 2% over the previous year's maximum allowable primary tax levy is primary levy plus an increased dollar amount due to a net gain in property not taxethe previous 42-17051). Note that the 2% increase is based on a city or town's "maximum year (A.R.S. § if you do not adopt the maximum allowable levy allowable levy" for the prior year. That is, even p from ear to year,the 2% allowable increase will be based on the prior years� "maximum m allowable Y levy" anyway. Also, it should be pointed out that the "net new property" factor is included in the calculation to take into account all new construction and any additional property added to a community due to an annexation. There is an Attorney General's opinion(86-031)which has been interpreted to state that a city or town can levy in excess of its maximum allowable levy limit for involuntarytort judgments.'ud ments. The Property Tax Oversight Commission will recognize an involuntary tort judgment if: pursuant judgment The jud ment is to a court order or settlement agreement; and 2. judgment The 'ud ment is approved for payment by the city or town council; and 3. The Attorney General certifies that the judgment is an involuntary tort judgment; and 4. The city or town submits copies of the court order or settlement agreement and the a minutes of the meeting at which the council approved payment on or before the first Monday in July. 9jurisdictions The primary property taxfrom all taxin for homeowners may not exceed 1% of their (Article IX, Section 18, Arizona State Constitution and A.R.S. § home's primary assessed value 42-1715 ) 2 . If the combined primary property tax(for the city/town,county,etc.) exceeds 1%of the primary assessed value of the home,the school districts will reduce their rate until the homeowners aggregate rate is equal to or less than the allowable 1%. The State will then subsidize the school district for the reduced revenue. Note that this 1% limitation only applies to primary property taxes and does not affect the secondary property tax levy. There is also a new"truth in taxation"law which requires a special notice to be mailed to registered voters if the proposed property tax levyof a certain fiscal year exceeds the levy of the previous p y year. See "Truth in Taxation" on page 21.1 for more details. 19 (Rev. 12/99) Secondary Property Tax Levy levy above}and a secondary propertytax Thetwo-tiered system includes a primary of tax allows a city or town to levy a property tax for the purpose levy: The secondary property This levy is referred to as the thin the principal and interest on bonded indebtedness. to retiring this property tax may be levied in an amount necessary "unlimited" levy. In other words, p p Y retire the bonded indebtedness of a cityor town as is deemed necessary by the city or town � Article IX, Section 19, subsection 2, paragraph a, Arizona State Constitution). the secondaryproperty tax levy"unlimited", the actual full cash Not only is the dollaramountof 42-13304 . This is unlikethe value of property will be used in determining the tax rate(A.R.S. § ) primary tax system which uses a controlled assessment system to determine the tax rate for primary property tax purposes. The bottom line on the secondary property tax system is that a city or town can levy the amount necessary to pay off its debt service. ESTABLISHMENT OF A NEW PRIMARY PROPERTY TAX LEVY A number of cities and towns in Arizona do not currently impose a primary property tax. a method thoG to establish such .a tax if the city or town -desires to do so has been Therefore, provided in State law. To establish a primary propertytax, cityor town must present the proposed levy to the voters a at an election on the third Tuesday in May. The ballot must state that the amount on the ballot will be the base for determininglevy limitations for the city or town in subsequent years. These steps outline the process to initiate a primary property tax. 1. The council passes a resolution ordering the election to be held at the regular voting places. The order must state that the election is to establish a primary property tax and the election must be held not less than thirty nor more than 150 days from the date of the order. 2. A copy of the order ispublished ublished in a newspaper for not less than once a week for three 35-454 . successive weeks prior to the day of election (A.R.S. § ) 3. Five copies of the electionare posted order in public places at least twelve days before the election. 4. A copy of the order for the election is posted in each polling place. 5. The election conforms to the general election laws. 6. The election is held on the third Tuesday in May. 7. The returns are made to the council within twelve days after the election. 8. The council meets within seven days from the twelfth day after the election to canvass and certify the vote. countyrecorder, giving the purpose of the election,the total 9. Acertif�cate is filedwiththe against establishing the number of votes cast and the total number of votes for and a g primary property tax and statingthat the tax has been ordered by the council. As mentioned in Chapter 1, a cityor town that incorporates or annexes land must give proper pp notice to the Department of Revenue and appropriate county assessor prior to levying the tax.State law requires that notice be given by November 1 of the year prior to the fiscal year when the tax will be initiated. 20 (Rev. 12/99) BUDGET/TAX LEVY The preparation of a municipal budget is a long and detailed process. The council and the staff will undoubtedly have to set a number of administrative deadlines to make sure that the budget has been given full consideration prior to its final adoption. There are, however, a number of specific dates set in State law with which a city or town must comply when preparing a budget (See Exhibit F in the appendix). In this section the most important dates are outlined. Budget Adoption State law requires that on or before the third Monday in July of each fiscal year, the city or town council must adopt a tentative budget. Once this tentative budget has been adopted, the expenditures may not be increased upon final adoption, however, they may be decreased. Actually, with the adoption of the tentative budget, the council has set its maximum "limits" for expenditure, but these limits may be reduced upon final adoption. Once the tentative budget has been adopted, it must be published once a week for at least two consecutive weeks following the adoption. The tentative budget must be fully itemized in conformance with forms supplied by the Auditor General and entered upon the council meeting minutes. Along with publication of the budget as outlined above, a notice of the final budget .adoption meeting should also be published. Final Budget Adoption There is no specific date set by state law for adoption of the final budget. However, for those of you with a property tax, there is a deadline for adoption of the property tax levy-the third Monday in August. Since state law requires a period of at least seven days between adoption of the final budget and adoption of the tax levy, the deadline becomes the second Monday in August. For those without a property tax, it is still recommended that final budget adoption take place by mid- August. The adoption of the final budget may take place through a simple motion approved by the council. Adoption of Tax Levy Before adopting the property tax levy,the council must receive property value information from the county assessor. These values must be provided to the council on or before February 10 of the tax year (A.R.S. §42-17052). These values must be made available for public inspection on or before February 15 of the tax year(A.R.S.§42-17055). Along with the property values,the county assessor will transmit the final levy limit worksheet and each city or town levying a property tax is required to notify the Property Tax Oversight Commission in writing within three days of its agreement or disagreement with the final levy limit. After adoption of the levy the Property Tax Oversight Commission will review the primary property tax levy to determine the adequacy of compliance. Notice of any violation of the levy limit will be sent by September 15. If a city or town disputes the findings of the commission it may request, on or before October 1, a hearing before the commission to attempt to resolve the dispute. If the city or town continues to dispute the findings of the commission after the hearing it may appeal the matter to Superior Court within thirty days after the decision of the commission. As mentioned previously, the tax levy for a city or town must be adopted on or before the third Monday in August. Using the information provided by the county assessor, the council must specify the amount that will be levied in an ordinance which will become effective immediately. The tax levy ordinance does not require a three-fourths vote or an extraordinary vote to make the levy effective immediately because this is an administrative matter and not an act of legislation. This determination is based on a State Supreme court decision Sellers v. Frohmiller, 42 Arizona 239, 24 Pac. (2d) 666, in which the court ruled that the State general appropriation bill was not legislation, but merely an administrative method of setting apart funds necessary for use and maintenance of State government. This case also applies to the municipal budgetary process. The main dates and deadlines in the budgetary process are also outlined in the budget calendar which is Exhibit F in the appendix. See also the discussion in Chapter 1 of the property tax. 21 (Rev. 12/99) Property Tax Refund in Budget p Y Beginning in fiscal year 199798 - anyaffectedpolitical subdivision, including cities and towns, must ,budgets for the next fiscal year the proportional amount of anyproperty tax refund in their include as a result of a change in the tax roll refund is for overpayment for which they are liable when the pursuant to state statute authorizing such change (A.R.S. 42-18061). Truth in Taxation The Legislature, in a 1996 specialon property session taxes, also approved legislation requiring the county each assessor,on or before July 1 of each year,to transmit to city and town an estimate of the cityor town, including new property added to the tax roll. of the total net assessed valuation If theproposed ro osed primary tax levy,excluding amounts attributable to new construction, is greaterthan the amount levied by thecity that or town in the previous year the council must publish a notice meets the following requirements: 1. The notice has to be p ublished twice in a newspaper of general circulation in the city or town. The first publication shall be at least fourteen but not more than twenty days before the date on which the proposed levyis to be discussed. The second publication must be p . at least seven but not more than ten days before the hearing. 2. The notice has to be published in a location other than the classified or legal advertising section of the newspaper. e 3. The notice must be at least one-fourth page in size and shall be surrounded by a solid black border at least one-eighth inch in width. 4. The headline of the notice must read "Truth in Taxation Hearing - Notification of Tax Increase" ateighteen in least ei hteen point type and the text must be in substantially the same form as the statute (see Exhibit M for example of notice). In addition to publishing the notice according to the above requirements, a new provision was added in 1999 that requires the cityor town to issue a press release with the same information that is included in the required notice. The law does provide that in lieu of publishing the notice, that it may be mailed to all registered voters in the city or town at least ten but not more than twenty proposed levy. hearing is to be held on or before adoption of days before the hearing on the Y on the matter of adoption of the the citybudget. It also requires that a roll call vote be takentown g the cityor property tax levyif an increase is proposed. Following the public hearing, primary prop y hearing, mail a copyof the truth in taxation notice, a statement of its must, within three days of the hea g� tax oversight commission. publication or mailing and the result of the councils vote to the property Both the hearingand the notice can be combined with the regular budget notices. 21.1 (Rev. 12/99) MEMORANDUM TO: Chuck Sweet, Town Manager FROM: David Andrews, Finance Director DATE: July 8, 2002 SUBJ: Local Sales Tax Research Over thep ast several months, several issues have been raised regarding the -- local sales taxability of various goods and services. Attached to this memorandumY ou will find a chart which lists the item as well as the State of Arizona and Town of Oro Valley's tax treatments of the items. Please give me a call if you wish to review and discuss. CC: Jeff Weir, Economic Development Administrator Melody Niese, Management & Budget Analyst 1 rtb4 y fel i <c • G:IDAVID1MemoslLocal Sales Tax Research.doc 1 1 Local Sales Tax Options ,-----, Does the State of Does OV Tax Item Arizona Tax? Item? Government Agencies yes no Transactions with yes yes Advertising no no Health spas, fitness centers, dance studios, etc yes yes Golf green fees � for speculative building 1 yes yes Land purchased p no feed, additives to animal feed, and agricultural chemicals no Animal no no Residential real property rentals no no Commerical real property rentals no no Two level tax structure on big ticket items for breedingand production yes yes Livestock used yes no Fine art '� Universities & Community Colleges yes yes Textbooks for yes no Employee meal s - yes no Destructive testing Cable Television Services yes no i o n Services License Fees-Tax Credit Offsets yes yes `Cable Television `Vehicle transportation for hire (Taxis) yes yes yes yes Towing vehicles Consumers of Town Utility by those not in the Town limits no no Retail urchases shipped out of state yes _ yes Food for home consumption no no no no Job printing for publishers ' r no no Real ropert rental to nonprofit health care facilities p yes yes Bed tax Coin-operated machines - car washes & laundromats no no Factoring of parts and labor for flat fee retail repair services yes yes Telecommunications Tax • yes no Franchise fees credit for Telecommunications tax yes no tax, includes electricity, power, gas, and servicesnd water yes no Fra no nchise fee credit a ainst Utility Services Tax yes Use Tax yes no r TOWN OF ORO VALLEY X COUNCIL COMMUNICATION MEETING DATE: December 4, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: CANCELLATION OF FIRST MEETING IN JANUARY (JANUARY 1, 2003) DUE TO NEW YEAR'S DAY HOLIDAY SUMMARY: Due to New Year's Day falling on January 1, 2003 which is the normally scheduled first meeting of the month for the Town Council, it is necessary to cancel this meeting. The second meeting of the month of January will be held on January 15, 2003. SUGGESTED MOTION: I MOVE to cancel the January 1, 2003 regular meeting due to the New Year's Day Holiday. Depart ent Head / 1 4 Town Manager