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AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION MAY 2, 2001 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 5:30 PM 1. Pursuant to ARS 38-431.03(A)(3) Legal Advice relating to the Intergovernmental Agreement with Town of Marana for transfer of water service 2. Pursuant to ARS 38-431.03(A)(3) Legal Advice relating to the Settlement Agreement with City of Tucson 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 —According to the Arizona Open Meeting Law, the Town Council may only discuss matters listed on the Town Council Agenda. Matters brought up by the public under "Call to Audience"cannot be discussed by the Town Council as they have not been placed on the agenda. Any items must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience'; please specify what you wish to discuss when completing the blue speaker card. 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes —4-9-01; 4-18-01 B. Acceptance of the Oro Valley Water Utility Commission's 2001 Annual Report C. Approval of a $500 contribution to Canyon Del Oro High School Problem Solving Academic Team Funding - Odyssey of the Mind Program 05/02/01 Agenda, Council Regular Session 2 D. Resolution No. (R)01-30 Formalizing the name change from Calle Godornitz to Egleston Drive E. Re-establishment and Appointment of new members to the Commercial Code Technical Advisory Committee F. Appointment of a Committee to select the consultant for the General Plan Update G. OV12-97-14A Approval of Landscape Plan for Uno Pizzeria Chicago Bar & Grill, Lot 6, located within the San Jose Plaza 2. RESOLUTION NO. (R)01-31 AUTHORIZING AND APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND THE TOWN OF ORO VALLEY TO TRANSFER A PORTION OF ORO VALLEY'S WATER SERVICE AREA, LOCATED WITHIN THE MARANA TOWN LIMITS, TO THE TOWN OF MARANA 3. RESOLUTION NO. (R)01-32 PROVIDING NOTICE OF INTENT TO INCREASE WATER RATES AND FEES FOR THE ORO VALLEY WATER UTILITY (PUBLIC HEARING SCHEDULED FOR JUNE 6, 2001) 4. PUBLIC HEARING — ORDINANCE NO. (0)01-11 OV7-01-01 AMENDING THE ORO VALLEY ZONING CODE REVISED, CHAPTER 14 NATIVE PLANT SALVAGE REQUIREMENTS (DECLARED A PUBLIC RECORD BY RESOLUTION NO. (R)01-21 ON APRIL 4, 2001) Explanation: This Ordinance amends Section 14-108 regarding Approval Procedures for the Native Plant Salvage Requirements. 5. PUBLIC HEARING — ORDINANCE NO. (0)01-12 OV7-01-02 AMENDING THE ORO VALLEY ZONING CODE REVISED, CHAPTER 14, LANDSCAPE PLAN REQUIREMENTS (DECLARED A PUBLIC RECORD BY RESOLUTION NO. (R)01-22 ON APRIL 4, 2001) Explanation: This Ordinance amends Section 14-209 regarding Approval Procedures for Landscape Plan Requirements. 6. PUBLIC HEARING — ORDINANCE NO. (0)01-13 OV7-01-03 AMENDING THE ORO VALLEY ZONING CODE REVISED, CHAPTER 15, GRADING CODE AND RELATED DEFINITIONS, CHAPTER 2 (DECLARED A PUBLIC RECORD BY RESOLUTION NO. (R)01-23 ON APRIL 4, 2001) Explanation: This Ordinance amends Chapter 15, Grading Code and Chapter 2 Definitions for Mass Grading. 05/02/01 Agenda, Council Regular Session 3 7. OV12-00-05 RANCHO VISTOSO, NEIGHBORHOOD 7, PARCEL A, PRELIMINARY PLAT EXTENSION, LOCATED SOUTH AND ADJACENT TO MOORE ROAD, WEST AND ADJACENT TO HIGHLANDS WASH, AND EAST OF VISTOSO RIDGE SUBDIVISION Explanation: The applicant is requesting a six month extension in order to complete the project management transfer and to meet with staff to discern project issues. 8. FIRE ADVISORY BOARD RECOMMENDED PERFORMANCE STANDARDS 9. EXTENSION OF TERMS FOR THE FIRE ADVISORY BOARD TOWN MANAGER'S REPORT CALL TO AUDIENCE—According to the Arizona Open Meeting Law, the Town Council may only discuss matters listed on the Town Council Agenda. Matters brought up by the public under "Call to Audience"cannot be discussed by the Town Council, as they have not been placed on the agenda. Any items must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience'; please specify what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 04/25/01 4:30 p.m. lh A packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, at 229-4700. 05/02/01 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. e ► a v MINUTES OF THE ORO VALLEY TOWN COUNCIL/WATER UTILITY COMMISSION JOINT STUDY SESSION ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE APRIL 9, 2001 CALL TO ORDER: 7:05 p.m. ROLL CALL: Town Council: Paul Loomis, Mayor Fran La Sala, Vice Mayor Dick Johnson, Council Member Bart Rochman, Council Member a.- AFT Werner Wolff, Council Member Water Utility Michael Caporaso Commission: Gordon Byrnes Gregg Forszt Leo Leonhart Excused: La Quita Stec John Dohogne Jennifer Gillaspie Staff Present: Chuck Sweet, Town Manager Dan Dudley, Town Attorney Alan Forrest, Water Utility Director Shirley Seng, Water Utility Administrator Carolyn Schneider, Customer Service Supervisor Iris Chaparro, Administrative Secretary PRESENTATION AND DISCUSSION OF THE WATER UTILITY COMMISSION'S ANNUAL REPORT AND RECOMMENDED RATE INCREASE Mayor Loomis congratulated the Water Utility Commission for filing their report on time and complimented the Commission on the quality of the document. Water Utility Director Alan Forrest explained that members of the Commission would give a brief presentation broken out into 3 areas: conservation, renewable water and finance &rates CONSERVATION Mike Caporaso stated that the Commission recommends that the utility continue to improve and expand their conservation efforts. He pointed out that the 0 &M expenditures for conservation are proposed to increase by$15,000 for a total of$35,000 in FY 2001/02. He stated that this will allow the utility to continue its membership in Water CASA and to continue publishing the i t 04/09/01 Minutes,Town Council Study Session 2 conservation newsletter bi-monthly. He pointed out that the benefits of being a member of CASA are tremendous. In addition, the utility will expand the educational materials to include the purchase of workbooks, activity books and crayons for students; coordinate with GOVAC for booths at Town events to distribute information and educational materials. He stated the library would be utilized as a distribution site when it opens. Mr. Caporaso reviewed the following proposed issues to be included in their work plan for FY 01-02: • Evaluation of a full-time staff position to follow-up and maintain the conservation program. • Evaluation of the cost of toilet and front-loading washing machine rebate programs. • Monitoring and maintaining water infrastructure on a Town-wide basis in a manner that will set an example of conservation for our customers. • Review of existing plumbing codes to identify which conservation oriented modifications may be in need of change. • Review existing codes and/or ordinances for misuse of water resources, fines for water theft, indoor and outdoor water use. • Evaluate the cost of a mobile landscape/irrigation unit to audit irrigation systems for residents via obtaining sponsorship for unit. • Review of ADWR regulations and enforcement of the Town's GPCD. • Review water supply issues related to the Town's assured water supply designations and replenishment requirements through the CAGRD. • Objectives and guidelines to minimize the decline of groundwater levels • Research alternative funding sources (i.e.grants). Council Member Johnson asked if pumps for hot water distribution could be added to their list. He stated that these pumps could save up to 16,000 gallons per year. He asked if this could be required on all new construction. He also asked about requiring low water use toilets. Customer Service Supervisor Carolyn Schneider said that the uniform plumbing code already requires low water usage toilets. She explained that there are 2 types of hot water distribution pumps available. One is for new construction and the other is for older homes that can be added to existing plumbing. In response to a request by Council Member Johnson, Mr. Forrest replied that the Arizona Department of Water Resources prepares data regarding per-capita usage, however it is not a true measure of Oro Valley's usage because there are so many variables between the other cities/towns. Mrs. Seng stated that over the past 5 years the average usage in Oro Valley has been 8,000 gallons. She thought that if there is a drop in usage that that may be an indication that some conservation measures are working. 04/09/01 Minutes,Town Council Study Session 3 Vice Mayor La Sala agreed with Mr. Forrest's comments regarding water usage comparisons being"apples and oranges" since there are so many variables between each city or town. He stated he would rather compare ourselves to ourselves, not to other cities and towns. Mayor Loomis asked that the hot water distribution system be moved into the short-term plan and at least require it for all new construction. Vice Mayor La Sala said he would like to see incentives given to citizens for using conservation measures rather than codifying new technology. He felt it was important to give the citizens a choice. Mayor Loomis recommended that both options be looked at. He suggested that the Commission come back to the Town Council with recommendations as to a method of taking advantage of saving 16,000 gallons of water per year. He reiterated that for the short-term, all new construction should install a hot water distribution system. He pointed out that the Commission should come back with a suggestion of ways an older home could be retrofitted with the hot water distribution system. RENEWABLE WATER Leo Leonhart referred to the Renewable Water Resources Report dated October 2000. He stated the Key aspect is the Figure 1A, which projects the demand for water use in 2030. He stated this accounts for the available supply from natural recharge (safe yield) as 17,384 AF, which is a substantial deficit above safe yield. Hence, Water Resource management needs to come up with alternative supplies (preferrably from renewable sources). In light of that,he stated that the sub- committee came up with 9 different options for acquiring additional water resources and ranked these options according to 7 different issues: • Water quality • Rate of decline of the water levels • Allocation of costs • Implementation and timing of the alternatives • Sustainability and reliability of your resource • Consistency with the ADWR Water Management Plan and Assured Water Supply Concepts • Opportunities for funding and financing Mr. Leonhart reviewed the sub-committee's recommendations: 1. Option A. Utilize delivery of raw CAP water directly for the purpose of turf water irrigation. (Combined with the option of providing potable water. Involves blending conventionally treated CAP water with our existing 2500 AF per year of ground water.) 2. Option B. Acquisition of Tucson reclaimed water to supply turf water for the golf courses. (Combined with blending of conventionally treated CAP water and groundwater or actually purchasing additional water directly from City of Tucson, according to their excess supply). Mr. Forrest stated that the biggest issue is negotiating with City of Tucson regarding the • Northwest Area Agreement settlement and the transfer of CAP water from Tucson to Oro rs 4 04/09/01 Minutes,Town Council Study Session 4 Valley. Also,negotiations regarding the transfer of effluent rights from the City of Tucson to Oro Valley in the amount the Town contributes every year in the amount of return flows to the wastewater collection system. Phase 1 —Large turf areas: • This proposed budget would include costs for feasibility preliminary design of the on-sight portion of the non-potable system. (Estimated to take 1.5 to 3 years). Phase 2 • Alternative Water Surcharge Concept Study. (1 option for financing the costs to implement this kind of plan). (A recommendation will come forward in 2001/2002). In response to comments made by Council Member Johnson, Mr. Forrest referred to City of Tucson's surcharge for CAP that was instituted in the 1980's. He stated that by the time they were ready to build the treatment facility,they had one-half of the money required, which reduced the amount of bonding needed. He agreed that a lot of public education is needed about what the costs will be. Mayor Loomis referred to the third paragraph on page 8 and asked that a paragraph be added about initiating legislation and working with multiple municipalities or other areas. Mayor Loomis asked that the report be reworded to state "Town in final negotiations for CAP water rights,"rather than showing a specific acre foot number. WATER RATES Gregg Forszt recognized members of the Finance Sub-Committee he served with and thanked Shirley Seng, Iris Chaparro and the consultant Ron Kozomon for their hard work in helping the Sub-Committee. Mr. Forszt explained how the sub-committee determined what the revenue requirements would be based on assumptions and future forecasts for: • Personnel • O &M costs • Operating &maintenance costs • Capital costs • Debt-service on the capital costs • Growth • Whether or not to maintain the 1,000 gallons of free water that each customer receives today Mr. Forszt pointed out that there are 4 main revenue requirements that were established in 1998: • Debt service does not fall below a 1.25 to 1 ratio. • Utility cannot experience a loss for more than 2 consecutive years. • Minimum cash balances meet 15%of cash outlays (excluding capital costs). • Retained earnings maintain a positive balance. Mr. Forszt explained the other issues that were looked at, included: • Acquisition of CAP Water. 04/09/01 Minutes,Town Council Study Session 5 • Taking golf courses off of ground water in FY 2004/2005. • Looking at what the infrastructure needs would be to accomplish that. • Alternative Water Surcharge. • Conservation through the rate making process. • Wholesale rates. Mr. Forzst explained that the recommendation to Council is a 7% overall revenue increase (which increases the base rate to $12.00 per 1,000 gallons). He reviewed the Tiers as outlined on page 15 of the report. Council Member Rochman asked that the Tiers be set so that conservation is encouraged without significantly increasing the rates. Mayor Loomis asked if a breakdown showing how many customers there are per meter size and, in addition, what is the average usage for those customers. He referred to the Chart that shows a breakdown of customers in a usage category. He asked that a column be added to that chart for larger meters. Council Member Johnson expressed philosophical concerns with the proposed rate increases. In response to a question regarding retained earnings by Council Member Johnson, Mrs. Seng stated that the rates are driven by our costs for capital outlay, 0 & M,personnel and debt service. She referred to the Projected Cash Flow Statement in Appendix A of the report and the importance of not depleting cash flow below 15%. She pointed out that the revenues would start declining when more money is used for capital expenses. She stated by increasing rates by 7% the contingency can be kept at$2 million. Mr. Forrest stated that the 5 year CIP includes new capital items through the fifth year, so they are trying to equalize the rates over the next 5 years. Mayor Loomis suggested tying the Table (CIP Plan) on page 14 into those retained earnings. He suggested adding"See Appendix F"in the CIP table. It was pointed out that on May 2, 2001 the Town Council will accept the Annual Water Utility Report and the Notice of Intention to Increase Rates will be considered. Respectfully submitted, Kathryn E. Cuvelier, CMC Town Clerk MINUTES A ORO VALLEY TOWN COUNCIL REGULAR SESSION APRIL 18, 2001 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION CALL TO ORDER 6:10 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Fran LaSala, Vice Mayor Dick Johnson, Council Member Bart Rochman, Council Member Werner Wolff, Council Member EXECUTIVE SESSION MOTION: A Motion was made by Council Member Johnson and SECONDED by Council Member Wolff to go into Executive Session at 6:10 p.m. for the following purpose: Pursuant to ARS 38-431.03(A)(3) & (A)(7) Strategy for acquisition of real property for the La Canada Drive Extension The motion carried, 5 —0. Mayor Loomis announced that in addition to the Town Council, the Town Manager, the Town Clerk and the Town Attorney, Town Engineer Bill Jansen would be present in Executive Session. MOTION: Vice Mayor LaSala MOVED to go out of Executive Session at 6:40 p.m. Council Member Johnson SECONDED the motion. Motion carried, 5 —0. RESUME REGULAR SESSION CALL TO ORDER 7:02 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Fran LaSala, Vice Mayor Dick Johnson, Council Member Bart Rochman, Council Member Werner Wolff, Council Member PLEDGE OF ALLEGIANCE Chris Chambers from Boy Scout Troop 299 led the audience in the Pledge of Allegiance. 04/18/01 Minutes,Council Regular Session 2 UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings and events. CALL TO AUDIENCE No speakers. CONSENT AGENDA MOTION: Council Member LaSala MOVED to APPROVE the Consent Agenda with the exception of Items D and L. Vice Mayor LaSala SECONDED the motion. Motion carried, 5 —0. A. Minutes—3-26-01; 04/04/01 B. Coyote Run Monthly Report—March 2001. C. Building Safety Activity Report—March 2001 D. Resolution No. (R)01-24 Authorizing the amendment of the Grant Agreement between the State of Arizona Department of Energy Office for the purpose of implementing Alternative Fuel (PULLED FOR DISCUSSION) E. Resolution No. (R)01-25 Approval of an Intergovernmental Agreement between Amphitheater Public School District and the Town of Oro Valley for a School Resource Officer(SRO) at Ironwood Ridge High School F. Project No. W10-2001 Oro Valley Water Utility—Award of Bid for the new Countryside 800,000 Gallon Potable Water Reservoir to Smyth Steel Manufacturing, Inc. in the amount of$361,580.85 G. Project No. W20-2001 Oro Valley Water Utility—Award of Bid for Wells No. ES to Vans Construction Co., Inc., in the amount of$331,054.20 H. Resolution No. (R)01-26 Authorizing the Oro Valley Police Department to apply to the Governor's Office of Highway Safety for grant funds to purchase a SMART (Speed Monitoring Awareness Trailer) and BMW Motorcycle package with dual antenna moving radar unit to further public safety within the boundaries of the Town of Oro Valley I. Resolution No. (R)01-27 Award of contract for Project No. OV 30-00/01-14 to ACE Asphalt for Catalina Shadows Roadway Surface Treatment in the amount of$43,701.90 J. Resolution No. (R)01-28 Rescinding Resolution No. (R)97-03 and re- enacting the Fiscal and Budgetary Policy for Administration of the Financial Operations of the Town of Oro Valley K. Extension of terms for the Government Review Task Force L. Approval of 2000/01 Planning & Zoning Commission Work Plan Update (Continued from 04/04/01) (PULLED FOR DISCUSSION) 04/18/01 Minutes,Council Regular Session 3 D. RESOLUTION NO. (R)01-24 AUTHORIZING THE AMENDMENT OF THE GRANT AGREEMENT BETWEEN THE STATE OF ARIZONA DEPARTMENT OF ENERGY OFFICE FOR THE PURPOSE OF IMPLEMENTING ALTERNATIVE FUEL In response to questions from Council Member Johnson, Town Engineer Bill Jansen explained that one alternative fuel vehicle and the fuel station are currently in operation. He also explained that the amendment to the Grant Agreement was to request an extension of time, as the second vehicle has not yet been delivered. He reported that there was not a policy in place for future procurement of alternative fuel vehicles as it currently takes ten hours to fuel each vehicle. Staff is looking at a fueling facility that would allow a normal fueling period. MOTION: Council Member Johnson MOVED to ADOPT Resolution No. (R)0l-24. Council Member Wolff SECONDED the motion. Motion carried, 5 — 0. L. APPROVAL OF 2000/01 PLANNING & ZONING COMMISSION WORK PLAN UPDATE (CONTINUED FROM 04/04/01) Mayor Loomis suggested that the Open Space Acquisition Plan be moved to Priority#7. MOTION: Mayor Loomis MOVED to APPROVE the 2000/01 Planning and Zoning Commission Work Plan Update with the addition of the Open Space Acquisition Plan as Priority#7. Vice Mayor LaSala SECONDED the motion. Motion carried, 5 —0. 2. CONSIDERATION AND/OR POSSIBLE ACTION REGARDING THE TOWN MAGISTRATE CONTRACT Human Resource Director Jeff Grant reported that the current contract for the Town Magistrate expires no later than May 8, 2001. He explained that the position was posted internally and that the current Magistrate, George Dunscomb, applied for reappointment. Mr. Grant recommended that Council reappoint George Dunscomb pursuant to the terms of the proposed contract. MOTION: Vice Mayor LaSala MOVED to REAPPOINT George Dunscomb as Town Magistrate pursuant to the terms of the proposed contract for a two year term commencing April 19, 2001. Council Member Johnson SECONDED the motion. Motion carried, 5 —0. 3. RESOLUTION NO. (R)01-29 RENAMING DENNIS WEAVER PARK Town Manager Chuck Sweet stated that Dennis Weaver Park was acquired from Pima County in 1995. He explained that it has been recommended that the park be renamed something that would be more fitting for Oro Valley. 04/18/01 Minutes,Council Regular Session 4 MOTION: Council Member Wolff MOVED to APPROVE Resolution No. (R)01-29, renaming Dennis Weaver Park to James D. Kriegh Park. Vice Mayor LaSala SECONDED the motion. Motion carried, 5 —0. Mayor Loomis recessed the meeting at 7:15 p.m. The meeting resumed at 7:20 p.m. Mayor Loomis announced that there would be a presentation on the Ritz-Carlton and then each agenda item would be covered individually. 4. OV12-00-07 RITZ-CARLTON RESORT AT STONE CANYON DEVELOPMENT PLAN ON 36—93 ACRES (TOTAL SITE 54.49 ACRES), LOCATED NORTHWEST OF RANCHO VISTOSO BOULEVARD OFF TORTOLITA MOUNTAIN DRIVE, RANCHO VISTOSO NEIGHBORHOOD 11 Town Engineer Bill Jansen briefly reviewed the project and explained that the Town has formed a Project Management Team to work with the Athens Group on the Ritz-Carlton ResortJro'ect. Those members working with Mr. Jansen (Project Manager) are: Bob p Conant, Planner II, Craig Civalier, Civil Engineer Il, and Terry Vosler, Building Administrator. Dennis Wall, representing the Athens Group and the Ritz-Carlton Resort at Stone Canon presented an overhead presentation depicting other resort projects they have Canyon, completed and the proposed Ritz-Carlton Resort at Stone Canyon. The project at Stone Canyon is for a 320-room resort hotel with 284 hotel rooms and 36 casita rooms. The project ect will include twenty-five thousand square feet of spa,pools, tennis courts and approximately 15,500 square feet of ballroom and 4,200 square feet of meeting space. It will also include 20 casita condominiums and 23 villas. Mr. Wall explained that they expect the project to be completed in two and a half years. Bob Conant, Planner II, p resented the staff report for the Development Plan for the Ritz- Carlton Resort at Stone Canyon. He explained that the entire 54-acre site is designated in the Rancho Vistoso PAD as Resort/Hotel. Mr. Conant then explained that a PAD amendment that reduced the parking requirements for the project did not give any standards, so the applicant commissioned a parking study. He stated that in comparing it with the Oro Valleyparkingstandards, and due to the fact that the resort parking will be valet parking only, staff concurs with the conclusions of the parking study as being adequate for the project. Mr. Conant reported that the Development Review Board and staff recommend approval of the Development Plan for the resort project with the conditions as listed in Exhibit "A". Mayor Loomis opened the floor for public input. Bill Adler, 10720 N. Eagle Eye Place, stated that he had concerns with the encroachment issue and "massing" of the project and that the Town's Design Guidelines should be met. 04/18/01 Minutes,Council Regular Session 5 In response to a question from Mayor Loomis, Mr. Wall stated that they have no objections to the conditions of approval. MOTION: Council Member Johnson MOVED to APPROVE OV 12-00-07, the Ritz- Carlton at Stone Canyon Development Plan, effective on the date of satisfaction of the conditions listed in Exhibit"A". A) 1. Private Roadways shall not be used as drainageways. 2. The Planning and Zoning Administrator shall have administrative approval and discretion for minor changes to the Development Plan, Landscape Plan and Architectural approval that may occur during construction. 3. A final drainage report is required when improvement and grading plans are submitted for review. 4. A lighting plan shall be submitted for review by Planning and Zoning prior to the issuance of a building permit. Any lights to illuminate parking spaces and drives shall be designed in accordance with the Oro Valley Town Standards. Parking lot lighting and height specifications shall include the following: • Exterior(building) lighting shall be provided for safety in an aesthetic manner. • Lighting shall be placed and screened to reflect away from adjoining properties and streets. • Parking lot lighting shall provide adequate illumination but not emit light beyond the development. • Parking lot light standards shall not exceed 20-feet. • Standards shall be shielded so light is deflected downward and away from adjacent properties. • The lighting shall meet all provisions of the Town of Oro Valley, Town Code Article 6-7. • Lighting standards shall utilize a sodium-type fixture. Vice Mayor LaSala SECONDED the motion. Motion carried, 5 —0. 5. OV12-00-07 RITZ-CARLTON RESORT AT STONE CANYON PRELIMINARY PLAT BEING A PORTION OF THE 54.49 ACRE SITE FOR 20 CONDOMINIUMS (9.64 ACRES) AND 23 VILLAS (7.92 ACRES), LOCATED NORTHWEST OF RANCHO VISTOSO BOULEVARD OFF TORTOLITA MOUNTAIN DRIVE Bob Conant, Planner II, presented the staff report and explained that the Athens Group representing the Ritz-Carlton at Stone Canyon has submitted a preliminary plat for 20 condominium casitas and 23 villas on two separate parcels within the 54.49 acre site. He stated that parking spaces have been dedicated in the hotel parking area for the 20 condominium owners. He stated that the Development Review Board and staff recommend approval of the Preliminary Plat with the conditions listed in Exhibit "A". 04/18/01 Minutes,Council Regular Session 6 MOTION: Council Member Johnson MOVED to APPROVE OV 12-00-07, Ritz-Carlton at Stone Canyon Villas and Condominium Preliminary Plat Rancho Vistoso Neighborhood 11, effective on the date of satisfaction of the conditions listed in Exhibit A) 1. All Improvement Plans shall be approved by the Town Engineer prior to resubmittal of the Final Plat to the Town Council. 2. Private Roadways shall not be used as drainageways. 3. The Final Plat for the condominiums shall be platted as, as built. Council Member Wolff SECONDED the motion. Motion carried, 5 —0. 6. OV13-01-14 INFORMATIONAL ITEM: RITZ-CARLTON AT STONE CANYON ARCHITECTURE FOR A 320 ROOM RESORT HOTEL, LOCATED NORTHWEST OF RANCHO VISTOSO BOULEVARD OFF TORTOLITA MOUNTAIN DRIVE, RANCHO VISTOSO NEIGHBORHOOD 11 Bob Conant, Planner II, stated that the Athens Group received Development Review Board (DRB) approval of the architecture for the Ritz-Carlton at Stone Canyon on March 20, 2001. Due to the uniqueness of the project, staff felt that the Council would like to review the information that was presented to the DRB. He also reported that the architects that designed the project followed the intent of the Zoning Code Design Guidelines. (Information item only, no action taken.) 7. OV12-00-07 RITZ-CARLTON RESORT AT STONE CANYON LANDSCAPE PLAN AND NATIVE PLANT SALVAGE PLAN, LOCATED NORTHWEST OF RANCHO VISTOSO BOULEVARD OFF TORTOLITA MOUNTAIN DRIVE Bob Conant, Planner II, reviewed the Council Communication and explained that the site currently consists mostly of undisturbed desert. He reported that the project site received a clearing and grubbing permit in 1999, so the parking area and the main hotel site have been partially cleared. The native plants will either be transplanted into the landscaping or preserved in place. Mr. Conant stated that the Development Review Board and staff have recommended approval of the Landscape Plan and Native Plant Salvage Plan for the Ritz-Carlton Resort at Stone Canyon. MOTION: Council Member Johnson MOVED to APPROVE OV 12-00-07, Ritz- Carlton at Stone Canyon Landscape Plan and Native Plant Preservation and Salvage Plan. Council Member Rochman SECONDED the motion. Motion carried, 5 —0. Mayor Loomis recessed the meeting at 8:15 p.m. The meeting resumed at 8:25 p.m. 04/18/01 Minutes,Council Regular Session 7 8. 0V12-97-8A1 PULTE HOMES REQUEST TO REVISE FINAL PLAT TO INCREASE GRADING LIMITS FOR ALL LOTS WITHIN R1-10 AND R1-20 AND TO CHANGE NO ACCESS EASEMENT FOR LOT 65 FOR VISTOSO RIDGE SUBDIVISION, LOCATED SOUTH OF MOORE ROAD, WEST OF RANCHO VISTOSO BOULEVARD, AND EAST OF PROPOSED LA CANADA DRIVE EXTENSION Community Development Director Brent Sinclair reviewed the Council Communication and explained that Pulte Homes is requesting a revision to a Final Plat to increase grading limits and to change a no access easement for Lot 65 of Vistoso Ridge subdivision. He explained that there are 128 lots in three zoning districts (R1-7, R1-10, and R1-20.) He reported that mass grading is allowed only on R1-7 lots and the remaining lots are currently limited to a gradable area of 10,000 square feet or less. Mr. Sinclair further explained that the changes being requested would allow an increase in the grading limits to 12,000 square feet for all lots within R1-10 and R1-20 zones except for Lot #65, which they would like to increase to 16,000 square feet. He also reported that they would like to delete the 1-foot no access easement along Spirit Mountain Drive and add a 1-foot no access easement along Burnwater Drive for lot#65. Mr. Sinclair stated that staff supports the two revisions to the Final Plat. Paula Mead, representing Pulte Homes, explained that Pulte Homes is the owner of only lots 36-121 and Steve Solomon, Canada Vista,is the owner of lots 1-35. She explained that lots 1-128 were the original plat for Vistoso Ridge, which has since been re- subdivided. She further stated that the request for additional grading would allow them to move some of the houses further to the rear of the lots and thus eliminate the steepness of some of the driveways. MOTION: Council Member Johnson MOVED to APPROVE OV12-98-8A1, Revised Final Plat Vistoso Ridge, Lots 36-121, effective on the date of satisfaction of conditions listed in Exhibit "A" including the deletion of the 1-foot no access easement along Spirit Mountain Drive and adding a 1-foot no access easement along Burnwater Drive for lot #65. A) (*Revised per motion) 1. Replace General Note#23 in the Vistoso Ridge Final Plat with the following revised General Note#23: "On all lots within R1-10 and R1-20 zones, except lot#65, the gradable limits shall not exceed 12,000 square feet, excluding driveways. Grading on lot#65 is limited to 16,000 square feet. Grading shall be limited to house pads and other associated improvements. All areas not within the gradeable limits are to remain as undisturbed natural open without walls or any other structures or disturbance." 2. *Delete the 1-foot no access easement along Spirit Mountain Drive and add 1-foot no access easement along Burnwater Drive for lot#65. 3. Resubmit following materials need to record the revisions" • One revised mylar of the Final Plat 04/18/01 Minutes,Council Regular Session 8 • 3 full-size (24" x 36") copies of the revised Final Plat • Data diskette (3 1/2 inch diskette, zip disk, or CD-ROM) in DXF or AutoCAD DWG format Vice Mayor LaSala SECONDED the motion. Motion carried, 5 —0. 9. OV12-99-001A LANDSCAPE PLAN (RECREATION AREA) AMENDMENT FOR VILLAGES OF LA CANADA VILLAGE VII,LOTS 501-580 (LOCATED 1/4 SOUTH OF THE LA CANADA/LAMBERT LANE INTERSECTION) Community Development Director Brent Sinclair reviewed the Council Communication and reported that the Town Council approved the original Landscape Plan for the Villages of La Canada VII on October 6, 1999. He explained that Kaufman and Broad, g N the developers of the property, and the Villages of La Canada Homeowners Association (HOA) have requested a revision to the Landscape Plan. These amendments would change a portion of the recreation area by replacing a tot lot with a fitness area and by removing the requirement for four parking spaces for the recreation area. Mr. Sinclair reported that staff does not support the amendments to the Landscape Plan as the amendments do not provide recreational facilities for all residents of the subdivision as recommended in the Zoning Code. At the request of Council Member Johnson, Town Manager Chuck Sweet stated that this was not a"stand alone" subdivision but rather a subdivision that was added to an existing large development.develo ment. He stated that due to the strong support for the amendment from the Homeowner's Association and due to the construction of the CDO Riverfront Park and the Multi-purpose Path on Lambert Lane, he did not concur with staff s recommendations. He recommended approval of the proposed amendments to the Landscape Plan. Discussion followed regarding the subdivision being a gated community, the HOA's request, and the recreation area being sized for the 80-unit development. Brian Catts, 10311 N. Possum Run Lane, President of the Villages of La Canada HOA, stated that they take exception to the original plat and have proposed the amendments because of compatibility issues with the existing development and procedural issues. He explained that all common areas in the neighborhood are accessible to everyone. He stated that the size and function of the recreation area in question has been determined by 14% of the homes in the area. He stated that the entire 580 homes in the area would be utilizing the recreation area, not just the 80 Kaufman and Broad homes. Mr. Catts also stated that they are concerned about vandalism and liability in terms of insurance. He explained that they have tried to work with the builder but were told to wait for the landscape plan. However, they were not notified of the landscape plan process. He stated that the tot lot does not fit the neighborhood. 04/18/01 Minutes,Council Regular Session 9 Further discussion followed regarding the fact that there is a single HOA for the entire Villages of La Canada, Title Transfers, vested rights, removal of the four proposed parking spaces, and demographics of the area. MOTION: Council Member Johnson MOVED to APPROVE OV 12-99-001 A Landscape Plan (Recreation Area) Amendment Villages of La Canada VII, Lots 501-580. Council Member Wolff SECONDED the motion. DISCUSSION: Vice Mayor LaSala and Mayor Loomis expressed their concerns and frustrations regarding the lack of recreation areas that are"children friendly" and the missed opportunity by not providing such facilities. Council Member Rochman agreed but he also felt that if 500 plus homes were built and those owners were under the impression that there would not be such facilities available, then he would have to support the motion. Motion carried, 4— 1 with Vice Mayor LaSala opposed. 10. OV12-01-02 GDA SOUTHWEST LLC,DEVELOPMENT PLAN FOR RETAIL SHOPS, LOCATED ON THE SOUTHWEST CORNER OF LA CANADA DRIVE AND NARANJA DRIVE Town Clerk Kathryn Cuvelier reported that the applicants have requested a continuance of Items 10 and 11. MOTION: Council Member Rochman MOVED to CONTINUE Items 10 and 11 to the second meeting in May (May 16, 2001). Council Member Johnson SECONDED the motion. Motion to continue both items carried, 5 —0. 11. OV12-01-02 GDA SOUTHWEST LLC, LANDSCAPE PLAN FOR RETAIL SHOPS, LOCATED ON THE SOUTHWEST CORNER OF LA CANADA DRIVE AND NARANJA DRIVE (SEE MOTION FOR ITEM #10.) TOWN MANAGER'S REPORT No report. CALL TO AUDIENCE No speakers. ADJOURNMENT MOTION: Vice Mayor LaSala MOVED to ADJOURN at 9:00 p.m. Council Member Johnson SECONDED the motion. Motion carried, 5 —0. 1 O Minutes,Council Regular Session 04/18/01 Respectfully submitted, Roxana Garrity,Deputy uty Town Clerk copy of the minutes • are a true and correctp held • the foregoing minutesOro Valley, Arizona I hereby certify thatValleyCouncil of n of the Town of Oro • tin was duly called and of the regular say of further certify that the meeting to a April,2001. I on the_18 _d yp held and that a quorum was present. is day of 2001. Dated this Kathryn E. Cuvelier,CMC Town Clerk B TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEEI'ING DATE: May 2, 2001 TO: HONORABLE MAYOR & COUNCIL FROM: Shirley Seng, Utility Administrator SUBJECT: Acceptance of the Oro Valley Water Utility Commission Annual Report SUMMARY: The Oro Valley Water Utility Commission presented its 2001 Annual Report to the Town Council on April 4, 2001. A joint study session with the Commission was held on April 9th to discuss the report. Commission members and staff clarified different aspects of the report during the study session. Based on the discussion, the report was revised to clarify information contained within the report. A red line version of the annual report is attached for your consideration. Upon the Council's acceptance of the annual report, it will be re-printed and distributed accordingly. FISCAL IMPACT: Acceptance of the report as presented will have no direct fiscal impact. Most of the recommendations contained within the report have revenue and expense implications. These recommendations will be brought to Council for action on an individual basis. ( COMMISSION RECOMMINDATIONS: The Oro Valley Water Utility Commission respectfully recommends that Mayor & Council accept the Oro Valley Water Utility Annual Report dated April 2001 as revised. STAFF RECOMMINDATIONS: Staff concurs with the Water Utility Commission recommendation. ATTACHMENTS: 1. Red line copy of the revised Oro Valley Water Utility Annual Report dated April 2001 SUGGESTED MOTION: I move to accept the 2001 Water Utility Commission Annual Report as revised. Or I move to IL 1 A ,..L.... _ _1.16.1 Utility A dministr.tor W.- \72 Water Utilit ixector Town Manager TOWN OF ORO VALLEY WATER UTILITY COMMISSION ANNUAL REPORT APRIL 2001 REVISED TOWN OF ORO VALLEY WATER UTILITY COMMISSION ANNUAL REPORT APRIL 2001 ORO VALLEY TOWN COUNCIL Paul Loomis, Mayor Fran LaSala, Vice Mayor Richard Johnson, Council Member Bart Rochman, Council Member Werner Wolff, Council Member ORO VALLEY WATER UTILITY COMMISSION Michael Caporaso, Chair Leo Leonhart, Vice-Chair Gordon Byrnes,Member John Dohogne, Member Gregg Forszt,Member Jennifer Gillaspie, Member LaQuita Stec,Member Wendell Yoder, Finance Subcommittee TOWN STAFF Chuck Sweet,Town Manager Alan Forrest,Water Utility Director Shirley Seng, Utility Administrator David Andrews, Finance Director Carolyn Schneider, Customer Service Supervisor Iris Chaparro, Administrative Secretary Ron Kozoman, CPA, Consultant TABLE OF CONTENTS TOWN OF ORO VALLEY WATER UTILITY COMMISSION ANNUAL REPORT APRIL 2001 SECTION TITLE PAGE List of Acronyms i Index of Appendices ii Executive Summary 1 Preferred Scenario 6 Alternative Water Resources 7 Alternative Water Surcharge 8 Tucson Water System Within Oro Valley 9 Conservation 9 Service Area 10 Debt Financing 10 Water Quality 11 Water Supply 11 Revenue Requirements 12 O &M Debt Service Requirements 12 5 Year Capital Improvements Plan 14 Recommendation on Water Rates 15 Financial Summary 18 Alternate Financial Scenarios 19 Conclusion 20 Appendices LIST OF ACRONYMS TOWN OF ORO VALLEY WATER UTILITY COMMISSION ANNUAL REPORT APRIL 2001 LIST OF ACRONYMS USED IN THIS REPORT ADWR Arizona Department of Water Resources CAGRD Central Arizona Groundwater Replenishment District CAP Central Arizona Project CCF One Hundred Cubic Feet (1 ccf = 748 gallons) CDO Canada Del Oro CIP Capital Improvement Plan COLA Cost of Living Allowance EPA Environmental Protection Agency FTE Full Time Employee FY Fiscal Year GOVAC Greater Oro Valley Arts Council GPCD Gallons Per Capita Per Day GPM Gallons Per Minute MCL Maximum Contaminate Level MDWID Metropolitan Domestic Water Improvement District O&M Operations &Maintenance OVWID#1 Oro Valley Water Improvement District#1 OVWU Oro Valley Water Utility pCi/L Picocuries Per Liter µg/L Micrograms Per Liter i INDEX OF APPENDICES TOWN OF ORO VALLEY WATER UTILITY COMMISSION ANNUAL REPORT APRIL 2001 APPENDIX A. Preferred Financial Scenario (Scenario AA7) 1) Assumptions 2) Summary 3) Enterprise Fund 5-Year Projected Net Income Statement 4) Enterprise Fund 5-Year Projected Debt Service Statement 5) Enterprise Fund 5-Year Projected Cash Flow Statement B. FY 2001-02 Projected Income and Cash Flow Statements 1) Water Enterprise Fund 2) Connection Fee Fund 3) Alternative Water Resource Development Fee Fund C. Water Quality 1) Water Quality Monitoring Schedule for Year 2001 2) Water Quality Testing Results D. Water Supply 1) Static Water Level Measurements E. 5-Year Capital Improvements Plan 1) Existing System Improvements 2) Expansion Related Improvements F. Proposed Rate Schedules 1) Proposed Rate Schedules 2) Tables for Monthly Charges G. Alternate Financial Scenario (Scenario AA3) 1) Assumptions 2) Summary 3) Enterprise Fund 5-Year Projected Net Income Statement 4) Enterprise Fund 5-Year Projected Debt Service Statement 5) Enterprise Fund 5-Year Projected Cash Flow Statement 6) Table for Monthly Charges a II H. Utility Statistics for Calendar Year 2000 r • ii EXECUTIVE SUMMARY TOWN OF ORO VALLEY WATER UTILITY COMMISSION ANNUAL REPORT APRIL 2001 INTRODUCTION In October, 1996 the Oro Valley Town Council (Mayor and Council) formed the Oro Valley Water Utility Commission (Commission) to act as the official advisory body to the Mayor and Council regarding water related issues. The functions and duties of the seven member commission include reviewing and developing recommendations for water revenue requirements, water rate and fee structures, and water system capital improvement planning. The Commission is required to prepare an annual report to the Council regarding its recommendations. This report is the Commission's fourth Annual Report. It includes recommendations related to establishing a conservation program, debt financing, regulatory requirements, revenue requirements, system operations and maintenance requirements, debt service requirements, a five-year capital improvements plan, rate adjustments and alternative water supply strategies. This Executive Summary contains a briefing on the implementation of the recommendations presented in the 2000 Annual Report. It also contains a briefing on new recommendations specific to water issues facing the Town in FY 2001-2002 and beyond. Explanations and financial analyses that are more detailed may be found in the body of the report and the Appendices. The main body of the report presents details related to the Commission's preferred scenario. For comparison purposes, a section describing other alternatives is presented at the end of the report. IMPLEMENTATION OF THE 2000 REPORT RECOMMENDATIONS • Water Rates: The rates recommended by the Commission were adopted by Mayor and Council in July 2000. Implementation of the new rates provided a 6.74% revenue increase resulting in a 3.4% rate increase for the average residential customer. In addition, the rates for all customer classes were equalized. • Alternative Water Resources: The renewable water resources subcommittee presented its final report to Mayor and Council in October 2000. The report identified a range of alternative strategies for delivering renewable sources of water based on the use of CAP water or reclaimed wastewater from various sources. Nine alternatives were developed using demand projections for both turf and potable uses. The subcommittee selected a preferred alternative based on raw CAP water for turf irrigation and a blend of conventionally treated CAP water and groundwater to meet potable demands. A second alternative was also recommended. It involved using reclaimed wastewater for turf 1 irrigation and either blending conventionally treated CAP water and groundwater or purchasing additional potable water from the City of Tucson. Implementation of the recommended alternatives will be an on-going project that will span a number of years. • Tucson Water System within Oro Valley: Mayor and Council, along with staff, have continued discussions with the City of Tucson regarding the acquisition of its assets and customer base that are located within the Town of Oro Valley town limits. Although other issues being negotiated with Tucson have taken priority over this issue, staff and Town officials will continue to work toward a final agreement with Tucson to acquire this service area. • Conservation: The initial conservation program recommended by the Commission was accepted by the Mayor and Council as a component of the 2000 Annual Report. The water conservation newsletter, Oro Valley Water Ways, was launched in September and is included in water bills every other month. The utility obtained membership in the Water Conservation Alliance of Southern Arizona(Water CASA) in October and realized immediate benefits as a member. Water CASA provided the utility with welcome packets and conservation retro-fit devices to be given to customers at no charge. Oro Valley will also have the opportunity to join in conservation-related workshops sponsored by Water CASA. • Service Area: It was the intent of the Commission to make recommendations concerning the development of policy statements regarding the expansion or reduction of the utility's service area. As of this writing, they have not yet addressed this issue. • Debt Financing: During fiscal year 2000/2001, Town Council approved two bond issues to finance capital improvements. In order for the utility to have the growth-related infrastructure in place prior to the demand being placed on the system, the only viable option was to finance the capital costs. The debt will be repaid with impact fees collected after building permits have been issued and water meters are purchased. It is anticipated that the bonds will be repaid prior to the assumed eight year projection. The second bond issue was to find $5.4 million in existing system improvements. and $5 -- . - - • , : - .. . • . . . .. This debt will be repaid with water sales revenue over a projected twenty year time frame. Financing of these capital costs have enabled the utility to keep the revenue increases at seven percent (7%) as projected last year. • Water Quality: During this past year, the utility implemented a system-wide continuous disinfection program. As a result, the last occurrence of a Total Coliform violation was in January 2000, which was prior to inception of the disinfection process. Although the utility has realized increased O&M costs related to disinfection, staff believes that the quality of water provided to its customers has improved. Water quality issues relating to radon and arsenic became focal points for water providers locally as well as nationally. The EPA was proposing to set an MCL of 300 pCi/L for 2 levelsgreater than 300 Ci/L in water served the public would require radon, thus p t In February2000, staff presented the Mayor and Council with a Radon treatment. Assessment Studyprepared bythe consulting firm WestLand Resources, Inc. The report sp p detailed proposed regulations osed re lations and their impact to the Town, existing radon levels in the wells potential solutions in the event the EPA was successful in passing the utility's and proposed o ed re ulations. The EPA's proposed MCL and their research supporting the regulations. changeTo created a tremendous amount of controversy on a national level. date, there has been no official ruling on the proposed MCL for radon. Emphasis on radon diminished while the EPA's final ruling on arsenic levels became the new controversial focalp oint. Based on the most recent test results, the water pumped from the utility'ssignificantly wells is si nificantly less than the revised MCL of 10 µg/L. The rY analysis's statement of anal sis indicated no-detect for all wells, thus the utility will not be required to treat for arsenic. Complete water quality data is provided in Appendix C. • Water Supply:1 : Pursuant to the utility's standard operating procedure, the utility completed their static water level measurements in February. The measurements indicate an average decline of 5.26 feet since February 2000. Static water level information for individual wells is provided in Appendix D. NEW RECOMMENDATIONS FOR FY 2001/2002 • Water Rates, Revenue Requirements, O&M and Debt Service Requirements and the 5-Year CEP: Based on the analysis of 5-year projected expenses and required revenue detailed in the body of the report and the appendices, the Commission recommends the following rate structure: ❖ It is recommended that the existing three-tier rate structure be modified to further promote conservation. • The monthly base rate is recommended to increase to $12.00 and up to $1200.00 per month depending on the meter size and will include the first 1,000 gallons of water used. Customers with a 5/8" x 3/4" meter would realize an increase of 75 cents per month under this proposal. •'• The Tier 1 commodity rate is recommended to increase to $1.90 per each 1,000 gallons after the first 1,000 gallons used and up to 10,000 gallons. This represents an increase of 12 cents. ❖ The usage in Tier 1 is recommended to change from 0 - 8,000 gallons to 0 - 10,000 gallons. 3 4* The Tier 2 commodity rate is recommended to increase to $2.35 per each 1,000 gallons for usage between 10,001 - 25,000 gallons. This represents an increase of 27 cents. •'• The usage in Tier 2 is recommended to change from 8,001 - 16,000 gallons to 10,001 - 25,000 gallons. + The Tier 3 commodity rate is recommended to increase to $3.00 per each 1,000 gallons for all usage over 25,000. This represents an increase of 69 cents. + The usage in Tier 3 is recommended to change from all usage over 16,000 gallons to all usage over 25,000 gallons. + The wholesale rates will be set the same as a standard 6" meter. • Alternative Water Resources: As the Town moves toward implementation of the Phase I project (alternative water for golf courses), work will commence to finalize routing studies, evaluate institutional factors, pursue regional partnerships, and explore financing alternatives. A critical element in implementation will be public education and information on alternative water issues and how they impact each consumer. Accomplishment of these tasks will be extremely complex. It will involve negotiations with multiple entities for water rights; partnerships for infrastructure development; and quite possibly legislative actions. Although all water providers in the region have the same concerns about meeting projected demands and ADWR compliance regulations, each provider has different time requirements, financing capabilities, source uses and ideas on what is considered acceptable water quality. • Alternative Water Surcharge: The Commission recommends that the utility establish an alternative water surcharge. As all consumers will ultimately benefit from the future use of an alternative water source, it is recommended that every water user pay their fair share of the cost to bring the water to the Town. The Commission will include this issue in their work plan for FY 2001-02. • Tucson Water System Within Oro Valley: The Commission recommends that the Mayor and Council continue to pursue negotiations on the acquisition of the water production and delivery system serving residents of the Town who are currently customers of Tucson Water. • Conservation: The Commission recommends that the utility continue to improve and expand their conservation efforts. Continued membership in the Water CASA will provide ample opportunities for the utility to join in conservation-related workshops and share in the benefits from other programs sponsored in part by Water CASA, the ADWR and the U.S. Bureau of Reclamation. Some of the opportunities include: graywater workshops, Arizona WET (Water Education for Teachers), Water on the Web (WOW) and xeriscape contests. These programs not only benefit the utility, but they allow 4 members of the community to participate in water conservation efforts that ultimately affect the entire Town. • Service Area: The Commission recommends that policy statements regarding service area expansion and reduction be developed as part of the FY 2001-02 Commission work plan and forwarded to Mayor and Council for consideration. • Debt Financing: The Commission recommends that, if at all possible, the utility should finance capital improvements on a"pay as you go" basis. However, if doing so creates a rate increase that is unreasonably high, the utility should then consider available financing options that would allow the utility to construct necessary improvements, repay the debt over a period of time and maintain reasonable rate increases. • Water Quality: Water quality issues must continue to receive high priority; therefore, the Commission recommends that staff stay abreast of legislative changes regarding water quality issues. In doing so, the staff will be in a position to be proactive instead of reactive when a change in regulation impacts the utility. The Commission reiterates its recommendation that the utility implement a public education program to address changes in EPA regulations as they arise on different contaminants. • Water Supply: As water levels continue to decline, the priority placed on water supply increases. The pending acquisition of 4454 acre feet of CAP water from the City of Tucson is a major step, but still leaves the utility short of projected demands. Acquisition of effluent rights is also an important element in the utility's future water supply. The Commission recommends that the Town pursue all avenues to obtain water rights necessary to meet projected demands at build-out. The Oro Valley Water Utility Commission is proud to serve the Mayor and Council and citizens of the Town of Oro Valley. We are pleased to present our Annual Report to the Mayor and Council for consideration. While much has been accomplished in the past year, the Commission looks forward to direction from Mayor and Council regarding those items mentioned in the Executive Summary and detailed in the Report. We thank the Mayor and Council for their consideration, direction and guidance. 5 TOWN OF ORO VALLEY WATER UTILITY COMMISSION ANNUAL REPORT PREFERRED FINANCIAL SCENARIO The Commission has arrived at a recommendation that adheres to the sound financial criteria developed for the 1998 Annual Report. Described below, the preferred financial scenario (Scenario AA7) also incorporates the elements of the other recommendations detailed in this report. The Commission and staff performed extensive analysis of numerous scenarios prepared by a rate consultant at their direction. To enable the Commission to more fully understand the long term effect of identifiable future variables that impact the Utility's financial resources, estimates for revenue, O&M, capital expenditures and debt service have been forecast for a period of five years. Examples of major future expenses with varying long term impacts are: costs incurred with membership in the CAGRD; lost revenue from the removal of golf courses from groundwater; costs for necessary capital improvements to the water system; growth factors; and debt service. Every effort has been made to employ the most accurate available data and reasonably conservative assumptions in the analysis of future financial requirements. The Commission developed a set of parameters for the rate consultant to use in developing the preferred scenario. The parameters used for Scenario AA7 are as follows: • Revenue increases are proposed only when necessary and in an amount no more than necessary. • Projected expenditures were adjusted for inflation, additional personnel, O&M, debt service and existing system improvements. • Financial criteria established in 1998 must be met, setting the foundation for sound fiscal operation. • The capital improvements to the existing system in FY 01-02 will be financed by bond funds. • The acquisition of 4454aeref e*ofCAP water rights will be financed by bond funds. • Golf courses are expected to be removed from groundwater over a period of years commencing in FY 04-05. • Revenue projections include a residential customer growth factor of 792 in FY 01-02 and 700 connections per year thereafter. The FY 01-02 figure was projected based on anticipated growth for FY 00-01. The figure for subsequent years is a conservative estimate developed from historical data. • Expansion related revenue and expenditures are not considered for purposes of establishing rates. They are discussed separately in the report. 6 Revenue increases occur in each of the 5 fiscal years in Scenario AA7 projections. These increases allow the Utility to anticipate changes in the future revenues and expenditures as described at the beginning of this section, including the loss of revenue when the golf courses are phased off of groundwater. In order to decrease reliance on golf course revenues for operations, Scenario AA7 includes setting aside the additional revenues that the golf courses will pay as a result of any rate increase. The "set aside" is recommended to be earmarked for special use in developing renewable water resources for use on golf courses in Oro Valley. Scenario AA7 proposes generating needed revenue from an increase to the monthly base rate and modification of the existing 3-tiered conservation rate structure. Projections in years 4 and 5 include decreases in revenue when golf courses are no longer served groundwater. However, the utility will receive revenue from providing the golf courses an alternative source of water. The Town has not yet determined whether it will be providing CAP water or effluent for golf course irrigation. There are different costs associated with each water source and the infrastructure required to bring the water to the Town. As a result, it is difficult to project what revenue will be realized from providing an alternative water source to the golf courses, therefore, revenue projections relating to alternative water have not been included in Scenario AA7. The data for the 5 year projections assumes that both personnel and related costs will increase 5% annually and the O&M costs are assumed to increase 3% annually. Allowances have been included for power costs and increases in depreciation relating to the addition of new plant. CAP and recharge costs are scheduled to increase; however, the costs are established by state agencies over which the Town has no control. Interest and principal payment on outstanding bonds will also increase over the 5 year period. The FY 2001-02 projected Income Statement, Debt Service Statement and Cash Flow Statement for Scenario AA7 may be found in Appendix A. Financial analysis of Scenario AA7 indicates that it meets all of the required financial criteria. Retained earnings maintain a positive value and the net income of the Utility does not reflect a loss for more than two consecutive years. Additionally, the net revenues provide debt service coverage in excess of 1.25 times the annual debt service as required by the bond covenants and depreciation is fully recovered by the rates. The total cash reserves are maintained in excess of 15%of the expected cash outlays. ALTERNATIVE WATER RESOURCES Alternative water resources continue to maintain a priority status for the Town. As of this writing, the Town is finalizing negotiations with the City of Tucson to purchase 4454 acre feet of CAP water rights. This acquisition is expected to would give the Town an total allocation of 6748 approximately 7000 acre feet. Staff is also negotiating with Tucson for rights to the effluent that is produced within the Town. Further, Oro Valley is anticipating the acquisition of an additional 3557 acre feet of CAP water based on ADWR's recommendation to reallocate over 65,000 acre feet for municipal and industrial purposes. The renewable water resources report projects the Town's water demand will be 17,384 acre feet by the year 2030. Efforts will be on-going to acquire the necessary water rights to meet this demand. The Commission recommends that staff proceed with preliminary engineering/design work for the on-site renewable water distribution system for golf courses. Costs for this specific phase of removing golf courses from groundwater will not be shared with any other jurisdiction. Funds for preliminary engineering and/or design are available in the alternative water resource development impact fee fund. As the Town moves toward implementation of the off-site distribution system, work will commence to finalize routing studies, evaluate institutional factors, pursue regional partnerships, and explore financing alternatives. Accomplishment of these tasks will be extremely complex. It will involve negotiations with multiple entities for water rights, partnerships for infrastructure development, and quite possibly legislative actions. The utility has been working cooperatively with other water providers in the region to utilize renewable supplies. There have been discussions regarding the formation of a "regional district" to finance and operate the facilities for distribution of renewable water supplies. However, there is currently no legislation that authorizes the formation of this type of district. In order for Town residents to understand the Town's commitment to removing golf courses from groundwater, it will be essential to provide public forums as a means of education and information dissemination. The Commission reiterates its recommendation that extensive public relations efforts must be undertaken to assist the Council in understanding the desires of the residents as well as informing the residents of what must be done to preserve our groundwater for future generations. The alternative water resource development impact fee fund balance is estimated to be $1,700,000 by June 30, 2002. This revenue is to be used solely for alternative water resource issues and/or resulting capital expenditures. A cash flow statement and income statement are included in Appendix B. ALTERNATIVE WATER SURCHARGE The Commission recommends that the utility establish an alternative water surcharge to help finance the necessary infrastructure. As all consumers will ultimately benefit from the future use of an alternative water source, it is recommended that every water user pay their fair share of the cost to bring the water to the Town. Due to the complex nature of establishing a realistic charge for relatively uncertain infrastructure,the Commission has chosen to work on this rate apart from the regular water rates. The Commission will include this issue in their work plan for FY 2001-02. 8 TUCSON WATER SYSTEM WITHIN ORO VALLEY Town staff has continued negotiations with the City of Tucson in an effort to acquire the Tucson Water service area within the town limits. The Commission supports the objective of the Town being the sole water provider to all Oro Valley residents. However, any such effort must be made on sound financial principals. The Commission recognizes that it may be impractical to have its water service area match exactly with its political boundaries, but has a concern about expanding the service area to include customers in outlying areas that are not residents of the Town. As staff moves forward in their negotiations with the City of Tucson, the Commission looks forward to providing Mayor and Council with formal recommendations on the issues involved. CONSERVATION An ongoing conservation program can provide customers with information to assist them in understanding the importance of conserving water. The Commission recommends that the utility continue to improve and expand their conservation efforts. The O&M expenditures for conservation are proposed to increase by $15,000 for a total of$35,000 in FY 2001-02. This will allow the utility to continue its membership in Water CASA and to continue publishing the conservation newsletter bi-monthly. In addition, the utility will expand the educational materials to include the purchase of workbooks, activity books and crayons for students; coordinate with GOVAC for booths at Town events to distribute information and educational materials; invite other departments to participate in the conservation program; utilize the new library as a distribution site for conservation materials; allow Commission members and staff to attend workshops and/or training seminars; and continue to modify the conservation rate structure. As part of the on-going conservation program, it is the intent of the Commission to evaluate the possibility of either offering incentives for the installation of hot water re-circulating pumps or requiring by Town ordinance installation of hot water re-circulating pumps during construction of new homes. Use of hot water re-circulating pumps is estimated to save 15,000 gallons of water per year per residence. The Commission also recommends monitoring of the average annual usage of residential customers to evaluate the effectiveness of the conservation program. The Commission reiterates its recommendation that a long-range conservation program be established to provide objectives and guidelines to minimize the decline of groundwater levels and to ensure that the Town of Oro Valley has established codes where necessary for the protection of our water resources and the enforcement of regulations. The following are proposed issues to be reviewed by the Commission in future years: • Evaluation of a full-time staff position to follow-up and maintain the conservation program to: a) target commercial and public facilities and b) assist with information and on-site visits/audits 9 • Evaluation of the cost of toilet and front-loading washing machine rebate programs • Monitoring and maintaining water infrastructure on a Town-wide basis in a manner that will set an example of conservation for our customers • Review of existing plumbing codes to identify which conservation oriented modifications may be in need of change • Review existing codes and/or ordinances for misuse of water resources, fines for water theft, indoor and outdoor water use • Evaluate the cost of a mobile landscape/irrigation unit to audit irrigation systems for residents via obtaining sponsorship for unit • Review of ADWR regulations and enforcement of the Town's GPCD • Review water supply issues related to the Town's assured water supply designations and replenishment requirements through the CAGRD • Objectives and guidelines to minimize the decline of groundwater levels • Research alternative funding sources (i.e. grants) It is the intent of the Commission to include these issues in the work plan for FY 01-02 as well as futurey ears. The Commission looks forward to returning to Mayor and Council with specific recommendations regarding proposed programs. SERVICE AREA Although the Commission had not addressed the recommendations in the last annual report,they supported orted the Town's decision to transfer to the Town of Marana that portion of the Countryside service area that lies within the Marana town limits. As of this writing, the intergovernmental agreement between Oro Valley and Marana is being finalized. Oro Valley g will receive funds for each lot, as it is developed, to make payments on the bonds sold in 1996 when the Town acquired the service area. The Commission reiterates its recommendation that policy statements be developed regarding the expansion or reduction of service area. It anticipates that, from time to time, g g the Mayor and Council will have the opportunity to consider changes to the OVWU service area. The Water Code sets forth certain procedures relative to this possibility but lacks the criteria by which such a request would be evaluated. It is the intent of the Commission to include this issue in their work plan for FY 01-02 and return to Mayor and Council with specific recommendations regarding changes to the Water Code and the Water Policies of the Mayor and Council. DEBT FINANCING In the recentp ast,the cost of infrastructure requirements were such that the utility was unable to construct the plant on a"pay as you go" basis without proposing excessive rate increases. The Commission realizes that this situation may arise periodically in which case they support 10 financing to avoid unnecessary rate increases. However, the Commission strongly recommends that, if at all possible, the utility finance capital expenditures on a "pay as you go"basis. WATER QUALITY In accordance with EPA regulations, the utility published its annual Consumer Confidence Report and distributed it to all existing customers. The utility has also continued to distribute the report to all customers who have moved into the service area since the report was originally mailed. The report contains mandatory language on specific contaminants, bottled water, health effects related to contaminants, and a listing of all contaminants detected in the utility's water supply that exceeded the MCL during the prior year. A complete list of contaminants that the utility tests for and the most recent test results may be found in Appendix C. Water quality issues must continue to receive high priority; therefore, the Commission recommends that staff stay abreast of legislative changes regarding water quality issues. In doing so, the staff will be in a position to be proactive instead of reactive when a change in regulation impacts the utility. The Commission reiterates its recommendation that the utility implement a public education program to address changes in EPA regulations as they arise on different contaminants. WATER SUPPLY Static water level measurements taken in February 2001 revealed an average decline of 5.26 feet since February 2000. Detailed information on individual wells may be found in Appendix D. The groundwater level declines cannot solely be attributed to growth or golf courses. The lack of substantial natural recharge due to minimal snow and rainfall can be a major factor for the decline in groundwater levels. The Commission believes that the overall decline in water levels should be one of the key factors driving the need to obtain and deliver an alternative source of water for golf course irrigation. The pending acquisition of 4454 Acre feet of CAP water from the City of Tucson is a major step, but still leaves the utility short of projected demands. Acquisition of effluent rights is also an important element in the utility's future water supply. The Commission recommends that the Town pursue all avenues to obtain water rights necessary to meet projected demands at build-out. 11 REVENUE REQUIREMENTS Water Utility Enterprise Fund: The Commission and Town staff, in conjunction with a rate consultant, analyzed the revenue and cash flow requirements necessary to operate and maintain the system, fund needed capital improvements and make debt service payments on the water system acquisition bonds, OVWID bonds and those sold earlier this year for existing system improvements. Revenues and cash flows were projected for FY 2001/02 based on anticipated annual growth in customer base of 792 residential customers and water consumption patterns similar to FY 1999/00. Projected operating expenses were developed by the water utility staff. Capital expenditures will be funded with depreciation and bond funds. The following table indicates the amount of water sales revenue that would be realized by a 7% revenue increase(Scenario AA7), and increased service connections of 792: FY 2000/2001 FY 2001/2002 Dollar Revenue Estimate Revenue Projection Increase $6,304,700 $7,154,295 $849,595 No adjustments to service fees and charges are necessary at this time; however, the Commission recommends that the service fees and charges continue to be reviewed on an annual asis. Connection Fee Fund: In October of 2000, Mayor and Council approved the sale of$6,770,000 in bonds to finance growth-related infrastructure over the next three years. The bonds will be repaid from impact fee revenue. It is anticipated that future grow-related infrastructure will also need to be financed so that the plant can be constructed prior to customer demand on the system. Estimated income and cash flow statements may be found in Appendix B. The five-year CIP may be found in Appendix E. Alternative Water Resource Development Fee Fund: These fees have not increased since they were originally adopted by Council in 1996. To date,there have been no capital expenditures from this fund. However, fees for professional services and feasibility studies relating to alternative water issues are paid from this fund. The Commission recommends reviewing infrastructure costs on the alternatives presented in the Renewable Water Resources Report to substantiate the existing fee or justify increasing the fees in an amount that would aid in the repayment of financing for required infrastructure. An estimated cash flow and income statement may be found in Appendix B. O & M AND DEBT SERVICE REQUIREMENTS Because of the timing of the preparation of this report relative to the Town's budgeting process, the Commission recognizes that both *ie projected revenues and the projected 12 expenses mayneed to be revised. The amounts shown below and used in the financial analysis maydiffer from those included in the Department Budget Request and the Manager's Budget Review because of the availability of more recent and reliable information. The Commission understands that OVWU staff, the Town Manager and the Council � will adjust expenses to fit the final estimate of revenues based on the action of the Town Council on the rate structure for FY 2001/2002. The followingtable is a comparative summary of expenses and debt service requirements for p the water utility enterprise fund. Budgeted amounts for FY 2000/01 are compared to the � projected expenses for FY 2001/02 used in the financial analysis: OVWU FY 2000/01 FY 2001/02 Change Expenses Budget Projected Increase(Decrease) Personnel $1,199,576 $1,303,087 $103,511 0 & M $1,864,233 $1,857,018 ($ 7,215) C.A.P. $ 314,950 $ 402,700 $ 87,750 C.A.G.R.D. $ 48,000 $ 113,000 $ 65,000 Deprec. & Amort. $1,377,200 $1,710,352 $333,152 Interest Payments $2,061,911 $1,763,956 ($297,955) Principal Pmts. $ 636,259 $ 995,954 $359,695 Totals $7,502,129 $8,146,067 $643,938 The p request for operations and maintenance costs reflect, among other items, increased q expenses for electrical power for pumping, water recharge costs, excess groundwater p withdrawal fees, capital costs for additional CAP allotment, water quality testing, chemicals for disinfection, lant and equipment repairs. The overall decrease in O&M is a result of a p reduction in projected outside professional services. It has been assumed that with the addition of an engineer, the utility could perform many of the tasks in-house that have previously been contracted for. Some costs are fixed by outside agencies with no control by p y the Town. Others may be subject to change as the iterative process of budget development is completed. Principal and interest payments reflect debt service pursuant to bond repayment schedules for the bonds related to OVWID#1, bonds related to the original acquisition of the utility, and for the recent bond issue to fund existing system improvements and acquisition f^^`^ Acre feet of CAP water rights. The decrease in interest payments results from an over estimate of interest on the proposed bond issue during FY 2000/01. More reliable information has since become available from the bond underwriters. Projected FY 2000/01 personnel costs would be increased to fund routine salary increases (COLA & merit). The projected personnel costs also include three additional full time employees and the reclassification of one position. The estimated growth of 792 connections is estimated to require an additional two FTEs to provide services to these customers. The third proposed FTE will perform engineering tasks that have been contracted for in the past, thus reducing O&M costs for outside professional services. 13 For reference, the following table provides current employee to customer ratio comparisons with other cities, towns and water utilities within the State of Arizona. As shown in the table, Oro Valley Water Utility is projected to have 1 employee for every 544 customers at the end of the current fiscal year. When fully staffed at the end of the next fiscal year, the OVWU is projected to have available 1 employee for every 517 customers. The average ratio for those entities surveyed is 1 employee for every 372 customers. Municipality or Number of Number of Employee to Water Utility Employees Customers Customer Ratio Cave Creek, City of 8 1,700 1:213 Marana Water 5 1,200 1:240 Metro Water Dist. 54 16,500 1:306 Tucson, City of 588 190,000 1:323 Douglas, City of 16 5,800 1:363 OVWU 6-30-02 31 16,036 1:517 OVWU @ 6-30-01 28 15,244 1:544 Bella Vista Water 12 6,675 1:556 Avondale, City of 18 10,000 1:556 Green Valley 16 9,000 1:563 Prescott, City of 27 15,875 1:588 Kingman, City of 22 14,000 1:636 Lake Havasu, City 33 21,600 1:654 5 YEAR CAPITAL IMPROVEMNTS PLAN (CIP) The Oro Valley Water Utility Commission, in conjunction with staff and engineering consultants, undertook extensive analysis to develop a 5 year Capital Improvements Plan for the water enterprise fund and the connection fee fund. Improvements detailed in the plans include machinery, equipment, vehicles, wells, booster stations, reservoirs, fire hydrants, mains and structures. Both capital improvement plans identify essential system improvements through FY 2005/06. The potable water system master plan was a critical tool used in the identification of necessary improvements and the related costs. Recommended projects to be funded will be itemized in the water utility budget and the connection fee budget respectively. Funding sources for existing system improvements include water rates and bond proceeds that will be repaid with water sales revenue. The funding source for expansion related improvements are bond proceeds that will be repaid with impact fees. The figure shown for existing system improvements in FY 01/02 includes approximately $5,000,000 in projects that were originally slated for construction this fiscal year. The engineering and design of those projects is essentially complete; however, due to unexpected delays in acquiring the land, they will not be completed until FY 01/02. 14 The following table summarizes total amounts by year for each plan: 5 Year C.I.P. FY 01/02 FY 02/03 FY 03/04 FY 04/05 FY 05/06 Total Existing System $ 7,816,000 $3,418,000 $3,040,750 $2,613,000 $ 428,000 $17,315,750 Expansion Related $ 2,684,500 $2,216,250 $1,422,500 $3,921,250 $4,261,250 $14,505,750 Total $10,500,500 $5,634,250 $4,463,250 $6,534,250 $4,689,250 $31,821,500 The improvements slated for FY 2001/02 include 3.2M gallons of reservoir capacity, completion of 2 replacements wells and 1 new well, 3 new booster stations, upgrades to existing booster stations and the installation of approximately 23,000 feet of water mains. These improvements increase service levels to customers by providing extra capacity to meet peak demands and fire flow requirements. Details of the Capital Improvement Plans may be found in Appendix E. As the Town moves toward implementation of alternative water sources for turf irrigation, the Commission recommends that the utility develop a CIP for the on-site and off-site distribution systems with the understanding that it may change as issues with the proposed alternatives are resolved. RECOMMENDATION ON WATER RATES The Commission recommends increasing the monthly base rate and modifying the existing 3- tier commodity rate to further encourage water conservation and to provide the revenue necessary to meet projected expenditures. The proposed modification to usage thresholds in the 3-tier commodity rates will provide more competitive rates with regional utilities like Tucson Water and MDWID. A 7% revenue increase for the preferred financial scenario (Scenario AA7) is proposed to be accomplished via the following changes: • The monthly base rate is recommended to increase to $12.00 and up to $1,200.000 per month depending on the meter size and will include the first 1,000 gallons of water used. Most residential customers have a 5/8" x 3/4" meter and will realize an increase of 75 cents per month in the base rate. • The Tier 1 commodity rate is recommended to increase to $1.90 per each 1,000 gallons after the first 1,000 gallons used and up to 10,000 gallons. This represents an increase of 12 cents per 1,000 gallons. • The usage in Tier 1 is recommended to change from 0-8,000 gallons to 0-10,000 gallons. 15 • The Tier 2 commodity rate is recommended to increase to $2.35 per each 1,000 gallons for usage between 10,001 -25,000 gallons. This represents an increase of 27 cents per 1,000 gallons. • The usage in Tier 2 is recommended to change from 8,001-16,000 gallons to 10,001-25,000 gallons. • The Tier 3 commodity rate is recommended to increase to $3.00 per each 1,000 gallons for all usage over 25,000 gallons. This represents an increase of 69 cents per 1,000 gallons. • The usage in Tier 3 is recommended to change from all usage over 16,000 gallons to all usage over 25,000 gallons. • Threshold points established for all tiers will depend on the meter size and are detailed in Appendix F. The threshold point for golf courses is recommended to be set equal to the volume of their annual allotment as determined by ADWR. • The wholesale rates will be set at the same rates for a standard 6"meter. The recommended rate structure yields a 7% overall revenue increase for FY 01-02 operations. The amount of revenue available for operations does not include the amount that has been 'set-aside'. The source of this `set-aside' is the incremental revenue from the golf courses generated from the rate increase applied to their consumption over and above their ADWR allotment. The Commission recommends that this `set-aside' amount be reserved for renewable water resource uses in an effort to reduce the dependency on golf course revenues. The proposed revenue increase would allow the utility enterprise fund to meet sound financial criteria regarding the operations of a municipal utility while costs keep pace with inflation, growth issues are not ignored, infrastructure is replaced as it is worn out and the level of service to the customer improves. The following table illustrates the proposed changes for a typical residential customer with a 5/8"x 3/4" meter. Other water providers in the region are included for comparison. Water Provider Monthly Tier 1 Tier 2 Tier 3 Base Rate Commodity Rate Commodity Rate Commodity Rate OroValley Current 11.25 1.78 2.08 2.31 OroValley Proposed 12.00 1.90 2.35 3.00 MDWID 11.50 2.08 2.77 3.48 Marana 14.00 2.55 2.55 2.55 Tucson 5.35 1.33 2.99 3.87 Oro Valley Water Utility includes 1,000 gallons in its base rate while MDWID and Marana include 2,000 gallons. Tucson Water's base rate includes 2ccf which is the equivalent of 16 1,496 gallons. A table providing proposed rates for all OVWU meter sizes may be found in Appendix F. Appendix F also contains several spreadsheets that calculate the dollar increase and the percentage increase that a customer would experience on a monthly bill under the proposed rate change. Monthly bill amounts are calculated in 1000 gallons for the 5/8" x 3/4" meters and a variety of increments for larger meter sizes. Scenario AA7 recommendations result in changes to monthly base rates between $0.75 and $75.00 depending on meter size. The increase to all meter sizes is 6.7%. The average consumption for customers with a 5/8"x 3/4" meter is approximately 8,000 gallons per month. A cost of service study was not performed this year. The Town's finance director and its rate consultant agreed that the study did not need to be performed annually. The past rate increases have been minimal and the O&M costs have only increased moderately resulting in slight changes to the rate of return over that the last several years. However, it is recommended that a cost of service study be done every two to three years. The analysis last year indicated that, utilizing a `demand concept', the current monthly base rate was still understated ($11.25 vs. $28.74). Thus the proposed increase of$0.75 in the base rate will have little impact on cost recovery. The OVWU will still be primarily reliant on commodity sales for revenue to operate. As the utility continues the process of gradually increasing the base rate, its operations will become more insulated from the impact of fluctuating water sales influenced by climate as well as the removal of golf courses from groundwater. The modification of the 3-tiered rate structure will further encourage water conservation of the utility's customers whereby usage in excess of the annual average usage for each customer class is penalized with higher rates. The Commission's recommended rate design is intended to encourage voluntary conservation practices. For comparison purposes,the following table provides a calculation of a monthly bill amount for a 5/8"x 3/4" meter for several of the other water utilities surrounding the Oro Valley Water Utility service area. Direct comparison of raw base rates and raw commodity rates is not effective because of the varying rate structures of each utility. The best way to compare is to calculate the cost for certain consumption levels. Cost for Cost for Cost for Cost for Water Utility 8,000 Gallons 16,000 Gallons 26,000 Gallons 40,000 Gallons Oro Valley Current 23.71 40.35 63.45 95.79 Oro Valley Proposed 25.30 43.20 67.35 109.35 MDWID 23.98 41.21 69.72 118.44 Marana 31.85 52.25 77.75 113.45 Tucson 16.92 41.74 85.87 175.08 17 In order to avoid increasing reliance on golf course revenues for operations, Scenario AA7 includes setting aside the additional revenues that the golf courses will pay as a result of any rate increase (monthly base rate or conservation). The 'set aside' is recommended to be earmarked for special use in developing renewable water resources for use on golf courses in Oro Valley. For FY 2001-02,the 'set aside' amount is projected to be $59,540. As previously described, the proposed revenue increase for Scenario AA7 would allow the utility enterprise fund to meet sound financial criteria regarding the operations of a municipal utility while costs keep pace with inflation, growth issues are not ignored, infrastructure is replaced as it is worn out and the level of service to the customer improves. FINANCIAL SUMMARY Retained earnings is the cumulative measure used by enterprise funds to determine the amount of earnings remaining after expenses are deducted from revenues since the inception of operations. For Scenario AA7, the following table represents the estimated retained earnings at June 30, 2002: 7/1/2001 6/30/2002 Estimated Net Income (Loss) Projected Retained Earnings Retained Earnings $3,112,650 $442,982 $3,555,632 The utility is projected to have positive retained earnings of $3,555,632 at the end of FY 2001-02 under the preferred scenario. Maintaining positive retained earnings is an important element of the financial criteria used to guide staff in arriving at proposed revenue increases. The retained earnings accumulated since 1996 has reached a significant balance given the utility's goal of matching revenue and expenses to operate at a "break even" point. The capital improvements needed to deliver service levels adopted with the master plan far exceed the accumulated depreciation. In addition, depreciation funds are used to meet debt service requirements on bond financed capital projects. Rates have been increased to allow the utility to maintain a positive cash flow when golf courses are removed from groundwater and to provide contingency funds for emergency repairs. These have contributed to the retained earnings balance. Another contributing factor is approximately $432,000 in equity obtained from the dissolution of the IGA between Oro Valley and MDWID in FY 98-99. Also in FY 99-00, actual growth exceeded the projections which was accompanied by a drier climate that produced considerably more revenue than anticipated. As this cash is used to finance capital improvements, the retained earnings balance will decrease. 18 Cash flow is an analysis of all changes that effect the cash account. The following table reflects the estimated cash balances at June 30, 2002: 7/1/2001 6/30/2002 Estimated Change in Cash Balance Projected Cash Balance Cash Balance $11,792,146 ($6,718,160) $5,073,986 The cash balance is estimated to decrease by $6,718,160 at the end of FY 2001-02. The projected cash decrease is largely attributable to the use of bond funds for capital improvements and cash payments for additional debt service. Appendix B contains estimated income and cash flow statements and a comparison of funding requirements with projected revenues for the utility enterprise fund for FY 01-02. Estimated income and cash flow statements for the connection fee fund and the alternative water resources development fee fund are also included in Appendix B. ALTERNATE FINANCIAL SCENARIO Appendix G presents alternate financial projections to allow for a comparison with the preferred scenario (Scenario AA7). The financial criteria used to evaluate the financial soundness of a proposed revenue and expense scenario was applied to this alternate scenario. The conclusion of that analysis was that it did comply with the guidelines of the financial criteria and could be considered a valid option. Alternate financial scenario (Scenario AA3) used identical assumptions for growth and operating costs. However, there are two major differences between the preferred scenario and the alternate scenario. The alternate scenario assumes that the utility will use cash reserves to partially fund the acquisition of water rights during the current fiscal year whereas the preferred scenario assumes that the entire cost of water rights will be financed. Additionally, the alternate scenario assumes higher revenue increases annually in preparation for the removal of golf courses from groundwater. This assumption dramatically reduces the projected loss in year five,thus allows for less concern over the potential revenue that may or may not be received by delivering an alternate source of water to golf courses. Although the Commission has determined that the alternate scenario (Scenario AA3) is a viable option, it believes the scenario may be too conservative of an approach. 19 CONCLUSION The Commission presents this annual report for the review and consideration of the Mayor and Council. The Commission would be glad to discuss this report in greater detail at a joint study session or other appropriate forum. Please advise if such a discussion is desired. The Oro Valley Water Utility Commission is proud to serve the Town of Oro Valley and the customers of its water utility. Much has been accomplished in the fifth year of the utility's operation. The Commission looks forward to continued direction from Mayor and Council, especially on those issues discussed in this report. The Commission extends their appreciation to the Mayor and Council for its consideration, direction and guidance. 20 CONCLUSION The Commission presents this annual report for the review and consideration of the Mayor and Council. The Commission would be glad to discuss this report in greater detail at a joint study session or other appropriate forum. Please advise if such a discussion is desired. The Oro Valley Water Utility Commission is proud to serve the Town of Oro Valley and the customers of its water utility. Much has been accomplished in the fifth year of the utility's operation. The Commission looks forward to continued direction from Mayor and Council, especially on those issues discussed in this report. The Commission extends their appreciation to the Mayor and Council for its consideration, direction and guidance. 20 APPENDIX A Preferred Financial Scenario Scenario AA7 The following are the assumptions used in preparing these projections: • Growth is based on 792 new residential customers in FY 2001-02 and 700 new residential customers per year thereafter. • Wholesale rates will be set the same at the standard 6"meter. • Golf courses will be removed from groundwater over two years beginning in FY 2004-05 • Seven percent(7%)revenue increases in all five years. • Rate increases are effective at the beginning of each fiscal year. • Financing of capital improvements and acquisition of water rights will be achieved through the sale of bonds during FY 2000-01. • Personnel costs increase 5% annually for COLA and merit. • Operations and maintenance costs increase 3% annually. • Debt service does not fall below the required 1.25:1 ratio. • The utility does not experience a loss for more than 2 consecutive years. • The minimum cash balances meet or exceed 15%of cash outlays excluding capital. • Retained earnings maintain a positive balance. 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CO < w 0 z 0 Z 0 w Q APPENDIX B ORO VALLEY WATER ENTERPRISE FUND ESTIMATED INCOME STATEMENT Estimated Budget Actuals Projected FY 2000/01 FY 2000/01 FY 2001/02 OPERATING REVENUES: Water Sales: Unmetered/Wholesale $ 45,400 $ 49,000 $ 52,400 Residential 4,467,800 4,143,000 4,873,295 Commercial 370,300 370,000 395,900 Irrigation 417,600 500,000 535,000 Turf Related 733,500 957,000 997,700 Construction 270,100 285,000 300,000 Subtotal Water Sales $ 6,304,700 $ 6,304,000 $ 7,154,295 Other Revenue: Miscellaneous Service $ 60,000 $ 75,000 $ 75,000 New Service Establishment Fees 55,000 55,000 55,000 Reconnect Fees 8,000 8,000 8,000 Late Payment Fees - 100,000 65,800 Vistoso Partners Recharge - 151,000 - Subtotal Other Revenue $ 123,000 $ 389,000 $ 203,800 Total Operating Revenues $ 6,427,700 $ 6,693,000 $ 7,358,095 OPERATING EXPENSES: Personnel $ 1,199,576 $ 1,100,000 $ 1,303,087 Operations&Maintenance 2,227,183 2,045,300 2,372,718 Depreciation 1,325,000 1,296,400 1,658,152 Amortization 52,200 52,200 52,200 Total Operating Expenses $ 4,803,959 $ 4,493,900 $ 5,386,157 Operating Income $ 1,623,741 $ 2,199,100 $ 1,971,938 NON-OPERATING REVENUES (EXPENSES): Interest Revenue $ 300,000 $ 300,000 $ 235,000 Interest Expense 2,061,911 1,598,100 1,763,956 , Total Non-Operating Revenues(Expenses) $ (1,761,911) $ (1,298,100) $ (1,528,956) Net Income(Loss) $ (138,170) $ 901,000 ,_$ 442,982 Retained Earnings, beginning of year $ 2,211,650 $ 3,112,650 Retained Earnings, end of year _ $ 3,112,650 - $ 3,555,632 1 ORO VALLEY WATER ENTERPRISE FUND ESTIMATED STATEMENT OF CASH FLOWS Estimated Actuals Projected INCREASE(DECREASE) IN CASH: FY 2000/01 FY 2001/02 Cash flows from operating activities: Cash received from water revenues $ 6,304,000 $ 7,094,755 Cash received from other revenues 389,000 203,800 Cash payments for operating expenses (3,145,300) (3,675,805) Net cash provided(used)by operating activity $ 3,547,700 $ 3,622,750 Cash flows from capital&financing activities: Improvements $ (1,500,500) $ (7,276,500) Machinery& Equipment (46,000) (512,500) Vehicles (30,400) (27,000) Water Rights (5,000,000) - Interest expense (1,598,100) (1,763,956) Principal payments (636,300) (995,954) Net cash provided(used) from capital& financing activities $ (8,811,300) $ (10,575,910) Cash flows from investing activities: Interest $ 300,000 $ 235,000 2001 Bond Proceeds 10,500,000 - Net cash provided by investing activities $ 10,800,000 $ 235,000 Net increase(decrease)in cash $ 5,536,400 $ (6,718,160) Cash at beginning of year $ 6,255,746 $ 11,792,146 CASH AT END OF YEAR $ 11,792,146 $ 5,073,986 ORO VALLEY WATER CONNECTION FEE FUND ESTIMATED INCOME STATEMENT Estimated Budget Actuals Projected FY 2000/01 FY 2000/01 FY 2001/02 REVENUES: Connection Fees $ 1,717,800 $ 1,559,700 $ 1,405,000 Total Revenues $ 1,717,800 $ 1,559,700 $ 1,405,000 EXPENSES: Capital Improvements $ (1,050,000) $ (1,050,000) $ (2,684,500) Total Expenses $ (1,050,000) $ (1,050,000) $ (2,684,500) Surplus (Deficit) $ 667,800 $ 509,700 $ (1,279,500) NON-OPERATING REVENUES (EXPENSES): Interest Revenue $ 44,125 $ 81,000 $ 50,000 Interest Expense (594,050) (559,700) (405,000) Total Non-operating Revenues (expenses) $ (549,925) $ (478,700) $ (355,000) Water System Revenue Bond Proceeds $ 8,075,000 $ 5,808,750 $ - General Fund Loan-Series B Revenue Bonds 36,000 330,729 - General Fund Loan-Fireflow Revenue Bonds - - - Net Income (Loss) $ 8,228,875 $ 6,170,479 $ (1,634,500) Fund Balance, beginning of year $ 1,159,384 $ 7,329,863 Fund Balance, end of year $ 7,329,863 $ 5,695,363 _ ,. ,....a... .._.............. ORO VALLEY WATER CONNECTION FEE FUND ESTIMATED STATEMENT OF CASH FLOWS Estimated Actuals Request INCREASE (DECREASE) IN CASH: FY 2000/01 FY 2001/02 Cash flows from operating activities: Cash received from connection fees $ 1,559,700 $ 1,405,000 Cash payments for operating expenses - - Net cash provided(used) by operating activity $ 1,559,700 $ 1,405,000 Cash Flows from capital &financing activities: Improvements $ (1,050,000) $ (2,684,500) Interest expense (559,700) (405,000) Principal payments (1,000,000) (1,000,000) Water System Revenue Bond Proceeds 5,808,750 - General Fund Loan-Series B Rev. Bonds 330,729 - General Fund Loan-Fireflow Rev. Bonds - - Net cash provided(used) from capital and financing activities $ 3,529,779 $ (4,089,500) Cash flows from investing activities: Interest Revenue $ 81,000 $ 50,000 Net cash provided by investing activities $ 81,000 $ 50,000 Net increase in cash $ 5,170,479 $ (2,634,500) Cash at beginning of year $ 1,623,014 $ 6,793,493 CASH AT END OF YEAR $ 6,793,493 $ 4,158,993 ORO VALLEY WATER ALTERNATIVE WATE RESOURCE FEE FUND ESTIMATED INCOME STATEMENT Estimated Budget Actuals Projected FY 2000/01 FY 2000/01 FY 2001/02 REVENUES: Alternative Water Resource Fees $ 261,000 $ 325,000 $ 325,000 Total Revenues $ 261,000 $ 325,000 $ 325,000 EXPENSES: Operation & Maintenance $ (150,000) $ (150,000) $ (250,000) Total Expenses $ (150,000) $ (150,000) $ (250,000) Surplus (Deficit) $ 111,000 $ 175,000 $ 75,000 NON-OPERATING REVENUES (EXPENSES): Interest Revenue $ 50,000 $ 89,000 I $ 90,000 Interest Expense - - - Total Non-operating Revenues (expenses) $ 50,000 $ 89,000 ' $ 90,000 Net Income (Loss) $ 161,000 $ 264,000 $ 165,000 Fund Balance, beginning of year $ 1,327,143 $ 1,591,143 Fund Balance, end of year $ 1,591,143 $ 1,756,143 ORO VALLEY WATER ALTERNATIVE WATER RESOURCE DEV. FEE FUND ESTIMATED STATEMENT OF CASH FLOWS Estimated Actuals Request INCREASE (DECREASE) IN CASH: FY 2000/01 FY 2001/02 Cash flows from operating activities: Cash received from connection fees $ 325,000 $ 325,000 Cash payments for operating expenses (150,000) (250,000) Net cash provided(used) by operating activity $ 175,000 $ 75,000 Cash Flows from capital &financing activities: Improvements $ - $ - Interest expense - - Principal payments - - Net cash provided(used) from capital and financing activities $ - $ - Cash flows from investing activities: Interest Revenue $ 89,000 $ 90,000 Net cash provided by investing activities $ 89,000 $ 90,000 Net increase in cash $ 264,000 $ 165,000 Cash at beginning of year $ 1,327,143 $ 1,591,143 CASH AT END OF YEAR $ 1,591,143 $ 1,756,143 APPENDIX C i_ 1M � ( Jr 0 <'0k4iyir 1� Wo 'x ; ''�A �v '''''''A ."Y a liM 00' .5': 4 ref<$ 40 s 1 yi,E 'Q f ,Y . r r c...,....r V.. r r-r r r V.. .t^r r M M V M � ', 0 00000.0 000r.)o-00000.o U ._-.'_ 5 a Sit vl t tt4..1 :45 u SQ$� o In O ") ?,,00000g000aoo�oo.,Q- 4‹. 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Q. n. r- co N CO d' LC) U) CO N- 00 0) 1- U) r- r- x- r- r- N.- N- V- 1- N N N N N N N (r) F- APPENDIX F D �_ cii � 0 co 0 Q Qc: o 0 o 0 0 o 0 o 0 0 0 0 O O o O o a' 2 W o M M M M (Y7 cyi cyiM ct a_ O U 0 I- I- � Z D0 (Y) 6 — — r - r r- c- S Ct W o co co co co co co co M D D I-- N N N N (Ni N (Ni N0 0 0 0 0 0 0 0 0 U 0 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 0 -1 I-f) N--- d' '4: N-- M CO CO 0 CO N N CO Cr) r- CO O O Z M N O O D �- (1 U) L� c r c o LJ I _ Q Z I-- 6 43 > 45 j V) 0 OO ct o In IC) Lf) In In In LO J 0 W 0 co co co co co co co co V) J Q - c) N N N N N N N NZ Q fI Q W J 0U a. -J Q 0 >- cri p W F- I= -J o J W p N 46 v- MI II Q in 0 0 0 0 0 0 0 0 o W 0 0 0 0 0 0 0 0 W 0 0 0 0 0 0 ac w N N N N N N N N = DW 0 0 0 0 0 0 0 0 0 O IN" U U ,� J D i ti 4 tet= o• 0 (/� 0 a. 0 z J N N Cfl ,-- N 0 0 W /Z U N M M Or V♦ Zn/ 1 1 f 1 LU 2 w D F- 6 I-- 0) W 0 0 0 0 0 0 0 0 Q 0 W — Q Q z I= o 0 0 0 o• 0 D i? w ® Q ct o o © O O o 0 o O co- 0 co 6 0 0 V to W o rn W J co co N- oO O2 � � � � � t- N- Q Q O Ct 0 w 00 O OC C' 0 a_ F-- a. Z w >- vi W I- I=- 6_1 Z a .,..- m W• Q ct 0 U 0o 0o co co co co co co p W o cs ti ti ti ti ti ti ti ti = w 0 ~ ~ 0 0 0 0 0 0 0 0 0 U Wa. _l 0 0 0 0 0 0 0 0 U o co co- o C6 0 O• O Z CO CO ao CO O O + r- M CO 0000000 CO W O W 0 ~LU I- N O O d N O O O 0 �, co Cfl O a) O O O _1 O o 0 0 0 0 0 0 Q N-- CO c9 N J Q-• W Q Q Q LC) CO IC) O O IS) O O LLI N N O O N Lf) O Z I__ ,-- co co O O N- Nin f W Q ,-- N LC) dC CO CO CO N w W co N V) I- N XLO N CO "t CO CO U Q in co W W CO I- Nin X N CO d- co CO LU u) co ,- 2 2 TABLE FOR MONTHLY CHARGES & PERCENT INCREASE COMPARISON CUSTOMERS WITH A 5/8 X 3/4" METER PROPOSED BASE RATE 6.67% INCREASE IN BASE RATE FROM $11.25 TO $12.00 (INC. 1000 GALS) PROPOSED COMMODITY 6.74% INCREASE IN TIER 1 FROM $1.78 TO $1.90 (1,000 - 10,000 GALS) 12.98% INCREASE IN TIER 2 FROM $2.08 TO $2.35 (10,001 - 25,000 GALS) RS-4 reviser! 29.87% INCREASE IN TIER 3 FROM $2.31 TO $3.00 (OVER 25,000 GALS) CUSTOMERS GALLONS CURRENT PROPOSED AMOUNT PERCENT IN USAGE USED RATE RATE INCREASED INCREASED CATEGORY 0 11.25 12.00 0.75 6.7 385 1,000 11.25 12.00 0.75 6.7 501 2,000 13.03 13.90 0.87 6.7 678 3,000 14.81 15.80 0.99 6.7 828 4,000 16.59 17.70 1.11 6.7 1000 shaded area 5,000 18.37 19.60 1.23 6.7 1074 represents 6,000 20.15 21.50 1.35 6.7 1076 58%of residential 7,000 21.93 23.40 1.47 6.7 994 customer base 8,000 23.71 25.30 1.59 6.7 898 9,000 25.79 27.20 1.41 5.5 760 10,000 27.87 29.10 1.23 4.4 680 11,000 29.95 31.45 1.50 5.0 577 12,000 32.03 33.80 1.77 5.5 494 13,000 34.11 36.15 2.04 6.0 419 14,000 36.19 38.50 2.31 6.4 368 15,000 38.27 40.85 2.58 6.7 300 16,000 40.35 43.20 2.85 7.1 262 17,000 42.66 45.55 2.89 6.8 204 18,000 44.97 47.90 2.93 6.5 196 19,000 47.28 50.25 2.97 6.3 166 20,000 49.59 52.60 3.01 6.1 137 21,000 51.90 54.95 3.05 5.9 120 22,000 54.21 57.30 3.09 5.7 106 23,000 56.52 59.65 3.13 5.5 95 24,000 58.83 62.00 3.17 5.4 74 25,000 61.14 64.35 3.21 5.3 68 26,000 63.45 67.35 3.90 6.1 59 27,000 65.76 70.35 4.59 7.0 50 28,000 68.07 73.35 5.28 7.8 46 29,000 70.38 76.35 5.97 8.5 40 30,000 72.69 79.35 6.66 9.2 36 31,000 75.00 82.35 7.35 9.8 31 32,000 77.31 85.35 8.04 10.4 30 33,000 79.62 88.35 8.73 11.0 26 34,000 81.93 91.35 9.42 11.5 19 35,000 84.24 94.35 10.11 12.0 20 36,000 86.55 97.35 10.80 12.5 18 . 37,000 88.86 100.35 11.49 12.9 17 38,000 91.17 103.35 12.18 13.4 13 39,000 93.48 106.35 12.87 13.8 11 40,000 95.79 109.35 13.56 14.2 11 TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 1" METER BASE RATE = $30.01 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 16,000 GALLONS 111 TIER 2 = $2.35 FOR 16,001 -27,000 GALLONS TIER 3 = $3.00 FOR USAGE OVER 27,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 28.13 30.01 1.88 6.7% 16,000 54.83 58.51 3.68 6.7% 27,000 77.71 84.36 6.65 8.6% 38,000 103.12 117.36 14.24 13.8% 50,000 130.84 153.36 22.52 17.2% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 1 1/2" METER BASE RATE = $60.00 COMMODITY RATE: TIER 1 = $1.90 FOR 0- 38,000 GALLONS TIER 2 = $2.35 FOR 38,001 - 64,000 GALLONS TIER 3 = $3.00 FOR USAGE OVER 64,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 56.25 60.00 3.75 6.7% 38,000 122.11 130.30 8.19 6.7% 64,000 176.19 191.40 15.21 8.6% 90,000 236.25 269.40 33.15 14.0% 125,000 317.10 374.40 57.30 18.1% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 2" METER BASE RATE = $96.00 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 80,000 GALLONS TIER 2 = $2.35 FOR 80,001 - 134,000 GALLONS TIER 3 = $3.00 FOR USAGE OVER 134,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 90.00 96.00 6.00 6.7% 80,000 230.62 246.10 15.48 6.7% 134,000 342.94 373.00 30.06 8.8% 275,000 668.65 796.00 127.35 19.0% 325,000 784.15 946.00 161.85 20.6% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 3" METER BASE RATE = $192.00 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 186,000 GALLONS TIER 2 = $2.35 FOR 186,001 - 311,000 GALLONS TIER 3 = $3.00 FOR USAGE OVER 311,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 180.00 192.00 12.00 6.7% 100,000 356.22 380.10 23.88 6.7% 186,000 509.30 543.50 34.20 6.7% 311,000 769.3 837.25 67.95 8.8% 450,000 1090.39 1254.25 163.86 15.0% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 4" METER BASE RATE = $300.00 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 169,000 GALLONS TIER 2 = $2.35 FOR 169,001 -283,000 GALLONS TIER 3 = $3.00. FOR USAGE OVER 283,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 281.25 300.00 18.75 6.7% 100,000 457.47 488.10 30.63 6.7% 169,000 580.29 619.20 38.91 6.7% 283,000 817.41 887.10 69.69 8.5% 350,000 972.18 1088.1 115.92 11.9% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 6" METER BASE RATE = $600.00 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 1,800,000 GALLONS TIER 2 = $2.35 FOR 1,800,001 -3,006,000 GALLONS TIER 3 = $3.00 FOR USAGE OVER 3,006,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 562.50 600.00 37.50 6.7% 1,000,000 2340.72 2498.10 157.38 6.7% 1,800,000 3764.72 4018.10 253.38 6.7% 3,000,000 6260.72 6838.10 577.38 9.2% 5,000,000 10879.34 12838.10 1958.76 18.0% us TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 8" METER BASE RATE = $1200.00 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 1,800,000 GALLONS TIER 2 = $2.35 FOR 1,800,001 - 3,006,000 GALLONS TIER 3 = $3.00 FOR USAGE OVER 3,006,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 1125.00 1200.00 75.00 6.7% 1,000,000 2903.22 3098.10 194.88 6.7% 1,800,000 4327.22 4618.10 290.88 6.7% 3,000,000 6823.22 7438.10 614.88 9.0% 5,000,000 11441.84 13438.10 1996.26 17.4% GOLF COURSE CONSERVATION RATES TO BECOME EFFECTIVE WHEN USAGE EXCEEDS THE ARIZONA DEPT. OF WATER RESOURCES ANNUAL ALLOTMENT. I � APPENDIX G 1 I I 1 ti N- O O ' ' OO N O CO N c N O N- N r CO O N G4 O 0 IC) N O Cil f` N o ti o 1.6 o O N O N d- N O N E O V) O d7 CO O � 00 O � cd) N- CO O O N te Eft ct' CO CO CO CO O CO N o 4. o 0 N tico O O N-- O N te (13 O M Q Zr c� N I- V C NO Oh- o _.1N ON N O ,- o 00 d7 C') CO ti m — N Ce Z Q ON Q It Z m LL W cM Vi w p .. __J a) a) Ci) LI cn > 2a. Z o° cca O� 2w w � � 15 � � 0 O U,) a uv) 0 < Z 0 0 c W CDCOr- Nd' OOR"t �toCr: o00ooti Iii o t o o - C)) CD C0 LC) CA O O O to r CD C)) N- O O 0 0 CO N N O O M N- N 10 C) r C) tt) 1` L() CO O fit M ti O `fit- N N N- M h- to CO 0 r- to N-- 0 O t` co r- N NI: CV M L- Cfl CO- o N- tV N N CV CO- r- N Cc N >- to Cr) N N Cir) C'') O CY) M r M 0) N to r O r- N- Cr) O tD N M um O O N- 00 C) CO N N 1.0 I` ti O N CY) et' 1n Nd- CO t") r- N CD r r 00 r CN r r N. T- r 0 CDCONT- NN00 =0) M 'd' O01` OOCO C'r) Or) N- 0 o 0 �. 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J W OM 0 O 0 CCo Pi a_ 2 w o O 2 - M W 0w n- U a z Q W M C6 ww 0 rz o c 2 w o2 D 2 h- - N U 0 w U a. O I- cri (W!) Q N 0 • O W o dam, - a. O 2 F. - N • O a. U T , , , ›- u; W 1- E-- ...., -1 . W 0 N (i o W Et O w 0 O W• g W 2 i"::: o N u ~ U 0 Ffi Qii) W O H v E2 g W o > QpQ Wf— Q r W Ww00c 0 00 oO J Cl_ 2 w o CoCa1: o 02 - - O =ce °- 0U a w z o _ 6 • w o N w o U 00 w o w o Q o O W co CL w O Cf) W Q CC) W 0 Z � N W (0 L Lc) c W (,) O Q m r W W WN ap TABLE FOR MONTHLY CHARGES & PERCENT INCREASE COMPARISON CUSTOMERS WITH A 5/8 X 3/4" METER PROPOSED BASE RATE 6.67% INCREASE IN BASE RATE FROM $11.25 TO $12.00 (INC. 1000 GALS) PROPOSED COMMODITY 11.24% INCREASE IN TIER 1 FROM $1.78 TO $1.98 (1,000 - 10,000 GALS) 17.79% INCREASE IN TIER 2 FROM $2.08 TO $2.45 (10,001 - 25,000 GALS) RS-6 40.69% INCREASE IN TIER 3 FROM $2.31 TO $3.25 (OVER 25,000 GALS) CUSTOMERS GALLONS CURRENT PROPOSED AMOUNT PERCENT IN USAGE USED RATE RATE INCREASED INCREASED CATEGORY 0 11.25 12.00 0.75 6.7 385' 1,000 11.25 12.00 0.75 6.7 501 2,000 13.03 13.98 0.95 7.3 678 3,000 14.81 1596 1.15 7.8 828 4,000 16.59 17.94 1.35 8.1 1000 shaded area 5,000 18.37 19.92 1.55 8.4 1074 represents 6,000 20.15 21.90 1.75 8.7 1076 58%of residential 7,000 21.93 23.88 1.95 8.9 994 customer base 8,000 23.71 25:86 2.15 9.1 898 9,000 25.79 27.84 2.05 7.9 760 10,000 27.87 29.82 1.95 7.0 680 11,000 29.95 32.27 2.32 7.7 577 12,000 32.03 34.72 2.69 8.4 494 13,000 34.11 37.17 3.06 9.0 419 _ 14,000 36.19 39.62 3.43 9.5 368 15,000 38.27 42.07 3.80 9.9 300 16,000 40.35 44.52 4.17 10.3 262 17,000 42.66 46.97 4.31 10.1 204 18,000 44.97 49.42 4.45 9.9 196 19,000 47.28 51.87 4.59 9.7 166 20,000 49.59 54.32 4.73 9.5 137 21,000 51.90 56.77 4.87 9.4 120 22,000 54.21 59.22 5.01 9.2 106 23,000 56.52 61.67 5.15 9.1 95 24,000 58.83 64.12 5.29 9.0 74 25,000 61.14 66.57 5.43 8.9 68 26,000 63.45 69.82 6.37 10.0 59 27,000 65.76 73.07 7.31 11.1 50 28,000 68.07 76.32 8.25 12.1 46 29,000 70.38 79.57 9.19 13.1 40 30,000 72.69 82.82 10.13 13.9 36 31,000 75.00 86.07 11.07 14.8 31 32,000 77.31 89.32 12.01 15.5 30 33,000 79.62 92.57 12.95 16.3 26 34,000 81.93 95.82 13.89 17.0 19 35,000 84.24 99.07 14.83 17.6 20 36,000 86.55 102.32 15.77 18.2 18 37,000 88.86 105.57 16.71 18.8 17 38,000 91.17 108.82 17.65 19.4 13 39,000 93.48112.07 18.59 19.9 11 _ 40,000 95.79 115.32 19.53 20.4 11 TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 1" METER BASE RATE = $30.01 COMMODITY RATE: TIER 1 = $1.98 FOR 0 - 16,000 GALLONS TIER 2 = $2.45 FOR 16,001 -27,000 GALLONS TIER 3 = $3.25 FOR USAGE OVER 27,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 28.13 30.01 1.88 6.7% 16,000 54.83 59.71 4.88 8.9%. 27,000 77.71 86.66. 8.95 11.5%_ 38,000 103.12 122.41 19.29 18.7% 50,000 130.84 161.41 30.57 23.4% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 1 1/2" METER BASE RATE = $60.00 COMMODITY RATE: TIER 1 = $1.98 FOR 0- 38,000 GALLONS TIER 2 = $2.45 FOR 38,001 - 64,000 GALLONS TIER 3 = $3.25 FOR USAGE OVER 64,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 56.25 60.00 3.75 6.7% 38,000 122.11 133.26 11.15 9.1% 64,000 176.19 196.96 20.77 11.8% 90,000 236.25 281.46 45.21 19.1% 125,000 317.10 395.21 78.11 24.6% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 2" METER BASE RATE = $96.00 COMMODITY RATE: TIER 1 = $1.98 FOR 0 -80,000 GALLONS TIER 2 = $2.45 FOR 80,001 - 134,000 GALLONS TIER 3 = $3.25 FOR USAGE OVER 134,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 90.00 96.00 6.00 6.7% 80,000 230.62 252.42 21.80 9.5% 134,000 342.94 384.72 41.78 12.2% 275,000 668.65 842.79 174.14 26.0% 325,000 784.15 1005.29 221.14 28.2% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 3" METER BASE RATE = $192.00 COMMODITY RATE: TIER 1 = $1.98 FOR 0 - 186,000 GALLONS TIER 2 = $2.45 FOR 186,001 - 311,000 GALLONS TIER 3 = $3.25 FOR USAGE OVER 311,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 180.00 192.00 12.00 6.7%+ 100,000 356.22 388.02 31.80 8.9% 186,000 509.30 588.30 79.00 15.5% 311,000 769.30 894.55 125.25 16.3% 450,000 1090.39 1346.30 255.91 23.5% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 4" METER BASE RATE = $300.00 COMMODITY RATE: TIER 1 = $1.98 FOR 0- 169,000 GALLONS TIER 2 = $2.45 FOR 169,001 -283,000 GALLONS TIER 3 = $3.25 FOR USAGE OVER 283,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 281.25 300.00 18.75 6.7% 100,000 457.47 496.02 38.55 8.4% 169,000 580.29 632.64 52.35 9.0% 283,000 817.41 911.94 94.53 11.6% 350,000 972.18 1129.69 157.51 16.2% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 6" METER BASE RATE = $600.00 COMMODITY RATE: TIER 1 = $1.98 FOR 0- 1,800,000 GALLONS TIER 2 = $2.45 FOR 1,800,001 -3,006,000 GALLONS TIER 3 = $3.25 FOR USAGE OVER 3,006,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 562.50 600.00 37.50 6.7% 1,000,000 2340.72 2578.02 237.30 10.1% 1,800,000 3764.72 4162.02 397.30 10.6% 3,000,000 6260.72 7102.02 841.30 13.4% 5,000,000 10879.34 13597.22 2717.88 25.0% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 8" METER BASE RATE = $1200.00 COMMODITY RATE: TIER 1 = $1.98 FOR 0 - 1,800,000 GALLONS TIER 2 = $2.45 FOR 1,800,001 -3,006,000 GALLONS TIER 3 = $3.25 FOR USAGE OVER 3,006,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 1125.00 1200.00 75.00 6.7% 1,000,000 2903.22 3178.02 274.80 9.5% 1,800,000 4327.22 4762.02 434.80 10.0% 3,000,000 6823.22 7702.02 878.80 12.9% 5,000,000 11441.84 14197.22 2755.38 24.1% GOLF COURSE CONSERVATION RATES TO BECOME EFFECTIVE WHEN USAGE EXCEEDS THE ARIZONA DEPT. OF WATER RESOURCES ANNUAL ALLOTMENT. APPENDIX H Utility Statistics for Calendar Year 2000 New Meters Installed 929 Services Established 2,478 Services Terminated 1,531 Service Orders Processed: Meter re-reads 335 Water quality 72 Water pressure 85 Meter replacements 30 Service repairs 11 Leaks 106 Other 124 Total service orders: 763 763 Total Water Pumped 2,928,354,508 gallons 8,986.79 acre feet Total Water Delivered 2,884,123,494 gallons 8,851.05 acre feet Lost & Unaccounted For Water* 44,231,015 gallons 135.74 acre feet 1.51 % *ADWR allows a maximum of up to 10% to maintain compliance status. Customers bySize & YpUser T e Meter As of December 31, 2000 100% 7 IIIMIIIMP' /MEV , 44--, •0 , ,_ 4.7 8O% - '� 15 i 60% --71 ',‘ , ,., , I 40% ' , O. tI1 1111 talo I j Y 4 =illP . t ! AIM 0% ' .r 5/8" 1 1.5" 2" 1 3" 4" 6" 8" IR Wholesale 1 ■Turf 1 1 2 5 ■Construction 591 17 0 27 0 ■Irrigation 81 111 43 77 3 3 D Commercial 24 38 28 72 8 2 4 ■Residential 13,519 132 44 44 2 Totals 14,215 298 115 194 39 7 8 4 ,.. Accounts By User Type • As of December 31, 2000 13,741 ■Construction -4% 0 Commercial - 1% ■Residential - 93% - ' ' — s Aid bk. ' 0 Irrigation -2% ❑Wholesale - 0% 176 635 ❑Turf - 0% - 1 ° 9 Gallons Sold By User Type January - December 2000 213,129,000 0 Construction -3% 78,864,679 ❑Commercial - 5% 1,483,821,000 ��� ■Residential -52% um 00 819,277,000 0 Irrigation - 8% 74,050,000 0 Wholesale - 3% 147,454,000 0 Turf - 29% 1 Revenue By User Type January - December 2000 $44,208 $900,544 $252,247 El Construction -4% $495,434 ❑Commercial -6% ��,�/r'' $37Q,957 ■Residential -66% 0 Irrigation - 8% $4 097 301 0 Wholesale - 1% ❑Turf - 15% 1 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: May 2, 2000 TO: HONORABLE MAYOR AND TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ:: Canyon Del Oro Future Problem Solving Academic Team Funding Request SUMMARY: Attached to this council communication is a request from the Canyon del Oro High School Academic Challenges Program which involves the "Odyssey of the Minds" teams. This program challenges students to use alternative ways of thinking, drawing upon their technical and creative skills, in order to accomplish the goal of arriving at a solution. As a result, students are taught the importance of teamwork and communication in real-life work situations. Th Canyon del Oro Odyssey of the Mind Vehicle Team has qualified to compete at the World Finals Competition again this year and will travel to College Park, Maryland June 1st through June 6th. As such, the CDO Program is requesting support from the Oro Valley Town Council to offset some of their travel expenses. The Town has historically contributed $500 to the Canyon del Oro Academic Challenges Program. ATTACHMENTS: Letter from Cymry DeBoucher, CDO Academic Challenges Coordinator RECOMMENDATIONS: It is recommended that the Town Council favorably consider making a contribution in the amount of $500.00 to Canyon del Oro High School. FISCAL IMPACT: $500. SUGGESTED MOTION: I make a motion to approve a contribution in the amount of $500 to the Canyon del Oro High School to be used for their upcoming expenses to attend the World Finals Competition on June 1st through June 6th, 2001. g/W*1/14gle Chuck Sweet, Town Manager 4,„,‘„ . Canyon el Oro High chool 25 W.Calle Concordia * Tucson,Arizona 85737 * (520)696-5560 * Fax(520)696-5590 March 29, 2001 Dear Mayor Loomis and Town Council Members, The Canyon del Oro High School Odyssey of the Mind vehicle design team has qualified to compete at the World Finals competition again this year. The team will be travelling to College Park, Maryland June 1 t through the 6th. They will compete on Sunday June 3rd. We hope that you will be able to help us again this year by sending a contribution. I have coached for sixteen years and in that time have taken over 25 teams to world competition. This team stands out among those teams as a group of really exceptional people and a truly great team. The team has stayed together for four years and will all graduate this year. They are a great team in their support and caring for each other,their personal character and integrity, as well as their ability to rise to all challenges. When they graduate many will become honors engineering students at the U of A or other colleges and one will be a cadet at Westpoint. Last year at world finals, the team placed 7th out of 50 teams. They returned to Tucson determined to return to world finals and place in the top three this year. To that end, they have designed and built two interactive vehicles. One of these is completely controlled by team developed computer programming. At the state OM tournament this past weekend,the team not only was awarded first place but also was the only team at the tournament to receive the prestigious "Rantra Fusca"award for exceptional creativity. Team members: Jeff Bennett, Brian Primeau, Joe Sortelli, Kindall Witter-Tilton, Darby Sinding, Ariel Brumbaugh, and Taryn White. Coaches: John Harlow and Cymry DeBoucher Contributions can be sent to: Canyon del Oro Odyssey of the Mind. Thank you again for all your enthusiasm and support of this team throughout the years. Sincerely, C m D elt3 oucher Y rY Academic Challenges Coordinator Ananhithoator Ruhiin Cnhnnla TOWN OF ORO VALLEY %.0 COUNCIL COMMUNICATION MEETING DATE: May 2, 2000 TO: HONORABLE MAYOR AND TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ:: Canyon Del Oro Future Problem Solving Academic Team Funding Request SUMMARY: Attached to this council communication is a request from the Canyon del Oro High School Academic Challenges Program which involves the "Odyssey of the Minds" teams. This program challenges students to use alternative ways of thinking, drawing upon their technical and creative skills, in order to accomplish the goal of arriving at a solution. As a result, students are taught the importance of teamwork and communication in real-life work situations. Th Canyon del Oro Odyssey of the Mind Vehicle Team has qualified to compete at the World Finals Competition again this year and will travel to College Park, Maryland June 1st through June 6th. As such, the CDO Program is requesting support from the Oro Valley Town Council to offset some of their travel expenses. The Town has historically contributed $500 to the Canyon del Oro Academic Challenges Program. ATTACHMENTS: Letter from Cymry DeBoucher, CDO Academic Challenges Coordinator RECOMMENDATIONS: It is recommended that the Town Council favorably consider making a contribution in the amount of $500.00 to Canyon del Oro High School. FISCAL IMPACT: $500. SUGGESTED MOTION: I make a motion to approve a contribution in the amount of $500 to the Canyon del Oro High School to be used for their upcoming expenses to attend the World Finals Competition on June 1st through June 6th, 2001. gi/A14/41 Chuck Sweet, Town Manager ., , C CII 0 4anyon el, ro ..... lk High School , r 25 W. Calle Concordia * Tucson,Arizona 85737 * (520)696-5560 * Fax(520)696-5590 March 29, 2001 Dear Mayor Loomis and Town Council Members, The Canyon del Oro High School Odyssey of the Mind vehicle design team has qualified to compete at the World Finals competition again this year. The team will be travelling to College Park, Maryland June et through the 6th. They will compete on Sunday June 3rd. We hope that you will be able to help us again this year by sending a contribution. I have coached for sixteen years and in that time have taken over 25 teams to world competition. This team stands out among those teams as a group of really exceptional people and a truly great team. The team has stayed together for four years and will all graduate this year. They are a great team in their support and caring for each other,their personal character and integrity, as well as their ability to rise to all challenges. When they graduate many will become honors engineering students at the U of A or other colleges and one will be a cadet at Westpoint. Last year at world finals, the team placed 7th out of 50 teams. They returned to Tucson determined to return to world finals and place in the top three this year. To that end, they have designed and built two interactive vehicles. One of these is completely controlled by team developed computer programming. At the state OM tournament this past weekend,the team not only was awarded first place but also was the only team at the tournament to receive the prestigious "Rantra Fusca"award for exceptional creativity. Team members: Jeff Bennett, Brian Primeau, Joe Sortelli, Kindall Witter-Tilton, Darby Sinding, Ariel Brumbaugh, and Taryn White. Coaches: John Harlow and Cymry DeBoucher Contributions can be sent to: Canyon del Oro Odyssey of the Mind. Thank you again for all your enthusiasm and support of this team throughout the years. Sincerely, i- Cymry De:oucher Academic Challenges Coordinator An+nhithoator Pul slir Ghnnle TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: May 2, 2001 TO: HONORABLE MAYOR & COUNCIL FROM: Steven Faaborg, Civil Engineering Technician SUBJECT: Resolution (R)01- 30 Formalizing the name change from Calle Godornitz to Egleston Drive SUMMARY: In response to a letter from Daniel Huff, a CDO High School student, the Public Works Department has researched the name of the street along the east side of Dennis Weaver Park extending from Calle Concordia north to Desert Sky Road. Approximately % mile of the street north of Calle Concordia is not improved, however it is Town right-of-way. The remainder of the street is paved. The street originated with the platting of an area now known as Linda Vista Citrus Tracts in 1930. The recorded plat labels the rights-of-way only as "Street". An expansion of the plat, Linda Vista Citrus Tracts 2 recorded in 1937, does include street names, and shows the right-of-way in question as "Calle Godorniz" (note that the spelling is not consistent with the spelling in other references to the street). Both of these subdivisions were a part of the original Town of Oro Valley when it was incorporated in 1974. Lots 1 and 12 of Linda Vista Citrus Tracts later became a portion of Villa Balboa, recorded in 1985, and lots 2 and 11 are now Sunstone Estates, recorded in 1994. Both of those plats refer to the street between them as "Egleston Drive". A visit to the Pima County web site maps was inconclusive, labeling the street as Calle Godornitz in some places and Egleston Drive in others. Long time employees with the Town have always referred to the street as Egleston Drive. In 1994-95 Public Works investigated the feasibility of extending the street north from Calle Concordia to access the satellite campus north of Dennis Weaver Park. At a later date the street was paved south from Linda Vista to provide that access. Both of those projects were titled Egleston Drive Street Improvements. A trip to the Pima County offices of Addressing and Maps and Records did not turn up any formal record of a name change, however there is some evidence that such a change took place. The final plat of Linda Vista Citrus Tracts that is on file with the Town shows the streets labeled simply as "street". The same plat on record with the county has the streets named, obviously after the fact. The street in question is called Egleston Drive on their copy (in a handwriting that is different from the other notes on the plat). The plat of Linda Vista Citrus Tracts 2 that the Town has shows the street as Calle Godornitz. Pima County's official copy of the same plat has been altered to read Egleston Drive. County officials who were involved with this research agree that at some point the name was changed from Calle Godornitz to Egleston Drive, however there is no record of that change or date when it might have occurred. This resolution would formalize the name change from Calle Godornitz to Egleston Drive and provide a track record of that change for those who research this topic in the future. FISCAL IMPACT: None RECOMMENDATIONS: The Department of Public Works recommends approval of the resolution. ATTACHMENTS: 1. Resolution (R)01- 30 2. Map showing location of Calle Godornitz/Egleston Drive 3. Letter from Daniel Huff SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve the resolution formalizing the name change from Calle Godornitz to Egleston Drive OR I move to deny the resolution formalizing the name change from Calle Godornitz to Egleston Drive Wil A. Jansen •. n Engineer Chuck Sweet, Town Manager RESOLUTION NO. (R)01- 30 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, FORMALIZING THE NAME CHANGE FROM CALLE GODORNITZ TO EGLESTON DRIVE. WHEREAS, Egleston Drive, formerly known as Calle Godornitz, is a public street within the Town of Oro Valley; and WHEREAS, at some time the name of the street was changed from Calle Godornitz to Egleston Drive; and WHEREAS, no public record exists for that name change; and WHEREAS, a formal record of the change is needed to clarify the street name; THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: That the name of the street formerly known as Calle Godornitz be changed to Egleston Drive. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 2nd day of mAY , 2001. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Dan L. Dudley, Town Attorney Date Date 3 514 West Alana Lane Tucson,Arizona 8574) February 5,2001 1E3 r:s!7 i 12'2.', TOU Mr. Paul Loomis 1.1000 North La Cam Drive Oro Valley, Arizona 85737 Dear Mr. Loomis: nimyou are the Mayor of Oro Vay. 1 I wish to solicit your help in a cam�`n of � as am a student volunteer in the Office of School Operations at Amphitheater Public Schools, and ldeal with the streets within the.boundaries of the school district on a dailytl I discovered something peculiar. A street betweenCalle Concordia basis, and recently and Desert Sky Road just west of Oracle Road known as Eglestou Dive has had a name The southernportion of the road that extends from Calle Concordia north to alteration.Linda Vista Boulevard (presently unpaved)has been renamed Calle Csodornitz, My concern is not with the name itself, but the principle, Egleston Drive is named in honor of my mother's family. in the 1930s, long before Oro Valley even e-ted,my great grandparents purchased several lots of land around the intersection of Calle Concordia and Oracle Road. In the 1960s,they donated 55 acres to Palo Verde Baptist Church, where Pusch Ridge Christian Academy now stands. Ten additional acres to the south were donated to Canyon del Oro Baptist Church to builda chapel. On the west side of Oracle Road, just north of Calle Concordia is the location where of my great grandparents arents eventually my grandparents built their homes. The west end of their land borderedg leston Drive, the portion of it that has now been renamed Calle Codornitz• Although it is difficult to understand my concern, it makes absolutely no sense that Egleston Drive should have its name changed. The Egleston family was one of the founding families of Oro Valley, and has resided in the area since the early 1930s. Few families canclaim such tenure,and few families have donated so much to the area, especially when land values could have yielded an enormous financial prof t. If you as the Mayor, along with the Town Council have any interest in the history of Oro Valley and the people who have helped to make the area such a unique community, Egleston Drive should certainly have its name restored, along its entire length. Now that my great grandparents have passed on, and my grandparents have relocated to northern Ore Egleston Drive is the living legacy of their presence,their impact on the area. I am asking you to truly consider the circumstances and the great import in preserving a piece of Oro Valley's history. Please contact me with any updates on the situation or if you have any questions. I thank you for your time. Sincerely t Daniel R. Huff I/ Senior at Canyon Oro High School Egieston Drive/Calle Godornitz .... .r . 1 I - 1 , *tA' mil I ( Alitri\ .( .. -,. _DESERT 8K 11 RD ... 1 1, NIII 1 I cf) z 1r A r , , i 3a ■ - . , , ___, 7) , \ , OI \Ls. , -....,, , ,....),.., . , • ,,, , ,,,, , x p i ,6,--( • . II IP m 1 1 1 ----4 \ \ flaw' eva.'' AIM nil •, ,y......2 1 A Fill 1 W IIINDA V1ST A-13 1 1 I 1 I A-il A VISTA': -----77-11 , -1 1 1 1 1 1 !II . , -7' z .N...., .. 0 › i 0 , 0 , 1 . 0 0 . •.____. . ' 1 1 0 • . , . z 1 , ! , '1 ; • 1 1 , Sk O' D 1. 1 , ECALLECOdRDIA _ A ... _ •RDIA /' I 4041W) . ' I i iM 1 i ) 1 ' 1 , 1 1 ) / 1 II ' i ? ..., i 1 I I _Pir... i_ 1 i 1 I l 1 I i / --- N SCALE 1 : 11,022 500 0 500 1,000 1,500 \ FEET /1/ / TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: May 2, 2001 TO: HONORABLE MAYOR & COUNCIL FROM: Bayer Vella, AICP, Senior Planner SUBJECT: RE-ESTABLISHMENT AND APPOINTMENT OF NEW MEMBERS TO THE COMMERCIAL CODE TECHNICAL ADVISORY COMMITTEE BACKGROUND: On March 4, 19pp 98 the Town Council appointed a Technical Advisory Committee (TAC) to review and Improve sectionspertaining ertainin to commercial development and the Oracle Road Scenic Corridor Overlay District (ORSCOD). Staff and the TAC addressed the following issues: 1. Further differentiate each commercial district with regard to permitted uses and property development standards while incorporating aspects of the Town Economic Development Plan. 2. Consider adding a Highway Commercial District 3. Delete Sunset Clause from ORSCOD There wereg spanning seven TAC meetings s annin a seven-month period. In the end, Town Council approved the TAC's recommended revisions on 4/21/99. There is a need to reinstate the TAC and include an additional member for the following reasons: • Over the past several months, staff has been working on an application to change the minimum lot size requirements in C-N zoning. In considering the application, the Planning & Zoning Commission noted that C -N zoningis not much different than C-1 or C-2. As a result, the Commission requested that staff examine all commercial uses and further distinguish each commercial zoning district. • Staff recently processedan application to update the ``convenience use" section of Chapter 9, The pp amendment was minor; however, it was approved by the Planning & Zoning Commission and Town Council under the retext that a major adjustment to the "convenience use" portions of the code would p be forthcoming. • The 2000/2001 Planning Division Workplan includes the need to update the parking (Chapter 11) and g (Chapter landsca inortions of the zoning code. There is a significant amount of overlap between p14) p these two sections and the commercial code. It would be prudent to remove all references to landscaping and parking in the commercial code and move them to the appropriate chapter, SUMMARY: Staff has already grough a draft of the commercial, parking, and landscape chapters. Our goal is to utilize the TAC top rimaril review the commercial code and ancillary changes to the parking and landscape y codes. After a brief introductory meeting, the TAC would be asked to review the updates and respond in proposed writingthe to ro osed changes. In terms of additional time commitment, staff would propose at least two more meetings to discuss specific concerns. F:\ZONECODE\ZCR\8\2001 Commercial Code Amendments\TC TAC Reappoint.doc TOWN OF ORO VALLEY OUNCIL COMMUNICATION Page 2 of 2 Staff respectfully requests Town Council appointment of new and former members to serve on a Commercial Code Technical Advisory Committee to work with planning and economic development staff The following 1998 team members have expressed an interest in serving: • Two citizen representatives,Nancy Mager and Bill Gay • A General Plan representative,Norm Henderson, Sector 1 Board Chair • A commercial property owner, Kit Donley • A representative from the Development Review Board, Richard Underwood In sum, six out of the eight original TAC members wish to participate. Staff recommends adding the following member to the team: • Planning & Zoning Commission: Bill Matsukado (Recommended by the Commission on March 6, 2001) RECOMMENDATION: Staff recommends appointment of each person listed above to serve on the Commercial Code Technical Advisory Committee. SUGGESTED MOTION: I move to approve the composition of the commercial zoning code update Technical Advisory Committee as presented herein. dipt k-)11L Planning Zoning A. :ministrator `L Co ity Dev:opment Director • 4 Town Manager F,\ZONECODE\ZCR\8\2001 Commercial Code Amendments\TC TAC Reappoint.doc F____1 __ CTOWN OF ORO VALLEYOUNCIL COMMUNICATION MEETING DATE: May 2, 2001 TO: HONORABLE MAYOR& COUNCIL FROM: Melissa Shaw, AICP, Project Manager SUBJECT: APPOINTMENT OF A COMMITTEE TO SELECT THE CONSULTANT FOR THE GENERAL PLAN UPDATE BACKGROUND: Town planning staff has begun the process to update Focus 2020, the Oro Valley General Plan. The requirement to update the plan comes from both the Planning and Zoning Commission Work Plan, and from new State statutes entitled Growing Smarter. Under Growing Smarter, the Town is required to amend the General Plan by adopting new required elements by December 31, 2002. The updated plan must be submitted to the voters for ratification. In anticipation of the update, the following actions have been taken: • Town planning staff prepared and the Town Council approved on June 21, 2000 a Public Participation Plan for the General Plan Update. Approved with the Public Participation Plan (PPP) were the "Intermediate Alternative" and a budget to support the project, including consultant assistance. • A Request for Qualifications (RFQ) seeking a qualified professional planning firm or team was released on April 16, 2001 (see RFQ attached). The consultant will assist in the preparation of updates and adoption of the Focus 2020 General Plan. The RFQ submittal deadline is May 11, 2001. Planning staff requests Council approval of a Selection Committee to review the RFQ responses. The Committee will then make a recommendation to the Council regarding selection of a Consultant. • On April 3, 2001, the Planning and Zoning Commission appointed Commissioner Martha Briggs to serve on the General Plan Update Consultant Selection Committee. SUMMARY: Staff requests Town Council approval of the following to serve on the General Plan Update Consultant Selection Committee. • Martha Briggs, Planning & Zoning Commissioner • To be determined, Development Review Board Member • Chuck Sweet, Town Manager • H. Brent Sinclair, Community Development Director • Debra Sydenham, Community Planning Manager,Arizona Department of Commerce L ♦ Bryant Nodine, Planning and Zoning Administrator • Melissa Shaw, Project Manager TOWN OF ORO VALLEY :'OUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATION: Staff recommends appointment of the members listed above to serve as the General Plan Consultant Selection Committee. SUGGESTED MOTION: I move to approve the composition of the General Plan RFQ Selection Committee as presented herein. ATTACHMENT: 1. Request for Qualifications Plann '., d Zoning Administrator Community Development Director 01144 41 — Town Manager F:\PROJECTS\GP2001\StaffReports\RFQ selection cmte to TC.doc Request for Qualifications Town of Oro Valley General Plan Update 2001 PLL_EYq,, iOti:Mc*,,,,-- ‘-'//, 0,1 f---, viir 1 V Ac,,, '-- i 4:*,,, ''‘7, V 1 0,‘...‘e,f, �J4t4 �; ,,y /tea�i s, /:,/j:. // :/`i'A ;NYGx�"G'' /f�G.6ki��;. .. fx'�/is AZ;71,:-/ A OutVOED"\9 Town of Oro Valley Community Development Department Planning and Zoning Division 11000 North La Canada Drive Oro Valley, Arizona 85737 Telephone: (520) 229-4800 Facsimile: (520) 742-1022 April 16, 2001 REQUEST FOR QUALIFICATIONS TOWN OF ORO VALLEY GENERAL PLAN UPDATE 2001 The Town of Oro Valley is seeking a qualified professional planning firm or team to assist in the preparation of updates to and adoption of the Focus 2020 General Plan. The planning process will be conducted pursuant to the requirements of the Arizona Revised Statues and Growing Smarter Plus legislation enacted in 1998 and 2000. The project involves developing the Town's vision for it's future through implementation of the Town of Oro Valley Public Participation Plan, adopted by Town Council on June 21, 2000. The selected consultant will gather supporting data, perform research and analysis related to existing and future conditions in the Town, and update existing and developing new General Plan elements in order to produce a revised and updated General Plan. The updated Plan must be ready to be included on the November, 2002 General Election ballot. I. BACKGROUND: Oro Valley is a 32 sq/mile suburban community situated six miles north of the Tucson city limits. Established in 1974, the Town has experienced rapid population growth and since 1990, has grown 345%, to the current population of 29,700. Although the built landscape is primarily residential, the Town is attracting significant commercial development along a major thoroughfare along its eastern edge, and new luxury resorts are planned for the northwestern portion. The current General Plan, titled Focus 2020, was adopted in July, 1996, and was the third general plan adopted by the Town of Oro Valley. The 1996 update not only reviewed the goals and policies of the 1990 plan but other major plans and studies that had been completed were incorporated in one form or another into the Plan. Since 1996, additional plans, studies, General Plan amendments and a new General Plan Transit Element have been prepared. The following plans are either directly related to or have relevance for the General Plan update, and will be reviewed and incorporated or updated into the Plan as appropriate: Capital Improvement Plan - I Impact Fee Schedule- I Economic Development Plan - U Environmentally Sensitive Lands Plan and Ordinance- I Facilities Master Plan - I Floodplain Management Ordinance- I Naranja Town Site Master Plan— Incorporate as developed Oro Valley Bicycle and Pedestrian Plan - I Oro Valley Transit Development Plan - I Oro Valley Water Utility Master Plan—I Parks and Open Space Master Plan— I and/or U Subdivision Street Standards- I Town-wide Drainage Study— Incorporate as developed Transportation Improvement Program — I I = incorporate U = update Request for Qualifications General Plan Update 2001 Town of Oro Valley 1 April 16, 2001 II. PROJECT DESCRIPTION AND SCOPE OF WORK: Since the adoption of Focus 2020 in 1996, Oro Valley has continued to experience rapid growth and the concurrent changes in the community's needs related to growth issues. These issues create a need for a comprehensive, technical General Plan update, guided by an extensive public participation process, with a goal to create a 10-year general plan that meets and exceeds the Arizona Revised Statute requirements of the new Growing Smarter and Growing Smarter Plus legislation. The process also presents an opportunity for growth in the Town to be analyzed in a framework that goes beyond the required update. During the visioning process for Oro Valley's General Plan 2001 Update, staff and the consultant will explore the community's interest in conducting the update within a framework utilizing sustainable development standards adopted by the American Planning Association. These standards follow The Natural Step's Four System Conditions. The system conditions provide guidance by which the updated and new General Plan elements may be envisioned and alternatives designed to create a Plan for Oro Valley's future that will "meet the needs of the present without compromising the ability of future generations to meet their own needs'." In addition to exploring a sustainable development framework, as part of the overall project plan, staff and the consultant shall develop methodologies for Community Indicators and population projections. The desired outcome of these sub-projects shall be to initiate an on-going analysis of community and population changes and projections for the Town. The information basis for this project will include an update of existing baseline demographic, land use and existing condition data. The Goals, Objectives and Policies will be reviewed and changes made as they relate to future growth and growth related issues. The existing framework for the General Plan will be reviewed in which the incorporation of future plan updates, amendments, elements and additions is outlined, and recommend additional plan updates as appropriate. The process will also update existing and prepare new elements required for the General Plan by the Growing Smarter legislation. The General Plan update process will actively solicit and incorporate citizen comment by implementing Oro Valley's Public Participation Plan. The major tasks for this project generally include, but are not limited to, the following: Task 1: Determine Project Organization and Management Task 2: Public Participation Program Implementation & Incorporation (see attached Plan) Task 3: Creation of Electronic General Plan Based Maps, Data Layers and Analysis Task 4: Existing Condition Data Collection, Research and Analysis Task 5: Community Visioning Process and Analysis of Existing Goals, Objectives and Policies Drafting Task 6: Alternatives Evaluation Task 7: General Plan Element Preparation, Preparation of New General Plan Elements and Consolidation and Update of Existing General Plan Elements: • Land Use • Circulation and Transportation • Housing • Parks, Open Space and Recreation • Economic Development Request for Qualifications General Plan Update 2001 Town of Oro Valley 2 April 16, 2001 • Public Facilities and Services • Safety • Natural Resource Conservation • Community Design • Cultural & Historic Resources • Growth Area—new for Oro Valley by ARS • Environmental Planning - new for Oro Valley by ARS • Cost of Development-new for Oro Valley by ARS • Water Resources- new for Oro Valley by ARS Task 8: Implementation Program Development Task 9: Planning Commission and Municipal Agency Review and Recommendation Task 10: Public Hearings for Town Council Review and Adoption Task 11: Publication, Product Delivery and Project Closure III. PROJECT SCHEDULE The schedule for the preparation of the Oro Valley General Plan is anticipated to include a maximum timeframe of eighteen (18) months from execution of the consultant contract to the transmittal of the adopted final general plan documents and materials to the Town of Oro Valley. Request for Qualifications Available for Review Monday, April 16, 2001 Pre-submittal Meeting Wednesday, April 25, 2001, 10:00 a.m. Statement of Qualifications Due to the Town Friday, May 11, 2001, 12:00 p.m. Short list of Firms to Receive Request for Interview Wednesday, May 16, 2001 Interviews of Firms Wednesday, May 23, 2001 Negotiate Scope of Work & Contract Monday, June 4, 2001 Town Council Approval of Selected Firm/Team Wednesday, June 20, 2001 Execute Contract with Selected Firm/Team Thursday, June 21, 2001 General Election November, 2002 IV. DEADLINE AND COST OF SUBMITTAL Prospective consultants shall submit eight (8) copies of their submittal in sealed envelopes, clearly marked with the name of the RFQ, due date and time, addressed to Ms. Kathi Cuvelier, Town Clerk, Town of Oro Valley, 11000 North La Canada Drive, Oro Valley, Arizona 85737. Qualifications shall be delivered or received in the Town Clerk's office no later than 12:00 pm on Friday, May 11, 2001. Mountain Standard Time. No qualifications will be accepted after this time. Submittals may not be faxed nor electronically transmitted to the Town. Submittals which are received after the deadline will be returned to the sender unopened. Proposers must ensure delivery (not postmarking) by the date and time indicated above. Pursuant to the provisions of Arizona Revised Statutes all information submitted shall be deemed to be public information and shall be made available to the public in accordance with the policies of the Town of Request for Qualifications General Plan Update 2001 Town of Oro Valley 3 April 16, 2001 Oro Valley, except trade secrets or other proprietary data which shall remain confidential to the extent the offerer designates and the Project Manager concurs. The Town is an equal opportunity employer and encourages small, disadvantaged and/or minority firms to apply. The Town reserves the sole right to evaluate the Statements of Qualifications submitted, waive any irregularity, evaluate and select short listed consultant(s), and or reject any and all submittals. The Town of Oro Valley is not required to select any consultant who responds. The proposer is responsible for all costs associated with the preparation of this Statement of Qualifications, and this solicitation does not commit the Town of Oro Valley to pay any costs incurred in the preparation, presentation, or return of submittals including interview time. Any questions regarding this project should be directed to Melissa Shaw at the Town of Oro Valley. Melissa may be contacted at (520) 229-4813 (telephone), (520) 742-1022 (fax), or mshaworovalley.net(e-mail). V. CONSULTANT SELECTION A. Pre-Submittal Meeting All interested firms shall be invited to a Pre-Submittal Meeting to be held on Wednesday, April 25, 2001. The meeting will be held at 10 a.m., Mountain Standard Time in the Hopi Room, Development Services Center, Oro Valley Town Hall, 11000 North La Canada Drive, Oro Valley, Arizona. Questions may be faxed or mailed to the Community Development Department and must be received seven (7) days in advance of the RFQ due date. Responses, which materially change the scope or intent of this RFQ, will be issued via addendum to all RFQ recipients. B. Selection Process 1. A Consultant Selection Committee will review qualifications, determine a short list of firms, conduct interviews of short-listed firms, and make a recommendation for award of contract. The final selection of the consultant shall be made by the Oro Valley Town Council. 2. Following selection by the Town Council, the Town will enter into fee negotiations with the firm. If agreement cannot be reached with the recommended firm, the Town will enter into negotiations with the firm(s) ranked next lower in scoring or reject all qualifications. Compensation for professional services will be commensurate with the provisions of the Arizona Revised Statutes. 3. Final selection of the consultants shall be at the discretion of the Town of Oro Valley. The Town reserves the right to reject any or all Qualifications. VI. SUBMITTAL REQUIREMENTS AND EVALUATION CRITERIA Respondents must comply with the format and page limitation presented below: Request for Qualifications General Plan Update 2001 Town of Oro Valley 4 April 16,2001 A. General 1. Submittal: One (1) original and seven (7) copies of the response must be mailed/delivered by the date, time and location identified herein. The submittal pages shall not exceed 8 1/2 x 11 inches. Each section should be indexed, i.e. Cover Letter, Firm's Capabilities, etc. All pages shall be printed on one side only. For typewritten pages, the minimum font size is 10, and black ink is preferred. Submittal booklets should be bound on the left side and have back covers. Qualifications should be kept concise, and shall not be more than thirty-five (35) pages including front and back covers. 2. References: Include at least three (3) references from directly related past projects managed by the project manager. Include name, title, address, telephone, fax, e-mail of contact person, name of project and project web site, if applicable. 3. Insurance: The firm or prime consultant shall indicate that they maintain commercial general, vehicle, and workers compensation insurance liability coverage of at least $1 million for each type. Insurance coverage shall be identified in the cover letter. B. Introductory Letter The introductory letter should be no more than two (2) pages (8 '/2 x 11). The letter shall be on company letterhead and list the name of the prime (and supportive) firm(s), the project manager, address, phone number, fax number and e-mail. The letter should be addressed to: Town of Oro Valley, ATTN: Community Development Department, Planning and Zoning Division, 11,000 North La Canada Drive, Oro Valley, Arizona 85737. The letter shall be signed by an authorized person, and should also contain the following: • An expression of the firm's interest in being selected for the contract work. • A statement confirming the commitment of the key personnel and sub-consultants identified in the submittal to the extent necessary to meet the Town of Oro Valley's quality and schedule expectations. • A summary of key points regarding the firm's qualifications. C. Qualifications Evaluation The following criteria will be used for selection of a consultant firm for this project. The submittal shall include brief narratives describing the firm's qualifications as they relate to the criteria. Qualifications shall address the following six (6) criteria and should be kept concise to simplify review. Short-listed firms will be asked to elaborate on some or all of the following items during the interview. Project Approach and Understanding Firm/Team Overview of Qualifications/Composition Project Manager/Team Member Role and Capabilities References Quality of Submittal/Conforms to Requirements Schedule 1. Project Approach and Understanding. Briefly describe your firm/team strategy to prepare the Oro Valley General Plan. Request for Qualifications General Plan Update 2001 Town of Oro Valley 5 April 16,2001 • Exhibit complete comprehensible understanding of the function, relationship, size, and significance of the proposed project. • Demonstrated knowledge of the work required. Logical course(s) of action to meet stated goal(s) and to accomplish the work. • Identify important project opportunities and threats. • Innovative approach. 2. Firm's Qualification. Briefly describe the background of each firm and its directly related experience, including the following: • Demonstrated capability on similar/related projects(s). Provide information about projects including size, costs, and when services were provided. • Management and organization proposed for this project. • Capability of firm to accomplish the project with other ongoing projects and priorities and the capability to complete this project within the set forth deadline. • Prime consultant's office proximity to the site. • Demonstrate capability to work with Town staff, Advisory Boards, governmental units, and other professionals involved. • Demonstrate the firm's fiscal soundness to ensure they can see the project through to completion. 3. Project Manager/Team Member Role and Capabilities. List the members of the firm/team selected for this project. The project manager and key task managers must be identified. Briefly describe the directly related project experience of the project manager and team members. Include information that describes the role of the team member, related project experience (i.e. year project was prepared, budget, and project duration). • Qualifications and relevant individual experience. Submit resumes of key personnel who will be assigned to the project, including name, proposed project assignments, firm for whom currently employed, length of employment with firm, education, license or registration, unique qualifications for this project, and previous related experience. • Provide a statement of each team members' availability for this project. • Licensure of firm and sub-consultant members as required per State Statute. • Unique qualifications of key members of the project. • Time commitment of key team members. • Extent of Principal involvement. 4. References. Provide a minimum of three references, as described in 7A, above. 5. Schedule. Firms shall submit a schedule of work, including: • Time frames for each of the tasks including implementing the Public Participation Plan, • All meetings that will be required but are not part of the public participation plan, • Drafts of the elements and plan, alternatives, implementation plan and cost estimates. • Past history of project completion on schedule. • Internal measures proposed for timely completion. • Person responsible for schedule. 6. Quality of Submittal and Conformance to Requirements. Request for Qualifications General Plan Update 2001 Town of Oro Valley 6 April 16,2001 VII. SCOPE OF SERVICES TO BE PROVIDED BY THE TOWN OF ORO VALLEY The Town of Oro Valley shall provide the following items and services in support of the Consultant's work: • Any plans and studies that are relevant to the project. This does not preclude the requirement that the Consultant request additional information as needed. • A Project Manager and other support personnel from the Town of Oro Valley will be assigned to work with the Consultant. • GIS support. Attachment: Oro Valley Public Participation Action Plan Our Common Future. Bruntland Commission, 1987. Request for Qualifications General Plan Update 2001 Town of Oro Valley 7 April 16,2001 VALLEY ' TOWN OF ORO A COUNCIL COMMUNICATION MEETING DATE: May 2,2001 TO: HONORABLE MAYOR& COUNCIL FROM: Bayer Vella, AICP, Senior Planner SUBJECT: OV12-97-14A, ACORN ASSOCIATES REPRESENTING UNO PIZZERIA CHICAGO BAR & GRILL, LOT 6 WITHIN THE SAN JOSE PLAZA REQUEST FOR LANDSCAPE PLAN APPROVAL BACKGROUND: The applicant, Acorn Associates representing Uno Pizzeria, is proposing to establish an approximately 7,000 sq.ft. restaurant within the San Jose Plaza. The Plaza, approximately 13.4 acres in size, is located along the east side of Oracle Road, 500 feet north of El Conquistador Way. Of the six pads established in 1997, only one, Holiday Inn Express, has been developed. The applicant's pad abuts the north side of the Holiday Inn Express. History 1. OV9-96-08—On 3/14/87,the Town Council approved a rezoning from R-6 to C-2 commercial. The tentative development plan adopted with the rezoning included a two-story hotel, with a maximum building height of 30 feet, two 7,800 square foot restaurant sites adjacent to Oracle Road, and small retail shops. 2. OV 13-97-39 — On 9/09/97, the Development Review Board (DRB) approved the architecture for the Holiday Inn Express. 3. 0V12-97-14 — On 12/01/97, the Town Council approved a Development and Landscape Plan for the overall site. The project was divided into two phases. Phase one entailed the development of the Holiday Inn Express, internal circulation, and the perimeter landscaping for the Plaza. The approval included a condition that all the architecture and landscaping for each pad must be individually reviewed by DRB and Town Council. 4. OV 13-01-07 - On 2/13/01, the DRB approved the architecture for the Uno Pizzeria. The following are conditions relevant to the landscape plan: ❖ All screening wall details must be approved as part of the landscape plan. ❖ To augment designcompatibility, all Uno Pizzeria landscaping, screening, and signage must be similar to existing uses within San Jose Plaza. A general note on the development plan provides that all screens and walls will match the predominate materials, color, and texture of the primary structure. SUMMARY: NPPP A.Native Plant Preservation Plan for this site was approved with the development of the Holiday Inn Express. [Landscape and Irrigation Plan This plan provides a sufficient amount of vegetation, trees and shrubs throughout the project site. The F:\OV\OV12\1997\12-97-14A\LPTCrpt.doc TOWN OF ORO VALLEY 7OUNCIL COMMUNICATION Page 2 of 2 landscaping palette is very similar to the one utilized for Holiday Inn Express. The primary exception is the use of a Chinese Pistache within the enclosed seating area at the front entrance. The use of this colorful tree is permitted within the OVZCR. The landscape plan complies with all pertinent Oro Valley zoning codes and design guidelines. There are two distinct sets of design guidelines that apply to the project: Oracle Overlay District in Section 10 and the Design Guidelines of Section 16. The following items are noteworthy: 16-103B5b: Coordinate similar project types on adjoining parcels, e.g. commercial at an intersection. Coordinated means that certain design elements, such as size of walls, open space, colors, or landscape elements can be similar. Compatibility and visual coherence is desired, not necessarily sameness. 16-103B8e: Coordinate the design of retail complexes that involve multiple buildings to achieve visual compatibility. The landscaping has been coordinated with the overall site in order to help insure an integrated design. GENERAL PLAN CONFORMANCE: The proposed Landscape Plan complies with the General Plan Design Elements. Policy 1.1E is particularly significant. It provides that "view protection shall be an essential aspect of Oro Valley's community design review and project approval". The vegetation along Oracle Road was approved in 1997. This plan includes Tegetation for the inner part of the site only. DEVELOPMENT REVIEW BOARD ACTION: The Development Review Board voted unanimously (6-0) to recommend approval of the Landscape Plan on April 10, 2001. RECOMMENDATION: Staff recommends approval of the Landscape Plan for the proposed Uno Pizzeria. SUGGESTED MOTION: I move to approve OV 12-97-14A, Landscape Plan for Uno Pizzeria l y ated within the San Jose Plaza. Pla , Ld Zonin Administrator Com it Develop ent Director Town Manager Attachment: Landscape/Irrigation Plan F:\ov\ov12\1997\12-97-14A\LPTCrptcloc C 1'`•.a v. tt,;y yy,�,tr `Lr3y.•-si•Y'0:�:2 : `-- ' .cam i,:.,::'•,fei, q^ 7 (71 - t ♦ \ \ \ v�ice:+°>+�. ,y,.,,..��, _ �� r sy�Nf "'", , �\ ` ;. \•-•.,,,` \ ac-,,v..0'41),.,*, l:_ Af'�,ryp4�'��)[�. 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SUMMARY: As part of the purchase of Canada Hills Water Company in 1996, the Town of Oro Valley acquired the Company's certificated service area, including a portion commonly referred to as the Countryside area. A portion of the Countryside area (approximately 500 acres) is located within the corporate limits of the Town of Marana and Marana has expressed a desire to provide domestic water service to this area. There are currently no water services located within this area (referred to as the "overlap area" within the IGA) and the Oro Valley Water Utility has no existing infrastructure within the area. 1 an effort to resolve this issue in a cooperative manner, staff members from Oro Valley and Marana have been .Meeting for some time to arrive at a solution that is mutually beneficial to both parties. The attached IGA is the result of this effort and is viewed by both parties to be a fair and equitable resolution to the issue. The Marana Town Council has already acted on this agreement by approving it at their April 3rd meeting. The major provisions of the agreement are as follows: • Marana agrees to provide domestic water service to the"overlap area". • Oro Valley agrees not to render service within the"overlap area". • Marana agrees to pay Oro Valley $750.00 per water service connection made by Marana in the "overlap area", until buildout of the area. ATTACHMENTS: 1. Resolution (R) 01 -31 . 2. Intergovernmental Agreement between the Town of Marana and the Town of Oro Valley FISCAL IMPACT: 'he total fiscal impact of this IGA is unknown at this time. As mentioned above, the Town of Marana will remit to Oro Valley the sum of$750.00 for every water service connection they make within the "overlap area", however, it is unclear how many lots will likely be developed within this area. Once this area is platted, we will be able to make a reasonable estimate as to the total amount to be collected. TOWN OF ORO VALLEY JUNCIL COMUNICATION Page 2 of 2 RECOMMENDATIONS: Staff recommends approval of Resolution(R) 01-31. SUGGESTED MOTION: I move to approve the adoption of Resolution(R) 01 - 31 Or I move to deny "lc._ 2 Water Utility Director own Manager RESOLUTION NO. (R) 01- 31 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE TOWN OF MARANA TO TRANSFER A PORTION OF ORO VALLEY'S WATER SERVICE AREA TO THE TOWN OF MARANA. WHEREAS, pursuant to ARS § 11-952, the Town of Oro Valley is authorized to enter into and or renew an Intergovernmental Agreement for joint and cooperative action with the Town of Marana to transfer a portion of Oro Valley's Water Service Area, located within the Marana town limits, to the Town of Marana; and WHEREAS, as part of the purchase of Canada Hills Water Company in 1996, the Town of Oro Valley acquired the obligation to serve an area commonly known as the Countryside area; and WHEREAS, a portion of the Countryside area is located within the corporate limits of the Town of Marana and is referred to as the Countryside "overlap area" because there are no water facilities in that area; and WHEREAS, the Town of Marana desires to provide domestic water service to the Countryside "overlap area," and pay the Town of Oro Valley $750.00 per water service connection made by the Town of Marana until build-out of the Countryside "overlap area;" and WHEREAS, it has been determined that it is in the best interest of the Town of Oro Valley and its residents to approve the Intergovernmental Agreement with the Town of Marana, so that the Town of Marana provides domestic water service to the Countryside "overlap area," for a term to commence on June 1, 2001 and terminate when the build-out of the Countryside "overlap area" is complete; and WHEREAS, the approval of the execution of the Intergovernmental Agreement, attached hereto as Exhibit "1" and incorporated herein by this reference, will further this goal and is hereby determined to be in furtherance of the public health, safety, and welfare of the residents of the Town of Oro Valley. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Intergovernmental Agreement by and between the Town of Oro Valley, Arizona, and the Town of Marana for the transfer of a portion of Oro Valley's Water Service Area, located within the Marana town limits, to the Town of Marana shall be for a term to commence on June 1, 2001 and terminate when the build-out of the Countryside "overlap area" is complete. Countryside IGA approval Office of the Oro Valley Town Attorney/sib 4.25.2001 BE IT FURTHER RESOLVED that the Intergovernmental Agreement attached hereto as Exhibit "1" and incorporated herein by this reference, is hereby approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Intergovernmental Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 2nd day of May , 2001. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney Countryside IGA approval Office of the Oro Valley Town Attorney/sib 4.25.2001 EXHIBIT 1 INTERGO VE NT AL AGREEMENT Countryside IGA approval Office of the Oro Valley Town Attorney/sib 4.25.2001 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND THE TOWN OF ORO VALLEY This Agreement is between the Town of Marana, Arizona("Marana"), a municipal corporation, and the Town of Oro Valley, Arizona("Oro Valley"), a municipal corporation. RECITALS 1. Oro Valley purchased the assets of the Canada Hills Water Company in 1996 and currently provides domestic water service to the territory previously served by the Canada Hills Water Company("Water Company"). Oro Valley issued revenue bonds to finance the purchase of the assets of the Water Company. 2. A portion of the territory previously certificated to the Water Company is located within the corporate limits and planned service area of Marana as described in Exhibit A attached hereto and incorporated herein by this reference(the"Overlap Area"). It is the intention of the parties that Marana provide domestic water service to the Overlap Area,pursuant to the terms and conditions of this Agreement, except for that portion of the Overlap Area depicted on Exhibit A along Camino de Oeste south of Countryside Subdivision within the Town boundaries, which will continue to be served by Oro Valley. 3. Marana and Oro Valley are empowered by Arizona Revised Statutes Section 9-511 to provide domestic water service and by Arizona Revised Statutes Section 11-251 to enter into this Intergovernmental Agreement. NOW THEREFORE, in consideration of the mutual promises made herein, the parties agree as follows: 1. Provision of Water Service in the Overlap Area. The parties acknowledge that Marana desires to provide domestic water service to areas within Marana's corporate limits and that Marana's potential water service area may include the Overlap Area). Marana agrees to provide domestic water service to the Overlap Area,pursuant to the terms and conditions of this Agreement and Marana's standard terms and conditions of service. So long as Marana complies with this Agreement, Oro Valley agrees not to render service in the Overlap Area. ORIGINAL 1 OF 2 2. Compensation to Oro Valley. Marana acknowledges that Oro Valley issued revenue bonds to finance the purchase of the assets of the Water Company("Revenue Bonds"), which included within its CC&N,the total area encompassed by the Overlap Area. The parties agree that Marana,through its water service connection fees repay that portion of those revenue bonds as more specifically set out herein. Therefore, except as provided in Paragraph 2.1,Marana shall pay to Oro Valley the amount of Seven Hundred Fifty Dollars ($750.00) for each water service connection made by Marana in the Overlap Area("Reimbursement Payments"). Nothing in the Agreement shall be construed to limit the authority of Marana to charge a water service connection fee or development fee for new connections in the Overlap Area different than the amount of the Reimbursement Payment. 2.1 Existing Connections on Camino de Oeste. Oro Valley acknowledges that there are 4 existing water service connections made by Oro Valley on Camino de Oeste and Oro Valley shall continue to provide water service to said existing connections. Marana shall not be required to pay to Oro Valley a Reimbursement Payment for the first 4 water service connections in Section 23 of the Overlap Area. 2.2 Segregated Account. Each time Marana authorizes a water service connection in the Overlap Area, Marana shall place an amount equal to the Reimbursement Payment for such connection in a segregated account. All interest earned on the funds placed in the segregated account shall belong to Marana. 2.3 Schedule of Payments. Reimbursement Payments shall be transferred to Oro Valley on the first day of July and January of each year. 2.4 Adjustments to Reimbursement Payments. The Reimbursement Payments shall be increased annually on the anniversary date of this Agreement by 3%. 3. Representations of Oro Valley. Oro Valley represents to Marana that the Reimbursement Payments shall be used solely to pay principal and interest on the Revenue Bonds, or to reimburse Oro Valley for such payments. 4. Transfer of Facilities and Easements. 4.1 Oro Valley shall convey any Water Delivery Facilities it owns, if any, within the Overlap Area to Marana, except as provided in Paragraph 2.1("Water Delivery Facilities"). Oro Valley represents to Marana that as to any Water Delivery Facilities conveyed to Marana: (1) except for the indebtedness represented by the Revenue Bonds, there are no liens or encumbrances on said Water Delivery Facilities; (2)the Water Delivery Facilities are in compliance with all applicable codes and ordinances; and (3)the Water Delivery Facilities are located in rights-of-way dedicated to the public or in easements to be conveyed to Marana pursuant to Paragraph 4.2. Oro Valley shall appear, defend and indemnify Marana against any and all claims and causes of action incurred by Marana with respect to said representations and warranties. The Water Delivery Facilities shall be conveyed by Oro Valley to Marana on or before July 1, 2001. Conveyance of the Water Delivery Facilities, if any, shall be by a Bill of Sale in the form attached hereto as Exhibit B. The Reimbursement Payments shall constitute the total compensation to be paid by Marana to Oro Valley for the right and privilege to serve the Overlap Area, Oro Valley's commitment to forego the provision of water service in the Overlap Area, the Water Delivery Facilities,the Easements and all other promises and consideration given by Oro Valley to Marana hereunder. 4.2 All easements owned by Oro Valley in the Overlap Area, if any, ("Easements"), shall be conveyed by Oro Valley to Marana on or before July 1, 2001. Oro Valley represents and warrants to Marana that, as to Easements conveyed to Marana, it owns the Easements, free and clear of all liens or encumbrances. In addition, and not by way of limitation, Oro Valley represents and warrants that any Water Delivery Facilities it may convey pursuant to Paragraph 4.1 are located in Easements it owns, free and clear of all liens or encumbrances. Conveyance of the Easements, if any, shall be by Special Warranty Deed in the form attached as Exhibit C. The Reimbursement Payments shall constitute the total compensation to be paid by Marana to Oro Valley for the Easements. Oro Valley shall appear, defend and indemnify Marana against any and all claims and causes of action incurred by Marana with respect to any claim by a third party of ownership of the Easements. 5. Limitation of Marana's Liability. Marana shall not by this Agreement incur any obligation whatsoever with respect to the Revenue Bonds and repayment of the Revenue Bonds shall be the sole obligation of Oro Valley. Marana's sole obligation is to remit to Oro Valley the Reimbursement Payments. 6. Term. The term of this Agreement shall commence on June 1, 2001 and shall terminate when the buildout of the Overlap Area is complete and all payments due for each water service connection have been paid to Oro Valley pursuant to Section two (2) above. All parties acknowledge that this Agreement is subject to cancellation pursuant to Section 38-511, Arizona Revised Statutes, as amended,the provisions of which are incorporated herein. 7. Default. 7.1 General. If either party breaches the terms of this Agreement, the non- breaching party shall provide written notice to the other specifying the facts upon which it is believed the breaching party has failed to comply with the terms and conditions of this Agreement. The party alleged to be in breach of this Agreement shall have ten days to cure the breach and, if the breaching party fails to cure the breach, then the remedies set forth in Paragraphs 7.2 and 7.3, as applicable, shall apply. 7.2 Default by Marana. If Marana breaches the terms of this Agreement, Oro Valley may elect to either provide domestic water service in the Overlap Area or sue Marana for damages in the amount of the Reimbursement Payments not paid. 7.3 Default by Oro Valley. If Oro Valley breaches the terms of this Agreement, Marana may sue Oro Valley for specific performance or monetary damages. 8. General Terms and Conditions. 8.1 This Agreement shall not be utilized by the Parties for any purpose other than resolving the issue of service to the Overlap Area and shall not be construed as setting any precedent regarding the Parties' rights to serve the Overlap Area in the absence of this Agreement. 8.2 This Agreement shall inure to the benefit of and be binding upon the parties hereto, their future grantees,respective successors and assigns. 8.4 This Agreement may be executed in one or more counterparts and each executed counterpart shall for all purposes be deemed an original and shall have the same force and effect as an original. 8.5 This Agreement may not be amended or any of its terms modified without written consent of Marana and Oro Valley. 8.6 This Agreement shall be governed by the laws of the State of Arizona. 8.7 All notices and demands required or permitted by this Agreement shall be in writing and shall be deemed to have been given properly when delivered personally or sent by Certified Mail (postage fully prepaid)to the respective address below or to such other address as may be furnished in writing to the other party. Notice to Oro Valley: Notice to Marana: Town Manager Town Manager Town of Oro Valley Town of Marana 11000 N. La Canadia Drive 13251 N. Lon Adams Oro Valley, Arizona 85737 Marana, Arizona 85653 8.8 This Agreement shall be recorded with the Pima County Recorders Office within ten days after its execution. 8.9 Conflict of Interest. Pursuant to A.R.S. § 38-511,the state, its political subdivisions or any department of either,may,within three (3)years after its execution, cancel any contract,without penalty or further obligation,made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time,while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party to the contract with respect to the subject matter of the contract. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year written above. ORO VALLEY MARANA AirfW,Ififi 411.:z4r By By ATTEST: ATTEST: •i , Town Clerk /f"nCler/' o "0111/01 ,,,oF .4�',...0„CORPORATE ooc, r SEAL 4.1 41- 19 iCYPA* 1111111% ATTORNEY DETERMINATION In accordance with the requirements of ARS Section 11-952(D), each of the undersigned attorneys acknowledge that: (1)they have reviewed the above Agreement on behalf of their respective clients; and, (2) as to their respective clients only, each attorney has determined that this Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona. 41„,OP OF For the Town of Oro Valley For the Town of Manana Date Date '4/1-3-a . . EXHIBIT A • ____ , 1.----1 ; , /1- , - i ' -- / i. ----- - ._ - ; -- J ,_____., . ,. • , . <--\ I-___ .,____, / , ,, ; , / . ,__-_-, _ _ ,---4-.H ______ , ,______ __________, r____4_____,,,,,--. \ -1 - ,0,---,' , ,,.-- - , . , : . . . ., ' '__� __ ___-__ 1 v - . . .... ! __________± T__. • .._____. , , , L\7- , , , , . , _, --, ....,..._ . : . . .• /- i ..__' %. _�� i i jl 1 ,),,x. .., , ________ y =► _ moi► pip , : 1 4111* .4, # 41* 1. 4: % „or /401 , � r i,, ### i4‘ *A .*_ * # 400100:441 ! il* 40 114,: 7::0:1 I I I 0.41 111611111'ilwf; ' . 4. 1.* . . . 0 i 4•4‘-• , ...1".....41Rgra ai#64°,1",, 441,6 s ,pr- .40proprorlipl, Niipr~ ,\ ' ' . #ttis 11111 .41* ill • X,s, \ \i iv- •..,,gpr.- 0..4, 4040 14 h42 i 1 I Pt I 1 140':-,, . I h„..4tik,74* 1 1 1 0,4.*#41 k*-N--4 4,1 4,8911,,, „arid, / , .-N . \:\ \ 1\'':\<;\-\. 1.,„ \ \ i umb.-4„,,.....kik...46....dik..- ,- ..--.200...--.2“......026.20E. a , , \ .. , ri.,........,...v.v.v.4.v. i , , .1- mr....\,,,,vii.::::. !‘\. \ \\!, +, 4411, Z Alk.... /41;:i"#,..'"."."- , it: AO' 3010,. il\, .7jr *44$ '!-- —;ammo\\ 46.4!CO... . 0 ,44,777.1 min ti>`:.1„.„1"IWi._,,,:,-3 ,,,,,, /7\.‘ . . ,.: ''..1 -_- . + _ = J• S f �I'i i i i!33 7 z!•r t ! !i!,i t•. .-._. // .,/ .,., . 1 Z p.44/0 ,.---.,-,---- ii_.,____,._____.r., ...1- , mumuiwaisma -.rim--4,i .;- • '\ _�.� 5 ail' _ �`•=0-4,,,„,„.11,41,rai ,- --------i r- alini / 1'. ' ..-01101170i4 osmium i fiK/ii i 4't f � - 4•� —t it__�„_r-• _=-r-r---=� � ___--- '611111,141 .1e_ ��. � i i _...1, j� r 4-- 'it-4'.-. ,L.4,7.; --t I,;.L.,...A.Ame....„.., i 1,, i `' I mss,, �„1 i 4 i .l' .7, \ „.., • r ,, f • �q�ift� '71 NMI r \\ .•moi s�� _ �z �` '----J FARMS Marana and Oro Valley , \ -- : ._____--,_t_. Water Service \,, \\\ . -- - ,______ 100,....4„.\-10./- 't e-,771,-,'\', Overlap Area N -=�`- - � _emarii, , ., ' ."It WV' ... ! Ojj tftt _1I4HII uu mg, ,,/..1.-"••••• E:1 Oro Valley Water Service Area �j '� \ , \' � ttyigtifA/ ��,,,,,,,�,. Marana and Oro Valley An Miffing. + ./,\.\\,/.,-' \.... -�_`` � - �= Service Area Overlap • i ► 1 �4_ �� _� ti / l • ! • Exhibit B If any Facilities are found in that portion of Section 23 this form will be used. BILL OF SALE - PERSONAL PROPERTY OR GOODS Effective Date: County and State of Transaction: Pima County, Arizona SELLER(Name, Mailing Address and Zip Code) BUYER (Name,Mailing Address and Zip Code) Town of Oro Valley, Arizona Town of Marana 11000 North La Canada Drive 13251 North Lon Adams Road Oro Valley, Arizona 8 5737-7015 Marana, Arizona 85653 Address or Location of Property Sold Marana, Arizona Personal Sold (List Personal Property by Description,Serial Number and other Identifying Charachteristics.) • • • • BILL OF SALE - PERSONAL PROPETY OR GOODS - Page 1 G-8 © LawFormsl0-71, 11-85, 12-90, 6-91 , 8-91 Continued on Reverse Side . 1 r t• Exhibit C If any Facilities are found in that portion of Section 23 this form will be used. When Recorded Return to: Town Clerk Town of Marana 13251 North Lon Adams Road Marana, Arizona 85653 SPECIAL WARRANTY DEED Exempt pursuant to A.R.S. §42-1614(A)(3) For the consideration of Ten Dollars, and other valuable considerations, I or we, PUT IN NAME HERE do hereby convey to: Town of Marana, a municipal corporation the following described property situated in the County of Pima, State of Arizona, together with all rights and privileges appurtenant thereto, to wit: SUBJECT TO: Current taxes, assessments, reservations in patents and all easements, rights of way, encumbrances, liens, covenants, conditions and restrictions as may appear of record. And the Grantor hereby binds itself and its successors to warrant and defend the title, as against all acts of the Grantor herein and no other, subject to the matters above set forth. Dated this day of , 200 [PUT IN NAME HERE] By Its STATE OF ARIZONA ) ) ss. County of Pima ) This instrument was acknowledged before me this day of , 200_, by , as Notary Public My Commission Expires: 1645\13\document\Special WarrentyDeed TOWN OF ORO VALLEY `; COUNCIL COMMUNICATION MEETING DATE: May 2, 2001 TO: HONORABLE MAYOR& COUNCIL FROM: Shirley Seng, Utility Administrator SUBJECT: Resolution No. (R) 01- 32 Providing Notice of Intent to Increase Water Rates and Fees for the Oro Valley Water Utility SUMMARY: The Town of Oro Valley is nearing completion of its annual budgeting process for FY 2001/2002. As part of the process, water rates for the Oro Valley Water Utility were reviewed. Based on the analysis of five year projected expenses and required revenue, the Oro Valley Water Utility Commission (Commission) recommended that several actions be taken regarding rates: • Increase the monthly base rates to continue to phase in use of the demand concept. This concept allocates expenses to the various meter classes on the basis of the service level demand they place on the system that is unrelated to the amount of water consumed. • Modify the existing 3-tier commodity rate to further encourage conservation. • Modify the thresholds for the commodity tiers to provide more competitive rates with regional water providers. These thresholds vary depending on meter size and have been identified in the attached Rate Report. The Commission also recommended that the wholesale rate be increased in the same manner as a standard 6" meter. La Cholla Air Park, the utility's only wholesale account, contacted staff and requested that their rate be modified to give them a discounted rate and reimburse them for what they believe are overcharges since the rate was equalized last year. This issue was referred to the Town Attorney who determined that there was no basis either in law or in fact obligating the Town to continue to provide a wholesale water rate different from the standard commodity rate charged other users. Pursuant to Arizona statutes, municipalities may not increase water rates without adopting a Notice of Intent to Increase Water Rates. The attached Resolution is prepared to serve as the Town's Notice of Intent to Increase Water Rates. Additionally, state statutes require that a Rate Report be made available to the public for review and comment thirty (30) days prior to the public hearing. The attached Resolution requires that Rate Report be placed on file as well as establishes a public hearing date for June 6, 2001 allowing the Mayor and Council to receive comments from the public and to formally consider a modification to the rates currently in effect. Any rate increase authorized by Mayor and Council would be done via a future resolution. The new rates would become effective thirty (30) days after adoption of that resolution. ANALYSIS: Based on the Commission's recommendation, staff has included two options regarding water rates in the Rate Report for Council consideration. The following is a general summary of those options. Details for each option may be found in the attached Rate Report. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 Preferred Financial Scenario AA7 is the recommendation of the Commission as describe above. The recommended rate structure yields a 7% overall revenue increase for FY 01-02. Scenario AA7 meets all financial criteria established by the Commission in 1998 and provides revenue necessary to meet the proposed expenditures. The rate design for this scenario will have minimal impact to the customers with low water usage and a more significant impact to those using more water than the annual average. Scenario AA7 is described in detail in the attached Rate Report. Alternate Financial Scenario AA3 consists of data reflecting the same proposed expenditures, but uses the assumption that cash reserves will be used to fund the acquisition of water rights as opposed to bond funds. The projected revenue increases (10% in FY 01-02) are higher which result in a larger net income annually and a reduction of the projected net loss in year 5 when the golf courses are projected to be removed from groundwater. Scenario AA3 complies with the guidelines of the established financial criteria and could be considered a valid option. FISCAL IMPACT: The adoption of Resolution No. (R) 01- 32 providing Notice of Intent to Increase Water Rates will have no financial impact; however, should Council approve a future resolution to increase water rates, the increase will provide revenue sufficient to meet proposed expenditures. STAFF RECOMMENDATIONS: Staff respectfully recommends adoption of Resolution No. (R) 01- 32 Providing Notice of Intent to Increase Water Rates and Fees for the Oro Valley Water Utility with Exhibit "A" serving as the required Rate Report for public review and establishing a public hearing on the matter for June 6, 2001. ATTACHMENTS: 1. Resolution No. (R)01-32 Providing Notice of Intent to Increase Water Rates and Fees 2. Exhibit "A" —Oro Valley Water Utility Rate Report 3. Letter to Mayor Loomis from La Cholla Air Park 4. Letter to Timothy Berg, Legal Counsel for La Cholla Air Park, from the Town Attorney SUGGESTED MOTION: I move to approve Resolution No. (R) 01- 32 Providing Notice of Intent to Increase Water Rates and Fees for the Oro Valley Water Utility and establishing a public hearing for June 6, 2001. Or I move to Utility A dmini rator 4 r Utility Di if for f / A Town Manager RESOLUTION NO. (R) 01- 32 RESOLUTION OF THE OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA PROVIDING NOTICE OF INTENT TO INCREASE WATER RATES AND FEES FOR THE ORO VALLEY WATER UTILITY WHEREAS, Oro Valley has the requisite statutory authority to acquire, own and maintain a water utility for the benefit of the landowners within and without the Town's Corporate boundaries pursuant to the provision of Arizona revised Statute 48-571 et. Seq.; and WHEREAS, Oro Valley is a political subdivision of the State of Arizona, and pursuant to Article 13, Section 7 of the Arizona constitution, is vested with all the rights, privileges and benefits, and entitled to the immunities and exemptions granted municipalities and political subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, Oro Valley now finds it necessary to consider increasing water rates and fees for the Oro Valley Water Utility pursuant to Arizona Revised Statute 9-511.01; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA: 1. That Notice of Intent to Increase Water Rates and Fees is hereby given for the Oro Valley Water Utility. 2. That a public hearing be held on the proposed increases at a regular meeting of the Mayor and Council at 7:00 PM on June 6, 2001 in the Council Chambers of the Town of Oro Valley, Town Hall, 11000 N. La Canada Dr., Oro Valley, Arizona. 3. That Exhibit "A" attached hereto be made available to the public in the office of the Town Clerk for review and comment for thirty (30) days prior to the public hearing. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Pima County, Arizona this 2nd day of May, 2001. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Dan Dudley, Town Attorney EXHIBIT "A" Oro Valley Water Utility Rate Report for Proposed Increase in Water Rates & Fees May 2, 2001 Contents: Scenario AA7: Water Utility Commission Recommendation Scenario AA3: Alternate Financial Scenario Preferred Financial Scenario Scenario AA7 Preferred Financial Scenario Scenario AA7 The following are the assumptions used in preparing these projections: • Growth is based on 792 new residential customers in FY 2001-02 and 700 new residential customers per year thereafter. • Wholesale rates will be set the same at the standard 6"meter. • Golf courses will be removed from groundwater over two years beginning in FY 2004-05 • Seven percent (7%)revenue increases in all five years. • Rate increases are effective at the beginning of each fiscal year. • Financing of capital improvements and acquisition of water rights will be achieved through the sale of bonds during FY 2000-01. • Personnel costs increase 5% annually for COLA and merit. • Operations and maintenance costs increase 3% annually. • Debt service does not fall below the required 1.25:1 ratio. • The utility does not experience a loss for more than 2 consecutive years. • The minimum cash balances meet or exceed 15% of cash outlays excluding capital. • Retained earnings maintain a positive balance. co Ln co scn co O co O O N O C) c) In o LO O h. 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N W LU W D Q U m CL W w WN ca TABLE FOR MONTHLY CHARGES & PERCENT INCREASE COMPARISON CUSTOMERS WITH A 5/8 X 3/4" METER PROPOSED BASE RATE 6.67% INCREASE IN BASE RATE FROM $11.25 TO $12.00 (INC. 1000 GALS) PROPOSED COMMODITY 6.74% INCREASE IN TIER 1 FROM $1.78 TO $1.90 (1,000 - 10,000 GALS) 12.98% INCREASE IN TIER 2 FROM $2.08 TO $2.35 (10,001 - 25,000 GALS) RS-4 revised 29.87% INCREASE IN TIER 3 FROM $2.31 TO $3.00 (OVER 25,000 GALS) CUSTOMERS GALLONS CURRENT PROPOSED AMOUNT PERCENT IN USAGE USED RATE RATE INCREASED INCREASED CATEGORY 0 11.25 12.00 0.75 6.7'` 385 v � 1,000 11.25 12.00 0.75 6.7 501 2,000 13.03 13.90 0.87 6.7 678 3,000 14.81 15,80 0.99 6.7 828 4,000 16.59 17.70 1.11 6.7 1000 shaded area 5,000 18.37, 19.60 1.23 6.7 1074 represents 6,000 20.15 21.50 1.35 6.7 1076 58%of residential 7,000 21.93 23.40 1.47 6.7 994 customer base 8,000 23.71 25.30 1.59 6.7 898 9,000 25.79 27.20 1.41 5.5 760 10,000 27.87 29.10 1.23 4.4 680 11,000 29.95 31.45 1.50 5.0 577 12,000 32.03 33.80 1.77 5.5 494 13,000 34.11 36.15 2.04 6.0 419 14,000 36.19 38.50 2.31 6.4 368 15,000 38.27 40.85 2.58 6.7 300 16,000 40.35 43.20 2.85 7.1 262 17,000 42.66 45.55 2.89 6.8 204 18,000 44.97 47.90 2.93 6.5 196 19,000 47.28 50.25 2.97 6.3 166 20,000 49.59 52.60 3.01 6.1 137 21,000 51.90 54.95 3.05 5.9 120 22,000 54.21 57.30 3.09 5.7 106 23,000 56.52 59.651 3.13 5.5 95 24,000 58.83 62.00 3.17 5.4 74 25,000 61.14 64.35 3.21 5.3 68 26,000 63.45 67.35 3.90 6.1 59 27,000 65.76 70.35 4.59 7.0 50 28,000 68.07 73.35 5.28 7.8 46 29,000 70.38 76.35 5.97 8.5 40 30,000 72.69 79.35 6.66 9.2 36 31,000 75.00 82.35 7.35 9.8 31 32,000 77.31 85.35 8.04 10.4 30 33,000 79.62 88.35 8.73 11.0 26 34,000 81.93 91.35 9.42 11.5 19 35,000 84.24 94.35 10.11 12.0 20 36,000 86.55 97.35 10.80 12.5 18 37,000 88.86 100.35 11.49 12.9 17 38,000 91.17 103.35 12.18 13.4 13 39,000 93.48 106.35 12.87 13.8 11 40,000 95.79 109.35 13.56 14.2 11 TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 1" METER BASE RATE = $30.01 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 16,000 GALLONS TIER 2 = $2.35 FOR 16,001 -27,000 GALLONS TIER 3 = $3.00 FOR USAGE OVER 27,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 28.13 30.01 1.88 6.7% 16,000 54.83 58.51 3.68 6.7% 27,000 77.71 84.36 6.65 8.6% 38,000 103.12 117.36 14.24 13.8% 50,000 130.84 153.36 22.52 17.2% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 1 112" METER BASE RATE = $60.00 COMMODITY RATE: TIER 1 = $1.90 FOR 0 -38,000 GALLONS TIER 2 = $2.35 FOR 38,001 - 64,000 GALLONS TIER 3 = $3.00 FOR USAGE OVER 64,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 56.25 60.00 3.75 6.7% 38,000 122.11 130.30 8.19 6.7% 64,000 176.19 191.40 15.21 8.6% 90,000 236.25 269.40 33.15 14.0% 125,000 317.10 374.40 57.30 18.1% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 2" METER BASE RATE = $96.00 COMMODITY RATE: TIER 1 = $1.90 FOR 0 -80,000 GALLONS TIER 2 = $2.35 FOR 80,001 - 134,000 GALLONS TIER 3 = $3.00 FOR USAGE OVER 134,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 90.00 96.00 6.00 6.7% 80,000 230.62 246.10 15.48 6.7% 134,000 342.94 373.00 30.06 8.8% 275,000 668.65 796.00 127.35 19.0% 325,000 784.15 946.00 161.85 20.6% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 3" METER BASE RATE = $192.00 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 186,000 GALLONS TIER 2 = $2.35 FOR 186,001 - 311,000 GALLONS TIER 3 = $3.00 FOR USAGE OVER 311,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 180.00 192.00 12.00 6.7% 100,000 356.22 380.10 23.88 6.7% 186,000 509.30 543.50 34.20 6.7% 311,000 769.3 837.25 67.95 8.8% 450,000 1090.39 1254.25 163.86 15.0% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 4" METER BASE RATE = $300.00 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 169,000 GALLONS TIER 2 = $2.35 FOR 169,001 -283,000 GALLONS TIER 3 = $3.00. FOR USAGE OVER 283,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 281.25 300.00 18.75 6.7% 100,000 457.47 488.10 30.63 6.7% 169,000 580.29 619.20 38.91 6.7% 283,000 817.41 887.10 69.69 8.5% 350,000 972.18 1088.1 115.92 11.9% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 6" METER BASE RATE = $600.00 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 1,800,000 GALLONS TIER 2 = $2.35 FOR 1,800,001 - 3,006,000 GALLONS TIER 3 = $3.00 FOR USAGE OVER 3,006,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 562.50 600.00 37.50 6.7% 1,000,000 2340.72 2498.10 157.38 6.7% 1,800,000 3764.72 4018.10 253.38 6.7% 3,000,000 6260.72 6838.10 577.38 9.2% 5,000,000 10879.34 12838.10 1958.76 18.0% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 8" METER BASE RATE = $1200.00 COMMODITY RATE: TIER 1 = $1.90 FOR 0 - 1,800,000 GALLONS TIER 2 = $2.35 FOR 1,800,001 -3,006,000 GALLONS TIER 3 = $3.00 FOR USAGE OVER 3,006,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 1125.00 1200.00 75.00 6.7% 1,000,000 2903.22 3098.10 194.88 6.7% 1,800,000 4327.22 4618.10 290.88 6.7% - 3,000,000 6823.22 7438.10 614.88 9.0% 5,000,000 11441.84 13438.10 1996.26_ 17.4% GOLF COURSE CONSERVATION RATES TO BECOME EFFECTIVE WHEN USAGE EXCEEDS THE ARIZONA DEPT. OF WATER RESOURCES ANNUAL ALLOTMENT. Alternate Financial Scenario Scenario AA3 Alternate Financial Scenario Scenario AA3 The following are the assumptions used in preparing these projections: • Growth is based on 792 new residential customers in FY 2001-02 and 700 new residential customers per year thereafter. • Wholesale rates will be set the same at the standard 6"meter. • Golf courses will be removed from groundwater over two years beginning in FY 2004-05 • Ten percent(10%)revenue increases in FY 2001-02,FY 2002-03 and FY 2003-04 followed by twelve percent(12%) increases in remaining two years. • Rate increases are effective at the beginning of each fiscal year. • Financing of capital improvements and partial financing of acquisition of water rights will be achieved through the sale of bonds during FY 2000-01. Utility to use$2.5M cash reserves to finance remaining amount of water rights. • Personnel costs increase 5% annually for COLA and merit. • Operations and maintenance costs increase 3% annually. • Debt service does not fall below the required 1.25:1 ratio. • The utility does not experience a loss for more than 2 consecutive years. • The minimum cash balances meet or exceed 15% of cash outlays excluding capital. • Retained earnings maintain a positive balance. 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(n (� rt u' E U = w Z Q Q t.L W N Q Q Q z > co z I < < < 0 I Q W Z E2o z I z >- 0 I 2 W 0 0 0- 0 (� U U U (r) - > - a- E- (O LL I— co I-- > 0 L m < z < z U Z 0 W C O a a TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR CUSTOMERS WITH A 8" METER BASE RATE = $1200.00 COMMODITY RATE: TIER 1 = $1.98 FOR 0- 1,800,000 GALLONS TIER 2 = $2.45 FOR 1,800,001 -3,006,000 GALLONS TIER 3 = $3.25 FOR USAGE OVER 3,006,000 GALLONS GALLONS BILL AT THE BILL AT THE AMOUNT OF PERCENT OF USED IN CURRENT PROPOSED INCREASE INCREASE 1 MONTH RATE RATE PER MONTH 0 1125.00 1200.00 75.00 6.7% 1,000,000 2903.22 3178.02 274.80 9.5% 1,800,000 4327.22 4762.02 434.80 10.0% 3,000,000 6823.22 7702.02 878.80 12.9% 5,000,000 11441.84 14197.22 2755.38 24.1% GOLF COURSE CONSERVATION RATES TO BECOME EFFECTIVE WHEN USAGE EXCEEDS THE ARIZONA DEPT. OF WATER RESOURCES ANNUAL ALLOTMENT. FENNEMORE CRAIG The Honorable Paul Loomis March 2, 2001 Page 2 The concept behind establishing a lower rate for resale customers is based on reduced O&M expenses incurred by the initial water provider. Because the Point of deliveryis at one location and the reseller has all the responsibility beyond that point to deliver water through a system they sp �' Y construct, maintain and operate, there are costs that they incur that the provider initial does not. The original water provider does incur similar O&M costs on the rest of the system before that point of delivery. Those O&M costs are included in the rates. Further, in the summarythe staff recommends that the Wholesale Agreement be amended to establish a rate of $1.45 per 1,000 gallons, and that the rate be subject to periodic review. The recommended rate was the rate ultimately included in the amendment to the Wholesale Agreement along with the provision that the rate is subject to periodic review. Additionally, La Cholla's understanding, supported by the meeting summary and a e of the Wholesale Agreement, is that any future rates would continue to be the langu g wholesale rates. That- anymodification of the rate would reflect a change in the O&M is, costs incurred by the Town yetistill account for the value of the O&M ncurred by La Cholla. Arizona Law-Discrimination The Arizona State Legislature slature enacted Arizona Revised Statutes ("A.R.S.") Section 9-516(C) in 1972 to set forth the obligations of municipalities that provide water utility service outside their boundaries. In Jung v. City of Phoenix, 160 Ariz. 38, 40 ty (1989), the Arizona Supreme Court interpreted A.R.S. § 9-516(c) as requiring a municipality to charge non-residents reasonable rates for water utility service. Further, if p ty � the rates charged non-residents differ from the rates charged to residents, the municipality must have a reasonable basis for the discrimination in its charges. Id. at 41. The Town is currently charging La Cholla the same retail rate that it charges its residents. La Cholla, in turn, must add its costs when calculating the rates applicable to its residents. Therefore, the La Cholla residents are paying more then the Town's residents. The Town cannot justify this discrimination in charges. The Town's cost of Pg rovidin water to La Cholla is reduced because La Cholla incurs the cost of operating and maintaining the water system within its boundaries, providing meters, meter reading and billing. Therefore, because the Town's costs in providing water to La Cholla are reduced, the Town cannot lawfully charge La Cholla a retail rate. FENNEMORE CRAIG The Honorable Paul Loomis March 2, 2001 Page 3 Proposed Resolution For these reasons, we believe that the Town may not lawfully charge La Cholla retail rates for water. La Cholla would prefer to resolve this amicably. In order to do so, La Cholla and the Town must agree to a wholesale rate that reflects the value of decreased O&M to the Town. Further, La Cholla must be reimbursed for the difference g between the retail rate being charged since August 2000 and the appropriate wholesale rate. We wouldappreciateyour consideration of the information provided herein and_ resolution proposed byLa Cholla. La Cholla wishes to resolve this matter as quickly the p p as possible, we therefore, request that you respond within ten days of the date of this letter. Sincerely, Timothy Berg cc: Mary M. Walker Alan Forrest,Director Oro Valley Water Utility 1160311.1/58295.001 Ey 11000 N La Canada Dr. �c•• �,, Telephone: (520)-229-4760 `.:may'^.';:: �Y �' Oro Valley,Arizona 85737 :T�: �;= {�� Fax (520)-229-4774 c r d ?: 7 ' Ez‘L;;-. - -utvDED The Town of Oro Valley Office of the Town Attorney025?-627 2,9,4e ti March 26, 2001 NAR 2001 co Received " Town Of Oro Yale � WaterUte �o; Timothy Berg `4l $‘' Fennemore Craig 3 003 North Central Avenue- Site venueSite 2600 Phoenix, Arizona 85012-2913 Re: La Cholla Air Park/Water Utility Service Dear Mr.Berg: Thank you for your letter regarding the above referenced matter. However, I found the route chosen to communicate your client's concern somewhat curious. In the future with regard to any dealings with the Town will you please contact this office directly. In your letter of March 2, 2001, you questioned the Town's right to do away with the wholesale water rate previously applicable to your client La Cholla Air Park,Inc. based upon the Town's acceptance of the assignment of the Wholesale Water Agreement between your client and Rancho Vistoso Water Company, Inc. and the obligation imposed pursuant to A.R S. Section 9-516 (C)to charge non-resident customers the same as resident customers. In my review of the controlling documentation and law, I cannot reach the same conclusions as you suggest in your letter and it is my opinion that the Town is not obligated pursuant to either State law or the agreement to continue to provide a wholesale water rate to your client. WHOLESALE WATER SERVICE AGREEMENT The Town of Oro Valley purchased only specified assets of Rancho Vistoso Water Company, Inc. I can find no evidence that the Wholesale Water Agreement(assuming it was in fact an asset)was one of those specified assets purchased. In addition, it is clear that the associated liabilities of assets purchased by the Town of Oro Valley were not transferred to the Town pursuant to that asset purchase agreement. I am not unmindful of the adoption by the Town Resolution No. (R) 96-3 3 which purported to amend the Rancho Vistoso Water Company, Inc. Wholesale Agreement with La Cholla Air Park,Inc. but Oro Valley was not a party to that original agreement. The Resolution and the • Page 2 March 26, 2001 accompanying Agreement therefor can be rescinded unilaterally. Additionally, even_ifthe Agreement could not be rescinded unilaterally, the clear wording of the Resolution/Aueement would permit the unilateral setting of the rate by the Town. ARIZONA LAW— DISCREVECNATION I have reviewed both ARS. Section 9-516 (C) and the-case of Juni v. City of Phoenix, 160 Arizona 38-40 (1989) and find neither the statute nor the case interpreting the statute persuasive of your argument that the Town by charging La Cholla Air Park, Inc. (as opposed to the residents within that Air Park)the standard commodity rate was acting in a discriminatory manner. Your suggestion that the fact that the residents with the La Cholla Air Park were somehow charged a higher rate because they are required to maintain the infrastructure within the Air Park is also not persuasive. A different result might occur for the individual residents in the Air Park were they customers of the Oro Valley Water Utility rather than the Association. If you have any further factual or legal basis in support of your position please advise and I will of course review that information. However, as submitted in your letter of March 2, 2001 I can see no basis either in law or in fact obligating the Town to continue to provide a wholesale water rate different from the standard commodity rate charged other users. • Sincerely, #4111 .11es, Dan L. Dudley Town Attorney cc: Chuck Sweet, Town Manager Alan Forrest, Water Utility Director Town of Oro Valley Telephone:(520)-229-4760 Office of the Town Attorney Fax:(520)-229-4774 11000 N.La Canada Dr Oro Valley,Arizona 85737 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: May 2,2001 TO: HONORABLE MAYOR& COUNCIL FROM: Bryant Nodine, AICP, Planning and Zoning Administrator SUBJECT: PUBLIC HEARING ORDINANCE (0)01- it OV7-01-01 AMENDMENT TO THE NATIVE PLANT SALVAGE CODE, OVZCR CHAPTER 14 AND RELATED DEFINITIONS, CHAPTER 2 BACKGROUND: On January 11, 2001, at the request of Staff, the Commission initiated this item to allow administrative review and approval of Native Plant Preservation, Salvage and Mitigation Plans (NPPSMPs). Currently the DRB and Town Council consider NPPSMPs. SUMMARY OF THE AMENDMENTS: The proposed changes are shown in the attached Ordinance. Staff has been working with the current Native Plant Salvage (NPS) Code for over a year. That code changed e planapproval process from Planning and Zoning Administrator approval to DRB consideration and Council _pproval. Staff proposes this amendment to, again, allow administrative approval. We have found that there are three parts to the review and approval of NPS plans: 1. A site visit by qualified staff, with the applicant, to assess the salvagability of each plant. 2. Accounting to assure that the plan meets the mitigation requirements of the Code for any salvageable plant that is not salvaged. 3. Revision of the proposed grading plan to protect plants that are significant but cannot be salvaged. The first two steps are clearly administrative. The third, is part of the Site Resource Inventory and can be handled during the development plan or plat review by staff, DRB, and ultimately the Council. Thus there is little or no benefit in sending NPS plans to the DRB and Town Council. Allowing administrative approval would shorten the approval process by 10 weeks. However, the proposed change may or maynot shorten overall approval times for projects because NPS review and approval is usually run concurrently with the review and approval of plats or development plans. It will save approximately 10 hours of Planning and Zoning Division staff time per project or approximately 200 hours per year. This is the time required to accept resubmittals, prepare reports, and transmit the materials to the DRB and Town Council, and report the results of the meetings to the applicant. Time for other staff, such as the Town Clerk staff, is not included in this estimate. COMMENTS AT THE PRESENTATION TO DRB: 'aff presented this amendment to the DRB on February 13, 2001 for their comments. DRB did not indicate _Ay concerns with, or recommend any changes to, the proposed code (see the attached minutes). At the meeting, Mr. Hulsey requested that the DRB or Council handle appeals of the Planning and Zoning Administrator's decisions on NPPSMPs. The current Code provides that Board of Adjustment hears appeals of TOWN OF ORO VALLEY 1'OUNCIL COMMUNICATION Page 2 of 2 Administrative decisions related to the Code. Though the DRB may be more familiar with Native Plant Salvage Plans than the Board of Adjustment, Staff does not support a special appeal procedure. The NPPSMP sections of the Code are no more technical or unique than any other sections that the Board of Adjustment would hear in an appeal; and the NPPSMP sections do not address site planning or aesthetics, which are the purview of the DRB. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission reviewed the proposed changes on April 6, 2001 and recommended approval (7-0) RECOMMENDATION: Staff recommends approval of the proposed changes. SUGGESTED MOTION: I move to approve Ordinance (0)01- i 1 proposed changes to the Oro Valley Zoning Code Revised, Chapter 14,Native Plant Salvage Requirements. OR T move to approve Ordinance (0)01- 11 proposed changes to the Oro Valley Zoning Code Revised, Chapter Native Plant Salvage Requirements with the following changes: OR I move to deny Ordinance (0)01- 11 proposed changes to the Oro Valley Zoning Code Revised, Chapter 14, Native Plant Salvage Requirements, finding that: ATTACHMENTS: 1. Ordinance (0)01- 11 2. Excerpt of the February 13, 2001 DRB Meeting Minutes 3. Excerpt of the March 6, 2001 Planning and Zoning Commission Meeti Ai, Minutes � I Play. d Zo ing Administrator c Community evelopment Director Town Manager F:\OV\OV7\2001\01\NPS Changes TC 050201.doc ORDINANCE NO. (0)01-il AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THE ORO VALLEY ZONING CODE REVISED, CHAPTER 14, NATIVE PLANT SALVAGE REQUIREMENTS; FIXING THE EFFECTIVE DATE THEREOF; AND REPEALING ANY OTHER ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the Town of Oro Valley adopted a document known as the "Oro Valley Zoning Code Revised, Chapter 14,Native Plant Salvage Requirements"; and WHEREAS, it has become necessary to amend these requirements; and WHEREAS, the Planning and Zoning Commission, having considered these amendments; and having held a public hearing on March 6, 2001; and having made its recommendations to the Town Council; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. The Council hereby adopts the following amendments to the Oro Valley Zoning Code Revised, Chapter 14,Native Plant Salvage Requirements: Sec. 14-108 Approval Procedures A. The Planning and Zoning Administrator, or a Designee, shall review for completeness all submittals within 5 working days of receipt. Staff will assemble all recommendations and provide review comments within 10 working days of certification, to the applicant. The applicant shall respond and resubmit the plan. Review of the re-submittal shall be complete after 10 working days of the re-submittal. If the Native Plant Preservation, Salvage and Mitigation Plan meets the requirements of this article, the Planning and Zoning Administrator, or a designee, shall forward approve the native plant preservation, salvage and mitigation plan DRB and Town Council for review and approval. Landscape plans must be in conformance with the approved Native Plant Preservation Salvage Mitigation Plan. SECTION 2. The effective date of the above amendments shall be thirty days after the adoption of this ordinance by the Town Council. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of the ordinance or any part of the amendments adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4. That all ordinances and parts of ordinances in conflict herewith be repealed to the extent of such conflict. ORDINANCE NO. (0)01- 11 (Continued) PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 2nd day of MAY , 2001. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney -13-01 Development Review Board Minutes Page 8 Baiocchetti - yes,Bell - yes, Chair Vogelsberg - no, Mager- no, Weatherford - no, Roll call vote: Underwood - yes UPDATE ON PROPOSED AMENDMENTS TO THE GRADING CODE, OVZCR CHAPTER 15,AND THE NATIVE PLANT SALVAGE AND LANDSCAPE PLAN REQUIREMENTS, CHAPTER 14 Member Baiocchetti excused. Bryant Nodine into report introduced the staff ort into the record. Mr. Nodine reviewed the six standards the p DRB uses to make a decision and then reviewed the standards the Board of Adjustment uses; which is to consider all six findings s rather than meet all six findings. He stated that the purpose of this proposal is to p simplify the revrocess,iew reconsider which subdivisions should be able to mass grade lots, and to amend the gradingwaiver requirements. Mr. Nodine asked for comments from the DRB members. Underwood commented that the proposed conditions are one's he could support. He describes Member p p them as a more realistic approach. Chair Vogelsberg was in agreement. Mr. Nodine continued his review of the Native Plant Salvage and Landscape plan requirements. He .ited the objective is to allow administrative approval of salvage plans. Furthermore, staff proposed an approval amendmentallowingDRB a roval of landscape plans rather than sending the plans to DRB for a recommendation and then to Council for approval. Mr. Nodine stated that the proposed change will not p . overall times for projects because landscape plan review and approval is run concurrently with shorten plats or development plans. Member Underwood commented he thought the changes were a good idea. Other DRB members were in agreement. Hearing Opened: Charles Hulse 11361 N. Twin Spur Court, commented that he did not like the six-foot limitation on Mr. y, p the cut ut and fill. Furthermore, he asked that on the salvage plan if they did not like staffs decision, could they right have the to appeal to DRB or Council? Mr. Nodine said it could be set up that way. Mr. Hulsey addressed the mass graded lots. He felt that with the market that he is seeing in Oro Valley and Hu y the requests that he is gettingin his office, there is not enough of a building pad on some lots. On a q 17,000 square foot lot, he is only allowed to disturb 12,000 square feet. He commented that he couldn't q 3 500 square foot house with a garage and driveway and a pool in the backyard. The requests will fit a q continue to come forward that more space is needed to build. Hearing closed: lember Underwood commented that he would like to complement staff on the hard work they put into this much-needed process. MINUTES PLANNING AND ZONING COMMISSION REGULAR SESSION MARCH 6,2001 TOWN COUNCIL CHAMBERS 11,000 N.LA CANADA DRIVE CALL TO ORDER: at 6:08 p.m. ROLL CALL PRESENT: Chair Douglas Vice Chair Wiant Commissioner Matsukado Commissioner Briggs Commissioner Cox Commissioner McCook Commissioner Moody ALSO PRESENT: Mayor Paul Loomis Council Member Wolff Town Manager Chuck Sweet Community Development Director Brent Sinclair,AICP Development Review Board Chair Vogelsberg Development Review Board Member Underwood Senior Planner Bayer Vella,AICP Civil Engineer Craig Civalier, P.E. Secretary III Shannon Ritchie MINUTES MOTION: Commissioner McCook MOVED to approve the minutes of the Planning Commission of January 11,2001 and February 6,2001. Motion CARRIED by a 7-0 vote. 1. PUBLIC HEARING OW-01-01 AMENDMENT TO THE NATIVE PLANT SALVAGE CODE, OVZCR CHAPTER 14 AND RELATED DEFINITIONS,CHAPTER 2 Mr.Vella, reported that the proposed amendment would allow the administrative review and approval of the Native Plant Preservation, Salvage and Mitigation Plans(NPPSMPs). Native Plant Preservation,Salvage and Mitigation Plans are currently reviewed and approved by the Development Review Board and the Town Council. Prior to 1999, this part of the development plan was approved administratively. Mr.Vella,AICP explained that this particular plan establishes vegetation preservation. He added that the Site Resource Inventory and the Development and Landscape Plan process would continue to be reviewed and approved by the Development Review Board and the Town Council. In response to Commissioner Moody's question, Mr.Vella,ACIP explained that the Planning and Zoning division has added an additional two planners and a Zoning Inspector that has many years of field experience in salvaging vegetation. March 6,2001 MINUTES, PLANNING AND ZONING COMMISSION 2 PUBLIC HEARING OPENED Bill Adler, 10720 N. Eagle Eye Place, Oro Valley,stated that by accepting this recommendation the Commission would be amending the ordinance and reassigning the responsibilities of the Development Review Board. Mr.Adler added that enforcing the Town of Oro Valley's Design Guidelines are the responsibility of the Development Review Board. He stated that he does not understand why staff had p tY proposed this amendment. PUBLIC HEARING CLOSED In response to Chair Douglas' question, Bayer Vella,AICP explained that there would not be any inconsistency. The counting process would more aptly handled by staff and enable the Development Review Board to focus on the design issues. The Development Review Board will review the Site Resource Inventory,the Landscape Plan, and the Development Plan. The Development Review Board would be able to recommend building orientation in order to maximize preservation. Mr.Vella,AICP explained that the Native Plant and Salvage Plans are separate from the Development and plans,e however during the review process the plans are reviewed simultaneously. For example, on a 5-acreP arcel several thousand plants could exist on site. Staff then calculates what can be salvaged. This is used to assist with the landscape plan. He added that landscape,development and improvement plans need to be approved prior to the issuance of grading permits. MOTION: Commissioner Cox MOVED to forward OV07-01-01,Amendment to the Native Plant Salvage Code, Oro Valley Zoning Code Revised, Chapter 14 and Related Definitions, Chapter 2 to Town Council recommending approval. Motion CARRIED by a 7-0. 2. PUBLIC HEARING OW-01-02 AMENDMENT TO THE LANDSCAPE CODE,OVZCR CHAPTER 14 AND RELATED DEFINITIONS,CHAPTER 2 Mr.Vella,AICP reported that this proposed amendment would allow the Development Review Board to approve the landscape plans rather than forwarding the landscape plan to Town Council for their consideration and approval/denial. Mr.Vella, AICP stated that a good landscape plan meets two basic criteria: (1)it meets the Zoning Code; and (2)it is well designed. PUBLIC HEARING OPENED No speakers. PUBLIC HEARING CLOSED MOTION: Commissioner Briggs MOVED to forward OV07-01-02,Amendment to the Landscape Code,Oro Valley Zoning Code, Chapter 14 and Related Definitions, Chapter 2 to Town Council recommending approval. Motion CARRIED by a 7-0 vote. 3. PUBLIC HEARING OV7-01-03 AMENDMENT TO THE GRADING CODE, OVZCR CHAPTER 15,AND RELATED DEFINITIONS, CHAPTER 2 Mr. Bayer Vella, AICP reported that this item was proposed primarily to allow shielded cuts, reconsider which subdivisions should be able to mass grade lots, and to amend the grading waiver requirements. The Commission considered it on February 6th and at a Study Session on February 20th. PUBLIC HEARING OPENED TOWN OF ORO VALLEY OUNCIL COMMUNICATION MEETING DATE: May 2,2001 TO: HONORABLE MAYOR& COUNCIL FROM: Bryant Nodine, AICP, Planning and Zoning Administrator SUBJECT: PUBLIC HEARING ORDINANCE (0)01- 12 OV7-01-02 AMENDMENT TO THE LANDSCAPE PLAN REQUIREMENTS, OVZCR CHAPTER 14 AND RELATED DEFINITIONS, CHAPTER 2 BACKGROUND: q On January 11, 2001, at the request of Staff, the Commission initiated this item to allow DRB review and approvalp of Landscape Plans. Currently the DRB and Town Council consider Landscape Plans. SUMMARY OF THE AMENDMENTS: The proposed changes are shown in the attached Ordinance. Staff proposes thispp amendment to allow DRB approval of landscape plans rather than sending the plans to DRB for a recommendation and then to the Council for approval. A good landscape plan meets two basic criteria: (1) Code; and (2) it is well desi ned. Code compliance is part of the staff review; design/aesthetics are meets the g typically (as for signs and architecture) a DRB responsibility. approval would shorten the landscape plan approval process by six weeks. However, the Allowing DRB a mayor maynot shorten overall approval times for projects because landscape plan review and proposed change pp usuallyrun concurrentlywith the review and approval of plats or development plans. It will save approval is approximately 5 hours of Planningand Zoning Division staff time per project or approximately 100 hours per approx y year. requiredaccept This is the time to resubmittals, prepare reports, and transmit the materials to the Town Council, and report the results of Town Council actions to the applicant. Time for other staff, such as the Town Clerk staff, is not included in this estimate. DRB COMMENT: Staff presented this amendment to the DRB on February 13, 2001 for their comments. DRB did not indicate any concerns with, or recommend any changes to, the proposed code. The minutes from that meeting are attached. PLANNING AND ZONING COMMISSION ACTION: and ThePlanning ZoningCommission reviewed the proposed changes on April 6, 2001 and recommended approval (7-0) RECOMMENDATION: taff recommends approval of the proposed changes. TOWN OF ORO VALLEY )UNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTION: I move to approve Ordinance (0)01- 12 proposed changes to the Oro Valley Zoning Code Revised, Chapter pp 14, Landscape Plan Requirements. OR I move to approve Ordinance (0)01- 12 proposed changes to the Oro Valley Zoning Code Revised, Chapter 14, Landscape Plan Requirements with the following changes: OR I move to deny Ordinance (0)01- 12 proposed changes to the Oro Valley Zoning Code Revised, Chapter 14, Landscape Plan Requirements, finding that: ATTACHMENTS: 1. Ordinance (0)01- 12 2. Excerpt of the February 13, 2001 DRB Meeting Minutes 3. Excerpt of the March 6, 2001 Planning and Zoning Commission Meetin' inutes • . . Planni nd Zonin Administrator /' Community Development Director ()/fiaf4LaAI -- Town Manager F:\OV\OV7\2001\02\LP Changes TC 050201.doc ORDINANCE NO. (0)01-12 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THE ORO VALLEY ZONING CODE REVISED, CHAPTER 14, LANDSCAPE PLAN REQUIREMENTS; FIXING THE EFFECTIVE DATE THEREOF; AND REPEALING ANY OTHER ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the Town of Oro Valley adopted a document known as the "Oro Valley Zoning Code Revised, Chapter 14, Landscape Plan Requirements "; and WHEREAS, it has become necessary to amend these requirements; and WHEREAS, the Planning and Zoning Commission, having considered these amendments; and having held a public hearing on March 6, 2001; and having made its recommendations to the Town Council; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. The Council hereby adopts the following amendments to the Oro Valley Zoning Code Revised, Chapter 14, Landscape Plan Requirements: Sec. 14-209 Approval Procedures A. The Development Review Board will consider the Landscape, Irrigation and Buffer Yard Plans at the next regular meeting, not less than 30 days after the date the filing is certified complete, or as determined by the Planning and Zoning Director. Upon consideration, the Development Review agencies and any staff recommendations to the Town Council. B. The Town Council will consider the Landscape, Irrigation and Buffer Yard Plans and the various recommendations at its next regularly scheduled meeting, not less th: I =: : - • - - Dcvelopment Review Board recommendations are forwarded to the Town Council. GB. If the Development Review BoardTown Council rejectstheI lans, the reasons therefor will be plans, recorded in the minutes. D. If the Town Council approves the Landscape, Irrigation and Buffer Yard Plans, the clerk will transcribe a certificate of approval upon the plans. SECTION 2. The effective date of the above amendments shall be thirty days after the adoption of this ordinance by the Town Council. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of the ordinance or any part of the amendments adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. ORDINANCE NO. (0)01- 12 (Continued) SECTION 4. That all ordinances and parts of ordinances in conflict herewith be repealed to the extent of such conflict. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 2nd day of NAY , 2001. Paul H. Loomis,Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney 13-01 Development Review Board Minutes Page 8 Baiocchetti - yes, Bell -yes, Chair Vogelsberg - no, Mager- no, Weatherford - no, Roll call vote: Underwood -yes UPDATE ON PROPOSED AMENDMENTS TO THE GRADING CODE, OVZCR CHAPTER 15, AND THE NATIVE PLANT SALVAGE AND LANDSCAPE PLAN REQUIREMENTS, CHAPTER 14 Member Baiocchetti excused. Bryant Nodine introduced the staff report into the record. Mr. Nodine reviewed the six standards the DRB uses to make a decision and then reviewed the standards the Board of Adjustment uses; which is to consider all six findings rather than meet all six findings. He stated that the purpose of this proposal is to li the review process, reconsider which subdivisions should be able to mass grade lots, and to simplify amend the gradingwaiver requirements. Mr. Nodine asked for comments from the DRB members. q Member Underwood commented that the proposed conditions are one's he could support. He describes them as a more realistic approach. Chair Vogelsberg was in agreement. Mr. Nodine continued his review of the Native Plant Salvage and Landscape plan requirements. He ted the objective is to allow administrative approval of salvage plans. Furthermore, staff proposed an amendment allowing approval a roval of landscape plans rather than sending the plans to DRB for a recommendation and then to Council for approval. Mr. Nodine stated that the proposed change will not shorten overall times forpJrojects because landscape plan review and approval is run concurrently with plats or development plans. Member Underwood commented he thought the changes were a good idea. Other DRB members were in agreement. Hearing Opened: Mr. Charles Hulsey, 11361 N. Twin Spur Court, commented that he did not like the six-foot limitation on the cut and fill. Furthermore, he asked that on the salvage plan if they did not like staffs decision, could they have the right to appeal to DRB or Council? Mr. Nodine said it could be set up that way. Mr. Hulseyaddressed the mass graded lots. He felt that with the market that he is seeing in Oro Valley and the requests that he is getting in his office, there is not enough of a building pad on some lots. On a 17,000 square foot lot, he is only allowed to disturb 12,000 square feet. He commented that he couldn't fit a 3,500 square foot house with a garage and driveway and a pool in the backyard. The requests will continue to come forward that more space is needed to build. Hearing closed: .ember Underwood commented that he would like to complement staff on the hard work they put into this much-needed process. March 6,2001 MINUTES, PLANNING AND ZONING COMMISSION 2 PUBLIC HEARING OPENED Eye Place, Oro Valley,stated that by accepting this recommendation the Bill Adler, 10720 N. Eagle y • •' • Development be amendingthe ordinance and reassigning the responsibilities of the D p Commission would ' Review Board. Mr.Adler added that enforcing the Town of Oro Valley's Design Guidelines are the to Development Review Board. He stated that he does not understand why staff had responsibility of the Deve p proposed this amendment. PUBLIC HEARING CLOSED g In response to Chair Douglas' question, Bayer Vella,AICP explained that there would not be any The countingprocess would more aptly handled by staff and enable the Development inconsistency. will Review Board to focus on the design issues. The Development Review Board review the Site Resource Inventory,the Landscape Development and the Develo ment Plan. The Development Review Board would be able to recommend building orientation in order to maximize preservation. Mr.Vella,AICP explained that the Native Plant and Salvage Plans are separate from the Development and Landscape plans, however duringthe review process the plans are reviewed simultaneously. For example, several thousand plants could exist on site. Staff then calculates what can be salvaged. on a 5-acre parcel P This is used to assist with the landscape plan. He added that landscape,development and improvement plans need to be approved prior to the issuance of grading permits. MOTION: Commissioner Cox MOVED to forward OV07-01-01,Amendment to the Native Plant SalvageValleyZoning Code, Oro Code Revised, Chapter 14 and Related Definitions, Chapter 2 to Town Council recommending approval. Motion CARRIED by a 7-0. 2. PUBLIC HEARING 0V7-01-02 AMENDMENT TO THE LANDSCAPE CODE,OVZCR CHAPTER 14 AND RELATED DEFINITIONS, CHAPTER 2 a AICP reported that this proposed amendment would allow the Development Review Board to P Mr.Vella, approve the landscape plans rather than forwarding the landscape plan to Town Council for their considerationapproval/denial.and a roval/denial. Mr.Vella,AICP stated that a good landscape plan meets two basic criteria: (1)it meets the Zoning Code; and (2)it is well designed. PUBLIC HEARING OPENED No speakers. PUBLIC HEARING CLOSED MOTION: Commissioner Briggs MOVED to forward OV07-01-02,Amendment to the Landscape Zoning Code,Oro ValleyCode, Chapter 14 and Related Definitions,Chapter 2 to Town Council recommending approval. Motion CARRIED by a 7-0 vote. 3. PUBLIC HEARING OW-01-03 AMENDMENT TO THE GRADING CODE,OVZCR CHAPTER 15,AND RELATED DEFINITIONS, CHAPTER 2 Mr. Bayer Vella,AICP reported that this item was proposed primarily to allow shielded cuts, reconsider which subdivisions should be able to mass grade lots, and to amend the grading waiver requirements. The Commission considered it on February 6th and at a Study Session on February 20th. PUBLIC HEARING OPENED TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: May 2, 2001 TO: HONORABLE MAYOR & COUNCIL FROM: Bryant Nodine, AICP, Planning and Zoning Administrator SUBJECT: PUBLIC HEARING ORDINANCE (0)01- 13 OV7-01-03 AMENDMENT TO THE GRADING CODE, OVZCR CHAPTER 15 AND RELATED DEFINITIONS, CHAPTER 2 BACKGROUND: This item was initiated by the Commission on January 11, 2001 at the request of Staff primarily to allow shielded cuts, reconsider which subdivisions should be able to mass grade lots, and to amend the grading exception requirements. The Commission considered it on February 6th and at a study session on February 20th. p It was also presented to the DRB on February 13th. SUMMARY OF THE AMENDMENT: The proposed amendments to Chapter 15 of the Zoning Code are attached as Exhibit A. An explanation of each proposed amendment follows: 'ec 15-202 This has been changed to allow mass grading for subdivisions with average lot sizes between 10,000 and 15,000 square feet as long as a half of the lots areas greater than 10,000 square feet are preserved as natural open space. Staff has added language to qualify what areas need to be preserved. The section also allows for mass grading of any subdivision if allowed by a grading exception. Sec 15-204 G This allows for shielded cuts where a building, or portion of a building is set into a slope and the grades are relatively unchanged outside the walls of the building. Shielded cuts allow buildings pads to be placed lower into the terrain thus, potentially, reducing exposed fill and the visibility of the building. Though the current code allows basements, it does not allow other stories to be placed more than 6 feet below grade. Sec 15-301 A 2 This allowsp reparation of grading plans by any professional qualified, according to the State, to prepare these plans. (Also in section 15-302 A.) Sec 15-401 B This deletes the requirement for irrigating revegetated cut and fill slopes. The Code does not require irrigation of other disturbed areas and the Town has bonds to ensure that the revegetation is successful. Section 15-405 This is a editorial change to move submittal requirements to the Type 1 submittal requirements section they are already in the Type 2 submittal requirements section. Section 15-501 The grading exception standards (now termed "findings") have been changed to allow greater discretion by the DRB and the Town Council in the review of grading exceptions by eliminating the need for all of the findings to be met. While all of the proposed findings are important, there may be instances where most of the findings are met to such a degree that the exception should not be denied for failure to fully meet the other findings. For instance, if all findings must be met, there may be a project that would be required to be denied TOWN OF ORO VALLEY )UNCIL COMMUNICATION Page 2 of 4 because the conditions on the property do not substantially limit property rights, even though the project meets the intent of the Code, requests a minimum variance from the Code, includes conditions to not create a special privilege, and does not in any way negatively effect the community or surrounding property owners. Based on comments at the Planning and Zoning Commission study session, Staff has changed the wording from the "DRB shall consider the standards" to "the DRB shall find that the request is in substantial compliance with the findings". "Substantial in this case is used in the sense of"to a large degree". A summary of the proposed changes to the findings is presented in the table below. The rationale for each change is presented after the table. .+>u:..�.�$..,,...v-.r,,'�.,'.�,r.^.<[a.-4ry�4....{:,.u$..._•.yy'.r2,.��-v>��.'u�w.:.....:-..r,>rr.^:,�.....a'.Y.`,..."..yy.Sr,r:'F��:,•u'..:.a?`.3 v�.t.::,,ro::.'y:o-'..'w•r.xS:r..5r,'9!...<',--...V....:.fi.:.r....:...;..U.�.:....,':<.Y",.-.r.t...:.!n.:,�;.:;a•�.,..t.,!.r...........l,,!.r..�•..:•v¢./:...•...^:..:..-..,..,.:....:,..>...-!,,.:.4...n. ..•,•..,,..c.n-•.o-.m?.......,...!,,,v!.,......,.,-�..<.'r7..:.^...:E.....:..2.>.'..r....^r^.r.x,6,1i...Y{.-s•.• v, •a"Y.••..:w.,..a.!�...,....AIv•.i-'./dj.:..,yrv..:•r i 9..,,•v Y!-,r..0r{it^r^:.Yr..v:3,^'..•:,'.,l/r/-.-� :rY./..�'?s.,•.:f4.G.�...r<:{•-.a. :•`s•,�h?$`'-S..!I^:.:r •�.,.rxy.,...,.i. ...:,'..'>vi .tiA.ys.>:.t'!y$.aiU':•,�-.:-\'r$"?..{•/F,$,h•6t.y N Y••.!'}:l>�r9'''•:'i•:�}•..�}'w{.•',�.:..m.,.i..:.•<,>r�Sy.l..r., { ,f r.L 1f.Aa.r,v•:'•i r^•ir!:%�,?•:•nf7Y>�,`''y':.:� �! •i�yr?�rl>�•ayr/rr!xi". wqrmittfiri. 4 t : 19 '40-40M 70 / ..a:'•.�.r-r:,C .:...::. • .. r.,,•n}:. r.: ... y .:. ,r...>� ,. � � .,., .. .t R5E �l�w�! ,!#•.d .o. ,', '-:.:��� /h>; ,y�? .r.,;..:. r (4f-:;. n�� s3`�' an..n?s ':,�rxr�. ?} ':"�£•a. ••-'1"'�`• �,'< 'r.`..f`?�` ,�/. '-�. r.>t+� '�y{ .'!:` <;�. "`��".� •:;` .v�i�-6?: -.. .::.>.u^„•... r.,; ;,..•i.<,..^k'h`y:.,-. ,- .34.r.. :w. .,.x• 4� /, ',fk':.:�Q.K:y�. �':6�w.�iR't�l�������•+.�lco�<acioSGtvl�...,�'�cF:cYt ,�. „Y.'adcy. �H'i% .../Sc � 4��C-^:x.4•Jr.G(<.:wr��aiC::W.t:4+t'v�r$J'+rTV�Mf�:>:� r�vZ> rL4. ,>' h'} 0.n. ".{+6 .dC, �.:r .d4.^�r"". .."Sv:':�''• •.(��Yy�J �v/O'��:SO.W':"'��'r�v The property is buildable. The exception meets the intent and purposes of this code. Granting the exception constitutes the minimum [no change] to allow the proposed improvement. The conditions on the property are unique and The conditions on the property are unique such effectively deny improvement. that strict adherence to this ordinance would cause an unnecessary hardship, which substantially limits the preservation and enjoyment of property rights. The exception does not constitute a granting of The exception imposes conditions so as not to special privilege, and does not substitute for constitute a granting of special privilege. creative design. The exception is necessary to adapt the [deleted] improvement to the land. That the exception will not negatively impact That the exception will not be materially the community, the neighborhood or the public detrimental to persons residing in the vicinity,to welfare. adjacent property, to the neighborhood or the public welfare in general. Standard #1 has been replaced because the original wording conflicts with standard #3 if the property is buildable, conditions on it could not deny improvement. The replacement language ensures that the exception is reviewed with consideration for the intent of the Code as shown at the beginning of Chapter 15. Standard #2 has not been changed though this could be deleted because it is in the intent section of the Code and thus, covered by proposed finding#1 Standard #3 has been modified so that it is achievable typically some improvement to a property is always possible. The original phrase "conditions on the property are unique" has been supplemented with a combination of the wording used by the State statute and the TOWN OF ORO VALLEY 'OUNCIL COMMUNICATION Page 3 of 4 Zoning Code Section 1-709 C regarding the findings to be used by the Board of Adjustment (see Exhibit B). Standard #4 has been changed in the recognition that all exceptions could be considered a granting of special privileges. The additional, qualifying wording comes from the same State statute and Zoning Code Section 1-709 D. The phrase "and does not substitute for creative design" has been deleted because of its extreme subjectivity and because many of those things which are considered creative design are covered in the intent and purposes sections of the Code (proposed finding #1). The original Standard #5 has been deleted because this standard is a restatement of other standards. The "exception is necessary" is covered by proposed condition #3 and "adapt the improvement to the land" is in the intent section of the Code and thus, covered by proposed finding #1. The original standard #6 has been changed in the recognition that all exceptions could be considered to have some negative impact and therefore it is necessary to further qualify the negative impact. The proposed wording ("materially detrimental") comes from the Zoning Code Section 1-709 E and mirrors the wording in the "Scope" section of exceptions, section 15-501 A. Staff also considered the comments from the Commission study session that the DRB should declare on the findings during their vote. No additional changes were made to the ordinance in this regard because the Board procedures were changed about three years ago to ensure that the Board should provide the rationale for the majority vote in their minutes. It is Staff's opinion that this is best handled by following the Council-approved Board procedures. Others Other amendments delete unnecessary submittal requirements and change wording to match the proposed new fee schedule. DRB COMMENT: Staff presented this amendment to the DRB on February 13, 2001 for their comments. DRB discussed the final standard and ultimately did not object to the definition of negative impacts as those that are "materially detrimental". They also discussed the need for irrigation to establish revegetation of sites. Their recommendation to Staff was to revise the assurances Code to quantify successful revegetation. They did not suggest any changes to the proposed code. The minutes from that meeting are attached. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission reviewed the proposed changes on April 6, 2001 and recommended approval (7-0) with an amendment to strike the word "or" from Section 15-202, B Type 2 Grading Permit: "The areas to be preserved shall be located to supplement other natural areas, preserve significant vegetation, and(/or) break up the mass graded areas into clusters." This change has been made to Exhibit A. 3WN COUNCIL STUDY SESSION: On March 26th, the Staff presented the proposed changes at a study session. Based on comments at the study session: AIME'- TOWN OF ORO VALLEY FNCIL COMMUNICATION Page 4 of 4 1. Staff revised the wording in Section 15-202 regarding mass grading, and added a formula, to better define how the areas to be preserved are calculated. 2. Staff proposes the following change to the definition of mass grading: "Grading of the multiple lots in a subdivision bulding site, in its entirety, during the initial development process or in phases, as authorized by approved plans." 3. Staff revised Section 15-501 B to ensure that all of the finding are addressed by the applicant and DRB, and to ensure substantial compliance with the findings as a whole. RECOMMENDATION: Staff recommends approval of the proposed changes. SUGGESTED MOTION: I move to approve Ordinance (0)01- 13 proposed changes to the Oro Valley Zoning Code Revised, Chapter 15, Grading Code. OR I move to approve Ordinance (0)01- 13 proposed changes to the Oro Valley Zoning Code Revised, Chapter 15, Grading Code with the following changes: OR I move to deny Ordinance (0)01- 13 proposed changes to the Oro Valley Zoning Code Revised, Chapter 15, Grading Code, finding that: . ATTACHMENTS: 1. Ordinance (0)01- 13 2. Exhibit A Proposed Amendments to the Grading Code, OVZCR Chapter 15 3. Exhibit B Examples of Findings Regulations for Variances, State Statute and Zoning Code 4. Excerpt of the February 13, 2001 DRB Meeting Minutes 5. Excerpt of the March 6, 2001 Planning and Zoning Commission Meeting Minutes 1 - 61-- Plann - •'� d Zoning Administrator 424-1, L., F:\OV\OV7\2001\03\Grading Code Changes TC 040401.doc Community Development Director O.1 , .1 4_, _ _ . if own anager ORDINANCE NO. (0)01- 13 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THE ORO VALLEY ZONING CODE REVISED, CHAPTER 15, GRADING CODE; FIXING THE EFFECTIVE DATE THEREOF; AND REPEALING ANY OTHER ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the Town of Oro Valley adopted a document known as the "Oro Valley Zoning Code Revised, Chapter 15, Grading Code "; and WHEREAS, it has become necessary to amend these requirements; and WHEREAS, the Planning and Zoning Commission, having considered these amendments; and having held a public hearing on March 6, 2001; and having made its recommendations to the Town Council; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. The Council hereby adopts the amendments to the Oro Valley Zoning Code Revised, Chapter 15, Grading Code as shown in Exhibit A attached herewith. Three copies of said document are on file in the office of the Town Clerk of the Town of Oro Valley,Arizona. SECTION 1. The Council hereby adopts the amendments to the Oro Valley Zoning Code Revised, Chapter 2, Definitions as follows: Mass Grading: Grading of multiple lots in a subdivision, during the initial development or in phases, as authorized by approved plans. SECTION 3. The effective date of the above amendments shall be thirty days after the adoption of this ordinance by the Town Council. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of the ordinance or any part of the amendments adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 5. That all ordinances and parts of ordinances in conflict herewith be repealed to the extent of such conflict. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 2nd day of May , 2001. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney ___ ___ EXHIBITA ___ ___ OV7-01-03 PROPOSED AMENDMENT TO THE GRADING CODE, OVZCR CHAPTER 15 CHAPTER 15 GRADING ORDINANCE ARTICLE 15-1. PURPOSE AND INTENT Sec. 15-101 Purpose Sec. 15-102 Intent ARTICLE 15-2 APPLICABILITY Sec. 15-201 Type 1 Grading Permit Defined Sec. 15-202 Type 2 Grading Permit Defined Sec. 15-203 Type 3 Grading Permit Defined Sec. 15-204 Exemptions ARTICLE 15-3 SUBMITTALS AND PROCEDURES FOR TYPES 1, 2 AND 3 GRADING PERMITS Sec. 15-301 Type 1 Grading Permits Sec. 15-302 Type 2 Grading Permits Sec. 15-303 Type 3 Grading Permits ARTICLE 15-4 GENERAL GRADING REQUIREMENTS AND NOTES Sec. 15-401 Cut and Fill Limitations Sec. 15-402 Site Revegetation and Stabilization Sec. 15-403 Driveways Sec. 15-404 Slope Setbacks Sec. 15-405 Restriction of Slope Development Sec. 15-406 Erosion Control Systems Sec. 15-407 Import and Export of Earth Material Sec. 15-408 Hours of Grading Operations Sec. 15-409 Phased Grading Sec. 15-410 Restriction of Vehicles Sec. 15-411 Additional Requirements ARTICLE 15-5 VARIANCE AND REQUEST FOR INTERPRETATION PROCEDURES Sec. 15-501 Exceptions Sec. 15-502 Appeals from Administrative Decisions ARTICLE 15-6 GRADING PERMIT AUTHORIZATION, LIABILITY, ENFORCEMENT& PENALTIES Sec. 15-601 Authorization to Proceed with Work Sec. 15-602 Liability Sec. 15-603 Enforcement Sec. 15-604 Stop Work Orders Sec. 15-605 Citations Sec. 15-606 Penalties ILLUSTRATIONS 15-1A. Cut/Fill/Setbacks 15-1B. Building Height 15-1C. Site Improvement Standard (1) A Drainage Pattern (2) C Drainage Pattern 15-1D. Terracing/Drainage Oro Valley Zoning Code Revised GRADING ORDINANCE ARTICLE 15-1 PURPOSE AND INTENT OF THIS ORDINANCE Sec. 15-101 Purpose The purpose of this ordinance is to provide for the public health, safety, and general welfare and to protect and preserve the aesthetics of the natural environment through regulation of all types of excavation and earthwork on private and/or public land. The grading regulations contained in this ordinance are designed to: A. Regulate the development of potentially hazardous terrain; and B. Preserve, where possible, or recreate the natural contours, the native vegetation and the visual character of the site in harmony with the surrounding terrain; and C. Enhance the quality and value of new development; and D. Maintain property rights and property values of adjacent developed and undeveloped parcels. Sec. 15-102 Intent The regulations, as set forth in this ordinance, have been prepared in the context of Oro Valley's specific desert environment. They are intended to complement the applicable provisions of the Hillside Development Zone and the Floodplain Management Ordinance, and not to authorize any grading activity prohibited by this ordinance or any Town ordinance. The intent of this grading ordinance is to assure that the design and implementation of all grading projects shall: A. Avoid scarring and other adverse visual impacts resulting from cut, fill and any other type of ground disturbance; and B. Blend with the natural contours of the land; and C. Restrict the areas of disturbance and volume of material displaced to the minimum amount necessary to implement the planned development; and D. Limit mass grading to residential subdivisions with an average lot size of 1-015,000 square feet or less; I and E. Employ measures that: 1. Ensure that graded hillside, slopes or other areas subject to erosion are stabilized; and 2. Reduce the erosion effects of storm water discharge, preserve the flood-carrying capacity of natural or constructed waterways by limiting soil loss, and protect drainageways from siltation; and 3. Minimize dust pollution and surface water drainage from graded areas during grading and development; and Oro Valley Zoning Code Revised GRADING ORDINANCE 4. Ensure that proposed development activity is designed and implemented to avoid adverse impacts and appropriate restorative measures; and 5. Encourage phased projects, to preserve natural contours and vegetative communities until such time as grading must necessarily occur on a site. ARTICLE 15-2 APPLICABILITY This ordinance shall apply to all grading operation for which applications were received subsequent to its adoption date (August 19, 1998), unless exempted by Section 15-204 below. If a conflict between this and any other Town ordinance exists, the more restrictive shall apply. This grading ordinance shall not be construed to prevent the enforcement of other laws that prescribe more restrictive limitations, nor shall the provisions of this ordinance be presumed to waive any limitations imposed by other Town ordinances. The design, implementation and mitigation of grading regulated by this ordinance shall be reviewed prior to the issuance of any grading permit, to ensure full compliance with the regulations, requirements and specific standards as set forth herein. Grading permits must be obtained, after plan approval, as follows: Sec. 15-201 Type I Grading Permit A Type I Grading Permit is required for the following: A. A residential development on a single lot, other than those defined as Type 2 or 3. B. Alteration of existing stabilized sloped of 3:1 or greater, on a residential lot. C. Addition of paved areas such as concrete or asphalt, in excess of 1,000 square feet on a residential lot. D. Import and stockpiling of 100 cubic yards or more of earthen materials on a residential lot. E. Clearing vegetation from a residential lot, which encompasses an area of 1,000 square feet or more. Sec. 15-202 Type 2 Grading Permit A Type 2 Grading Permit is required for any new public or private street or roadway, a commercial, office or resort project, or any residential development consisting of more than two platted lots. NOTE: Mass grading, i , shall be permitted only-for new residential subdivisions only under the following conditions: A. , The average lot size of-is 10,000 square feet or less_ (R1-10, R1-7, SDH-6 zoning B. The average lot size is more than 10,000 square feet u• to 15 000 s•uare feet and areas within the lots are •reserved as natural undisturbed o•en s•ace. The area to be •reserved P must be at least 50% of the sum of each lot area (a1, a2,...) greater than 10 000 s•uare feet ser the formula below). The areas to be preserved shall be located to su••lement other natural areas, 'reserve si s nificant ve•etation and break up the mass graded areas into clusters. Oro Valley Zoning Code Revised GRADING ORDINANCE P = 50% x E(a1-10,000+a2-10,000+...) C. e _e•.e es e _ e-•. :_. 11,M _.e, ... _e__ - =- - - e • _e = . . • The average lot size is more than 10,000 square feet and mass_grading is allowed by an Exemption—Exception pursuant to Section 15-501. Sec. 15-203 Type 3 Grading Permit A Type 3 Grading Permit is required for stockpiling of earthen materials. A Type 3 grading permit shall be required for the installation of utilities and other infrastructure for which a Type 2 grading permit is not required. Utility and other infrastructure installation confined to the Town of Oro Valley right-of-way and requiring a right-of-way permit will not be required to obtain a Type 3 grading permit. However, a grading plan pursuant to Section 15-301.A. shall accompany the right-of-way permit application. he Town may waive the requirements for the grading plan should staff determine that the scope of the grading activity does not warrant such a plan. Sec. 15-204 Exemptions to this Ordinance The following activities are exempted from this ordinance: A. The clearing, brushing or grubbing for activities exempted in this subsection; B. Stockpiling of less than 100 cubic yards of uncompacted earth material; C. Resurfacing or maintenance of an existing paved surface; D. New pavement of less than 1,000 square feet; E. Individual sewage disposal system with a Pima County Department of Environmental Quality permit; F. Excavation below finished grade for a basement, foundation, wall or swimming pool authorized by a building permit or zoning construction permit; G. Excavation below existin• •rade for an sto of a structure as Ion• as the finished •rade immediately outside the structure meets all other cut and fill limitations. -H. Exploratory excavation under the direction of a Soil Engineer or Engineering Geologist provided all excavation is property backfilled. Whenever possible, such exploratory excavation and testing shall be conducted only in areas which have been previously disturbed; 14-1. Archaeological exploration conducted under state permit by a qualified archaeologist; I J. _Removal of selected individual plants for storage and replanting; J K. Grading for the maintenance of an existing private access, road or driveway, provided that it either I existed prior to adoption of, or was established in conformance with, this ordinance. Oro Valley Zoning Code Revised GRADING ORDINANCE ARTICLE 15-3 SUBMITTALS AND PROCEDURES FOR TYPES 1, 2 AND 3 GRADING PERMITS Sec. 15-301 Type I Grading Permits A Type I grading Permit requires a completed grading permit application, a grading plan and soils report. A hydrology study and Floodplain Use Permit may be required when deemed necessary by the Town. A. Type I Grading Plan Requirements 1. Plan submittal shall be in the form of one set of right reading sepias, and shall be drawn to a 1" = 20" scale. 2, Grading plans shall be prepared by a qualified, registered professional per the latest revision of the Codes and Rules of the Arizona State Board of Technical RegistrationCivil • •== , ' -• =- - -•-----= ' -•° :- where 15% or greater slopes occur on a lot and/or where the average cross-slope of the building pad is greater than 6%. On parcels or lots with 15% or steeper slopes, the a..licant shall submit a slo•e and soils anal sis report prepared by a registrant qualified in accordance with the above criterion. The report is necessary to determine that construction on the slopes can be accomplished in a safe manner and that •radin.. activit and the finished .roduct will not create a hazard to the landowner nor create a hazard or nuisance to adjacent property owners. At a minimum said resort shall •rovide a foundation design, maximum slope of cut and fill, slope stabilization methods su••est construction methods to minimize disturbance to the slope and provide a design for drainage and erosion control facilities to be installed during and after construction. 3. Plans shall include topography on 1 foot or 2 foot contour intervals, tied to a recognized benchmark, as prepared by a Civil Engineer or Registered Land Surveyor. 4. The exterior boundaries of the site, including length of property lines and bearings. 5. Include location of all existing and proposed utilities. 6. Show location of existing streets or easements, and proposed point of entry and access roads to the grading site. 7. Show the existing and proposed finished grades of the area to be graded, including spot elevations and/or revised contours. 8. Indicate the extent of graded areas, shaded and labeled "Graded Area", and location of structures to be constructed. 9. The existing grade at the primary building corners of all structures and proposed finished floor elevations; and the proposed building heights, shown to conform oto height restrictions as specified in the Town Zoning Code. •a•_ __ a a_a• •- , e e e_-- - - a• _ .•- et. ,:a, .... - a •- abet.; •a . .•a 1-1-10. The location and type of proposed mitigative measures such as revegetation, priprap or retaining walls. Slope interceptor drains shall be a part of the submittal design when Oro Valley Zoning Code Revised GRADING ORDINANCE slopes exceed 2:1 and when slopes in excess of 1.5:1 terminate at the top of retaining walls. -1-2-,11. An interim (temporary) erosion control plan per Section 15-406 shall be submitted with the I permit application and grading plan. The interim erosion control devices shall be installed prior to commencement of grading activity. 1-3,12. Details showing mitigative measures where driveways cross natural or constructed drainageways (where applicable). 13. Sectional cuts through proposed structures on_a line perpendicular to the slope may be required to better illustrate the plan. B. Type 1 Grading Permit Application and Review The Grading Permit application, grading plan, and other required materials shall be submitted for review to the Town or Oro Valley. The Grading Permit application shall be completed and signed by the owner or owner's authorized representative. A fee shall accompany the application and any resubmittals :ee_. • e_ _e e •: e . • _ee• �� __ •e• a • ••_ e_ ••-• _•_ e: ••_e: _ee• in accordance with the fee schedule adopted by the Town Council. The grading plan will be reviewed for consistency with the applicable regulations and standards, and if approved, a grading permit will be issued. The e ••• ••_ -_ `___:e " • _- 'e•_ _e• '-•_ __ Town may issue the grading permit with additional conditions as deemed necessary. If determined to be inadequate, the materials submitted will be returned for corrections. The applicant may resubmit, , corrected plans, or materials necessary to conform to submittal requirements. C. Type I Grading Permit Issuance and Expiration Upon issuance of a grading permit, a copy of the permit and approved plan shall be kept in a conspicuous and accessible location on the site. A grading permit shall be null and void if the authorized work has not been completed within 180 days of permit issuance. D Type I Grading Permit Extensions and Reapplication Upon written request by the permit holder, the Town may grant a single extension up to 180 days. Requests must be submitted prior to the date of expiration. Longer extensions may be granted to complete archeological work in accordance with Section 15-411 D. Consideration will be given to extension requests when quantifiable evidence is submitted. A reapplication for a grading permit shall be treated as a new application,—Mees and additional conditions may be imposed as a result. Oro Valley Zoning Code Revised GRADING ORDINANCE E. Type I Inspections Pre-grading (when required by subdivision plat notes): The inspector will verify limitations for building pad and other areas to be graded, and identify vegetation required to be salvaged. The grading limitations must be staked or otherwise clearly identified prior to inspection. Rough grading (to be done prior to construction of residence): The inspector will verify grading to be within limitations of approved plans. Certification of the building pad elevation by a registered land surveyor or civil engineer shall be presented to the inspector at this time. Final grading (to be done prior to final building inspection): The inspector will verify that all prescriptive requirements of the approved grading/site plan have been satisfied. F. Type I Incomplete Final Grading; Temporary Occupancy In the event that the final grading cannot be completed in its entirety, an assurance, in a form acceptable to the Town, may be posted to allow inspection and occupancy of the residence. This assurance shall be in an amount equivalent to 120% of the cost to complete the work as shown on the approved grading plan and/or in compliance with this ordinance. A cashier's check made payable to the Town of Oro Valley is an acceptable form of assurance for this purpose. The determination of the cost of the remaining work shall be by bids acquired by the permittee. The building official shall make the final judgement as to the adequacy of the assurance amount. If the balance of the work has not been completed within 120 days of the date of the temporary certificate of occupancy, the Town may use the assurance to complete the work. When an assurance is to be posted as a temporary substitute for a final grading inspection, it will still be necessary to have adequate drainage away from the structure. In addition, temporary or permanent means of preventing silting onto public rights-of-way will be required. Sec. 15-302 Type 2 Grading Permits A Type 2 grading permit application requires a grading plan (prepared by or under the supervision of a registered civil engineer) approved by the Town, soils report, and a completed grading permit application. Where applicable and not otherwise submitted, drainage improvement plans shall be required also. A. Type 2 Grading Plan Requirements: All Type 2 grading plan submittals must address, or include, the following information: 1. The existing and proposed finished grade contours prepared by a qualified professional per the latest revision of the Codes and Rules of the Arizona State Board of Technical Registration , or sufficient spot elevations for construction and drainage flow determinations (with additional information pursuant to Section 15-302.A.2, below, if applicable)of the area to be graded, one or two-foot contour intervals for slopes up to 15 percent. All slopes over 15 percent shall be identified on the grading plan. Said plan shall be prepared at a scale of 1" =40' unless some other scale is approved by Town staff. 2. The extent of graded areas shall be clearly identified and labeled "graded area" and where structures are to be constructed, the following shall be included on the plan: Oro Valley Zoning Code Revised GRADING ORDINANCE a. Spot elevations shall be shown for finished grade within the building envelope; and b. All building pads shall be labeled/identified, showing the existing grade at the primary building corners, and proposed finished floor elevations; and c. To ensure adequate drainage on individual mass graded lots and to minimize the effects of drainage on individual single family residences (SFR), the minimum finished floor elevation (FFE)for a SFR shall be determined as follows: A difference of ten (10) inches plus 1% shall be established between the drainage discharge (low) point on the property line and the FFE for the corner of the SFR farthest from said low point. See illustration 15-1.C. 3. The general topography for 100 feet beyond the perimeter of the site, or as specified by the Town. A description of the interim (temporary) erosion and storm water pollution mitigation and drainage control methods to be used, including elevations, dimensions, quantities and locations must be provided. Such controls must remain in place, and be maintained during the entire grading operation and until such time as the project is complete and the site permanently stabilized to the satisfaction of the Town. Also see Section 15-406. 4. The exterior boundaries of the site, the basis of bearing and a benchmark to establish the vertical datum. 5. The extent and manner of preserving, relocating, clearing and disposing of vegetation. 6. The final ground cover, revegetation, erosion control and proposed methods for cut or fill stabilization, based upon the soil report, and in compliance with the approved landscape/buffer yard plans. 7. Access roads, haul routes and points-of-entry to the grading site. 8. If drainage improvement plans have not been submitted separately, or if interim drainage conditions exist because of project phasing, plans for: a. drainage or other protective devices to be constructed as part of the grading; b. The drainage area and estimated runoff of the area served by drains. 9. A letter from either the Arizona State Museum, the State Historic Preservation Office, or an archeologist registered with the Arizona State Museum stating the probability of archeological resources being discovered on the site, and the agency or individuals recommendation as to whether an archeological survey is needed. Should a survey be required, the results shall be submitted to the Town. 10. The off-site disposal location and estimated quantity of earth material to be removed from the site during grading. 11. For all sites subject to coverage by the National Pollution Discharge Elimination System (NPDES) Permit, a copy of the"NOTICE OF INTENT" of industrial activity, filed with the Oro Valley Zoning Code Revised GRADING ORDINANCE United States Environmental Protection Agency (EPA) shall be provided. Additionally, a copy of, or a description of, the"STORMWATER POLLUTION PREVENTION PLAN" required by EPA shall be provided. 12. The grading plan submitted shall (if applicable) conform to rezoning site analysis, any conditions placed on rezoning (if applicable) and any conditions imposed on development plan, preliminary or final plat approval. 13. A professional per the latest revision of the Codes and Rules of the Arizona State Board of Technical Registration__. : e .:: e e •: -- • -e :..- -• shall seal the grading plan. 14. The applicant shall pay appropriate review fees adopted by Town Council Resolution. B. Type 2 Soils Report Requirements 1. The report shall contain all geotechnical engineering information and recommendations applicable to the project and shall be sealed by the soil engineer prior to submittal. The minimum geotechnical information to be included in the report is as follows: a. Soil stability, angle or shear, and maximum recommended slope ratio of all proposed cuts or fill; b. Erosion vulnerability of all graded areas and created slopes; c. Storm water siltation potential of soils for all graded areas and created slopes; d. Description of soil constraints on the structural design of all foundations, footings and walls; e. Recommended compaction treatment of all fill areas; f. Identification of any potentially hazardous geotechnical areas where construction is proposed; g. For all graded areas utilizing slope treatments other than those is Sec 15-401 the report shall include the rRecommended treatment for stability, erosion and siltation contro e e e: _ ___ •- _ :_ :- _ ee:_; h. Determination of a pavement design section for roads, driveways and parking areas; Soil classification and design bearing capacity shall be included in the soil report for all areas where structures are proposed. 2. The civil engineer or qualified registrant responsible for preparing the grading plan shall adhere to recommendations of, and make reference to, the soils report in the grading plan and statement. Report recommendations shall become conditions of the grading permit. 3. The applicant's project soils engineer shall provide to the Building Official, a copy of the soils report and --' :_ :__ - •_ _e• 'a-soil test results that confirm the foundation Oro Valley Zoning Code Revised GRADING ORDINANCE sub-base requirements have been met. C. Type 2 Grading Permit Application 1. The grading permit application, grading plan and other required materials shall be submitted to the Town for review and approval. 2. The grading permit application shall be completed and signed by the property owner or his/her authorized representative. 3. Permit fees are payable to the Town in accordance with the fee schedule adopted by the Town Council. 4. At the discretion of the Town, grading assurances may be required in the form of assurance or other security acceptable to the Town. In the event that grading is not completed as approved, the assurances may be applied to: a. eliminate potential hazardous conditions; or b. mitigate the effects of dust, drainage, erosion, visual scars or hazardous conditions in a manner acceptable to the Town. D. Type 2 Grading Permit Application Review 1. Grading plans and related submittals will be reviewed concurrent with the final plat or development plan (submitted after DRB approval), plant salvage and landscape plan for the project. 2. Grading plans, soils and drainage reports will be reviewed for consistency with applicable regulations and standards, plant salvage and landscape plans and any conditions imposed upon rezoning, development plan or subdivision plat approval. Plans determined to be inadequate or incomplete will be returned for correction and resubmittal. Where inconsistency between plans is evident, the appropriate plan will be resubmitted for review and approval. 3. The Town will provide written review comments and/or redlined plans to the applicant upon review. Should the grading plans need to be submitted three (3) or more times for review by the Town, the applicant shall be required to pay an additional review fee at the time of the third, and each subsequent resubmittal of the grading plans for review by the Town. 4. Prior to approval of the grading plan, soils report and drainage report, the Town may inspect the site to determine that the submittals are current and reflect existing conditions. 5. The Town shall require the plans and specifications to be modified to make them consistent with this code and/or any prior conditions placed upon approval of the project. A grading permit may be issued with additional conditions. 6. When the grading plans (and improvement plans) meet applicable Town codes to the satisfaction of the Town, the Town Community Development Director or his/her designee will sign the approval block on said plans. Oro Valley Zoning Code Revised GRADING ORDINANCE E. Preliminary Grading Plan 1. A preliminary grading plan shall be submitted concurrently with the initial submittal of a preliminary plat and development plans. 2. The preliminary grading plan shall provide (but is not necessarily limited to) the following: a. Limits of grading b. Estimated maximum height of cuts and fills c. Finished slope for cuts and fill d. Existing topography at a minimum 2 foot contour interval e. Sufficient spot elevations (or contour lines) for proposed graded areas f. Other information as required by the Town based on conditions particular to the property proposed for development. F. Type 2 Grading Permit Issuance and Expiration 1. Issuance: _ _e••e e: • _ ••_ •e e: ___:e e •: e •: The Town may not issue grading_permits until the Town Council has approved the final plat or development plan and the necessary assurances have been posted. A copy of the permit and approved plan shall be kept in a conspicuous and accessible location on the site. The following list includes, but is not limited to, the items required to be approved or on file with the Town prior to issuance of the grading permit: a. Proof of review fee payment b. Soils report c. Salvage per approved salvage plan d. Landscape plan/landscape assurances e. Hydrology report f. Proof of submmital of EPA N.O.I. in accordance with U.S. g. Environmental Protection Agency requirements h. Storm Water Pollution Prevention Plan Grading Permit application j. Approved improvement plans k. Archeological Clearance Letter mI. Pavement design report nm. Copies of recorded easement/letters of agreement o7n. Executed assurances- 2. Expiration: A grading permit shall be null and void if the authorized work has not been completed within 12 months of permit issuance. 3. At the discretion of the Town, a preliminary Type 2 grading permit may be issued prior to final plat or development plan approval by the Town Council for the purposes of clearing, brushing and grubbing only, provided: a. The Town staff has reviewed the grading plans and determined that said plan is viable; and Oro Valley Zoning Code Revised GRADING ORDINANCE b. The preliminary grading will occur in accordance with the approved preliminary grading plan (Section 15-302E) and no clearing, brushing or grubbing will take place within 25 feet from the boundaries of the future development envelope, exclusive of approved entry points; and c. Restoration assurance for the preliminary grading are collected pursuant to Article 4-9, Oro Valley Zoning Code Revised, prior to issuance of the preliminary permit; and d. The Town has received a copy of an archeological clearance letter; and Town staff members responsible for signing/approving the preliminary grading permit concur with issuance of the preliminary grading permit. G. Type 2 Grading Permit Extension and Reapplication Upon written request by the permit holder, the Town may grant a single extension of up to 180 days. Requests must be submitted prior to the date of expiration. Longer extensions maybe 'ranted to com•lete archeolo•ical work in accordance with Section 15-411 D. Consideration will be given to extension requests when quantifiable evidence is submitted. A reapplication (after the one time extension)for a grading permit shall be treated as a new application and additional conditions may be imposed as a result. H. Changes to Type 2 Grading Permits 1. Hazardous conditions: If drainage problems, flood hazards or other hazards occur, the Town may require that engineering modifications be submitted in a report and that the grading design be modified. 2. Non-hazardous conditions: If unanticipated non-hazardous conditions are encountered during grading, which are beyond the scope of the grading permit, the permit holder may request engineering modifications in a report to be reviewed and approved by the Town. Type 2 General Inspections 1. -. . -•_- :e _ •e e: --' . . .- -_.-_ :e ' e -The Town will inspect all grading which requires a Type 2 grading_permit. The grading permit applicant(or applicant's representative) shall request that a representative of the Town inspect or be on site for the following: a. Limits of grading and temporary fencing to protect natural areas; and b. Rough grading to be done prior to construction of the project. The inspector will verify grading to be within the limitations of approved plans. Certification of the building pad elevation by a registered land surveyor or civil engineer shall be presented to the inspector at this time; and c. Aggregate base course (ABC) material prior to paving and during compaction testing of the same; and Oro Valley Zoning Code Revised GRADING ORDINANCE d. Paving of public and private streets and compaction/material testing of the same; and e. Open water line (and other utilities as specified by the Town)trenches and backfill materials prior to burial of trench; and f. Any grading activity in addition to what was approved on the grading plans; and g. Stockpiling areas on or off-site; and h. Any specific grading activities or areas identified by the Town at the pre- construction meeting (held between staff and the contractor at the time of permit issuance) or during the course of construction activities; and Any on-site and off-site compaction testing or asphalt coring. 2. The permit holder shall provide the Town with an inspection request notification at least 24 (preferably 48) hours prior to (or as specified on the grading permit) the time the inspection is needed. 3. The Town will provide an inspector within two (2)working days from the time the inspection request is received, with the exception of the final grading inspection done in conjunction with the release of assurance. 4. The final grading inspection shall be done with the release of assurances for civil work or finalization of the project. Final grading inspections may be warranted at an earlier point in the project process. 5. If the Town finds site conditions are not as stated in the approved grading permit conditions or approved grading plan, the Town may order work authorized by the grading permit to stop pursuant to Sections 15-603 through 15-606. 6. Whenever grading work requiring Town inspection is concealed by additional work without first having been inspected, the Town may require by written notice, that such work is: a. Exposed, for inspection by the Town, at no cost to the Town; or b. Certified by the project civil engineer as being in conformance with approved plans and applicable regulations. J. Type 2 Final Grading Inspection 1. All required grading work shall be completed in accordance with the grading permit prior to final grading inspection by the Town and full release of assurances or final release of the project. 2. Where conditions of a grading permit or grading plan include the establishment of vegetation orother final site grading work that extends beyond the expiration of the grading permit, the Town will make inspections per Sec. 14-210 of the Oro Valley Zoning Code Revised. Oro Valley Zoning Code Revised GRADING ORDINANCE K. Type 2 Maintenance of Revegetation The Maintenance of revegetated areas shall be in accordance with Section 14-211, Oro Valley Zoning Code Revised. Sec. 15-303 Type 3 Grading Permit A Type 3 grading permit is required to ensure restoration of areas disturbed by the installation of utilities or other infrastructure not associated with a_plat or development plan. A Type 3 grading permit is also required to stockpile fill material. A Type 3 grading permit application requires a grading plan and additional plans or permits, when deemed necessary by the Town. A. Type 3 Grading Plan Requirements 1. The plan shall be drawn to a minimum 1" = 40' scale, unless the Town approves another scale prior to submittal. 2. Approximate topography 1' or 2' intervals. 3. The plan shall show the location of the site relative to subdivisions, parcel boundaries, roads, washes, and other geographic features as necessary to locate the project site. 4. Show the extent of proposed grading activity. 5. Show the type and location of temporary erosion and drainage control devices. Also see Section 15-406. 6. Show the type and location of permanent restoration and erosion control measures. 7. Provide a narrative of the work to be done, temporary erosion and damage control to be implemented, permanent restoration of the site, and start and completion date of the project. In the case of material left as a stockpile, include the source of the fill and the proposed stockpile height(not to exceed 6'). C. Type 3 Grading Permit Application and Review Upon issuance of a grading permit, a copy of the permit and approved plan shall be kept in a conspicuous and accessible location on the site. A grading permit shall be null and void if the authorized work has not been completed within 180 days of permit issuance. D. Type 3 Grading Permit Extension and Reapplication Upon written request by the permit holder, the Town may grant a single extension up to 180-days. Requests must be submitted prior to the date of expiration. Longer extensions may be granted to complete archeological work in accordance with Section 15-411 D. Consideration will be given to extension requests when quantifiable evidence is submitted. A reapplication for a grading permit shall be treated as a new application and additional conditions may be imposed as a result. Oro Valley Zoning Code Revised GRADING ORDINANCE E. Type 3 Grading Permit Inspections 1 Prior to commencement of grading (or stockpiling), the Town shall inspect the site where said activity is to occur. The applicant shall clearly identify areas to be graded (or earthen material stockpiled). Vegetation to be salvaged shall be identified. 2. During construction/grading activity, the Town may occasionally inspect to ensure erosion/drainage control measures are in place, functional and maintained. 3. Upon completion of grading activity, the Town shall inspect to verify that all prescriptive requirements of the approved grading plan and permit have been satisfied. The Town will do a similar inspection upon removal of stockpiled material. ARTICLE 15-4 GENERAL GRADING REQUIREMENTS AND NOTES Sec. 15-401 Cut and Fill Limitations Cut and fill slopes shall meet the following requirements: A. The maximum depth of a cut or fill shall not exceed six (6)feet measured vertically from the existing grade to the finished elevation. The depth of a cut or fill slope may be increased to 8' when terracing is utilized in conformance with Illustration 15-1.D. The terraces shall be landscaped to the satisfaction of the Town. For any construction, the height of exposed, constructed slopes shall not exceed twelve (12) feet in vertical dimension. Should a PAD (Planned Area Development), existing at the time of adoption of this ordinance, have conflicting cut and fill limitations, the PAD limitations shall govern grading operations within the PAD area. S. Cut or fill slopes 3:1 (horizontal:vertical) or less steep shall be revegetated. _•_ e: •e_ :e a -e •_• e e . • e• •: _ e e t �_ •e• ss_ - . •:• a _• e e . • _e •_•:e a •- -- • -- .e• e e • e e•: _•- - e• _ 'e• e •: e _e••e e: ••• . At the Town's discretion, the Town may retain sufficient funds from the restoration or landscape assurance to ensure revegetation of slopes again, should the initial revegetation efforts fail to become established to the satisfaction of the Town. C. Cut or fill slopes 2:1 or less steep (but steeper than 3:1) shall be rock riprapped with filter fabric installed beneath the rock. Filter fabrics used shall meet specifications found in the latest edition of the "Pima County—City of Tucson Standard Specifications for Public Improvements)". D. Cut or fill slopes steeper than 2:1 shall have grouted rip-rapriprap or retaining walls as appropriate. No slope shall exceed 1:1. E. Alternative methods of stabilization may be allowed if in accordance with a registered geotechnical (soils) engineer's recommendation and approved by the Town. F. Fill shall be compacted and soil tested in accordance with a soil engineer's recommendations and compaction tests shall be presented to the Town for the permanent record. Oro Valley Zoning Code Revised GRADING ORDINANCE G. Any structure used to retain slopes shall be designed to blend with the surrounding natural colors of the native rock and soils of the site. The surface shall be rough textured with heavy shadow patterns, which may be achieved by color-treated or veneered surfaces (or other methods approved by the Town). H. It shall be unlawful to dump or push dirt of any quantity over an existing slope (unless approved as part of a Type 1, 2 or 3 Grading Plan). Sec. 15-402 Site Revegetation and Stabilization A. All graded areas, except those to be used for agriculture or livestock purposes, shall be revegetated, stabilized and/or constructed prior to the expiration of the grading permit. Should the graded area not be revegetated and/or stabilized per approved grading plans or permit conditions at the time of expiration, the applicant shall have sixty days from the date of permit expiration to revegetate and/or stabilize per approved plans and permit conditions. If after the 68-60-day period, the applicant has not revegetated and/or stabilized graded areas, the applicant is in violation of this ordinance. The Town may use the posted restoration assurance to restore the native vegetative community or complete the revegetation and stabilization per the approved grading plan. B. The applicant shall provide the Town with an assurance in a form approved by the Town (See Sec. 4-903) equal to 120% of the monetary amount necessary to hydroseed and revegetate cut/fill slopes or graded areas. Said assurance shall be posted e 'e e ••_ e - =-e e_ •e• e - a e• __ -:• "_ e e'::_ .__ _ • e :e, prior to any site disturbance. The assurance shall be held until such time as the grading operation, infrastructure installation, building construction is completed to the satisfaction of the Town, or until such time as the project is deemed abandoned. If, after 12 months from the date of commencement of work, revegetation efforts fail to establish growth to the satisfaction of the Town, the Town may use the assurances to revegetate or apply other erosion control methods to cut/fill slopes or the graded area. Upon request by the applicant, an inspection will be performed by the Town for consideration of the release of the restoration assurance. •- ' _ •_-:_ •e• _•_ _ _ •- _•_ e_. All subsequent-inspections will be per the fee schedule adopted by the Town. Sec. 15-403 Driveways All driveways shall be paved with a durable asphalt, concrete, brick, aggregate or other surface that will maintain a dust free condition. Sec, 15-404 Slope Setback The Town may increase the following slope setbacks, if considered necessary for safety or stability, or to prevent possible damage from water, soil or debris: A. Top of cut slope: The top of cut slopes shall be made not nearer to a site boundary line than one- fifth (1/5) of the vertical height of cut, with a minimum of two (2) feet. The setback may need to be increased for any required interceptor drains. B. Toe of fill slope: The toe of fill slope shall be made not nearer to the site boundary line than one- half(1/2)the height of the slope, with a minimum of two (2)feet. Oro Valley Zoning Code Revised GRADING ORDINANCE C. Building: Buildings shall be set back from the toe and top of slopes in accordance with the building codes (minimum 5 feet, see Illustration 15-1.A) and the approved soils report. In addition, the building setbacks of the applicable zoning district shall apply. D. Rights-of-way: The required setback of a slope toe adjacent to a public right-of-way may be reduced with the approval of the Town, if there will be no adverse effect and: a. easements are not required, or b. retaining walls are used. Sec. 15-405 Restriction of Slope Development For the purposes of this ordinance, a regulated slope is one that has a minimum vertical difference of 6 feet from its toe to_top edcfe and the regulated sloped area extends for a distance_greater than thirty (30) feet in any horizontal direction. New subdivisions shall not create lots where access to any individual lot requires crossing a naturally occurring slope that is 25% or steeper. Nor shall new subdivisions be created where the actual building area for homes or buildings would require grading activity on slopes of 25% or steeper. • • • •.• • - -• - 0 ••_ ••- • ••••••• •• - -- -•• ••• -- • •• • :•dll,, The design for new subdivisions shall be created to avoid construction on naturally occurring slopes 15% or greater. e •_ e_ --_-_ e ••_ e e •_._- _ _0 - e -_ - _ _ -•- •_ •-- - •••••••_•• :a•__ •.■- -• - - - 2: -•• •- - e e -••- •• •- o - - - - ---- - - --- • ••a _I -- •• _• •• • •• _ •. . •••. On parcels or lots with 15% or steeper slopes, any grading on said slopes shall be consistent with restrictions in the Oro Valley Zoning Code Revised, Hillside Development Zone, Article 10-1 of the Oro Valley Zoning Code Revised. •: -ee '--• 'e••' - - ee= --- - • - -•- ---• e Sec. 15-406 Erosion Control Systems A. Permanent Systems: 1. Permanent erosion control measures shall be implemented and property maintained to prevent erosion of slopes, and cleared, brushed, grubbed or graded areas. 2. Where cut slopes are not subject to erosion due to the erosion-resistant character of the native materials, erosion control may be omitted upon approval by the Town. 3. Stabilization devices to prevent erosion or sediment deposition on off-site property may be required by the Town. 4. The shoulders of a paved public or private roadway shall be protected against erosion Oro Valley Zoning Code Revised GRADING ORDINANCE wherever curbing or constructed spillways are not provided. 5. Surface drainage: a. Cut and fill slopes shall be protected from erosion by surface drainage with appropriately designed methods (e.g. surface drainage interceptors); b. Drainage control shall be provided to keep drainage away from foundations; c. Any grading activities within a regulatory floodplain shall comply with the Oro Valley Floodplain Management Ordinance. d. Subsurface drainage: Should subsurface drainage be encountered or expected by the soils engineer or the Town, then appropriate measures shall be employed to ensure stability and protection of affected properties from ground water seepage. Methods used to minimize impact by subsurface drainage/seepage shall be approved by the Town prior to installation. B. Interim Systems: Plans for interim erosion control systems shall be submitted with all grading permit applications and shall be approved by the Town. Erosion control measures shall be implemented and properly maintained to prevent erosion of slopes, and cleared, brushed, grubbed or graded areas. Stabilization devices to prevent erosion or sediment deposition on adjacent roads and off-site property shall be required. The applicant shall be responsible for the control of dust emissions and shall use appropriate dust control measures. Applicants who are required to submit an U.S.E.P.A. Notice of Intent(NOI) for coverage under the National Pollution Discharge Elimination System (NPDES) for their project shall provide a copy of the NOI and the Storm Water Pollution Prevention Plan (SWPPP) to the Town prior to issuance of a grading permit. Sec. 15-407 Import and Export of Earth Material A. Loading of earth material shall occur only within the time limits of Subsection 15-408 below, and dust emissions shall be controlled through appropriate dust control measures. B. The transportation of earth material on or across public rights-of-way shall be done in a manner that minimizes blowing soil and other hazards. Sec. 15-408 Hours of Grading A. Grading equipment operation within one-half(1/2) mile of an occupied residential structure shall only be conducted between 6:00 a.m. and sunset Monday through Friday. Grading equipment operation shall only be conducted between the hours of 8:00 a.m. and 5:00 p.m. on Saturdays and Sundays. B. Equipment maintenance involving lights, motors or generators, and occurring within 600 feet of an occupied residential structure, shall not be conducted after sunset, noror before 6:00 a.m. C. The Town may allow grading equipment operation or maintenance during other hours, if such operations are not detrimental to the health, safety or welfare of the residents of surrounding properties. Oro Valley Zoning Code Revised GRADING ORDINANCE D. Permitted hours of operation or maintenance may be shortened by written notice to the permittee, if the Town finds a substantial adverse effect on the health, safety or welfare of the surrounding community. Sec. 15-409 Phased Grading For all subdivisions containing 75 lots or more, with an average lot size of less than 10,000 square feet, a I phased grading concept plan shall be required with the preliminary plat submittal. The Development Review Board shall review this plan. The Development Review Board shall forward their recommendation to the Town Council for their consideration. For all projects 10 acres or larger requiring development plans, a phased grading concept plan shall be required with the preliminary submittal. This plan shall be reviewed by the Development Review Board and approved by the Town Council. In considering the phased grading plans, the Development Review Board will review documentation and testimony leading to the following: • A balance in cut and fills, • Efficient installation of infrastructure, • Minimal need for stockpiling earthen material for more than six (6) months, • Minimize the time that graded areas remain exposed, preferably not more than one (1) year. Sec. 15-410 Restriction of Vehicles A. No vehicles or equipment shall encroach onto areas designated to remain in a natural state on the approved final plat, development plan, grading, landscape or native plant salvage plans. B. Points-of-entry to the site during grading shall be only as designated on the approved grading plan. C. Access roads to the site during grading shall be only as designated on the approved grading plan. Sec. 15-411 Additional Requirements A. During grading, and until revegetation or stabilization has taken place, dust shall be minimized through application of approved dust controls in accordance with Section 13-603 of the Oro Valley Zoning Code Revised. B. Public rights-of-way, sidewalks and other improvements shall be maintained during grading in a neat and clean condition, free of loose soil, mud, construction debris and trash. Any damaged areas shall be restored to original appearance at no cost to the Town of Oro Valley. C. Debris, fill or equipment shall not be stored within a public right-of-way without a right-of-way use permit from the Town. D. If applicable, archaeological exploration and mitigation work, as recommended by a qualified archaeologist (see Sec. 15-301A.10), shall be performed prior to commencement of grading operations on the affected portion of the site. If, during the grading phase of construction, unexpected archaeological findings are encountered, said grading shall cease and the grading Oro Valley Zoning Code Revised GRADING ORDINANCE permit shall be temporarily suspended until the significance of said finding is determined and mitigation is provided by a qualified archeologist. The analysis of any finds shall be provided to the Town prior to reactivation of the grading permit, granting occupancy permits or release of Assurances. The expiration date of a reactivated grading permit may be extended for a period equal to the time of suspension necessary to complete archeological work. E. Adjoining property(ies) shall be protected in such a manner as to prevent damage to said property(ies). Protection from caving, settlement and other similar occurrences shall be the responsibility of the permittee (see Sec. 15-602, Liability). ARTICLE 15-5 EXCEPTIONS AND INTERPRETATION REVIEW Sec. 15-501 Exceptions A. Scope: An exception from a provision of this Grading Ordinance may be applied for, and may be granted by the Town of Oro Valley Development Review Board when the intent of this ordinance can be met by other means and when strict application of these provisions could require unnecessary disturbance to the land, would create a hazard to adjacent property, would be materially detrimental to persons residing in the vicinity or would be materially detrimental to the public welfare in general. B. Findings: Applications for Grading Exceptions shall address each of the below findings. ,The Development Review Board (DRB)will review all applications for grading exceptions at scheduled public hearings. When reviewing requests for grading exceptions, the DRB shall consider each of the findinf s and address them in their deliberations. To •rant an exce•tion DRB shall find that the request addresses the concerns of each finding and is in substantial com liance withoensider the six-standards-findings etas a whole. 1. The exception meets the intent and purposes of this code ; and 2. Granting the exception constitutes the minimum to allow the proposed improvement, and 3. The conditions on the property are unique -•e -a-- • - -=• •••` e =••=a such that strict adherence to this ordinance would cause an unnecessary hardship which substantially limits the preservation and enjoyment of property rights;-and 4. The exception e e_- •e -e•- • - _ - e -• ••e e -e=-•- e • • :e_, -•e imposes conditions so as not to constitute a granting of special privilege-e:- •- __ e_ • - - e - -- • - design; and 6:5. That the exception will not be materially detrimental to persons residing in the vicinity, to adjacent property, , to the neighborhood or the public welfare in general. C. Conditions: At the Development Review Board's discretion, conditions may be imposed on the exception that will: Oro Valley Zoning Code Revised GRADING ORDINANCE 1. Assure that the intent and purpose of this chapter are met; and 2. Provide adequately for the protection of surrounding property owners and residents; and 3. Provide mitigation of scarring and restore the site to a natural appearance in terms of contours and vegetation, where possible. D. Application: The request for exceptions shall be made on a form provided by the Town and may be heard within 60 days. Hearing fees shall be required. E. Review and notice: The Development Review Board will hold a duly noticed public hearing on the exception request and notice of the hearing will be mailed to all property owners within 300 feet of the grading site prior to such hearing. F. A decision of the Development Review Board may be appealed within 20 days of the decision to the Mayor and Council. Sec. 15-502 Requests for Interpretation A. Scope: Upon request, the appropriate Town representative shall render an interpretation of the regulations of the Chapter. Should any person be aggrieved of said interpretation, a request for review of that interpretation may be made to the Development Review Board. At a subsequent meeting, the Development Review Board shall review the interpretation in the matter and render its decision, either to uphold the interpretation, or to make a different interpretation of this Chapter. B. The request for review of an interpretation shall cite: 1. The disputed interpretation; 2. The words alleged to have been misinterpreted. C. Application: The request shall be made on a form provided by the Planning &Zoning Department and will be heard within 60 days. Hearing fees shall be required. D. Review and notice: The Development Review Board will hold a public hearing on the interpretation issue and notice of the hearing will be mailed to the applicant and any other interested, affected party(ies), subject to the Community Development Director approval. ARTICLE 15-6 GRADING PERMIT AUTHORIZATION, LIABILITY, ENFORCEMENT AND PENALTIES Sec. 15-601 Authorization to Proceed with Work The issuance of a grading permit shall constitute an authorization to do only that - -e e• •- e e •e• e •_ -- ••• e -- •_ . :work that is described or illustrated on the application for the permit, or on the site plans and specifications as approved by the Town. The issuance of a permit, or the approval of drawings and specifications shall not be construed to be a permit for, nor the approval of, any violation of, or deviation from, the provisions of this or any other Town ordinance, code or regulation. A permit issued shall become invalid if, in the work completed, a violation of this article or deviation therefrom ensued. When such violation occurs, the permit shall be deemed to be canceled and the ground shall be restored to the condition it was in prior to start of the grading work. Oro Valley Zoning Code Revised GRADING ORDINANCE The issuance of a permit, based upon drawings and specifications, shall not prevent the Town from thereafter requiring the correction of errors in said drawings and specifications, or from stopping unlawful construction operations being carried on thereunder. The Town may require grading operations and project designs be modified if weather-generated problems occur that were not considered at the time the grading permit was issued. Sec. 15-602 Liability Neither the issuance of a permit under the provisions of this ordinance, nor the compliance with provisions hereof, or with any conditions imposed in the permit issued hereunder, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the Town for damage to other persons or property. Sec. 15-603 Enforcement A. The enforcement of this Grading Ordinance and conditions of the grading permit shall be in accordance with this section. B. If the Town makes a determination that non-compliance with the conditions of the grading permit, or any condition imposed by rezoning, plat or plan approval exists, the Town may issue a stop- work order and/or citation. Further, the Town shall hold in abeyance, by written notice, any/all town review of other submittals related to the subject project and the issuance of Town permits for any aspect of it until remedial actions have received the written approval of the Town. Sec. 15-604 Stop-Work Orders Whenever the Town determines that grading does not comply with this ordinance or the grading permit conditions, or that the soil or conditions are not as stated on the permit, the Town may order the work stopped by written notice served on any person engaged in doing or causing such work to be done, and/or issue a citation. Any such person shall immediately stop such work until written authorization is granted by the Town to proceed with the work. Sec. 15-605 Citations If deemed necessary and appropriate, citations for grading violations may be issued. The Planning and Zoning Administrator will issue the citation -_ °____e •_ _e......•• _ _ e e••_- P.' __ e The Town Engineer shall co-sign citations issued for grading violations occurring within Town right-of-way. Sec. 15-606 Penalties A. Failure to obtain a grading permit: Unless exempted by this ordinance, failure to obtain a grading permit prior to commencement of grading shall be a violation of this ordinance. However, the Town may issue an exception permit if the Town finds that an emergency existed that made it impossible first to obtain a permit. B. Violations: A violation of this ordinance may result in issuance by the Town of a stop-work order and/or a citation and penalties in accordance with paragraph C of this section. Payment of fine Oro Valley Zoning Code Revised GRADING ORDINANCE shall not relieve any person from complying with the requirements of this ordinance. C. Penalties: Failure to comply with the approved grading plan, conditions of the grading permit, and/or grading not in compliance with this ordinance shall cause immediate revocation of all permits. At the Town's discretion, a permit may be issued for the purposes of getting the illegally graded site into compliance with the grading ordinance, for the purposes of re-establishing the grades approved on the grading plan, and for replacing and maintaining protected native plant materials or public property destroyed as a result of the illegal grading operation. New permits for continuing the project shall not be issued until the required fines are paid to the Town. The Planning and Zoning Administrator, upon consultation with the Town Engineer and/or qualified registrants in the landscaping or construction trades, shall recommend the extent of the restorative fines, based on the following: 1. Cubic yards of material, plus labor, to re-establish grades approved to the plan; 2. Replacement of protected native trees destroyed -$30.00 per caliper inch (measured 1 foot above the ground level (see addendum H to Article 14-1); 3. Saguaro Cacti -$200 per foot; 4. Other protected native cacti-$300 per specimen, 5. Material and labor to re-construct/repair damage to public property. Determination of restorative fines for grading violations, pursuant to this section, shall be based upon the type, size, density, distribution, and condition of plant materials destroyed in the act of violating the grading permit requirements; upon the amount of earthwork required to restore the area; and, upon the amount of repair necessary to public property where the violation occurred. Fines invoked for the destruction of native vegetation, as outlined above, may be determined upon inspection of the remains of the destroyed plant materials or other physical evidence as may be available. In addition to restorative fines, punitive fines may also be levied. Said punitive fines may be in excess of$100,000. Oro Valley Zoning Code Revised EXHIBIT B FINDINGS REGULATIONS FOR VARIANCES STATEMENT ON FINDINGS FROM ARS 9-462.06 (the State Statute enabling the Board of Adjustment) The Board of Adjustment shall decide appeals for variances from the zoning code if, because of special circumstances applicable to the property, including its shape, topography, location, or surroundings, the strict application of the zoning ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district. Any variance granted is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and zone in which the property is located. ZONING CODE EXCERPT RELATED TO BOARD OF ADJUSTMENT FINDINGS Sec. 1-709 Findings A variance from the provisions of this Code shall not be authorized unless the Board shall find upon sufficient evidence: A. That there are special circumstances or conditions applying to the property referred to in the application including its size, shape, topography, location or surroundings which do not apply to other properties in the district; and B. That special circumstances were not created by the owner or applicant; and C. That the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights; and D. That any variance granted imposes such conditions as will assure that the authorizing of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; and E. That the authorizing of the variance will not be materially detrimental to persons residing in the vicinity, to adjacent property, to the neighborhood or the public welfare in general. -13_01 Development Review Board Minutes Page 8 Roll call vote: Baiocchetti - yes,Bell - yes, Chair Vogelsberg - no, Mager - no, Weatherford - no, Underwood - yes UPDATE ON PROPOSED AMENDMENTS TO THE GRADING CODE, OVZCR CHAPTER 15,AND THE NATIVE PLANT SALVAGE AND LANDSCAPE PLAN REQUIREMENTS, CHAPTER 14 Member Baiocchetti excused. Bryant Nodine introduced the staff report into the record. Mr. Nodine reviewed the six standards the DRB uses to make a decision and then reviewed the standards the Board of Adjustment uses;which is to consider all six findings rather than meet all six findings. He stated that the purpose of this proposal is to simplify the review process, reconsider which subdivisions should be able to mass grade lots, and to amend the gradingwaiver requirements. Mr. Nodine asked for comments from the DRB members. commented that the proposed conditions are one's he could support. He describes Member UnderwoodP P them as a more realistic approach. Chair Vogelsberg was in agreement. Mr. Nodine continued his review of the Native Plant Salvage and Landscape plan requirements. He ted the objective ctive is to allow administrative approval of salvage plans. Furthermore, staff proposed an amendment allowingDRB approval of landscape plans rather than sending the plans to DRB for a PP recommendation n and then to Council for approval. Mr. Nodine stated that the proposed change will not overall times for projects because landscape plan review and approval is run concurrently with shorten plats or development plans. Member Underwood commented he thought the changes were a good idea. Other DRB members were in agreement. Hearing Opened: Hulse 11361 N. Twin Spur Court, commented that he did not like the six-foot limitation on Mr. Charles y, P . n fill. Furthermore, he asked that on the salvage plan if they did not like staffs decision, could the cut and theyhave the right to appeal to DRB or Council? Mr. Nodine said it could be set up that way. Mr. g PP addressed the massgraded lots. He felt that with the market that he is seeing in Oro Valley and Hulsey . the requests that he is gettingin his office, there is not enough of a building pad on some lots. On a q 17,000square foot lot, he is only allowed to disturb 12,000 square feet. He commented that he couldn't 3,500 square uare foot house with a garage and driveway and a pool in the backyard. The requests will fitaq continue to come forward that more space is needed to build. Hearing closed: _ember Underwood commented that he would like to complement staff on the hard work they put into this much-needed process. March 6,2001 MINUTES, PLANNING AND ZONING COMMISSION 2 PUBLIC HEARING OPENED Bill Adler, 10720 N. Eagle Eye Place, Oro Valley,stated that by accepting this recommendation the Commission would be amending the ordinance and reassigning the responsibilities of the Development Review Board. Mr.Adler added that enforcing the Town of Oro Valley's Design Guidelines are the responsibility of the Development Review Board. He stated that he does not understand why staff had proposed this amendment. PUBLIC HEARING CLOSED In response to Chair Douglas' question, Bayer Vella,AICP explained that there would not be any inconsistency. The counting process would more aptly handled by staff and enable the Development Review Board to focus on the design issues. The Development Review Board will review the Site Resource Inventory,the Landscape Plan, and the Development Plan. The Development Review Board would be able to recommend building orientation in order to maximize preservation. Mr.Vella,AICP explained that the Native Plant and Salvage Plans are separate from the Development and Landscape plans, however during the review process the plans are reviewed simultaneously. For example, on a 5-acre parcel several thousand plants could exist on site. Staff then calculates what can be salvaged. This is used to assist with the landscape plan. He added that landscape,development and improvement plans need to be approved prior to the issuance of grading permits. MOTION: Commissioner Cox MOVED to forward OV07-01-01,Amendment to the Native Plant Salvage Code, Oro Valley Zoning Code Revised, Chapter 14 and Related Definitions, Chapter 2 to Town Council recommending approval. Motion CARRIED by a 7-0. 2. PUBLIC HEARING OV7-01-02 AMENDMENT TO THE LANDSCAPE CODE, OVZCR CHAPTER 14 AND RELATED DEFINITIONS, CHAPTER 2 Mr.Vella,AICP reported that this proposed amendment would allow the Development Review Board to approve the landscape plans rather than forwarding the landscape plan to Town Council for their consideration and approval/denial. Mr.Vella, AICP stated that a good landscape plan meets two basic criteria: (1)it meets the Zoning Code; and (2)it is well designed. PUBLIC HEARING OPENED No speakers. PUBLIC HEARING CLOSED MOTION: Commissioner Briggs MOVED to forward OV07-01-02,Amendment to the Landscape Code,Oro Valley Zoning Code, Chapter 14 and Related Definitions,Chapter 2 to Town Council recommending approval. Motion CARRIED by a 7-0 vote. 3. PUBLIC HEARING OV7-01-03 AMENDMENT TO THE GRADING CODE,OVZCR CHAPTER 15,AND RELATED DEFINITIONS, CHAPTER 2 Mr. Bayer Vella,AICP reported that this item was proposed primarily to allow shielded cuts, reconsider which subdivisions should be able to mass grade lots, and to amend the grading waiver requirements. The Commission considered it on February 6th and at a Study Session on February 20th. PUBLIC HEARING OPENED March 6,2001 MINUTES, PLANNING AND ZONING COMMISSION 3 Mr.Richard Underwood, 10945 N. Pomegranate, Oro Valley resident and Development Review view Board Member stated that he has seen the Town of Oro Valley go though many changes. He explained that he felt that this proposed amendment to the p P grading exception would go a long way towards clarifying some issues and enabling the applicant to submit better plans for the Development Review Board rd to review. He added that six findings are very challenging to meet. As an example, he brought up the Town Libraryissue and the fact that request was denied because all sixfindings q were not met to get across the wash for a second access point. Mr. Underwood suggested that a condition could be added that staff has to evaluate each case individually. Mr.Charles Hulsey, 11361 N.Twin Spurs Court, Oro Valley stated that he agreed with Mr. g . Underwood and that this ordinance does not encourage creativity, it encourages one to try to get around the ordinance. Mr. Hulsey explained that the development community wants the abilitycustom lots-on large g (15,000 square feet and above)—to clear enough for house, pad and driveway. Essentially, builders want to grade all of the pads at one time. It's economical for them,the builder, to grade everything at once because is alreadythere. � g the equipment Mr. Hulsey explained that there would always be developers who would try toet around ordinances. g Mr. Bill Adler, 10720 N. Eagle Eye Place, Oro Valley, stated the gradingordinance i snot any less important than the native plant ordinance. He explained that he had attended Development Review Board meetings approvalthe p Revi for a grading waiver has been approved in 45 minutes or less. He stated that he does not care how many criteria are established, as long as the criterion is met consistently. Y Mr. Ray Barnes, 10431 N. Stargazer Drive, Oro Valley, stated that he is an architect and a citizen of the Town. He explained that he is in favor of eliminating the 6-foot cut from theradi ordinance.ng ordinance. He added, he has had to deal with applying for grading waivers and grading exceptions. He suggested that added flexibility should promote less destruction tog the environment. Mr. Richard Maes,9555 N. Vistoso Highlands Drive, Oro Valleystated that he and that he supports represented Vistoso Partners staff's recommendations for the proposed amendments to the grading ordinance. PUBLIC HEARING CLOSED Commissioner Cox stated that he appreciated the input from members of the Development evelopment Review Board, the development community and Town staff. MOTION: Commissioner Moody MOVED to forward OV07-01-03 Amendment to the Grading Code, Oro Valley Zoning Code, Chapter 2,to the Town Council recommending approval. Motion amended to strike the word from Section 15-202, B Type 2 Grading Permit"The areas to bereserve supplement other naturalP d shall be located to area,preserve significant vegetation,and(/or)break up the mass graded areas into clusters." Motion CARRIED by a 7-0 vote. Chair Douglas recessed the meeting at 7:45 p.m. Chair Douglas resumed the meeting at 7:50 p.m. 4. WORK PLAN UPDATE Mr. Bayer Vella, AICP stated that the Commission Work Plan reflected the updated status of projects and conveyed to the commission that he would be happy to answer anyquestions they ' work plan. might have regarding the Commissioner Moody stated that his suggestion for amending the off-street parking ng code is that any recreation vehicles in any outdoor storage should be covered or out of sight of g neighbors. r ',)„----0 1 AMENDMENT TO THE GRADING ORDINANCE Hector Conde 5/1/2001 Thep roposed changes to the grading ordinance should have been written with the best interests of the town in mind, not of those of the developer. The occurrence of these changes, right after the developer lobbied publicly for them proves it. In the town as a whole the most environmentally sensitive area and the largest proposed for a change —form the developer point of view- are in Neighborhoods 11 and 12. I stress the word largest, both in size and increased monetary value. This change in the code will allow the developer to make profits of a land that otherwise should have remained untouched. And those profits are not negligible. The developer wants to build 89 homes in Neighborhood 11 and 69 homes in Neighborhood 12. Those homes are not supposed to be built, according to the PAD and according to the General Plan. The PAD has the force of a contract between the Town and the developer. Adopted in 1987, it clearly states that those areas, because of their rugged nature, would remain as undisturbed natural open space. And the terrain is the same in Neighborhood 12. If it is true that land sells for a million dollar an acre, that development would be a present, from the Council, the town and the taxpayers of roughly $158 million dollars. What does the town get in exchange? A one-time building fee of roughly $240,000, plus $68,000 a year as state shared revenues. When you deduct town services, the Town gets nothing. As for sales tax input from the owners, most of them will use the property 6 months a year, making it half of the expected revenue. Article sec. 15-202 of the Zoning Code is going to read: "...Mass grading shall be permitted for new residential subdivisions only under the following conditions: B. The average lot size is more than 10,000 sq ft up to 15,000 sq ft and areas within the lot are preserved as natural, undisturbed open space. The area to be preserved must be at least 50% of the sum of each lot size...." This novel approach of platting is devoid of any ecological sense. What good is to have a wilderness area of a few acres totally surrounded by housing? There is no connectivity. Think of a mule deer or a gila monster trying to survive under those circumstances. This is an attempt to mold conservation biology to fit development, when the other way around should prevail. Furthermore, the proposed development is a gated community. The question is: who is going to enforce the requirements that homeowners should not trash the "natural open space" with activities such as horse riding, ATV's or other not allowed uses. There is no way to enforce this ordinance. The HOA, composed of the same people that pay for the land and cannot use it, is not likely to enforce it. The word "property rights" will come to mind to people who paid for the land cannot use it. The developer would be gone and the town has to enforce this folly or ignore it. The exceptions section, section 15-501, has also a proposed changes that makes theg ranting of this present to the developer easier to succeed. It said, under findings to grant an exception: " The conditions of the property are unique and effectively deny improvement". It is changed to "The conditions of the property are unique such that strict adherence to this ordinance would cause unnecessary hardship which substantially limits the preservation and enjoyment ofp roperty rights" . Now it introduces factors like "unnecessary hardship" and "preservation of property rights". How is the DRB rule on these if even the courts cannot do that? It adds: "That the exception will not be materially detrimental to persons residing in the vicinity, to adjacent property, to the neighborhood or the public welfare in general." Before it said:" That the exception will not negatively impact the community." This change tries to eliminate the Honey Bee Canyon from the picture. It also eliminates the rest of the town's opinion, depending on the meaning of "welfare". Is the welfare of the town dependent on the existence or disappearance of the Honey Bee Canyon? Is the disappearance of a desert view "materially detrimental" to the neighbors, or is it a folly, compared to war, famine and pestilence? TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: May 2, 2001 TO: HONORABLE MAYOR & COUNCIL FROM: Judy Imhoff, Planner I SUBJECT: OV12-00-05, WLB GROUP, INC. REQUESTS A PRELIMINARY PLAT EXTENSION FOR RANCHO VISTOSO NEIGHBORHOOD 7 PARCEL A, LOCATED SOUTH AND ADJACENT TO MOORE ROAD, WEST AND ADJACENT TO HIGHLANDS WASH, AND EAST OF VISTOSO RIDGE SUBDIVISION BACKGROUND: On August 2, 2000, the Town Council approved the Preliminary Plat for 55 single family residential lots located south and adjacent to Moore Road, west and adjacent to Highlands Wash, and east of Vistoso Ridge Subdivision. SUMMARY: The WLB Group is currently in the process of replacing EEC as the consulting engineer for Vistoso Partners. .ccording to the applicant, the request for extension is based on the need to complete the project management transfer and meet with staff to discern project issues. Pursuant to OVZCR Sec. 4-312A, a preliminary plat is "valid for a period of six months from the date of Town Council approval unless otherwise provided by the Council." A six month extension of the preliminary plat approval may be granted by the Town Council upon receipt of a letter from the subdivider prior to the expiration date. The Preliminary Plat expired on February 2, 2001. As a result, the WLB Group needs a six-month extension of the Preliminary Plat. This preliminary plat involved an extensive public involvement process requiring numerous public meetings over a period of several months. Expiration would result in the applicant re- applying and starting the process over. Since the Preliminary Plat was approved by Town Council, Vistoso Partners has progressed with off-site work, including the extension of Moore Road to the site. In addition, a Pygmy Owl survey was completed on March 21, 2001, for the 2000 and 2001 survey seasons. RECOMMENDATIONS: Staff recommends approval of the six-month extension for OV 12-00-05, Rancho Vistoso Neighborhood 7 arcel A Preliminary Plat. TOWN OF ORO VALLEY C7UNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTIONS: I move to approve a six month extension of 0V12-00-05, Rancho Vistoso Neighborhood 7 Parcel A Preliminary Plat. OR I move to approve a six month extension of OV 12-00-05, Rancho Vistoso Neighborhood 7 Parcel A Preliminary Plat, subject to the following conditions: OR I move to deny a six month extension of 0V12-00-05, Rancho Vistoso Neighborhood 7 Parcel A Preliminary Plat, finding that: ATTACHMENT: 1. The WLB Group Letter Request IDL Plae and Zoning Administrator 7/MATA-,g- Community Develo ent Director Town Manager F:\OV\OV12\2000\12-00-OS\TC report.doc Te Engineering • Planning 1VLB March 30, 2001 Surveying • Urban Design Landscape Architecture roup Bryant Nodine Planning & Zoning Administrator Town of Oro Valley 11,000 N La Canada Drive F. tFy 4f= `� Oro Valley, AZ 85737 MAR (2 0 2001 L'j Re: R.V. Neighborhood 7A Preliminary Plat Extension ` OV12-00-05 WLB No. 185050-A059-0105 Dear Bryant: The WLB Group is currently in the process of taking over as the consulting engineer for the above-referenced project. At this time, we respectfully fequest that a 6-month extension be granted for the Preliminary Plat approval. The preliminary plat, prepared by EEC, was heard and approved by the Mayor and Council on August 2, 2000. In the interim, Vistoso Partners has been diligently working on the Moore Road extension to provide access to this site. In addition, a Pygmy Owl survey was required, the results of which were just received by Vistoso Partners March 27, 2001 (copy attached). As the Moore Road improvements are near completion and the owl survey is complete, we would like to begin preparations for the Final Plat. First, we will need to take some time to meet with your staff and verify that all of the Preliminary Plat conditions were met, and get the salvage underway, if not already started. Since the off-site work required for this project has been progressing over the past several months, we would greatly appreciate your consideration of granting our request for an extension. If you have any questions, you can reach me at 881-7480. I look forward to hearing from you on this matter. Sincerely, T e WLB Group, Inc. 1_ :Jur_ iiies, ___ fx.e.LcIL a Thompson Subdivision Coordinator cc: Dick Maes, Vistoso Partners William C. Walker Steve Oliverio Engineering • Planning • Surveying • Urban Design • Landscape Architecture Offices located in Tucson. Phoenix , Las Vegas • E-mail: wlbtuc@ix.netcom. com 4444 East Broadway • Tucson, Arizona 85711 • (520) 881-7480 • FAX (520) 881-7492 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: MAY 2, 2001 TO: HONORABLE MAYOR& COUNCIL FROM: JOHN BARBEE, FIRE ADVISORY BOARD VICE-CHAIR SUBJECT: RECOMMENDED PERFORMANCE STANDARDS AND CRITERIA SUMMARY: The Fire Advisory Board has revised the Performance Standards (attached) as discussed in our Joint Study Session of February 22, 2001. Our goal was to clean up any conflicting language and to make the standards and language applicable to whomever provides our Fire and Emergency Medical Services. Our justification for the numbers came from many sources, including, but not limited to: • Oro Valley Evaluation of Emergency and Non-Emergency Services • Oro Valley Strategic Plan • National Fire Protection Association (NFPA) Standards • O SHA's Two in- Two Out standard • American Heart Association standards In addition to the Performance Standards, we have spent considerable time discussing and approving the iollowing issues. • By unanimous vote, we agreed that Fire and Emergency Medical Services should be provided by a single provider. • By unanimous vote, we propose to Council "Resolved, that the Town of Oro Valley be encouraged to maintain its efforts already under way to improve the water distribution system of existing mains and hydrants through the Town where they are below nationally recognized standards for fire flow. The Fire Advisory Board considers these improvements a matter of high priority and the Town's responsibility to complete as soon as possible". • Notice was taken by the Fire Advisory Board that fire service mutual aid and/or automatic aid agreements would be of great benefit to the town. The pros and cons of these recommendations and other issues could be discussed at a future study session. We look forward to our continued service to the citizens of Oro Valley. SUGGESTED MOTION: I move to accept the recommended Performance Standards and Criteria and the recommended Non-Emergency services for fire service in the Town of Oro Valley. John :arbee PERFORMANCE STANDARDS AND CRITERIA FOR THE TOWN OF ORO VALLEY FIRE SERVICE 1. The minimum number of state certified firefighters assigned to an engine and ladder company designated to serve the Town of Oro Valley shall be four(4). The four(4) firefighters shall include at least one(1) supervisor, one(1)certified paramedic and one (1) qualified driver/engineer. 2. The minimum number of state certified firefighters on the scene of a fire within six (6) minutes of the receipt of the call by the fire service shall be six (6) state certified firefighters 90% of the time. The total response time from receipt of call (including two minutes for 9-1-1 response) shall not exceed eight (8)minutes. 3. The minimum training level of personnel assigned to ambulances shall be one(1) certified emergency paramedic and one(1) emergency medical technician. 4. Ninety percent (90%)of responses to medical emergencies shall be made within five(5) minutes from receipt of the call by the fire service to time on scene. The total response time* shall not exceed seven(7)minutes. 5. Ninety percent(90%) of responses to fire emergencies shall be made within six (6) minutes from receipt of the call by the fire service to time on scene. The total response time* shall not exceed eight(8)minutes. 6. An ALS (Advance Life Support)transport capable unit shall arrive at the scene of a medical emergency within eight (8)minutes 90% of the time and twelve (12) minutes 100%of the time, from the time requested. 7. The fire service shall assign, at minimum, one (1) ALS engine company and/or ALS ladder company at every Oro Valley station. In addition, a minimum of one(1)ALS ambulance shall be assigned to one (1) station. When a unit is dispatched to an emergency outside of Oro Valley, an ALS unit of similar function shall be kept in Oro Valley. In addition, if an engine or ladder is dispatched outside of Oro Valley, one(1) firefighter is to remain at the station. Backup units shall have a minimum of three(3) state certified firefighters on the fire apparatus and two (2) personnel on an ambulance, as defined in item three(3) above. 8. Hazardous material response shall be provided in compliance with local, state and federal regulations. 9. That the Town and the fire service set a goal of an ISO rating of four(4)or better within ten(10)years. 10. In an unhydranted area,the fire service shall provide engines and water tenders sufficient to maintain a 250 gallons per minute water supply for a minimum of two (2) hours. The fire service shall provide a water tender in the Town of Oro Valley. Performance Standards& Criteria Page 1 of 2 11. A fire service provider shall provide a minimum of two (2)National Wildland Consortium Group(NWCG) certified (red card) firefighters and a minimum of one(1) type six brush truck to be stationed in Oro Valley for brush fires. 12. Mandatory non-emergency services, public education and fire prevention services shall include, but not be limited to: • babysitter education, • bicycle helmet education, ♦ bike safety programs, • blood pressure checks, • car seat inspections, ♦ CPR instruction, • desert pest removal, • home safety inspections, and • life threatening residential/vehicle lockouts. 13. Documentation that confirms compliance with these Performance Standards shall be provided within two (2)working days of request,to include, but not limited to: + equipment inventory, ♦ hose and pump test records, • hydrant tests and maintenance, • commercial fire inspections, • ladder certification tests, ♦ duty rosters, • personnel status and certification, • mutual aid agreements, and • training and dispatch records. DEFINITIONS: ➢ An engine is defined as a class "A" pumper meeting, but not limited to, National Firefighter Protection Association(NFPA) standard 1901 and 1911. ➢ A ladder is defined as a hydraulic aerial device meeting, but not limited to, NFPA standard 1901 and 1914. ➢ A tender is defined as a mobile water supply of at least 2000 gallons meeting, but not limited to, NFPA standard 1901 and 1142. ➢ Engines, ladders, and tenders shall comply with general provisions of ISO for equipment, where feasible. ➢ *Total response time shall be defined as the time from receipt of first call by dispatch until the arrival of the first unit. Performance Standards& Criteria Page 2 of 2 PERFORMANCE STANDARDS AND CRITERIA Engine and/or Ladder company 1. The minimum number of state certified firefighters assigned to an engine and ladder company designated to serve the Town of Oro Valley shall be four(4). The four(4) firefighters shall include at least one (1) supervisor, one(1)certified paramedic and one (1) qualified driver/engineer. An engine and ladder company Firefighter/Supervisor Firefighter/Qualified Driver 4 Firefighter/Certified Paramedic Firefighter r, Fire Scene Staffing and Times 2. The minimum number of state certified firefighters on the scene of a fire within six(6) minutes of the receipt of the call by the fire service shall be six (6) state certified firefighters 90% of the time. The total response time from receipt of call (including two minutes for 9-1-1 response) shall not exceed eight (8)minutes. 0 2 I 6 8 ((,'f ' c4=i, 1444 .;.;TY, &is -i-4, ,,,k , , ,„ = 0 V O V "VD 2 O"10 O A '.D. 0 CO V) 00 V rip � 4-+ 8 = E cN O '� Performance Standards& Criteria Attachment A Page 1 of 1 1,..... 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I r`2il li 1 a CJ� i(`2 h!�}y}S�'!.`+�}Y y'a'�y1 y. j��1 4'`,l l 5tr,{ +r♦Eu;',i fdlT.f1�3.'E�T�1aY''Ki"'.1 k4'.`+i'fv 7:*7 yrr.�;i•'+y1 i 1W.I.eII J tYt`�+.}r:0'`- 11$.ii ��� r � r�l ss ert 4C j>"J. ` Yom+. #�a` a l3a?7,11�V1 x�M, ,cr<,, •c�'tt�l�`.r �J'S^:r,,:0,10,1,4. ar{ i +f(�r �,t !i:. 1�+ ilbw�+Y� j r,*f f Fr f ��r3!�1tw��.1•n 5 u(•�w.,/*pi:rr f5{t�}!},,+'�s D' r+,.1�F��vYy f♦J4 r�P CD � rr NWTi �!`kta< '�.i / O ►t:Te4� ,,APA N 'w .?4' yip�{ 19t ig 1 t .6A ,I, Cig O - ice•+ • tE� VI P 1—.- TCT iY = t ril 1 CD CD e-♦ 0 VI CA Cr cr) P Performance Standards & Criteria Attachment A Page 2 of 2 .9 TOWN OF ORO VALLEY COUNCIL COIVIMUN1CATION MEETING DATE: MAY 2, 2001 TO: HONORABLE MAYOR & COUNCIL FROM: JOHN BARBEE, FIRE ADVISORY BOARD VICE-CHAIR SUBJECT: EXTENSION OF TERM FOR THE FIRE ADVISORY BOARD SUMMARY: On January 17, 2001 the Fire Advisory Board, with the addition of Ray Cottini to the Board, was given an extension of six (6) months from November 16, 2000 through May 16, 2001. To date, the Board has completed and recommended to Council Performance Standards and Criteria and have engaged in substantive dialogue on how best to apply these standards. It is the Fire Advisory Board's intention to respond to the direction of the Town Council and make recommendations regarding the provision of fire and emegency medical service in the Town of Oro Valley. To that end, the Fire Advisory Board is requesting an extension of term for one (1) year. SUGGESTED MOTION: I move to extend the term of the Fire Advisory Board for an additional twelve(12) months effective 05/16/01 through 05/16/02 in order to allow them time to assist the Town Council as directed. ( r rviA John Barbee TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: MAY 2,2001 TO: HONORABLE MAYOR& COUNCIL FROM: CHUCK SWEET, TOWN MANAGER DANIEL G. SHARP, CHIEF OF POLICE SUBJECT: EXTENSION OF TERMS FOR THE FIRE ADVISORY BOARD SUMMARY: On November 15, 1999, the Mayor and Council approved the formation of a Fire Advisory Board to develop a recommendation for a Fire and Emergency Medical Services Implementation Plan for the Town of Oro Valley. The term of the Board was to be six months commencing on May 17, 2000. On December 6, 2000, the Mayor and Council voted to extend the Fire Advisory Board's term an additional six months (November 16, 2000 — May 16, 2001). At the February 22, 2001 Joint Study Session, the Mayor and Council directed the Board to meet and "clean-up" the recommended Performance Standards and Criteria and to develop, in writing, the rationale for the Board's decision. The Council stated that once the Fire Advisory Board submitted their final report that the Board would take a short "hiatus" while the associated costs of implementation are determined. The Board, consisting of Ron Koslowski, Chairman (resigned March 9, 2001); John Barbee, Vice Chair; Lonnie Berry; Alan Cook; James McCormick; Arlene Ozburn; Richard Tracy and Ray Cottini (appointed January 17, 2001) have done an exemplary job. It is through their hard work and dedication to the Town of Oro Valley that consensus has been met on the recommended Performance Standards and Criteria for Emergency and Non- Emergency Services. The Fire Advisory Board has accomplished the Scope of Work that was clarified at the February 22, 2001 Joint Study Session, thus completing their assigned tasks. RECOMMENDATION: It is the recommendation of staff that the term of the Fire Advisory Board not be extended. We suggest that the names of those members who have expressed a desire to further assist be kept on file for future consideration if Council establishes a board for advisory work. This will not require the Board to be on "hiatus" while the staff evaluates the standards and their related costs. SUGGESTED MOTION: I move not to extend the term of the Fire Advisory Board and direct staff to establish a file for consideration of those members who expressed a desire to further assist in future advisory work for the Town of Oro Valley. jea...„19„)). Dep ent Head Town Manager LONNIE L. BERRY • -_- 9960 N. Laurelwood Dr. Tucson AZ. 85737 Home Phone 520 219 1796 Email lberry7@aol.com April 05, 2001 The Honorable Mayor Paul H. Loomis Esteemed members of Town Council Town of Oro Valley 11000N. La Canada Dr. Oro Valley AZ 85737 Dear Mayor and Council: May this letter serve as my written request to continue my service to the Town of Oro Valley as a member of the Fire Advisory Board. I would be honored to continue my service in this capacity peradventure you would see fit to continue my apointment, or to reappoint as the case may be, to this position. Respectfully submitted, • DISTRIBUTED 10: Lonnie L. Berry Fire Advisory Board Member — 1 :L:MAYOT37---)215, TOWN MANAGER 0 FILE VLCOUNCIL LLB:llb p COPT HEADS 0 ETHER c-�''1 c� r March 30, 2001 Mayor Loomis and Town Council Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 Dear Mayor and Council I am interested in continuing my service to the Town of Oro Valley as a member of the Fire Advisory Board. Please accept this letter and extend me the honor to serve the Town in this capacity. Sincerely (14 Al Cook if Fire Advisory Board Member AC:bdl DISTRIBUTED TO: MAYOR 04 TOWN MANAGER [� FILE E -COUNCIL Ed DEPT HEADS OTHER March 30, 2001 Mayor Loomis and Town Council Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 Dear Mayor and Council I am interested in continuing my service to the Town of Oro Valley as a member of the Fire Advisory Board. Please accept this letter and extend me the honor to serve the Town in this capacity. Sincer� R. Cottini Fire Advisory Board Member RC:bdl DISTRIBUTED TO: ia MAYOR ,bTOWN MANAGER � FILA I-COUNCIL xo DEPT HERDS C�' OTHER March 30, 2001 Mayor Loomis and Town Council Town of Oro Valley ]1000 N. La Canada Drive Oro Valley, AZ 85737 Dear Mayor and Council I am interested in continuing my service to the Town of Oro Valley as a member of the Fire Advisory Board. Please accept this letter and extend me the honor to serve the Town in this capacity. Sincerely r aures McCormick ire Advisory Board Member JM:bdl DISTRIBUTED TO: MAYOR OL TOWN MANAGER FILE 1,5LCOUNCIL DEPT HEADS 0 ETHER March .-)nn-. sZA-Pv; . . Vizyor Loomis an-d- Imn.CaJacil 7errsafr. -Vitt •„ra i 167 Awl IQ .p .,.•Al A ia" Oro Valley, A? 85737 DL Mawn:vd C in-PA err, 5g.tryir. tr,The'I rn-yr rt.f Orn VATk?n n menip - of th.P. AtiviAnry Bard Ph tage thiy.lever-2iiii. etae/mi me the hom ii'serve the.'Fawn in tt.6 r.sar.acins Si nr3",rtlY ir • 1 I1; f fIi I t:54t;AaA-JL----kk,) A r V.r.w°Atm n Fire Advisory Board Megmb . . . . AC) bdl DISTRIBUTED -I-3: a MAYOR Atii TOWN MANAGER 0 FILE Ca:COUNCIL DEPT HEADS 0 OTHER Ch KCV Ed WdE0:6E TOW Ljcie E2SK,1 sasi-+ : Th Xt ad:A 14/I ri