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**AMENDED (7/14/00, 4:30 PM) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION JULY 19, 2000 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 6:00 PM Pursuant to ARS 38-431.03(A)(3) Legal Advice relating to OV12-99-18 Naranja Ridge Estates Preliminary Plat (Wong property) 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 — May 31, June 7, 14, 2000 B. Resolution No. (R)00-74 Authorization of the execution of an Intergovernmental Agreement between the City of Tucson and the Town of Oro Valley for Mass Transit and Paratransit Services (ADA Eligibility Determinations) to the Town of Oro Valley 7/19/00 Agenda. Council Regular Session 2 C. **Resolution No. (R)00- Acceptance of a Settlement Agreement between the Town of Oro Valley, El Conquistador Country Club and the Canada Verde Luxury Developments, LLC for drainage improvements 2. PUBLIC HEARING — RESOLUTION NO. (R)00-75 A RESOLUTION OF THE TOWN OF ORO VALLEY FOR THE ADOPTION OF THE BUDGET FOR FISCAL YEAR 2000-2001 3. PUBLIC HEARING REQUEST FOR APPROVAL OF APPLICATION OF SERIES 10 (BEER & WINE) LIQUOR LICENSE FOR MINIT MARKET, LOCATED AT 1171 E. RANCHO VISTOSO BOULEVARD 4. PUBLIC HEARING — ORDINANCE NO. (0)00-25 OV8-00-04 CONDITIONAL USE PERMIT TO SERVE ALCOHOLIC BEVERAGES WITHIN THE ROONEY RANCH RETAIL CENTER FOR A FUTURE RESTAURANT KNOWN AS RISKY BUSINESS TO BE LOCATED AT 10515 N. ORACLE ROAD, SUITE 185 5. PUBLIC HEARING REQUEST FOR APPROVAL OF APPLICATION OF SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR RISKY BUSINESS RESTAURANT TO BE LOCATED AT 10515 N. ORACLE ROAD, SUITE 185 6. PUBLIC HEARING — RESOLUTION NO. (R)00-76 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA TO INCREASE WATER RATES FOR THE ORO VALLEY WATER UTILITY 7. AWARD OF PROPOSAL FOR THE PUBLICATION OF THE ORO VALLEY TOWN PAGE (CONTINUED FROM JUNE 21, 2000) 8. OV12-99-18 NARANJA RIDGE ESTATES PRELIMINARY PLAT, LOCATED ADJACENT TO THE EAST SIDE OF MONTE DEL ORO SUBDIVISION AND ABUTTING THE SOUTH SIDE OF NARANJA ROAD, BETWEEN LA CANADA DRIVE AND NORTH FIRST AVENUE (CONTINUED FROM JUNE 21, 2000) 9. RESOLUTION NO. (R)00-77 DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "CHAPTER 3, ADMINISTRATION, OF THE CODE OF THE TOWN OF ORO VALLEY 10. RESOLUTION NO. (R)00-78 DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "1997 UNIFORM ADMINISTRATIVE CODE", AND DECLARING AN EMERGENCY 7/19/00 Agenda, Council Regular Session 3 11. **STORAGE USA PUBLIC ART PROJECT 12. **RECONSIDERATION OF OV12-00-05 RANCHO VISTOSO NEIGHBORHOOD 7 PARCEL A, PRELIMINARY PLAT (located adjacent to Moore Road, west of Highlands Wash and east of Vistoso Ridge) TOWN MANAGER'S REPORT ENGINEER'S REPORT FINANCE DIRECTOR'S REPORT COMMUNITY DEVELOPMENT DIRECTOR'S REPORT POLICE CHIEF'S REPORT WATER UTILITY DIRECTOR'S REPORT COUNCIL COMMITTEE REPORTS 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: 07/07/00 REPOSTED: 07/14/00 4:30 PM 4:30 PM LH 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 8:30 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, lease notify Y Kathryn Cuvelier, Town Clerk, at 229-4700. 7/19/00 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, p lease complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during g "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issueY ou wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION JULY 19, 2000 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 6:00 PM Pursuant to ARS 38-431.03(A)(3) Legal Advice relating to OV12-99-18 Naranja Ridge Estates Preliminary Plat (Wong property) 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 — May 31, June 7, 14, 2000 B. Resolution No. (R)00-74 Authorization of the execution of an Intergovernmental Agreement between the City of Tucson and the Town of Oro Valley for Mass Transit and Paratransit Services (ADA Eligibility Determinations) to the Town of Oro Valley 7/19/00 Agenda, Council Regular Session 2 2. PUBLIC HEARING - RESOLUTION NO. (R)00-75 A RESOLUTION OF THE TOWN OF ORO VALLEY FOR THE ADOPTION OF THE BUDGET FOR FISCAL YEAR 2000-2001 3. PUBLIC HEARING REQUEST FOR APPROVAL OF APPLICATION OF SERIES 10 (BEER & WINE) LIQUOR LICENSE FOR MINIT MARKET, LOCATED AT 1171 E. RANCHO VISTOSO BOULEVARD 4. PUBLIC HEARING - ORDINANCE NO. (0)00-25 OV8-00-04 CONDITIONAL USE PERMIT TO SERVE ALCOHOLIC BEVERAGES WITHIN THE ROONEY RANCH RETAIL CENTER FOR A FUTURE RESTAURANT KNOWN AS RISKY BUSINESS TO BE LOCATED AT 10515 N. ORACLE ROAD, SUITE 185 5. PUBLIC HEARING REQUEST FOR APPROVAL OF APPLICATION OF SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR RISKY BUSINESS RESTAURANT TO BE LOCATED AT 10515 N. ORACLE ROAD, SUITE 185 6. PUBLIC HEARING - RESOLUTION NO. (R)00-76 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA TO INCREASE WATER RATES FOR THE ORO VALLEY WATER UTILITY 7. AWARD OF PROPOSAL FOR THE PUBLICATION OF THE ORO VALLEY TOWN PAGE (CONTINUED FROM JUNE 21, 2000) 8. OV12-99-18 NARANJA RIDGE ESTATES PRELIMINARY PLAT, LOCATED ADJACENT TO THE EAST SIDE OF MONTE DEL ORO SUBDIVISION AND ABUTTING THE SOUTH SIDE OF NARANJA ROAD, BETWEEN LA CANADA DRIVE AND NORTH FIRST AVENUE (CONTINUED FROM JUNE 21, 2000) 9. RESOLUTION NO. (R)00-77 DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "CHAPTER 3, ADMINISTRATION, OF THE CODE OF THE TOWN OF ORO VALLEY 10. RESOLUTION NO. (R)00-78 DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "1997 UNIFORM ADMINISTRATIVE CODE", AND DECLARING AN EMERGENCY 7/19/00 Agenda, Council Regular Session 3 TOWN MANAGER'S REPORT ENGINEER'S REPORT FINANCE DIRECTOR'S REPORT COMMUNITY DEVELOPMENT DIRECTOR'S REPORT POLICE CHIEF'S REPORT WATER UTILITY DIRECTOR'S REPORT COUNCIL COMMITTEE REPORTS 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: 07/07/00 4:30 PM 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 8:30 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. 7/19/00 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. A MINUTES ORO VALLEY TOWN COUNCIL SPECIAL SESSION AND JOINT STUDY SESSION WITH THE ORO VALLEY WATER UTILITY COMMISSION MAY 31, 2000 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE SPECIAL SESSION CALL TO ORDER 6:42 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Fran LaSala, Council Member ABSENT: Paul Parisi, Council Member Wayne Bryant, Council Member SWEARING-IN CEREMONY OF COUNCIL MEMBER DICK JOHNSON Deputy Town Clerk Roxana Garrity swore in Council Member Dick Johnson. Council Member Johnson thanked the community for their support during the election campaign. He stated that he was looking forward to serving all the citizens of Oro Valley over the next four years. 1. RESOLUTION NO. (R)00-49 DISCUSSION, CONSIDERATION AND POSSIBLE CONSENT TO THE NEW ATTEMPT TO INCORPORATE THE VILLAGE OF CASAS ADOBES (Prospective only) Town Attorney Dan Dudley reviewed the Council Communication and explained that Casas Adobes has approached the Town of Oro Valley requesting consent to a renewed incorporation effort. He explained that Casas Adobes' purported borders are within six miles of the surrounding towns. Therefore, pursuant to State law, Casas Adobes is required to receive prior consent from Oro Valley along with approval from the Town of Marana and the City of Tucson for their incorporation effort. Mr. Dudley reviewed the background on the incorporation efforts of Casas Adobes. He then explained that the new attempt by Casas Adobes is before Council for their consideration of a resolution that would consent to Casas Adobes' new attempt to incorporate. MOTION: Vice Mayor Johnson MOVED to ADOPT the substituted Resolution (R)00- 49, granting permission to the Village of Casas Adobes to incorporate. Council Member LaSala SECONDED the motion. Motion carried, 3 —0. ADJOURN SPECIAL SESSION MOTION: Council Member LaSala MOVED to adjourn the Special Session at 7:55 p.m. Vice Mayor Johnson SECONDED the motion. Motion carried, 3 —0. 5/31/00 Minutes, Special & Study Session 2 STUDY SESSION CALL TO ORDER— 7:01 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Fran LaSala, Council Member ABSENT: Paul Parisi, Council Member Wayne Bryant, Council Member WATER UTILITY COMMISSION PRESENT: Leo Leonhart Laquita Stec Nicholas Vale ABSENT: John Dohogne Mike Caparaso Carle Staub Jennifer Gillaspie 1. REVIEW OF ANNUAL WATER REPORT Interim Water Utility Director Shirley Seng reported that the 2000 Annual Water Report was accepted by Mayor and Council at their regular meeting on May 17, 2000. The report provides a brief overview of the implementation of the 1999 recommendations and a discussion of the Water Commission's recommendations for fiscal year 2000/2001. Ms. Seng stated that the Commission has requested the study session with Council to discuss the proposed revenue increase for the upcoming fiscal year. She explained that projected revenues and expenses have been analyzed for the next five years. Based on the analysis, the Commission has recommended a 6.74% revenue increase for fiscal year 2000/2001 and has projected 7% increases for the next four years. Ms. Seng explained that the projected 6.74% revenue increase for 2000/2001 could be achieved in four ways: • Equalizing the base rate for all customers classes to $11.25 per month • Increase the first tier commodity rate by 5 cents to $1.78 per 1,000 gallons but reducing the existing threshold from 10,000 to 8,000g allons • Increasing the second tier commodity rate by 23 cents to $2.08 per 1,000 gallons, establishing the threshold between 8,000 and 16,000 gallons • Establishing a third tier commodity rate at 23 cents higher than the existing second tier rate at $2.31 per 1,000 gallons for any usage in excess of 16,000 gallons These thresholds would apply to customers that have a 5/8 inch by 3/4 inch meter which is approximately 95% of the total customer base. Other thresholds were changed based on the size of the meter and the average water consumption for that meter size. Ms. Seng further explained that the actual rate increase for individual customers would depend on their actual water usage. The average increase would be 3.4% to 4.1%. The 5/31/00 Minutes, Special& Study Session 3 cost of service study prepared by the Ron Kozoman, consultant for the Water Utility, indicates that the Utility is currently realizing a negative three percent rate of return on the 5/8 by 3/4 meter class. By increasing the base rate, the Utility will continue to move toward full recovery of costs associated with providing water service to each customer regardless of the amount of water they use. She explained that by increasing the commodity rates and establishing a three-tier rate structure, the Utilitywould help encourage conservation. Discussion followed regarding the measurements of water level and declines, establishing procedures for measurements and samplings, further review of Alternative Water Resource Development Fees, Capital Improvements Plan for alternative water, rates for the wholesale customer (La Cholla Air Park), turf, golf course, school and town usage of reclaimed water. Mayor Loomis agreed that the rate structure proposed in the C-4 Rate Schedule was reasonable and would help bring about a positive income for the Water Utility. Ms. Seng reported that the Notice of Intent to Increase Water Rates would be before Council on June 7, 2000. WATER CONSERVATION PROGRAM Ms. Laquita Stec reviewed plans for the Conservation Program. She explained that some of the ideas for the program are: an annual membership in the WATER CASA (Water Conservation Alliance of Southern Arizona) which would help provide expertise in developing programs for the Town, newsletters in the water bills, puppet shows in the schools along with color books for the children, Home Audit kits, handouts at community programs and brochures. Other items are also being considered to help with the Town's effort to conserve water. Council Member LaSala suggested a mascot for the Conservation Program. In response to a comment from Vice Mayor Johnson, Ms. Stec and Mayor Loomis confirmed that WATER CASA coordinates with the entire region to promote the water g conservation efforts. Further discussion followed regarding funding for the Home Audit kits, the possibility of requiring insulation of hot water pipes (with the adoption of the new Building Codes for new construction), recommendations for outside irrigation leak detection and recommended watering depths. 2. BUDGET REVIEW: A. Review of Follow-up issues from 5/24/00 Budget Review Session was moved down on the agenda. The following budget items were reviewed with Mayor and Council: Water Utility Pages 444-480 5/31/00 Minutes, Special& Study Session 4 The Mayor recessed the meeting at 8:05 p.m. The meeting resumed at 8:10 p.m. Water Connection Fees Pages 481-489 Alternative Water Pages 490-494 Water Company Acquisition Pages 495-497 A. Review of Follow-up issues from 5/24/00 Budget Review Session Finance Director David Andrews reviewed a follow-up memorandum regarding issues from the May 24, 2000 Budget Review Session. He also reviewed a memorandum regarding the Town's budgetary policy regarding General Fund Contingency Policies (Balanced Budget and Contingency Reserves.) Mayor Loomis asked that staff project numbers for the change in state-shared revenues and sales tax revenues from this year (2000-2001) to next year (2001-2002.) Mayor Loomis recessed the meeting at 8:55 p.m. The meeting resumed at 9:10 p.m. Review of the following budget items continued: Library Construction (Moved up on agenda) Pages 401-404 Community Development Director Brent Sinclair reported that staff is looking into the possibility of an intergovernmental agreement (IGA) with Pima County for the use of Pima County Library Funds to help meet the operating expenses for the Town's new library. David Wald-Hopkins and Dave Burns, architects for the library project, presented an overview of the site plan and projected figures for the new library, Phases I and II. Ms. Jayne Kunnemeier, member of the Library Technical Committee, addressed the Council and reviewed statistics regarding recommended library sizes based on population. Discussion followed regarding additional site items that may be required for the library site: entries off La Canada Drive, Naranja Drive, and storm sewer extension. General Administration Pages 146-161 Dennis Weaver Pool Renovation Pages 382-385 Linda Vista Land Acquisition N/A Community Development Director Brent Sinclair reported that he was continuing negotiations with the property owner for the purchase of property for trail access at Linda Vista/Calle Loma Linda. Town Manager Chuck Sweet explained that the purchase of the property has not been included in the proposed budget. He recommended that if the Council supports the purchase p p ase of the property, that it be included in the General Fund Capital Outlay (page 151 of the proposed budget.) 5/31/00 Minutes, Special& Study Session 5 The following items were continued to the June 12, 2000 Study Session: Municipal Debt Service Pages 424-43 5 Oracle Road Improvement District Debt Service Fund Pages 436-440 Information Systems Pages 89-123 ADJOURNMENT MOTION: Council Member LaSala MOVED to adjourn at 10:10 p.m. Vice Mayor Johnson SECONDED the motion. Motion carried, 3 —0. Respectfully submitted, JL�..� Roxana Garrity, Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special/Study Session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 31st day of May, 2000. I further certify that the meetingduly was called and held and that a quorum was present. Dated this day of ,2000. Kathryn E. Cuvelier, CMC Town Clerk MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION 40dip JUNE 7, 2000 ORO VALLEY COUNCIL CHAMBERS 4/#441 11,000 N. LA CANADA DRIVE CEREMONIAL SWEARING IN CEREMONY OF NEW COUNCIL MEMBERS: BART ROCHMAN AND WERNER WOLFF Town Clerk Kathryn Cuvelier administered the Oath of Office to the newly elected council members: Bart Rochman and Werner Wolff (The Town Clerk officially swore in the new council members on Tuesday, June 6, 2000 at 4:30 p.m.) Council Member Wolff and Council Member Rochman thanked their families and the citizens of Oro Valley for their support during the campaign. They both stated that they would work hard for the Town and its citizens. REGULAR SESSION CALL TO ORDER 7:05 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Fran LaSala, Vice Mayor Bart Rochman, Council Member Werner Wolff, Council Member EXCUSED: Dick Johnson, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings and events. Mr. Sweet also announced that there would be a Ribbon Cutting Ceremony at the new CDO Riverfront Park on June 22nd at 6:00 p.m. CALL TO AUDIENCE Trindy LeForge, 1002 W. Wilkenson Drive. stated that the users of the Oro Valley trail system would be holding a"protest" ride on June 10th at 8:30 a.m. in order to shed light on the trail and open space issues throughout the Town. She also invited the Council to a trails update and press conference immediately following the ride. 06/07/00 Minutes, Council Regular Session 2 NOMINATION AND SELECTION OF VICE MAYOR MOTION: Council Member Rochman MOVED to NOMINATE Council Member LaSala to the position of Vice Mayor. Council Member Wolff SECONDED the motion. Motion carried, 4 — 0. 1. CONSENT AGENDA At the request of Vice Mayor LaSala, Mayor Loomis pulled Item J from the Consent Agenda. MOTION: Vice Mayor LaSala MOVED to APPROVE the Consent Agenda with the exception of Item J. Council Member Wolff SECONDED the motion. Motion carried, 4 —0. A. Minutes— 5/03/00 B. Finance Report for the Month ended April 30, 2000 C. Proclamation- Declaring June 16, 2000 as Travel & Tourism Day D. Resolution (R) 00-50 Authorizing and Approving a Contract with R.S. Engineering for Engineering Design and Construction Period Services for Rancho Vistoso Boulevard 16 Inch Transmission Main E. Resolution No. (R) 00-51 Intergovernmental Agreement Renewal for use of Multi-Agency Tri-Band Communication System F. Approving the award of a Contract for Telemetry Expansion 2000, Project No. W17-1700 to Alliance Service and Control Specialists, Inc. G. Resolution No. (R)00-52 Authorizing and Approving a Contract with Pavement Marking, Inc. for Annual Striping and Pavement Marking in the amount of$39,024.55 H. Resolution No. (R)00-53 Approving the renewal of an Intergovernmental Agreement between Pima County and Member Agencies of the High Intensity Drug Trafficking Area Program Drug Grant Agreement (HIDTA) I. Resolution (R) 00-54 Approving the placement of a stop sign on Stallard Place at Hanley Boulevard J. Resolution (R) 00-55 Awarding the contract for DPW # 99/00 06,Tangerine Road and First Avenue, Traffic Signal Installation, Striping and Roadway Widening (PULLED FOR DISCUSSION) K. Resolution No. (R)00-56 Declaring that provision within Title 3, Chapter 7, `Arizona Native Plants', Article 1, Section 3-916 as a Public Record (Save-a-Plant Program) L. OV12-97-17B Substitute Assurance Agreement between Insight Investment Co. and First American Title Insurance as Trustee of Copper Ridge II, Lots 11, 12, 16, 37, and 47 —68 M. OV 12-96-04B Rams Canyon Estates Lots 1 — 5 and Common Area A, Cottonwood Properties request for approval of Construction Bond In Lieu of Assurance Agreement 06/07/00 Minutes, Council Regular Session 3 N. 0V12-97-8A Vistoso Ridge Substitute Assurance Agreement Between Pulte and Lawyers Title as Trustee of Vistoso Ridge, Lots 36-121 and Common Areas A & B J. RESOLUTION (R) 00-55 AWARDING THE CONTRACT FOR DPW # 99/00 06,TANGERINE ROAD AND FIRST AVENUE, TRAFFIC SIGNAL INSTALLATION, STRIPING AND ROADWAY WIDENING In response to a question from Vice Mayor LaSala, Town Engineer Bill Jansen stated that he expected the traffic signal light installation to be completed in early October. MOTION: Vice Mayor LaSala MOVED to APPROVE Resolution (R)00-55. Council Member Wolff SECONDED the motion. Motion carried, 4 — 0. 2. PRESENTATION OF AWARDS FOR THE SPRING 2000 SEMESTER OF LEARNING EXCELLENCE AND PARENTING (LEAP) PROGRAM TO CANYON DEL ORO HIGH SCHOOL STUDENTS Town Manager Chuck Sweet reported that the Learning Excellence and Parenting (LEAP) Program recognizes Canyon del Oro High School students who have accepted the challenge to improve a specific academic performance, attendance and study habits while maintaining current levels in other subjects. Mayor Loomis, Canyon del Oro Assistant Principal Bob Wendell, and Mr. Bob Weede presented Certificates of Achievement and $50 Foothills Mall Gift Certificates to the following students: Elliott Hickey, Ryan Hoban, Stephanie Houston, and Kevin Krauss. Others receiving the Certificates but not present were: Richard Ballesteros, George Boulware, Kristan Earwood, Mark Griebel, William Langston and Michael Sepulveda. 3. CONSIDERATION AND POSSIBLE APPROVAL OF APPOINTMENTS TO THE BUDGET AND BOND COMMITTEE MOTION: Vice Mayor LaSala MOVED to APPOINT Jim Swan, Tom Polley, and Bob Schlichting to the Budget and Bond Committee. Council Member Wolff SECONDED the motion. Motion carried, 4— 0. 4. CONSIDERATION AND POSSIBLE APPROVAL OF APPOINTMENT TO TOWN OF ORO VALLEY MUNICIPAL PROPERTY CORPORATION BOARD OF DIRECTORS MOTION: Council Member Rochman MOVED to APPOINT Bob Horn to the Municipal Property Corporation Board of Directors. Council Member Wolff SECONDED the motion. Motion carried, 4 —0. Mayor Loomis recessed the meeting at 7:20 p.m. The meeting resumed at 7:30 p.m. 06/07/00 Minutes, Council Regular Session 4 5. PUBLIC HEARING-APPROVAL OF APPLICATION OF SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR CIEN ANOS MEXICAN GRILL, LOCATED AT 10325 N. LA CANADA DRIVE Town Clerk Kathryn Cuvelier reviewed the Council Communication regarding the request by Mr. Santiago Woolfolk for a liquor license for the Cien Anos Mexican Grill located at 10325 N. La Canada Drive. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Wolff MOVED to APPROVE the request for a Series 12 liquor license for Mr. Santiago Woolfolk at the Cien Afros Mexican Grill located at 10325 N. La Canada Drive. Council Member Rochman SECONDED the motion. Motion carried, 4 — 0. 6. PUBLIC HEARING — ORDINANCE NO. (0)00-16 OV13-00-05 AMENDMENT TO ORDINANCE NO. (0)99-59 REGARDING THE ROONEY RANCH COMPREHENSIVE SIGN PACKAGE PARCEL D (CONTINUED FROM MAY 3, 2000) Community Development Director Brent Sinclair reported that the Barclay Group has requested amendments to the Rooney Ranch Sign Package for Parcel D. He reviewed the four amendments under consideration: ■ Definition of Major Tenants ■ Federal Trademark Colors ■ Maximum Average Character Height ■ Method for Determining Area for Single-Faced Signs Mr. Sinclair stated that staff and the Development Review Board have studied the requested amendments and recommend acceptance of only the changes to Maximum Average Character Height and the Method for Determining Area for Single-Faced Signs. In response to a question from Council Member Rochman regarding the request for an increase in character height, Mr. Sinclair explained that the applicant felt that the increased size might possibly allow greater visibility of the signs from distances. In response to a question from Mayor Loomis, Mr. Sinclair stated that the Town's Sign Code does not currently address the "average height." David Jones, representing Barclay Group, stated that there is some confusion on calculating how the sign area is calculated so they would like to have that clarified for tenants. He also explained that they would like to utilize an average size verses a maximum average character height when a mix of capital and lower case letters are utilized on a sign. Mr. Jones also asked that the color of signage for major tenants be 06/07/00 Minutes, Council Regular Session 5 opened up to federally trademarked logo colors to provide a uniformity of display that is recognized nationally. Mayor Loomis opened the public hearing. Richard Feinberg, 1451 E. Triton Place, asked that Council reject the request to amend the Rooney Ranch Sign Package. He stated that every time a new retail store is built at Rooney Ranch, the applicant brings forth a new set of proposals, guidelines, amendments, etc. for bigger, brighter signs. He stated that the passage of any amendments may set a precedent for the new proposed shopping centers in the Town. He stated that signage is an important issue and the developers continually to challenge the Town's Sign Code. He said that the signage in the shopping centers reflects the artistic and aesthetic image of the community and the total vision of the Town's scenic corridor and asked that Council retain the attractiveness and uniqueness of the Town. Tom Bush, 11420 N. Skywire, stated that he agreed with Mr. Feinberg. He said that he loves Oro Valley and that past and present Councils have done a tremendous job to keep the Town warm and inviting. He expressed concern about stores that are already established in the Town and how they may feel if the Sign Code is changed to allow for bigger, brighter signs and logos. He asked that the Town keep its architectural design sound and not allow for bigger and brighter signs. Mayor Loomis closed the public hearing. Vice Mayor LaSala stated that the challenge was to work within the parameters already established for the Town. He stated that that if the developer cared about the town they were developing in, they would work with the town. He stated that he was tired of trying to accommodate the developers on the sign code issues. Council Member Rochman stated that he had no desire to discourage developments that were beneficial to Oro Valley, but he felt that the residents would like to maintain the attractiveness and uniqueness of the community. He stated that he felt the sign package was a good one and he thought it was detrimental to change the rules. Council Member Wolff stated that the increase of ten percent for the lettering would not make that much difference so he would not support that request. He stated that we have set a precedent by allowing Target and Home Depot to use their corporate colors, so he may be willing to support the change of PetSmart's sign color to red. Vice Mayor LaSala stated that Home Depot is not bound by the same sign package as the Rooney Ranch tenants. He stated that one needed to decide if the sign on the side of the buildings was for advertisement or identification. He did not see any compelling reason to change the entire sign code package for Rooney Ranch. MOTION: Vice Mayor LaSala MOVED to DENY Ordinance No. (0)00-16, OV 13-00- 05, amending Ordinance No. (0)99-59 finding that there are no compelling reasons to 06/07/00 Minutes, Council Regular Session 6 amend the current ordinance. Motion SECONDED by Mayor Loomis. Motion carried, 3 — 1 with Council Member Wolff voting against the denial. 7. PUBLIC HEARING ORDINANCE NO 00-18 AMENDING THE TOWN- WIDE ROADWAY DEVELOPMENT IMPACT FEE Town Engineer Bill Jansen reported that on May 22, 2000 a public hearing was held to receive public comment on the notice of intent to increase the Town-wide Roadway Development Impact Fees. He explained that the existing fee of$1,494 per equivalent dwelling unit was set in 1997. The recommended impact fee is $2,008 per equivalent dwelling unit which would be an increase of$514 over the 1997 fee. Mayor Loomis opened the public hearing. Steve Solomon, 12753 Walking Deer Place, stated that the roadway impact fee is from the philosophy that new development should pay for itself. He stated that when looking at statistics, not only is new development paying for itself, it is actually subsidizing the Town's general budget at about $3,400.00 per year per household. He questioned the entire basis for imposing this or other impact fees. Mayor Loomis closed the public hearing. MOTION: Council Member Rochman MOVED to APPROVE Ordinance No. (0)00-18 authorizing the increase to the Oro Valley Town-wide Roadway Development Impact Fee. Vice Mayor LaSala SECONDED the motion. AMENDMENT TO THE MOTION: Mayor Loomis asked to add the wording: "and to direct staff to initiate a more comprehensive study on impact of commercial and industrial development." Council Member Rochman and Vice Mayor LaSala agreed to the amendment. Mayor Loomis explained that construction fees are now paying less than thirty percent of the Town's budget. He stated that the direct impact that the developers are paying for as part of their subdivision, are the areas next to their subdivisions and those areas directly supported by those subdivisions. He stated that this impact fee is going to include the impact of the growth on the entire community, on the major roads and the additional trips on those roads. Motion carried, 4 — 0. Mayor Loomis recessed the meeting at 8:25 p.m. The meeting resumed at 8:35 p.m. 06/07/00 Minutes, Council Regular Session 7 8. RESOLUTION NO. (R)00-_57 ADOPTING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF TUCSON REGARDING WATER MATTERS Town Manager Chuck Sweet reported that several significant water issues have existed between the Town and the City of Tucson. The mutual water topics are: • Oro Valley effluent rights • Tucson water production facilities inside Oro Valley • Service area within and without Oro Valley town limits • CAP allocation rights • Northwest Area agreement issues He explained that the intent behind the proposed Memorandum of Understanding (MOU) with the City of Tucson, is to provide a document that identifies the important water issues that can be resolved by way of individual intergovernmental agreements between Oro Valley and Tucson. MOTION: Council Member Wolff MOVED to ADOPT Resolution No. (R))00-57 thereby entering into the Memorandum of Understanding between the Town of Oro Valley and the City of Tucson in an effort to resolve mutual water issues. Vice Mayor LaSala SECONDED the motion. Motion carried, 4 — 0. 9. RESOLUTION (R)00-58 PROVIDING NOTICE OF INTENT TO INCREASE WATER RATES AND FEES FOR THE ORO VALLEY WATER UTILITY Water Utility Director Alan Forrest reported that pursuant to Arizona Statutes, the Council must formally adopt the Notice of Intent to increase water rates. Resolution No. (R)00-58 provides said notice, provides that the Rate Report be made for public review, and sets the public hearing date for July 19, 2000. MOTION: Vice Mayor LaSala MOVED to APPROVE Resolution No. (R)00-58, providing Notice of Intent to Increase Water Rates and Fees for the Oro Valley Water Utility and establishing a public hearing on the matter for July 19, 2000. Council Member Wolff SECONDED the motion. Motion carried, 4 — 0. 10. CONSIDERATION OF A TRAILS TASK FORCE AS RECOMMENDED BY THE PARKS AND RECREATION ADVISORY BOARD Parks and Recreation Administrator Ainsley Reeder reported that the Parks and Recreation Advisory Board voted unanimously to recommend the formation of a Trails Task Force. Ms. Reeder introduced Mr. Joe Winfield, Landscape Architect for the Rivers, Trails, and Conservation Assistance Program for the National Parks Service and Ms. Karen Baker, Parks and Recreation Advisory Board Chair. 06/07/00 Minutes, Council Regular Session 8 Mr. Winfield stated that it was time to take a constructive, proactive stance on the trail issues in Oro Valley. He stated that his proposal to the Parks and Recreation Advisory Board was to establish an Oro Valley Trails Task Force to identify and clarify trail routes and establish trail construction standards, research land ownership, prioritize threatened trails or trails access and identify protection options, and evaluate other trail opportunities. Karen Baker explained that she worked on the Pima County Trails Master Plan. She stated that the Parks and Recreation Advisory Board is hoping to create a trail plan in Oro Valley that allows all citizens the ability to enjoy the outdoors, by linking the trails to a trail system that in turn, links to public lands. She stated that she strongly supports the formation of a Trails Task Force. She stated that this would be an opportunity to make Oro Valley a better place for its citizens. In response to a question from Mayor Loomis, Ms. Baker explained that the Pima County Trails Master Plan provides lines on a map, but they have not been "ground proofed." The trails are not vet signed and exactly identified. She stated that the lines on the map need to be refined to an exact place on the ground. In response to questions from Mayor Loomis, Mr. Winfield explained that there are monies available through federal grants. He explained that one specific grant known as the Challenge Cost Share Program has a deadline for submittal of March 1st of each year. He also stated that these require a match, whether by funds or in-kind services. He further explained that Arizona State Heritage Grant Program would be another source for funding. Mayor Loomis stated that he would like to establish the Task Force to work through and with the Parks and Recreation Advisory Board to establish a set of trail standards and trail routes, identify those pieces of property with respect to land ownership, prioritize their findings for threatened trials, with a time limit of providing a quarterly report back to Council through the Parks and Recreation Advisory Board and to give the Task Force one year to complete their work. The Task Force would then be dissolved depending on their recommendations. MOTION: Vice Mayor LaSala MOVED to establish the Trails Task Force to work through and with the Parks and Recreation Advisory Board to establish a set of trail standards and trail routes, identify those pieces of property with respect to land ownership, prioritize their findings for threatened trials and trail access and identify protection options, evaluate other trail opportunities, provide a quarterly report back to Council through the Parks and Recreation Advisory Board and to give the Task Force one year to complete their work. The Task Force would then be dissolved depending on their recommendations. Also, bring back costs and possible funding mechanisms to the Parks and Recreation Administrator in order to get it into the budget process. Council Member Rochman SECONDED the motion. Motion carried, 4—0. 06/07/00 Minutes, Council Regular Session 9 11. MASTER PLAN ALTERNATIVES FOR DENNIS WEAVER POOL (JEFF CHOW, EARL KAI CHANN ASSOCIATES, LTD.) Parks and Recreation Administrator Ainsley Reeder presented a brief overview of the steps taken to date for the renovation of Dennis Weaver Pool. An assessment of the extent and severity of the pool's problems, the scope of work required for renovation and cost estimates wereresented to Council on April 5t" byMr. Jeff Chow of Earl Kai p p Chann Associates, LTD. Ms. Reeder reported that staff and Mr. Chow have gathered public input and worked on developing a master plan for the pool renovation. Jeff Chow, Earl Kai Chann Associates, LTD, reviewed two Master Plan options for the Dennis Weaver Pool renovations. Option One would cost approximately $1,070,000.00 and Option Two would cost approximately $2,852,000.00. In response to questions from Council Member Rochman, Mr. Chow explained that the repairs would last as long as any new additions. He also explained that the length of time to complete the renovations in Option One would take about six months with Option Two taking a little over one year. It was the consensus of the Council that staff should continue looking at Option One. Ms. Reeder stated that staff would be presenting a proposal at the next Council meeting to extend the services of Earl Kai Chann and Associates. 12. PROPOSAL BY SWIM TUCSON FOUNDATION FOR THE DEVELOPMENT OF AN ADDITIONAL POOL AT DENNIS WEAVER PARK (CONTINUED FROM MAY 3, 2000) Community Development Director Brent Sinclair reported that the proposal for a secondary pool from the Swim Tucson Foundation was presented to the Parks and Recreation Advisory Board on June 5th. He explained that the Board and staff recommend denial citing reasons that Dennis Weaver Park is not the appropriate location for a secondary pooh the immediate impact on the budget would be approximately $45,000 for maintenance and operational costs alone, and it would add additional time onto the master plan and renovation of the existing pool. Mayor Loomis stated that the requirements for planning and construction for a secondary pool would push back the planned opening of Dennis Weaver Pool. He also stated that the proposal came in late in the budget cycle. Mayor Loomis asked that staff let Swim Tucson know that if they are interested, they could make future proposals to the Town. MOTION: Mayor Loomis MOVED to DENY the Swim Tucson Foundation's proposal to construct a second pool at Dennis Weaver Park. Council Member Wolff SECONDED the motion. Motion carried, 4 — 0. 06/07/00 Minutes, Council Regular Session i p 13. PUBLIC HEARING —ORDINANCE NO. (0)00-19 PROPOSED AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED, CHAPTER 4, AMENDING SECTION 4-504 (F) PUBLIC ART PROVISIONS. Community Development Director Brent Sinclair reported that Ordinance No. (0)00-19 would amend the Zoning Code and create a funding mechanism for public arts that the entire town could enjoy while leaving the bulk of the existing on-site requirements intact. Mr. Sinclair reviewed the proposed revisions: revision of Section 4-504 (F)(3)C, adding wording that allows the artist to display their name on a small plaque, expand the definition of Public Art to include facilities used by and for the public for the production and promotion of the arts, adding wording to further clarify and encourage coordinated art projects within commercial centers, and the establishment of a Public Arts Endowment Fund. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Vice Mayor LaSala MOVED to APPROVE Ordinance No. (0)00-19, adopting amendments to Chapter 4, Subdivision and Development Plans, Article 4-5 Development Plan. Section 4-504 Content. Identification and Description, amending Section 4-504 (F) Public Art Provisions as presented. Council Member Rochman SECONDED the motion. Motion carried. 4 —0. 14. PUBLIC HEARING — ORDINANCE NO. (0)00-20 PROPOSED AMENDMENTS TO THE ORO VALLEY TOWN CODE, CHAPTER 6, ARTICLE 6-1, ESTABLISHING A PUBLIC ARTS ENDOWMENT FUND Community Development Director Brent Sinclair reported that Ordinance No. (0)00-20 would create a Public Arts Endowment Fund. He explained that developers could opt to contribute their 1% for public art to the Endowment Fund. Other sources of revenue could be tax deductible gifts and contributions from individuals or group donors and grants from public entities and foundations that would like to support the arts in Oro Valley. Mr. Sinclair further explained that the performing arts as well as visual arts could be funded under the Endowment Fund. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Vice Mayor LaSala MOVED to APPROVE Ordinance No. (0)00-20 adopting amendments to the Oro Valley Town Code, Article 6 — 1. Council Member Rochman SECONDED the motion. Motion carried, 4— 0. 15. REQUEST FOR RECONSIDERATION OF CONDITIONS OF APPROVAL FOR OV12-00-03 RANCHO VISTOSO NEIGHBORHOOD 3, PHASE 1 PRELIMINARY BLOCK PLAT FOR LOTS ON EITHER SIDE OF 06/07/00 Minutes, Council Regular Session 11 THE COMMERCE LOOP ALIGNMENT SOUTH OF RANCHO VISTOSO BOULEVARD (FROM MAY 17, 2000) MOTION: Mayor Loomis MOVED to RECONSIDER OV12-00-03 and CONTINUE the item to the June 21st Council meeting. Council Member Wolff SECONDED the motion. Motion carried, 3 — 1, with Vice Mayor LaSala opposed. (Item #15 was reconsidered at the end of the meeting.) 16. RESOLUTION NO. (R)00- 59 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF TUCSON FOR PURCHASE OF WHOLESALE WATER DURING EMERGENCY SITUATIONS Town Manager Chuck Sweet explained that during a past emergency water situation, the Town of Oro Valley performed an interconnect with the City of Tucson's water system. He explained that an intergovernmental agreement does not currently exist between Oro Valley and Tucson which would detail arrangements between the two entities for such emergency situations. Mr. Sweet explained that Resolution No. (R)00-59 would provide for such an agreement. MOTION: Council Member Rochman MOVED to APPROVE Resolution No. (R)00-59 thereby entering into an intergovernmental agreement with the City of Tucson for the purchase of water during emergency situations and to direct staff to work on amendments to the agreement so that it would work both ways (the Town of Oro Valley would also support Tucson Water if they would ever have the need.) Vice Mayor LaSala SECONDED the motion. Motion carried, 4 — 0. 17. COUNTRYSIDE WATER SERVICE AREA WELL AND INTERCONNECTION STATUS REPORT Water Utility Director Alan Forrest presented a brief summary on the events that took place in the Countryside Water Service Area. ■ May 31st — Water well failed in Countryside Water Service Area and would take approximately 10 days to repair. Without capacity of well, peak demand could not be met and Tucson Water was contacted and with their cooperation, two temporary interconnections were established ■ June 1st— Press release issued and door hangars distributed to inform residents of incident and ask for help in water conservation ■ June 3rd — Water utility staff had water hauled from Marana's water system to the storage facility in Countryside to help alleviate the pressure problem. Staff began working on 8 inch interconnection with Tucson Water that would provide greater water pressure ■ June 6th —New interconnect established and provided a significant increase in pressure ■ To date — staff continues to work on the well and should have it ready for operation by June 12th 06/07/00 Minutes, Council Regular Session 12 Mayor Loomis complimented the Oro Valley Water Utility staff, the City of Tucson, the Town of Marana, and Westland Resources for their efforts and cooperation during the emergency water situation. MOTION: Vice Mayor LaSala MOVED to go into Executive Session at 10:02 p.m. Council Member Wolff SECONDED the motion. Motion carried, 4 — 0. MOTION: Vice Mayor LaSala MOVED to go back into the Regular Session to finish the remainder of the items on the Agenda. Council Member Rochman SECONDED the motion. Motion carried, 4 —0. CALL TO AUDIENCE—No speakers. TOWN MANAGER'S REPORT —No report. ENGINEER'S REPORT —No report. FINANCE DIRECTOR'S REPORT —No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Community Development Director Brent Sinclair reported that negotiations are going well on the Linda Vista/Calle Loma Linda Trail access. POLICE CHIEF'S REPORT —No report. WATER UTILITY DIRECTOR'S REPORT —No report. COUNCIL COMMITTEE REPORTS Vice Mayor LaSala reported that the Development Review Board interviews would be completed on June 8 h and the Planning and Zoning Commission interviews will be coming up. Mayor Loomis reported that the Pima Association of Governments (PAG) Census Closing Ceremony would be held on June 22nd. MOTION: A MOTION was made by Vice Mayor La Sala and SECONDED by Council Member Rochman to go into Executive Session at 10:03p.m. Motion carried, 4—0. Mayor Loomis announced that Appraiser George Garcia, Water Utility Director Alan Forrest and Water Utility Administrator Shirley Seng would be present for Executive Session Item 1. 06/07/00 Minutes, Council Regular Session 13 The Executive Session was called for the following purpose: 1. Pursuant to ARS 38-431.03 (A)(3) & (A)(7) Legal Advice relating to the acquisition of property relating to Countryside Water Service Area 2. Pursuant to ARS 38-431.03 (A)(3) & (A)(4) Legal Advice relating to litigation regarding Agrillo v. Town of Oro Valley Oro Valley U.S. District Court CV 96- 630 TUC MOTION: A MOTION was made by Vice Mayor LaSala and SECONDED by Council Member Wolff to go out of Executive Session at 10:45 p.m. Motion carried, 4— 0. 18. ACQUISITION OF REAL PROPERTY RELATING TO THE CONSTRUCTION OF A NEW 800,000 GALLON WATER RESERVOIR IN THE COUNTRYSIDE SERVICE AREA MOTION: Vice Mayor LaSala MOVED to DIRECT staff to continue negotiations with the Countryside Community Club Association as discussed in Executive Session. Council Member Wolff SECONDED the motion. Motion carried. 4 — 0. RECONSIDERATION OF AGENDA ITEM #15 MOTION: Council Member Wolff MOVED to RECONSIDER the action taken on Item #15. Council Member Rochman SECONDED the motion. Motion carried, 3 — 1 with Vice Mayor LaSala opposed. MOTION: Council Member Wolff MOVED to RECONSIDER Item #15 at the Special Council meeting on June 14, 2000. Council Member Rochman SECONDED the motion. Motion carried. 3 — 1 with Vice Mayor LaSala opposed. ADJOURNMENT MOTION: Vice Mayor LaSala MOVED to ADJOURN at 10:50 p.m. Council Member Wolff SECONDED the motion. Motion carried. 4 — 0. Respectfully submitted, � A Roxana Garrity, Deputy Town Clerk 06/07/00 Minutes, Council Regular Session 14 I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 7th day of June, 2000. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2000. Kathryn E. Cuvelier, CMC Town Clerk MINUTES i. ORO VALLEY TOWN COUNCIL ', SPECIAL/STUDY SESSION JUNE 14, 2000 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE SPECIAL SESSION CALL TO ORDER 6:40 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Fran LaSala, Vice Mayor Bart Rochman, Council Member Werner Wolff, Council Member EXCUSED: Dick Johnson, Council Member EXECUTIVE SESSION A MOTION was made by Vice Mayor LaSala to go into an Executive Session at 6:40 p.m. to obtain legal advice pursuant to ARS 38-431.03 regarding OV 12-00-03 Rancho Vistoso Neighborhood 3, Phase 1 Preliminary Block Plat. MOTION SECONDED by Council Member Wolff. MOTION carried 4 — 0. A MOTION was made to go out of Executive Session by Vice Mayor LaSala at 7:20 p.m. MOTION SECONDED by Council Member Wolff. MOTION carried 4— 0. Meeting resumed at 7:30 p.m. CONSIDERATION OF CONDITIONS OF APPROVAL FOR OV 12-00-03 RANCHO VISTOSO NEIGHBORHOOD 3, PHASE 1 PRELIMINARY BLOCK PLAT FOR LOTS ON EITHER SIDE OF THE COMMERCE LOOP ALIGNMENT SOUTH OF RANCHO VISTOSO BOULEVARD (PREVIOUSLY CONSIDERED ON MAY 17, 2000) Planning & Zoning Administrator Bryant Nodine stated Richard Maes of Vistoso Partners, LLC has submitted a letter requesting reconsideration of Condition 4b, which as amended by Council, states ``All of the southern area of Neighborhood 4, up to the proposed southern access, will be designated as open space in exchange for the open space encroachment in Phase I of Neighborhood 3." Mr. Nodine explained the rationale behind condition 4b as presented in the May 17`" Council report. He explained that the open space limits of the Rancho Vistoso PAD are based on riparian areas and steep slopes (over 25%). This plat delineates several areas where open space, regulated by the PAD, has been proposed for development. Because the open space boundaries on the PAD are approximate, it has been a practice of staff to allow encroachment in these areas as long as the applicant designates a developable area as open space in trade. The following criteria are used to evaluate a trade: 6/14/00 Minutes, Special& Study Session 2 • The trade should be at least 1:1 • The areas that are encroached upon should not include areas that meet the criteria in the PAD for inclusion as open space (significant vegetation or 25% or steeper slopes). • The trade must create meaningful open space that helps to improve the PAD and the community. r Mr. Nodine showed the location of the development and the developable areas. He stated an aerial photograph of Area A— mesquite bosque and Areas C & B are agricultural areas that have been disturbed in the past. He explained that Area A clearly meets the criteria used to evaluate trade areas. It has a much higher habitat value to the Town than the upland areas that are proposed for encroachment. Mr. Nodine stated that the trade area designated by the Council includes Area A, B and C. Area B (3.0 acres) is an area that has been disturbed for agriculture adjacent to Oracle Road; Area C, also disturbed for agriculture, is 2.8 acres on the south side of the proposed entry to the development. Overall, the applicant proposes to encroach into 9.4 acres of open space in Phase I of Neighborhood 3, but with areas deleted from encroachment by condition 4d of Exhibit A. With areas provided as trade in Neighborhood 3, there are 8.2 acres of trade area still to be provided. To meet this condition, Rancho Vistoso proposes to designate the same amount of developable area at the southern tip of Neighborhood 4 (a portion of Area A) as open space. Mr. Nodine recommended that condition 4b be amended as follows: "The entire mesquite bosque in Neighborhood 4 will be designated as the open space in trade for encroachment in Phase 1 of Neighborhood 3. (Area A). The remainder of the developable areas east of the mesquite bosque in Neighborhood 4 Parcel E up to 250' (Area B) from the proposed southern access, will be designated as the primary receipt area for any additional open space encroachment in Neighborhood 3 and 4." In response to a question by Vice Mayor LaSala, Town Attorney Dan Dudley stated that a letter was received today at 3:44 p.m. He stated this letter was received by fax from the Law Firm of Kennedy & Gallagher, Attorneys for Vistoso Partners, setting out their legal position for this plat and land trade. In response to a question by Vice Mayor LaSala, Mr. Dudley stated that the entire plat is under consideration. MOTION: Vice Mayor LaSala MOVED to continue this item until June 21, 2000 based on the fact that information was received late in the day and no one has had a chance to review and discuss with staff MOTION seconded by Mayor Loomis. Mayor Loomis stated he agreed to continue this item due to the additional information that has been received at the last minute, and that there are some additional questions that need to be addressed. Mr. LaSala stated he was ready to make a decision this evening, until the additional document was received at the last minute. MOTION carried 3 to 1 with Council Member Wolff opposed. 6/14/00 Minutes, Special & Study Session 3 ADJOURNMENT A MOTION was made by Vice Mayor LaSala to adjourn the special session at 8:15 p.m. MOTION carried 4- 0. STUDY SESSION CALL TO ORDER: 8:20 p.m. PRESENT: Paul Loomis, Mayor Fran LaSala, Vice Mayor Bart Rochman, Council Member Werner Wolff, Council Member EXCUSED: Dick Johnson, Council Member DISCUSSION REGARDING 2000 INTERNATIONAL BUILDING CODES AND FEE SCHEDULES —TERRY VOSLER, BUILDING ADMINISTRATOR Building Safety Administrator Terry Vosler explained that the Model Codes will no longer be published and are being replaced by the body of codes call the International Codes. He explained that the development of the International Codes has been taking place for the past 5 years and has been a national effort to provide one set of model codes to be used throughout the country. He stated that it is the intent of the building departments within the Greater Tucson area, to adopt the 2000 International Codes within the same time frame in the interest of uniformity in codes used and enforced in this region. Mr. Vosler stated that the adoption of the 1997 Uniform Administrative Code provides the Town with updated fee tables for all construction permits. Currently, the Building Safety Division is using the fee schedules out of the 1991 Uniform Building Code. The fees assessed in the UBC are based from total construction cost of the project. He explained that the construction cost is determined from a table entitled "Building Valuation Data" contained within the Building Standard Magazine published by ICBO. Mr. Vosler made the following points: • The Table the Building Safety Division is using is from a January 1986 edition of building standards. • The fee schedule in the 1991 UBC is the same fee schedule as in the 1985 UBC. • The 1986 "Building Valuation Data" table is not current with today's valuations for the cost of construction. • Cost of living adjustments have not been made in the Building Safety fee schedules for 15 1/2 years. • The cost of all other fees, services and products have increased with inflation. • The fee increase using the 1997 UAC, would result in an increase of$584.51 in building permit and plan review fees for a $100,000 home, $757.63 for a $150,000 home and $1004.26 for a $250,000 home. • The 1997 UAC fee schedules are the same fee schedules used by the City of Tucson. • Pima County is planning on adopting the 1997 UAC fee schedules with the adoption of the "I" Codes. 6/14/00 Minutes. Special& Study Session 4 • The Towns of Marana and Sahuarita will be requesting their Councils to adopt the 1997 UAC fee schedules. • The plan review fee for the review of model homes constructed from approved model plans is proposed to be increased from $10.00 per model home to $70.00 Mr. Vosler stated if the new fee schedule is adopted, projected revenues for building safety will increase by $684,000. In response to a question by Mayor Loomis, Mr. Vosler recommended that the fee schedule start with the 1997 Administrative Code and then adjust for inflation annually thereafter. He pointed out that the other jurisdictions will be doing the same. STREET IMPROVEMENT PROJECTS Town Engineer Bill Jansen reviewed street improvement projects, the source of funding for the projects and the major street improvement projects that are currently underway or in the planning and concept phase. WATER INFRASTRUCTURE IMPROVEMENTS Water Utility Director Alan Forrest reviewed a table showing the breakdown of water infrastructure improvements identified within next year's proposed budget that include wells, reservoirs, booster stations, transmission mains, fire hydrants and telemetry equipment. Mr. Forrest explained the differences in regulations that municipal water companies must comply with vs. private water companies. HISTORICAL PERSPECTIVE —NARANJA STATE LAND SITE Town Manager Chuck Sweet explained the historical timeline of the events that have followed regarding the possible purchase of 173 acres of state land located between Naranja and Tangerine Road. He explained that this property was identified in 1994 in the Town's Parks Open Space & Trails Master Plan as a potential site available for a regional park facility that could address the demands of the citizens of Oro Valley. Mr. Sweet explained the field work and surveys that have transpired on the site to ensure that the site is in an environmentally safe condition. 2000/2001 TENTATIVE BUDGET— DISCUSSION Finance Director David Andrews explained that once the Town Council adopts the tentative budget and the expenditure limitation is set, expenditures may not be increased. He explained that the Town goes to the voters every 4 years to receive permission to set our Local Alternative Expenditure Limitation. Mr. Andrews reviewed the budget status as of June 14, 2000 and summarized some changes in expenditures and revenues. M 6/14/00 Minutes, Special & Study Session 5 Town Manager Chuck Sweet reviewed a follow-up memorandum addressing issues raised during the June 12t1 budget session regarding: • Debt Service Payments for Library Construction (15,000 sq. ft./no shell) and Naranja r State Land. • Oracle Road Improvement District. • Linda Vista Trail Acquisition— Funding from Users. • Funding for General Plan Update • Ballot Initiative to eliminate State Income Taxes (Mr. Sweet distributed a memorandum to Mayor and Council explaining the proposed State Initiative). • Amount of General Fund Loan to Water Connection Fees fund. • Library Construction. • Funding Status of Pima County regarding $2M commitment for Library Construction. • Additional Funding for GIS Training. • Voluntary reduction in budgets by department heads. • FOP Wage and Benefit Proposal. • 5% COLA for all town employees. • Health Insurance Premiums. • Parks & Recreation— FY 1999/2000 CIP Carryforward Items. Human Resources Director Jeff Grant explained his memorandum regarding costs for the Town's Health Benefits for next year. ADJOURNMENT A MOTION was made by Vice Mayor LaSala to adjourn the study session at 10:00 p.m. MOTION SECONDED by Council Member Wolff. MOTION carried 4 — 0. Respectfully submitted, /*/(__ C'-6:44,-<:L(e„._ • Kathryn E. Cuvelier, CMC Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special/study session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 14th day of June, 2000. I further certify that the meeting was duly called and held and that a quorum was present. Dated this I 3 day of J46 , 2000. (7,, "----L, ' ''6-64-J,(-4,,,' Kathryn . Cuvelier, CMC Town Clerk TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: July 19,2000 TO: HONORABLE MAYOR& COUNCIL FROM: John Zukas, Transit Services Administrator SUBJ: Resolution Number (R)00-74, Authorization of the Execution of an Intergovernmental Agreement between the City of Tucson and the Town of Oro Valley for Mass Transit and Paratransit Services (ADA Eligibility Determinations) to the Town of Oro Valley. SUMMARY: The Town of Oro Valley and Pima County partner to subsidize the SunTran Route 16 to the Town of Oro Valley. Via two separate Intergovernmental Agreements, the Town of Oro Valley subsidizes two (2) round trips per weekday, while Pima County subsidizes the remaining three (3). The route provides the Town residents with five (5) round trips per weekday to and from the Tucson metropolitan area. The route is along Oracle Road from Magee Road to Honeywell Inc. The Federal Transit Administration does not provide operating assistance for "urbanized areas" greater than 200,000 in population. However, this fiscal year the approximate cost has actually decreased by $932, due to the Federal Transit Administration allowing the capitalization of certain items used by SunTran (tires and other contracted preventative maintenance). The cost of the service is approximately $11,987 (two fifths of the total expenditure). Based on previous transit studies for Route 16 (along Oracle Road from Magee Road to Honeywell Inc.), it was thought that transit ridership on Route 16 would probably remain flat until significant service is improved. This has not been the case. Most recently, ridership on Route 16 was studied by Town staff during April 2000. The results from this study indicate a notable increase in ridership. Based upon ridership counts taken at Oracle/Magee and Honeywell Inc., during April 2000, an average of 9.6 passengers per trip were northbound and 10.4 passengers per trip were southbound. The increase in ridership could indicate changes in employment levels at Honeywell Inc. during the study period, sharp increase in gasoline prices during the study period and/or increase in economic development along Oracle Road (within the study area). Ridership a year ago was approximately '/2 of what it was most recently. The Intergovernmental Agreement also includes certifications for those eligible under the Americans with Disabilities Act(ADA) of 1991. The cost is estimated at- $2,500 for fiscal year 2000-2001. The Intergovernmental Agreement before you this evening is for a three-year period from July 1, 2000 through June 30, 2003. This Intergovernmental Agreement will be subject to annual review and negotiation after budget appropriations by both parties. This process requires the approval of the Managers of the Town of Oro Valley and the City of Tucson. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2of 2 ATTACHMENTS: 1) Three (3) copies of the IGA between the City of Tucson and the Town of Oro Valley, for the provision of mass transit and paratransit services (ADA eligibility determinations). 2) Three (3) copies of Intergovernmental Agreement Appendix A 3) Three (3) copies of Intergovernmental Agreement Appendix B RECOMMENDATIONS: It would be the recommendation of the Transit Services Administrator to approve Resolution Number (R) 00- 74 , thus executing the Inter2overnmental Agreement between the City of Tucson and the Town of Oro Valley for Mass Transit and Paratransit Services (ADA eligibility determinations). FISCAL IMPACT: Approximately $11,987 for mass transit services and approximately $2,500 for ADA eligibility determinations, via the Local Transportation Assistance Funds (LTAF) or HB 2565(State Shared Revenue Generated from Vehicle License Taxes). SUGGESTED MOTION: I make a motion to approve Resolution Na (R)00- 74 , Authorizing of the Execution of an Intergovernmental Agreement between the City of Tucson and the Town of Oro Valley for mass transit and paratransit services (ADA eligibility determinations). OR I make a motion to deny Resolution No. (R)00- 74 , Authorizing of the Execution of an Intergovernmental Agreement between the City of Tucson and the Town of Oro Valley for mass transit and paratransit services (ADA eligibility determinations). _rlG.1'K/ Transit Ser ices • .ministrator Public Works Director own Manage RESOLUTION NO. (R) 00-74 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE CITY OF TUCSON FOR THE PROVISION OF MASS TRANSIT AND PARA- TRANSIT SERVICES TO THE TOWN. WHEREAS, pursuant to ARS § 11-952, the Town of Oro Valley is authorized to enter into an Intergovernmental Agreement for joint and cooperative action with City of Tucson; and WHEREAS, the Town is desirous to enter into this Intergovernmental Agreement to collaborate with SunTran, an agent of the City, to continue the provision of mass transit and para-transit services to the Town along Oracle Road from Magee Road to Honeywell, Inc. (Oracle Road corridor); and WHEREAS, mass transit is defined to mean regularly scheduled bus service, on routes as set forth in Appendix"A" of the Intergovernmental Agreement, and para-transit service is defined to mean services including Americans with Disabilities Act of 1991 (ADA) eligibility determinations; and WHEREAS, by and through separate Intergovernmental Agreements, the Town shall subsidize two (2) round trips per weekday and, by separate Agreement, Pima County shall subsidize three (3) trips; and WHEREAS, the City shall continue to provide an extension of mass transit service along Route 16 (Oracle Road corridor) for a three-year period from July 1, 2000, through June 30, 2000, subject to annual reviews and re-negotiations; and WHEREAS, it is the intent of the Town and the City to continue mass transit service and para-transit services and it is in the best interest of the Town to enter into the Intergovernmental Agreement with the City in order to provide these services to the Town via SunTran Route 16 along Oracle Road from Magee Road to Honeywell, Inc. (Oracle Road corridor). NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Intergovernmental Agreement, attached hereto as Exhibit "A" and incorporated herein by this reference, by and between the Town of Oro Valley and the City of Tucson for the continued provision of mass transit service and para-transit service to the Town via SunTran Route 16 along Oracle Road from Magee Road to Honeywell, Inc. (Oracle Road corridor), effective from July 1, 2000 through June 30, 2003, is hereby approved. SunTran IGA Office of the Oro Valley Town Attorney/SIB 6.30.2000 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 19th day of July, 2000. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: AD, Dan L. Dudley, Town Attorney SunTran IGA Office of the Oro Valley Town Attorney/SIB 6.30.2000 EXHIBIT A INTERGOVERNMENTAL AGREEMENT SunTran IGA Office of the Oro Valley Town Attorney/SIB 6.30.2000 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF ORO VALLEY FOR PROVISION OF MASS TRANSIT AND PARA-TRANSIT SERVICES NOW, THEREFORE, the City of Tucson, hereinafter referred to as the "City," and the Town of Oro Valley, hereinafter referred to as "Oro Valley" pursuant to the provisions of A.R.S. 11-951, et. seq., do hereby enter into the following Intergovernmental Agreement in order to provide mass transit service by the City to areas in Oro Valley as set forth in Appendix "A," attached hereto and incorporated by reference and made a part of this Agreement. 1. That the City through its Department of Transportation and agents of the City and Sun Tran, acting as its agent, undertakes, during the period of this Agreement, to provide mass transportation services to areas in Oro Valley specifically set forth in Appendix "A." 2. That for the purpose of this Agreement, the definition of mass transit shall mean regularly scheduled bus service on routes set forth in Appendix "A." 3. (A) The parties stipulate and agree that each party is performing its duties hereunder as an Independent Contractor and not as an agent or employee of the other party supplying its own employees, and maintaining its own insurance, and handling all of its own internal accounting. The parties in no way control, direct, or have any direct responsibility for the p y actions of the other parties. (B) Each of the parties shall further be responsible for compliance with the Untied States Immigration Reform and Control Act of 1986, and shall indemnify and hold harmless the other party for any liability arising from any failure of that party to comply with said act. Said indemnification to include the costs of suit. (C) Further, each of the parties shall be responsible for compliance with the Americans With Disabilities Act of 1991 and shall indemnify and hold harmless the other party for any liability arising from any failure of that party to comply with the said act. Said indemnification to include the costs of suit. 4. Oro Valley and the City agree to indemnify and hold harmless each other and any of their agents and employees from any and all liability to, or claims by, third persons which are caused by or attributed solely to the other party's agents or employees. The parties further mutually agree they will pay for any costs, attorney's fees or any expenses whatsoever, which shall be incurred as a result of any such claims, whether or not legal action has been filed as a result of third-party claims caused by or attributed solely to the party, or their agents, officers or employees. 5. In no event will the parties to this agreement be liable for any consequential damages or other costs or expenses resulting from any act or omission of either party or its agents or employees under this agreement. 1 6. The City and Oro Valley agree on the route or routes, schedules and mileage to be provided by the City to Oro Valley as set forth in Appendix "A." 7. Modifications of routes and schedules will normally be made at quarterly schedule changes through mutual approval of the City and Town Manager, in writing, following ninety (90) days written notice by either party of its desire to make such changes. If a proposed change requires a public hearing under the service standards outlined in the current Short Range Transit Plan, Oro Valley shall conduct the public hearing at least thirty (30) days prior to the effective date of the service change. Upon approval of any change, an amended Appendix "A" shall be filed with the office of the Town Clerk and the Tucson City Clerk. 8. Oro Valley shall be entitled to a revenue adjustment which shall be billed quarterly, based on an annual survey of farebox revenues and actual usage of mass transit services provided by the City. Said revenue adjustments shall be in the form of calculated actual revenues obtained from those portions of the City mass transit services provided in Oro Valley pursuant to Appendix "A" and deducted from charges or costs of providing service to Oro Valley. 9. (A) The City shall present quarterly statements of all costs incurred by the City to provide mass transit pursuant to Appendix "A" to Oro Valley. Said statements shall be compiled for three (3) month intervals and shall be due and payable to the City thirty (30) days after presentation to Oro Valley by the City. (B) Oro Valley shall pay the City a fee for the certification of Oro Valley residents with disabilities under the guidelines established by the Americans with Disabilities Act (ADA) of 1991. The fee to be paid shall include: determination of ADA eligibility, functional skills testing by a third party, processing of appeals and any associated materials and mailings. Fees shall be billed quarterly on the same schedule and statements as mass transit service listed in the preceding paragraph. 10. The statements presented to Oro Valley shall represent the actual costs of the City in providing mass transit service and ADA eligibility determinations for the Town of Oro Valley. Appendix "B" contains the categories of estimated expenses and categories of estimated yearly revenues, which result in the estimated yearly amount payable to the City by Oro Valley for the specified Sun Tran service. The parties understand those dollar amounts are estimates only, and the City shall bill Oro Valley a net cost for the service, which represents actual expenses incurred less actual revenues generated. Should the actual net cost (expenses over revenue) to the City for the annual service in any particular fiscal year exceed the "annual amount payable" specified in Appendix "B," incorporated herein by this reference, Oro Valley shall pay the City the yearly actual net cost, but in no event an amount in excess of the "annual maximum contract amount" specified in Appendix "B." The "annual maximum contract amount" and any other provisions of Appendix "B" may be amended by the parties at any time, through mutual approval in writing by the City and Town Managers following ninety (90) days written notice of the desired amendment. Upon such approval, an amended Appendix "B" shall be filed with the Town Clerk, City Clerk, Director of Transportation for the City of Tucson and Director of Transportation for the Town of Oro Valley. 2 11. The City or Oro Valley may, upon 120 days written notice to the other party, terminate this Agreement. Should this action result in the elimination of services, Oro Valley must conduct a public hearing under the service standards outlined in the current Short Range Transit Plan, at least thirty (30) days prior to the effective date of the service change. 12. All financial records relating to the provision of mass transit to Oro Valley shall be available to Oro Valley for inspection and auditing upon request. 13. Oro Valley by this Agreement acquires no liabilities not expressly stated by this Agreement resultant from the City's mass transit system, its routes, or equipment. 14. (A) The term of this Agreement is for a three year period from July 1, 2000, through June 30, 2003; however, it shall be subject to annual review, annual budget appropriations by the parties and renegotiation which shall be completed no later than June 1 of each year. (B) This agreement shall be effective immediately after filing a copy hereof with the Office of the Pima County Recorder. (C) Annual renegotiation shall require the approval of the Managers of the City and the Town of Oro Valley and shall become effective immediately after filing a copy hereof with the office of the Pima County Recorder. 15. All notices hereunder and communications with respect to this Agreement shall be effective upon the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed to the following: If to the City: If to the Town of Oro Valley: City Clerk Town Clerk City of Tucson Town of Oro Valley Post Office Box 27210 11000 North La Canada Tucson, Arizona 85726 Oro Valley, Arizona 85737 or to such other address as either party shall designate by written notice. 16. The omission of the performance or failure to render any services contemplated by this Agreement because of an act of God, inevitable accident, fire, lockout, strike or other labor dispute, riot or civil commotion, act of public enemy, instrumentality (whether federal or state), failure of equipment or facilities not due to inadequate maintenance shall not constitute a breach of this Agreement or failure of performance by the City; provided, however, that Oro Valley shall not be obligated to make any payment to the City with respect to any services not actually rendered by the City to Oro Valley pursuant to the terms of this Agreement due to any cause contemplated in this paragraph. 41. 17. (A) Since the City is the applicant and recipient for the Section 9 Operating P P g Assistance Grant under the Federal Transit Act (hereinafter referred to as Section 9 Grant), 3 federal, state, or other monies as defined in Appendix "B", will be applied to the operating deficit incurred on the route extensions into Oro Valley that are covered by this Agreement or any modifications made thereof pursuant to the terms of this Agreement; and (B) Oro Valley shall provide the same fare privileges as currently are provided by the City, in accordance with federal requirements under the Americans With Disabilities Act of 1991 for passengers with disabilities residing in Oro Valley. The City agrees to provide Economy Fare Bus Identifications to Oro Valley residents on the same terms as those afforded City residents, subject to reimbursement of costs, as outlined in Appendix "B." 18. If any term or provision of the Agreement shall to any extent be held invalid or unenforceable, the remaining terms of this Agreement shall not be affected thereby, but each term of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 19. This Agreement and all obligations upon the City or Oro Valley arising therefrom shall be subject to all the budget laws and other state and local laws and regulations. 20. Oro Valley, by this Agreement, acquires no right, title, or interest in the City's mass transit system, its routes, equipment, or any other asset. 21. Upon termination of this Agreement, all assets of the City of Tucson's mass transit system shall remain the property of the City of Tucson. 22. Upon and after its effective date, this Agreement shall supersede all prior Intergovernmental Agreements between the City and Oro Valley on the same subject matter. IN WITNESS WHEREOF, the City of Tucson and the Town of Oro Valley by their authorized officials have executed this Agreement on this day of , 2000. CITY OF TUCSON, TOWN OF ORO VALLEY, A Municipal Corporation A Political Subdivision of the State of Arizona BY: BY: Mayor Mayor ATTEST: ATTEST: City Clerk Town Clerk 4 Pursuant to A.R.S.. Section 11-925D, the Attorneys for the parties have determined that this Agreement is in proper form and is within the powers and authorities granted under Arizona law to the parties. AP) City Attorney Town Attorney 5 APPEND LX B TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF ORO VALLEY, MUNICIPAL CORPORATIONS OF THE STATE OF ARIZONA,RELATING TO MASS TRANSIT MASS TRANSIT EXPENSES 1. Estimated Expenses-The Oro Valley expense for mass transit will be determined in the following manner. Miles operated in Oro Valley X Cost per mile and depreciation of buses. 2. Revenue Adjustments- Oro Valley transit expense will be offset by: Revenues Collected: Oro Valley transit expense will be offset by revenues collected. 3. The billing cycle will be: Quarter 1 -July 1 to September 30 Quarter 2- October 1 to December 31 Quarter 3 -January 1 to March 31 Quarter 4-April 1 to June 30 4. Estimate of Expenses-Following is the estimated total cost for FY 2000-2001 under this IGA. Cost Elements:* Total Annual Miles 4,064.0 Cost Per Mile** $3.736 Depreciation Per Mile $0.1104 Federal Assistance $0.2294 Revenue Per Mile $0.5790 Estimated Expenses Oro Valley Mileage Costs $ 15,183 (Miles X Cost Per Mile) Depreciation Costs $ 90 (Depreciation Per Miles X Miles x 20%) Total Expenses $ 15,273 Revenue Adjustments Farebox Revenues $2,353 (Revenue Per Mile X Miles) Federal Capital Assistance $932 (Federal Assistance X Miles) Total Revenues $3,285 Estimated Expense over Revenue Regular Route Service $ 11,987 *=Costing elements are subject to change due to budget revision at City,State and Federal levels and fare and service changes. **= FY 2000-2001 Including Capital Shifts Date of Appendix B: 07-Jun-00 Chuck Sweet Luis G. Gutierrez Town Manager,Town of Oro Valley City Manager,City of Tucson Attest: Attest: Kathryn Cuvelier Kathleen S.Detrick Town Clerk,Town of Oro Valley City Clerk,City of Tucson 6/7/00 9:50 AM OcoValley0001final :O: V•. City of Tucson Resolution# Oro Valley Resolution# Round Round Trip Number of Total Route Destination Weekdays Saturdays Sundays Miles Trips Miles l6L Camino Cortaro to 254 - - 8.0 2.0 4,064.0 Oro Valley/Allied Signal .Total All Routes July 1,2000-June 30,2001 4,064.0 1 6/7/00 9:50 AM OroValey0001finai TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: July 19, 2000 TO: HONORABLE MAYOR& COUNCIL FROM: William A. Jansen, P.E., Town Engineer SUBJECT: Resolution No. (R) 00-7 9: Acceptance of a settlement agreement between the Town of Oro Valley, El Conquistador Country Club and the Canada Verde Luxury Developments, L.L.C. for drainage improvements. SUMMARY: The completion of the La Canada Drive widening in 1998 and the development of the Canada Verde Villas produced additional stormwater drainage onto the El Conquistador Country Club resulting in flooding and erosion on the golf course. The drainage from the Villas and La Canada Drive was directed along the historic drainage way, but the increased runoff due to the additional development resulted in a volume of water in excess of the pre-development amount. The Town engaged Arroyo Engineering to investigate the drainage from both the Villas and La Canada Drive to determine the impact to the golf course from each of the improvements. The hydrology study determined that an increase runoff was due to the road widening and the construction of the Villas. In addition,this study also found that modifications to the golf course over time had impeded the historic drainage way. Numerous meetings were held between the parties to discuss the responsibility for the stormwater damage and what should be done to correct the problem. After considerable discussions, it was agreed that all parties contributed to the problem and that the resolution would be shared on an equal basis. A drainage improvement plan was developed by the Town's consultant and agreed to by the parties. Under this plan,the Villas and the Town will construct a storm sewer to accommodate the drainage from the Villas and La Canada Drive and the Country Club will construct a drainage way to carry the stormwater to the nearest wash. Under the terms of the proposed settlement agreement, the Town and the Villas will share the cost of the storm sewer. Construction of the storm sewer will be done by the Villas with the Town placing its share of the construction costs (est. at $25,000,00) in escrow for disbursement as the project is constructed. The signing of this settlement will absolve the Town from any further liability due to the stormwater drainage from La Canada Drive. The proposed settlement is currently under final review by the Country Club and the Villas. ATTACHMENTS: a. Proposed Settlement Agreement between the Town of Oro Valley and El Conquistador Country Club and Canada Verde Luxury Developments, L.L.C. for Drainage Improvements. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 RECOMMENDATION: The Department of Public Works recommends the approval of the Settlement Agreement. FISCAL IMPACT: The estimated Town's share of the project cost is $25,000.00. The project cost will be charged to the La Canada Widening project. SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Resolution No. (R) 00- 7 9 authorizing the acceptance of the Settlement Agreement between the Town of Oro Valley and El Conquistador Country Club and Canada Verde Luxury Developments, L.L.C. for Drainage Improvements. OR I move to Town Engineer 0/4444keir„ Town Manager RESOLUTION (R) 00- 79 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA, ACCEPTING A SETTLEMENT AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND EL CONQUISTADOR COUNTRY CLUB AND CANADA VERDE LUXURY DEVELOPMENTS, L.L.C. FOR DRAINAGE IMPROVEMENTS WHEREAS, ORO VALLEY is a political subdivision of the State of Arizona, is vested with all the rights, privileges and benefits, and entitled to the immunities and exemptions) granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the resolution of drainage issues between the Town of Oro Valley and the El Conquistador Country Club and the Canada Verde Luxury Developments, L.L.C. is in the best interest of the Town of Oro Valley; and WHEREAS, all parties to the agreement will share in the costs of the improvements; NOW THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: That the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to such steps as are necessary to execute and implement the terms of the Settlement Agreement PASSED this 19TH day of JULY , 2000, by the Mayor and Town Council of the Town of Oro Valley, Arizona. Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM Kathryn E. Cuvelier, Town Clerk Dan Dudley, Town Attorney Date Date 4 SETTLEMENT AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND EL CONQUISTADOR COUNTRY CLUB AND N CANADA VERDE LUXURY DEVELOPMENTS, L.L.C. FOR DRAINAGE IMPROVEMENTS THIS AGREEMENT is made and entered into this of , 2000, between the Town of Oro Valley, Arizona, a Municipal Corporation, hereinafter referred to as "TOWN," and the El Conquistador Country Club, hereinafter referred to as the "CLUB," and Canada Verde Luxury Developments, L.L.C., hereinafter referred to as the "VILLAS." Therefore, TOWN, CLUB, and VILLAS do hereby confirm and agree as follows: 1. RECITALS 1.1. The parties wish to resolve their differences relating to storm water runoff, discharge, and other related drainage issues involving surface water entering onto the El Conquistador Country Club Golf Course. 1.2. The TOWN, the CLUB, and the VILLAS wish to establish specific terms and conditions relating to the drainage improvements relative to storm water runoff from La Canada Drive and the VILLAS, and desire to be bound by those terms and conditions. 2. AGREEMENT Based on the foregoing recitals, which are incorporated here as the intent of the parties, and in consideration of the TOWN's approval of the drainage improvements, the TOWN, the CLUB, and the VILLAS agree as follows: 2.1. Affected Property. The real property which is subject to storm water runoff, discharge, and other related drainage issues as described above, is the real property extending from the back of the #2 green to the point of where it enters the transition wash on the 16th fairway of El Conquistador Country Club Golf Course. 2.2. Construction of Drainage Improvements. The drainage improvements will be constructed as provided in the project plans developed by Arroyo Engineering for the 48" Pipe & Channel, 100 - Year Design, a copy of which is attached hereto as Exhibit A. El Conquistador Country Club Drain Agree 7/11/00 Page 1 of 6 2.3. Responsibilities of the Parties. The parties agree as follows: A. The CLUB shall complete the drainage channel and any and all other drainage improvements in accordance with the plans developed by Arroyo Engineering, attached as Exhibit A, from the back of the #2 green to the point of where it enters the transition wash on the 16th fairway regardless of cost of construction. B. The balance of the drainage improvement project, as set forth in Exhibit A, shall be the responsibility of the VILLAS. C. It is estimated that the balance of the cost of the drainage improvement project to be completed, as provided in 2.3(B) above, is approximately Fifty Thousand, Nine Hundred Forty-five Dollars ($50,945.00). The VILLAS shall contribute a maximum of Thirty Thousand Dollars ($30,000.00) or up to fifty percent (50%) to the project's cost. The TOWN shall contribute a maximum of Forty Thousand Dollars ($40,000.00) or up to fifty percent (50%) of the project's cost. If the bids for construction exceed by more than twenty percent (20%) of the engineer's estimate or a total of Sixty-one Thousand, One Hundred Thirty-four Dollars ($61,134.00), then the contract may be terminated by either the VILLAS or the TOWN. The TOWN shall place its share in escrow for the completion of the project on the date of this Agreement and shall grant all necessary rights of access and use to the VILLAS and the CLUB to allow the VILLAS and the CLUB to complete the project pursuant to Exhibit A. The escrow agent shall periodically disburse money to either the VILLAS or directly to the contractor as the work to be performed by the VILLAS is completed. The escrow agent shall initially disburse the contribution from the Town based on work as completed. 2.4. Existing Utilities. Any relocation or modification of existing utilities or public improvements required in order to construct the drainage improvements shall be completed by the parties without expense to the TOWN. 2.6. Start of Construction. The CLUB shall immediately start and shall complete construction of the drainage improvements, as required by the CLUB pursuant to this Agreement, within six months of the date of this Agreement. The VILLAS shall begin construction of the balance of the drainage improvements, as provided for in Exhibit A, within three (3) months of the date of this Agreement. 2.7. Release from Liability. A. The CLUB shall release and hold harmless the VILLAS, their agents, representatives, and associates, from any past, present or future liability to the CLUB due to storm water and surface runoff as long as the VILLAS complete its obligations as provided herein; and El Conquistador Country Club Drain Agree 7/11/00 Page 2 of 6 B. The CLUB and VILLAS shall release and hold harmless the TOWN, their agents, representatives, and associates from any past, present or future liability as long as the TOWN completes its obligations as provided herein. C. The VILLAS shall release and hold harmless the CLUB, their agents, representatives, and associates, from any past, present or future liability to the VILLAS due to storm water and surface runoff as long as the CLUB completes its obligations as provided herein. 2.8. Maintenance of the Drainage Facilities. The responsibility for maintenance of the drainage improvements and drainage facilities shall be the responsibility of both the CLUB and the VILLAS on their respective properties. The TOWN shall not have any responsibility for the maintenance of either facility. 2.9. Construction Easement. The CLUB shall grant a construction easement to the VILLAS to construct that portion of the drainage improvement project required by this Agreement. 2.10. Effective Date. This Agreement is effective on the day of , 2000, which is the date of approval of this Agreement by the Oro Valley Town Council. 3. INDEMNIFICATION 3.1. Indemnification. The CLUB and/or the VILLAS shall indemnify, defend and hold the TOWN and its respective officers, employees and agents harmless against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or damages, including consequential damages, liability, interest, attorney's and accountant's fees or costs and expenses of whatsoever kind and nature, which are in any manner directly or indirectly caused, occasioned or contributed to, by reason of any act, omission, fault, negligence, violation or alleged violation of any law, whether active or passive, of the indemnifying party, its agents, employees or anyone acting under its direction, control or on its behalf, in connection with or incident to the performance of this Agreement. This indemnification shall not apply to a cause of action brought by any party to this Agreement, which constitutes a challenge to the validity of the Agreement itself. 4. COMPLIANCE WITH ALL LAWS 4.1. The parties to this Agreement shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes thereunder. Any action relating to this Agreement shall be brought in an Arizona court. El Conquistador Country Club Drain Agree 7/11/00 Page 3 of 6 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. TOWN OF ORO VALLEY, a Municipal Corporation ATTEST: Mayor Paul Loomis Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney El Conquistador Country Club Drain Agree 7/11/00 Page 4 of 6 EL CONQUISTADOR COUNTRY CLUB: By: Its: STATE OF ARIZONA ) ) ss. County of Pima ) The foregoing instrument was acknowledged before me this day of , 1999, by on behalf of , "CLUB." My Commission Expires: Notary Public CANADA VERDE LUXURY DEVELOPMENTS, L.L.C. By: Its: STATE OF ARIZONA ) ) ss. County of Pima ) The foregoing instrument was acknowledged before me this day of , 1999, by on behalf of , "VILLAS." My Commission Expires: Notary Public El Conquistador Country Club Drain Agree 7/11/00 Page 5 of 6 EXHIBIT A ARROYO ENGINEERING PROJECT PLAN 48" PIPE & CHANNEL 100-YEAR DESIGN El Conquistador Country Club Drain Agree 7/11/00 Page 6 of 6 N -• 0., N fU . •.:• N .••I cp 1[3, ,-5".'.::-.- -- -.N ' twa, N :::::::n::-smmmat. .■m:Q■asm ::n: m■m1 '" ;`� ' ------------:4-'' 111■■ 10110111111■!!1'!1■■ ■■■■■ !a■ '-__"' L ., ■■■■■.t■■■■■■.�i.■■IIIIIIIIIIIIIIIiIII?iIIIIIIIIIIIIIIIIIII o� ____ , 111111111111111111111 ).../ g' '-:---i.:•-= '-,,,.-::..-.i. 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O , ntta Q N W SUPPLEMENTAL ITEM TOWN OF ORO VALLEY Item 2 SUPPLEMENTAL COUNCIL COMMUNICATION MEETING DATE: July 19, 2000 TO: HONORABLE MAYOR& COUNCIL FROM: Chuck Sweet, Town Manager David L. Andrews, Finance Director - - • TOV SUBJECT: Supplemental Information for Final Budget Adoption SUMMARY: On July 10 the Town Council held a study session to review the final budget prior to its scheduled adoption on July 19. At that meeting, staff received direction to prepare alternate motions for final budget adoption to address the library, Fraternal Order of Police (FOP) wage and benefit proposal, one-time salary adjustments, and building expansion funding issues. Attached to this communication you will find separate alternative motions for each issue. The motion for overall final budget adoption is labelled#5 and includes all successful motions regarding the specific aforementioned issues. ATTACHMENTS: 1. Alternative Motions for each issue 2. Oro Valley Public Library Cost Estimates dated May 31, 2000 David L. Andrews Finance Director ifs, / ,. huck Sweet Town Manager Town of Oro Valley Alternative Motions 1 . Library Construction I move to approve construction of a new Town library to include 15,000 square feet at an estimated cost of $4,300,000 and an additional 10,000 square feet shell at an estimated cost of $680,000 or I move to approve construction of a new Town library to include 15,000 square feet at an estimated cost of $4,300,000 with no shell ..y:v.::4:.f.:...::i•..:/:f•.....:.,::m".....::.::,..<..::.:..�r,.:.d�..:.:.,�•,.:...y:.:3:.r<..,J...'ry"))/:./Y..n.fy•.:...0:r•w:-.,,•.,i4;.rr`�....t.�h....f!l;.,.?.u:.:;.t.4..;.tr..1.;.fi.�r;:.:..,;.:S:./.>_.:.;o.�.�r.J./-.f�/.?//.,.r4,�.;.�.....".s.�.i.�%t:-7.`..::/..,'.�.S:.:.•...7.,.;s•S....K.-..�......•r...K.6y:♦:.-n��..�.:.:,::•.....,.4.-.;h,33:.h..i.r�S.vY4:...,.+..:�.'.,:-....i6'.r.:Y,KYr::)..Y�!/t�..,.y...?.;Y,.n2:?/j..,{:....!r/.,r/.,.n'..,.h:.z,.:?r.r../'".,/:."r//.././,,.".fJ,i..../-•..Y�?/.:..9.d.,..%.>.:�,/�..r r,r'r...r X.-...-.-f�9•..r.....:<..'tr4�..�v.v r1�7.,5+♦...\�\\\:�+�\...\...�\\\�..♦.�\..♦?,.'.:v.,�.�.....\.:...,.,.♦.,...�..,..r.....�s.r.;....K.i4..V:E....4...4...4r....:�i'Fr.5;...:�,i....:.,<...�,./...,..'..,.!.r.f.+:.�.../.,.4.t,',.i:.c"r...�.�r....!'..b:.°...'.:....$°>-.f.r•'.:.}.!'..:r.�...F......�..�.J....r.......,Y..{.'.:.Jr:..p.."/r.r..J,...J./.:r.�r../.:.':..!.,...:,.+..y.,..{......?,....rK.:r.$.....:-.,...:.c.:{.."3...::..$..�•..i.-:.r..4.:'..+,..7i...'n. .. Y: 2.:�i.0.4'...�N4.'��.....�. ♦v......� x...•:>•"�•.'.•!s.••f:!.,/..i..4.N A...�K..2Y.. .,'�5...%. , • .,... q.:..'��. 4•::''K'��a"a..,'v•x,vi�.Y:�.017 : / '.:.:�..•?y1:..- .r r ,, . 14 ' Y�-,`�/ Fj,J 2. Fraternal Order of Police Lodge #53 Wage & Benefits Proposal I move to approve the Oro Valley Fraternal Order of Police Lodge #53 2000/2001 Wage and Benefit Proposal dated May 22, 2000, including a 10% pay parity adjustment, effective July 1, 2000. Affected employees shall include only those certified police officers at the rank of sergeant or below. or I move to approve the Oro Valley Fraternal Order of Police Lodge #53 2000/2001 Wage and Benefit Proposal dated May 22, 2000 substituting a 5.38% pay parity adjustment in lieu of the requested 10% pay parity adjustment, effective July 1 , 2000. Affected employees shall include only those certified police officers at the rank of sergeant or below. .. .... �-„.,/. .. .; 1 4':.•.:"r 4 rtaintaingralragielt,CrEOCA11 ;. . ,:,� ::y.::•)?:-r ::is,y�.::•:� :./.'!' ,♦..♦\\\:.. Yy�:� :�fiy/y< ::/i'"'g ::r;'y..y; .;k.,;J- i'{.y::;',..i%�.// \. .♦� r !j lam..;��1. � ���'�' 'J r•!��..;' /Y,,�:s:;�err •� ,�%/l//.'.:�:., ..♦'�:�<.•. ;:i%!J./� ./.,:Y.y Jam,(Y.{ 'J'3. :;;,'JU.i:; ,..�; .:.� ♦ N•ff3,,,r.{. Jr;r,.Y: n�:,yJJIJ�`- 'y%�(Y f«r .\ \. V �/r`+,/• `y f.14.� ./!,4n ,,,,//J/�`/ .fi:. +�.���>.by:f �%`/� rf �.�. 'Sc/..r�.r.r. .r.. •\� ..C. •7'If/., �������; �. :�w b�%f� ' r./....fir �� , h�. 3. One-Time Lump Sum Salary Adjustment I move to approve a 5% one-time lump sum salary adjustment for all Town employees except for those certified police officers covered in the FOP motion. or I move to approve a 5% one-time lump sum salary adjustment for all Town employees ... : :.. •.!. r .,. �� '/. :� :lfi..lJ. :..I..•y i;.. ,r,::,.. •:L• Yr% c' ? :''•'+�`�'�`;'.'•:�'91}'..i� >• / //!�.�.+...G. ,% / �` \ �'.f•:.u >< .� •::it::.:'::3:i:'`:'': .r y 3�� .,.:i:; ::�;;.r.. .2.ty�..,�.,: �;:>•�� {f G /r� /f ;;Y 1 rµw yY`y; ;;f::'�'�, •'•r}.;.`i.. r.r %: :.1:. :Y•• :.%;'%'�: /,+. p,�p.:My:: :..-.,•.�.�. ! v I : ` .1:\•; ..I.W Y. i� b :.;.i%/4/!.�f +: h..... /rggy":•Y�f �,�v.....,. / �x}• Y'•'•.;'hY'•';'f. '.;Y��qq�: S•`y. 'K.- 4. ,. :'p / ��/ N � / � ./..1,. ��'.iY fr. / ��,: "-worms', :{y+ tl,::L::.•:...�• v\ :X�(.<-': ::."s� ..S'.f.,,LL :� •'J'...f''•. !'/.::ii'.' 04, .t`ri'�•.+1'!F...:.1.°::r.::':.....:........,:..... ..s....... .. . ... ...`1\\:....';d:3.`..�:..,.:;.. :;:.: �•'9f...: ,'c.+.•..:. .f,'�',}i,�,,•�jt"`` �',��"y,� ... .��.. ........ /! . r ........., C........:......./,...,.a..................y?? ........*6F'....... ....................:...................................,.............,.....:.........'4'1}.:c:•°4°��•�.Yr^�'��........:........... ::...'Sr9Y...','.;••: ../...r•'.f{!}�..¢ff.', 4. Court/Legal/Admin. Building Expansions Funding Mechanism I move to approve that funding for the court/legal and administration buildings expansions be provided through long term debt financing (Dec. 2000) or I move to approve that funding for the court/legal and administration buildings expansions be provided through cash financing ::.. ./ /iv: .%::.�.... .;.. 4... ... ::' ,'' '\ }:. �y tin:: '/.: �:.:! :4' .fi ... ::. : ':•:..\,)':.','.h.....::ii �?p\\2��fF.�]:- YS r ':1$/(•.::wt i}�1<J{:pfS fr�:.;\,\�\+':\+.:•A.y<4JC'{.�i��}... {fiG': N,,r' "! ;/J':i iLi..y.., �Y�, �y �' N.i/'35. r:{!:%•/ / J. �.\ � 'Y, `i\h:�t)\•' ,rFry i36'=:: \ 1:Z�i' \.)::i�'}' '�. Y.'n�,F� ��y'� ' n. y ./9�:..' \ .'.:..i�•�0':.:$°•..: ;y:;.<::.:y' :\. ri`<.?: 3" . ,,c•�:�' y'..i;;p ..4'y�.'/� ..:%y4!La���/,.%4.:,!t%. :.�'/. ./,.r,..:r .J,::. ;>b'�:.. a.�"Y LX.y6 y..v�¢L..:. 'h$:'"`^.:i:5 r '.%a:.. rl9 �:(/: :!. :/, ,.Y:.'F9y9. ��'d�''g....I.�. �¢ .!fii"'"•`,,.�'Ar �v: t. ..YFi..fi.. !IY•.. <iy.. •'•if,ii/'�,:,:I..3. Y. v.. I r .y. .� � �r� +�v♦ate. � p� >�� a$�>y,'�/ .... .. , I ... .�\.:.........�:/::n..1r,<N.:.,.!. 'JF\....:.:...}. ....{.�i .•;.��X.�.\ ,, : � 1 h:: �:\ll.\\, 'A+Cn..OC+Y:'lN fi 4::�.i:L :..�, Y':f �.1.: .:/1>!.L • 5. I move to approve Resolution No. (R) 00-75 Adopting the Final Budget for Fiscal Year 2000/01 and directing staff to modify the auditor general schedules to reflect a $360,000 loan amount from the General Fund to the Water Connection Fees Fund and to include all successful motions previously adopted this evening in regard to the library, Fraternal Order of Police wage & benefits proposal, one-time lump sum salary adjustments, and financing for building expansions. May 31. 2000 Oro Valle' Public Librar7 9922.000 =•1 Budget Analvsis: Phase IAnalysis Site Schematic Design March 2. 2000 May 16. 2000 Construction 51,800.000 S2.110.57 F urns cur e S300.000 5300.000 Solids & 'eotec::.icai 520.000 520.000 C Arcnttec..iu ai Fees 5144.000 S144.000 �� ,�n00 . 0� .00 Abrar'. eria \ ..__ Public Art 518.000 513.000 Contingenc'. Fee S380.000 S380.000 Techno to gv,ComPuters 580,00n 580.000 _. . 53,992,000 54.302,512 Phase I & II(shelll Construction/Phase i S1,300,000 52,110,57: C onstru ction/Phase II shell 5800.000 S615.198 Furniture S300.000 5300.000 Solids &: C eotec nicai S20.000 520.000 Architectural Fees 5196.000 5196.000 Library Materials S1,250.000 S1.250.000 Public is Art 526.000 S27.000 Contingency Fee 5380.000 5380.000 Cong Te 0 chnology/Cuters 580.000 580.00 _. .omp S4.354.000 S4.978.770 Additional site items Entry from La Canada 551.500 Entry from N arani a S175.000 Storm sewer extension 537,700 — 2.4i741 TOWN OF ORO VALLEY 2 COUNCIL COMMUNICATION MEETING DATE: July 19, 2000 TO: HONORABLE MAYOR& COUNCIL FROM: Chuck Sweet, Town Manager David L. Andrews, Finance Director SUBJECT: Public Hearing - Resolution No. (R)00- 75 Adoption of the Final Budget for Fiscal Year 2000/2001 SUMMARY: On June 21, 2000 the Town Council held a public hearing and adopted a tentative budget of$80,388,557 for Fiscal Year 2000/2001. The Resolution you have before you would adopt the final budget for the same amount ($80,388,557). The final budget figure includes an additional $500,000 in building permit fees as discussed at the June 21St meeting. The final budget mirrors the tentative budget with the exception of those adjustments that were outlined in a memorandum from the Town Manager to the Council dated June 20, 2000. Those adjustments are as follows: Tentative Final Department Budget Adjustments Budget Legal $549,301 <$9,166> $540,135 Magistrate Court $423,718 <$3,665> $420,053 Facilities Maintenance $134,082 <$15,000> $119,082 General Fund Contingency $5,938,138 27,831 $5,965,969 Several discussions were held during the Council's budget review sessions regarding the balancing of revenues and expenditures for the General Fund. The following summarizes the status of the final budget as presented this evening: Revenues $14,332,904 Expenses 20,480,349* Deficit <$6,147,445> * "One-Time"Expenditures: General Plan Update $193,000 Unfunded CIP Items 300,000 CIP Carryforward Items (Police) 96,700 Water Connection Fees Fund Loan 1,322,500+ Dennis Weaver Pool Renovations 1,000,000 Linda Vista Trail Acquisition 25,000 Naranj a State Land Acquisition 3,075,000 CIP Carryforward Items (Parks) 82,870 Total One-Time Expenditures $6,095,070 TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 (+ This amount may be lowered to the $360,000 figure as discussed with the Mayor & Council in study session on July 10. The lower figure is not reflected in the final budget adoption schedules due to the distribution deadline of this communication of July 7. The suggested motion directs staff to modify the budget adoption schedules to reflect the $360,000 figure.) The difference between the $6,147,445 figure and the "one-time" expenditures amount is an estimated recurring deficit of$52,375. The deficit amount is immaterial given the size of the General Fund budget. However, revenue estimates were increased by $500,000 based on increased building permit fees. ATTACHMENTS: 1. Budget Memorandum from the Town Manager dated June 20, 2000 2. Resolution No. (R)00- 75 Adoption of the Budget for Fiscal Year 2000/2001 3. Auditor General Schedules A, C, D & E (B is not applicable to the Town) 4. Council Communication dated June 21, 2000 for adoption of the Tentative Budget SUGGESTED MOTION: I move to approve Resolution No. (R)00- 75 Adopting the Final Budget for Fiscal Year 2000/2001 and directing staff to modify the auditor general schedules to reflect a $360,000 loan amount from the General Fund to the Water Connection Fees Fund. or I move to approve Resolution No. (R)00-75 Adopting the Final Budget for Fiscal Year 2000/2001 and directing staff to modify the auditor general schedules to reflect a$360,000 loan amount from the General Fund to the Water Connection Fees Fund with the following additional changes . . . I),- 0 l• eh-m4A4A.A--- David L. Andrews Finance Director __0//44 t6CCIat - Chuck Sweet Town Manager G:\COUNCILIFinal Budget 00-01.doc Amended Agenda Item #6 June 21st, 2000 Regular Meeting Supplemental Information MEMORANDUM TO: MAYOR AND COUNCIL MEMBERS FROM: CHUCK SWEET, TOWN MANAGER DATE: June 20th, 2000 SUBJ: 2000 — 2001 Tentative Budget This memorandum is in response to the last budget study session held on June 14th, 2000. 2000 — 2001 Capital Improvement Plan The budget process for the 2000/01 fiscal year actually started in October 1999 when the Town of Oro Valley staff and Council appointed volunteers started working on the 2000/01 Capital Improvement Plan (CIP). This (CIP) process included each town department submitting their list of important capital projects as per the CIP guidelines and policies. These CIP projects then competed for available funding and were then ranked by the C1P Technical Advisory Committee. The committee's recommendations were then forwarded to the Planning and Zoning Commission and Town Council for adoption in February of this year. Included in the 2000/01 CIP was the expansion of the Legal Services/Court Building ($274,000) to accommodate the demands of these departments today and in the future. Additionally, as a result of the CIP competitive process the expansion of the Administration Building ($300,000) has been included as part of the Manager's recommended budget as a "One Time Expenditure" to relieve the congested office areas of Town Hall (i.e., separating Council Members offices, eliminating "double office assignments" of existing positions in Finance, Human Resources and Town Clerk areas). Both of these building expansion projects are necessary in the 2000 — 2001 budget in order to stay current with the demands that a municipality of 30,000 citizens have come to expect. 2000 — 2001 Operating and Maintenance Budget Following the above budget work on the Capital Improvement part of the next budget year the staff began working on the Operating and Maintenance (O&M) 9 Budget for the new year in February 2000. In March 2000 the Department Heads were required to submit their O&M budget requests to the Town Manager's office for review. During April 2000 the Town Manager and Finance Director met individually with each Department Head and further refined the 2000 —2001 proposed budget for presentation to Town Council. On May 3r' 2000 the Town Manager's Proposed Budget was delivered to the Town Council for your review. Since the presentation of the budget on that date seven budget study sessions have been held and changes from those sessions have been incorporated into the Tentative Budget Council Communication for the June 21st Regular Meeting. Since the June 14th 2000 budget study session, the following list of budget items (Total $ 27,831) have been developed by various department heads that could be removed or delayed in the 2000 — 2001 budget: General Fund - Legal Department: a. Personnel---Civil Attorney--Assuming the best case scenario, the Civil Attorney could not be hired and on the payroll until the 1st of August. The resulting savings would be about $4,166.00. b. If the addition to the building are either, not funded or the building addition is not ready for occupancy until after July 1, 2001, the conference table and chairs and 2/3 of the cost of the book cases would either, not be required or could be delayed into the following fiscal year. The resulting savings for this fiscal year would be $5,000.00. Total for Legal Department - $ 9,166 General Fund — Custodial & Facility Maintenance: a. Delete the line item for window replacement for $15,000. This work can be programmed into the ADMIN building expansion bid documents. General Fund — Magistrate Court: a. Reduce Jury Costs by $500. The legislature did not pass the new higher jury fees. b. Omit DUI Conference in Flagstaff- it will be in Tucson - $1000 c. Reduce Judicial Conference by $300. d. Omit Computer and Monitor for Shared Court/ Legal Conf. Rm. $1500 e. Omit DES and MVD software- $160 and $205 - Total- $365-Will attempt to obtain funds from another source. Total for Magistrate Court - $3,665 The consensus of the management team at this point in the budget process is that other than the budget items listed above any further scrubbing, cutting, delaying or deletions from the proposed budgets will negatively impact the delivery of municipal services to the citizens of Oro Valley in the coming year. The staff of the Town has given it our best effort to deliver you an operating and capital budget that will best serve the Town of Oro Valley. Thank you. 2X414441( CHUCK SWEET TOWN MANAGER C: All Department Heads RESOLUTION NO. (R)00- 75 RESOLUTION FOR THE ADOPTION OF THE BUDGET FISCAL YEAR 2000-2001 WHEREAS, in accordance with the provisions of Title 42 Sections 301 , 302, 303 and 304, A.R.S., the Town Council did, on June 21, 2000 make an estimate of the different amounts required to meet the public expenditures for the ensuing year, also an estimate of revenues from sources other than direct taxation, and the amount to be raised by taxation upon real and personal property of the Town of Oro Valley, and WHEREAS, in accordance with said sections of said title, and following due public notice, the Council met on July 19, 2000, at which any taxpayer was privileged to appear and be heard in favor of or against any of the proposed expenditures or tax levies, and WHEREAS, it appears that publication has been duly made as required by law, of said estimates together with a notice that the Town Council would meet on July 19, 2000, at the office of the Council for the purpose of hearing taxpayers and making tax levies as set forth in said estimates, and WHEREAS, it appears that the sums to be raised by taxation, as specified therein, do not in the aggregate amount exceed that amount as computed in Title 42, Section 301.A, A.R.S., therefore be it RESOLVED, that the said estimates of revenues and expenditures shown on the accompanying schedules as now increased, reduced or changed by and the same are hereby adopted as the budget of the Town of Oro Valley for the fiscal year 2000-2001. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 19th day of July, 2000. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan Dudley, Town Attorney c+1 tr-, - ,r M M A :y N 00 N N M d^ fW W o 0o C -• v v 00 . E, vj O N t N M W ,,, N M - 00 N N O V A LQ O N N N N CO O CO• 4 W N W , W , ti I� 00 N ' N M ' ' ' , Q 04 7 O oo p -... - oo O O 00 Q N N v1 v, NM O O p `''' -. oo N N C 6. co ; O N N N N 00 LQ N AC a E.,3 O VD cl , , , C , , , , v, � �W ' ais O - • O M O 69 A O O ,t ,r O % ►•7 N O ' G O O� , ' , , L14, N N N 00 •21i L'4 ,1" '1. 0000 M OM - E.. ~ N M O ti 6A W 60 4 • o , yj O u LL. p vj O O O O O O ,.., WIi p p ' p ' ' O C ' O O © v? 'n O L W N V OO v O v O , O 00 00 p O N O O N N 00 00 t. +.. I� •-� �O N N ,C G M M CI .0 O O N N O 00 000 [-' N Q (0•:, b4 6A c., 'fl M.,, C, vj W O N 0. C. O O O 00 O O a� 2, '�1 ►., O. 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TOWN OF ORO VALLEY Summary By Fund Type of Revenues Other Than Property Taxes Fiscal Year 2000/2001 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES REVENUES SOURCE OF REVENUES 1999/2000 1999/2000* 2000/2001 GENERAL FUND: Local Taxes: Local Sales $ 4,744,000 $ 5,362,000 $ 5,624,000 Cable Franchise 218,000 220,000 233,000 Subtotal Local Taxes 4,962,000 5,582,000 5,857,000 Licenses & Permits: Business 71,500 85,000 90,000 Building 993,000 1,350,000 1,868,000 Miscellaneous Permits 40,500 42,000 44,300 Subtotal Licenses & Permits 1,105,000 1,477,000 2,002,300 Intergovernmental Revenues: County Shared 675,000 730,000 740,000 Weaver Park Operating Contribution 15,000 15,000 15,000 State Shared 3,813,000 3,818,000 4,130,000 State Grants 281,993 194,879 259,554 Federal Grants 647,323 434,053 532,050 Subtotal Intergovernmental Revenues: 5,432,316 5,191,932 5,676,604 Charges for Services 220,600 231,025 272,800 Fines 201,000 187,000 220,000 Interest on Investments 318,600 450,000 275,000 Miscellaneous Revenues 15,500 54,600 29,200 TOTAL GENERAL FUND $ 12,255,016 $ 13,173,557 $ 14,332,904 *Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared plus estmated revenues for the remainder of the fiscal year. SCHEDULE C(1 of 3) TOWN OF ORO VALLEY Summary By Fund Type of Revenues Other Than Property Taxes Fiscal Year 2000/2001 ESTIMA TED ACTUAL ESTIMA TED REVENUES REVENUES REVENUES SOURCE OF REVENUES 1999/2000 1999/2000* 2000/2001 SPECIAL REVENUE FUNDS: HIGHWAY USER REVENUE FUND: Licenses &Permits $ 15,400 $ 16,000 $ 17,000 Intergovenmental Revenues: Highway Users Fuel Tax 1,629,000 1,635,000 1,729,000 Subtotal Intergovernmental Revenues: 1,629,000 1,635,000 1,729,000 Charges for Services 4,400 5,400 5,800 Interest on Investments 50,000 75,000 50,000 Miscellaneous Revenues 1,000 1,500 1,800 HIGHWAY FUND TOTALS 1,699,800 1,732,900 1,803,600 SEIZURE AND FORFEITURES-STATE FUND 10,500 2,045 10,000 SEIZURE AND FORFEITURES-JUSTICE FUN 31,500 129,000 30,000 PUBLIC TRANSPORTATION FUND: Local Transportation Assistance 156,000 156,000 162,000 State Grants 11,000 72,132 96,176 Charges for Services 12,000 16,000 18,000 Interest on Investments 6,500 7,000 7,000 Miscellaneous Revenues - 850 - PUBLIC TRANSPORTATION TOTALS 185,500 251,982 283,176 TOTAL -SPECIAL REVENUE FUNDS $ 1,927,300 $ 2,115,927 $ 2,126,776 *Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared plus estmated revenues for the remainder of the,fiscal year. SCHEDULE C(2 of 3) TOWN OF ORO VALLEY Summary By Fund Type of Revenues Other Than Property Taxes Fiscal Year 2000/2001 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES REVENUES SOURCE OF REVENUES 1999/2000 1999/2000* 2000/2001 DEBT SERVICE FUNDS: Naranja Road Improvement District $ 18,470 $ 5,047 $ - Municipal Debt Service 1,500 11,000 11,000 Oracle Road Improvement District 692,789 - 358,399 TOTAL -DEBT SERVICE FUNDS 712,759 16,047 369,399 CAPITAL PROJECT FUNDS: Heritage Fund Grant $ 285,000 $ - $ - Library Construction Fund 2,000,000 - 2,000,000 Municipal Facilities Construction Fund - 59,715 - Alternative Water Resources Dev. Impact Fees 280,000 425,800 311,000 Townwide Roadway Dev. Impact Fees 1,577,000 1,405,000 1,833,880 Oro Valley Water Connection Fees 775,000 690,000 1,761,925 CDO Riverfront Park Construction Fund 1,250,000 1,264,909 - TOTAL CAPITAL PROJECT FUNDS 6,167,000 3,845,424 5,906,805 ENTERPRISE FUNDS: Oro Valley Water Utility 5,627,000 6,347,600 6,877,700 TOTAL -ENTERPRISE FUND 5,627,000 6,347,600 6,877,700 TOTAL ALL FUNDS $ 26,689,075 $ 25,498,555 $ 29,613,584 *Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared plus estmated revenues for the remainder of the fiscal year. SCHEDULE C(3 of 3) TOWN OF ORO VALLEY Summary By Fund Type of Other Financing Sources/(Uses) and Interfund Transfers Fiscal Year 2000/2001 INTERFUND OTHER FINANCING TRANSFERS 2000/2001 2000/01 FUND SOURCES (USES) IN (OUT) GENERAL FUND: Bond Proceeds $ 2,700,000 Transfer to Municipal Debt Service (842,064) Transfer to Dennis Weaver Pool Renovation Proj. Fund (1,000,000) Loan to Water Connection Fee Fund (1,322,500) Transfer from Library Construction Fund 144,000 TOTAL GENERAL FUND 2,700,000 - 144,000 (3,164,564) DEBT SERVICE FUNDS: Municipal Debt Service Fund-Bond Proceeds 100,000 Municipal Debt Service Fund-General Fund Transfer In 842,064 TOTAL DEBT SERVICE FUNDS 100,000 842,064 CAPITAL PROJECTS FUNDS: Oro Valley Water Connection Fees-Bond Proceeds 8,075,000 - Oro Valley Water Connection Fees-General Fund Loan - 1,322,500 Dennis Weaver Pool Renovation Project Fund - - 1,000,000 Library Construction Fund-Bond Proceeds 2,100,000 - (144,000) Oracle Road Roadway Improvement District-Bond Proceeds 2,500,000 TOTAL CAPITAL PROJECTS FUNDS 12,675,000 2,322,500 (144,000) ENTERPRISE FUNDS: Water Co. Acquisiton-Bond Proceeds 3,500,000 Oro Valley Water Utility Fund- Bond Proceeds 6,700,000 TOTAL ENTERPRISE FUNDS 10,200,000 TOTAL ALL FUNDS 25,675,000 - 3,308,564 (3,308,564) SCHEDULED(1 OF 1) TOWN OF ORO VALLEY Summary by Department of Expenditures/Expenses Within Each Fund Type Fiscal Year 2000/2001 ADOPTED EXPENDITURE/ BUDGETED EXPENSE ACTUAL BUDGETED EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/ EXPENSES APPROVED EXPENSES EXPENSES FUND/DEPARTMENT 1999/2000 1999/2000 1999/2000* 2000/2001 GENERAL FUND: Town Council $ 81,983 $ - $ 80,783 $ 107,552 Town Clerk 275,132 - 259,564 219,301 Magistrate Court 340,173 7,165 343,639 420,053 Town Manager 243,401 - 226,667 255,416 Human Resources 180,326 - 175,467 186,172 Finance 334,793 - 315,896 358,436 Economic Development 313,249 - 300,914 308,394 Information Systems - - - 171,079 Legal 459,809 - 405,299 540,135 Police 5,450,973 - 5,261,524 6,249,296 Police-Grant Contingencies 132,493 - - 101,654 Community Development: Community Development-Administration 288,440 10,000 268,092 360,721 Library Services - - - 138,640 Planning&Zoning 956,491 15,050 932,667 1,429,327 . Building Safety 934,772 - 843,635 1,149,315 Parks&Recreation 849,292 - 690,819 1,095,509 Subtotal-Community Development 3,028,995 25,050 2,735,213 4,173,512 Custodial/Facility Maintenance 146,752 - 144,300 119,082 , General Administration 3,765,164 250,000 849,893 4,105,703 Contingency/Reserve 5,831,686 (282,215) - 5,965,969 TOTAL GENERAL FUND 5 20,584,929 $ - $ 11,099,159 $ 23,281,754 SPECIAL REVENUE FUNDS: HIGHWAY USERS REVENUE FUND: Public Works 5 2,511,841 $ - $ 1,827,213 5 2,998,021 Contingency/Reserve 1,094,197 - - 743,646 TOTAL HIGHWAY FUND $ 3,606,038 $ - $ 1,827,213 $ 3,741,667 *Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared plus estimated expenditures/expenses for the remainder of the fiscal year. SCHEDULE E(1 OF 3) , TOWN OF ORO VALLEY Summary by Department of Expenditures/Expenses Within Each Fund Type Fiscal Year 2000/2001 ADOPTED EXPENDITURE/ BUDGETED EXPENSE ACTUAL BUDGETED EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/ EXPENSES APPROVED EXPENSES EXPENSES FUND/DEPARTMENT 1999/2000 1999/2000 1999/2000* 2000/2001 SEIZURES&FORFEITURES-STATE FUND: Police $ 73,650 $ - $ 69,244 $ 13,762 Legal 5,248 - 279 5,852 TOTAL SEIZURES&FORFEITURES-STATE $ 78,898 $ - $ 69,523 $ 19,614 SEIZURES&FORFEITURES-JUSTICE FUN $ 53,054 $ - $ 34,902 $ 204,660 PUBLIC TRANSPORTATION FUND $ 259,654 $ - $ 198,711 $ 440,876 TOTAL SPECIAL REVENUE FUNDS $ 3,997,644 $ - $ 2,130,349 $ 4,406,817 DEBT SERVICE FUNDS: a Naranja Road Improvement District $ 97,475 $ - $ 97,214 $ - Municipal Debt Service Fund 735,054 - 710,862 1,152,812 Oracle Road Improvement District 692,789 - - 358,399 TOTAL DEBT SERVICE FUNDS $ 1,525,318 $ - $ 808,076 $ 1,511,211 CAPITAL PROJECT FUNDS: HERITAGE FUND GRANTS $ 570,000 $ - $ - $ - DENNIS WEAVER POOL RENO V.PROJ. $ - $ - $ - $ 1,000,000 TOWNWIDE ROADWAY DEV. IMPACT FEES $ 2,280,812 $ - $ 1,979,434 $ 3,251,411 Contingency/Reserve 4,724,427 - 4,141,395 TOTAL TOWNWIDE ROADWAY DEV.IMPAC $ 7,005,239 $ - $ 1,979,434 $ 7,392,806 *Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared plus estimated expenditures/expenses for the remainder of the fiscal year. SCHEDULE E(2 OF 3) TOWN OF ORO VALLEY Summary by Department of Expenditures/Expenses Within Each Fund Type Fiscal Year 2000/2001 ADOPTED EXPENDITURE/ BUDGETED EXPENSE ACTUAL BUDGETED EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/ EXPENSES APPROVED EXPENSES EXPENSES FUND/DEPARTMENT 1999/2000 1999/2000 1999/2000* 2000/2001 ALTERNATIVE WATER RESOURCE DEV. FE $ 1,003,680 $ - $ 140,000 $ 150,000 Contingency/Reserve - - - 1,254,139 TOTAL ALT. WATER RESOURCE DEV. FEE $ - $ - $ - $ 1,404,139 ORO VALLEY WATER CONNECTION FEES $ 1,397,289 $ - $ 594,937 $ 3,030,550 Contingency/Reserve 121,014 - - 9,164,847 TOTAL OV WATER CONNECTION FEES $ 1,518,303 $ - $ 594,937 $ 12,195,397 CDO RIVERFRONT PARK CONSTRUCTION $ 2,412,132 $ - $ 2,279,554 $ - MUNICIPAL FACILITIES CONSTRUCTION $ 1,435,944 $ - $ 1,435,994 $ - 1 LIBRARY CONSTRUCTION $ 4,144,000 $ - $ 144,000 $ 3,956,000 ORACLE RD. CONSTRUCTION $ 5,000,000 $ - $ - $ 2,500,000 TOTAL CAPITAL PROJECT FUNDS $ 23,089,298 $ - $ 6,573,919 $ 28,448,342 ENTERPRISE FUNDS: ORO VALLEY WATER UTILITY $ 7,757,513 $ - $ 6,443,990 $ 12,902,317 Contingency/Reserve 1,475,504 - - 6,338,116 TOTAL ORO VALLEY WATER UTILITY $ 9,233,017 $ - $ 6,443,990 $ 19,240,433 WATER UTILITY ACQUISTION FUND $ 3,500,000 $ - $ - $ 3,500,000 TOTAL ENTERPRISE FUNDS $ 12,733,017 $ - $ 6,443,990 $ 22,740,433 TOTAL ALL FUNDS $ 61,930,206 $ - $ 27,055,493 $ 80,388,557 *Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared plus estimated expenditures/expenses for the remainder of the fiscal year. SCHEDULE E(3 OF 3) TOWN OF ORO VALLEY ADDENDUM ITEM #6 COUNCIL COMMUNICATION MEETING DATE: June 21, 2000 TO: HONORABLE MAYOR & COUNCIL H - J V FROM: Chuck Sweet. Town Manager David L. Andrews, Finance Director SUBJECT: Public Hearing — Resolution No. (R)00- 63 Adoption of t p eTentative Budget Fiscal Year 2000-2001, Setting the Local Alternative Expenditure Limitation for Fiscal -� Year 2000-2001. SUMMARY: The purpose of this agenda item is for Council consideration and adoption p of the Town's tentative budget for FY 2000-01. Approval of Resolution No. (R)00-63 will also set the local e limitation.limitation. Once the limitation is set. expenditures for the year may not exceed that amount. The Council has the discretion to make changes to the budget prior to final adoption which is scheduled for Jul 19 July . however the total amount of the final budget may not exceed the expenditure limitation as set this evening. The Council also has the authority to modify the budget throughout the fiscal year. ANALYSIS: ,he tentative budget is in an amount of$79,888,557 and includes those modifications dificatlons that were discussed by (he Town Council during the seven budget review sessions that were held between et een May 8 and June 14. The tentative budget is balanced with the following revenues and other financial resources: Revenues $29,113,584 Proceeds from Issuances of Bonds 25.675.000 Cash Reserves 25.099.973 Total Resources $79,888,557 Those financial resources will be used to pay for the followingTown services: Police $6,569.3 72 Streets & Roads Maintenance 2.998,021 Community Development 4,173,512 Public Transportation 440,876 Water Utility 12,902,317 Magistrate Court 423,718 Administration 3.326.288 Land Acquisition 3,075.000 Municipal Debt Service 1,511,211 Capital Improvements Projects 13,887,961 Contingency Reserves 30,580.281 $79,888,557 TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 4 The following is a listing of the funds that comprise the 530.581.281 contingency reserves figure: General Fund 55,438.138 Highway Fund 743,646 Roadway Impact Fees 4,141,395 Alternative Water Resources 1,254.139 Water Connection Fees 9,164,847 Water Utility 6,338,116 Water Utility Acquisition 3,500,000 Total $30,580,281 Staffing The budget contains an increase in staffing of 34.5 positions across the various town services. 221P ositions were approved with adoption of the FY 1999-2000 budget and Council approval of this budget would increase that amount to 255.5 positions. Employee Compensation and Benefits The budget contains a cost of living adjustment (COLA) of 2.5% of salaries, to be effective on July 1. 2000. It iso includes provisions for merit salary increases of up to 5% to be effective on the employee's anniversary date. The Oro Valley Fraternal Order of Police #53 (FOP) represents sworn police department personnel, excluding v civilian police department personnel, commanders (formerly lieutenants) and the ce olichiefpositions. The p proposed compensation for FOP members included in the budget is as follows: COLA—2.5%of salary at July 1, 2000 to be effective July 1. 2000 Pay Parity— 5.38% of salary at July 1, 2000 to be effective July 1, 2000 Step Increases— Based on step system with steps adjusted for the aforementioned COLA andY p a parity Capital Improvements/Land Acquisition The budget includes several significant capital improvements projects: * Dennis Weaver Pool Renovations $1.OM * Library Construction 54.1M (15,000 sq. ft./no shell) * Roadway Impact Fee Improvements $3.3M * Oracle Road Improvement District $2.5M * Naranja State Land Acquisition $3.1M The Oro Valley Water Utility also has $7.7M in improvementJ ro'ects budgeted based on $1.1M in water p g impact fee funds and $6.6M in water revenues. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 3 OF 4 General Fund Several discussions were held during the Council's budget review sessions regarding the balancing of the revenues and expenditures for the General Fund. The following summarizes the status of the budget as presented this evening: Revenues S13,832,904 Expenses 20,508,180* Deficit $6,675,276 * '`One-Time' Expenditures: General Fund Update $193,000 Unfunded CIP Items 300,000 CIP Carryforward Items (Police) 96,700 Water Connection Fees Fund Loan 1,322,500 Dennis Weaver Pool Renovations 1,000,000 Linda Vista Trail Acquisition 25,000 Naranja State Land Acquisition 3,075,000 CIP Carryforward Items (Parks) 82,870 Total One-Time Expenditures $6,095,070 The difference between the $6,675,276 figure and the "one-time" expenditures amount is an estimated recurring deficit of$580,206. It is anticipated that this situation will reverse itself this following fiscal year based on increased state shared revenues, continued construction related revenues and increased retail sales tax collections. ATTACHMENTS: S 1. Resolution No. (R)00- 6 3 Adopting the Tentative Budget and Setting the Local Alternative Expenditure Limitation 2. Schedule A — Summary Schedule of Estimated Revenues and Expenses 3. Schedule C — Summary by Fund Type of Revenues Other than Property Taxes 4. Schedule D — Summary by Fund Type of Other Financing Sources/(Uses) and Interfund Transfers 5. Schedule E — Summary by Department of Expenditures/Expenses within each Fund Type TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 4 OF 4 SUGGESTED MOTION: I move to approve Resolution No. (R)00-63 Adopting the Tentative Budget for Fiscal Year 2000-2001 and Setting the Local Alternative Expenditure Limitation for Fiscal Year 2000-2001 in the amount of $79,888,557. or flP3)3vb155'' I move to approve Resolution No. (R)00-63 Adopting the Tentative Budget for Fiscal Year 2000-2001 and Setting the Local Alternative Expenditure Limitation for Fiscal Year 2000-2001 with the following changes . . . 2)4,11;jJx• C1,-,44,,,,A4, - David L. Andrews Finance Direct 0/144419 Chuck Sweet Town Manager TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: July 19, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: PUBLIC HEARING — APPROVAL OF APPLICATION OF SERIES 10 (BEER & WINE) LIQUOR LICENSE — MINIT MARKET LOCATED AT 1711 E. RANCHO VISTOSO BOULEVRD SUMMARY: An application by Mr. Rodney Herbert and principals has been submitted for a Series 10 Beer and Wine Liquor License at 1711 E. Rancho Vistoso Boulevard for The Minit Market. In accordance with Section 4-201 of the Arizona Revised Statutes, the application was posted for 20 days commencing June 12, 2000 on the premises of the applicants' property. No protests were received during that time. Chief of Police Daniel Sharp has conducted a background investigation on the applicants. He has found no derogatory information on the applicants; therefore, he has no objections to the approval of the Series 10 Liquor icense. ATTACHMENTS: 1. Memorandum from Police Department 2. Liquor License Application SUGGESTED MOTION: I move to approve the request for a Series 10 liquor license for Mr. Rodney Herbert and principals at The Minit Market located at 1711 E. Rancho Vistoso Boulevard. Ce- . -nt He.': Town Manage R lak t POLS. �I .A 11000 N. La Canada Dr. Oro Valley, Arizona 85737 DANIEL G. SHARP, Chief of Police y ° P Phone (520) 742-5474 FAX (520) 797-2616 A .c,� <e A A (kiNDED1 ORO VALLEY POLICE DEPARTMENT "INTEGRITY, PRIDE, EXCELLENCE" To: Kathryn Cuvelier, Town Clerk FROM:. .)aniel G. Sharp, Chief of Police RE: Background Investigation For Liquor License Thurland Reay Family Investment Company Minit Market 1171 E. Rancho Vistoso Blvd. Date: June 26, 2000 On 06/26/2000, the Oro Valley Police Department completed the standard background check on Thurland Reay Family Investment company, Minit Market, and principals, Rodney S. Herbert, Lois L. Reay, Gordon M. Reay, and Crystal Dawn Cruce. Background checks were queried through Pima County, State of Arizona, and the National Crime Information Center. The Individuals listed on the application have no felony records on file with the listed informational, and records systems. On 06/26/2000 Investigators spoke with John Sanders, Special Investigator with the Arizona Department of Liquor Licenses and Control. Mr. Sanders stated he was not aware of any Liquor Violations within his district involving Minit Markets. The Oro Valley Police Department has no objection to the application for Liquor License by Thurland Reay Family Investment Company, Minit Market. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 40,tiglio 800 W Washington 5th Floor 400 W C �,� Congress #150 r Phoenix AZ 85007-;934‘,-, -i' 'i -�-- Tucson AZ 85701-1352 (60_) 54� 5141fs, TA , 10 (520) 628-6595 , , i ...-,&.. i — li .,11 'tin iii « r t -i I a�+1 APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT WITH BLACK INK Notice: Effective Nov.1,1997,All Owners.Agents.Partners.Stockholders.Officers.or Managers actively inv vn of .d in the day to day operations of the business must attend a Department approved liquor law training course orprovideproof of attendance ' five years. See page 5 of the Liquor Licensingrequirements. within the last q SECTION 1 This application is for a: SECTIONownership: 2 Type of ownership: ❑INTERIM PERMIT Complete Section 5 0 J. W T. .R.O.S. Complete Section 6 X► NEW LICENSE Complete Sections 2,3,4,13,14, 15, 16, 17 0 INDIVIDUAL Complete Section 6 ❑PERSON TRANSFER(Bars&Liquor Stores ONLY) 0 PARTNERSHIP Complete Section 6 Complete Sections?3,4,11, 13,15,16,17 Ei CORPORATION Complete ❑LOCATION TRANSFER(Bars and Liquor Stores ONLY) p Section 7 q ❑ 1111VIITED LIABILITY CO. Complete Section 7 Complete Sections 2,3,4,12, 13, 15,16,17 0 CLUB Complete Section 8 ❑PROBA I E WILL ASSIGN 0 GOVERNMENT/DIVORCE DECREEp Complete Section 10 Complete Sections 2,3,4,9,13,15,17(fee not required) 0 TRUST Complete Section 6 ❑GOVERNMENT Complete Sections 2,3 4, 10, 13,15, 16, 17p . 0OTHER Explain SECTION 3 Type of license and fees: LICENSE#: L __ 1. Type of License: 10 2.Total fees attached: $ /DO , APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE)ARE NOT REFUNDABLE. A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) SECTION 4 Applicant: (All applicants must complete this section) Mr. I. Applicant/Agent's Name:Ms. Herbert Rodney S (Insert one name ONLY to appear on license) Last First Ivaddle 2. Corp./Partnership/L.L.C.: Thurland Reay Family Investment Company(Exactly13)00093,as� appears on Articles of Inc.or Articles of Org.) 3. Business Name: M i n i t Market 6 (Exactlyisco(aor-b--- as it appears on the exterior of premises) 4. Business Address: 1 171 E. Rancho Vistoso Blvd Oro ValleyPima 85737 (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: ( 520 ) 825-1727 Residence Phone: (520 749-9250 6. Is the business located within the incorporated limits of the above city or town? OYES LNG 7. Mailing Address: 6565 E. Grant Road Tucson AZ 85715 City State Zip 8. Enter the amount paid for a 06,07,or 09 license: S . (Price of License ONLY) i I DEPART' IEI T N USE ONLY -5 Accepted by: / , t Date: / /V Lic.# //J/') / Fees: /6(-) - S /JO Application Interim Permit Agent Change Club F.Prints TOTAL PROCESSING-APPLICATIONS TAKES APPRO LATELY 90 DAYS. ` AND CIRCUMSTANCES OFTEN RESULT�t A LONGER WAITLNG PERIOD. You ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING,ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 05/1999 *Disabled individuals requiring special accommodation,please call the Department. t SECTION 5 Interim Permit: i i 1. If you intend to operate business while your application is pending you will need an Interim Permit pursuant/to A.R.S.4-203.01. 2. There MUST be a valid license of the same type you are applying for currently issued to the location. 3. Enter the 1ieense number currently at the location. 4. Is the license ciirrently in use? 0 YES 0 NO If no,how long has it been out of use? / ,,,. / ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS AP ICATION. \ I, \ ,declare that I am)he CURRENT LICENSEE of the stated license and (Print full name) \ have read this a licat�o location. I pp and the contents and all statements are true,correct and complete. State of/ County of X \.� Tie foregoing instrument was acknowledged before me this (Signature) day of \ / Day of Month Month Year \l �,/ My commission expires on: / (Signature of NOTARY PUBLIC) \\ / SECTION 6 Individual or Partnership Owners; .\,, f \\ SRM "LIC0101",A AN TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM CARD. // ti 1. Individual: / \\ / \ Last First Isithe %Owned Residence Address City State Zip i Partnership Name:(Only the first partner listed will appear on license) / \ General-Limited Last / First Middle %Owned Residence Address �\ City State LoT gra \ CI ❑ / O 0 / cks \ O 0 / % \ ❑ ❑ % / (ATTACH ADDITIONAL SHEET IF NECESSARY) / 2. Is any person,otherabove, than the goingto share in the profits/losses of the business? 0 YES 0 NO 2 SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EAC{ CARD. Irlirtr7 <CORPORATION Complete questions 1 2 3 S 6, 7 8. '` L ,t- ❑ L.L.C. Complete questions 1,2 4,5, 6, 7 and attach copy of Els of rgjand jh•o n Agreement. 1. Name of Corporation/L.L.C.: Thurland Reay Family Investment Company (Exactly as it appears on Articles of Inc.or Articles of Org.) 2. Date Incorporated/Organized: 19 6 4 State where Incorporated/Organized: Ari z o n a 3. AZ Corporation Commission File No.: 0 65 2 0-3 Date authorized to do business in AZ: 1964 4. AZ L.L.C.File No: Date authorized to do business in AZ: 5. Is Corp./L.L.C.non-profit? 0 YES ENO If yes,give IRS tax exempt number. 6. List all directors/officers in Corporation/L.L.C.: Last First Middle Title Residence Address City State Zip Reay Gordon M President 12115 E. Speedway Tucson, � YAZ 85748 Reay Lois L Secretary 12115 E. Speedway Tucson, AZ 85748 (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10%or more: Last First Middle %Owned Residence Address City State Zip .eay Gordon M 100 12115 E. S•eedwa Tucson, AZ 85748 (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L.L.C.is owned by another entity,attach an ownership,and director/officer/members disclosure for the parent ' entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club APp iicats ' n : EACH PERSON LISTED MUST SUBMIT COMPLETED FORM "LIC01 e , AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACI- CARD. 1. Name of Club: Date Chartered: (Ecactly as it appears on Club Charter) (Attach a copy of Club Charter) 2. Is club non-profit? 0 YES 0 NO If es,give S tax exempt number 3. List officer and directors: List First Middle isle Residence Address Ciro State Zip (/'(ATTACH ADDITIONAL SHEET IF NECESSARY) 3 SECTION 9 Probate Will Assignment or Divorce Decree of an existing Bar or Liquor .:ore: 1. Current Licensee's Name: (Exactly as it appears on license) Last First Middle 2. Assignee's Name: Last First Middle 3. License Type:-\---- License Number Date of Ift Renewal: 4. ATTACH TO S APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTR , OR DIVORCL DECREE THA PECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEEy6 THIS APPLICATION. SECTION 10 Gov rnment: (for cities,towns, or counties only) 1. Person to administer this lieense: / Last First Middle / 2. Assignee's Name: \ Last First/ Middle A SEPARATE LICENSE MUST BRE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED. \ / SECTION 11 Person to Person Tr nsfer: / Questions to be completed by CURREIVL10ENSEE(Bariland Liquor Stores ONLY). ti �/ 1. Current Licensee's Name: ;/ Entity: \ E"ust Addle (Indio.,Agent,etc.) (Exactly as it appears on license) Iasi , 2. Corporation/L.L.C.Name: \ (Exactly as it appears on license)\ / \ 3. Current Business Name: �, (Exactly as it appears on license) \. 4. Current Business Address: //I \ ,. \,, f9 y f 5. License Type: Licaise Number. Last Renewal Date: s 6. Current Mailing Address(other than business): / f / ❑ 0 NO 7. Have all creditors,lien holdersyinterest holders,etc.been notified of this transfer? fa f 8. applicantP Does the intend to/operate erate the business while this application is pending? 0 YE' 0 NO If yes,complete section 5,attach fee,and current license to this application. r e/ 9. I hereby relinquish my rights to the above described license to the applicant named in this app ation and hereby declare that the statements made in this section are true,correct and complete. I, ,declare that I am the CURRENT LICENSEE of the sated license. I have read this (ytint full name) application and the contents and all statements are true,correct and complete. State of County of X The foregoing instrument was•acknowledged before me this (Signature of CURRENT LICENSEE) day of Day of Month Month Year My commission expires on: (Signature of NOTARY PUBLIC) 4 SECTION 12 Location to L•cion Transfer: Bars and Liquor guor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A •CATION TRANSFER UNTIL IT IS APPROVED BY THE mai. 1. Current Business Name and Address: (Exactly as it appears on license) 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: License Number-. \ Last Renewal Date: 4. What date do you plan to move') What date do youP lan to open? P SECTION 13 Questions for all in-state applicants: 1. Distance to nearest school: 15,840 ft. Name/Address of school: Coronado Elementary (regardless of distance) Middle 5 c hoo I 15000 N . Oracle Hwy Oro Valley, AZ 2. Distance to nearest church: 5 00 ft. Name/Address of church: Vistoso Corn m u n i (regardless of distance) ty Church 1200 N. Rancho Vistoso Blvd 3. I am the: LESSEE 0 SUBLESSEE 0 OwNER ❑ o PuRcHR°( pya Irem�I e. e's)A Z if the premises is leased give lessors name and address: Mountain Vista Plaza LLC C/0 1 Town West Realty 4280 N . Campbell Ave. 4212 Tucson, AZ 85718 4a. Monthly rental/lease rate$ 2,138.5 0 . What is the remaining tof the lease? 5 b lengthyrs. 2 IROS. 4b. What is the penalty if the lease is not fulfilled? Lease is lost. D a m a es unspecified. � or o�er • (give details-attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? Does any one creditor represent more than 10%of that sum? 0 YES C3 NO Ifes,list below. Total tai must equal 100%. Last Fust Middle %Owed Residence Address City State Zip (ATTACH ADDmONAL SHEET IF NECESSARY) 6. What type of business will this license be used for?(BE SPECII-IC) Convenience S tore • 7. Has a license,or a transfer license for the premises on this application been denied by the state within the past one(1) year? ❑ YES El NO If yes,attach explanation. 8. Does any spirituous liquor manufacturer,wholesaler,or employee,have any interest in your business?. ❑YES aNO the premises currently licensed with a liquor license? YES ONO If yes, eve license number ' and licensee's name: # 09100001 (Exactiy as it appears on license GordonPP � Reay, Agent Thurland Reay Family Investment Company 5 SECTION 14 Restaurant, or Ho .-M•tel Applicants: or hotel-motel license at th- • oposed location? 0 YES 0 NO If yes,give licensee's name: 1. Is there a valid restaurantP and liensu• Last First e r f. f r � � �.,; �� {mss 3';:�"-'r'1� ����consult ,. t to o erat - lyo t'per g z ... answer toQuestion 1 is YES,you mayqualify for an Interim � p y� 2. If the A.R.S.Section 4-203.01;and complete Section 5 of this applic •n. 3. All restaurant applicants must complete a Restaurant Op- don Plan(Form LIC11144)provided by the Department of Liquor. 4. Do you understand that 40% of your annual gr revenue must be from food sales? 0 YES ❑NO SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL boxes that apply to your licensed premises: L Entrances/Exits C Liquor storage areas ❑ Drive-in windows 0 Patio enclosures ❑ Service windows 0 Under construction:estimated completion date 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. 3 �r The diagram below is the only area where spirituous liquor is to be sold,served,consumed,dispensed,possessed.or stored. Give the square footage or outside dimensions of the licensed premises. DO NOT INCLUDE PARKING LOTS,LIVING QUAR1"bRS,ETC. k4)C L 3 4 V ,[�w J •s v, 1 f 3 E A .P3e114C e { YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDAR" S, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. 6 HAT n roz F fa _ 3 2 53 AiLid SECTION 7 6 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List below the exact names of all churches,schools,andirituous liquorwithin outlets sPthin a one half mile radius of your proposed location. '•2. �F,. 1. Peppermi l l Cafe i} ;-, 2. Jip Sing Restaurant (Appling for B&W Lic) ?;� -;, 3. Vistoso Community Church . NT 4. Double Eagle Grill 5. ' ao 6. C3' 7. r 8. a t o A d 10. `i (I.,?.?.i` 11. \-°‘19-. p 12. Gro 13. 14. 15. (ATTACH ADDMONAL SHEET IF NECESSARY) A=Your business name and identify cross streets. SECTION 17 Signature Block: I, Rodney Herbert declare that: 1)I am the APPLICANT(Agent/Club Member/Partner),makin this (Print name of APPLICANT/AGENT listed in Section 4 Question 1) g application;2)I have read the application and the contents and all statements are true,correct and complete; 3)that this application is not being made to defraud or injure any creditor,taxing authority,regulatory authority,or , spirituous �' 4) that no other person,firm, or corporation, except as indicated, has an interest in the s p ous liquor license for which these statements are made; and 5) that none of the owners, members,officer directors or stockholders listed have been convicted of a felonyin the partners, past five(5)years. X I 4 / State ofAnI z o n._ County Coun of r)'l /V The foregoing instrument was acknowledged before me this ignan.u-e) f-ti q i/daY of /Y' Day of: c;00 M''�''' Year ,z't My commission expires 6 / cGY.�pyres on: / (Sid, .jofNO' •Y PUBLIC) ..: OFFICIAL SEAL• C'''-5. • AMY JO GRANT ♦ M.. •-`s.: *.f4* Ply COMM.Expires Dec.14,2001 7 SAMPLE GEOGRAPHICAL DATA In the area adjacent to map provided below indicates your proposed location and the exact names of all churches, schools, and alcoholic beverage outlets within a 1/2 mile radius of your proposed location. (See example below) A = Applicant Series 12 01 Pink Elephants Series 06 02 Mama' s Rest . Series 12 03 Corner Liquors Series 09 04 Joe ' s Groceries Series 10 05 Lions Club Series 14 06 Burgers R Us Series 07 07 Pizza Perfect Series 07 08 Billy Bobs Bar Series 06 1/ Mi . 09 St . Anthonys Church Latrobe 10 St . Anthonys School 1 11 11 Burbank Middle School I 1/2 Lockwood , 4 2 7 1/ Mi . Mi . � Baptist 12 First United Church 12 13 T.•r�1 1111111111118 14 9 10 15 A.R. S . Section 4-207 .A reads as follows : A Mi . issued for anypremises which are. at the time A. No retailers license shall be _ the license application is received by the Director, within three hundred( 300) horizontal feet of a church, within three hundred(300) horizontal feet of a public or private school buildingwith kindergarten programs or any of twelve ( 12 ) . or within three hundred (300 ) horizontal grades one ( 1) through feet of a fenced recreational area adjacent to such school building. •Y ti • '' k, ,► -,`:.. .,�.Mit ist 8 !` i F.F QUESTIONNAIRE 31 12 '3 1:11 QUESTION #14 I am aware of the following violations that Minit Markets e s have been cited for. All violations were due to employees of Minit Markets failing to request ID and sold alcohol to underage persons. Minit Markets were cited and paid the finesincidences. in all incidences. Incident Date Location 03/01/00 Minit Market #17, Golder Ranch Dr., Tucson 12/30/99 Minit Market#15, 105 E. Hwy 70, Safford 07/02/98 Minit Market #17, Golder Ranch � Dr., Tucson 10/24/97 Minit Market#15, 105 E. Hwy 70, Safford 10/24/97 Minit Market#14, 8th Ave. Safford ord 10/24/97 Minit Market#4, 325 E. Hwy70, Pima 05/??/96 Minit Market#8, 94 Bisbee Rd, 4 11111.ios 'odney Herbe', Agent liquor violation notice •w. t T .L10#}a P fl t.F ? QUESTIONNAIRE QUESTION #1617 *. n Hay " ki uu The following individuals were shareholders of Reay's Ranch Markets, Inc. for liquor license numbers 09100232, 10071163, 09100121 10071455, q 10073091, 0910074 and 09100080. Reay's longer in business ory s Ranch Markets, Inc. is no using these licenses. Gordon and Lois Reay Rod Herbert Diane Herbert Craig Reay Susan Collett Richard Couch Debra Edmonson Rodney Herbert is currently a shareholder of Reay's Ranch Investors, LLC for liquor license numbers 10043022 and 10113052. q Rodney Herb ert /.r' liquor shareholders AZ. _ !i.:J.+:, . L i f 1 r D""'r',.r. -1 Z 1R P'Art Iit ':41 Uu QUESTIONNA1PJ _ L,� �' NI E.��.O�'�T ��4 I am aware of the following violations that Minit Markets have been cited for. All violations were due to employees of Minit Marketsfailing Y failing to request ID and sold alcohol to underage persons. Minit Markets were cited andaid the he fines in all incidences. Incident Date Location 03/01/00 Minit Market#17, Golder Ranch Dr., Tucson 12/30/99 Minit Market#15, 105 E. Hwy 70, Safford 07/02/98 Minit Market#17, Golder Ranch Dr., Tucson 10/24/97 Minit Market #15, 105 E. Hwy 70, Safford 10/24/97 Minit Market#14, 8th Ave. Safford fford 10/24/97 Minit Market#4, 325 E. Hwy �� 70, Pima 05/. ./96 Minit Market#8, 94 Bisbee Rd, Bisbee .0 • .42 Irak,.....,• Lois Re.y, S ecretary/Dir for liquor violation notice QUESTIONNAIRE QUESTION #16 AZ. %i 31 12 53 Aid uu The following individuals were shareholders of ' Reay s Ranch Markets, Inc. for liquor license numbers 09100232, 10071163, 09100121, 10071455, q 10073 091, 0910074 and 09100080. Rea 's Ranch Markets, Inc. is no longer in business or using Reay 's sing these licenses. Gordon and Lois Reay Rod Herbert Diane Herbert Craig Reay Susan Collett Richard Couch Debra Edmonson Lois Reay is currently a shareholder of Rea 's y Ranch Investors, LLC for liquor license numbers 10043 022 and 10113052 and the Secretaryand Director for liquor of Thurland Reay Family Investment Co q or license numbers 10110045, 10073280 10103072 10051009, 10100013, 10110062, 10113052, 10043022, 10100286, 09040032, 1005 1005, 09100001, 10103 063, 10110047, 10020036, 10020037, 09110053 and 10051004. Lois Reay was the Secretary and Director for liquor license number 10110046, which is no longer in business. X44:1267°fA at°11° Lois Reay liquor shareholders , 5QUESTIONNAIPMill'E QUESTION 3 '00 #14 I am aware of the following violations that Minit Markets have been cited for. All violations were due to employees of Minit Markets failing�Ilng to request ID and sold alcohol to underage persons. Minit Markets were cited andaid theincidences. fines in all Incident Date Location 03/01/00 Minit Market#17, Golder �,, Ranch Dr., Tucson 12,30/99 Minit Market #15, 105 E. � Hwy 70, Safford 07/02/98 Minit Market #17, Golder � � Ranch Dr., Tucson 10/ �4/97 Minit Market#15, 105 E. Hwy70 , Safford 10/24/97 Minit Market#14, 8th Safford 10/24/97 Ave., Minit Market #4, 325 E. Hwy 70, Pima 05/??/96 Minit Market#8, 94 Bisbee Rd, Bisbee Cordon Reay, Presiden D' ector liquor violation notice 7 l`. Lam. 4_ %t QUESTIONNAIRE QUESTION #16 The following individuals were shareholders of Reay's Ranch Markets, Inc. for liquor license numbers 09100232, 10071163, 09100121, 10071455, � Ranch 10073091,these 0910074 and 09100080. Rea 's anch Markets, Inc. is no longer in business or usingy licenses. Gordon and Lois Reay Rod Herbert Diane Herbert Craig Reay Susan Collett Richard Couch Debra Edmonson Gordon Reay is currently a shareholder of ' Reay s Ranch Investors, LLC for liquor license numbers 10043 022 and 10113052 and theAgent, q ePresident and Director of Thuriand Reay Family Investment Co for liquor license numbers rs 10 110045, 10073280, 10103 072, 10051009 10100013, 10110062, 101 13052, 10043022 10 ' 1002 8 6, 0904003 2, 10051005, 09100001, 10103 063, 10110047, 10020036, 10020037, 09110053 11005 and 10051004. Gordon Reay was the Agent, President and Director for uor li license n bu sinessq umber 10110046, which is no longer in . r >4,174 Gordon Reay liquor shareholders f ! AZ. L l(1!M DEPT IIAY31 IL53 'CO QUESTIONNAIRE QUESTION #14 I am aware of the following violations that ' Minh Markets have been cited for. All violations were due to employees of Minit Marketsfailing falling to request ID and sold alcohol to underage persons. Minit Markets were cited and paid the fines in all incidences. Incident Date Location 03/01/00 Minit Market #17, Golder Ranch Dr., Tucson 12/30/99 Minit Market#15, 105 E. Hwy 70, Safford 07/02/98 Minit Market #17, Golder Ranch Dr., Tucson 10/24/97 Minit Market #15, 105 E. Hwy 70, Safford 10/24/97 Minit Market#14, 8th Ave., Safford 10/24/97 Minit Market#4, 325 E. Hwy 70, Pima 05/??/96 Minit Market#8, 94 Bisbee Rd, Bisbee 0‘ Cry al Cruce, Store Manager liquor violation notice - '•,;V( y `r ., li,o; Jiy`j�?�.tR' *-,• -, i�.^g"' �. "'Y,T- 'lit p. y-$..7.,:i x:`'.i.- .�C"��•`,►p••:' ki 1 trItInR.Fic a.It:111 --- 2! !'. ertificate of Alcohol Management Training tti 2 7 ,-......t 1, iiAl 2 7pflti 2 J-4 - -I: i Please 1.Pnnt / ('-: Name �` f(l� ,_ {` Business Name /. /T cf•� ` �_ 7 Ci•t Trainin Date ' r. `�. / <" ,e/ ;:_ {: i' Instructor `• ED On-Sale Off-Sale CI Concession Management Valid for 2 years from date of issue. Business Council for Alcohol Education t I:: 500 East Thomas Road,Suite 100,Phoenix,AZ 85012 .285-1396 is ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL oiamoo800 W Washington 5th Floor :.-•�...t 400 W Congress #150 Phoenix AZ 85007 Tucson AZ 85701 5�-2- 1 R . _�: _ .� # istt .�•(602) 41 -,z. ,... AZ. , (520) b28-b595 is COMPLETED ALC.OH:OL...TRA ,ING PROG. �AM�� •:; OBTAIN ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY,DOCUMENT IS COMPUTER SCANNED. TYPE OR PRINT WITH BLACK INK. ALCOHOL.TRA!NING PROGRANU NDIVIDUAL:-INFORM TION e., c1 Individual Name(Print) eAlat(\LI Individual Signature TYPE OF TRAINING COMPLETED -oar 9.cl aAStC Date Training Completed 231, MANAGEMENT ':.4 OFF SALE C OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: - 1-c\o-Q_s-ywzN . N/1.; ; -‘- k9,t\to__-k- /es NAME OF THE LICENSEE BUSINESS NAME LIQUOR LICENSE NUMBER ALCOHOL TRAINING•PROGRA PROVIDERINFOR ATION: Business Council for Alcohol (B.C.A.E.) Company or Individual Name 500 EastThomas Road # Address Phoenix Arizona 85012 (602) 285 1396 City State Zip Phone I Certify the above named individual has successfully completed the specifiedprogram(s). P T. J. Kuhn Trainer Name(Print) - Dz, ) • gainer Signature Date ainer of a oriainal of completed form to trainee. photocopy and maintain com.leted document for our records. Mandatory Liquor Law Training for all new applications submitted after Nov. 1, 1997. A.R.S.of the Liquor License Training Courses is required at the issuance of a licenses Section 4 112(G)(2). The person(s)required to attend both the Basic Liquor Law and Management Training,g g (either on-sale or off-sale),will include all of the following vner(s), licensee/agent or manager(s)WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. roof of attendance within the last five years for the required courses must be submitted to the Department before the license application is complete. pp considered Before acceptance of a Managers Questionnaire and/or Agent Change for an existing license o proof of attendance for the Basic Liquor Law and Management Training(either on-sale or off-sale)will be required. LIC 1021 01/98 Disabled individuals requiring special accommodations please call(602)542-9051 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: July 19, 2000 TO: HONORABLE MAYOR& COUNCIL FROM: Michael Shanley, Planner SUBJECT: PUBLIC HEARING—ORDINANCE NO. (0) 00-25 CONDITIONAL USE PERMIT OV8-00-04 REQUEST TO SERVE ALCOHOLIC BEVERAGES AT RISKY BUSINESS BAR AND GRILL WITHIN THE ROONEY RANCH SHOPPING CENTER AT THE SOUTHWEST INTERSECTION OF FIRST AVENUE AND ORACLE ROAD INTRODUCTION: Risky Business is a Sports Restaurant and Bar that plans to lease 4773 SF of interior space and additional patio area in the Oro Valley Retail Center(AKA. Rooney Ranch Shopping Center). The address is 10515 North Oracle Road, in the tenant location adjacent to Pusch View Lane, within the same building that Sleep America, Famous Footwear, and additional tenants have recently occupied. BACKGROUND: The parcel is a 39.5 acre site know as "Area D"within the Rooney Ranch Oro Valley Center PAD which has grown considerably in the last 12 months. Recently, retail businesses have opened including Target, Pizza Hut, Wells Fargo Bank, fast food restaurants, gas station, and an automotive service center. As of today, only Pizza Hut serves beer and Rubio's Baja Grill will be applying for a liquor license in the future. Rubio's is the latest addition to the area and is relatively close to the proposed Risky Business Sports Bar& Grill. In this case,the application includes serving beverages outside on a private patio area, which will be enclosed by a block wall and covered with a canvas canopy. The noise impact is expected to be minimal since neither loud speakers nor musical entertainment will be utilized. GENERAL PLAN COMPLIANCE: Economic Development Policies of the General Plan Section 4.3.4 outline as a goal, long-term financial and economic sustainability for the Town. The proposed use supports Policy 3.1D,promoting a diverse economic base to reduce dependence on revenues from growth and Policy 3.1E, for the attraction of retail and service businesses in under-represented categories. The proposed use is in conformance with the Town of Oro Valley General Plan. SURROUNDING LAND USE: North: First Avenue, Rooney Ranch Parcel B (Home Depot, etc.), zoned- PAD East: Oracle Road, Vacant Land, and Zoned- R1-144 West: Canada del Oro Wash, Vacant Land, Zoned - Open Space South: Offices, Apartments and Future Day Care Center, Zoned—PAD TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 COMPLIANCE WITH OVZCR ARTICLE 3-2, USE PERMITS: Use permits may be granted when the determination has been made that the granting of such conditional use permit will not be materially detrimental to the public health, safety or welfare. The OVZCR includes several criteria. The following criteria are of particular significance: 1. Damage or nuisance arising from noise. smoke, odor, dust, vibration or illumination; This application includes serving beverages outside on a private patio area, which will be enclosed by a 4 ft. high block wall and covered canvas canopy. The use may create noise impacts on the apartments to the south. However, the applicant has stated that neither live musical entertainment nor loud speakers will be utilized. A condition of approval has been added to address this. 2. The proposed use is reasonably compatible with the types of uses permitted in the surrounding area as required in Sec. 3-201B. The following is applicable: • The orientation and distance (approximately 500') from the apartment complex will help buffer potential impacts from patio dining. • The potential impacts are not greater than existing commercial activity in the area, with the exception of a possible increase in late night traffic and the patio use. • Conditions included as part of the CUP approval may help to mitigate the potential noise associated with an outdoor restaurant. PUBLIC NOTIFICATION AND COMMENT: All property owners within 600 feet of the site were notified and this item was posted and published in an appropriate manner. Additionally, Public Notice was posted at Town Hall for this hearing and also in the Territorial Newspaper. Upon completion of this report, staff had not received any public comment. PLANNING AND ZONING COMMISSION ACTION On June 6, 2000, the Commission recommended approval of the Conditional Use Permit(CUP) by a 4-0 vote with the recommended conditions included in Exhibit"A"herewith. These conditions are primarily oriented toward mitigation of potential noise and light pollution impacts. SUMMARY: The PAD zoning for Parcel "D" is equivalent to the OVZCR designation of C-1. Within C-1, a CUP is required for all restaurants serving alcoholic beverages per Article 8-2 of the OVZCR. The applicant is applying for a CUP from the Town and a Series 12 Liquor License from the State of Arizona. F:\OV\OV8\8-00-04\TCRPT.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 3 RECOMMENDATION: Staff has reviewed the request for a conditional use permit for compliance with the General Plan and Article 3-2, Use Permits, and recommends approval with the conditions shown in Exhibit"A". SUGGESTED MOTIONS: I move to approve Ordinance No. (0) 00- 25 , OV8-00-4, a Conditional Use Permit to serve alcohol beverages at the Risky Business Restaurant, with the conditions listed in Exhibit A, attached herewith. OR I move to approve Ordinance No. (0) 00- 25 , OV8-00-4, a Conditional Use Permit to serve alcohol beverages at the Risky Business Restaurant,with the conditions listed in Exhibit A, attached herewith, and the following added conditions: OR I move to deny Ordinance No. (0) 00-25 , OV8-00-4, a Conditional Use Permit to serve alcohol beverages at he Risky Business Restaurant, finding that Attachments: 1. Ordinance 2. Exhibit"A" 3. P &Z Commission Minutes 6.L. Plannin• . d ZoningAdministrator Comm. - ,- Devel ent Directo gt441 Town Manager F:\OV\OV8\8-00-04\TCRPT.doc EXHIBIT "A" OV8-00-04 CONDITIONS FOR CONDITIONAL USE PERMIT APPROVAL RISKY BUSINESS RESTAURANT & BAR 1. Noise from the patio area may not adversely impact neighboring businesses and residential areas. 2. Conditional Use Permit may be revocable per Sec. 3-201 OVZCR, and shall be stamped by the Town Clerk and encased in plastic or otherwise framed, and posted at all times on the premises. 3. Neither loudspeakers nor entertainment will be allowed on the outside patio area. 4. Outside lighting shall be low height, fully shielded, and directed only to the tables and work areas so as not to spill outside of the patio. ORDINANCE NO. (0)00-25 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, FOR A CONDITIONAL USE PERMIT TO SERVE ALCOHOLIC BEVERAGES WITHIN THE ROONEY RANCH RETAIL CENTER AT THE SOUTHWEST INTERSECTON OF FIRST AVENUE AND ORACLE ROAD AT A FUTURE RESTAURANT KNOWN AS RISKY BUSINESS. WHEREAS, Risky Business Restaurant and Bar has requested a Conditional Use Permit (CUP) to serve alcoholic beverages with an Arizona Series 12 Liquor License near the southwestern intersection of First Ave. and Oracle Rd. in the building located at 10515 North Oracle Road and WHEREAS, the Planning and Zoning Commission, reviewed said CUP at a duly noticed Public Hearing, in accordance with State Statue, and having made its recommendations to the Town Council; and WHEREAS, the Oro Valley Town Council has duly considered the CUP with added conditions at a Public Hearing and finds that it is consistent with the Town's General Plan, and other Town ordinances, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. That the CUP for serving alcoholic beverages per Article 8-2 of the OVZCR be granted, and that all applicable development standards in the Oro Valley Zoning Code Revised and the conditions attached as Exhibit"A" shall apply thereto to said property. SECTION 2. That all ordinances and parts of ordinances in conflict herewith be repealed to the extent of such conflict. SECTION 3. That this ordinance and the various parts thereof are hereby declared to be revocable. If any section, sub-section, sentence, clause, word or phrase of this ordinance is, for any reason,held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. F:\OV\OV8\8-00-04\TC ORDINANCE.doc ORDINANCE NO. (0)0O25 (continued) PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 19th day of July, 2000. Paul H. Loomis,Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley,Town Attorney F:\OV\OV8\8-00-04\TC ORDINANCE.doc r MINUTES PLANNING AND ZONING COMMISSION REGULAR SESSION JUNE 6,2000 TOWN COUNCIL CHAMBERS 11,000 N.LA CANADA DRIVE CALL TO ORDER : at 6:12 p.m. ROLL CALL PRESENT: Acting Chair,Vice Chair Wiant Commissioner Partridge Commissioner Ruble Commissioner Moody EXCUSED: Chair Douglas Commissioner Briggs Commissioner McCook ALSO PRESENT: Mayor Loomis Bryant Nodine,AICP, Planning and Zoning Administrator Shannon Ritchie, Administrative Secretary MINUTES MOTION: Commissioner Moody MOVED to approve the minutes of the May 2,2000 Planning and Zoning Commission. Motion carried by a 4-0 vote. 2. RISKY BUSINESS RESTAURANT & BAR CONDITIONAL USE PERMIT REQUEST TO SERVE ALCOHOLIC BEVERAGES WITHIN THE ROONEY RANCH SHOPPING CENTER AT THE SOUTHWEST INTERSECTION OF FIRST AVENUE AND ORACLE ROAD Mr.Nodine, AICP reported that Risky Business is a Sports Restaurant and Bar that plans to lease 4773 sf of interior space and additional patio area in the Oro Valley Retail Center(aka Rooney Ranch Shopping Center). The address is 10515 N. Oracle Road, in the tenant location adjacent to Pusch View Lane, within the same building that Sleep America, Famous Footwear, and additional tenants have recently occupied. Mr.Nodine,AICP, added that all property owners within 600 feet of the site have been notified of the public hearing. As of the submission of this report, no comments had been received. Mr.Nodine, AICP explained that staff had recommended approval with the conditions shown in Exhibit "A". In response to Commissioner Moody's question, Mr. Nodine, AICP explained that Pizza Hut serves beer and Rubio's is planning to apply for a liquor license to serve beer. Commissioner Ruble expressed his concern that the surrounding neighbors would like to see the lighting issue addressed. Mr. Nodine, AICP agreed and stated that the lighting issue will be addressed. He added that the Commission could, at this time, add a condition to the conditional use permit. He explained that the Code would be followed. Mr. Nodine, AICP suggested that an added condition could be that the light standard be as low as possible, and be directed to illuminate the immediate patio area and be shielded. In response to Commissioner Moody's question, Mr.Nodine, AICP explained that the proper term to use is shielded. PUBLIC HEARING OPENED Bob Raynor, owner of Risky Business stated that they are not only a sports bar but they are a restaurant known for their great food. He explained that a wide variety of food is served. The restaurant does not have any pool tables or live entertainment,just great food. Mr. Raynor distributed a menu to the Commissioners. PUBLIC HEARING CLOSED MOTION: Commissioner Ruble MOVED to recommend approval of OV8-00-04,a conditional use permit to serve alcoholic beverages at Risky Business Restaurant and Bar with the conditions depicted in Exhibit "A" and the following added of outside shielded lighting conditions. Motion carried by a 4- 0 vote. • M TOWN OF ORO VALLEY d. COUNCIL COMMUNICATION MEETING DATE: July 19, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: PUBLIC HEARING — APPROVAL OF APPLICATION OF SERIES 12 (RESTAURANT) LIQUOR LICENSE — RISKY BUSINESS LOCATED AT 10515 N. ORACLE ROAD, SUITE 185 SUMMARY: An application by Mr. Robert Raynor and principals has been submitted for a Series 12 Restaurant Liquor License at 10515 N. Oracle Road, Suite 185 for"Risky Business." In accordance with Section 4-201 of the Arizona Revised Statutes, the application was originally posted for 20 days commencing June 5, 2000 on the premises of the applicants' property. The property was reposted on June 29, 2000 for an additional 20 days, due to the premature removal of the original posting by some one other than Town staff. No protests were received during those time periods. Chief of Police Daniel Sharp has conducted a background investigation on the applicants. He has no objections o the approval of the Series 12 Liquor License. ATTACHMENTS: 1. Memorandum from Police Department 2. Liquor License Application SUGGESTED MOTION: I move to approve the request for a Series 12 liquor license for Mr. Robert Raynor and principals at "Risky Business" located at 10515 N. Oracle Road, Suite 185. C44.44.1444,1 D- -.rt lent Head Town Manager . w`4.• PSL EY q R f2A 0 ) tit <2.." 2 7♦'l R. . 11000 N. La Canada Dr. � • p Oro Valley, Arizona 85737 DANIEL G. SHARP, Chief of Police x Phone(520) 742-5474 FAX(520) 797-2616 .41Cr.1 VNDED1 ORO VALLEY POLICE DEPARTMENT "INTEGRITY, PRIDE, EXCELLENCE" To: Kathryn Cuvelier, Town Clerk FROM: niel G. Sharp, Chief of Police RE: Background Investigation For Liquor License Outpost Investment#999, Inc. `Risky Business' Date: June 16,2000 On 06/22/2000, the Oro Valley Police Department completed the standard background check on Outpost Investments #999, Inc., `Risky Business', and principals Robert Keating Raynor, and Jonathan Phillip Alubowicz. Background checks were queried through Pima County, State of Arizona, and the National Crime Information Center. The Individuals listed on the application have no felony records on file with the listed informational, and records systems. Mr. Jon Alubowicz listed an alcohol related arrest on his application, The case was disposed by Tucson City Court on 01/14/2000, Mr. Alubowicz received 12 months of unsupervised probation. A review of calls for service for the past 12 months to `Risky Business' 6866 E. Sunrise Drive, by the Pima Sheriff's Department, are listed as follows; Assaults/Fights 2 Disturbance/Noise 1 Failure to pay 2 Theft 1 The Oro Valley Police Department has no objection to the application for Liquor License by Outpost Investments #999, Inc., `Risky Business'. i'vriy :-ev,:i-;:irl _;,--.-, !vv, ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL ,..v.ilmei ‘40800 W Washington 5th Floor ,., `;�► 400 W Congress#150 Phoenix AZ 85007-2934 ;, 4it f;,, Tucson AZ 85706352 (602) 542-5141 .446,0 '� (520) 62$659 .z[u 7, . 1 A -.-.°� APPLICATION FOR LIQUOR LICENSEFri r ' In ~� --- ,I. Ln LES _ TYPE OR PRINT WITH BLACK INK • L r.TTC:7'1r n(i___-_-_, Notice: Effective Nov.1,1997,All Owners,Agents,Partners,Stockholders,Officers,or Manat ers actively inil d inle dii tO day operations of the business must attend a Department approved liquor law training course or provide proof of attelidahie withiA the last five years. See page 5 of the Liquor Licensing requirements. --' N SECTION 1 This application is for a: SECTION 2 Type of ownership: / . ❑INTERIM PERMIT Complete Section 5 0 J.T.W.R.O.S. Complete Section 610jp,1/4C\) ZNEW LICENSE Complete Sections 2,3,4,13,14, 15, 16,17 0 INDIVIDUAL Complete Section 6 ❑PERSON TRANSFER(Bars&Liquor Stores ONLY) 0 PARTNERSHIP Complete Section 6 e1 Complete Sections 2,3,4, 11, 13,15,16,17 ErCORPORATION Complete Section 7 ❑LOCATION TRANSFER(Bars and Liquor Stores ONLY) ❑LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2,3,4, 12, 13,15,16,17 0 CLUB Complete Section 8 ❑PROBATEJWILL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Complete Section 10 Complete Sections 2,3,4,9, 13,15,17(fee not required) 0 TRUST Complete Section 6 ❑GOVERNMENT Complete Sections 2,3,4,10,13,15,16,17 0 OTHER Explain SECTION 3 Typeof li4cense and fees: LICENSE#. I O332rs. 03r1� (00 0 1. Type of License: R l S 1 .1 2.Total fees attached: $ I L , 0 0 APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE)ARE NOT REFUNDABLE. A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) SECTION 4 Applicant:(All applicants must complete this section) I CD1 I 6 5- 0 1. Applicant/Agent's Name.Ms. R f4 ; N o R Ro C3 q 1),--r A•--T 1 1..) G (Insert one name ONLY to appear ce license) Last First Middle 2. ./Partnership/L.L.C.: 0 U Y P O S N V E S T m G P-I S q c( ci pc . 1.910A4rj 51, (Exactly as it appears on Articles of Inc.or Articles of Org.) 3. Business Name: R is r;' Bu _c ‘i N E S S 0/ DA +641 (Exactly as it appears on the exterior of premises) 4. Business Address: j Ci iLi . Of Lie STE. I R O 1k 0 VALLr`-i F i M A 81-72-7 (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: (S2 0 ) a G P _ 2 SOO Residence Phone: (SAO ) g —2 G cf q 6. Is the business located within the incorporated limits of the above city or town? DYES ONO 7. Mailing Address: 1 0L [ P D. L L S 0 N (f) Z • J S City State Zip 8. Enter the amount paid for a 06,07,or 09 license: $ . (Price of License ONLY) DEPARTMENT USE ONLY Accepted by: Date: 5i013/61) !,9-4035-1-n— Fees: Lac.#I $ I `f-6 . Application Interim Permit Agent Change Club F.Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS,ANI)CIRCUMSTANCES OFTEN RESULT 1N A LONGER WAITING PERIOD YOU ARE CAUTIONED REGARDING PLANS FOR A(GRAND OPENING,ETC.,BEFORE FINAL APPROVAL ANI)ISSUANCE OF mi:LICENSE. 1.1C 01(H)05/1999 *Disabled individuals requiring special accommodation,please call the Department. SECTION 5 Interim Permit: 1. IfY ou intend to operate business while your application is pending you will need an Interim Permit pursuant to A.R.S.4-203.01. 2. There MUST be a valid license of the same type you are applying for currently issued to the location. 3. Enter the license number currently at the location. 4. Is the license currently in use? 0 YES 0 NO If no,how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. I ,declare that I am the CURRENT LICENSEE of the stated license and (Print full name) location. I have read this application and the contents and all statements are true,correct and complete. State of County of x The foregoing instrument was acknowledged before me this (Signature) day of Day of Month Month Year My commission expires on: (Signature of NOTARY PUBLIC) SECTION 6 Individual or Partnership Owners: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EA^•H CARD. 1. Individual: Last First Middle %Owned Residence Address City State Zip Pattnership Name:(Only the first partner listed will appear on license) General-Limited Last First Middle %Owned Residence Address City State Zip ❑ ❑ O 0 �. O 0 ❑ ❑ °I. (ATTACH ADDITIONAL SHEET IF NECESSARY) 2. Is anyperson,other than the above,going to share in the profiMosses of the business? 0 YES 0 NO 2 SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACI CARD. CORPORATION Complete questions 1,2,3,5, 6, 7, 8. ❑ L.L.C. Complete questions 1,2,4,5,6, 7 and attach copy of Articles of Org.and Operation Agreement. 1. Name of Corporation/L.L.C.: O U T Po S rT J- U e S 7 r j N TS q99} (Exactly as it appears on Articles of Inc.or Articles of Org.) 2. Date Incorporated/Organized: / q State where Incorporated/Organized: eRIZO A 3. AZ Corporation Commission File No.: O7ci7I Date authorized to do business in AZ: )t q a 4. AZ L.L.C.File No: Date authorized to do business in AZ: 5. Is Corp./L.L.C.non-profit? 0 YES MO If yes,give IRS tax exempt number 6. List all directors/officers in Corporation/L.L.C.: Last First Middle Title Residence Address City State Zip 1r -(L'cr\ RoR f T i-c C-. , pRE_S 60S v ' P) P;1 f Tui-6c N Pt7 - g 71 (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10%or more: Last First Middle Owned Residence Address City State Zip Pf-Lit ) RO5R-1- - Ob .VCE i Ate TL)C--sCr---) frz . 817fr (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L.L.C.is owned by another entity,attach an ownership,and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACI CARD. 1. Name of Club: Date Chartered: (Exactly as it appears on Club Charter) (Attach a copy of Club Charter) 2. Is club non-profit? 0 YES ❑NO If yes,give IRS tax exempt number. 3. List officer and directors: Last First Middle Title Residence Address City State Zip (ATI'ACI I ADDMONAL SILT.E1'IF NECISSARY) SECTION 9 Probate,Will Assignment or Divorce Decree of an existing Bar or Liquor Store: 1. Current Licensee's Name: Middle (Exactly as it appearson license) Last First 2. Assignee's Name: Last First Middle 3. License Type: License Number: Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. SECTION 10 Government: (for cities,towns, or counties only) 1. Person to administer this license: Last First Middle 2. Assignee's Name: Last First Middle A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED. SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE(Bars and Liquor Stores ONLY). 1. Current Licensee's Name: Entity: (Exactly license)it appears on licee) Last First Middle aridly.,Agent,etc.) 2. Corporation/L.L.C.Name: (Exactly as it appears on license) 3. Current Business Name: (Exactly as it appears on license) 4. Current Business Address: 5. License Type: License Number: Last Renewal Date: 6. Current Mailing Address(other than business): 7. Have all creditors,lien holders,interest holders,etc.been notified of this transfer? 0 YES 0 NO 8. Does the applicant intend to operate the business while this application is pending? 0 YES 0 NO If yes,complete section 5,attach fee,and current license to this application. 9. I herebyrelinquish myrights to the above described license to the applicant named in this application and hereby declare that the statements 9 � made in this section are true,correct and complete. I ,declare that I am the CURRENT LICENSEE of the stated license. I have read this (Print full name) application and the contents and all statements are true,correct and complete. State of County of X The foregoing instrument was acknowledged before me this (Signaturr of CURRENT LICENSEE) day of Day of Month Month Year My commission expires on: (Signature of NOTARY PUBLIC) 4 SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. 1. Current Business Name and Address: (Exactly as it appears on license) 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: License Number: Ia.st Renewal Date: 4. What date do you plan to move? What date do you plan to open? SECTION 13 Questions for all in-state applicants: 1. Distance to nearest school: 22R ft. Name/Address of school: PA c-o U►= PF- C i-LR I'S 7/ A (regardless of distance) g•CCC f`-) f4c--(-_E ocao VALLF 2. Distance to nearest church: ``�2 a ft. Name/Address of church: U N T`' C-N t) ( (-I (regardless of distance) M�S�, a►� ��� Ia.Sp t1-�-p,,�c� • s o s o � r — L. 3. I am the: Pi I.SSEE 0 SUBLESSEE 0 OWNER 0 PURCHASER(of premises) S5737 4. If the premises is leased give lessors name and address: fa(C.-L-R" GReop C' 10 r4 i i('D 1)1-1 f ) Pt— • . . CP 4a. Monthly rental/lease rate$ ) 0,7 fl i . What is the remaining length of the lease? I 0 yrs. -- c — mos. 4b. What is the penalty if the lease is not fulfilled? $ or other F O R (Ove details-attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ l© — Does any one creditor represent more than 10%of that sum? 0 YES 2 NO If yes,list below. Total must equal 100%. Last First Middle %Owed Residence Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for?(BE SPECIFIC) ft S T f\ v R A P-r 7. Has a license,or a transfer license for the premises on this application been denied by the state within the past one(1)year? 0 YES I NO If yes,attach explanation. 3. Does any spirituous liquor manufacturer,wholesaler,or employee,have any interest in your business? DYES EN NO 9. Is the premises currently licensed with a liquor license? 0 YES NO If yes,give license number and licensee's name: # (Exactly as it appears on license) • SECTION 14 Restaurant,or Hotel-Motel Applicants: L Isthere a valid restaurant or hotel-motel license at the proposed location? 0 YES NO If yes,give licensee's name: and license#: Last First Middle 2. If the answer to Question l is YES,you may qualify for an Interim Permit to operate while your application is pending;consult A.R.S. Section 4-203.01;and complete Section 5 of this application. PP 3. All restaurant applicants must complete a Restaurant Operation Plan(Form LIC0114)provided by the Department of Liquor. that 40% of your annual gross revenue must be from food sales? CO YES ❑NO 4. Do you understand SECg SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL boxes that apply to your licensed premises: a Entrances/Exits ! Liquor storage areas ❑ Drive-in windows igi Patio enclosures ❑ Service windows El Under construction:estimated completion date lo 1 ji 0 0 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. g�- 3. The diagram below is the only area where spirituous liquor is to be sold,served,consumed,dispensed,possessed,or stored. Give the square footage or outside dimensions of the licensed premises. e( G QUARTERS,ETC. ' I DO NOT INCLUDE PA�F�NG LOTS,LTVIN Q / t �,� ;ii;))4 � y i z`r cCNr ` ,, Al , , a >> C 1 I ' o Lliocr SA-CT-0,S —- L �+ z(s� Os :If..... -, �e d ,' .�. 1 1 114 h I •At lroil «_• ' ' �- 8 _ ith. ',4 ,. • M v .44i; C\I ' .. n 1, 11,; is as 1 II . i • . -------.....-;.:.,/, i i 1 _ ___ _____. • _.,_, ii4 i • • IItI1lIM ► ii al .r. . = er 0) -1 •: 1,!t. er •----Arci ♦ ♦ 0 ilerjam; n in n , I 51 *P ::-. .•:.¢ i fit : M. n VI n 7- li r -� cizi 0 Is .1 Li4 . , "(4,mi," 7...: . 7.7. ...-. n n elPil. ept 1. C.!,- b•,4 byv ••-6 . L;1 - gatimut nnn F-J,..1 a-8 � 1 .. r ® mg nn ,................... 1, i �, 1 . Eiv,e,r9e,\Cyin ..,_0 \-e--.....,/ ____:-.— E-f-',A- Ko r, Eni-c-ac1C Z. t . L _,K_ g v, . , ,„,,,, b\o e,ic ci.A\a S-A-u cc,0 w di-t,‘ I GL)rou3 o ,-\ \-\-e-S o._-*- Qa c h e_f d . YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARicS, XITS OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. ENTRANCES, E , 6 SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. 1,ist below the exact names of all churches,schools,and spirituous liquor outlets within a one half mile radius of your proposed location. 1. FRYS -SERFs 9' 2. RL.,11°s gPs-TP 6p, 1-. ---CE-Pia- 12 NT 3. ( IA-0T ERg 10 4. P i --2.-.2_A- H 0T-3F-22A F_s /2 5. .\ -9 6. C, q 7. Z ‹` C''. 0 8. 1 \'\ t/ 9. x 3 .4rd 10. U 11. �. 12. 0 13. 14. . 15. (ATTACH ADDITIONAL SHEET IF NECESSARY) A=Your business name and identify cross streets. SECTION 17 Signature Block: _ 1 I, C:40BER 1 l F ii' P 6 ft`7'ti OR,declare that: 1)I am the APPLICANT(Agent/Club Member/Partner),making this (Print nam of APPLICANT/AGENT listed in Section 4 Question 1) application;2)I have read the application and the contents and all statements are true,correct and complete; 3)that this application is not being made to defraud or injure any creditor,taxing authority,regulatory authority,or transferor,4)that no other person,firm,or corporation,except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that none of the owners, partners, members,officers,directors or stockholders listed have been convicted of a felony in the past five(5)years. C.- ------------ 9&C� State of (� R l 20 N1 County of P 1 f P X' The_ foregoingday instrumof ent wascknowledged before me this (Sig tune) Oao(M• th Month Year ,.�. ,r Ci-FICIAL SE.L $ ' • :....: ..;, J �, •E.CO,0 oi t /.(s—C: \ -, My commission expires on: jr,...: ..... . 6L� - / -' Pirna Co.,Arizona`Lq ' 1 of NOTARY PUBLIC) . . My Comm.Exp.Oct.25200e--- 7 SAMPLE GEOGRAPHICAL DATA In the area adjacent to the map provided below indicates your proposed locati and the exact names of all churches , schools , and alcoholic beverage outlets within a 1/2 mile radius of your proposed location. (See example below) A = Applicant Series 12 01 Pink Elephants Series 06 02 Mama ' s Rest . Series 12 03 Corner Liquors Series 09 04 Joe ' s Groceries Series 10 05 Lions Club Series 14 06 Burgers R Us Series 07 07 Pizza Perfect Series 07 08 Billy Bobs Bar Series 06 1/ Mi . 09 St . Anthonys Church Latrobe 3 10 St . Anthonys School 1 C 11 E 11 Burbank Middle School ►N 1/ Mi . Lockwood T 4 2 7 1/ Mi . 12 First United Baptist Church 12 4cor 13 Lnrp l F L8 14 9 10 15 A.R. S . Section 4-207 .A reads as follows : Y Mi . A. No retailers license shall be issued for any premises which are. at the time the license application is received by the Director, within three hundred(300) horizontal feet of a church, within three hundred(300) horizontal feet of a public or private school building with kindergarten programs or any of grades one (1) through twelve (12 ) . or within three hundred (300 ) horizontal feet of a fenced recreational area adjacent to such school building. 8 /iJoo �NY,�„� k¢t,a� � 7L50 .p.`. �; �� 10: 2� LeA,..„ 1L G�- kL ie-c411,- 4 . . . . C 'Y 1 a Li2L,L, E . HO. )7irc. -H--i,cwi' 71(s_ . _ cy6/a Icur� J /1 � 1 �, � 03,3LVJ ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL �4;.::�`��� 4()() W Congress#150 800 W Washington 5th Floor ? g : M� ; f4st Tucson AZ 85701-1352 Phoenix AZ 85007-2934 ; ,�_(602 542-5141 �' ;- n (520) 628-6595 HOTEL-MOTEL ; D�,r_RyniST-417J. NT LICENSES RECORDS REQUIRED FOi AMU OD S' RIES #11 & #12 LICENSES MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS In the event of an audit, you will be asked to provide to the department any documents necessary to determine compliance with A.R.S. 205.02.G. Such documents requested may include however, are not limited to: 1. All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises. If you do not have all food or liquor invoices, please contact your vendors immediately and request copies of missing invoices. These must be available for pick-up at the time of the Audit Interview Appointment. If all food invoices are not available at that time, you may not be given credit for all food sales. 2. A list of all food and liquor vendors Ot1/4'\ 3. The restaurant menu used during the audit period 4. A price list for alcoholic beverages during the audit period 5. Mark-up figures on food and alcoholic products during the audit period 6. A recent, accurate inventory of food and liquor (taken within two weeks of the Audit Interview Appointment) 7. Monthly Inventory Figures - beginning, and ending figures for food and liquor 8. Chart of accounts (copy) 9. Financial Statements-Income Statements-Balance Sheets 10. General Ledger A. Sales Journals/Monthly Sales Schedules 1) Daily sales Reports (to include the name of each waitress/waiter, bartender, etc. with sales for that day) 2) Daily Cash Register Tapes - Journal Tapes and Z-tapes 3) Guest Checks 4) Coupons/Specials 5) Any other evidence to support income from food and liquor sales B. Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled checks 11. Tax Records A. Transaction Privilege Sales, Use and Severance Tax Return (copies) B. Income Tax Return - city, state and federal (copies) C. Any supporting books, records, schedules or documents used in preparation of tax returns LIC1013 11/1008 12. Payroll Records A. Copies of all reports required by the State and Federal Government B. Employee Log (A.R.S. 4-119) C. Employee time cards (actual document used to sign in and out each work day) D. Payroll records for all employees showing hours worked each week and hourly wages The sophistication of record keeping varies from establishment to establishment. Regardless of p . each licensee's accounting rimethods, the amount of gross revenue derived from the sale of food and liquor must be substantially documented. REVOCATION OF YOUR LIQUOR LICENSE MAY OCCUR IF YOU FAIL TO COMPLY WITH A.R.S. 210.A.7. AND A.R.S. 205.02.G. A.R.S. 210.A.7. The licensee fails to keep for two years and make available to the department upon reasonable request all invoices, records, bills or other papers and documents relating to the purchase, q sale and delivery of spirituous liquors and, in the case of a restaurant or hotel-motel licensee, all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of food. A.R.S. 205.02.G. For the purpose of this section: 1. "Restaurant" means an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. 2. "Gross revenue" means the revenue derived from all sales of food and spirituous liquor on the licensed premises, regardless of whether the sales of spirituous liquor are made under a restaurant license issued pursuant to this section or under any other license that has been issued for the premises pursuant to this article. I, (print Licensee/Agent's Name): R_ Last First Middle have read and fully understand all aspects of this statement. ACKNOWLEDGED BEFORE ME X . \ \ this I day of (Signature of i ensee/A_ent) Day of Month Month Year My commission Expires Ytr --_. c ►�....-� � th smear Signature of NOTARY PUBLIC) 44 .JENNIFER E.cora al` NOTAPv c ; oto Co.,Arizona MAKE A COPY 0 '61-- 1 1 '." ' AND TEEP IT WITH YOUR DLLC RECORDS ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL do..144% 400 W Congress#150 800 W Washington 5th Floor ":- 1•1. Phoenix AZ 85007-2934Tucson AZ 85701-1352 (602) 542-5141 Ktir- ;,its' (520) 628-6595 1: r, 0; r k !r7-1 _�J1 ;mac RESTAURANT OP ION PLAT LICENSE# 1. List by Make, Model and Capacity of your: Grill -� -3U)50__ �T Oven —Loo,o o o -3T Tia��.►5 � � - 25 2- (44.71 a c i e. t--Z -Ori p c t S'cock_ Freezer • { CL) 20 >( Refri Aerator o I paK VJa1 K- - Eu 5- a r ZO/ X 2-`/ I Sink Ea `e. Li/i- i -3-2 /0 71u-) X11 K5 Dish Washing Facilities /0' Lorni-ne_re:i -a� ,Z- T . C,( - 1 h Food Preparation Counter(Dimensions) 3 0 Other 2. Print the name ofy our restaurant: D S K` 12U S i ' E S S 3. Attach a copy of your menu (Breakfast, Lunch and Dinner including prices). 4. List the seating capacity for. a. Restaurant area of your premises [ J 7 U ] b. Bar area of your premises [ + 5 2- ] c. Total area of your premises [ 2_2_4 5. What type of dinnerware and utensils are utilized within your restaurant? g Reusable 0 Disposable 6. Does your restaurant have a bar area that is distinct and separate from the restaurant seating? (If yes, what percentage of the public floor space does this area cover). Yes 3 1 % ❑ No 7. What percentage of your public premises is used primarily for restaurant dining? (Does not include kitchen, bar, cocktail tables or game area.) to 9 *Disabled individuaLs requiring special accommodations,please call the Department. I k01 14 1)5/1999 8. DoesY our restaurant Contain any games or television? a Yes 0 No (If yes, what types and how many? Pool tables, Video Games, Darts, etc.) 1-1 7, V is 9. Do you have live entertainment or dancing? 0 Yes ►=I No (If yes, what type and how often?) 10. Use space below or attach a list of employee positions and their duties to fully staff your business. 5S-T -u1Pr('-5T In Pt 1---) AG R -ou rpr(., _ O ( -T10i-) LoNnoi- - CocfcS ( T ( ft\ R Di a H OST SS ES To �3 ERR-TENDER._ (4-RiouS SFR Uc' 1,3 Co STAFF 4 c- L EP-tii ' C. PFTSC.f,__0 ) T (,_ I, !.0 v.e c-c- ft Ef}T G R f`J Dc rq ,hereby declare that I am the APPLICANT filing this application. I have (Print full name) read theis application and the contents and all statements true,correct and complete. State of f R 1 `Z 0 P(- County of P rL fl ) ` _ ` The foregoing instrument was act owledged before me this (Signature of AP' e 1 /Ad ii----;) day of 11141I , .000 'R ay of Monti 1'. Year /2 "'"Ilio• ..-- My commission expires on:: ( 0 , C).5 . aL)o-e- -_ il - K._! (Signature of NOTARY `s i C) r-TLIFT,)„, t 'FFICIAL SEAL Vi ,z, .1r.NN$FER E.COCO L. NOTARY PUBLIC Pima Co.,Arizona • ,i, Mk-Comm.Exp.Oct.25,2002 2 TOWN OF ORO VALLEY 6. COUNCIL COMMUNICATION MEETING DATE: July 19,2000 TO: HONORABLE MAYOR& COUNCIL FROM: Shirley Seng, Utility Administrator SUBJECT: Public Hearing on Resolution No. 0036 A Resolution of the Town of Oro Valley, Pima County, Arizona To Increase Water Rates for the Oro Valley Water Utility. SUMMARY: At its regular session on June 7, 2000, the Oro Valley Town Council adopted Resolution No. (R)00-58 providing Notice of Intent to Increase Water Rates for the Oro Valley Water Utility. As part of the Resolution, an Oro Valley Water Utility Rate Report was placed on file with the Town Clerk for public inspection. The Notice of Intention was advertised in accordance with Arizona Statutes. In addition, letters were included in all customer billings notifying them of the public hearing. The resolution before you would adopt the fees and charges detailed in Exhibit "A". The Mayor and Council have the opportunity to consider different fees and charges other than those detailed in the Rate Report, so long as the increase is no more than those identified in the Report. Should the Council approve this resolution, the proposed rate increase would take effect on August 19, 2000. FISCAL IMPACT: The proposed increase in water rates would allow the Utility to recover the costs associated with the operation and maintenance of the Oro Valley Water Utility. WATER UTILITY COMMISSION RECOMMENDATION: The Water Utility Commission has forwarded, with its 2000 Annual Report, a recommended rate structure. That particular rate structure was detailed as Scenario C-4 in the Rate Report attached to Resolution No. (R)00- 58. STAFF RECOMMENDATION: Staff concurs with the recommendation of the Commission. ATTACHMENTS: 1. Resolution (R)00-76 A Resolution of the Town of Oro Valley, Pima County, Arizona To Increase Water Rates for the Oro Valley Water Utility. 2. Possible Exhibit A(Rate Schedule for Scenario C-4) 3. Possible Exhibit A(Rate Schedule for Scenario C-5) SUGGESTED MOTION: I move to approve Resolution No. (R)00-76 A Resolution of the Town of Oro Valley, Pima County, Arizona to increase water rates for the Oro Valley Water Utility, attaching as Exhibit "A" the set of rate schedules associated with Scenario C-4. OR TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 I move to approve Resolution No. (R)OO-76 A Resolution of the Town of Oro Valley, Pima County, Arizona to increase water rates for the Oro Valley \Vater Utility, attaching as Exhibit "A" the set of rate schedules associated with Scenario C-5. OR I move to approve Resolution No. (R)00-76 A Resolution of the Town of Oro Valley, Pima County, Arizona to increase water rates for the Oro Valley Water Utility, with the rate schedules as follows: OR I move to 1 Utility Administrator W: - tility Di ctor Town Manager RESOLUTION NO. (R) 00- 76 A RESOLUTION OF THE TOWN OF ORO VALLEY, PIMA COUNTY,ARIZONA TO INCREASE WATER RATES 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 increase water rates and fees for the Oro Valley Water Utility in accordance with 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 the Oro Valley Water Utility rates are increased as described in attached Exhibit"A". 2. That the Mayor of the Town of Oro Valley and other administrative officials are hereby authorized to take such steps as are necessary to implement the rate increase effective thirty (30) days from the date of this resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 7TH day of JULY , 2000. TOWN OF ORO VALLEY,ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Dan Dudley, Town Attorney EXHIBIT "A" SCENARIO C - 4 , W < (n C) M 0 W C) M 0 r- r- T.... r- W- Oo � o O o M c'7 M M M M M M M M M M M co co co W 0 • F.-- 8 N N N N N N N N O 2 W o N N (Ni N N N N N ct Q- O Lci! 1-1. OU � U F- F- J F- F- J Z E M 6 p M 6 wW, o 0 oo Q Q C Q Q Q Q Q W O o Q Q Q Q Q Q L Q 2• W Z Z Z Z Z Z Z a 2 W o Z Z Z Z Z Z Z Z U O w U O L', O 0 w 0 °- Q W C9 O H ui p J z � p N 0 p N 0 O O 0 00 00 00 00 00 00 00 0o 0 OCL 0 CO 0o 0o 0o 0o 0o 0o 0o 0 o O O O O O O O O OL 'z w o 0 0 0 0 0 0 0 0 OW N N N N N N N O F_ N N N N N N N N (n • � 1-_-_ y• N O Z LL CL a wU ao Z , O u) � W w H -J W I-- 1- -' I- OOQ ,W Z E N 6 J Q N Z 6 Q J 0O = = co W O ix o L) Ln L" L) L) L) L) Lf) = w O 0 o L, L, Ln L, L, Ln L(, Ln z 21 .. 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N (0 LLI I- N X NCO d' CO CO W in TABLE FOR MONTHLY CHARGES & PERCENT INCREASE COMPARISON NON-CITY CUSTOMERS WITH A 5/8 X 3/4" METER PROPOSED BASE RATE 4 % INCREASE FROM 10.81 TO 11.25 (INC. 1000 GALLONS) PROPOSED COMMODITY 3 % INCREASE IN TIER 1 FROM 1.73 TO 1.78 12% INCREASE IN TIER 2 FROM 1.85 TO 2.08 TS-14 ESTABLISH TIER 3 AT 2.31 (25% OVER TIER 2) GALLONS CURRENT PROPOSED AMOUNT PERCENT USED RATE RATE INCREASED INCREASED 0 10.81 11.25 0.44 4.1 1,000 10.81 11.25 0.44 4.1 2,000 12.54 13.03 0.49 3.9 3,000 14.27 14.81 0.54 3.8 4,000 16.00 16.59 0.59 3.7 5,000 17.73 18.37 0.64 3.6 6,000 19.46 20.15 0.69 3.5 7,000 21.19 21.93 0.74 3.5 8,000 22.92 23.71 0.79 3.4 9,000 24.65 25.79 1.14 4.6 10,000 26.38 27.87 1.49 5.6 11,000 28.23 29.95 1.72 6.1 12,000 30.08 32.03 1.95 6.5 13,000 31.93 34.11 2.18 6.8 14,000 33.78 36.19 2.41 7.1 15,000 35.63 38.27, 2.64 7.4 16,000 37.48 40.35 2.87 7.7 17,000 39.33 42.66 3.33 8.5 18,000 41.18 44.97 3.79 9.2 19,000 43.03 47.28 4.25 9.9 20,000 44.88 49.59 4.71 10.5 21,000 46.73 51.90 5.17 11.1 22,000 48.58 54.21 5.63 11.6 23,000 50.43 56.52 6.09 12.1 24,000 52.28 58.83 6.55 12.5 25,000 54.13 61.14 7.01 13.0 26,000 55.98 63.45 7.47 13.3 27,000 57.83 65.76 7.93 13.7 28,000 59.68 68.07 8.39 14.1 29,000 61.53 70.38 8.85 14.4 30,000 63.38 72.69 9.31 14.7 31,000 65.23 75.00 9.77 15.0 32,000 67.08 77.31 10.23 15.3 33,000 68.93 79.62 10.69 15.5 34,000 70.78 81.93 11.15 15.8 35,000 72.63 84.24 11.61 16.0 36,000 74.48 86.55 12.07 16.2 37,000 76.33 88.86 12.53 16.4 38,000 78.18 91.17 12.99 16.6 39,000 80.03 93.48 13.45 16.8 40,000 81.88 95.79 13.91 17.0 TABLE FOR MONTHLY CHARGES & PERCENT INCREASE COMPARISON CITY CUSTOMERS WITH A 5/8 X 3/4" METER PROPOSED BASE RATE 20.3 % INCREASE FROM 9.35 TO 11.25 (INC. 1000 GALLONS) PROPOSED COMMODITY 3 % INCREASE IN TIER 1 FROM 1.73 TO 1.78 12% INCREASE IN TIER 2 FROM 1.85 TO 2.08 TS-14 ESTABLISH TIER 3 AT 2.31 (25% OVER TIER 2) GALLONS CURRENT PROPOSED AMOUNT PERCENT USED RATE RATE INCREASED INCREASED 0 9.35 11.25 1.90 20.3 1,000 9.35 11.25 1.90 20.3 2,000 11.08 13.03 1.95 17.6 3,000 12.81 14.81 2.00 15.6 4,000 14.54 16.59 2.05 14.1 5,000 16.27 18.37 2.10 12.9 6,000 18.00 20.15 2.15 11.9 7,000 19.73 21.93 2.20 11.2 8,000 21.46 23.71 2.25 10.5 9,000 23.19 25.79 2.60 11.2 10,000 24.92 27.87 2.95 11.8 11,000 26.77 29.95 3.18 11.9 12,000 28.62 32.03 3.41 11.9 13,000 30.47 34.11 3.64 11.9 14,000 32.32 36.19 3.87 12.0 15,000 34.17 38.27 4.10 12.0 16,000 36.02 40.35 4.33 12.0 17,000 37.87 42.66 4.79 12.6 18,000 39.72 44.97 5.25 13.2 19,000 41.57 47.28 5.71 13.7 20,000 43.42 49.59 6.17 14.2 21,000 45.27 51.90 6.63 14.6 22,000 47.12 54.21 7.09 15.0 23,000 48.97 56.52 7.55 15.4 24,000 50.82 58.83 8.01 15.8 25,000 52.67 61.14 8.47 16.1 26,000 54.52 63.45 8.93 16.4 27,000 56.37 65.76 9.39 16.7 28,000 58.22 68.07 9.85 16.9 29,000 60.07 70.38 10.31 17.2 30,000 61.92 72.69 10.77 17.4 31,000 63.77 75.00 11.23 17.6 32,000 65.62 77.31 11.69 17.8 33,000 67.47 79.62 12.15 18.0 34,000 69.32 81.93 12.61 18.2 35,000 71.17 84.24 13.07 18.4 36,000 73.02 86.55 13.53 18.5 37,000 74.87 88.86 13.99 18.7 38,000 76.72 91.17 14.45 18.8 39,000 78.57 93.48 14.91 19.0 40,000 80.42 95.79 15.37 19.1 TABLE FOR MONTHLY CHARGES & PERCENT INCREASE COMPARISON OV#1 CUSTOMERS WITH A 5/8 X 3/4" METER PROPOSED BASE RATE 10% INCREASE FROM 10.22 TO 11.25 (INC. 1000 GALLONS) PROPOSED COMMODITY 4 % DECREASE IN TIER 1 FROM 1.85 TO 1.78 ESTABLISH TIER 2 AT 2.08 (17% OVER TIER 1) TS-14 ESTABLISH TIER 3 AT 2.31 (25% OVER TIER 1) GALLONS CURRENT PROPOSED AMOUNT PERCENT USED RATE RATE INCREASED INCREASED , 0 10.22 11.25 1.03 10.1 1,000 10.22 11.25 1.03 10.1 2,000 10.22 13.03 2.81 27.5 3,000 12.07 14.81 2.74 22.7 4,000 13.92 16.59 2.67 19.2 5,000 15.77 18.37 2.60 16.5 6,000 17.62 20.15 2.53 14.4 7,000 19.47 21.93 2.46 12.6 8,000 21.32 23.71 2.39 11.2 9,000 23.17 25.79 2.62 11.3 10,000 25.02 27.87 2.85 11.4 11,000 26.87 29.95 3.08 11.5 12,000 28.72 32.03 3.31 11.5 13,000 30.57 34.11 3.54 11.6 14,000 32.42 36.19 3.77 11.6 15,000 34.27 38.27 4.00 11.7 16,000 36.12 40.35 4.23 11.7 17,000 37.97 42.66 4.69 12.4 18,000 39.82 44.97 5.15 12.9 19,000 41.67 47.28 5.61 13.5 20,000 43.52 49.59 6.07 13.9 21,000 45.37 51.90 6.53 14.4 22,000 47.22 54.21 6.99 14.8 23,000 49.07 56.52 7.45 15.2 24,000 50.92 58.83 7.91 15.5 25,000 52.77 61.14 8.37 15.9 26,000 54.62 63.45 8.83 16.2 27,000 56.47 65.76 9.29 16.5 28,000 58.32 68.07 9.75 16.7 29,000 60.17 70.38 10.21 17.0 30,000 62.02 72.69 10.67 17.2 31,000 63.87 75.00 11.13 17.4 32,000 65.72 77.31 11.59 17.6 33,000 67.57 79.62 12.05 17.8 34,000 69.42 81.93 12.51 18.0 35,000 71.27 84.24 12.97 18.2 36,000 73.12 86.55 13.43 18.4 37,000 74.97 88.86 13.89 18.5 38,000 76.82 91.17 14.35 18.7 39,000 78.67 93.48 14.81 18.8 40,000 80.52 95.79 15.27 19.0 TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR NON-CITY CUSTOMERS WITH A 1" METER BASE RATE = $28.13 COMMODITY RATE: TIER 1 = $1.78 FOR 0 - 16,000 GALLONS TIER 2 = $2.08 FOR 16,001 - 27,000 GALLONS TIER 3 = $2.31 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 27.10 28.13 1.03 3.8% 10,000 42.67 44.15 1.48 3.5% 20,000 60.45 63.15 2.70 4.5% 30,000 78.95 84.64 5.69 7.2% 40,000 97.45 107.74 10.29 10.6% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR NON-CITY CUSTOMERS WITH A 1 1/2" METER BASE RATE = $56.25 COMMODITY RATE: TIER 1 = $1.78 FOR 0 - 38,000 GALLONS TIER 2 = $2.08 FOR 38,001 -64,000 GALLONS TIER 3 = $2.31 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 54.19 56.25 2.06 3.8% 10,000 69.76 72.27 2.51 3.6% 20,000 87.06 90.07 3.01 3.5% 40,000 121.66 126.27 4.61 3.8% 50,000 140.40 147.07 6.67 4.8% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR NON-CITY CUSTOMERS WITH A 2" METER BASE RATE = $90.00 COMMODITY RATE: TIER 1 = $1.78 FOR 0 -80,000 GALLONS TIER 2 = $2.08 FOR 80,001 - 134,000 GALLONS TIER 3 = $2.31 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 86.66 90.00 3.34 3.9% 25,000 128.18 132.72 4.54 3.5% 50,000 171.43 177.22 5.79 3.4% 75,000 214.68 221.72 7.04 3.3% 100,000 260.33 272.22 11.89 4.6% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR NON-CITY CUSTOMERS WITH A 3" METER BASE RATE = $180.00 COMMODITY RATE: TIER 1 = $1.78 FOR 0 - 186,000 GALLONS TIER 2 = $2.08 FOR 186,001 - 311,000 GALLONS TIER 3 = $2.31 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 0 173.33 180.00 6.67 3.8% 50,000 258.10 267.20 9.10 3.5% 100,000 344.60 356.22 11.62 3.4% 200,000 519.28 538.42 19.14 3.7% 300,000 704.28 746.42 42.14_ 6.0% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR NON-CITY CUSTOMERS WITH A 4" METER BASE RATE = $281.25 COMMODITY RATE: TIER 1 = $1.78 FOR 0 - 169,000 GALLONS TIER 2 = $2.08 FOR 169,001 - 283,000 GALLONS TIER 3 = $2.31 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 0 274.25 281.25 7.00 2.6% 50,000 359.02 368.47 9.45 2.6% 75,000 402.27 412.97 10.70 2.7% 100,000 445.52 457.47 11.95 2.7% 200,000 622.24 646.77 24.53 3.9% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR NON-CITY CUSTOMERS WITH A 6" METER BASE RATE = $562.50 COMMODITY RATE: TIER 1 = $1.78 FOR 0 - 1,800,000 GALLONS TIER 2 = $2.08 FOR 1,800,001 - 3,006,000 GALLONS TIER 3 = $2.31 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 0 548.50 562.50 14.00 2.6% 500,000 1411.77 1450.72 38.95 2.8% 1,000,000 2276.77 2340.72 63.95 2.8% 1,500,000 3141.77 3230.72 88.95 2.8% 2,000,000 4030.77 4180.72 149.95 3.7% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR NON-CITY CUSTOMERS WITH A 8" METER BASE RATE = $1,125.00 COMMODITY RATE: TIER 1 = $1.78 FOR 0 - 1,800,000 GALLONS TIER 2 = $2.08 FOR 1,800,001 - 3,006,000 GALLONS TIER 3 = $2.31 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 0 932.45 1125.00 192.55 20.6% 500,000 1795.72 2013.22 217.50 12.1% 1,000,000 2660.72 2903.22 242.50 9.1% 1,500,000 3525.72 3793.22 267.50 7.6% 2,000,000 4414.72 4743.22 328.50 7.4% GOLF COURSE CONSERVATION RATES TO BECOME EFFECTIVE WHEN USAGE EXCEEDS THE ARIZONA DEPT. OF WATER RESOURCES ANNUAL ALLOTMENT. EXHIBIT "A" SCENARIO C - 5 p p vi p cY) 0U) p M0 O 011 0 0 o O O o o O O 00 0 0 0 0 0 0 0 0 0 T- M 2 O � � � N N N N N NN N O � � � N N N N N N N N W 00 O w W U a_ 0 o i"" Cl) F- F— J Z O Ma p w M6 w o w o Q Q Q Q Q Q Q Q O o < Q Q Q Q <C Q Q CL CL o • 2 W o Z Z Z Z Z Z Z Z ct2 W o Z Z Z Z Z Z Z Z U 0 w U OU 0 0 Q 0 p J p Z W < U) aN 0 U) 0 " 0 -§ O 0 0 ° 0000000 0 0 0 0 0 0 0 0 0 0 0 0 0_ 2W8a) 0) C) a) CCC) o) a. 2wocnCa) (3) a) rnrnC J O 2 ,— ,- ' 0 c r- r N- J C O Z OLL a-• O0 a. a- U a OZ J 0 W F- _ J W F- Fes- Si Q 0 O < ..J Z p N 6 .J Z p N 6 J O W 0 o o to _ O o `n `n LU LU LU COCOCOW Z Q cD M p C o Oo Oo Oo Oo Oo Oo Oo Oo 0 il i w o CO. CO. . W W W ,_ w • • 0 0 0 X LC) I DAF— 0 _ D2F— ( J U O U O W (0 U - 0 0 Z < pwL(0n V u) I-- 0 vW0 a_ w 0 w 2 2 O � O z 0 = , . 01-- 0 _ 8J CD 0 1-- Q -- >.. 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Wcn � o � O Q O P V O Q Q o , W = 2 � V p � J 0 O O Q F- RgUi< J p vi ai Zog � p � 0 0 1 O (/) W Zp < (i) E3 ,- 6 W Lu v:... OOwotitititititititi WooO - 0 USW 00Wo ti V O Cl_ W o N Z Z Z J W 2 W_ o a O O O O Q a 0 0 2 H 00 a- 0 w w000 -I 01 W0 0 a. QWWW � Ct U a_ a Zi WOOW a. W W a UQQQF- HH J Z = = = � HH -J Zp � 6 w0UU zEi _ 6 w o w o M M M M M M M M F'- w w wee w O w o In w 2 w o r~ ti r` h h ti ti Q Q Q O W w o In• eL CL0 H UOw r � U O 0 Ffj QF_ z 0 LTi m p p p p H000 O O w o o CS M Lc:,) o Z O p W o0 c0 M N �n p p W un WH O rte- 4 CD M �t 00 N W 2 2 2 J W H CO 0 N Lf) CO N- r-- d- 01 rk N O O O O O U) a. W ii- DUUU (2 WW U ,- N M CL m = W W_ W = W CO H H H H H N Lf) O (O N O O Q O H W N L r- r- �C) V) O• Z H W L) Z 0 ..n •,- r-• •CO Ln• r- 00 W �- N In c0 c0 Ln N- W g -71- N LC) In W W W W n Q D Q U CO 0 m W W co W W W N x LI? N M -:r (0 c0 N c0 H) co cn 2 Lo 2 , TABLE FOR MONTHLY CHARGES & PERCENT INCREASE COMPARISON NON-CITY CUSTOMERS WITH A 5/8 X 3/4" METER PROPOSED BASE RATE 0% INCREASE- RATE REMAINS AT 10.81 (INC. NO FREE WATER) PROPOSED COMMODITY 0% INCREASE-TIER 1 REMAINS AT 1.73 3% INCREASE IN TIER 2 FROM 1.85 TO 1.90 TS-17 ESTABLISH TIER 3 AT 2.10 (10% OVER TIER 2) GALLONS CURRENT PROPOSED AMOUNT PERCENT USED RATE RATE INCREASED INCREASED 0_ 10.81 10.81 0.00 0.0 1,000 10.81 12.54 1.73 16.0 2,000 12.54 14.27 1.73 13.8 3,000 14.27 16.00 1.73 12.1 4,000 16.00 17.73 1.73 10.8 5,000 17.73 19.46 1.73 9.8 6,000 19.46 21.19 1.73 8.9 7,000 21.19 22.92 1.73 8.2 8,000 22.92 24.65 1.73 7.5 9,000 24.65 26.55 1.90 7.7 10,000 26.38 28.45 2.07 7.8 11,000 28.23 30.35 2.12 7.5 12,000 30.08 32.25 2.17 7.2 13,000 31.93 34.15 2.22 7.0 14,000 33.78 36.05 2.27 6.7 15,000 35.63 37.95 2.32 6.5 16,000 37.48 39.85 2.37 6.3 17,000 39.33 41.95 2.62 6.7 18,000 41.18 44.05 2.87 7.0 19,000 43.03 46.15 3.12 7.3 20,000 44.88 48.25 3.37 7.5 21,000 46.73 50.35 3.62 7.7 22,000 48.58 52.45 3.87 8.0 23,000 50.43 54.55 4.12 8.2 , 24,000 52.28 56.65 4.37 8.4 25,000 54.13 58.75 4.62 8.5 26,000 55.98 60.85 4.87 8.7 27,000 57.83 62.95 5.12 8.9 28,000 59.68 65.05 5.37 9.0 29,000 61.53 67.15 5.62 9.1 30,000 63.38 69.25 5.87 9.3 31,000 65.23 71.35 6.12 9.4 32,000 67.08 73.45 6.37 9.5 33,000 68.93 75.55 6.62 9.6 34,000 70.78 77.65 6.87 9.7 35,000 72.63 79.75 7.12 9.8 36,000 74.48 81.85 7.37 9.9 37,000 76.33 83.95 7.62 10.0 38,000 78.18 86.05 7.87 10.1 39,000 80.03 88.15 8.12 10.1 40,000 81.88 90.25 8.37 10.2 TABLE FOR MONTHLY CHARGES & PERCENT INCREASE COMPARISON CITY CUSTOMERS WITH A 5/8 X 3/4" METER PROPOSED BASE RATE 16% INCREASE FROM 9.35 TO 10.81 (INC. NO FREE WATER) PROPOSED COMMODITY 0% INCREASE -TIER 1 REMAINS AT 1.73 3% INCREASE IN TIER 2 FROM 1.85 TO 1.90 TS-17 ESTABLISH TIER 3 AT 2.10 (10% OVER TIER 2) GALLONS CURRENT PROPOSED AMOUNT PERCENT USED RATE RATE INCREASED INCREASED 0 9.35 10.81 1.46 15.6 1,000 9.35 12.54 3.19 34.1 2,000 11.08 14.27 3.19 28.8 3,000 12.81 16.00 3.19 24.9 4,000 14.54 17.73 3.19 21.9 5,000 16.27 19.46 3.19 19.6 6,000 18.00 21.19 3.19 17.7 7,000 19.73 22.92 3.19 16.2 8,000 21.46 24.65 3.19 14.9 9,000 23.19 26.55 3.36 14.5 10,000 24.92 28.45 3.53 14.2 11,000 26.77 30.35 3.58 13.4 12,000 28.62 32.25 3.63 12.7 13,000 30.47 34.15 3.68 12.1 14,000 32.32 36.05 3.73 11.5 15,000 34.17 37.95 3.78 11.1 16,000 36.02 39.85 3.83 10.6 17,000 37.87 41.95 4.08 10.8 18,000 39.72 44.05 4.33 10.9 19,000 41.57 46.15 4.58 11.0 20,000 43.42 48.25 4.83 11.1 21,000 45.27 50.35 5.08 11.2 22,000 47.12 52.45 5.33 11.3 23,000 48.97 54.55 5.58 11.4 24,000 50.82 56.65 5.83 11.5 25,000 52.67 58.75 6.08 11.5 26,000 54.52 60.85 6.33 11.6 27,000 56.37 62.95 6.58 11.7 28,000 58.22 65.05 6.83 11.7 29,000 60.07 67.15 7.08 11.8 30,000 61.92 69.25 7.33 11.8 31,000 63.77 71.35 7.58 11.9 32,000 65.62 73.45 7.83 11.9 33,000 67.47 75.55 8.08 12.0 34,000 69.32 77.65 8.33 12.0 35,000 71.17 79.75 8.58 12.1 36,000 73.02 81.85 8.83 12.1 37,000 74.87 83.95 9.08 12.1 38,000 76.72 86.05 9.33 12.2 39,000 78.57 88.15 9.58 12.2 40,000 80.42 90.25 9.83 12.2 TABLE FOR MONTHLY CHARGES & PERCENT INCREASE COMPARISON OV#1 CUSTOMERS WITH A 5/8 X 3/4" METER PROPOSED BASE RATE 10% INCREASE FROM 10.22 TO 10.81 (INC. NO FREE WATER) PROPOSED COMMODITY 5 % DECREASE IN TIER 1 FROM 1.85 TO 1.73 ESTABLISH TIER 2 AT 1.90 (10% OVER TIER 1) TS-17 ESTABLISH TIER 3 AT 2.10 (10% OVER TIER 2) GALLONS CURRENT PROPOSED AMOUNT PERCENT USED RATE RATE INCREASED INCREASED 0 10.22 10.81 0.59 5.8 1,000 10.22 12.54 2.32 22.7 2,000 10.22 14.27 4.05 39.6 3,000 12.07 16.00 3.93 32.6 4,000 13.92 17.73 3.81 27.4 5,000 15.77 19.46 3.69 23.4 6,000 17.62 21.19 3.57 20.3 7,000 19.47 22.92 3.45 17.7 8,000 21.32 24.65 3.33 15.6 9,000 23.17 26.55 3.38 14.6 10,000 i 25.02 28.45 3.43 13.7 11,000 26.87 30.35 3.48 13.0 12,000 28.72 32.25 3.53 12.3 13,000 30.57 34.15 3.58 11.7 14,000 32.42 36.05 3.63 11.2 15,000 34.27 37.95 3.68 10.7 16,000 36.12 39.85 3.73 10.3 17,000 37.97 41.95 3.98 10.5 18,000 39.82 44.05 4.23 10.6 19,000 41.67 46.15 4.48 10.8 20,000 43.52 48.25 4.73 10.9 21,000 45.37 50.35 4.98 11.0 22,000 47.22 52.45 5.23 11.1 23,000 49.07 54.55 5.48 11.2 24,000 50.92 56.65 5.73 11.3 25,000 52.77 58.75 5.98 11.3 26,000 54.62 60.85 6.23 11.4 27,000 56.47 62.95 6.48 11.5 28,000 58.32 65.05 6.73 11.5 29,000 60.17 67.15 6.98 11.6 30,000 62.02 69.25 7.23 11.7 31,000 63.87 71.35 7.48 11.7 32,000 65.72 73.45 7.73 11.8 33,000 67.57 75.55 7.98 11.8 34,000 69.42 77.65 8.23 11.9 35,000 71.27 79.75 8.48 11.9 36,000 73.12 81.85 8.73 11.9 37,000 74.97 83.95 8.98 12.0 38,000 76.82 86.05 9.23 12.0 39,000 78.67 88.15 9.48 12.1 40,000 80.52 90.25 9.73 12.1 TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR NON-CITY CUSTOMERS WITH A 1" METER BASE RATE = $27.10 COMMODITY RATE: TIER 1 = $1.73 FOR 0 - 16,000 GALLONS TIER 2 = $1.90 FOR 16,001 - 27,000 GALLONS TIER 3 = $2.10 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 27.10 27.10 0.00 0.0% 10,000 42.67 44.40 1.73 4.1% 20,000 60.45 62.38 1.93 3.2% 30,000 78.95 81.98 3.03 3.8% 40,000 97.45 102.98 5.53 5.7% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR NON-CITY CUSTOMERS WITH A 1 1/2" METER BASE RATE = $54.19 COMMODITY RATE: TIER 1 = $1.73 FOR 0 - 38,000 GALLONS TIER 2 = $1.90 FOR 38,001 -64,000 GALLONS TIER 3 = $2.10 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 54.19 54.19 0.00 0.0% 10,000 69.76 71.49 1.73 2.5% 20,000 87.06 88.79 1.73 2.0% 40,000 121.66 123.73 2.07, 1.7% 50,000 140.40 142.73 2.33 1.7% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR NON-CITY CUSTOMERS WITH A 2" METER BASE RATE = $86.66 COMMODITY RATE: TIER 1 = $1.73 FOR 0 - 80,000 GALLONS TIER 2 = $1.90 FOR 80,001 - 134,000 GALLONS TIER 3 = $2.10 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 86.66 86.66 0.00 0.0% 25,000 128.18 129.91 1.73 1.3% 50,000 171.43 173.16 1.73 1.0% 75,000 214.68 216.41 1.73 0.8% 100,000 260.33 263.06 2.73 1.0% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR NON-CITY CUSTOMERS WITH A 3" METER BASE RATE = $173.33 COMMODITY RATE: TIER 1 = $1.73 FOR 0 - 186,000 GALLONS TIER 2 = $1.90 FOR 186,001 - 311,000 GALLONS TIER 3 = $2.10 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 0 173.33 173.33 0.00 0.0% 50,000 258.10 259.83 1.73 0.7% 100,000 344.60 346.33 1.73 0.5% 200,000 519.28 521.71 2.43 0.5% 300,000 704.28 711.71 7.43 1.1% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR NON-CITY CUSTOMERS WITH A 4" METER BASE RATE = $274.25 COMMODITY RATE: TIER 1 = $1.73 FOR 0 - 169,000 GALLONS TIER 2 = $1.90 FOR 169,001 - 283,000 GALLONS TIER 3 = $2.10 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 01 274.25 274.25 0.00 0.0% 50,000 359.02 360.75 1.73 0.5% 75,000 402.27 404.00 1.73 0.4% 100,000 445.52 447.25 1.73 0.4% 200,000 622.24 625.52 3.28 0.5% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR NON-CITY CUSTOMERS WITH A 6" METER BASE RATE = $548.50 COMMODITY RATE: TIER 1 = $1.73 FOR 0 - 1,800,000 GALLONS TIER 2 = $1.90 FOR 1,800,001 - 3,006,000 GALLONS TIER 3 = $2.10 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 0 548.50 548.50 0.00 0.0% 500,000 1411.77 1413.50 1.73 0.1% 1,000,000 2276.77 2278.50 1.73 0.1% 1,500,000 3141.77 3143.50 1.73 0.1% 2,000,000 4030.77 4042.50 11.73 0.3% TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON FOR NON-CITY CUSTOMERS WITH A 8" METER BASE RATE = $932.45 COMMODITY RATE: TIER 1 = $1.73 FOR 0 - 1,800,000 GALLONS TIER 2 = $1.90 FOR 1,800,001 - 3,006,000 GALLONS TIER 3 = $2.10 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 0 932.45 932.45 0.00 0.0% 500,000 1795.72 1797.45 1.73 0.1% 1,000,000 2660.72 2662.45 1.73 0.1% 1,500,000 3525.72 3527.45 1.73 0.0% 2,000,000 4414.72 4426.45 11.73 0.3% GOLF COURSE CONSERVATION RATES TO BECOME EFFECTIVE WHEN USAGE EXCEEDS THE ARIZONA DEPT. OF WATER RESOURCES ANNUAL ALLOTMENT. - • ORO VALLEY WATER UTILITY INTEROFFICE MEMORANDUM TO: Mayor and Council FROM: Alan Forrest,Water Utility Director if- ."'L .* ... . _ _ T OV VIA; Chuck Sweet,Town Manager DATE: July 18, 2000 SUBJECT: Public Comments Received on Proposed Rate Increase Attached please find copies of all written comments received from customers regarding the proposed rate increase. I have also supplied copies of our responses to the letters. In addition, staff has received approximately 15 telephone calls of which 10 were inquires on how to compute their bill based on the new rates. The remaining five calls were from customers who expressed their opinions on the proposed increase with the consensus being that the increase is not warranted and/or is unfair. n=f ciu,, July 4, 2000 e Paul Loomis ;p" ) 'e ,_ Mayor Oro ValleyJ y 10-y 4 11000 N La Canada Drive Oro Valley, AZ 85737 1/ Dear Mr Loomis: ())* I have two items for you: 1) I do not support increasing water fees next year. The $6.2 million for system Q\) b improvements rovements will not benefit existing users one iota. That entire improvement is to benefit developers who will sell houses to new residents. As far a I am concerned, the Californicators can pay their own way. And that starts with the developers. They should the ones to foot the bill for these improvements, and not existing consumers. 2) I wanted to complement you on what a terrific job Oro Valley is doing to mess up traffic around here. The addition of all of these traffic lights around town only makes traffic worse for thousands of people. Let's start with Oracle Highway. Tens of thousands of cars go up and down that road every day. And the addition of three stop lights in the last year between 1St Avenie and Hardy will only exacerbate a bad situation. Try getting from the Tucson Mall up here between 3 pm and 7 pm. It is a disaster between River Road and Ina. With all of these traffic lights you're going to make it a disaster all the way to Catalina! You are inconveniencing tens of thousands of drivers for the benefit of a few. If those few want to turn left, then do what lots of other cities do. Forbid left turns, make then turn right and then force them to make a U-turn. There is no need for a light at Lambert and 1St Avenue. Again, thousands of commuters will be inconvenienced for a few. For those who want to turn left to go up 1St Avenue they can just a easily back track to La Canada and go up to Tangerine. Then they can turn right and go down to 1st. Simple! There is no need for a light at Naranja and LaCanada. I drive that route every single day. And I have never seen more than two or three cars at the stop sign during rush hour. That hardly justifies a light. We are doing just fine with a stop sign. You guys have really messed things 1st and Oracle. Turning left out of Fry's used to be easy. There were two left turn lanes (three if you ignored the "truck only" sign at the back of the store and turned left there). Getting in to and out of Fry's was easy. Now it is a big mess. Why don't you"progressives" leave well enough alone? All of this progressiveness is just going to make Oro Valley into a big city, complete with al of the big city traffic problems. Perhaps you like to build empires. But some of us like to keep things a bit more easy going. Sincerely, Lt \ • Ric Cunnington 981 W. Graythorn Place Oro Valley, AZ 85737 7:'-'-.,00111?7,3--.--2:,..„ il-e-KL v_. LiAm4, Octiaft . ,_,,,, ,. /7„...,„ ,,,.,,, 7,,,,-) 4 ...,,,,,,„, ,\� 706LS-90.)-61 N- „, t,, .„--.0 i 0, , • ..,\ 1 N lit. 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I S__c2LQ__: _ __...._..___ . ..7_.•.._..:.,_acs... _ . `. • •V ...za .. .w . t m... °.....__.. _. _ �, .._ ........... _-.r_.. _._.._..._.... _,_. _. _........_•. .e+-.ar�eilw"i-...-..w�lsi�.)-. ...r� .lR.� ......�:rr-«•._. ..�.._t...�a_+a tiH�..• ,.,...+-�..r�Q+!^_.. .a.�..._... ..-».._ •.....—....-.•..ww ..-. ...._ - .. a-........n�.. ..wr.v._e._. ...._.. _....*u�.....-._+.... - -..,.w..c .. _. .. :.vim..-..--...r...—_.::_.-e:_.r..r...._ ...._w.. _.vnw...•_�.. ..-....R.-..v....a._..- . :..y....... ,_arsYT• �...• - •3...Rs- � yM. ...w-- ..w..a._ .-. NO-EY A ,,,,,44;'- :-.7-1'- £ -' l ° _ 7 TOWN OF ORO VALLEY 3 4 Water Utility 11000 N. La Canada Drive Valley,- �, Oroey, Arizona 85737 1� (520) 229-5000 Fax (520) 229-5029 IN UN D ED July 17, 2000 Ms. Linda Wood 4643 W. Redwolf Dr. Tucson, AZ 85742 Dear Ms. Wood: Thank you for your letter dated July 16, 2000. I would like to take this opportunity to explain that the Oro Valley Water Utility only increases water rates in an amount sufficient to recover its operating costs. To help you better understand how the proposed rate increase will impact your family, I reviewed your account history for the past twelve months. Your average usage for that period was 14,000 gallons per month. Thus on the average, you will pay $2.53 per month more than you currently pay. The actual amount will vary depending on the time of year. The table below will illustrate quarterly average usage and the related increase: Average Current Proposed Monthly Quarter Monthly Usage Monthly Charge Monthly Charge Increase Jan-Feb-Mar 8,000 $24.17 $24.95 $0.78 Apr-May-Jun 19,000 $45.31 $49.77 $4.46 Jul-Aug-Sep 15,000 $37.51 $40.28 $2.77 Oct-Nov-Dec 14,000 $35.56 $38.09 $2.53 Annual Average 14,000 $35.56 $38.09 $2.53 Note: The monthly charges in the table include all applicable taxes. The Oro Valley Water Utility Commission is an advisory board that makes recommendations to the Town Council on water related issues including water rates. The Commission consists of seven members and includes a representative from the Countryside service area. If you would be interested in sitting on this Commission, an application can be mailed to you. As requested, a copy of your letter will be given to the Town Council prior to the public hearing scheduled for July 19, 2000. I hope this clarifies the issues addressed in your letter. Should you have any other questions or need additional information, please do not hesitate to call. Sincerely, t"--- 0. Alan D. Forrest, .E. Water Utility Director ADFss co -) (LA70774 June 28, 0 200 Alan D. Forrest, P.E. ReCeiVed :11N'p. Water Utility Director TDear Mr Forrest:I was disappointed when on the back side of your letter to "Valued Customer" resented a table that is impossible to understand. The only tier I know about is the tear I shed when I realized that--no matter what--here is another big tax increase. There is no $ when referring to money,no explanation of tiers, unclear what establish means in this contest, etc. As a research economist I have published many of these kind of tables. Had I published one as confusing as this I might have lost my position. I would certainly have been embarrassed. I called your office to inquire what it all meant and got a somewhat reasonable response,but then when I asked about the excessive water pressure at my place, I got an amazing response. The young lady insisted that if the water pressure in my house is over code (80 psi she said) it was only on my side of the meter, and therefore it was my responsibility. She insisted that is what she was instructed to tell the"value customers". Please explain to me how the water pressure can be "well within code" on your side the meter and well over code on my side. I would like to get the patent on that. According to one of your staff who checked it,the pressure at my house is over 90 psi. He suggested, like the telephone respondent,that I should buy a pressure regulator for my house. I would think that if my pressure is over code that would be your responsibility. What is your policy when Town of Oro Valley Water Utility delivers water to a home when the water pressure exceeds the City code? What is the remedy? 64-rkteccgC-- Dr. Harold Stults Ph.D. 1160 W Saddlehorn Dr Oro Valley AZ 85737 �LEY1�/ C:4 \1\ �O TOWN OF ORO VALLEY • Water Utility 4 11000 N. La Canada Drive Oro Valley, Arizona 85737 (520) 229-5000 Fax (520) 229-5029 °UNDEO X„IN Dr. Harold Stults, Ph.D. July 17, 2000 1160 W. Saddlehorn Dr. Oro Valley, AZ 85737 Dear Dr. Stults: Thank you for your letter dated June 28, 2000. I would like to take this opportunity to address the two issues discussed in your letter. Hopefully, the following information will help you understand the proposed rate increase and what it means to you. Current Rate Structure Proposed Rate Structure Base Rate $10.22 per month (inc. 2000 gals.) $11.25 per month (inc. 1000 gals.) Commodity Tier 1 $1.85 per 1000 gals. for any usage $1.78 per 1000 gals. (0 — 8,000 gals.) Tier 2 N/A $2.08 per 1000 gals. (8,001 — 16,000 gals.) Tier 3 N/A $2.31 per 1000 gals. (over 16,000 gals.) For the proposed rate structure, tiers 2 & 3 were "established" since they did not exist in the current rate structure. Using the table previously sent, you will be able to determine what the dollar increase will be, as well as the percent increase, depending on the volume of water you use in any particular month. For example, your June billing was for 15,000 gallons of water. The current charge for this volume is $34.27 plus taxes. Under the proposed rate structure, your bill for using 15,000 gallons of water would be $38.27 plus taxes. This represents an increase of$4.00 or an 11.7% increase. With regard to your water pressure, on July 13th, the utility staff adjusted a pressure reducing valve that controls the pressure in your service area. After the adjustment, the pressure at your home was recorded at 72 psi. The pressure may fluctuate throughout the day, but it should not exceed 80 psi. If you experience higher pressure, please contact our office and we will make other arrangements. Thank you for your patience in this regard. Should you have any other questions, please do not hesitate to contact me. Sincerely, Alan D. Forrest, P.E. Water Utility Director ADFss rr • • *,3,-,'' tA. z,-7,;;,, 4A_. t-} 1.' '- :i'f' •'.' A 3 0 fi; vim k j ' t ,h,0 0 — .......„,,,,7,,,-,______,----.__. AMOUNT P D I. "' Riot is tviudirit-4vornik9A t-04,--0----. ' ,, .may, O i ORO VALLEY WATER UTILITY - t,.°'"'. ` `" BILLING DATE ACCOUNT NUMBER /4)1( � �11000 N. La Canada Drive If- / 4�• � -22-00 7040286200 Oro Valley, Arizona 85737 0 6 i► A (520) 229-5000 Fax (520) 229-5029--- 4 . dar - DUE DATE AMOUNT DUE °U/VDEo‘g1ia5. . ,- f 07-10-00ititS 104 . 30 `' - - -`i ' PLEASE MAKE ADDRESS CORRECTIONS BELOW FRANK N AS SAF JR =- ��:�- � `=; ;:�, .<,. i 1301 W PLACITA DEL REY ' ORO VALLEY AZ 85737-3613 't, , ,:...'.-Y''''#i' S � "y ;µ� 5V b. , 'IIIiIIIIIII111'IIIIIIIIIIIIIIIIII11111'IIIlII'I.li111.L 11 11.I arta, .44 m ,. ' , ,. it.attleir,..irl,„, ,‘,LEY ,q ° ilt TOWN OF ORO VALLEY ° Water Utility v :� - �� 1565 E. Rancho Vistoso Blvd. Suite A :y Oro Valley, Arizona 85737 of -_ , ` = (520) 297-5225 Fax (520) 825-4621 to:410 .,,_ AA ,c0 UNDEO��1g'l IN July 17, 2000 Mr. Frank Assaf, Jr. 1301 W. Placita Del Rey Oro Valley, AZ 85737 Dear Mr. Assaf: We are in receipt of the note regarding the proposed rate increase that was written on your payment stub. I would like to take this opportunity to explain the Oro Valley Water Utility rate design. The rates are designed to recover the utility's operating costs and to encourage conservation. The proposed increase will generate the revenue necessary to meet the expenditure requirements for this fiscal year as well as equalize water rates for all customers. In addition, the proposed rate increase will encourage water conservation. Water conservation is critical in our desert environment. The Arizona Dept. of Water Resources has established goals for each water provider in an effort to conserve groundwater on a state- wide basis. Utilities pay substantial fees for excess groundwater withdrawal. These fees increase each year, thus the utility's effort to conserve groundwater will also increase each year. For the past several years, the utility has been involved with multi jurisdictional studies with regard to bringing an alternative source of water to the Town for recharge purposes, irrigation uses, and more recently, the possibility of an alternative water source for direct delivery to all customers. All alternatives are complex and quite expensive. As of this writing, no recommendations have been forwarded to the Oro Valley Town Council. Again, the proposed rate structure was designed in fairness to everyone in that it will allow the utility to meet its revenue requirements, equalize the rates across-the-board, and promote water conservation with the understanding that everyone needs to contribute toward the preservation of groundwater. Should you have any questions in this regard, please do not hesitate to call. Sincerely, e?......., Alan D. Forrest, P.E. Water Utility Director ADFss • :49 Qo�p,�.LEY g9/�o2 '-� TOWn OF ORO VALLEY 1�;�� i Water Utility 11000 N. La Canada Drive 1 -�f�' t Oro Valley, Arizona 85737 ��••+A (520) 229-5000 Fax (520) 229-5029 �OONDED'9i A June 19, 2000 Dear Valued Customer: At their regular Town Council meeting held on June 7, 2000 the Oro Valley Mayor and Council adopted a resolution providing NOTICE OF INTENT TO INCREASE WATER RATES. The increase is necessary to meet the revenue requirements for operating the utility in the coming fiscal year. The utility has budgeted $6.2 million for existing system improvements that will provide additional water and storage capacity to better serve our customers. In addition, the proposed rate structure has been modified to include an additional or third tier in the commodity rate to further promote water conservation. Prior to recommending a rate increase to the Town Council, the Oro Valley Water Utility Commission reviewed the results of a Cost of Service Study and analyzed numerous rate increase alternatives based on specific financial criteria. A public hearing will be held in conjunction with the regularly scheduled Town Council meeting as shown below. Public participation and comments are valued and encouraged. The Rate Report detailing the specifics of the proposed rate increase is on file in the office of the Town Clerk for review prior to the public hearing. WHAT: Public Hearing on Proposed Water Rate Increase WHEN: Wednesday,July 19, 2000 at or after 7:00 p.m. WHERE: Oro Valley Town Council Chambers \ i lUUU IN. La CanadaDriveOro Valley, AZ \ The reverse side of this letter contains a table that will show you what your water charges will be based on the amount of water you use in a month if the proposed rates are adopted on July 19`h. Should you have any questions, please f 1 free to call •ne of our Customer Service Representatives at ( 0) 229-5000. Our off crs are 4 M.,nday through Friday, 8:00 a. . to 5:00 p.m. ,."4 , )/\. ,,, Sino ely, \ ''°' l'i ' �� .- 0 ; cit,' '1 0\ ,ye.A\41) tl\) k v- h V ‘‘ ,,,,,L.,,29. -44/1 ' Al ip 0 1\\I IPi ' tli � iiit/T( 1 0)4 , Alan D. Forrest,P�: � �� � / ` � 3 ter i,p�lity Dir-��u r i �,) y A v p 1 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: MEETING DATE: JULY 19, 2000 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: Award of Proposal - Oro Valley Town Page BACKGROUND: Since May 1998, the Town has held a contract with the Explorer Newspapers for publication of a junior size advertisement referred to as the Town Page. The intent of the Town Page is to provide readers with information on upcoming town council or board and commission meetings, in addition to events which may be of interest to area residents. The town contracted with the Explorer to run the Town Page twenty-six times per year (approximately twice-per month) at a cost of $495 per issue, or 12,870 per year. for the Town r SUMMARY: In May 2000, the Town advertised a Request for Proposals Page from area newspapers and on May 15 sealed proposals were opened and read aloud. Two newspapers, the Explorer and Arizona Daily Star/Tucson Citizen responded to the RFP. Below please find their respective proposals. Explorer AZ Daily Star/Tucson Citizen black/white one color black/white one color 3 column x 9 $432 $507 $430.92 $570.92 actual size 7.625" x 9.5"* 6.54" x 9" *Although the Explorer quotes a larger ad space, due to page layout actual space is comparable to that of the Star/Citizen. The Explorer agreed to run the advertisement one weekprior to the Council Meeting. p g The Star/Citizen would also run the advertisement one week before the Council Meeting, in both the Northwest Section of the Tucson Citizen on Tuesday evenings and the Arizona Daily Star on Wednesday mornings. ATTACHMENTS: Proposals from NW Explorer and AZ Daily Star/Tucson Citizen FISCAL IMPACT: $11,203.92 annual RECOMMENDATION: It is recommended that the Council award the Proposal for the publication of the Town Page to the Arizona Daily Star/Tucson Citizen for a period of one year. This recommendation is based on the fact that the Town Page Advertisement will receive increased readership due to increased circulation by the larger newspaper. The Star and Citizen have a circulation for northwest home delivery of 76,186 and over 150,000 readers. I � COUNCIL COMMUNICATION PAGE 2 of 2 The Explorer prints a minimum of 25,000 copies weekly and drops off 10,500 in Oro Valley. Based on the above, it is my recommendation that the Council award the proposal for publication of the Town Page to the Arizona Daily Star/Tucson Citizen, northwest editions. SUGGESTED MOTION: I make a motion to award a proposal for the publication of the Town Page to the Arizona Daily Star/Tucson Citizen for a period of one year, commencing in July 2000. / .y Town Mana•er EXPLORER Newspapers SUGGESTED PROPOSAL FOR 2000/2001 BUDGET: • Run 26 Junior Page ads to cover the council meetings and events you want to promote @ $432.00 each = $11,232.00 • Any additional informational ads for positions on boards, Parks & Rec, or special public notices would be at same discounted rate: 52 time frequency plus a 10% discount! • FREE Classified ads for Employment Opportunities within the town during the full contracted time period. • Continued advertising and editorial partnering for GOVAC and other town sanctioned events and functions at No Extra Charge to the town of Oro Valley. 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As reflected in the attached letter from Mr. Michael Marks, representing the Wong's, considerable progress was made toward resolving right-of-way and drainage issues. The applicant submitted a revised drainage report and subdivision street configuration. The submittal was incomplete and resolvable issues remain with regard to drainage. Staff requests a continuation in order to finalize aspects of the drainage report. As directed at the last Town Council meeting, staff conducted additional research with regard to septic issues. Attached is a report by Craig Civilier, Town Planning Division Civil Engineer, detailing the process by which eptic systems were approved by the Pima County Department of Environmental Quality for this site. RECOMMENDATION: Staff recommends continuing this item to the August 16, 2000 meeting. SUGGESTED MOTIONS: The Council may wish to consider one of the following motions: I move to continue OV 12-99-18, Naranja Ridge Estates Preliminary Plat, to the August 16, 2000 Town Council meeting. OR I move to continue OV 12-99-18, Naranja Ridge Estates Preliminary Plat, to the August 16, 2000 Town Council meeting with the following conditions: \\OV PZD\PZ 1\OV\OV 12\1999\0V 12-99-18\PPTC2.RPT.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 Attachments: 6/13/00 Correspondence from Mr. Marks 7/3/00 Correspondence from Mr. Craig Civilier Planni • III Zoning Administrator Com . •� Development t' Town Manager TLIM MICHAEL MARKS, AICP CON I G, INC. Laud Planner C I El til fine 27, 2000 JUN 2 n 2000 BY:. Li2Z,J. &( Bayer VP1la Senior Planner Town of Oro Valley Department of Community Development Department 11000 N. La Canada Drive Oro Valley, Arizona 85337 Re: OV12-99-18 Naranja Ridge Estates Preliminary Plat Dear Mr. Vella: Submitted herewith is the revised preliminary plat. It was revised to mainly address the comments made by staff at our last meeting. However, it was also changed for a few minor matters that have been identified before. The two main revisions deal with the right-of-way and the drainage. In regards to right-of-way the Typical Roadway Section has been modified to define the 10 foot easements on either side of the 32' right-of-way as Mr. Jansen requested. This should suffice on the preliminary plat. On the final plat we will add a note making the same point and we will address it in the CCR's, as Mr. Jansen also requested. In regards to drainage, the plat now shows the discharge at each of the concentration points at the downstream end of the property to be no greater after development than what it is prior to development. The plat also shows how this reduction of runoff is achieved. The drainage report, which is submitted herewith, provides the detail for this subject. The minor matters modified by this plat are the following: 1. General Note No. 12 has been changed to refer to an "WB-40' vehicle. 2. General Note No. 23 has been corrected to reflect Lots 1-21. 3. The Typical Roadway Section has been corrected to identify the V-ditch as '3' feet deep 4. The Building Envelope in Lot 21 has been modified to exclude any land within the erosion hazard setback. 7002 E. 4th Street • Tucson, Arizona 85710 • Phone&Fax: 520-885-5021 MOM MICHAEL MARKS, AICP Land Planner Mr. Bayer Vella tune 27,2000 OV12-99-18 Naranja Ridge Estates Preliminary Plat Page 2 Under separate cover I will be submitting a letter from W.A.P.A.. I have talked with them about the concerns you raised and they indicated that they would be able to comply. I expect a letter from them shortly. With these changes made I believe that we have satisfied all of the concerns that staff indicated it needed in order to support the project at the Mayor & Council meeting. We trust that this is true. If we have missed anything please let me know. Thank you. Sincerely, r 0, I Michael Marks, A CP President 7002 E. 4th Street • Tucson, Arizona 8 710 • Phone& Fax: 520-885-5021 Lemorandum s„, ),,,, To: Bryant Nodine From: Craig Civalier Date: 07/03/00 Re: Naranja Ranch Septic Systems I have researched the septic system issue for this subdivision and here are my findings: • Pima County DEQ approved, on December 15, 1999, waiting to do the percolation testing for the septic systems to the final plat review. • Pima County tentatively approved the preliminary plat on February 4, 2000. • Michael Marks sent PCDEQ the percolation test information on April 6, 2000. • PCDEQ sent a review letter of April 17, 2000 of the percolation testing to Michael Marks requesting further information. • Michael Marks requested a waiver for individual sewage disposal systems on May 8, 2000. • The waiver was granted by PCDEQ on May 11, 2000. Seven conditions were attached. See the attached. I have spoken to Barbara Johnson of PCDEQ about the safety of the septic systems and she has assured me that they are. The regulation of septic systems is contained in Title 7, Chapter 7.21 of the Pima County Code. Following are the basic criteria: • A certificate of approval to construct is required for each system. • The minimum lot size is one acre. • All systems shall be designed to ADEQ Bulletin 12. • Low water use fixtures are required. • Percolation tests are required for design approval. .:...14 F.,.w->•,r.M'i,.:^,S."..%.v..<:.`Y1!CMR?+v„V..y,!^n-,<"'^S'<S.!ry:A:.:,.M,Y.v.>ywrtt:::,,::O:,k:MN:ryy.w>,^?:-.�.�.w-.w'.r:.,,:,!^,J>:!wgi..:J..K:.!'X!-i -:i>}Y-.,_,:/.Y.>;ovn.. ^.-..... nw.Nx/a:Yi:i t....:IF:�n...:,•::•:.�.:{..:•.!,Av4:�!l!al.'h4J«:;i.:<:in>:�:�'�-,:n�-�.':.. :...:� ��`` % /<.x .,./..,L- �W,., <_''tt:•$i' '>�/>:• .c -t✓<;gs•<•y.. •rv,«,.�r::i` 't:.. 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"•i%'r''"tiC:f:'•"j��((����������((���� \�F."-•.!�.�rLY��.vyy''t L/+�r .�`.:,•<::P},G'%:iiQ. �-`{,'VS:T`!..'�!J`.'BA> wA!,,'�,",�.K.<S!.K.- 1>' ?:�"?^'.,is\:.r:x. .,%?:; -O^ !V,.a. 6."!:?`n-,Y4s..:.. ,...�5`.:k' > .!i., �n:!.:h�, ; .- a. aA:Yt: «♦..;:�.....J.v..���a�..,,,.A,.�<:•v ro'�.: .>f>:,.<J� +!;... .»?..t>-...h9- .wta•. •<-. .:: // ,t, N,� .,fib Ifo, ' f'.�,�.:.�::a:�.r:3:•.m tr-:::v.✓:L;!.?:R:Mt-a::��•�:!��.<a'�r':6?asbL�:',�i<.:x<,.:lfi�ff�.;.�.y,,>�:�.a. :a...:E'.t,;........�'::1:.:.1y-'r.: 5..,....,,.w::bL.,q<-bf:>S {2�:a>K,,•.�..�•,9�"AL'a`:�•.h,AK:•>ii•:r�:v�Ck+ect. r � July 3, 2000 • The County will inspect the installation of the system. • An area for 100%replacement of the system is required. • The County's Environmental Inspector shall approve the system before a C of 0 can be granted. 2 Waiver Approval Form for Individual Sewage Systems Page 2 of 2 Pima County File No: approved A waiver is herebya roved due to the sewer not being accessible by recorded legal access,pursuant to P.C.C.7.21.037(E)(1), and P.C.C. 7.21.037(E)(2) 2. Septic permits must be obtained from Pima County DEQ prior to construction of a septic system on each lot, in accordance P with P.C.C. 7.21.37. 3. SoilP ercolation tests and soils profile tests must be performed to determine the percolation rate and soil suitability, in accordance with ADEQ Engineering Bulletin 12. 4. All required setbacks must be maintained in accordance with 2\DEQ Engineering Bulletin 12. 5. An agreement to connect to the sewer and abandon the septic system, when the sewer becomes available (i.e. within 200 ft ofro erty line), must be signed by each current and subsequent lot owner, in accordance with P.C.C. 7.21.032(D). P P 6. Prior to Final plat approval and the Approval of Sanitary Facilities for Subdivisions, the appropriate soil testing must be performed in accordance with R18-5-408.E. 7. Prior to the issuance of an Approval of Sanitary Facilities for Subdivisions, a Determination of Applicability shall be submitted to the Arizona Department of Environmental Quality's Aquifer Protection Division for review and approval. • 9 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: July 19, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: David L. Andrews, Finance Director Dan Dudley, Town Attorney SUBJECT: Resolution No. (R)00- 77 Declaring as a Public Record that Certain Document Filed with the Town Clerk and Entitled Chapter 3, Administration, of the Town of Oro Valley Town Code SUMMARY: Over the past several months, representatives from the various Town departments and divisions have met to prepare draft revisions to the Town's purchasing code. The most significant changes to the code would be to clarify and codify some of the Town's procurement practices as well as increase the formal bidding requirement to $20,000. Currently, procurement in an amount of$10,000 or more requires a formal bidding process. The resolution you have before you would make the draft document a public record. If approved, it is staff's intent to review the document with the Town Council in a study session. Council action on the ordinance would not be requested until after the study session and after 30 days from adoption of the resolution. ATTACHMENTS: . Resolution No. (R)00- 77 Declaring the Document as a Public Record 2. Ordinance No. (0)00- Amending the Town's Procurement Code (PROPOSED) RECOMMENDATION: Staff recommends approval of the resolution. SUGGESTED MOTION: / I move to approve Resolution No. (R)00-77 Declaring as a Public Record that Certain Document Entitled Chapter 3, Administration, of the Town Code. or I move to . . . David L. Andrews Finance Direct• /, LIPiIMFF� Dan Dudley To, orney Chuck Sweet Town Manager G:A('O(;NCIL1Procurement/Resolution Communication.doe RESOLUTION NO. (R) 00- 77 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA,-DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "ARTICLE 3-4, PROCUREMENT," OF THE TOWN OF ORO VALLEY TOWN CODE. BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, that certain document entitled "Article 3-4, Procurement," of the Oro Valley Town Code," three copies of which are on file in the office of the Town Clerk, are hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 19THday of JULY , 2000. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dud ey, own Attorney 3-4 Public Record Office of the Oro Valley Town Attorney/SIB 6.30.2000 e. s FT ORDINANCE NO. (0) 00 - AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, RELATING TO PROCUREMENT; AMENDING BY REFERENCE "ARTICLE 3-4, PURCHASING" AND AMENDING "SECTION 3-2-1, TOWN MANAGER," OF THE ORO VALLEY TOWN CODE; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER. WHEREAS, on September 27, 1989, the Town Council did approve Ordinance Number (0) 89-21, which adopted that certain document entitled, "Oro Valley Town Code, Chapter 3, Administration," as the third chapter of the official Town Code; and WHEREAS, the Town has deemed it necessary that certain amendments to Article 3-4 are necessary in order to clarify the process of procurement and formal bidding of the Town of Oro Valley; and WHEREAS, the Town has also deemed it necessary to amend Section 3-2-1 in order to clarify the duties and powers of the Town Manager, as Procurement Agent on behalf of the Town, and to reflect an increase in the dollar amount of all procurements before engaging in formal bidding procedures; and WHEREAS, striking the existing Article 3-4, Purchasing, and replacing it with new text as well as amending Section 3-2-1, Town Manager, is in the best interest of the residents of the Town. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona, as follows: SECTION 1. That "Article 3-4, Purchasing," of the Oro Valley Town Code is hereby amended by striking it in its entirety and inserting in lieu thereof "Article 3-4, Procurement," which is referred to and made a part hereof as if fully set out in this Ordinance. SECTION 2. Section 3-2-1(H)(10) is amended to read as follows, with additions being shown in ALL CAPS and deletions being shown in Strikeout text: 3-4 Amendment(15) Office of the Oro Valley Town Attorney/SIB 6.30.2000 3-2-1 Town Manager H. Powers and Duties 10. To PROCURE, or cause to be taufehased PROCURED, all supplies and equipment and to make arrangements for contractual services for all the departments or divisions of the Town of an amount up to $10,000.00, $20,000.00; letting contracts for between $1,000.00 and $10,000.00 $2Q000.00 on and "informal bid" process; and to receive sealed bids for purchases PROCUREMENTS in excess of $10,000.00 $20,000.00 and to present them to the Council for approval. Purchases PROCUREMENTS made by, through, or with the FEDERAL GOVERNMENT OR ITS AGENCIES, State of Arizona or its political subdivisions, of the United States Federal Government's General Services Administration; or the Houston-Galveston Area Council (H-GAC), provided they continue to meet the requirements for bids as established by the STATE AND FEDERAL LAW, laws of the State of Arizona and the Federal Government, need not be submitted to the Council for approval, but HOWEVER such purchases PROCUREMENTS are restricted to approved budgetary items only. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Ordinance and portion of the Town Code. SECTION 4. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this day of , 2000. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney 3-4 Amendment(15) Office of the Oro Valley Town Attorney/SIB 6.30.2000 TOWN OF ORO VALLEY TOWN CODE Article 3-4 Pufellasingt PROCUREMENT* 3-4-1 APPLICABILITY 3-4-2 DEFINITIONS 3-4-3 In General; PROCUREMENT ORGANIZATION 3-4-4 Exceptions 3-4-6 3-4-5 BONDS 3-4-7 3-4-6 INVITATION FOR BIDS 3-4-8 3-4-7 COMPETITVE BIDDING PROCEDURES 3-4-9 3-4-8 Surplus PROPERTY 3-4-10 3-4-9 Signatures on Checks 3-4-11 3-4-10 State Preemption 3-4-12 3-4-11 PROHIBITED ACTIVITIES 3-4-1 APPLICABILITY THIS ARTICLE APPLIES TO EVERY PROCUREMENT OF MATERIALS, SERVICES, PROFESSIONAL SERVICES, AND CONSTRUCTION WITH PUBLIC MONIES IRRESPECTIVE OF THEIR SOURCE, INCLUDING FEDERAL ASSISTANCE MONIES EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, INITIATED AFTER ITS EFFECTIVE DATE. THIS ARTICLE ALSO APPLIES TO THE DISPOSAL OF MATERIALS. NOTHING IN THIS ARTICLE SHALL PREVENT THIS TOWN FROM COMPLYING WITH THE TERMS AND CONDITIONS OF ANY GRANT, GIFT, BEQUEST, OR COOPERATIVE AGREEMENT. IF THE PROCUREMENT INVOLVES THE EXPENDITURE OF FEDERAL ASSISTANCE OR CONTRACT MONIES OR IS SUBJECT TO STATE LAW, THE TOWN SHALL COMPLY WITH FEDERAL AND STATE LAW AND AUTHORIZED REGULATIONS WHICH ARE MANDATORILY APPLICABLE AND WHICH MAY NOT BE REFLECTED IN THIS ARTICLE. 3-4-2 DEFINITIONS BRAND NAME SPECIFICATION MEANS A SPECIFICATION LIMITED TO ONE OR MORE ITEMS BY MANUFACTURER NAME OR CATALOG NUMBERS OF WHICH THE STANDARD OF QUALITY, PERFORMANCE, AND OTHER CHARACTERISTICS MEET THE TOWN'S REQUIREMENTS. * The amendments to the existing code are shown in ALL CAPS and the deletions are shown in Striketlifeugh text. 3-4 Amendment(15) Office of the Oro Valley Town Attorney/SIB 6.30.2000 • CHANGE ORDER MEANS AN AUTHORIZED WRITTEN ORDER WHICH DIRECTS THE CONTRACTOR TO MAKE CHANGES TO THE CONTRACT FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS. C'ONS'TRUCTION MEANS TI-IE PROCESS OF BUILDING, ALTERING, REPAIRING, IMPROVING, OR DEMOLISHING ANY PUBLIC STRUCTURE OR BUILDING, OR ANY OTHER PUBLIC IMPROVEMENTS OF ANY KIND TO ANY PUBLIC REAL PROPERTY. DISPOSAL OF MATERIAL MEANS SALE OF SURPLUS PROPERTY BY PUBLIC AUCTION, TRADE, OR COMPETITIVE SEALED BIDDING. EMERGENCY MEANS ANY CONDITION, IN REFERENCE TO PROCUREMENT, RESULTING FROM A SUDDEN UNEXPECTED HAPPENING OR UNFORESEEN OCCURRENCE OR CONDITION AND SITUATION WHEREIN THE PUBLIC HEALTH OR SAFETY IS ENDANGERED. INVITATION FOR BIDS MEANS ALL DOCUMENTS, WHETHER ATTACHED OR INCORPORATED BY REFERENCE, WHICH ARE USED FOR SOLICITATING BIDS IN ACCORDANCE WITH THIS ARTICLE. MATERIALS MEANS ALL PROPERTY, INCLUDING BUT NOT LIMITED TO, EQUIPMENT, VEHICLES, SUPPLIES, PRINTING, AND LEASES OF REAL PROPERTY, BUT DOES NOT INCLUDE LAND. PROCUREMENT MEANS TO OBTAIN BY MEANS OF MONETARY PAYMENT IN THE FORMS OF PURCHASING, RENTING, LEASING, OR OTHERWISE AQUIRING ANY MATERIALS, SERVICES, PROFESSIONAL SERVICES, OR CONSTRUCTION. PROFESSIONAL SERVICES MEANS THOSE SERVICES REQUIRING SPECIAL KNOWLEDGE, EDUCATION, OR SKILL AND WHERE THE QUALIFICATIONS OF PERSONS RENDERING THE SERVICES ARE OF PRIMARY IMPORTANCE. PUBLIC IMPROVEMENT MEANS ANY OF THE FOLLOWING: A. BUILDING, ERECTING, CONSTRUCTING, OR IMPROVING ANY STREET, SIDEWALK, ALLEY, OR OTHER PUBLIC WAY. B. BUILDING, ERECTING, CONSTRUCTING ANY IMPROVEMENTS TO THE WATER SYSTEM, SANITARY SEWER SYSTEM, ANY STORM SEWER, DRAINAGE DITCH, WATERWAY BRIDGE OR CULVERT WITHIN THE TOWN. C. ANY BUILDING OR STRUCTURE, OR MODIFICATION TO ANY BUILDING OR STRUCTURE, LOCATED ON PROPERTY OR RIGHT-OF-WAY IN WHICH THE TOWN HAS A PROPERTY INTEREST. 3-4 Amendment(15) Office of the Oro Valley Town Attorney/SIB 6.30.2000 RESPONSIBLE AND RESPONSIVE BIDDER MEANS .A PERSON WHO SUBMITS A BID WHICH CONFORMS IN ALL MATERIAL RESPECTS TO THE INVITATION FOR BIDS OR REQUEST FOR PROPOSALS AND WHO HAS THE CAPABILITY TO PERFORM THE CONTRACT REQUIREMENTS WITH THE INTERGRITY AND RELIABILITY WHICH WILL ASSURE GOOD FAITH PERFORMANCE, PURSUANT TO ARS § 41-2531. SERVICES MEANS THE FURNISHING OF LABOR, TIME OR EFFORT BY CONTRACTOR OR SUBCONTRACTOR, WHICH DOES NOT INVOLVE THOSE SERVICES REQUIRING SPECIAL KNOWLEDGE, EDUCATION, OR SKILL. SPECIFICATION MEANS ANY DESCRIPTION OF THE PHYSICAL OR FUNCTIONAL CHARACTERISTICS, OR OF THE NATURE OF A MATERIAL, SERVICE, PROFESSIONAL SERVICE, OR CONSTRUCTION ITEM. SPECIFICATION MAY INCLUDE A DESCRIPTION OF ANY REQUIREMENT FOR INSPECTING, "TESTING, OR PREPARING A MATERIAL, SERVICE, PROFESSIONAL SERVICE, OR CONSTRUCTION ITEM FOR DELIVERY. 3-4-3 In General; PROCUREMENT ORGANIZATION The Town Manager, OR HIS/HER DESIGNEE, shall act as the g PROCUREMENT agent for the Town. No purchase or contract for services PROCUREMENT of any kind or description, payment for which is to be made from funds of the Town, shall be made by the purchasing PROCUREMENT agent, or any officer, employee, or agent of the Town, except in the manner set forth in this Article. THE PROCUREMENT AGENT SHALL PRESCRIBE AND MAINTAIN SUCH FORMS AND RULES AS DEEMED APPROPRIATE FOR THE OPERATION OF THE PROVISIONS OF THIS ARTICLE. A. Under $1,000. Whenever any contemplated purchase or contract for services PROCUREMENT is for the sum of less than $1,000, the purchasing PROCUREMENT agent may order the item as needed without further formality. B. INFORMAL PROCUREMENT; Over $1,000 but under $ $20,000 inclusive. Whenever any contemplated purchase or contract for services PROCUREMENT is for the sum of at least $1,000 but not more than $20,000, the pufehasing PROCUREMENT agent is authorized to let contracts on a AN "informal bid" process (THREE written price quotations AND/OR DOCUMENTED TELEPHONE RESPONSE WITH PRIOR APPROVAL FROM THE PROCUREMENT AGENT), and he THE PROCUREMENT AGENT may then award the purchase or contract for services PROCUREMENT to the lowest responsible AND RESPONSIVE bidder THAT HAS SUBMITTED THE LOWEST PRICE QUOTE. THE PROCUREMENT AGENT MAY WAIVE THE "INFORMAL BID" PROCESS (THREE WRITTEN PRICE QUOTATIONS) OF ANY CONTEMPLATED PROCUREMENT AS THOSE PROVISIONS ARE SET FORTH IN SECTION 3-4-4. 3-4 Amendment(15) Office of the Oro Valley Town Attornev'SIB 6.30.2000 C. FORMAL PROCUREMENT;-8 000 $20,000 or over. Whenever any contemplated purchase of contract for services PROCUREMENT is for the sum of$10,000 $20,000 or more, the purchasing agent TOWN CLERK shall cause to be published in two (2) issues of a newspaper of general circulation in the Town ONE (1) TIME, A notice OF INVITATION FOR bids, PURSUANT TO ARIZONA REVISED STATUTES § 41- 2533. which THE notice shall be published at least ten (10) days prior to the date set for the receipt of bids. The notice herein required AND shall include a general description of the articles to be purchased or services to be performed and the time and place for opening bids. In addition, the :. •. '• - .:- • TOWN CLERK shall post a notice inviting OF INVITATION FOR bids in the Town Hall and may also mail to all responsible prospective ANY POTENTIAL BIDDER a copy of the notice inserted in the newspaper. D. CONTRACT SPLITTING NO CONTRACT SHALL BE SPLIT INTO PARTIAL CONTRACTS FOR THE PURPOSE OF AVOIDING THE REQUIREMENTS OF THIS ARTICLE NOR SHALL ANY CONTRACT BE MANIPULATED SO AS TO CONSTITUTE A SMALLER PROCUREMENT AS DEFINED IN SECTION 3-4-3 (A) AND (B) ABOVE. E. COUNCIL APPROVAL. NO PROCUREMENT CONTRACT OR AWARD OF BID OF $20,000 OR MORE SHALL BE ENTERED INTO EXCEPT WITH THE APPROVAL OF THE COUNCIL. 3-4-4 Exceptions A. :. . • • • ' • ! SOLE SOURCE PROCUREMENT In the event that there is only one firm, or company, or individual capable of providing a particular service or commodity and such services or commodities cannot be secured from other persons or companies, the bidding procedures of Section 3-4-6 shall not be applicable, and such services or commodities may be secured PROCURED without bidding AN INVITATION FOR BIDS. The Town Manager shall report at the next regularly scheduled meeting any such purchase. SOLE SOURCE PROCUREMENT SHALL BE AVOIDED, EXCEPT WHEN NO REASONABLE ALTERNATIVE SOURCES EXIST. SOLE SOURCE PROCUREMENTS IN THE SUM OF $20,000 OR MORE SHALL BE SUBMITTED TO THE COUNCIL FOR APPROVAL. B. Used Equipment. Upon recommendation of the PROCUREMENT AGENT, the Council may elect to waive the bid procedures with respect to the purchase of used equipment. 3-4 Amendment(15) Office of the Oro Valley Town Attorney/SIB 6.30.2000 C. Cooperative Purchasing. In the event of a purchase PROCUREMENTS made by. through or with the FEDERAL GOVERNMENT OR ITS AGENCIES, State of Arizona or its political subdivisions, OR THE HOUSTON-GALVESTON AREA COUNCIL [HGAC] the Council may approve such purchases or award such contracts for services MAY BE OBTAINED without a formal bidding process whenever other governmental units have done so for the same item or service if, in the opinion of the Town Manager, a separate bidding process is not likely to result in a lower price for such items or services. Purchases made by. through or with the State of Arizona or its political subdivisions, or the Duston-Galveston Area Council, or the United States Federal Government's General Services Administration SUCH PROCUREMENTS need not be submitted to the Council for approval but . - -. - are restricted to approved budgetary items WITHIN APPROVED DOLLAR AMOUNTS only. D. Emergency Purchases PROCUREMENT NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE, In case of an essence, the Mayor shall be empowered to authorize the PROCUREMENT agent to MAKE AN EMERGENCY PROCUREMENT OF MATERIALS, SERVICES, PROFESSIONAL SERVICES, OR CONSTRUCTION ITEMS WREN THERE EXISTS A THREAT TO PUBLIC HEALTH, WELFARE, OR SAFETY. purchase or secure services without complying with the procedures of the Article. IF A SITUATION EXISTS WHICH MAKES COMPLIANCE IMPRACTICABLE, UNNESSARY, OR CONTRARY TO THE PUBLIC INTEREST, AN EMERGENCY PROCUREMENT SHALL BE MADE WITHOUT COMPLYING WITH THE PROCEDURES OF THIS ARTICLE THOUGH LIMITED TO THOSE MATERIALS, SERVICES, PROFESSIONAL SERVICES, OR CONSTRUCTION ITEMS NECESSARY TO SATISFY THE EMERGENCY NEED. A full WRITTEN report in writing of the circumstances of any emergency purchase PROCUREMENT shall be filed by the pufehasi-ng PROCUREMENT agent with the Town Council at its next REGULARLY SCHEDULED meeting. E. PROFESSIONAL SERVICES Unless required by the Council, the bidding and other requirements of this Article shall not apply to professional services. Such services shall include, but not limited to, the—Col owing: physicians, attorneys, engineers, architects, and similar professions. FOR THE PURPOSE OF PROCURING THE PROFESSIONAL SERVICES OF, BUT NOT LIMITED TO, ARCHITECTS, ENGINEERS, FINANCIAL PROFESSIONALS, AND LEGAL COUNSEL, EACH DEPARTMENT HEAD MAY PROCURE SUCH SERVICES WITHOUT AN INVITATION FOR BID PROCUREMENT PROCESS, EXCEPT THAT ALL CONTRACTS EXCEEDING $20,000 IN AMOUNT SHALL REQUIRE APPROVAL BY RESOLUTION OF THE COUNCIL. NO CONTRACT FOR THE SERVICES OF LEGAL COUNSEL MAY BE AWARDED WITHOUT THE AUTHORIZATION OF THE TOWN ATTORNEY EXCEPT AS OTHERWISE PROVIDED BY LAW. 3-4 Amendment(15) Office of the Oro Valley Town Attorney/SIB 6.30.2000 3-4-5 BONDS A. BID BOND PURSUANT TO ARIZONA REVISED STATUTES § 48-584, A BID BOND IS REQUIRED FOR ALL PUBLIC IMPROVEMENT PROJECTS IN ORDER TO PROTECT THE TOWN IN THE EVENT THAT THE BIDDER REFUSES TO ENTER INTO A CONTRACT AFTER THE AWARD TO THE BIDDER OR WITHDRAWS THE BID BEFORE THE AWARD IS DECLARED. THE BOND SHALL BE FOR AN AMOUNT NOT LESS THAN TEN PERCENT (10%) OF THE TOTAL BID, IN CASH OR OTHERWISE, AND FILED WITH THE TOWN CLERK AT THE TIME OF SUBMISSION OF THE BID. B. PERFORMANCE BOND PURSUANT TO ARIZONA REVISED STATUTES § 34-222 (A) (1), A PERFORMANCE BOND IS REQUIRED CONDITIONED ON THE FAITHFUL PERFORMANCE OF THE CONTRACT. The pufehasing PROCUREMENT agent shall have the authority to require a performance bond, in cash or otherwise, for such AN amount as he may deem sufficient EQUAL TO THE FULL CONTRACT AMOUNT to secure the execution of the contract. for the best interest of the Town. A PERFORMANCE BOND IS SOLELY FOR THE PROTECTION OF THE TOWN. C. PAYMENT BOND PURSUANT TO ARIZONA REVISED STATUTES § 34-222 (A) (2), A PAYMENT BOND IS REQUIRED FOR THE PROTECTION OF ALL PERSONS DIRECTLY SUPPLYING THE LABOR AND MATERIAL TO THE CONTRACTOR OR ITS SUBCONTRACTORS FOR THE PERFORMANCE OF THE WORK PROVIDED FOR IN THE CONTRACT. THE PROCUREMENT AGENT SHALL REQUIRE A PAYMENT BOND, IN CASH OR OTHERWISE, FOR AN AMOUNT EQUAL TO THE FULL CONTRACT AMOUNT TO SECURE THE EXECUTION OF THE CONTRACT. A PAYMENT BOND IS SOLELY FOR THE PROTECTION OF CLAIMANTS SUPPLYING LABOR OR MATERIALS TO THE CONTRACTOR OR HIS SUBCONTRACTORS IN THE PROSECUTION OF THE WORK PROVIDED FOR IN SUCH CONTRACT. 3-4-6 INVITATION FOR BIDS AN INVITATION FOR BIDS SHALL BE ISSUED AND SHALL INCLUDE THE ITEM DESCRIPTIONS AND ALL CONTRACTUAL TERMS AND CONDTIONS APPLICABLE TO THE PROCUREMENT. The purchasing PROCUREMENT agent and all parties contracting with the Town shall follow the procedure set forth in this section ARTICLE. in-relation-to-all bids required under Section 3-4-1, subsection C. A. All notices and solicitations of bids shall state the time and place for opening. 3-4 Amendment(15) Office of the Oro Valley Town Attorney/SIB 6.30.2000 B. All bids shall be submitted sealed to the :. -. •-: .:- - TOWN CLERK and shall be identified as bids on the envelope. C. All bids shall be opened in public at the time and place stated in the public notice. BIDS RECEIVED AFTER THE APPOINTED TIME, SHALL BE RETIJRNED UNOPENED. D. The . .- - -- COUNCIL, _ - •. - . •. . -- Council under subsection C of the section shall have the authority to reject any and all bids and parts of all bids and re-advertise or re-solicit bids. E. THE BID SHALL BE AWARDED TO THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER WHOSE BID CONFORMS IN ALL MATERIAL RESPECTS TO THE REQUIREMENTS AND CRITERIA SET FORTH IN THE INVITATION FOR BIDS, PURSUANT TO ARIZONA REVISED STATUTE § 41-2533. 3-4-7 COMPETITIVE BIDDING PROCEDURES A. IMPROVEMENT DISTRICTS PURSUANT TO ARIZONA REVISED STATUTES § 48-581, THE TOWN SHALL USE COMPETITIVE BIDS IN AN IMPROVEMENT DISTRICT. B. USE OF TOWN EMPLOYEES FOR CONSTRUCTION PROJECTS CONSTRUCTION PROJECTS CAN BE COMPLETED BY REGULARLY EMPLOYED TOWN PERSONNEL WITHOUT GOING OUT TO BID PROVIDED: 1. THE TOWN USES ITS OWN EMPLOYEES FOR STREET, ROAD, BRIDGE, WATER OR SEWER WORK, WITHOUT ADVERTISING FOR BIDS IF THE TOTAL COST OF THE PROJECT DOES NOT EXCEED A THRESHOLD AMOUNT OF $169,497.00 FOR FY 99-00, AS PROVIDED BY ARIZONA REVISED STATUTES § 34-201 (D). 2. THE TOWN CONSTRUCTS, RECONSTRUCTS, INSTALLS, OR REPAIRS A NATURAL GAS OR ELECTRIC UTILITY AND WATER DISTRIBUTION SYSTEM, OWNED AND OPERATED BY THE TOWN, WITH THEIR EMPLOYEES WITHOUT GOING TO BID UNLESS OTHERWISE PROHIBITED BY ORDINANCE, PURSUANT TO ARIZONA REVISED STATUTES § 34-201 (E). 3. FOR ALL OTHER PROJECTS, THE TOWN COMPLETES A PROJECT THAT IT BELIEVES CAN BE ADVANTAGEOUSLY DONE BY ITS OWN EMPLOYEES PROVIDED THAT THE TOTAL COST OF THE WORK, EXCLUDING MATERIALS AND EQUIPMENT PREVIOUSLY ACQUIRED BY BID, DOES NOT EXCEED A THRESHOLD AMOUNT OF $15,726.00 FOR FY 99-00, AS PROVIDED BY ARIZONA REVISED STATUTES § 34-201 (C). 3-4 Amendment(15) Office of the Oro Valley Town Attorney/SIB 6.30.2000 4. ANY CONSTRUCTION DONE BY THE TOWN UNDER THIS SECTION SHALL COMPLY WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES (GAAP). C. DEVELOPMENT AGREEMENTS THE TOWN, WITHOUT GOING TO BID, MAY MAKE A CONTRIBUTION FOR THE FINANCING OF PUBLIC INFRASTRUCTURE PURSUANT TO A DEVELOPMENT AGREEMENT UP TO A THRESHOLD AMOUNT OF $112,331.00 FOR FY 99-00, AS PROVIDED BY ARIZONA REVISED STATUTES § 34-201 (F). D. CHANGE ORDERS WRITTEN NOTICE OF ANY CHANGE ORDER OR ACCUMULATIVE CHANGE ORDER OVER TWENTY PERCENT (20%) SHALL BE SUBMITTED TO THE COUNCIL FOR APPROVAL. E. BRAND NAME SPECIFICATION A BRAND NAME ITEM OR APPROVED ALTERNATE SPECIFICATION SHALL ONLY BE USED WHEN THE PROCUREMENT AGENT DETERMINES THAT USE OF A BRAND NAME ITEM IS ADVANTAGEOUS TO THE TOWN. F. LOWEST RESPONSIBLE AND RESPONSIVE BIDDER Unless the Council or purchasingPROCUREMENT agent OR COUNCIL should exercise the right of rejection as provided by Section 3-4-3 THIS ARTICLE, the purchase or contract PROCUREMENT shall be made from and with the lowest responsible AND RESPONSIVE bidder for the entire purchase or contract PROCUREMENT or for any part thereof. In determining the lowest responsible AND RESPONSIVE bidder, the Council and purchasing PROCUREMENT agent OR COUNCIL shall consider THE FOLLOWING: 1. The ability, capacity, and skill of the bidder to perform the contract or provide the service required. 2. Whether the bidder can perform the contract or provide the services promptly or within the specified time. 3. The quality of performance of previous contracts. 4. The previous and existing compliance by the bidder with laws and ordinances of the Town. 5. The financial resources and ability of the bidder to perform the contract. 6. The quality, availability, and adaptability of the supplies or services. 3-4 Amendment(15) Office of the Oro Valley Town Attorney/SIB 6.30.2000 . 3-4-8 Surplus PROPERTY A. SURPLUS PROPERTY LISTING All departments and offices DIVISIONS shall submit to the purchasing PROCUREMENT agent, at such time and in such form as he shall prescribe PRESCRIBED, WRITTEN reports showing all supplies and equipment which are no longer used or have become obsolete or worn out. A LISTING OF SURPLUS PROPERTY SHALL BE MAINTAINED AND SUCH PROPERTY SHALL BE TRANSFERRED BETWEEN DEPARTMENTS AND DIVISIONS AS NEEDED PRIOR TO PURSUING ANY DISPOSAL METHOD. B. DISPOSAL PROCESS OF SURPLUS PROPERTY The purchasing PROCUREMENT agent shall have the authority to sell all supplies and equipment DISPOSE OF ANY SURPLUS PROPERTY which IT PRINCIPALLY HAD A RIGHT TO ACQUIRE. IF THE PROPERTY cannot be used BY ANY DEPARTMENT OR DIVISION or which have HAS become unsuitable for Town use, TFIE PROCUREMENT AGENT MAY PURSUE, IN GOOD FAITH, ANY DISPOSAL PROCESS WHICH BENEFITS THE TOWN. , or to exchange the same for or trade in the sa - - -- . . :: - . -: -: . : --- - •- . :. - - . ' - . :: • . : - . - . . - . IF FOUND TO BE IN THE INTEREST OF THE PUBLIC AND WITHIN THE REASONABLE DISCRETION OF THE PROCUREMENT AGENT, THE PROCUREMENT AGENT MAY: 1. SELL THE SURPLUS PROPERTY AT PUBLIC AUCTION. 2. TRADE THE SURPLUS PROPERTY FOR CREDIT AGAINST NEW PURCHASES. 3. SELL THE SURPLUS PROPERTY THROUGH THE COMPETITIVE SEALED BIDDING PROCESS AFTER PROPER PUBLIC NOTICE. 4. MAY CONSIGN SURPLUS PROPERTY TO THIRD PARTIES FOR SALE UPON TERMS ADVANTAGEOUS TO THE TOWN. SUCH METHOD MAY NOT BE USED UNLESS, IN THE OPINION OF THE PROCUREMENT AGENT, IT IS THE ONLY VIABLE DISPOSAL METHOD AVAILABLE. 5. GIFT TO CHARITY IF IN THE OPINION OF THE PROCUREMENT AGENT THE SURPLUS PROPERTY CANNOT OTHERWISE BE DISPOSED OF USING ANY OF THE OTHER METHODS DESCRIBED IN THIS SECTION. C. SURPLUS PROPERTY PROCEEDS ALL PROCEEDS FROM THE SALE OF SURPLUS PROPERTY SHALL BE DEPOSITED IN THE APPROPRIATE REVENUE ACCOUNT OF THE TOWN. 3-4 Amendment(15) Office of the Oro Valley Town Attorney/SIB 6.30.2000 3-4-9 Signatures on Checks A. LESS THAN $ $1000 All checks for expenditures of Town monies for an amount of less than $ $1000 shall bear one signature of either the Town Manager, Town Clerk, or Finance Director. B. GREATER THAN $ $1000 All checks for expenditures of Town monies for an amount equal to or greater than $ $1000 shall bear two signatures of the Town Manager, Town Clerk, or Finance Director. C. SIGNATOR The Mayor and Vice-Mayor may serve as a signator for any expenditure in the absence of the Town Manager, Town Clerk, or Finance Director. (Amended 08/18/93) 3-4-10 State Preemption Notwithstanding any other portion of this Article, in the event any purchase or contract PROCUREMENT falls within the definitions for limitations of A.R.S. ARIZONA REVISED STATUTES § 34-201 ct seq. , as amended, the provisions, requirements, and specifications of the relevant portions of the Arizona Revised Statutes shall supercede this chapter ARTICLE and control any such bidding procedures. 3-4-11 PROHIBITED ACTIVITIES ANY DISCLOSURE BY A TOWN EMPLOYEE OF THE TERMS OF A BID SUBMITTED IN RESPONSE TO A BID NOTICE ISSUED BY THE TOWN OF ORO VALLEY IN ADVANCE OF THE TIME SET FOR OPENING OF ALL BIDS SO SUBMITTED SHALL BE UNLAWFUL. 3-4 Amendment(15) Office of the Oro Valley Town Attorney/SIB 6.30.2000 1l) TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: 7-19, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: Terry Vosler Building Safety Administrator SUBJECT: RESOLUTION DECLARING THE UNIFORM ADMINISTRATIVE CODE (WITH MODIFICATIONS APPENDED THERETO AS EXHIBIT A) A PUBLIC RECORD. BACKGROUND: On 6/21/00 Council approved Ordinance (0) 00 - 78 adopting the 1997 Edition of the Uniform Administrative Code. Thep �u ose of the Resolution before you is to declare the Uniform Administrative Code, 1997 edition, a public record. Three copies of the 1997 Uniform Administrative Code are and have been on file in the Town Clerks' Office for viewing or reference by the public since 6/21/00. STAFF RECOMMENDATION: Staff recommends that the Mayor and Council approve Resolution (R) 00 - 78 SUGGESTED MOTION: The Council may wish to consider the following motion: I move to approve Resolution (R) 00- 78 declaring the 1997 edition of the Uniform Administrative Code and the Town of Oro Valley Amendments to the Uniform Administrative Code public record. / Buildi-g Safety Administrator ,/ Com•t 'ty Development Director I, own Mana:er . RESOLUTION NO. (R) 00-78 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING THAT DOCUMENT KNOWN AS THE "UNIFORM ADMINISTRATIVE CODE, 1997 EDITION," AS PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, WITH MODIFICATIONS APPENDED THERETO AS EXHIBIT A, (AMENDING SECTION 6-1-4, UNIFORM ADMINISTRATIVE CODE, OF THE ORO VALLEY TOWN CODE) TO BE A PUBLIC RECORD; PROVIDING FOR FEES; AND DECLARING AN EMERGENCY TO EXIST. WHEREAS, it is necessary for the preservation of the peace, health, and safety of the Town of Oro Valley, Arizona, an emergency is declared to exist, and this resolution shall become immediately operative and in force from and after the date of posting thereof BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, that certain document entitled the "Uniform Administrative Code, 1997 Edition," as published by the International Conference of Building Officials, with modifications appended thereto as Exhibit A, three copies of which have been on file in the office of the Town Clerk since June 21, 2000, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 19TH day of JULY , 2000. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM. � . Dan L. Dudley, Town Attorney 6-14 Public Record(b) Office of the Oro Valley Town Attorney/SIB 7.7.2000 11 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: July 19, 2000 TO: HONORABLE MAYOR& COUNCIL FROM: Melissa Shaw, AICP, Planner II SUBJECT: OV12-98-07 STORAGE USA PUBLIC ART SUMMARY: In August, 1998, a development plan was approved to permit Storage USA to expand their facility onto 1.51 acres north of the existing storage units. Located on the east side of Oracle Road, the 4.5 acre site is approximately 400' south of Hardy Road. Zoning is C-2 on the older portion and C-1 on the expansion area. Construction began in early 2000, and the 28,756 SF of new storage units opened on June 23rd with a conditional temporary Certificate of Occupancy. One of the remaining conditions of approval that must be satisfied prior to issuance of a permanent C of 0 is installation of public art. A one percent contribution toward public art is required of all new commercial development projects, as specified in Section 4-504.F of the Oro Valley Zoning Code Revised. A rendering of the Public Art was approved with the development plan in 1998, but the owner determined that the approved design of a scorpion sculpture was inappropriate for the storage facility. A revised rendering was submitted to staff on June 13, 2000, and was transmitted to the Public Art Review Committee (PARC) shortly thereafter. PARC reviewed the submittal and recommended approval of the revised public art for Storage USA, with conditions. The approval letter from PARC dated June 19, 2000 is attached. PUBLIC ART DESCRIPTION: The proposed public art is a 9-foot tall wire frame rebar (all metal) sculpture of a saguaro cactus. The finish is natural metal, and will eventually turn to a rust finish. Details include the saguaro fruit in light gauge metal and nail clusters as the spines. The piece will be constructed by Cemrock Landscapes, a local company that produces "rock, water and aquatic features that are seamless and indistinguishable from nature". The PARC recommends that"rocks be incorporated into the base of the sculpture to add to the natural look of the piece". The sculpture will be incorporated into the landscaping in front of the office building and will be visible from Oracle Road. Keynote 26 shows the location on the attached partial copy of the development plan. Copies of the rendering, and a brochure from Cemrock are also attached. The applicant has not provided the artist contract to verify that it meets the 1% criterion, nor has he submitted any structural details on how the sculpture will be mounted. RECOMMENDATION: Public Art Review Committee and planning staff recommend approval of the revised Public Art for the Storage USA facility, with the aforementioned condition recommended by the PARC and with submission by the applicant and approval by the Town of the contract amount and structural details. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve the revised pubic art for OV 12-98-07, Storage USA Expansion Development Plan, with the conditions that rocks be incorporated at the base of the sculpture and that the applicant submit, and receive Town staff approval of, the structural details and contract amount. OR I move to approve the revised pubic art for OV 12-98-07, Storage USA Expansion Development Plan, with the conditions that rocks be incorporated at the base of the sculpture and that the applicant submit, and receive Town staff approval of, the structural details and contract amount, and the following additional conditions shall also be added: OR I move to deny the revised pubic art for OV 12-98-07, Storage USA Expansion Development Plan, finding that: ATTACHMENTS: 1. June 19 letter from PARC 2. Cemrock brochure 3. Rendering of cactus sculpture 4. Copy of a portion of the development plan F:\12-98-07\DPTC.RPT /tIL Plane : - d Zonin Administrator Co muni y Development Director / � !!/L"t !L Town anag V)- fACr MEMORANDUM June 19, 2000 TO: Bayer Vella, Senior Planner FROM: Gigi Miller,Public Art Review Committee SUBJECT: Storage USA Sculpture This memo is to inform you that the Public Art Review Committee has reviewed and is recommending approval of the public art for Storage USA located at 8710 N. Oracle Road, Oro Valley. 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AP 4141410,dritito zl:r .%k.' ,? . ..--1--,...,, ,." ,• 1 S'SL 31 N . ,'-))6 z ,.. 1, 4. • > ' _```' % ;�. _ ., �i � 1 I .3M3SX3I I I I I ', V -' II I f \I•IA.. : 1 it II I ( -�10)L• .,I 1•''1. • (,) • • o s �, '' �� ••.x;11. 2 �'_� i ? :_ • Z w Co o cx).v....tt:..)_., 1 - : r,1 N) --,2:.0)6 . ...v.:1.. : ,-;," :I.P 1 • • • . 1 I �Jy5 • • \ •• I ccs l (MO-13 133HS 1SI X3) I C • • .• OOl 86J-i l 1-Z90-Z d.. .3.dM Z.l I • s}� U. - 0 I ... _ON1: S"•X3 I. id0i�d rv1 i 1 '-- 1 II II •• i C { i. ll0l Od 09L 1 a I I - i N ,� 1�dMH01 H 3)N3d013- OS0(11 I �-- -- .A .in Gln i 1 un-I ngmnitov tt 1 I - I -- 1 2 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: July19,2000 TO: HONORABLE MAYOR& COUNCIL FROM: Bayer Vella, Senior Planner and Michael Shanley, Planner I SUBJECT: RECONSIDERATION OF OV12-00-05 RANCHO VISTOSO NEIGHBORHOOD 7 PARCEL A, PRELIMINARY PLAT ADJACENT TO MOORE ROAD,WEST OF HIGHLANDS WASH, AND EAST OF VISTOSO RIDGE SUMMARY EEC, representing Vistoso Partners, requests Town Council approval of a preliminary plat. The plat is an in-fill project along the westerly boundary of the PAD. The proposal involves 47.15 acres and consists of 55 single- family lots. The subject parcel is located south and adjacent to Moore Road, west and adjacent to Highlands Wash, and east of Vistoso Ridge Subdivision, which is currently being developed. Attached is a letter received from the applicant for Rancho Vistoso Neighborhood 7, Parcel A, requesting that the Council reconsider the preliminary plat as submitted. The plat was denied at the July 5th Council Meeting due to issues regarding the proposed open space exchange. The consultant asserts that the developable area included as part of the proposed open space trade area exceeds the 1:1 standard. Staff concurs with the methodology utilized to make this determination. RECOMMENDATION If the Town Council wishes to reconsider this item, staff requests additional time to review the information submitted by EEC. Staff recommends continuing this item to the August 2, 2000 Town Council Meeting. SUGGESTED MOTIONS: The Council may wish to consider one of the following motions: I move to reconsider OV 12-00-05, Rancho Vistoso Neighborhood 7A Preliminary Plat, and continue this item to the August 2, 2000 Town Council Meeting. OR I move to reconsider OV 12-00-05, Rancho Vistoso Neighborhood 7A Preliminary Plat, and continue this item to the August 2, 2000 Town Council Meeting with the following added conditions: OR I move to deny reconsideration of OV 12-00-05, Rancho Vistoso Neighborhood 7A Preliminary Plat, finding that: Attachment: Request for Reconsideration from EEC TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 Planni' d Zoning Administrator Community Development Director i ', Tow Man.ger // \\OV_PZD\PZ 1\OV\OV 12\2000\12-00-05\PP TCII Report.doc Bryant Nodine July 11, 2000 Planning and Zoning Division civil engineering Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 transportation Re: Reconsideration of the Preliminary Plat for: Rancho Vistoso Neighborhood 7, Parcel 'A' environmental services Lots 1-55 and Common Areas A, B, C Oro Valley Case: 0V12-00-05 Mr. Nodine, water resources We are requesting a reconsideration for the above mentioned project based on the following clarification of the three issues raised in the 7/5/00 meeting. Those issues are addressed as follows: land surveying 1. Natural Open Space Exchange The original intent of Exhibit 'B' on sheet 5, of the Preliminary Plat was to show the site development Natural Open Space, (N.O.S.), exchange area in compliance with Oro Valley Planning/Zoning requirements. The following will provide additional clarification of the amount of the N.O.S. which is developable versus un-developable. hydrology vi d Exhibit B'and the A slope analysis was performed; see the attached Re se blueline example showing how the slope developablility was derived. This now shows the contiguous areas and locations of the additional N.O.S., which have landscape architecture slopes less than 25% and are thus developable; verses that which is considered un- developable (with slopes greater than or equal to 25%). The total area of land which falls under 25% slope (1.35 acres) is in excess of that area which the proposed encroachment of the 'ridge' encompasses (1.21 acres). Note: The area of the ridge encroachment was reduced from 1.30 acres to 1.21 acres due to an existing N.O.S. easement across Lot 30 of 0.09 acre. Please note that two additional recreation areas totally over 11,000 square feet (.25 acres) are being provided by the developer and was shown on the plat. These areas could be converted to Common Area 'A', (N.O.S.) and thus increase the acreage of developable land included in the exchange. Additionally, the developer is providing five trail-access openings to Highlands Wash, and a trail extending the entire subdivision length. Thus, the plat was originally in substantial compliance with the N.O.S. exchange requirements set forth by Oro Valley Planning/Zoning. The clarification will be depicted on the Revised Exhibit'B' on the Revised Preliminary Plat. Engineering and Environmental Consultants, Inc. 4625 E. Fort Lowell Road • Suite 200 • Tucson, Arizona 85712 Phone:520-321-4625 Fax:520-321-0333 2. Common Area "B", Private Drive/Sewer A question was raised regarding the future maintenance responsibility of the private drive and private sewer serving Lots 28-31. The Covenants, Conditions and Restrictions will address the breakdown of the equitable shares of the homeowner's fees as it pertains to the maintenance of Common Area B. This decision will take place at time of Final Plat review and will be derived by the developer. Note: The Town of Oro Valley will not be responsible for the maintenance of this common area. 3. Lot 31 or C.A. 'C'? Lot 31 has a confusing reference to a C.A. 'C' attached to it. Lot 31 under a previous layout was to be Common Area 'C,' graded slopes. In the final submittal of the plat, a lot, adjacent to Lot 9, was eliminated due to Oro Valley Planning/Zoning lot-layout requirements, and thus Lot 31 was created to keep the lot count at 55. The reference to 'C.A. C' was unfortunately not removed from the plat. This will be removed on the Revised Preliminary Plat. The Final Plat will show Lot 31 boundaries and show no reference to a C.A. 'C'. Additionally the revised Preliminary Plat will indicate that Lot 31 is to be custom graded, rather than mass graded. If you have any questions please do not hesitate to call me at 321-4625 or e-mail me @ mbruninggeectuc.com Sincerely, ENGINEERING AND ENVIRONMENTAL CONSULTANTS, INC. . ��1 rAil 4, ,, `0 Q.�,' tCq TF �y 34568 . Michael W. Bruning, P.E. MICHAEL W. < Project Engineer 0 s •' 1BRUNINGt • • ' �NED . pc: Mayor Loomis and Town Council Dick Maes, Vistoso Partners eec File MWB:mwb \\EEC_TUC_SO1\SYS\TUCSON\MBRUNING\Oro—Valley\M&C LE 1 1 ER.doc (Xe Bryant Nodine July 11, 2000 Planning and Zoning Division civil engineering Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 transportation Re: Reconsideration of the Preliminary Plat for: Rancho Vistoso Neighborhood 7, Parcel 'A' environmental services Lots 1-55 and Common Areas A, B, C Oro Valley Case: OV12-00-05 Mr. Nodine, water resources We are requesting a reconsideration for the above mentioned project based on the following clarification of the three issues raised in the 7/5/00 meeting. Those issues are addressed as follows: land surveying 1. Natural Open Space Exchange The original intent of Exhibit 'B' on sheet 5, of the Preliminary Plat was to show the site development Natural Open Space, (N.O.S.), exchange area in compliance with Oro Valley Planning/Zoning requirements. The following will provide additional clarification of 9 9 the amount of the N.O.S. which is developable versus un-developable. hydrology attached Revised Exhibit B'and the A slope analysis was performed; see the blueline example showing how the slope developablility was derived. This now shows the contiguous areas and locations of the additional N.O.S., which have landscape architecture slopes less than 25% and are thus developable; verses that which is considered un- developable (with slopes greater than or equal to 25%). The total area of land which falls under 25% slope (1.35 acres) is in excess of that area which the proposed encroachment of the 'ridge' encompasses (1.21 acres). Note: The area of the ridge encroachment was reduced from 1.30 acres to 1.21 acres due to an existing N.O.S. easement across Lot 30 of 0.09 acre. Please note that two additional recreation areas totally over 11,000 square feet (.25 acres) are being provided by the developer and was shown on the plat. These areas could be converted to Common Area 'A', (N.O.S.) and thus increase the acreage of developable land included in the exchange. Additionally, the developer is providing five trail-access openings to Highlands Wash, and a trail extending the entire subdivision length. Thus, the plat was originally in substantial compliance with the N.O.S. exchange requirements set forth by Oro Valley Planning/Zoning. The clarification will be depicted on the Revised Exhibit'B' on the Revised Preliminary Plat. Engineering and Environmental Consultants, Inc. 4625 E. Fort Lowell Road • Suite 200 • Tucson, Arizona 85712 Phone:520-321-4625 Fax:520-321-0333 2. Common Area "B", Private Drive/Sewer A question was raised regarding the future maintenance responsibility of the private drive and private sewer serving Lots 28-31. The Covenants, Conditions and Restrictions will address the breakdown of the equitable shares of the homeowner's fees as it pertains to the maintenance of Common Area B. This decision will take place at time of Final Plat review and will be derived by the developer. Note: The Town of Oro Valley will not be responsible for the maintenance of this common area. 3. Lot 31 or C.A. 'C'? Lot 31 has a confusing reference to a C.A. 'C' attached to it. Lot 31 under a previous layout was to be Common Area 'C; graded slopes. In the final submittal of the plat, a lot, adjacent to Lot 9, was eliminated due to Oro Valley Planning/Zoning lot-layout requirements, and thus Lot 31 was created to keep the lot count at 55. The reference to 'C.A. C' was unfortunately not removed from the plat. This will be removed on the Revised Preliminary Plat. The Final Plat will show Lot 31 boundaries and show no reference to a C.A. 'C'. Additionally the revised Preliminary Plat will indicate that Lot 31 is to be custom graded, rather than mass graded. If ou have anyquestions please do not hesitate to call me at 321-4625 or e-mail y me @ mbruninggeectuc.com Sincerely, ENGINEERING AND ENVIRONMENTAL CONSULTANTS, INC. K. \ )0:.rff• :4, �#ICAT ��f' o 4 U.? 34568 ° Michael W. Bruning, P.E. m )MICHAEL W. < Project Engineer o BRUNING� 1• . a 10N ED pc: Mayor Loomis and Town Council Dick Maes, Vistoso Partners eec File MWB:mwb \\EEC TUC_S01\SYS\TUCSON\MBRUNING\Oro—Valley\M&C LEI t ER.doc ,• ' ..i • ' •-7,-- -', ...' . , ,,-";,,:,.• '., ....,/ ' - -r-, - -....:..,,,,; t . ,, )•.).05.' ; ,,, .L:, •••: ,‘,.. .,. , / ; /.. , ,/:. ..../ I / //''..vi • • ..t.-f?•.t (--'1 C,-) :::t`. ..... '.....'„t,.;• ' , ' ; • - \ . . (0 . . if , .1 • / ' • ., , , , . r , • , . , ". .. , J.: i , i. i,......„ . . 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