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**AMENDED** 6/05/00 5:30 p.m. AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION JUNE 7, 2000 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE ** CEREMONIAL SWEARING IN CEREMONY OF NEW COUNCIL MEMBERS: BART ROCHMAN AND WERNER WOLFF 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. NOMINATION AND SELECTION OF VICE MAYOR 1. CONSENT AGENDA (Consideration and/or possible action) 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. WI7-1700 to Alliance Service and Control Specialists, Inc. 06/07/00 Agenda,Council Regular Session 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 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. 0V12-97-17B 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. OV12-96-04B Rams Canyon Estates Lots 1 — 5 and Common Area A, Cottonwood Properties request for approval of Construction Bond In Lieu of Assurance Agreement N. OV12-97-8A Vistoso Ridge Substitute Assurance Agreement Between Pulte and Lawyers Title as Trustee of Vistoso Ridge, Lots 36-121 and Common Areas A & B 2. PRESENTATION OF AWARDS FOR THE SPRING 2000 SEMESTER OF LEARNING EXCELLENCE AND PARENTING (LEAP) PROGRAM TO CANYON DEL ORO HIGH SCHOOL STUDENTS 3. CONSIDERATION AND POSSIBLE APPROVAL OF APPOINTMENTS TO THE BUDGET AND BOND COMMITTEE 4. CONSIDERATION AND POSSIBLE APPROVAL OF APPOINTMENT TO TOWN OF ORO VALLEY MUNICIPAL PROPERTY CORPORATION BOARD OF DIRECTORS 5. PUBLIC HEARING-APPROVAL OF APPLICATION OF SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR CIEN ANOS MEXICAN GRILL, LOCATED AT 10325 N. LA CANADA DRIVE 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) 06/07/00 Agenda, Council Regular Session 3 7. PUBLIC HEARING ORDINANCE NO. 00-18 AMENDING THE TOWN- WIDE ROADWAY DEVELOPMENT IMPACT FEE 8. RESOLUTION NO. (R)00-57 ADOPTING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF TUCSON REGARDING WATER MATTERS 9. RESOLUTION (R)00-58 PROVIDING NOTICE OF INTENT TO INCREASE WATER RATES AND FEES FOR THE ORO VALLEY WATER UTILITY 10. CONSIDERATION OF A TRAILS TASK FORCE AS RECOMMENDED BY THE PARKS AND RECREATION ADVISORY BOARD 11. MASTER PLAN ALTERNATIVES FOR DENNIS WEAVER POOL (JEFF CHOW, EARL KAI CHANN ASSOCIATES, LTD.) 12. PROPOSAL BY SWIM TUCSON FOUNDATION FOR THE DEVELOPMENT OF AN ADDITIONAL POOL AT DENNIS WEAVER PARK (CONTINUED FROM MAY 3, 2000) 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. 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 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 THE COMMERCE LOOP ALIGNMENT SOUTH OF RANCHO VISTOSO BOULEVARD (FROM MAY 17, 2000) 16. **RESOLUTION NO. (R)00- 59 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF TUCSON FOR PURCHASE OF WHOLESALE WATER DURING EMERGENCY SITUATIONS 17. **COUNTRYSIDE WATER SERVICE AREA WELL AND INTERCONNECTION STATUS REPORT 06/07/00 Agenda, Council Regular Session 4 **EXECUTIVE SESSION AT OR AFTER 7:00 PM A. Pursuant to ARS 38-431.03(A)(3) & (A)(7) Legal Advice relating to the acquisition of property relating to Countryside water service area B. 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- g g 630 TUC 18. **ACQUISITION OF REAL PROPERTY RELATING TO THE CONSTRUCTION OF A NEW 800,000 GALLON WATER RESERVOIR IN THE COUNTRYSIDE SERVICE AREA 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: 5/26/00 REPOSTED: 6/05/00 4:30 P.M. 5:30 P.M. LH KC 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 06/07/00 Agenda, Council Regular Session 5 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. AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION JUNE 7, 2000 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE SWEARING IN CEREMONY OF NEW COUNCIL MEMBERS: BART ROCHMAN AND WERNER WOLFF 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. NOMINATION AND SELECTION OF VICE MAYOR 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 5/07/00 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. 06/07/00 Agenda,Council Regular Session 2 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 Agree ent (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 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. 0V12-97-17B 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. OV12-96-04B Rams Canyon Estates Lots 1 — 5 and Common Area A, Cottonwood Properties request for approval of Construction Bond In Lieu of Assurance Agreement N. OV12-97-8A Vistoso Ridge Substitute Assurance Agreement Between Pulte and Lawyers Title as Trustee of Vistoso Ridge, Lots 36-121 and Common Areas A & B 2. PRESENTATION OF AWARDS FOR THE SPRING 2000 SEMESTER OF LEARNING EXCELLENCE AND PARENTING (LEAP) PROGRAM TO CANYON DEL ORO HIGH SCHOOL STUDENTS 3. CONSIDERATION AND POSSIBLE APPROVAL OF APPOINTMENTS TO THE BUDGET AND BOND COMMITTEE 4. CONSIDERATION AND POSSIBLE APPROVAL OF APPOINTMENT TO TOWN OF ORO VALLEY MUNICIPAL PROPERTY CORPORATION BOARD OF DIRECTORS 5. PUBLIC HEARING-APPROVAL OF APPLICATION OF SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR CIEN ANOS MEXICAN GRILL, LOCATED AT 10325 N. LA CANADA DRIVE 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 FR M MAY 3, 2000) 06/07/00 Agenda,Council Regular Session 3 7. PUBLIC HEARING ORDINANCE NO. 00-18 AMENDING THE TOWN- WIDE ROADWAY DEVELOPMENT IMPACT FEE 8. RESOLUTION NO. 00-57 ADOPTING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF TUCSON REGARDING WATER MATTERS 9. RESOLUTION (R)00-58 PROVIDING NOTICE OF INTENT TO INCREASE WATER RATES AND FEES FOR THE ORO VALLEY WATER UTILITY 10. CONSIDERATION OF A TRAILS TASK FORCE AS RECOMMENDED BY THE PARKS AND RECREATION ADVISORY BOARD 11. MASTER PLAN ALTERNATIVES FOR DENNIS WEAVER POOL (JEFF CHOW, EARL KAI CHANN ASSOCIATES, LTD.) 12. PROPOSAL BY SWIM TUCSON FOUNDATION FOR THE DEVELOPMENT OF AN ADDITIONAL POOL AT DENNIS WEAVER PARK (CONTINUED FROM MAY 3, 2000) 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. 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 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 THE COMMERCE LOOP ALIGNMENT SOUTH OF RANCHO VISTOSO BOULEVARD (FROM MAY 17, 2000) 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 06/07/00 Agenda, Council Regular Session 4 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: 5/26/00 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 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. 06/07/00 Agenda,Council Regular Session 5 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 REGULAR SESSION 0 MAY 03,2000 1r f ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION CALL TO ORDER 6:15 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Paul Parisi, Council Member Fran LaSala, Council Member ABSENT: Wayne Bryant, Council Member MOTION: A MOTION was made by Vice Mayor Johnson and SECONDED BY Council Member LaSala to go into Executive Session at 6:15 p.m. for the following purpose: 1. Pursuant to ARS 38-431.03 (A)(3) to obtain legal advice relating to Tortolita v. Town of Oro Valley Cause No. 328365 and related cases and matters 2. Pursuant to ARS 38-431.03 (A)(3) to obtain legal advice relating to PAD amendment for Rancho Vistoso Neighborhood 11. The Motion carried, 4— 0. MOTION: A MOTION was made by Council Member LaSala and SECONDED by Vice Mayor Johnson to go out of Executive Session at 6:34 p.m. Motion carried, 4—0. RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:01 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Fran LaSala, Council Member Wayne Bryant, Council Member EXCUSED: Paul Parisi, 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. 05-03-00 Minutes,Council Regular Session 2 CALL TO AUDIENCE Hector Conde, 14040 N. Lobelia Way, stated that he supported any effort to permanently save the wildlife corridor in Rancho Vistoso Neighborhood 11. He encouraged the Town top urchase Honey Bee Canyon after an appraisal is completed on the property. He stated that by the Town purchasing the property, there would be no more talk of trading the Honey Bee property for open space. Mr. Conde stressed that more than 80 percent of the Oro Valley population wanted to protect open space as was shown in the last Town survey. 1. CONSENT AGENDA At the request of Council Member LaSala, Mayor Loomis removed Item D from the Consent Agenda. MOTION: Vice Mayor Johnson MOVED to APPROVE the Consent Agenda with the exception of Item D. Council Member Bryant SECONDED the motion. Motion carried, 4-0. A. Minutes—4-19-00 B. Request for Permission from Marvin Humphrey to sell ice cream from their truck on the streets of Oro Valley C. Resolution (R)00-39 Modification of Intergovernmental Agreement (IGA) with ADOT for Traffic Signal Maintenance D. The Chamber of Northern Pima County Quarterly Report: January 1, 2000 —March 31, 2000 (PULLED FOR DISCUSSION) E. OV12-98-14 Rancho Catalina Offices Public Art, located on the east side of Oracle Road,North and adjacent to the Dome Building F. OV12-99-17 Pusch Ridge Child Care/Office Complex Public Art, located on the west side of Oracle Road, south of Pusch View Lane D. THE CHAMBER OF NORTHERN PIMA COUNTY QUARTERLY REPORT: JANUARY 1,2000—MARCH 31, 2000 In response to questions from Council Member LaSala, Economic Development Administrator Jeff Weir explained that he has found the Chamber to be a real asset to the Town and local businesses. He stated that the Chamber helps with inquiries from people who are looking to relocate to Oro Valley. The Chamber also works to increase event activities that focus on the community. Mr. Weir stated that the Chamber also assists local businesses and works on the retention of the existing businesses. Council Member LaSala asked to have a list of the Chamber membership and their trades available for review during the budget review process. In response to a question from Council Member Bryant, Mr. Weir explained that the Chamber is listed as a 501-C6, a not for profit organization. 05-03-00 Minutes,Council Regular Session 3 MOTION: Council Member LaSala MOVED to ACCEPT the Chamber of Northern Pima County Quarterly Report. Council Member Bryant SECONDED the motion. Motion carried, 4—0. 2. OV12-97-08B FINAL PLAT VISTOSO ESTATES LOTS 1-35 LOCATED SOUTH OF MOORE ROAD APPROXIMATELY 1/4 MILE EAST OF THE LA CANADA DRIVE EXTENSION (CONTINUED FROM 4-19-00) Community Development Director Brent Sinclair reported that since continuance of this item from the April 19th Town Council meeting, staff has met with the applicant to review the access from the "knuckle" onto Moore Road. He stated that the development plan has been examined, and it has been determined that the proposal includes a modified cul-de-sac which would provide a safe access. In response to a question from Mayor Loomis, Town Engineer Bill Jansen stated that they have met with the developer on several occasions and they are satisfied with the resolution. In response to a question from Council Member LaSala, Police Chief Dan Sharp and Golder Ranch Fire Chief John Fink stated that were okay with the development plan. In response to Council Member Bryant's concerns about property being located in or near the floodplain, Mr. Sinclair explained that the plan must meet certain requirements. In addition the areas that are actually in the floodplain, will be designated common area and conservation easements. He stated that in most cases, the PAD (Planned Area Development) elevation must be at least one foot above the base floodplain elevation. He also explained that when the property is recorded, a certification signed by the property owners acknowledging the fact that the property is at or near the floodplain is also included. Council Member Bryant asked to have verification of any type of berm/dike protection on Lots 13, 30, 33, 34, 35. MOTION: Vice Mayor Johnson MOVED to APPROVE OV 12-97-08B Vistoso Estates Final Plat, effective on the date of satisfaction of attached conditions listed in Exhibit «A.,, A) 1. The applicant will submit a revised recreation area plan for staff review. It shall provide a similar level of activities as the original, approved plan at the scale required for the proposed number of lots. Any significant deviation will need to be reviewed by the Development Review Board and approved by the Town Council. 2. Designate the 100-year floodplain within lot 30 and 35 as a conservation easement. Delete the conservation easement currently shown in lot 30. 3. Corrections: a) Delete the Town limits on the page 1 location map, these are not correct 05-03-00 Minutes,Council Regular Session 4 b) Change all references to Copper Springs Drive or Road(note #30 and sheets 2-4)to Copper Spring Trail c) Revise note 26 to delete the ",utility," after "include." d) Revise note 26 to replace everything after"landscape buffers" with "and landscape easements, which be altered as required by Code." 4. Submit a revised final plat mylar for recordation and 2 sets of bluelines. Council Member LaSala SECONDED the motion. Motion carried, 4—0. 3. OV 12-00-03 RANCHO VISTOSO NEIGHBORHOOD 3 PHASE 1 PRELIMINARY BLOCK PLAT FOR FOUR LOTS ON EITHER SIDE OF THE COMMERCE LOOP ALIGNMENT SOUTH OF RANCHO VISTOSO BOULEVARD Planning and Zoning Administrator Bryant Nodine reviewed the Council Communication and explained that the zoning on the Rancho Vistoso Neighborhood 3, Phase 1 Preliminary Block Plat was Campus Park Industrial (CPI). Mr. Nodine reviewed an overhead map depicting the property and explained that the open space limits of the Rancho Vistoso PAD (Planned Area Development) were based on riparian areas and steep slopes. Mr. Nodine explained that the open space boundaries on the PAD are approximate due to the fact that the scale of the original map did not allow detailed and accurate delineation of the areas. Therefore, staff has used a"trade" approach to review the development of the PAD. Criteria used to evaluate the trade were: 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; and the trade must create meaningful open space that helps to improve the PAD and the community. Mr. Nodine also reviewed traffic, drainage, grading and native plant salvage plan issues. He explained that the area would be mass graded (areas listed as developable in the PAD.) The applicant is proposing to cut the ridge in Phase I an average depth of fifteen feet with the maximum cut of twenty-four feet which is allowed by the Rancho Vistoso PAD. He explained that the extent of the cut is proposed to maximize the developable areas and to provide a balance of cut and fill throughout Neighborhood 3 and 4. Mr. Nodine explained that the earth generated by grading in Phase 1 of Neighborhood 3 would be transported to Neighborhood 4 where the applicant proposes to place it as engineered fill (addressed in Condition#4-d of Exhibit A.) Regarding the native plant salvage plan, Mr. Nodine explained that the site resource inventory indicates that most of the significant vegetation would be preserved in place. He also explained that there are large numbers of mesquite trees that are proposed for salvage from Neighborhood 4 and the applicant intends to use a portion of these to revegetate the disturbed agricultural land in the area. It is also being recommended by staff,that salvaged plants be used to create a buffer between the future development in Neighborhood 4 and the Big Wash riparian area. 05-03-00 Minutes,Council Regular Session 5 Mr. Nodine stated that the plat is in conformance with the Town's General Plan. The proposed uses are consistent with the Campus Park designation and the plat conforms to almost all of the policies. He stated that the Development Review Board and staff recommended approval of the proposed plat with the conditions as listed in Exhibit "A." Discussion followed regarding the following issues: impact of earth movement and fill on possible flooding, engineering fill and stock pile, hydro-seeding and irrigation, and calculation and tracking of open space. Charles Hulsey, The WLB Group, representing the applicant, Vistoso Partners, presented an overview of the proposed project and the Rancho Vistoso PAD. He explained that their goal was to have no stockpiled materials. Mr. Hulsey stated that they also planned to transplant trees immediately into the farm fields to provide a natural looking screening from future development for the residents. He further explained that they would be meeting with neighbors on Monday, May 8th to address their concerns. Although not a public hearing, Mayor Loomis allowed public input. The following citizens expressed their concerns regarding inadequate answers to homeowners' concerns, the impact of moving and dumping fill, dust mitigation, possible Valley Fever problems, immediate hydroseeding, and protection of an adopted trail in Big Wash: Karen Rogers, 1815 E. Starmist Place Army Curtis, 11991 N. Labyrinth Drive Richard Feinberg, 1451 E. Triton Place Brady Buckley, 11526 N. Civano Place Aimond Pepper, 2143 Buster Mountain Drive Charles LaForge, 1002 W. Wilkenson The Mayor recessed the meeting at 8:17 p.m. The meeting resumed at 8:22 p.m. Further discussion followed regarding proposed traffic signals, traffic studies and Arizona Department of Transportation (ADOT) requirements, the location of the haul road, and review of the grading plan. MOTION: Council Member Bryant MOVED to CONTINUE OV 12-00-03, Rancho Vistoso Neighborhood 3, Phase 1, Preliminary Block Plat until the residents have an opportunity to meet with the developer and come back to Council on June 7, 2000. Council Member LaSala SECONDED the motion. AMENDMENT TO THE MOTION: Council Member LaSala asked to change the date to May 17, 2000. Council Member Bryant agreed to the amendment. Discussion followed regarding the developer meeting with concerned citizens. Mayor Loomis asked for a clarification of the status of the mesquite bosque, whether it was open space or protected riparian area. He also asked that there be conditions added that all the 05-03-00 Minutes,Council Regular Session 6 fill will be vegetated immediately, that the stockpiling would be for a maximum of one year, and that the dust protection is covered by the Town's ordinances. Motion carried, 4 —0. 4. OV 12-00-02 VENTANA MEDICAL SYSTEMS DEVELOPMENT PLAN FOR AN OFFICE RESEARCH AND MANUFACTURING FACILITY 1/4 MILE SOUTH OF THE RANCHO VISTOSO BOULEVARD AND COMMERCE LOOP INTERSECTION Planning and Zoning Administrator Bryant Nodine reviewed the Council Communication and explained that the Development Plan includes a multi-building facility in Rancho Vistoso,Neighborhood 3, Lot 7 with Campus Park Industrial (CPI) zoning. Mr. Nodine reported that the Development Plan meets all the requirements of the Rancho Vistoso PAD (Planned Area Development) and most of the Town Code requirements except those that relate to parking, access, and engineering which are addressed in the Conditions of Approval in Exhibit"A." He stated that staff supports the applicants proposal for the reduction in parking. Mr. Nodine also reported that the Development Plan is in conformance with the Town's General Plan. Staff recommended approval of the proposed plan subject to the conditions as listed in Exhibit"A" minus #4 and#5 with #6 being information being provided for the applicant for future development. Matt Sears, ER-HDR Architecture, representing the applicant Ventana Medical Systems, presented an overview of the site plan. He explained that the planned facility is for a three building campus with a total of 182,000 square feet. He reviewed the site access points, parking areas, drainage areas, and lighting. He explained that with respect to landscaping, the plan is part of the Oracle Road Scenic Overlay District. Mr. Sears also reviewed the architecture features of the proposed facilities. In response to questions from Council Member Bryant, Mr. Sears explained that there is some planned open space directly east of Lot 7. He also explained that there would be some building lights left on at night for security, but the overall site lighting would be turned off later in the evening. Further discussion followed regarding the retention basins and drainage. MOTION: Council Member LaSala MOVED to APPROVE OV12-00-02 Ventana Medical Systems Development Plan, effective on the date of satisfaction of the conditions listed in Exhibit"A" with the deletion of Conditions 4, 5 & 6. A) 1. Drainage Report a) The minimum size of the bleeder pipes in the detention basins is 12-inches and shall include an orifice plate to decrease the flow area. Trash racks will be required. b) Explain in the report how the maintenance of the detention basins will be done. 05-03-00 Minutes,Council Regular Session 7 c) Weir structures will be required in the overflow structures for storms larger than the 5-year. d) The bleeder pipe outlets of the detention basins shall be mitered to the slope of the berms and rip-rapped. 2. Development Plan a) Provide an easement or other agreement with the Vistoso Partners for improvements and maintenance of the off-site drainage ways. b) Show ties to the site boundary plan to two section corners or quarter corners as required by Section of 4-305-F-2 of the Oro Valley Zoning Code Revised. c) The parking may be reduced using the calculations of net floor area provided by the applicant. d) Add call outs on the DP for all rip-rapped areas and scour holes. e) Remove the detail call out for B/C-2.1 by Street F and lower left corner of sheet C3-1 of the DP. 3. Zoning Code a) Section 4-504-C-4; indicate the acreage/square footage of natural open space, parking, landscaping, and drainage ways (each separately) in general notes. Vice Mayor Johnson SECONDED the motion. Motion carried, 4--0. 5. OV12-00-02 VENTANA MEDICAL SYSTEMS LANDSCAPE PLAN FOR AN OFFICE RESEARCH AND MANUFACTURING FACILITY %MILE SOUTH OF THE RANCHO VISTOSO BOULEVARD AND COMMERCE LOOP INTERSECTION Planning and Zoning Administrator Bryant Nodine reported that the landscape plan for Ventana Medical Systems Office Research and Manufacturing facility meets or exceeds the Zoning Code. He stated that staff recommends approval of the plan. In response to questions from Council Member Bryant, Mr. Nodine explained that the Desert Willow and Chilean Mesquite are on the Oro Valley approved plant list. David McKinney from Sage Landscape Architecture, explained that the native Mesquite Trees would be used along the street frontage. The Chilean Mesquites being used in some areas are a thornless variety of the mesquite. Mayor Loomis opened the floor up for public comment. Carl Boswell, 11700 N. Joi Drive expressed his concerns regarding the amount of water use the suggested plants may require. He also stated that since the manufacturing facility may use a significant amount of water, he wondered if they would be able to use Central Arizona Project (CAP) water in the manufacturing process when it was made available instead of ground water. MOTION: Vice Mayor Johnson MOVED to APPROVE OV12-00-02 Ventana Medical Systems Landscape Plan. Council Member LaSala SECONDED the motion. 05-03-00 Minutes, Council Regular Session 8 DISCUSSION: Council Member Bryant asked that an attempt be made to conserve water by using as many native plants on the site as possible. Motion carried, 4—0. Mayor Loomis recessed the meeting at 9:15 p.m. The meeting resumed at 9:25 p.m. Mayor Loomis moved Agenda Items 10 & 11 forward on the agenda. 10. CALLE LOMA LINDA/LINDA VISTA TRAIL ACCESS STATUS REPORT Community Development Director Brent Sinclair presented an update on the status of the Calle Loma Linda/Linda Vista Trail. He explained that staff has met with the property owner of the 18 acres that lies just south of Linda Vista and they discussed the proposal for acquisition or easement of a 60 foot wide strip at the northern end of the property (old Linda Vista right-of-way.) He stated that it is felt that they can come to terms on the 60- foot strip. He stated that they have also been in consultation with Steve Anderson from Pima County Parks and Recreation to study the safety of a trail within the 60-foot strip. Mr. Sinclair stated that staff requests permission to continue working with the property owner. In response to a question from Council Member Bryant, Mr. Sinclair explained that the Linda Vista right-of-way runs east and west. The trail path does not follow the current fence line, but runs a little to the south of the 60 foot strip. He explained that the trail would follow the natural terrain with some minor grading and erosion control being required to make the trail safe. In response to a question from Vice Mayor Johnson, Mr. Sinclair explained that they held a neighborhood meeting at which approximately 75 people attended. He stated that there were a variety of opinions regarding the placement of the trail, but there was a sufficient number of people who would agree that the Linda Vista Trail could be a nice trail. He said that the preference of the majority of the people would be that the trail follow the wash, but in trying to find a quick, safe resolution, the purchase of the 60-foot strip should be pursued. Mayor Loomis opened the floor for public comment. The following people expressed their concerns with a"quick fix" and stated that: • The trail needed to be wider than 60 feet to provide a safe trail access • Consider purchase of bottom corner of property to provide safe access to trail head • Possible crosswalk across Calle Concordia Sheryl Gonnsen, 655 W. Calle Concordia Joe Waskiewicz, 9440 N. Raleigh Place Charles Leforge, 1002 W. Wilkenson Katherine Covey, 9020 Camino de Anza 05-03-00 Minutes, Council Regular Session 9 Further discussion followed regarding possible purchase of the southern corner of the property, obtaining the value of said piece of property, and a full report back to Council listing all efforts and their status. 11. POOL PROPOSAL FROM CHAD RIESTER Community Development Director Brent Sinclair reported that a written proposal has been received from Chad Riester regarding the construction of a second pool at Dennis Weaver Park. He stated that staff is recommending that the item be referred to the Parks and Recreation Advisory Board for their evaluation of the inclusion of a second pool into the Master Plan for the Dennis Weaver Pool improvements. Chad Riester, representing Swim Tucson, agreed that the secondary pool should be considered in the Master Plan for the Dennis Weaver Pool improvements. He expressed concerns that the proposal might not be included in the Master Plan and stated that the second pool would allow a backup for Dennis Weaver Pool and would provide an excellent area for training and competition swimming. In response to a question from Council Member Bryant, Mr. Riester stated that the length of time for construction of the second pool would depend largely on the permitting process. MOTION: Vice Mayor Johnson MOVED to forward the swim pool proposal to the Parks and Recreation Board for their recommendations and to bring it back to Council as soon as possible. Council Member Bryant SECONDED the motion. DISCUSSION: Council Member LaSala asked to see the costs associated with running and maintaining the pool so they can be reviewed during the Town's Budget review process. Mayor Loomis also asked that the Park and Recreation Advisory Board not only review the costs associated with the pool, but to also provide sufficient detail regarding how it would interface with the existing pool. Motion carried, 4 —0. 6. PUBLIC HEARING—ORDINANCE NO. (0)00-15 AMENDING THE LAND USE MAP OF THAT DOCUMENT KNOWN AS "FOCUS 2020. TOWN OF ORO VALLEY GENERAL PLAN,JULY 1996"GENERAL PLAN AMENDMENT FROM LDR 0-0.3 TO LDR 0-6.1.2 DWELLING UNITS PER ACRE FOR WINCHESTER PROPERTY Melissa Shaw, Planner II, presented an overview of the site and explained that the landowners are requesting a General Plan amendment on a 3.9 acre property known as the Winchester Property located southeast of the intersection of First Avenue and Palisades Road. They are requesting a change in the density from Rural Low Density Residential to Low Density Residential by splitting the 3.9 acres into two 1.95 acre parcels. She explained that staff has received six letters of support from neighbors. She • 05-03-00 Minutes,Council Regular Session 10 reported that the proposal meets the four findings of fact as provided in the General Plan. The Planning and Zoning Commission recommended approval at their April 4th meeting and staff also recommends approval. Mayor Loomis opened the Public Hearing. Hector Conde, 14040 N. Lobelia Way stated that he was not sure that the amendment wouldp rovide an overall improvement to the General Plan and that the General Plan should not be changed to benefit developers. Mayor Loomis closed the Public Hearing. MOTION: Council Member LaSala MOVED to ADOPT Ordinance NO. (0)00-15, Amendments to the 1996 General Plan changing the land use designation on the Winchester property, located on the south side of Palisades Road from R-LDR to LDR (0.6— 1.2 Dwelling Units per acre.) Vice Mayor Johnson SECONDED the motion. Motion carried, 4—0. 7. PUBLIC HEARING—ORDINANCE NO. (0)00-16 OV13-00-05 AMENDING ORDINANCE (0)99-59 REGARDING THE ORO VALLEY RETAIL CENTER SIGN PACKAGE AMENDMENT LOCATED ON PARCEL D OF THE ROONEY RANCH PAD, AT THE SOUTHWEST CORNER OF ORACLE ROAD AND NORTH FIRST AVENUE Mayor Loomis opened the Public Hearing. There being no speakers, the Public Hearing was closed. MOTION: Vice Mayor Johnson MOVED to CONTINUE Ordinance No. (0)00-16, OV 13-00-05 to the June 7, 2000 Town Council meeting. Council Member LaSala SECONDED the motion. Motion carried, 4—0. 8. CONTINUED PUBLIC HEARING—ORDINANCE NO. (0)00 - 07AMENDMENTS TO THE 1996 GENERAL PLAN FOR THE NORTHERN PORTION OF A PARCEL KNOWN AS RANCHO VISTOSO NEIGHBORHOOD 11, LOCATED IN THE NORTHWEST CORNER OF ORO VALLEY (CONTINUED FROM 3-15-00) Town Clerk Kathryn Cuvelier stated that the applicant has submitted a request for withdrawal of this item. Mayor Loomis opened the Public Hearing. There being no speakers, the Public Hearing was closed. Council Member LaSala complimented the Mayor and staff on their hard work on the issue. He stated that it was a long, tedious process and congratulated everyone for their efforts. • 05-03-00 Minutes,Council Regular Session 11 Mayor Loomis also thanked all involved in the issue, and stated that he hoped that there would be future opportunities for revisiting the issue. Council Member Bryant stated that some citizens are pleased with the outcome and the concerns of the citizens were recognized. MOTION: Vice Mayor Johnson MOVED to ACCEPT the request for the withdrawal from the applicant. Council Member Bryant SECONDED the motion. Motion carried, 4 —0. 9. CONTINUED PUBLIC HEARING—ORDINANCE NO. (0)00-08 OV9-98-02A AMENDING THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT (PAD) FOR NEIGHBORHOOD 11, RECONFIGURATION OF OPEN SPACE AND TRAIL REALIGNMENT LOCATED IN THE NORTHWEST CORNER OF THE TOWN OF ORO VALLEY (CONTINUED FROM MARCH 15, 2000) Town Clerk Kathryn Cuvelier stated that the applicant has submitted a request for withdrawal of this item. Mayor Loomis opened the Public Hearing. Jan Johnson, 385 Golder Ranch Road, spoke to the issue of the trail realignment in Stone Canyon. She stated that the proposed realignment of the trail was not feasible as it is too rough and should be left as open space. She stated that the loop trail should be kept in a passable area. Mayor Loomis closed the Public Hearing. He then explained that the trail issue is still outstanding and is a requirement of the developer. MOTION: Council Member LaSala MOVED to ACCEPT the applicant's withdrawal of the application for a Planned Area Development amendment. Council Member Bryant SECONDED the motion. Motion carried, 4—0. TOWN MANAGER'S REPORT No report. ENGINEER'S REPORT No report. FINANCE DIRECTOR'S REPORT Finance Director David Andrews announced that the Budget Review Sessions would begin next week. •05-03-00 Minutes,Council Regular Session 12 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. POLICE CHIEF'S REPORT No report. WATER UTILITY DIRECTOR'S REPORT Interim Water Utility Director Shirley Sent reported that the expansion joints have been completed on the 16-inch and the 12-inch lines near Big Wash Bridge. She explained that the pipe hangars would be installed within the next few weeks. COUNCIL COMMITTEE REPORTS Council Member Bryant thanked Shirley Seng for her work as Interim Water Utility Director and stated that she did a wonderful job. Council Member LaSala reported that the Development Review Board and the Planning and Zoning Commission have openings for volunteer participation. Vice Mayor Johnson stated that the Ventana Medical Systems project was long and arduous. He stated thanked all who worked on it and stated that everyone worked as a team. CALL TO AUDIENCE No speakers. ADJOURNMENT MOTION: Vice Mayor Johnson MOVED to adjourn at 10:25 p.m. Council Member Bryant SECONDED the motion. Motion carried, 4—0. Respectfully submitted, Roxana Garrity, Deputy Town Cler 05-03-00 Minutes,Council Regular Session 13 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 3rd day of May , 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 B TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 7, 2000 TO: HONORABLE MAYOR& COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Finance Report For Month Ended April 30, 2000 SUMMARY: Attached to this communication is the Finance Report for the Month Ended April 30, 2000. GENERAL FUND: Select points are as follows: Sales tax from construction(through March) is up 24% compared to the same time last year and may exceed budget by as much as $700,000 (currently estimated to exceed budget by$500,000). Residential building permit fees are projected to exceed budget by approximately $232,000. q;), Hotel/motel sales tax collections (through March) are up about 8% compared to the same time last year. qt> State/county shared revenues are tracking to budget. Federal and state grant revenues may meet budget. q> Departmental expenditures were under budget. Other Funds State shared fuels taxes are tracking to budget. q;). Townwide roadway development impact fees and water connection fees revenues are meeting or exceeding budget. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 Oro Valley Water Utility t't:> Current retained earnings is $1,609,863. q> Revenues from water sales may exceed budget by $539,000 based on current collections. q> Capital expenses are below budget. qt> Cash from operations is exceeding budget by $3,654K. —2)/An a2- ek),"•14,•1 David L. Andrews Finance Director OP / Chuck Sweet Town Manager CC: Chuck Sweet, Town Manager All Department Heads Town ofOro Valley GENERAL FUND Budget Compared to Actuals Report Through April30, 2000 Percentage of Year Completed 10/12=83.35 1999/2000 Percentage April Y-T-P Total olBudget Actuals Actuals Budget Completed REVENUES: Local Taxes $ 420,863 $ 4,303,341 $ 4,962,000 86.7% State/County Shared 381,030 3,683,420 4,503,000 81.8% Fines 17,321 162,981 201,000 81.1% Licenses & Permits 105,385 1,284,824 1,105,000 116.3% Charges For Services 13,990 210,967 220,600 95.6% g _ Federal Grants 12,478 456,218 647,323 70.5% State Grants 16,687 169,465 281,993 60.1% Interest Earnings 57,978 384,293 318,600 120.6% Miscell neous 1,368 54,574 15,500 ' 352.1% a _ Bond Proceeds - - 2,700,000 0.0% carryforward 7,531,724 TOTAL REVENUES 1,027,100 10,710,083 22,486,740 71.6% EXPENDITURE Town Council 4,211 73,663 81,983 89.9% -:�?wn Clerk 36,578 186,198 275,132 67.7% ` lagistrate Court 25,899 277,127 347,338 79.8% Town Manager 19,087 174,183 243,401 71.6% Human Resources 11,731 134,980 180,327 74.9% Economic Development 29,453 181,227 313,249 _ 57.9% Finance 24,297 250,365 334,793 74.8% Le9 a l 34,116 296,699 459,809 64.5% Community Development Administration 29,845 198,401 298,440 66.5% Planning & Zoning 74,478 661,052 4 971,541 68.0% Parks & Recreation 78,078 440,997 849,292 51.9% Police 432,727 - 4,336,603 5,450,974 _ 79.6% Police- Capita( Contingency - - 132,493 0.0% Building Safety 84,215 609,293 934,772 65.2% Custodial & Facility Maintenance 12,439 90,332 146,752 61.6% General Administration: Personnel, Operations & Maintenance 59,970 297,508 381,674 _ 77.9% Improvements - 8,468 115,489 7.3% Vehicles & Equipment - 34,759 274,500 12.7% La n d - 7,309 3,243,500 0.2% TransFers to Other Funds - 1,616,810 1,901,810 _ 85.0% Conti ngency/Reserve 5,549,471 TOTAL EXPENDITURES $ 957,124 $ 9,875,974 $ 22,486,740 _ 58.3% :EVENUES LESS EXPENDITURES $ 69,976 $ 834,109 LFUND BALANCEA TJUL Y 1, 1999 $ 8,176,367 CURRENT FUND BALANCE l $ 9,010,476 Town olOro Valley HIGHWAY FUND Budget Compared to Actuals Report Through April30, 2000 Percentage of Year Completed 10/12 =83.35 1999/2000 Percentage April Y-T-P Total olBudget Actuals Actuals Budget Completed REVENUES. -State Shared Fuels Tax $ 161,595 1 $ 1,263,827 $ 1,629,000 77.6% Other Revenues 14,199 128,726 70,800 181.8% Transfer from Debt Service Fund - 71,544 73,860 96.9% Carryforward olFund Balance 1,832,378 TOTAL REVENUES 175,794 1,464,097 3,606,038 82.570' EXPENDITURES: Personnel _ 52,143 491,952 634,725 77.5% Operations & Maintenance 41,972 392,046 551,134 71.1% p Capital Improvements 54,331 146,162 1,030,000 14.2% Equipment ui ment & Vehicles - 295,412 366,071 80.7% Lease Purchase Payments - 22,733 55,982 40.6% Contingency 968,126 TOTAL EXPENDITURES $ 148,446 $ 1,348,305 $ 3,606,038 51.1% REVENUES LESS EXPENDITURES $ 27,348 $ 115,792 FUND BALANCEA TJUL Y 1, 1999 $ 1,960,836 CURRENT FUND BALANCE _ $ 2,076,628 Town olOro Valley PUBLIC TRANSPOR TA TION FUND Budget Compared to Actuals Report Through April30, 2000 Percentage of Year Completed 10/12 =83.3Z 1999/2000 Percentage April Y-T-P Total of Budget Actuals Actuals _ Budget Completed REVENUES.• H B 2565 State Grant $ - $ 48,089 $ 11,000 437.2% Local Transportation Assistance Funds 13,553 156,468 156,000 100.3% Other 2,746 22,725 18,500 122.8% Carryiorward oEFunci Balance 74,153 TOTAL REVENUES 16,299 227,282 259,653 122.5% EXPENDI TUR ES Personnel 12,271 113,248 153,034 74.0% Operations & Maintenance _ 5,953 i 38,356 59,923 64.0% Ca ita l Outla - 8,970 24,980 35.9% P Y Contingency 21,716 TOTAL EXPENDITURES $ 18,224 $ 160,574 $ 259,653 67.5% REVENUES LESS EXPENDITURES $ (1,925) $ 66,708 FUND BA LA NCEA TTJUL Y 1, 1999 $ 104,249 CURRENT FUND BALANCE $ 170,957 Town of Oro Valley TOWNWIDE ROADWAY DEVELOPMENT IMPACT FEES FUND Budget Campared to Actuals Report Through April 30, 2000 Percentage of Year Completed 10/12 =83.31' 1999/2000 Percentage April Y-T-D Total olBudget Actuals Actuals Budget Completed r ` REVENUES: PAG Reimbursement $ - $ 70,000 $ - 100.0% Interest-Investments 42,638 284,231 270,000 105.3% Development Impact Fees 134,460 1,391,641 1,307,000 106.5% Carryforward of Fund Balance - - 5,428,238 TOTAL REVENUES 177,098 1,745,872 7,005,238 110.7% EXPENDI T UR ES: Personnel 5,145 35,308 62,812 56.2% -)utside Professional Services 2,258 32,051 80,000 40.1% improvements 54,355 948,170 2,323,000 40.8% Contingency - - 4,539,426 TOTAL EXPENDITURES $ 61,758 $ 1,015,529 $ 7,005,238 41.2% REVENUES LESS EXPENDITURES $ 115,340 $ 730,343 FUND BA LA NCEA TJUL Y 1, 1999 $ 6,133,360 CURRENT FUND BALANCE $ 6,863,703 Town olOro Valley CPO RIVERFRONT PARK FUND Budget Campred to Actuals Report Through April 30, 2000 Percentage ofYeer Completed 10/12=83.3g' 1999/2000 Percentage April Y-T-P Total of-Bac/get Actuals Actuals Budget Completed REVENUES: Pima County Bond Proceeds $ - $ 1,223,486 $ 1,250,000 97.9% Transfer from General Fund - 773,256 773,256 100.0% Interest-I nvestments 6,421 17,124 - _ 100.0% Carryforward of Fund Balance - - 388,876 TOTAL REVENUES 6,421 2,013,866 2,412,132 99.5% EXPENDITURES: Outside Pro1essiona l Services 1,050 25,236 83,000 30.4% improvements 241,099 1,520,986 2,329,132 65.3% TOTAL EXPENDITURES $ 242,149 $ 1,546,222 $ 2,412,132 64.1% REVENUES LESS EXPENDITURES $ (235,728) $ 467,644 FUND BALANCEA TJUL Y 1 1999 $ 374,253 CURRENT FUND BALANCE $ 841,897 Town olOro Valley MUNICIPAL FA CIL I TIES CONSTRUCTION FUND Budget Campared to Actuals Report Through April 30, 2000 Percentage of Year Completed 10/12 =83.3T 1999/2000 Percentage April Y-T-D Total olBudget Actuals Actuals Budget Completed REVENUES: ,Interest-Investments 2,110 $ 39,206 - 100.0% Car forward of Fund Balance - - 1,435,944 TOTAL REVENUES 2,110 39,206 1,435,944 2.7% EXPENDITURES Improvements (115,367) 1,006,502 1,435,944 70.15 TOTAL EXPENDITURES $ (115,367) $ 1,006,502 $ 1,435,944 70.1% REVENUES LESS EXPENDITURES $ 117,477 $ (967,296) FUND BALANCE A TJUL Y 1, 1999 $ 1,353,400 CURRENT FUND BALANCE 386,104 C � Town of Oro Valley ORO VALLEY WATER CONNECTION FEES FUND Budget Compared to Actuals Report Through April30, 2000 Percentage of Year Completed 10/12 =83.3f 1999/2000 Percentage April Y-T-D Total olBudget Actuals Actuals Budget _ Completed REVENUES: Connection Fees $ 85,894 $ 605,733 $ 775,000 78.2% Interest-Investments 8,454 48,587 - 100.0% Carryforward of Fund Balance 743,303 TOTAL REVENUES 94,348 654,320 1,518,303 84.4% EXPENDITURES: Improvements - 52,370 1,324,000 4.0% Debt Service Payments - 14,157 73,289 19.3% Contingency 121,014 TOTAL EXPENDITURES 1 $ - $ 66,527 1 1,518,303 4.8% REVENUES LESS EXPENDITURES $ 94,348 $ 587,793 FUND BA LA NCEA TJUL Y 1, 1999 $ 429,433 CURRENT FUND BALANCE $ 1,017,226 Town of-Oro Valley ORO VALLEY WATER UTILITY Budgeted Income Statement Through April30, 2000 Percentage of-Year Completed 10/12=83.3,' 1999/2000 Percentage April Y-T-P Total of Budget Actuals Actuals Budget Completed OPERATING REVENUES: Water Revenues $ 457,231 $ 4,722,012 $ 5,228,000 90.3% Service Charges& Meter Income 47,222 267,896 209,000 128.2% TOTAL REVENUES 504,453 4,989,908 5,437,000 91.8% OPERA TING EXPENSES: Personnel 74,224 726,566 952,339 76.3% Operations & Maintenance 230,783 1,545,228 1,802,691 85.7% Depreciation &Amortization 106,344 1,063,442 1,351,000 78.7% TOTAL OPERATING EXPENSES 411,351 3,335,236 4,106,030 81.2% OPERATING INCOME 93,102 1,654,672 1,330,970 124.3% .ONOPERATING REVENUES (EXPENSES) Interest Income 44,344 309,751 190,000 163.0% Interest Expense 134,447 1,358,274 1,616,833 84.0% TOTAL NONOPERA TING REVENUES (EXPENSES) (90,103) (1,048,523) (1,426,833) NET INCOME $ 2,999 $ 606,149 $ (95,863) RETAINED EARNINGS AT July 1, 1999 $ 1,003,714 $ 400,333 CURRENT RETAINED EARNINGS $ 1,609,863 $ 304,470 Town olOro alley ORO VALLEY WATER UTILITY Cash &Capital Budgets Through April 30, 2000 Budget Current cit Over/ Category Balance 6/30/2000 (Under) Cash from Operations 5117 087 4 1,463,074 ' $ 3,654,013 1996 MPC Bond Proceeds - - - 1999 MPC Bond Proceeds 799,244 966,610 067,366) Debt Service Reserves 2,287,940 2,287,940 - Totals 8,204,271 4,717,624 3,486,647 April Y-T-D 1999/2000 Z Budget CAPITAL BUDGET Actuals Actuals Total Budget Completed Machinery p& Equipment i ment $ 15,963 $ 39,772 $ 182,500 21.8% Vehicles63,846 152,993 184,000 83.1% _ Meters 28,433 129,356 66,500 194.5% Wells 828 89,036 530,000 16.8% Booster Stations - 92,779 212,500 43.7% Transmission/Distribution Main - 68,243 490,800 13.9% Reservoirs 9,184 20,157 1,096,000 1.8% Hy d ra nts - 3,500 7,500 46.7% Telemetry 870 27,951 130,250 21.5% Structures 1,303 31,231 100,600 31.0% TOTAL CAPITAL BUDGET $ 120,427 $ 655,018 $ 3,000,650 21.8% eitk t et .ate (iro A.rizotta t 4' TRAVEL AND TOURISM DAY June 16,2000 WHEREAS, the Town of Oro Valley recognizes travel and tourism to be of major importance to the economy of Southern Arizona;and WHEREAS, recent statistics report that overnight visitors contribute $1.15 billion a year to metropolitan Tucson's economy,as well as comprise 12 percent of the county's wage and salary economy;and WHEREAS, direct sales to visitors total approximately $910 million per year, with another $631 million indirect or induced spending related to tourism;and WHEREAS,tax revenues generated from tourist dollars help fund Town services and programs;and WHEREAS, Metropolitan Tucson Convention & Visitors Bureau attracts more than 300 conventions a year which brings many visitors to area attractions, lodging and restaurants;and WHEREAS,the Sheraton El Conquistador,the largest golf and tennis resort in Southern Arizona,has recently doubled its convention space to nearly 50,000 square feet attracting additional visitors and conventions to the region;and WHEREAS,the Travel and Tourism Institute, a division of the non-profit Hogan Family Foundation, along with Travel 1, the local facilitator, will host the mobile classroom on June 16, 2000, at the Rooney Ranch Shopping Center. The mobile classroom travels throughout the nation teaching young people about careers in the travel and tourism industry NOW, THEREFORE, I, Paul H. Loomis, Mayor of the Town of Oro Valley, Arizona, do hereby proclaim June 16, 2000 as: TRAVEL AND TOURISM DAY and encourage all town residents to support our local tourist and travel industry and welcome all our visitors with the friendly,helpful manner that is our trademark. ATTEST: • Kathryn Cuvelier,Town Clerk Paul H.Loomis,Mayor TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 7,2000 TO: HONORABLE MAYOR& COUNCIL FROM: Robert Jacklitch Project Manager, Oro Valley Water Utility SUBJECT: Resolution No. (R)00- 50 A Resolution of the Town of Oro Valley, Pima County, Arizona Authorizing and Approving a Contract with R S Engineering for Engineering Design and Construction Period Services for Rancho Vistoso Blvd. 16 Inch Transmission Main. SUMMARY: This project provides professional engineering design and construction period services for a 16 inch transmission main alignment on Vistoso Blvd. The project is identified in the Oro Valley Potable Water System Master Plan and in the first year of the five-year capital improvement plan. Construction of the transmission main will not take place until next fiscal year where appropriate funds will be budgeted. The engineering design and construction period services include survey, construction documents, geotechnical investigation, agency coordination and construction period services. This project will provide fire flow to Woodeburne Elementary and existing residents, The Oro Valley Water Utility (OVWU) requested Statement of Qualifications from multiple engineering firms. The OVWU staff rated the firm's capabilities on project understanding, approach, project team and firms capabilities. Staff selected R S Engineering and negotiated a contract for $72,077.00 for professional engineering design and construction period services. Survey: $ 7,960.00 Construction Documents: $32,515.00 Geotechnical Investigation: $ 4,630.00 Construction Administration: $25,030.00 Agency Coordination: $ 2,220.00 TOTAL: $72,077.00 Lump Sum FISCAL IMPACT: Funds for engineering and design services are available in the current year budget. RECOMMENDATIONS: Staff respectfully recommends award of this contact to R S Engineering through the adoption of the attached resolution. ATTACHMENTS: 1. Resolution No. (R)00-50 2. R S Engineering proposal April 28 2000. 3. Agreement For Engineering Services, Project No. OVW99/00 02 TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTION: The Mayor and Council may wish to consider one of the following motions:. I move to approve RESOLUTION NO.(R) 00-50 Authorizing and Approving a Contract with R S Engineering for Engineering Design and Construction Period Services for Rancho Vistoso Blvd. 16 Inch Transmission Main. Or I move to . .4,_., A ii, f Projecty. ''ger - , , \ o i 1 fu Inter'- ,ater jThs Director Ai , I ' ' ii Town Manager RESOLUTION NO. (R) 00-50 A RESOLUTION OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA AUTHORIZING AND APPROVING A CONTRACT WITH R S ENGINEERING FOR ENGINEERING DESIGN AND CONSTRUCTION PERIOD SERVICES FOR RANCHO VISTOSO BLVD. 16 INCH TRANSMISSION MAIN. WHEREAS, TOWN OF ORO VALLEY has the project funds available from the 1999 MPC excise tax revenue bond issue; and WHEREAS, TOWN OF 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, TOWN OF ORO VALLEY now finds it necessary to award a contract to R S Engineering for engineering design and construction period services for Rancho Vistoso Blvd. 16-inch transmission main. NOW, THEREFORE,BE IT RESOLVED BY THE ORO VALLEY MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: 1. That the attached contract is hereby approved. 2. That the Mayor of the Town of Oro Valley is hereby authorized to sign the attached contract. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Pima County,Arizona this 7TH day of JUNE , 2000. Mayor, Paul H. Loomis ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Dan L. Dudley, Town Attorney AGREEMENT FOR ENGINEERING SERVICES PROJECT TITLE: Professional Engineering Design and Construction Period Services for Rancho Vistoso Blvd. 16-Inch Transmission Main. PROJECT NO.: OVW99/00 02 This contract is made and entered into by and between the Town of Oro Valley, a municipal Corporation, hereinafter called the TOWN and R S Engineering hereinafter called the ENGINEERING CONSULTANT.Proposal April 28,2000. WITNESSETH: THAT WHEREAS,the Mayor and Town Council/Town Manager of the Town of Oro Valley are authorized and empowered by the revisions of the Town Charter to execute contracts for Professional Services; NOW THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter contained, it is agreed by and between the TOWN and the ENGINEERING CONSULTANT as follows: SECTION I—DESCRIPTION OF PROJECT This project is to provide professional engineering services for the design of a 16-inch transmission main from existing Water Plant 24 to proposed Water Plant 13. The design team consists of multi-discipline engineering incorporating design,bidding, inspection and construction period services. This project includes providing those engineering services as required for the preparation of Construction plans,Bid document, Specifications cost Estimates and Environmental issues. SECTION II—SCOPE OF SERVICES This project is divided into tasks to reflect specific activities for each discipline.For details see Exhibit A,RS Engineering Proposal April 28,2000. Task 1.Land Survey:Design effort including horizontal and vertical control in preparation for aerial photography and locating existing utilities. Task 2. Preparation of Construction Documents: Prepare plans and specifications and provide coordination to tie into water plant 13. Task 3. Geotechnical Investigation: Obtain subsurface conditions to determine bank stability analysis and identify/mitigate the effects of collapsing soils. Task 4. Construction Administration: Attend pre-bid/construction meetings provide construction administration, respond to contractor questions, and monitor pipe installation testing and disinfecting operations and supply daily reports. Monitor pressure test and disaffection of main. Task 5. Agency Coordination: Certification including as-built drawings, coordination with ADEQ and OVWU. Certify the installation in accordance with the OVWU and ADEQ requirements. This project shall set aside 1%of the construction cost for the public art. SECTION III—PAYMENT SCHEDULE The negotiated fee for this contract see Exhibit A, RS Engineering Proposal April 28,2000. For services described in Section II of this Agreement, the TOWN shall pay the ENGINEERING fee as negotiated. Payment shall be made monthly on the basis of progress reports. An Application and Certification for Payment Sheet must be provided. In addition, the following must also be included: a clear,detailed invoice reflecting items being billed for, a summary sheet showing percentage of work completed to date, amount/percent billed to date and current status of all tasks within the project; any/all backup documentation supporting the above items. Work schedule updates will be included in the monthly progress payment requests. SECTION IV—PERIOD OF SERVICE Following receipt t of a "Notice to Proceed" with the work, the ENGINEERING CONSULTANT shall complete all services described in Section II within 360 calendar days after "Notice to Proceed" is issued by the TOWN. In the event delays are experienced beyond the control of the ENGINEERING CONSULTANT, the completion date may be extended as mutually agreed upon by TOWN and the ENGINEERING CONSULTANT. SECTION V—APPROVALS All work shall be subject to the approval by the Oro Valley Water Utility. ENGINEERING CONSULTANT agrees to exercise the skill and care which would be exercised by comparable professional engineers performing similar services at the time and in the locality such services are performed. If the failure to meet these standards results in faulty work, ENGINEERING CONSULTANT shall undertake at its own expense, the corrective adjustments or modifications. SECTION VI—REPORTING Written monthly reports, along with updated work schedules, will be made by the ENGINEERING CONSULTANT in the format prescribed by the TOWN. These reports will be delivered to the TOWN no later than the 5th of the following month. When requested by the TOWN, the ENGINEERING CONSULTANT will attend Council meetings and provide finished documents including correspondence for Council action,supporting charts,graphs drawings and colored slides of same. SECTION VII—LIABILITY See Attachment A SECTION VIII—AMENDMENTS Whenever a change in the scope of work contemplated in this Contract is determined to be necessary, the work will be performed in accordance with the Contract provided,however,BEFORE such work is started,a Contract Amendment shall be executed by the TOWN and the ENGINEERING CONSULTANT. Additions to, modifications of, or deletions from the project provided herein may be made and the compensation to be paid to the ENGINEERING CONSULTANT may be adjusted accordingly by mutual agreement of the contracting parties. It is agreed that no claim for extra work by the ENGINEERING CONSULTANT will be allowed by the TOWN except as provided herein, nor shall the ENGINEERING CONSULTANT do any work not covered by this agreement unless such work is authorized through an executed amendment. SECTION IX—TERIVIINATION The TOWN and the ENGINEERING CONSULTANT hereby agree to the full performance of the covenants contained herein, except that the TOWN reserves the right, at its discretion,to terminate or abandon the service provided for in this Contract or abandon any portion of the project for which services have been performed by the CONSULTING ENGINEER. A. In the event that the TOWN shall abandon the services or any part of the services herein provided, the TOWN shall notify the ENGINEERING CONSULTANT in writing and immediately after receiving such notice, the ENGINEERING CONSULTANT shall discontinue advancing the work under this Contract and shall proceed to close such operations. B. Upon such termination or abandonment, the ENGINEERING CONSULTANT shall deliver to the TOWN all drawings, notes, calculations, sketches and other materials entirely or partially completed, together with all unused materials supplied by the TOWN. C. The ENGINEERING CONSULTANT shall apprise the work he has completed and submit his appraisal to the TOWN for evaluation. D. The ENGINEERING CONSULTANT shall receive as compensation in full for services performed to date of such termination, a fee for the percentage of work actually completed. This fee shall be a percentage of the ENGINEERING CONSULTANT fee described in this Contract under Section III and shall be in the amount to be agreed mutually by the ENGINEERING CONSULTANT and the TOWN. The TOWN shall make this final payment within sixty (60) days after the ENGINEERING CONSULTANT has delivered the last of the partially completed items. SECTION X—LIQUIDATED DAMAGES If the work to be performed by the ENGINEERING CONSULTANT under Section II of this agreement is not completed when agreed, the ENGINEERING CONSULTANT shall pay to the TOWN $500.00 as liquidated damages for each day the work remains incomplete after the scheduled completion date. This amount is agreed upon because of the impracticability and extreme difficulty of ascertaining the actual damages the TOWN would sustain.The scheduled completion date for terminating liability for liquidated damages shall be 360 consecutive days from the effective date of TOWN'S "Notice to Proceed" to ENGINEERING CONSULTANT. For the purpose of determining liquidated damages,if any,completion time shall be extended only when delay in completion of the work by the ENGINEERING CONSULTANT results from an unforeseeable cause beyond the control and without the fault or negligence of the ENGINEERING CONSULTANT. SECTION XI—ARBITRATION OF DISPUTES Any dispute arising under this contract which is not settled by the TOWN and the ENGINEERING CONSULTANT may upon mutual agreement of the parties be decided by an Arbitration Board composed of a representative of the TOWN,a representative of the ENGINEERING CONSULTANT, and a representative mutually acceptable to the TOWN and the ENGINEERING CONSULTANT. The TOWN, however, reserves its rights as set forth in Title 12, Chapter 9, Article I of the Arizona Revised Statutes. The ENGINEERING CONSULTANT shall continue to render all services requested in this Contract without interruption, notwithstanding the provisions of this section. Nothing herein shall be deemed to require arbitration except at the TOWN's discretion. SECTION XII—OWNERSHIP OF DOCUMENTS All documents, including,but not limited to, tracings, drawings, original mylars, estimates, field notes, investigations, design analysis and studies which are prepared in the performance of this Contract are to be, and remain the property of, the TOWN. The ENGINEERING CONSULTANT shall furnish the TOWN, upon its request, originals or reproducible of technical specifications and copies of all other documents listed above. The ENGINEERING CONSULTANT shall endorse, by his professional seal,all plans and engineering data furnished by him. SECTION XIII—NO KICK-BACK CERTIFICATION The ENGINEERING CONSULTANT warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no member of the Town Council or any employee of the TOWN has an interest, financial or otherwise, in the ENGINEERING CONSULTANT firm. For breach or violation of this warranty, the TOWN shall have the right to annul this Contact without liability, or at its discretion to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. SECTION XIV—CONFLICT OF INTEREST The ENGINEERING CONSULTANT stipulates that its officers and employees do not now have a conflict of interest and it further agrees for itself, its officers and its employees that it will not contract for or accept employment for the performance of any work or services with any individual business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Contract. Pursuant to A.R.S. Section 38-511, the TOWN may cancel this contract within three (3) years after its execution, without penalty or further obligation by the TOWN if any person significantly involved in initiating,negotiating, securing, drafting or creating the contract on behalf of the Town of Oro Valley is, at any time while the contract is in effect, an employee of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract. SECTION XV—ASSIGNMENT This Contract shall not be assignable except at the written consent of the parties hereto; and it shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. The ENGINEERING CONSULTANT may assign money due to him under terms of this Contract to a banking or lending institute. The TOWN shall assist the ENGINEERING CONSULTANT in performing the assignment by testifying to the progress of the work as may be required. ATTACHMENT A The ENGINEERING CONSULTANT agrees to obtain insurance coverage of the types and amounts required consistent with the coverage limits shown below. Coverage Afforded Limits of Liability Workmen's Compensation Statute Employer's Liability $100,000 Comprehensive General $1,000,000-Bodily Injury Liability Insurance Combined Single Limit (including blanket contractual $100,000 Property Damage and premises/operations) Professional Liability Insurance $500,000(Minimum) Combined Single Limit The ENGINEERING CONSULTANT will provide satisfactory certificates on the required insurance coverage before beginning work. All policies will contain an endorsement providing that written notice be given to the TOWN at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage policy. Insurance policies shall remain in force until all work has been completed and the completed project has successfully fulfilled its warranty period. If a policy does expire during the life of the Contract, a renewal certificate of the required coverage must be sent to the Town of Oro Valley not less than five(5)work days prior to expiration date. Each certificate shall include project description, and project number and the signed acknowledgement of the insurance company. The Town of Oro Valley will be included as an additional insured on all policies except Worker's Compensation and Professional Liability. Policies for General,Automobile, and Excess Liability are primary over any insurance available to the TOWN and as to any claims resulting from the Contract, it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. In regard to Professional Liability, ENGINEERING CONSULTANT agrees to indemnify, defend, and save harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees individually and collectively; from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the ENGINEERING CONSULTANT or of any subcontractor employed by the ENGINEERING CONSULTANT (including bodily injury and death) or damages to any property, arising or alleged to have arisen solely out of the negligent performance of the ENGINEERING CONSULTANT for the work performed hereunder. Furthermore, ENGINEERING CONSULTANT agrees to indemnify, defend and hold harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees individually and collectively; against any an all claims arising out of errors, omissions or negligent acts in the performance of services by the ENGINEERING CONSULTANT. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. In regard to General,Automobile, and Excess Liability,the ENGINEERING CONSULTANT agrees to indemnify,defend and save harmless the Town of Oro Valley, its Mayors and Council, appointed boards and commissions, officials, officers, employees, individually and collectively; from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the ENGINEERING CONSULTANT or any subcontractor employed by the ENGINEERING CONSULTANT (including bodily injury and death) or damages to any property, arising or alleged to have arisen out of the negligent performance of the ENGINEERING CONSULTANT for the work to be performed hereunder, except any injury or damages arising out of the sole negligence of the TOWN, its officers, agents or employees. IT IS THE INTENTION OF THE PARTIES to this Contract that the Town of Oro Valley, its Mayors and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, are to be indemnified against their own negligence unless and except that negligence is found to be the sole cause of the injury to persons or damages to property. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. r IN WITNESS WHEREOF,the parties have hereunto subscribed their names this day of , 19 . TOWN OF ORO VALLEY: ENGINEERING CONSULTANT: By: By: (Title) ATTEST: ATTEST: (If Corporation) Secretary APPROVED AS TO FORM: WITNESS: (If Individual or Partnership) Town Attorney I EXHIBIT A � � � t.. R S ENGINEERING < r `i _f CONSULTING ENGINEERS . Aril 28 2000 s. Receed ; i ppro Valley ow War L:+, Oro ValleyWater Utility c'� -,��, i t,l 1565 E. Rancho Vistoso Blvd. - Tucson, Arizona 85737 Attn: Robert J ackl itch Re: Rancho Vistoso Blvd. 16-inch Transmission Main Dear Bob: R S Engineering is pleased to submit this proposal for civil engineering and surveying services for the above-referenced project. These services will include: • Surveys for design $7,690.00 • Preparation of construction/bid documents $32,515.00 • Geotechnical investigations $4,630.00 • Pre-bid and construction administration, including surveillance of testing and disinfection of water main $25,030.00 • Agency coordination and certification, including as-built preparation $2,220.00 We anticipate a design schedule of 120 calendar days from notice-to-proceed to final plan submittal to Oro Valley Water Utility.The above schedule is based on the assumption that we will have three submittals and a seven-day review turnaround by Oro Valley Water Utility. The above services will be provided for a fee of$72,077.00. Not included in this proposal are construction surveying, landscape design,materials testing, structural engineering,NPDES permits, NPPO efforts,cultural and environmental studies,traffic studies, permit fees,review fees, and reproduction costs beyond our in-house needs. If ductile iron pipe is used as a pipe material for construction, we recommend that the contractor be required to perform cathodic protection investigation and design if needed. Construction bid documents should have an allowance for this bid item. Should additional services be required that are not covered by this contract letter,prior to commencement of work,you will be notified in the form of a contract letter which will specify the services to be performed on a time and material basis. This proposal is valid for a period of 30 days from the date shown. You will be billed monthly or bi-monthly and invoices are due and payable upon receipt. Invoices not paid within 30 days of the date rendered will be assessed a finance charge of one percent per month, or fraction thereof, for each month beyond 30 days past due. Invoices not paid within 60 days will result in R S Engineering stopping work until such invoices rendered are paid in full. Invoices not paid within 90 days of the date rendered will be referred for collection. Claims disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof, shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. 2445 N. TUCSON BLVD. e-mail:rse@rsengineering.com PHONE: (520) 791-3933 TUCSON, AZ 85716 http://www.rsengineering.com FAX: (520) 791-9405 Rancho Vistoso Blvd. 16-inch Transmission Main April 28, 2000 Page 2 for arbitration shall be filed with the other party to this Agreement and with the American Arbitration Demand Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. The awardby rendered the arbitrator or arbitrators shall be final, and judgement may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. in agreement with the above,please sign below. The signed original of this letter agreement will be required I f you are g prior to the commencement of any work on this project. Sincerely, R S ENGI RING, INC. /''—' obert . Suarez, P.E. President RBA/RMS/cl ACCEPTED AND AGREED TO: Oro Valley Water Utility By: Printed Name: Title: Date: l;.\6446\Propt.ctr\O4OO 847-\861a V istosoMain.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 7, 2000 TO: HONORABLE MAYOR AND COUNCIL FROM: Daniel G. Sharp, Chief of Police RESOLUTION (R)00-51 SUBJECT: Intergovernmental Agreement For Use of Multi-Agency Tri-Band Communications System- Contract Renewal SUMMARY: The I.G.A.for use of a Multi-Agency Tri-Band Communications System for mutual aid was entered into between and among the City of Tucson,Pima County,Arizona Dept. Of Public Safety,Arizona Board of Regents,City of South Tucson,Town of Oro Valley,Pima County Community College,Town of Marana,Northwest Fire District and Golder Ranch Fire District,Tucson Airport Authority and the Town of Sahuarita. The attached contract extends this agreement an additional three(3)years. ATT-&C TS: 1. Original copy of the Intergovernmental Agreement For Use of Multi-Agency Tri-Band Communications System. 2. Resolution No. (R)00-51 .CAL IMPACT: Approved Budget FY 00/01: $2,000.00 RECOMMENDATION: I recommend Mayor and Council approve I.G.A. for use of Multi-Agency Tri-Band Communications System. SUGGESTED MOTION: I move that Mayor and Council approve Resolution No. (R)00-51 allowing the Intergovernmental Agreement For Use of Multi-Agency Tri-Band Communications System. 4:. l-- .1 _. __ IiirLoo.•411..m— . __-1 G. Sharp / ' IP' , Chief of Police O ; e Charles F. Sw-- Town Manager RESOLUTION (R) 00-51 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE CITY OF TUCSON FOR COOPERATIVE PARTICIPATION OF THE MULTI-AGENCY MUTUAL AID COMMUNICATION SYSTEM. WHEREAS, pursuant to ARS § 11-952, the Town of Oro Valley is authorized to enter into and or renew an Intergovernmental Agreement for joint and cooperative action with other governmental agencies; and WHEREAS, the City of Tucson maintains and operates the Multi-Agency Mutual Aid Communication System for use by all member agencies; and WHEREAS, the Town has been party to the Multi-Agency Mutual Aid Communication System between and among the Arizona Department of Public Safety, Arizona Board of Regents, Pima County, City of Tucson, City of South Tucson, Town of Marana, Town of Sahuarita, Pima County Community College, Northwest Fire District, Golder Ranch Fire District, and the Tucson Airport Authority; and WHEREAS, it is the intent of the Town to continue cooperative participation and administration of the Multi-Agency Mutual Aid Communication System of which allows member agencies, from different jurisdictions and on different frequencies, to communicate during times of emergencies; and WHEREAS, it is in the best interest of the Town to renew the Intergovernmental Agreement, attached hereto as Exhibit"A" and incorporated herein by this reference, in order to be a party of the Multi-Agency Mutual Aid Communication System. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Intergovernmental Agreement between the Town of Oro Valley and the City of Tucson for joint and cooperative participation in the Multi-Agency Mutual Aid Communication System for a period of three (3)years effective July 1, 2000, is hereby approved. BE IT FURTHER RESOLVED that the Mayor, Chief of Police, 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. IGA re communication system Office of the Oro Valley Town Attorney's Office PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 7TH day of JUNE , 2000. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney IGA re communication system Office of the Oro Valley Town Attorney's Office EXHIBIT A INTERGOVERNMENTAL AGREEMENT IGA re communication system Office of the Oro Valley Town Attorney's Office City of Tucson Contract#0131-98 INTERGOVERNMENTAL AGREEMENT FOR USE OF THE MULTI-AGENCY MUTUAL AID SYSTEM This Intergovernmental Agreement is made and entered into this day of 2000 pursuant to Title 11, Chapter 7, Article 3, A.R.S., between and among: The City of Tucson, a municipal corporation, hereinafter referred to as "the City" and the Members of the Multi-Agency Mutual Aid System: Pima County (Office of Emergency Management and Sheriff's Department), Arizona Department of Public Safety, Arizona Board of Regents on behalf of University of Arizona(Police), City of South Tucson (Police Department), Town of Oro Valley (Police Department), Pima Community College, Town of Marana(Police Department),Northwest Fire District, Golder Ranch Fire Department, Tucson Airport Authority (Public Safety), and Town of Sahuarita hereinafter referred to as "Agency" or"Agencies" and each of whom who have signed this agreement's signature page, hereinafter referred to as "Agency" or"Agencies". RECITALS A. The City of Tucson maintains and operates a radio communications system, the equipment for which is located at the FM Engineering Tucson Mountain Site, hereinafter known as the "Multi-Agency Mutual Aid System"; and B. The parties to this Agreement desire to form a regional radio communication system utilizing the Multi-Agency Mutual Aid System; and Page 2 C. The parties enter into this Agreement pursuant to the following authorities: City of Tucson enters into this agreement by authority of A.R.S. Section 9-240 and Chapter IV of the Tucson Charter; and Pima County, enters into this agreement by authority of A.R.S. 11-201, -251, -951, -954 Arizona Department of Public Safety, enters into this agreement by authority of A.R.S. 41-1713 B.3 Arizona Board of Regents on behalf of University of Arizona Police, enters into this agreement pursuant to A.R.S. 11-951 by authority of A.R.S. 15-1625 City of South Tucson/Police Department, enters into this agreement by authority of A.R.S. 11-952 Town of Oro Valley/Police Department, enters into this agreement by authority of A.R.S. 11-952 Pima Community College, enters into this agreement by authority of A.R.S.Section 15-1444; Page 3 Town of Marana, enters into this agreement by authority of A.R.S. Title 11-952; Northwest Fire District, enters into this agreement by authority of A.R.S. 48-805 Golder Ranch Fire Department, enters into this agreement by authority of A.R.S.48-805 Town of Sahuarita, enters into this agreement by authority of A.R.S. 11-952 (D) Tucson Airport Authority, enters into this agreement by authority of A.R.S. 2-314 D. The parties to this Intergovernmental Agreement agree that it is in their best interests to have mutual access to the communication system; NOW, THEREFORE, the parties agree as follows: Section 1. Purpose of Agreement. The purpose of this Agreement is to set out the understanding of the City and Agencies as to their mutual responsibilities and rights regarding the use of the Multi-Agency Mutual Aid System. The Multi-Agency Mutual Aid System provides public safety providers with a regional radio communications system which allows member agencies from different jurisdictions and on different frequencies to communicate during times of emergencies. The City shall provide, bill and collect for use of the system, for maintenance on City owned equipment and lease costs related to the housing of equipment at the FM Engineering Tucson Mountain site. A Steering Committee comprised of members from the Multi-Agency Mutual Aid System will set policy, procedures, administer costs and review membership. Page 4 Section 2. Financing. A. Each Agency is responsible for remitting payments as will be generated by the City's Accounts Receivable Section for use of the Multi-Agency Mutual Aid System. Each Agency will pay a fee of$2,000 per year for lease costs, use and maintenance of the Multi-Agency Mutual Aid System, which is a regional public safety emergency communications system for the Tucson Metropolitan area. The system is supported and funded by the participating agencies and Departments. B. These funds will be sent by each Agency to: City of Tucson Accounting Division P.O. Box 27320 Tucson, AZ 85726-7320 Section 3. Obligations of the Agencies. A. Each Agency is responsible for making payments in the amounts billed within 30 days from the date of billing, for use of the Multi-Agency Mutual Aid System. B. Each Agency is responsible for supplying all equipment required for making its communications system compatible with the Multi-Agency Mutual Aid System. Each Agency will retain ownership of all such equipment. Page 5 C. Each Agency is responsible for performing maintenance on all of its own equipment. D. The City assumes responsibility for performing maintenance on all City owned equipment. E. The City shall maintain all documentation of charges incurred, and such shall be available for inspection by each Agency. F. Each Agency is responsible for complying with the systems operating procedures (Appendix A). Section 4. Budget. Each Agency represents that it has within its respective budget sufficient funds to discharge the obligation and duties assumed under this Agreement. Should any Agency fail to obtain continued funding during the term of the Agreement through a failure of appropriation or approval of funds,then in that event this Agreement shall be deemed to terminate for that Agency by operation of law. In such event, termination shall be effective on the last day of the year for which funds have been appropriated or approved. Section 5. Effective Date and Termination. This Intergovernmental Agreement shall be for a period of 3 years, effective July 1, 2000. Thereafter, this IGA shall be automatically renewed upon each yearly anniversary of the effective date hereof for an additional one year term. Page 6 Any Agency may terminate its participation in this Agreement by giving written notice to the City not less one hundred-eighty (180) days prior to the termination date which shall be set forth in the notice. In the event of such termination the terminating Agency shall be liable for its proportionate share of cost and expenses incurred or arising out of the performance of the terms of this Agreement occurring prior to the termination date set forth in the notice. Section 6. Notices. All notices required to be made herein shall be sent to Agencies at their addresses as they appear below or to other such places as designated by the Agencies from time to time. Communications Division Pima County Sheriff's Department Operations Department 1750 E. Benson Highway P.O. Box 27210 Tucson, AZ 85713 Tucson, AZ 85726-7210 Arizona Department of Public Safety University of Arizona, Police Department 2201 W. Encanto 1200 E. Lowell Phoenix, AZ 85005 Tucson, AZ 85721 City of South Tucson, Police Department Golder Ranch Fire District 1601 S. 6th Avenue 3535 E. Hawser S. Tucson, AZ 85713 Tucson, AZ 85739 Page 7 Town of Oro Valley, Police Department Pima Community College 11000 N. La Canada 6680 S. Country Club Oro Valley, AZ 85737 Tucson, AZ 85709-1740 Town of Marana, Police Department Northwest Fire District 13291 N. Lon Adams 4701 N. La Cholla Blvd. Marana, AZ 85653 Tucson, AZ 85705 Tucson Airport Authority Town of Sahuarita 7005 S. Plumer Avenue P.O. Box 22152 Tucson, AZ 85706 Sahuarita, AZ 85629 Section 7. Jurisdiction Nothing in this Agreement is to be construed as either limiting or extending the legal jurisdiction of any Agency to this Agreement. Section 8. Arbitration. To the extent applicable, each Agency agrees to use arbitration as provided in Arizona Revised Statutes, Sec. 12-1518 et.seq. to resolve disputes arising out of terms of this Agreement. • Page 8 Section 9. Indemnification. To the extent which it legally may, each Agency shall indemnify, defend and hold harmless the other Agency or Agencies, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of this Agreement which results from any act or omission of the indemnifying Agency, its agents, employees or anyone acting under its direction, control, or on its behalf, whether intentional or negligent. Section 10. Non-Discrimination. Each Agency agrees to be bound by applicable State and Federal rules governing equal employment opportunity and non-discrimination. Section 11. Conflict of Interest. This Agreement is subject to Arizona revised Statute 38-511 regarding Conflict of Interest. Section 12. Insurance. Each Agency represents that it shall maintain for the duration of this Agreement policies of public liability insurance covering all of their obligations undertaken in the implementation of the Agreement providing bodily injury limits of not less than$1,000,000 for any person, of not less than $1,000,000 for any one occurrence, and property damage liability to a limit of not less than $1,000,000. The Agencies may fulfill the requirements of this section by programs of self insurance to limit the scope of indemnification set forth in Section 10. Page 9 Section 13. This Agreement may be executed in one or more identical counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one agreement. IN WITNESS THEREOF, each Agency has caused this instrument to be executed by its authorized signatory and the City has caused this instrument to be executed by the Mayor upon Resolution of the Mayor and Council and attested to by the Clerk. APPROVED: CITY OF TUCSON PIMA COUNTY BY: BY: Robert Walkup Raul M. Grijalva, Chairman As Mayor and not personally Pima County Board of Supervisors COUNTERSIGNED this day of , 1998. BY: BY: Kathy Detrick Stanley L. Cheske, Chief Deputy As City Clerk and not personally Pima County Sheriff Page 10 Pursuant to A.R.S. Sec. 11 - 952D, the attorney for the Agencies here to have determined that the foregoing is in proper form and is within the powers and authority granted under the laws of this State to the City. BY: BY: Assistant City Attorney Deputy County Attorney TOWN OF ORO VALLEY BY: BY: Paul Loomis Attorney for Town of Oro Valley Mayor Page 10 Pursuant to A.R.S. Sec. 11 - 952D, the attorney for the Agencies here to have determined that the foregoing is in proper form and is within the powers and authority granted under the laws of this State to the City. BY: BY: Assistant City Attorney Deputy County Attorney TOWN OF ORO VALLEY BY: BY: Paul Loomis Attorney for Town of Oro Valley Mayor Page 10 Pursuant to A.R.S. Sec. 11 - 952D,the attorney for the Agencies here to have determined that the foregoing is in proper form and is within the powers and authority granted under the laws of this State to the City. BY: BY: Assistant City Attorney Deputy County Attorney TOWN OF ORO VALLEY BY: BY: Paul Loomis Attorney for Town of Oro Valley Mayor Page 10 Pursuant to A.R.S. Sec. 11 - 952D,the attorney for the Agencies here to have determined that the foregoing is in proper form and is within the powers and authority granted under the laws of this State to the City. BY: BY: Assistant City Attorney Deputy County Attorney TOWN OF ORO VALLEY BY: BY: Paul Loomis Attorney for Town of Oro Valley Mayor TOWN OF ORO VALLEY COUNCIL COMUNICATION MEETING DATE: June 7, 2000 TO: HONORABLE MAYOR& COUNCIL FROM: Robert Jacklitch, Project Manager SUBJECT: Project No. W17-1700 Oro Valley Water Utility Telemetry Expansion 2000 SUMMARY: Per the direction of Mayor and Council through the 1999-2000 Capital Improvement Budget of the Oro Valley Water Utility, plans and specifications were provided for the acceptance of public bids for the following project: Project No. W17-1700 Telemetry Expansion 2000 The project consists of the installation of seven Remote Telemetry Units within the Oro Valley Water Utility System. These units will be incorporated into the Oro Valley Water Utility's master telemetry system. The proposed installations will improve system efficiency, provide early detection and notification for operational problems, and allow operators to monitor the system via modem 24-hours per day. ATTACHMENTS: Bid Opening Tabulation Project No. W17-1700 After the bid opening, all bids were tabulated for the project. This tabulation process determined that the low bidder for the project had a mathematical error in his bid schedule. This mathematical error reduced his total contract price from $167,017 to $166,567. The adjusted price still made the contractor the low bidder on the project. The contractor was contacted regarding this issue and had no objection to lowering his total price to match the unit prices indicated in his bid schedule for the project. FISCAL IMPACT: The total amount bid by the lowest bidder was $166,567.00 by ALLIANCE SERVICE AND CONTROL SPECIALISTS, INC. 1.- TOWN OF ORO VALLEY COUNCIL COMUNICATION Page 2 of 2 RECOMMENDATIONS: A. We recommend the award of Contract No. W17-1700 to ALLIANCE SERVICE AND CONTROL SPECIALISTS, INC., the lowest bidder, in the amount of$166,567.00. B. Direct the Water Utility Director to prepare a Notice of Award to ALLIANCE SERVICE AND CONTROL SPECIALISTS, INC.and transmit said Notice along with the Contract Agreement and Bond forms for execution. C. Direct the Water Utility Director to issue the Notice to Proceed in accordance with the requirements of the Contract Agreement upon the receipt of the Contract Agreement. D. Authorize the Water Utility Director to execute Contract Change Orders and/or Supplemental Agreements incidental to the prosecution of Work. E. Direct the Town Clerk to hold the bid bonds from all bidders until such time that a Contract Agreement has been executed. SUGGESTED MOTION: I move to approve the award of Contract No. W17-1700 to ALLIANCE SERVICE AND CONTROL SPECIALISTS, INC, Or I move to deny R.4,(y(' /1 / r/ P ••- ► ager # 1 I• • -. ater Ut. N tyi►irecto / ' ° Town Manager r" ', V ''' ., = ,, \ , Nt "i' 8 , ) N -:. ---,. rs * ((,) N rx • Z = w zQ 4 %) a: .7; „ ,\, .4"7-1v � m z ,-,:, >.. ©z -.. g � ........\ 7-----\ C N © o E.•: z, ©, g c z <!'. ,...) :-. el ... 7 . - it ,. • --,'1 w z �..., S Ca � � � Na � A v , � a o i4.1 wZ '"" M Z .-; J 7 >• cm W t ' c, 0 ''S- 2 C4 W r� E•. w E.:: r , ,, `. a ` ; wOE� \-- a = c :: °6, = = , _.,,%, \J , . acxw .�, - - - � �. • o -.. -- , , \s,\4) , , ct ai ai a. 4 c, C c. &' 9 .* ' ‘ `' v w� G i O Al z O N M 4 ,6 [� 00 O N . 4 1 Z \, O a a F4I ,,,, M c/;Z 3 TOWN OF ORO VALLEY #:_ - - COUNCIL COMMUNICATION TOV MEETING DATE: June 7,2000 TO: HONORABLE MAYOR&COUNCIL FROM: Lory Warren,Street Superintendent SUBJECT: Resolution No. (R)00-52 Approving the contract for Annual Striping and Pavement Marking SUMMARY: On October 20, 1999, The Town Engineer adopted a policy whereby in-house street edge and centerline-striping was discontinued. In April the Department of Public Works requested bids for annual striping and received three bid proposals. ATTACHMENTS: Resolution(R)00-52 Copy of Bid Minutes, Contract Services Agreement FISCAL IMPACT: Approximately$40,000 RECOMMENDATIONS: Staff recommends the award of contract to the low bidder, Pavement Marking, Inc_ SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Resolution(R)00-52 Or I move to deny Resolution(R)00-52 t 1%, D e l. a ent Head AA. !!..) Town Manager r RESOLUTION NO. (R)00-52 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING 'FHE AWARD OF CONTRACT FOR ANNUAL STRIPING AND PAVEMENT G. WHEREAS, the Town Engineer has- adopted a policy whereby pavement striping is to be performed by outside contractors;and WHEREAS, the Town of Oro Valley Department of Public Works has programmed the pavement striping into the current and upcoming budgets;and WHEREAS, a bid opening was conducted with three bids submitted; and WHEREAS,the low bid was less than budgeted THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL.OF THE TOWN-OF-ORO-VALLEY,ARIZONA: That the Town Manager enters into a contract with Pavement Markings, Inc. for the Annual Striping and Pavement Marking for fiscal year 2000/2001. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,Arizona this Lla day of JUNE ,2000 TOWN OF ORO VALLEY,ARIZONA Paul H.Loomis,Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Dan L.Dudley,Town Attorney Date Date 4g kr) cn cD 0 O E NC O Q O — O H •-. (4i U CO Q H z U OU-v 5 Hz V a › o z ' s • c4 wad b OAI.. ZNo v 0 0 0 QWWo0N -� Z Z oaQwv�, Oo < E~ c• 4aa < o cn O w3Q �1 0 z mtu .< o 0 0 5MZ &... aA z . 0 a) 0 a.. E.: o ao v) —1 > z ° c- - •a CA s-3 •b VD a) O� M 0 3 c o M 7 v 40) < a. ' N cv o b U �N '-N �On 7 C c <bA = E '- 0 0 0 �" +� .SC •--4 V) t-• 0- = O M[- C) 00 .2 '650C40 � Op oo o a) Q cn M N -0 00K --- 3U . cL' UU 000 a) GA ° --� c" 3 ri. = ,IwOp ° . � E o O ..o O = r a) -- w3 .�? a. a. a.� H — H H ("Ni 0 � x a) LQ ;-o 4 = - Q ca .� c z c3 c4 bI) ct CIO 6 -E* .• E:-; EH Z 0 E =, 0 act L7 CA 71) Z ct — w a) 0 b o~ \ X f :eived: 4/28/00 12:09PM; 797 2202 -> PAVEMENT MARKING INC; Page 2 26/2000 11:33 797-2202 Ov PUBLIC WORKS PAGE 02 CONTRACT SERVICES AGREEMENT STRIPING AND PAVEMENT MARKING SERVICES THIS AGREEMENT entered into this '/'� da of 11/14„1.:__,2000 between The Town of Oro Valley,a `7 municipal corporation of the State of Arizona hereinafter calred THE TOWN,on behalf of �Yh� �G , hereinafter called THE CONTRACTOR_ � WITNESSETH WHEREAS,THE TOWN requires the services of a CONTRACTOR qualified to apply pavement markings and provide the other pavement marking services;and, WHEREAS,THE CONTRACTOR is qualified and willing to provide such services: and WHEREAS,pursuant to Contract DPW 99/00 24,THE CONTRACTOR submitted the bid most advantageous to THE TOWN and WHEREAS,THE MAYOR AND TOWN COUNCIL of the Town of Oro Valley are authorized to contract for maintenance contracts according to Resolution-00 NOW,THEREFORE,the parties hereto agree as follows: ARTICLE I-•TERM This Agreement e t shall commence on the day of 2000, and shall terminate on the day of 2001, unless sooner terminated or further extended pursuant to Articles IV,V and VI. ARTICLE H--SCOPE CONTRACTORagrees to provide the pavement marking services as set forth in the attached Appendix"A"as THE �Y the primary vendor. No guarantee is made as tot eh exact amount of work to be performed. ARTICLE IIS-PAYMENT In consideration nsideration of the services specified in the Agreement,THE TOWN agrees to pay THE CONTRACTOR for work provided as set forth: PAINTING, SOLID S'T'RIPE G3 oSig 4 iSi7 PAINTING,YELLOW SOLI)STRIPE S , oStS / , O7 % 1° 100 RAISED PAVEMENT MARKER INSTALLATION - S ,� �3EC). 00 LINEAR LEAR FEET OF STRIPING OBLITERATION 4"LINE S . 00 GLASS BEADS PER POUND @ 10 LBS PER GALLON S MOBXLIZATION CHARGE FOR URGENT PROJECTSg��. S S 00. 00 TOTAL PAYMENT FOR TERM OF CONTRACT AGREEMENT �' S 3902 '1 SS' ii IN WITNESS WHEREOF, The Town and the Contractor have executed this Agreement for work to begin July 3, 2000 and continue for one calendar year. The contract may be renewed at the initiative and option of the Town for up to three (3) additional years in increments of one (1) year or less. TOWN OF ORO VALLEY, a Municipal Corporation BY: BY: Mayor Town Engineer DATE: DATE: REVIEW AS TO FORM: BY: Name of Contractor Town Attorney BY: DATE: BY: ATTEST: DATE: Town Clerk Town of Oro Valley Oro Valley, Arizona 85737 SIGNING INSTRUCTION TO THE CONTRACTOR: In the event that the contracting firm is a corporation, the president and the secretary or the vice-president and the secretary of the corporation must sign and the corporate seal must affixed thereto. TOWN OF ORO VALLEY _H COUNCIL COMMUNICATION MEETING DATE: JUNE 7, 2000 TO: HONORABLE MAYOR AND COUNCIL FROM: DANIEL G. SHARP, CHIEF OF POLICE RESOLUTION NO. (R)00-53 SUBJECT: PARTICIPATION IN OUTHWEST BOARD H.I.D.T.A PROGRAM SUMMARY: Request is being made to renew an Intergovernmental Agreement (H.I.D.T.A. X)between Pima County and member agencies of the High Intensity Drug Trafficking Area Program. When renewed this agreement will provide for salary, ERE and overtime costs for two Town of Oro Valley Police Department officers. One officer will be assigned with M.AN.T.I.S. and the other with Pima County H.I.D.T.A. Investigative Task Force(D.E.A.). The agreement is effective from October 1, 1999 and will terminate on September 30, 2001. Fiscal Impact: None for FY 1999/00 & FY 2000/01 Attachments: 1) Resolution No. (R)oo-53 2) Cop of the Intergovernmental Agreement For H.I.D.T.A. X. .tecommendation: I urge that Council approve suggested motion. Suggested Motion: I move that Council approve Resolution No. (R)oo-S3 which provides for the renewal of an intergovernmental agreement between Pima County and Member agencies of the High Intensity Drug Trafficking Area(H.I.D.T.A. X) program. 1`P Daniel G. Sharp, of olice Ottert4 Charles F. Sweet, own Manager . RESOLUTION NO. (R)043- 4 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND MEMBER AGENCIES OF THE HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM DRUG GRANT AGREEMENT (H.I.D.T.A X). WHEREAS, the Town of Oro Valley pursuant to Arizona Revised Statutes 11-952 is authorized to enter into agreements for joint and cooperative action with other public agencies and is empowered by Title 9 Arizona Revised Statutes to enter into contracts and to establish and maintain the Oro Valley Police Department, pursuant to A.R.S. 9-240.12; and WHEREAS,the Town of Oro Valley desires to enter into a mutual aid agreement with Pima County through the Pima County Sheriff's Department for the participation and administration of a multi- agency High Intensity Drug Trafficking Area task force. WHEREAS, it is the desire of the Town of Oro Valley to enter into said Intergovernmental Agreement in order to provide for the health, safety and welfare of the residents in the Town of Oro Valley; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: 1. That the Mayor of the Town of Oro Valley, Chief of Police and other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of said agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 7TH day of JUNE , 2000. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPRO I AS TO F 04.44' : Ilk IR . Ari Dan Dudle , Town Attorn= Oro Valley Police Police Department ARIZONA HIGH INTENSITY DRUG TRAFFICKING AREA HIDTA EXECUTIVE BOARD INTER-GOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND MEMBER AGENCIES OF THE HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM DRUG GRANT AGREEMENT (HIDTA X) Whereas, the Office of National Drug Control Policy (ONDCP) has awarded $9,269,822.00 to the Pima County Sheriffs Department, a department of Pima County, a corporate and body politic of the State of Arizona. Whereas, the grant money is to be allocated to member agencies of the Arizona Southwest Border HIDTA Program to be spent in accordance with (ONDCP) guidelines. Whereas, The PIMA COUNTY SHERIFF'S DEPARTMENT (hereinafter referred to as PCSD), a member of the HIDTA Program, is willing to act as the administrator of the grant funds. This agreement is made on this day , by and between the PIMA COUNTY through the PCSD, and the Oro Valley Police Department, hereinafter referred to as the GRANTEE. PIMA COUNTY is authorized to enter this agreement pursuant to A.R.S. sections 11-201, 11-251, and 11-951 through 11-954. DEFINITION OF TERMS: Now, THEREFORE, it is agreed between the parties as follows: GRANTEE: Any State or Local agency in the State of Arizona who is a recipient of HIDTA 2000 Grants. 1 BOARD: Defined as the Members of the Arizona H I DTA Executive Committee and its Executive staff defined as the Arizona Alliance Planning Committee. The day-to-day compliance and review of H I DTA initiatives within the State of Arizona will be carried out by the staff of the Arizona HIDTA (also known as the Arizona Alliance Planning Committee or AAPC) at the direction of the Arizona HIDTA Executive Committee (AHEC). ADMINISTRATOR: The accounting section of the Pima County Sheriffs Department will handle the processing of vouchers for payment or reimbursement to the GRANTEES. 1. This agreement is effective October 1, 1999 and will terminate on September 30, 2001. This HIDTA Program grant expires at the end of the agreement period, unless prior written approval for an extension has been obtained from the Administrator/PCSD. This decision will be made by the PCSD after consultation with the BOARD. Any extensions will be contingent upon approval by cognizant federal authorities of an extension of the HIDTA grant award number IOPSAP549 between the Office of National Drug Control Policy (ONDCP) and the PCSD. The GRANTEE agrees to return any unexpended funds to the BOARD within 60 days of the expiration of this grant. 2. The GRANTEE agrees that HIDTA Program grant funds shall be used to support and enhance activities intended to deter, investigate, and/or prosecute drug offenders. Grant funds will not be used to supplant State and/or local funds that would otherwise be made available for such purposes. 3. The GRANTEE shall operate in a manner consistent with, and in compliance with the provisions and stipulations of the approved HIDTA Program grant and this agreement. If the Administrator/PCSD finds non-compliance, the GRANTEE will receive a formal written notice which identifies the area of non-compliance and the appropriate corrective action to be taken. If the GRANTEE does not respond within thirty calendar days to this notice, and does not provide sufficient information concerning the steps which are being taken to correct the problem, the Administrator, PCSD may suspend funding or permanently terminate the agreement or revoke the grant. Any deviation or failure to comply with the purpose and/or conditions of this agreement without written permission from the Administrator/PCSD may constitute sufficient reason for the PCSD to terminate the agreement and revoke the grant. It will also require the return of all unspent funds, require that an audit of expended funds be performed at GRANTEE'S expense, and require the return of any previously expended funds which are deemed to have been spent in violation of the purposes and conditions of the grant 2 4. The approved program budget is shown below. The GRANTEE may make budget adjustments of up to ten percent of the total budget of the grantee in any approved initiative after notification in writing to the staff of the Arizona Alliance Planning Committee and the Administrator/PCSD, and after receiving the signature approval of the Arizona HIDTA Director. Adjustments or reprogramming in excess of ten percent of the grantee's budget in an initiative or any reprogramming between initiatives and or agencies; in any amount, require the approval of the BOARD, the Southwest Border HIDTA Co-ordinator, and the Office of National Drug Control Policy. Requests for budget adjustments or reprogramming must be submitted in writing to the AAPC. APPROVED PROGRAM BUDGETS FOR THE ORO VALLEY POLICE DEPARTMENT HIDTA 2000 INITIATIVES: 1. Oro Valley Department: MANTIS: $52,250.00 Pima County HIDTA Investigative Task Force: $41,750.00 Total: $94,000.00 5. The GRANTEE agrees to comply with the financial and administrative requirements set forth in the effective edition of the ONDCP Financial and Administrative Guidelines. 6. The GRANTEE agrees that it will provide accounting, auditing, and monitoring procedures to safeguard HIDTA Program grant funds and keep such records to assure • proper fiscal controls, management, and the efficient disbursement of HIDTA Program grant funds. Disbursement of HIDTA Program grant funds to the GRANTEE can be on a reimbursement or advance basis. Reimbursement requests should be made on a monthly basis to the Pima County Sheriffs Department Finance Unit. Requests for reimbursement must include a detailed listing of expenditures summarized by budget category. The request must contain receipts for equipment purchases which exceed $1,000.00 in cost. Supporting documentation for all expenditures will be kept available by the GRANTEE for audit and review purposes for a period of 3 years (Ref. HIDTA Financial &Administrative Guidelines of January 1997.) Advances for expenditures may be requested to be made within a thirty day period. The request must be signed by an authorized representative of the GRANTEE. 7. Prior to the expenditure of confidential funds, an authorized agent of the GRANTEE shall sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in Attachment A, paragraph #4 ONDCP financial and administrative guidelines. This signed certification shall be designated Attachment A of this agreement and incorporated herein by reference. 3 e 8. The GRANTEE agrees to submit periodic financial and performance reports to the 9 BOARD, on forms provided by the BOARD, documenting the activities supported by the H I DTA Program grant funds and providing an assessment of the impact of those activities on drug trafficking. The reports shall be submitted at specific time tables to be determined by the BOARD and the Office of National Drug Control Policy. 9. Budget item submissions for equipment and other contract items are accepted as best estimate only and are not deemed approved at that price. The GRANTEE is required to assure such items are not currently available, are not duplicative or excessive, and should make market surveys and obtain the best price available. The GRANTEE shall follow the same procurement policies and procedures that it uses for obtaining non-federal funds. 10. Equipment acquired under this grant program must be used by the GRANTEE in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program, the equipment may be used in other activities supported by the Office of National Drug Control Policy (ONDCP). The GRANTEE may dispose of the original equipment when no longer needed or supported by the ONDCP. Items with a current per- unit fair market value of less than $5,000 may be retained, sold, or otherwise disposed of with no further obligation to the ONDCP. Items in excess of $5,000 may be retained or sold and the ONDCP shall have a right to an amount as stated in the Financial and Administrative Guide for Grants (OJP M7100.1 D). • 11. This agreement may be modified only by a written amendment signed by persons duly authorized to enter into agreements on behalf of the PCSD and GRANTEE. Any notice given pursuant to this agreement shall be in writing and shall be considered to have been given when actually received by the following addressees or their agents or employees. a. If to the PCSD. PIMA COUNTY SHERIFF'S DEPARTMENT 1750 E. Benson Highway Tucson, Arizona 85714 Attn: Ron Jee Finance Administrator b. If to the GRANTEE. Oro Valley Police Department: 11000 N. La Canada Blvd. Oro Valley, Arizona 85737 4 . 12. The GRANTEE agrees that in the event that a Federal or State court, or Federal or State administrative agency, after a due process hearing, makes a finding of discrimination on the grounds of race, color, religion, national origin, sex, age, or handicap against the GRANTEE regarding the program or activities supported by the HIDTA Program grant, the GRANTEE will forward a copy of such findings to the PCSD and the BOARD. 13. The GRANTEE acknowledges that it is acting independently and that it retains sole responsibility for payment of salary of any of its employees including any hired with grant funds. Grantee agrees that it is solely responsible for the payment of all federal, state and local taxes associated with compensation pursuant to this agreement. Grantee also agrees that it is solely responsible for worker's compensation and any other benefits due to its employees. 14. Grantee agrees to indemnify, defend and hold harmless, PCSD, the Grant Administration and Pima County, its officers, departments, employees and Agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature which result from any act or omission of Grantee, its agents, employees or anyone acting under its direction, control or on its behalf whether intentional or negligent. 15. Grantee agrees to maintain insurance as follows: Commercial General Liability in an amount of not less than $1 million and Automobile Liability coverage in a amount of not less than $1 million. Grantee may self -insure any of the above lines of insurance pursuant to Arizona law. If Grantee purchases commercial general liability insurance, Pima County shall be named as an additional insurance. 16. "COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT. Grantee shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 USC 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36." 17. This contract is subject to the provisions of A.R.S. # 38-511 which provides in pertinent part: " The state, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies either if any person significantly involved in initiating negotiating, securing, drafting or creating the contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time, while the contact or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party to the contract with respect to the subject matter of the contract. " 5 4 18. All parties agree to comply with all applicable nondiscrimination requirements of ARS # 41-1463, all applicable State and Federal civil rights laws, and Executive Order 75-5. 18. GRANTEE agrees to support and cooperate, to the extent possible, the missions, goals and objectives of the Arizona HIDTA Intelligence and Operations Support Center and the annual policy guidance for the High Intensity Drug Trafficking Area Program. IN WITNESS WHEREOF, the parties have made and executed this agreement the day and year first above written: 6 FOR THE GRANTEE: Approved as to form and as to authority granted by law(For the GRANTEE), Statutory or other legal authority to enter into this agreement:(grantee) FOR THE GRANTOR: For the Pima County Sheriffs Department: Stanley Cheske Chief Deputy, PCSD Approved as to form and as to authority granted by law Gerard M. Guerin Deputy County Attorney, Pima County • Statutory or other legal authority to enter into agreement Chairman, Pima County Board of Supervisors 7 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 7,2000 TO: HONORABLE MAYOR& COUNCIL FROM: Steven Faaborg, Civil Engineering Technician SUBJECT: Resolution No. (R)00- 54 Approving the placement of a stop sign on Stallard Place at Hanley Boulevard. • SUMMARY: It has been brought to staff's attention that there is no stop sign on Stallard Place at its intersection with Hanley Boulevard. The Subdivision Street Signage Policy, a portion of the Oro Valley Subdivision Street Standards, states that all intersections shall have traffic control. The policy further states that tee intersections shall be posted with a stop sign on the non-continuous leg. The Stallard Place cul-de-sac forms a tee intersection with Hanley Boulevard and is the non-continuous leg, therefore it would be appropriate to place the stop sign on Stallard Place, thus bringing the intersection into compliance with Town Code. ATTACHMENTS: Resolution(R)00- 54 FISCAL IMPACT: Approximately $45.00. RECOMMENDATIONS: Staff recommends the placement of this signage. SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Resolution(R)Y0&-54 Or I move to deny Resolution(R)OO- 2i • ent He'd ,Ale r own M. .ger RESOLUTION NO. (R)OO-54 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE PLACEMENT OF A STOP SIGN ON STALLARD PLACE AT HANLEY BOULEVARD. WHEREAS, the intersection of Stallard Place and Hanley Boulevard presently has no traffic control; and WHEREAS, the intersection is a tee with the Stallard Place cul-de- sac being the non-continuous leg; and WHEREAS, the Subdivision Street Signage Policy (a portion of the Oro Valley Subdivision Street Standards) states that all intersections shall have traffic control; and WHEREAS, the Subdivision Street Signage Policy states that tee intersections shall be posted with a stop on the non-continuous leg; THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: That a stop sign be placed on Stallard Place at its intersection with Hanley Boulevard. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 7TH day of JUNE , 2000. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Dan L. Dudley, Town Attorney Date Date TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 7,2000 TO: HONORABLE MAYOR& COUNCIL FROM: Paul K.Nzomo,P.E Project Manager: Capital Improvement Projects&Development SUBJECT: Resolution (R) 00-55 Award of contract for Project No. 99/00-06 Tangerine Road and First Ave. Traffic Signal Installation, striping, and Roadway Widening. SUMMARY: This project involves the installation of traffic signal, roadway widening and striping. This will include grading, curbing and sidewalks, asphaltic concrete paving, traffic signal installation, pavement markings and signing, and other incidental work. These improvements will improve the safety of the intersection. In response to the advertisement for bids,the Town received one bid proposal. The bid proposals were opened by Town staff at 2:00 p.m. on May 19, 2000. The following is a summary of the bid received along with the engineer's estimate: 1. Cimetta Engineering&Construction Co.,Inc. $283,123.75 Engineers estimate $270,000.00 ATTACHMENTS: Resolution(R)00-55 FISCAL IMPACT: Funding for this project is available from budgeted Town funds for the 99/00 fiscal year. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATION: Public Works staff recommends the awarding of this contract to Cimetta Engineering&Construction Co., Inc. through the adoption of the attached resolution. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve Resolution(R)00- 55 OR I move to deny Resolution(R) 00 -55 W.i i. A. Jansen,P. own Engineer elChuck Sweet, own Manager RESOLUTION NO. (R) OO- A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING AUTHORIZATION FOR THE MAYOR TO CONTRACT WITH CIMETTA ENGINEERING AND CONSTRUCTION CO., INC. FOR TRAFFIC SIGNAL INSTALLATION, STRIPING, AND ROADWAY WIDENING AT THE INTERSECTION OF TANGERINE ROAD AND FIRST AVE. WHEREAS, the construction of roadway improvements within the Town's Right of Way is necessary to the public health, safety, and welfare in order to provide for the safe and effective movement of vehicular and pedestrian traffic;and WHEREAS, the Town Council deems it necessary, in the interest of providing for the health, safety, and welfare of the citizens of Oro Valley, to authorize the Mayor to contract with Cimetta Engineering and Construction Co. Inc, for traffic signal installation, striping and roadway widening at the intersection of Tangerine Road and First Ave. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA: The Mayor to contract with Cimetta Engineering and Construction Co. Inc. for traffic signal installation, striping, and roadway widening at the intersection of Tangerine Road and First Ave. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,Arizona this 7TH day of JUNE , 2000. 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 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 7th 2000 TO: HONORABLE MAYOR & COUNCIL FROM: Melissa Shaw, AICP, Planner II Louise Harrison, Volunteer Save-A-Plant Coordinator SUBJECT: RESOLUTION NO. (R) 00- 56 DECLARING AS A PUBLIC RECORD THAT UNDER ARS TITLE 3, CHAPTER 7, `ARIZONA NATIVE PLANTS' ARTICLE 1, SECTION 3- 916 HOMEOWNERS ASSOCIATIONS AND OTHER COMMUNITY BASED NON- PROFIT ORGANIZATIONS MAY SALVAGE NATIVE PLANTS WITHIN THE TOWN OF ORO VALLEY AND RE-PLANT THEM IN COMMON OR PUBLIC AREAS WITHOUT OBTAINING A PERMIT, TAG, SEAL OR RECEIPT OR PAYING A FEE OTHERWISE REQUIRED BY THE ARIZONA DEPARTMENT OF AGRICULTURE, PROVIDED THAT ALL OTHER PROVISIONS DETAILED IN THE SECTION ARE STRICTLY ADHERED TO. SUMMARY: A new section has been enacted by the State legislature and added to Title 3, Chapter 7, `Arizona Native Plants' Article 1, Section 3-916 allowing Homeowner's Associations and other community-based non-profit organizations to collect and salvage Native Plants, without obtaining a permit from the Arizona Department of Agriculture. It requires the plants to be transplanted in a common area of the organization or on public property. A number of provisions exist and must be met without exception by a Homeowners Association or community based non-profit organization wishing to salvage Native Plants under the section, including a Town Resolution within which they are named. For full details about the new section, please refer to the fact sheet attached. If the Council elects to support the collection and salvage of Native Plants by Homeowners Associations and other community-based non-profit organizations within the Town of Oro Valley, action must be taken, in the form of adoption of the attached resolution, to make said provisions a matter of public record. RECOMMENDATIONS: Planning Staff recommends that Council support the collection and salvage of Native Plants by Homeowner's Associations and non-profit organizations. As such, approval of this resolution is also recommended, which will make the proposed provisions of the referenced section a public record. SUGGESTED MOTION: I move to approve Resolution No. (R) 00-56 making the provision within Title 3, Chapter 7, `Arizona Native Plants' Article 1, Section 3-916, requiring a Town to authorize a Homeowner's Association or non-profit organization to collect and salvage of Native Plants within the Town, a public record. - OR- 1 move not to approve Resolution No. (R) 00-56 , finding that: . TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 ATTACHMENTS: 1. Resolution No. (R) 00- 56 2. Fact Sheet explaining House Bill 2018 ,, Planning 77.%ping A inistrator /` "),)t-gf . r Co ' Dev: • .ment Director 04" i / d Town Manager :\INDIVID\MJS\save-a-plant\resolution town council.doc RESOLUTION NO. (R) 00-56 A RESOLUTION DECLARING AS A PUBLIC RECORD THAT UNDER ARIZONA REVISED STATUTES SECTION 1, TITLE 3, CHAPTER 7, `ARIZONA NATIVE PLANTS' ARTICLE 1, SECTION 3-916 HOMEOWNERS ASSOCIATIONS AND OTHER COMMUNITY BASED NON- PROFIT ORGANIZATIONS MAY SALVAGE NATIVE PLANTS WITHIN THE TOWN OF ORO VALLEY AND RE-PLANT THEM IN COMMON OR PUBLIC AREAS WITHOUT OBTAINING A PERMIT, TAG, SEAL OR RECEIPT OR PAYING A FEE OTHERWISE REQUIRED BY THE ARIZONA DEPARTMENT OF AGRICULTURE, PROVIDED THAT ALL OTHER PROVISIONS DETAILED IN THE SECTION ARE STRICTLY ADHERED TO. BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: Whereas HB2018 was adopted by the Arizona Legislature and signed by the Governor Jane Dee Hull on April 24, 2000, amending ARS Section 1, Title 3, Chapter 7, Article 1 by adding section 3-916 titled "Salvage of native plants by homeowners association or other nonprofit organization", and Whereas Homeowners' Associations or any other community based nonprofit organizations may collect and salvage native plants under this Section in an incorporated City or Town without obtaining a permit, tag, seal or receipt or paying a fee otherwise required by this chapter, and Whereas before collecting any plant under this section, the homeowners association or nonprofit organization must submit to the Arizona Department of Agriculture a copy of a resolution adopted by the governing body of the Town authorizing the homeowners' association or nonprofit organization to collect and salvage native plants pursuant to this section in the Town, Therefore, let it be resolved that the Town Council of Oro Valley authorizes the following Homeowners Associations and community based nonprofit organizations to salvage native plants as provided for under this Section: The Town of Oro Valley, Autumn Hills HOA, Campo Bello HOA, Canada Hills Estates HOA, Canada Ridge HOA, Canada Verde Luxury Apartments HOA, Canada Vistas Estates HOA, Carmel Pointe HOA, Casitas Del Oro Norte HOA, Catalina at Canada Hills HOA, Catalina Shadows HOA, The Colony at Oro Valley HOA, Copper Creek HOA, Copper Springs Estates HOA, Coyote Ridge HOA, Desert Sky Club HOA, Desert Vista Naranja HOA, El Conquistador Patio Homes HOA, Estates at High Mesa HOA, Estates at Honeybee Ridge HOA, Greentree HOA, Highlands Mobile Home Estates HOA, Honeybee Canyon HOA, Horizon Heights Condo HOA, Ironwood Canyon HOA, La Reserve HOA, Lambert Lane HOA, Masters Hill HOA,Montera Hills HOA, Monterey Homes at Vistoso HOA,Naranja Ranch One HOA, Oro Valley Country Club Estates HOA, Oro Valley Town House Imp HOA, Placita del Oro HOA, Pusch Ridge Estates HOA, Rams Hill HOA, Rancho Verde HOA, Rancho Vistoso HOA, Rivers Edge HOA, Shadow Mountain East HOA, Shadows of the Ridge HOA, Sheraton El Conquistador HOA, Sierra at La Canada HOA, Sun City HOA, Sun City Vistoso HOA, Sunnyslope Townhouse HOA, Sunstone Estates HOA, Valle del Oro HOA, Villa Balboa HOA, Village 07 HOA, Village 09A & 09C HOA, Village 10 HOA, Village 11 HOA, Village 12 HOA, Village 13 HOA, Village 14 HOA, Village 15 HOA, Village 16 HOA, Village 17 & 18 HOA, Village 19 HOA, Village 20 HOA, Village 21 & 22, Fairway Pointe HOA, Village B & C HOA, Village D & E HOA, Village K HOA, Villages of La Canada HOA, Vista Catalina at Vista Del Oro HOA, Vistoso Hills HOA, Wildridge at Rancho de Oro HOA, La Morada HOA, Vista de la Montana United Methodist Church,Amber Ridge HOA, One on One Partnership, and Prima Vera Builders. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 7th day of June, 2000. Paul H. Loomis,Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney FACT SHEET FOR H.B. 2018 native plants; nonprofit community salvage Purpose Allows homeowners' associations and other community based non-profit organizations to collect and plants,salvage native without obtaining a permit from the Arizona Department of Agriculture (Department) and requires the plants to be transplanted in a common area of the homeowners' association or on public property. Background Currently, statute does not prevent the destruction of protected native plants or cleaning or removing protected native plants from a canal, lateral ditch, survey line, building site, road or other right-of-way by the owner of the land if the land is privately owned, the protected native plants are not transported from the land or offered for sale, or the owner or the owner's agent notifies the Department of intended destruction within a specified time frame. A person is also prohibited from taking, transporting or having any protected native plant taken from the original growing site in Arizona without a permit issued by the Department. Permits applicable to highly safeguarded native plants may be issued only for collection for scientific purposes or for the noncommercial salvage of highly safeguarded native plants whose existence is threatening by intended destruction, or by their location or by a change in land usage, and if the permit enhances the survival of the affected species. In 1997, Oro Valley adopted a Save-A-Plant program to collect and salvage plants, such as Prickly Pair cactuses, Agave plants, and Cholla cactuses from soon to be developed areas, and return the plants to community areas. When a plant is removed from the private land, the party relocating the plants must pay a $5 licensing fee and pay between 50 cents and $6 for each plant, depending on the species to the Department. If a business or individual owns more than one piece of land, and they want to move plants from one location to another, there is no state fee or cost to remove the plant. Once the licensing fee has been paid, tags must be placed by the Department on each plant to be removed. These tags are to prove that the plants were moved with the permission of the landowner. This legislation allows homeowners' associations and other community based non-profit organizations to collect and salvage native plants without obtaining a permit and without paying a fee to the Department. There is no discernable fiscal impact to the general fund associated with this legislation. FACT SHEET H.B. 2018 Page 2 Provisions 1. Allows a homeowners' association or any other community based nonprofit organization to collect and salvage native plants in an incorporated city or town without obtaining a permit, tag, seal or receipt or paying a fee. Allows native plants to be obtained only for noncommercial salvage and only if their existence is threatened by intended destruction, by their location or by a change in land use. 2. Requires the homeowners' association or nonprofit organization, before collectingplant, anY to submit to the Department a letter of permission from the owner of the property where the native plants are currently growing authorizing entrance to the property and removal of plants, a copy of a resolution adopted by the governing body of the city or town authorizing the collection and salvage of native plants and a written statement from the homeowners' association or nonprofit organization. 3. Requires the statement to include the name of the association or organization, the name, address and telephone number of a contact person representing the association or organization, the name, address and telephone number of the owner of the property where the P native plants are currently growing, the physical location of the property where theP lants are growing, and a signed statement that the plants will be transplanted in a common area owned by the homeowners' association or on public property, and the plants will not be sold, exchanged or otherwise disposed of. 4. Grants a person who possesses a permit, tags or seals issued for the collection or salvage of native plants, priority over the homeowners' association or nonprofit organization in obtaining any native plant. 5. Requires the Department to issue a notice to the homeowners' association or nonprofit P organization of any violation of terms and conditions prescribed for salvage of native plants or of any statement submitted to the Department. 6. Requires the Department, in the case of a second or subsequent violation, to issue a further notice prohibiting further collection or salvage of plants and requires the Department transmit a copy of each notice to the governing body of the city or town. 7. Defines "homeowners' association." 8. Provides for a general effective date. DEC- 15-99 WED 15 :40 TUCSON HOUSE OF R E P-SEN F'- 03 • 1 Be it enacted by the Legislature of the State of Arizona: 2 Section 1. Title 3. chapter 7, article 1. Arizona Revised Statutes. 3 is amended by adding section 3-916. to read: 4 3-916. Sa1YaQe gf n_at`iv_e_pl js bjLhomeowner 1 i 5 Other non r fi r ni i n• fin i n T 6 A. A HOMEOWNERS' ASSOCIATION OR ANY OTHER COMMUNITY BASED NONPROFIT 7 ORGANIZATION MAY COLLECT AND SALVAGE NATIVE PLANTS UNQER THIS SECTION IN AH 8 INCORPORATED CITY OR TOWN WITHOUT OBTAINING A PERMIT. TAG, SEAL OR RECEIPT 9 OR PAYING A FEE OTHERWISE REQUIRED BY THIS CHAPTER. NATIVE PLANTS MAY BE 10 OBTAINED UNDER THIS SECTION ONLY FOR NONCOMMERCIAL SALVAGE AND ONLY IF THEIR 11 EXISTENCE IS THREATENED BY INTENDED DESTRUCTION, BY THEIR LOCATION OR BY A 12 CHANGE IN LAND USE. 13 B. BEFORE COLLECTING ANY PLANT UNDER THIS SECTION, THE HOMEOWNERS' 14 ASSOCIATION OR NONPROFIT ORGANIZATION SHALL SUBMIT TO THE DEPARTMENT: 15 1. A LETTER OF PERMISSION FROM THE OWNER OF THE PROPERTY ON WHICH THE 16 NATIVE PLANTS ARE CURRENTLY GROWING AUTHORIZING THE HOMEOWNERS' ASSOCIATION 17 OR NONPROFIT ORGANIZATION TO ENTER THE PROPERTY AND REMOVE THE PLANTS. 18 2. A COPY OF A RESOLUTION ADOPTED BY THE GOVERNING BODY OF THE CITY 19 OR TOWN AUTHORIZING THE HOMEOWNERS' ASSOCIATION OR NONPROFIT ORGANIZATION TO 20 COLLECT AND SALVAGE NATIVE PLANTS PURSUANT TO THIS SECTION IN THE CITY OR 21 TOWN. 22 3. A WRITTEN STATEMENT FROM THE HOMEOWNERS' ASSOCIATION OR NONPROFIT 23 ORGANIZATION INCLUDING: 24 (a) THE NAME OF THE ASSOCIATION OR ORGANIZATION. Z5 (b) THE NAME. ADDRESS AND TELEPHONE NUMBER OF A CONTACT PERSON 26 REPRESENTING THE ASSOCIATION OR ORGANIZATION. 27 (c) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE OWNER OF THE 28 PROPERTY ON WHICH THE NATIVE PLANTS ARE CURRENTLY GROWING. 29 (d) THE PHYSICAL LOCATION OF THE PROPERTY ON WHICH THE PLANTS ARE 30 GROWING. 31 (e) A SIGNED STATEMENT THAT; 32 (i ) THE PLANTS WILL BE TRANSPLANTED IN A COMMON AREA OWNED BY THE 33 HOMEOWNERS' ASSOCIATION OR ON _PUBLI_C__PROPERTY_. 34 (ii) THE PLANTS WILL NOT 8E SOLD. EXCHANGED OR OTHERWISE DISPOSED OF 35 EXCEPT AS PROVIDED BY THIS SECTION_ 36 C. A PERSON WHO POSSESSES A PERMIT. TAGS OR SEALS ISSUED UNDER THIS 37 CHAPTER FOR COLLECTION OR SALVAGE OF NATIVE PLANTS HAS PRIORITY OVER THE 38 HOMEOWNERS' ASSOCIATION OR NONPROFIT ORGANIZATION IN OBTAINING ANY NATIVE 39 PLANT. 40 D. THE DEPARTMENT SHALL ISSUE A NOTICE TO THE HOMEOWNERS' ASSOCIATION 41 OR NONPROFIT ORGANIZATION OF ANY VIOLATION OF THE TERMS ANO CONDITIONS 42 PRESCRIBED BY THIS SECTION OR OF ANY STATEMENT SUBMITTED TO THE DEPARTMENT 43 UNDER SUBSECTION 8. IN THE CASE Of A SECOND OR SUBSEQUENT VIOLATION. THE 44 DEPARTMENT SHALL ISSUE A FURTHER NOTICE PROHIBITING FURTHER COLLECTION OR DEC- 15-'99 WED 1 S : 4 1 TUCSON NOUSE OF REP-SEN R . 04 I SALVAGE OF PLANTS. THE DEPARTMENT SHALL TRANSMIT A COPY OF EACH NOTICE TO 2 THE GOVERNING BODY OF THE CITY OR TOWN- .. MEANS A 3 E. FOR PURPOSES OF THIS SECTION HOMEOWNERS ASSOCIATION" 4 NONPROFIT CORPORATION OR ASSOCIATION THAT IS ORGANIZED IN THIS STATE AND THAT 5 MEETS BOTH OF THE FOLLOWING REQUIREMENTS- ACCESS 6 1. IT IS ESTABLISHED TO OWN. LEASE OR MANAGE COMMON. LIMITED 7 LOTS, PARCELS, AREAS. GROUNDS OR STREETS OF A REAL ESTATE DEVELOPMENT IN THIS 8 STATE. 9 2. IT HAS THE POWER UNDER ITS ORGANIZING DOCUMENTS TO ASSESS AND 10 COMPEL ASSOCIATION MEMBERS TO PAY THE EXPENSES INCURRED IN PERFORMING THE i1 ASSOCIATION'S OBLIGATIONS. - 2 - TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 7, 2000 TO: HONORABLE MAYOR& COUNCIL FROM: Shirley Gay, Assurance Clerk SUBJECT: ASSURANCE AGREEMENT BETWEEN INSIGHT INVESTMENT CO. AND FIRST AMERICAN TITLE INSURANCE AS TRUSTEE OF OV12-97-17B COPPER RIDGE II LOTS 11,12,16,37,AND 47-68 SUMMARY: Insight Investment co.has purchased the above referenced lots for Copper Ridge II and therefore they request the approval of an Assurance Agreement. RECOMMENDATIONS: Staff has no objections to this request. SUGGESTED MOTION: The Town Council may wish to consider the following motion: I move to approve OV 12-97-17B Copper Ridge II Assurance Agreement. ATTACHMENTS: Assurance Agreement Plann 4 d Zoning Administrator # )1:4 Community Development Director a/24A(11174 Town Manager F:\INDIVID\SAG\TCCREL.DOC SUBSTITUTE ASSURANCE AGREEMENT FOR COMPLETION OF SUBDIVISION IMPROVEMENTS BY THIS AGREEMENT made and entered into the day of , 2000 between INSIGHT INVESTMENT COMPANY, an Arizona corporation, (referred to in this Agreement as "Subdivider" ) ;First American Title Insurance Company, a California corporation, as Trustee under Trust No . 4794 (referred to in this Agreement as "Trustee" ) ; and the TOWN OF ORO VALLEY, a municipal corporation, (referred to in this Agreement as "Town" ) , hereby confirm and agree as follows : 1 . 01 Trustee, pursuant to the land trust agreement described in Exhibit "B" is the owner of a certain parcel of land described in Exhibit "A" , which is located in the Town of Oro Valley, Pima County, Arizona. 1 . 02 The parties to this Agreement wish to establish specific terms, conditions and guidelines for compliances with the provisions of ARS Section 9-463 . 01 (C) (8) and Chapter 4 , Article 4-9 of the Oro Valley Zoning Code Revised. II AGREEMENT 1 . 03 . In consideration of the Town approving a final plat for the property described in Exhibit "A" , commonly referred to as Subdivision Name Copper Ridge II , Lots 11, 12 , 16 , 37, and 47-68 , Oro Valley Case No.Ov12-97-17B , the Trustee and subdivider specifically agree to all those conditions and requirements set forth herein. 2 . 01 . Property Description: The property which is the subject matter of the Agreement is all that property described in Exhibit "A" , which is annexed to and made a part of this Agreement . 2 . 02 . Assurances . Pursuant to the requirements of ARS Section 9-463 . 01 (C) (8) , this Agreement is submitted as an assurance for the completion of subdivision improvements including streets, sewer, water, telephone, gas and electric utilities, drainage and 1 flood control improvements and monuments and property corners as more fully described in Exhibit "C" attached hereto and as required pursuant to applicable Federal, State, County and Town ordinances and regulations . These subdivision improvements are required by the Town of Oro Valley, the improvement standards of the Director of Water, Pima County Wastewater Management Department, the gas and electric utilities and State Statutes and regulations, which requirements are in effect on the date of execution of this Agreement . 2 . 03 . Limitation on Transfer of Title . The Trustee shall not convey title to any of the property described in Exhibit "A" without obtaining prior written approval from the Town in the form of a Release of Assurance signed by the Town Engineer. The Trustee may act in full faith and reliance upon the Release of Assurance . A Release of Assurance shall only be provided the Trustee by the Town upon satisfactory completion and formal acceptance by the Town of the required improvements . The Trustee ' s only duty under this agreement is not to convey without first obtaining a Release of Assurances . 2 . 04 . Contracts for Sale . The limitation on the conveyance of title contained in paragraph 2 . 03 notwithstanding, the Trustee may enter into contracts for sale of the property described in Exhibit "A" , provided such contracts clearly state that the conveyance of title to the property is subject to the limitations contained in this Agreement . The Trustee shall, prior to entering into such contracts for sale, provide the Town with a copy of the form of contract containing the disclosure of limitation on the power to convey. 2 . 05 . Bulk Sales . The limitation on the conveyance of title contained in paragraph 2 . 03 notwithstanding, the Trustee may sell and convey all of the property described in Exhibit "A" in one transaction to a single purchaser, provided that the purchaser shall, prior to conveyance, have submitted to the Town satisfactory assurances for the completion of the required improvements . 2 . 06 Conveyance Out of Trust for the Purpose of Encumbrance . The limitation on the conveyance of title contained in paragraph 2 . 03 notwithstanding, the Trustee may convey all or part of the property described in exhibit "A" to the Subdivider or Beneficiary of the Trust solely for the purpose of encumbering the property by the recording of mortgages or deeds of trust, provided the property is thereafter immediately reconveyed into the Trust . 2 2 . 07 . Completion of Improvements . The required improvements shall be completed within two (2) years of the date that the Town Council approved the final plat . This period for completion of improvements may be extended subject to Town council approval and applicable Town ordinances where Subdivider is prevented from completing the improvements by act of God, strike or similar event or circumstances beyond its control or when such extension is determined to be reasonable and prudent by the Town council . Any such extension granted shall not exceed one (1) year. 2 . 08 . Substitution of Assurances . At any time during the period described above in paragraph 2 . 07 for the completion of improvements (or, if such time for completion of the required improvements has been extended by subsequent agreement of the parties, at any time on or before such extended date for the completion of improvements) , Subdivider or Trustee may offer substitute assurances . Such assurances shall be in a form and amount acceptable to the Town and shall be subject to review and approval by the Oro Valley Town Council . 2 . 09 . Inspection and Acceptance of Improvements . The Town may provide for the inspection of the required improvements to insure satisfactory completion. The Town will not accept dedication of the required improvements, nor release, in whole or in part, any property subject to the Agreement until the improvements have been satisfactorily completed and accepted by the Town Engineer. 2 . 10 . Partial Release of Assurances . The Town may provide the Trustee with a Release of Assurance for a portion of the lots created by the subdivision plat attached as Exhibit "A" , provided that all of the improvements required in connection with such lots have been satisfactorily completed and accepted by the Town and provided further that such improvements can be used and maintained separately of the improvements required for the entire subdivision plat . For example, temporary cul-de-sacs should be provided for incomplete streets; water, sewer, gas, telephone and electric facilities should be capable of independent operation; and adequate access for public safety vehicles should be provided. 2 . 11 . Failure to Complete Improvements . In the event that Subdivider fails to complete the required improvements within the period provided in paragraph 2 . 07 above, the parties agree that the Town may initiate a process to re-plat that portion or portions of the property described in Exhibit "A" for which the improvements 3 have not been satisfactorily completed. The purpose of such plat initiated by the Town will be to return the property to approximately the same boundary configurations of record existing before recording of the subdivision plat described in Exhibit "A" . Prior to initiating any action to re-plat the portion of property for which improvements have not been completed, the Town shall provide the Trustee and Subdivider with thirty (30) days written notice of the Town' s intent to re-plat . The notification shall be sent by first class mail, shall be deemed received upon mailing and shall be sent to the following addresses : Trustee : Subdivider: 1880 E River Road #120 3561 E . Sunrise #201 Tucson, Arizona 85718 Tucson, Arizona 85718 The Trustee and Subdivider, as record owner and subdivider, respectively, agree that they will execute such plat returning relevant portions of the property to approximately the same boundary configuration of record existing before recording of the plat described in Exhibit "A" . The parties hereto have executed this Agreement this day of , 2000 . TOWN OF ORO VALLEY a municipal corporation MAYOR COUNTERSIGNED : As Town Clerk and not personally Dan Dudley, Town Attorney INSI441LNVE ENT COMPANY, an A . na so oration /I (/ L te Z i ii By: M c hae 1 g. Jones I Its : President 4 STATE OF ARIZONA ) ) ss . County of Pima ) A.,_.1 This instrument was acknowledged before me this day of May, 2000 , by Michael H. Jones as President of Insight Investment Company, an Arizona corporation and that as such officer, being authorized so to do, signed the name of he corporation as such officer. / Il My Commission Expires : A. / A Notary Public ?-*il'"' "OFFICIAL SEAL' CindyA. R��`�e ; , u � {ri1r(Za 1411 *k____ NotaryNus is_ .r L,irrfa�o�:^ty FIR AMERICAN. TITLE INSURANCE �". M Comma,skin Ext;; .s 12/27/02 r C. P , a California Corp . - .- „cz " s r•stee (13,(L &__ e_e_,e D Asst T?=ce PrP s;r-nr eec re.:4- STATE OF ARIZONA ) COUNTY OF PIMA ) 1Wo&fe_ aur-cise- t ,-,A socd This instrument was acknowledged/before me this day of May, 2000 , by _ - 1 as ASST . _ of FIRST AMERICAN TITLE INSURANCE COMPANY and that as such officer, being authorized so to do, signed the name of the corporation as such officer. MY COMMISSION EXPIRES Ai j° ir "OFFICIAL SEAL - /`l `J ' ' ('-'(L 1 C) !4:-.,1*- Cindy A. Reicne / NOTARY P BL I C (4Notary Public-Arizona tti ' • Pima County li ris4 '• -4,. • My Commission Expires 12/27/02 , aw l--Q,c'- 5 EXHIBIT "A" Lots 11, 12 , 16 , 37 and 47-68 of COPPER RIDGE II , according to the plat of record in the office of the County Recorder of Pima County, Arizona, recorded in Book 52 of Maps, page 18 . 6 EXHIBIT "B" DECLARATION OF TRUST AND AFFIDAVIT FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, was employed to act in a Trustee capacity under its Trust No . 4794 and hereby declares that it has acquired title to various parcels of property in the name of Trust No. 4794 The beneficiary (beneficiaries) of said Trust No . 4794 is (are) : NAME ADDRESS INSIGHT INVESTMENT COMPANY 3561 E . Sunrise Drive #201 Tucson, Arizona 85718 Lots 11 , 12 , 16 , 37 and 47-68 of COPPER RIDGE II , according to the plat of record in the office of the County Recorder of Pima County, Arizona, recorded in Book 52 of Maps, page 18 . DATED this day of May , 2000 . FIRST RICAN TITLE INSURANCE COMPANY, AC,al ' rnia corpo tion r T By: Brigitte Eehaw-, Asst - - . 0- - STATE :-STATE OF ARIZONA) . Go(e_ @CiCc �2 ) ss : COUNTY OF PIMA ) 'WoSi e.ccC.-; Subscribed and sworn to me this b day of May, 2000 , by , Assistant - of FIRST AMERICAN TITLE INSURANCE COMPANY, a Califoenicarigation and that she as such officer, being authorized to do the foregoing g g instrument for the purpose therein contained by signing the name of the Corporation as Assistant Vice Pre ' dent by herself as such officer. A (-) 1+-7-kr -�'-1`� ` `�' NOTARY P L I C _� Y,_���� "kfgoLsEAu MY COI i .� Reiche .f+ NotaryPublic-Arizona r! Pma County M y Commission Expire 12/27/02 7 EXHIBIT "C" Subdivision Name : Copper Ridge II OV Case No. : OV 12-97-17B Trust No . 4794 The following improvements and conditions are made a part of the attached Substitute Assurance Agreement : 1 . Grading, paving and drainage improvements included in the approved improvement plans for this project , THE WLB GROUP Job No. 195004-A-001--0600/0700 2 . A public water system satisfactory to the Town of Oro Valley Water Company. 3 . A sanitary sewer system satisfactory to Pima County Wastewater Management . 4 . A telephone distribution system satisfactory to US West Communications . 5 . An electric distribution system satisfactory to Tucson Electric Power Company. 6 . Fire Hydrants and other fire appurtenances satisfactory to the Rural Metro Fire Department . 7 . A natural gas distribution system satisfactory to Southwest Gas Corporation (if gas is being utilized in the subdivision) . 8 . Utility trenches and civil appurtenances satisfactory to the using utilities . 9 . Installation of all street signs and street striping. 10 . The Professional Engineer of Record shall certify, in writing, that all improvements, whether private or public, have been constructed, placed, installed, etc . in substantial conformance with the approved plans for this development . Certifications, in writing, are to be received by the Town Engineer of the Town of Oro Valley prior to any request for building permits and/or final inspection and the release of assurances . 8 Exhibit "C" - Page 2 11 . The Soils Engineer of record or other Registered Professional Civil Engineer with expertise in the areas of soils engineering shall certify, in writing, that all materials utilized on this development are in conformance with the accepted plans and specifications . Certifications, in writing, are to be received by the Town of Oro Valley prior to the request for building permits and/or final inspection and release of assurances . 12 . The Soils Engineer of record or other Registered Professional Civil Engineer with expertise in the area of Soils Engineering shall certify, in writing, that all soils operations for this development were performed in accordance with the recommendations as set forth in the Soils Report and any amendments thereto, by Western Technologies, Job No . 2925JM127, dated March 28 , 1995 . Certification, in writing, is to be received by the Town Engineer of the Town of Oro Valley prior to the request for any building permits and/or final inspection and the release of assurances . 13 . As-built drawings shall be provided to the Town of Oro Valley Public Works Department prior to full release of assurances . 9 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: JUNE 7, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: Shirley Gay, Assurance Clerk SUBJECT: OV12-96-04B RAMS CANYON ESTATES LOTS 1-5 AND COMMON AREA A, COTTONWOOD PROPERTIES REQUESTS APPROVAL OF CONSTRUCTION BOND IN LIEU OF ASSURANCE AGREEMENT SUMMARY: Cottonwood Properties has purchased lots 1-5 and Common area A of Rams Canyon Estates. The construction cost estimate for completion of subdivision improvements (this includes the 120%) would be $20,820.00 RECOMMENDATIONS: Staff has no objections to this request. SUGGESTED MOTION: The Town Council may wish to consider the following motion: I move to approve OV 12-96-04B Rams Canyon Estates Lots 1-5 and Common area A, request to post bond in the amount of$20,820.00 in lieu of Third Party Trust. ATTACHMENTS: // j OtL 1 Planni:r d Zoning\Administrator -.1)/si Co 'ty Devl pment Director / " Town anager F:\individ\sag\assur\tccrel TOWN OF ORO VALLEY N. COUNCIL COMMUNICATION MEETING DATE: Junel,, 2000 TO: HONORABLE MAYOR& COUNCIL FROM: Shirley Gay, Assurance Clerk SUBJECT: OV12-97-8A VISTOSO RIDGE, SUBSTITUTE ASSURANCE AGREEMENT BETWEEN PULTE AND LAWYERS TITLE AS TRUSTEE OF VISTOSO RIDGE LOTS 36-121 AND COMMON AREAS A & B. SUMMARY: Pulte Homes has purchased Lots 36-121 of Vistoso Ridge and therefore request approval of a Substitute Assurance Agreement RECOMMENDATIONS: Staff has no objections to this request. SUGGESTED MOTION: The Town Council may wish to consider the following motion: I move to approve OV12-97-08A Vistoso Ridge Lots 36-121 and Common Area A and B Substitute Assurance Agreement. ATTACHMENTS: Substitute Assurance Agreement , - 6e,L. Pl. 1.1 1 , d Zoni Administrator / -J14/1J1-- &Z/IA- Cotz,(41 'ty Deve ment Director Town Manager F:\INDIVID\SAG\Tccrel.doc TOWN OF ORO VALLEY ASSURANCE AGREEMENT FOR COMPLETION OF SUBDIVISION IMPROVWENTS BY "ISS AGEMENT made and entered into the day of , 19 between P L 4 90 •t;•t. • ,an Ivachigan corporation, as Beneficiary under Trust No. . 7924-T (referred to in this Agreement as "Subdivider"); LAWYERS TITLE OF ARI ZONA, INC. , a Arizona corporation, as Trustee under Trust No. 7924-T (referred to in this Agreement as "Trustee"); and the TOWN OF ORO VALLEY, a municipal corporation, (referred to in this Agreement as "Town"), hereby cordinn. and agree as follows: 1.01 Trustee, pursuant to the land test agreement described in Exhibit "B" is the owner of a certain parcel of land described in Exhibit "A", which is located in the Town of Oro Valley, Pima County, Arizona. 1.02 The parties to this Agreement wish to establish specific terms, conditions and guidelines for compliance with the provisions of ARS Section 9463.01(C)(8) and Chapter 4, Article 4-9 of the Oro Valley Zoning Code Revised. - II AGREEMENT 1.03. In consideration of the Town approving a fmal..lAat for the property described in Exhibit "A", commonly referred to as Subdivision Name yissORTTX;F _ Lots 36 through]721_., and Common Areas A & B , Oro Valley Case No. 12--97-08. the Trustee and Subdivider specifically agree to all those conditions and requirements set forth herein. 2.01. Property Description: The property which is the subject matter of the Agreement is all that property described in Exhibit "A", which is annexed to and made a part of this Agreement. 2.02. Assurances. Pursuant to the requirements of ARS Section 9-463.01(0)(8), this Agreement is submitted as an assurance for the completion of subdivision improvements including streets, sewer, water, telephone, gas and electric utilities, drainage and flood control improvements and monuments and property corners as more fully described in Exhibit. "C" attached hereto and as required pursuant to applicable Federal, Statt, County and Town ordinances and regulations. These subdivision improvements are required by the Town of Oro Valley, the improvement standards of the Director of Water, Pima County Wastewater Management Department, the gas and electric utilities and State Statutes and regulations, which requirements are in effect on the date of execution of this Agreement. 2.03. LimitatioQn Transfer of Title. The Trustee shall not convey title to any of the property descried in Exhibit "A".without obtaining prior written approval from the Town in the form of a Release of Assurance signed by the Town Engineer. The Trustee may act in full faith and reliance upon the Release of Assurance. A Release of Assurance shall only be provided the Trustee by the Town upon satisfactory completion and formal acceptance by the Town of the required improvements. The Trustee's only duty under this Agreement is not to convey without first obtaining a Release of ASSUranCes. See attached page for continuation of 2.03 2.04, contracts for Sale. The limitation on the conveyance of title contained in paragraph 2.03 notwithstanding, the Trustee may enter mato contracts for sale of the property described in .Exhibit "A", provided such contracts clearly state that the conveyance of title to the property is subject to the thuitations contained in this Agreement. The Trustee shall, prior to e into such contracts for sale, provide the Town with acoF y of the form of contract containing the disclosure of limitation on the power to convey. 2.05. Sales. The limitation on the conveyance of title contained in paragraph 2.03 notwithstanding, the Trustee may sell and convey all of the property described in Exhibit "A" in one taction to a single purchaser, provided that the purchaser shall, prior to conveyance, have submitted to the Town satisfactory assurances for the completion of the required improvements. 2.06. Conveyance QuIsfirust for the Purpose of loe. The limitation on the conveyance of title contained in paragraph 2.03 notwithstanding, the Trustee may convey all or part of the property described in Exhibit "A' to the Subdivider or Beneficiary of the Trust solely for the purpose of encumbering the property by the recanting of mortgages or deeds of trust, provided the property is thereafter immediately reconveyed into the Trust. 2-07. Completion of Iin vernents. The required improvements shall be completed within two (2) years of the date that the Town Council woved the final plat. This period for completion of improvements may be extended subject to Town Council approval and applicable Town ordinances where Subdivider is prevented from completing the improvements by act of God, strife or similar event or circumstances beyond its control or when such extension is determined to be reasonable and prudent by tbe Town Council. Any such extension granted shall not exceed one (1) year. 2 Continuation of 2.03: Although not included in the required improvements listed on Exhibit "C" and although the completion thereof is not assured by the Agreement, Subdivider and Trustee agree that until completion of the construction of Moore Road from Eagle View Drive to Piping Rock Road in accordance with plans approved by the Town, the Town shall not be required to issue the Release of Assurance described in the first sentence of this paragraph. 2.08. Substitution of Assurances. At any time duringthe period described above In paragraph 2.07 for the completion of rovements , if such time for completion of the required improvements has been extended bysubsequent cru ut ag7reenre nt of the parties, at any time on or before such extended date for the completion of improvements), Subdivider or Trustee may offer substitute assurances. Such assurances shall be in a form and amount acceptable to the Town and shall be subject toreview a � tand approval by the Oro Valley Town Cotil. 2.09. Inspection and Accep i _rovements. The inspection Town may provide for the tion of the required improVements to insure satisfactorycompletion.completion. The Town will not accept dedication of the required improvements, nor release, in whole or in part, any property subject to the Agreement until the improvements have been satisfactorily completed and accepted by the Town Engineer. 2.10. partial Release o As _s The Town may provide the Trustee with a Release of Assurance for a portion of the lots created by the subdivision�vYsion plat attached as Exhibit "A", provided that all of the improvements required in connection with th such lots have been satisfactorily completed and accepted � by the PTown and provided further that such improvements can be used and, maintained separately of the forsubdivision p y improvements required the entire subdivision plat. For example, temporary cul-de-sacs p P should be provided for incomplete streets; Water, sewer, gas, telephone and electric _ ep citric should be capable o f independent operation; and adequate access for public safety vehtc1es should he provided. 2.11. Failure to Complete hnimpvements. In the event that Subdivider fails to complete the required improvements within theperiodprovided ina • . . paragraph 2.07 above, the parties agree that the Town may initiate arocess to re- - p re-plat that portion or portions of the property described in Exhibit "A" for which the improvements ems have not been satisfactorily completed. The purpose of suchlat initiated p by the Town will be to return the property to approximately the same boundaryconfigurations existing gu �of record befame recording of the subdivision plat descr`bed in Exhibit n Prior to initiating any action to re-plat the portion z�i P p on of property for which improvements have not been completed, the Town shallrovide p the Trustee and Subdivider withthirty (30) days written notice of intent�eut to re-plat. Thenotification shall be sent by first class ma., shall be deemed received uponmailing ag and shall be sent to the following addresses: 5255 E. Williams Circle 7493 N.. Oracle Suite 1050 Suite 115 Tiilcson, AZ 85 711 Tucson, AZ 85704 Trustee Subdivider 3 Sep 02 33 10: 17a Community Development o�u lac 'Lice Nem The Trustee and Subdivider, as record owner and subdivider, respectively, agree chat they will execute such plat returning relevant portions of theroPe� to approximately P PP the same boundary configuration of record existing before recording of theP lat described in Exhibit "A". The parties hereto have executed this Agreement this , day of 19 . TOWN OF ORO VALLEY a municipal corporation MAYOR COUNTERSIGNED: As Town Clerk and not personally APPROVED AS TO FORM this day of , 19_. DAN DUDLEY, Town Attorney DEVELOPER/SUB DIVIDER: PUL`1'E HOME CORPORATION, a Michigan Corporation BY: AS: AW A) i;‘) STATE OF ARIZONA) ) ss COUNTY OF PIMA ) This trument m nt wa acknowled ed before me this day of , by A6, A) • i as .r- ' . . .c r b f - #t.) NOTARY PUBLIC <-0// 0 3 My commission expires OFFlClAL SEAL ;�► PAIJL.,q MEADE A_�' �" Notary v ' Public-got Arizona UNTY 4 my Comm.Expires Oct.14,2003 • .f 1" TRUSTEE: Lawyers Title of Arizona,Inc., an .Ana Co poration as tee under 7924-T ,ti alet rS^•iii B Joyce M. Rodd; Asst. ce President STATE OF ARIZONA) COUNTY OF PIMA ) ' may This ins t was acknowledged before me this g _ day of = ►2004 ,.- by Joyce M. Rodda as Asst. Vice Pres. of Lawyers Title of Arizona, Inc. an Az.4 Corp. , ache act of= corn . ,as OFFICIAL SEAL / .1 / ��� NANCY L. W1LLBRANDT Lilt- : - . r..;�- :,���`` � PI7ELIC ;,. :.. ,i�• ;1:1 r RY PUBLIC-ARIZONA �T , MyCommiuion Expires EXHIBIT "C" Subdivision Name : VISTOSO RIDGE OV Case No. : OV12-97-8 Trust NO. : 7924-T The following improvements and conditions are made a part of the attached Assurance Agreement: 1. Paving of the streets included in Vistoso Ridge Street Plan OV12-97-8 for 1 nt s 19-128 and the south half right-of-way for that portion of Moore Road from Piping Rock Road westerly to the west boundary of lot 39. 2. A public water system satisfactory to the Oro Valley Water CanPanY• 3. A sanitary sewer system satisfactory to Pima County Wastewater Management. 4. A telephone distribution system satisfactory to US West Communications. 5. An electric distribution system satisfactory to Tucson Electric Power Company. 6. Fire Hydrants and other fire appurtenances satisfactory to the Golder Ranch. Fire Department. 7. A natural gas distribution system satisfactory to Southwest Gas Corporation (if gas is being utilized in the subdivision) . 8. Utility trenches and civil appurtenances satisfactory to the using utilities. 9. Installation of all street signs and street striping. 10. The Professional Engineer of Record shall certify, in writing, that all irrproverrents, whether private or public, have been constructed, placed, installed, etc. in substantial conformance \ with the approved plans for this development. Certifications, in writing, are to be received by the Town Engineer of the Ton of Oro Valley prior to any request for building permits and/or final inspection and the release of assurances. Exhibit "C" - page 2 11. The Soils Engineer of record or other Registered Profesional CivilEngineer ineer with expertise in the areas of soils engineering in writing, that all materials utilized on this shall certify, � plans and development are in conf ortnance with the accepted , •a��• in writing, are to be received specif ications. Certifications,, prior the Town of Oro Valley to the request for building permits and/or final inspection and release of assurances. Engineer of Record or other Registered Professional 12. The Soils CivilEngineer with expertise in the area of Soils Engineering in writing, that all soils operations for this shall certify, g in . t were ormed accordance with the recommendations development pew as set forth in the Soils Investigation and any is thereto, by Pattison-Evanoff , Job Nb. 97-118 , dated June 25 , 19_9J• Certification, in writing, is to be received by the Town Engineer of the Town of Oro Valley prior to the request for any building permits and/or final inspection and the release of assurances. 13. As-built drawings s shall be provided to the Town of Oro Valley Public Works Department prior to full release of assurances. TOWN OF ORO VALLEY �+ COUNCIL COMMUNICATION MEETING DATE: June 7, 2000 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: PRESENTATION OF AWARDS FOR THE SPRING 2000 SEMESTER OF THE LEARNING EXCELLENCE AND PARENTING (LEAP) PROGRAM AT CANYON DEL ORO HIGH SCHOOL SUMMARY: LEAP joins parent, community and school to encourage and support CDO students who accept the challenge to improve specific academic performance of their own choosing as well as attendance and study habits while maintaining current levels in other subjects. Parents, guardians and students have been invited to attend the Council meeting. The following CDO students will be presented with Certificates of Achievement signed by the Town of Oro Valley Mayor Paul H. Loomis and CDO Principal Richard Evers and a $50 gift certificate jointly provided by the Town of Oro Valley and the Foothills Mall. Richard Ballesteros Ryan Hoban George Boulware Stephanie Houston Kristan Earwood Kevin Krauss Mark Griebel William Langston Elliott Hickey Michael Sepulveda it.,t own Mana•er 3, TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 7, 2000 TO: HONORABLE MAYOR& COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Consideration and Possible Approval of Appointments to the Budget and Bond Committee SUMMARY: The item you have before you is to appoint three members to the Budget and Bond Committee. The terms of two members will expire on June 30 and one vacancy exists due to a resignation. Councilmember LaSala and the Finance Director interviewed a total of eight applicants on the evenings of May 15 and 18. After careful consideration, the following citizens are recommended to fill the three positions: Mr. Jim Swan Mr. Tom Polley Mr. Bob Schlichting ATTACHMENTS: 1. Applications and related materials for Msrs. Swan, Polley and Schlichting. SUGGESTED MOTION: I move to appoint the recommended appointments to the Town of Oro Valley Budget and Bond Committee. or I move to . . . 4A-ta;42. David L. Andrews Finance Director gitait i II Chuck Swee Town Manager , ;.v yj J e �a it •.a 1 4-,A = Acs A _ A."'41----1114111-"'-'."-' ORO VALLEY BOARD/COMMISSION APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. Enclosed is an informational form which when corn* will allow us to quickly process your application. While the information asked for is optional, your supplying the information will greatly assist in an understand: of education, experience and background to allow the best possible use of your talents which willing to provide to the Town of Oro Valley and for which we thank you. Please return to the Town Clerk's Office, 11,000 North La Canada Drive, Oro Valley, Arizona 85737. Name a1,1 _� _ Last First Middle Address �� 2 o = -,. . Home � Business Address /V// 1 Home Phone Business Phone \ Number of Years in Oro Valley 7 — z po / 3 c Signature /� Date Please state which board/commission you wish to join and why. - - s - C}0 vk w Please list other community, civic, professional, social, educational,cultural or athletic organizations you have ix affiliated with, length of time, any office held. and any achievements in those organizationsyou feel 8 noteworthyto R.,‘..4 e ; o A Tom- �n 5) , C L r t Z tirc. N 1-N s - , T,, t )4'1VU S 111 b =/N 4.1)c- I `t o v Nc I L k .1 Z /v ;;13 � Lv�/ �- N! 7 � a A (, ‘i s 1 () k 7.Q (-711C, a1.5 S } et, r ) rax. SStc .� c M�zs CoQp.37 c oNc 0ncc -� D 1 L!1 ` • '�/ s ��• A �_.- r A rL' lacy<<e ,Cu)4 A ) 'Y. I. \ � M , 0 • 5 1:A Ccv �« S 7 * CN At mJ 25) What do you consider your highest responsibility, skill or achievement: professionally and/or personally, and wh\ r 2 s t V a L:'f'4 1:1V i-1 LA. '44 \ J�� ? c• CraeAr C)41 ,7 t''1'c 0,i : !�c a a ; i.i j� 1" ALC �;" 7 ' <aZ G !1 i ,� �3L� sr - 1/r � Z� r,. • LC 1 / '� . ti S L i-i a►1r�..��, ' .-.- ZL 5 7c, '� p)`C t' S`a a CN .2 - 7Vt N N L it.. EMPLOYMENT Please list previous employment. List your past or present employment first: Dates of Employment company Name& Addre 1. c5 Tciitut [ XII= �. C ,z £iH r;r-, I - I i1 -77 iV nvAiALl4tn-, c /7r „ i /4' 1 ZL3f c.. 1 �I?�•.. �iV , 4. t t. 19� 1 • -- l AUTNCh 5. (List Position&Job Description in numbered order as listed above) • Q AL r CO 77-0-0 , l Ne ft • •�. 5��.�ti S/Les rv) 7 / A,414 � �3vt1. ..►:� -7, �� nt � � �-r' Ccs 111 f 3, 'RojQcT 1-,U t.-rt C%—/A >v M t 4. j� � �N •5 %i l- � r3t Ll, i 0 N o f irc ar - c 7 -t.cf,Z4rP : Co N Y` •t f) ,4 9 �, V.., n �1t p t o "C,P4744t tbsa C ,`' _ tf a - r, . �r1-Mev+i �L a .4-c. Q. M 1 0 ZAT 1 vd ti s 5 Li C cis !7/Liv.4 ftc f 1'?vAtbiL i 1.?S st/Nr+ A gL NL1C 5 EDUCATION Briefly describe your educational background: Institution/School Degree Received 1. ' 2 r1-1 w t_5 c�iz s) U,� q . i - t�• S . ►�v S. . 3. I 4. 1 Area of Study in numbered order as listed above: Other fields of study, professional institutes, training program, etc: /Z o c Prz tvAr t: c. 4, 5 e.-7 it/ ") IF DESIRED, FURTHER INFORMATION MAY BE ATTACHED 3 April 7, 2000 �=Q :.'`''�N;�� .`,_ TOV Cown Clerk's Office 11000 N. La Canada Drive Oro Valley, AZ 85737 Dear Sir/Madam, This letter is in response for your request for volunteers for the Oro Valley budget/bond committee. I just recently completed a 46-year work career, the last six of which were spent as treasurer of a publicly-traded men's clothing company. Prior to that I was chief financial officer in various industries specializing in workout situations which, in turn was preceded by 15 year career in public accounting including an international assignment. My experience includes real estate construction and management, retailing, manufacturing and charitable organizations and I have supervised human resources, employee benefits, management information services, warehousing and security. A current CPA (Texas) with excellent references, I can be reached at , Oro Valley, AZ 85737-6659 or ema at {ours truly, -(174./C1 J Tom Polley - 1 - l.'��•� a • ,. � r ,;til +�,;�:�r . - r‘v 17'!,313 Pm 1:53 IOU ts.%.r'4. :='1: IT-7,4 OTHER 4 4 As 11C-‘"41 .5----�-- -•-- 4 ORO VALLEY BOARD/CONEVIISSION APPLICATION "iJNO Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. Enclosed is an informational form which when complete( will allow us to quickly process your application. While the information asked for is optional, your supplying the information will greatly assist in an understandin: of education, experience and background to allow the best possible use of your talents which you are so kindl, willing to provide to the Town of Oro Valley and for which we thank you. Please return to the Town Clerk's Office, 11,000 North La Canada Drive, Oro Valley, Arizona 85737. Name o t.. t..i -17;PA. Last First Middle Home Address • Business Address Home Phone Business Phone Number of Years in Oro Valley 5;N, r-Y '-7‘, 67-* I lO Signature Date Please state which board/commission you wish to join and why. • t 7 Please list other community, civic, professional, social, educational, cultural or athletic organizations you have bee affiliated with, length of time, any office held, and any achievements in those organizations you feel al noteworthy. nccb:-. rAo-tire�,� �� v 1 In. i v 1v ct f415-1:xl:/ 't c- t`i75 81'.."4) tb- !') \filLuLy Av./6.-m .Hisw (7-c..zalk) 7-5--firy rtrn i G,A'1,I f)'1 ri t trTti• 4 y" Pte )4 1 w51.rLitL' /' 77- 14 k 4. •Area of Study in numbered order as listed above: C 1,11 1 V,4 ,t,; t✓ Act,Z*,.:Nriivbf Other fields of study, professional institutes, training program. etc: ,i c; ! t; � YA rt,rt, ll.; t* ' ) y `,'4 i C' ,u / ••`` L ` Q 1) ��1�y�V V� �IJ�y�1 N�lF`S IF DESIRED, FURTHER INFORMATION MAY BE Arr CHED 1 3 What do you consider your highest responsibility, skill or achievement: professionally and/or personally, and why kfiggk- i►- • -L'�Z )' C i 1.�i, c4.. ke 01 t#} v 1 t"�-a * �> L r A,\,i2 4 ;I-,t-,NI k By (Jr' c LN-;'z 1)e' 1) j Tv gigiv z tt „D EMPLOYMENT Please list previous employment. List your past or present employment first: r i'r;,t, ' nn 4lr&1-L; i g L' ig,11'7 , ill 4,13 Nom)z. = nil,--Y •u-:),-4443 c V 2e I E.74Y-S 4 s i "4i•fes,e,at Ci;---P1 e-q, Dates of Employment company Name& Addres 1. it)4,1 - i Tga s. .4. ,,�hl ry/6=r s -�•�,,�,P nom, , rn D C- w 3 at, • c-3 • . r%) )11/Y•V47P1 4. 0:4136 - K(40-fri).0 Ce e RA-71 0.:1 triAyar 5. k 4i,e 3 - 1 (141' d ?ft•Cir '�Av/-i, NyL, D 4ti.4i Ltd U 1 ,Mr/4 ((WI -- t S C� U&C'4 �ti�2 c,�r I;k13 ek �aVJ, (List Position&Job Description in numbered order as listed above) 7, S-; l j l -045,7.0,„;, C c enkike_ A L&t iJ o OR (;b:,4,45-,45- ry Qw 012071)41 , Dik tA , •u t , (c ortAiv1Q.e fk.Lot, PesPevq.),3Lir rei2, Tr'N 9,1rIVerrin_ /et-4Z,T► 7_ Li:- \A/ Q.Ke 1'rt)-r r J- L,3 )o 1.1 � • f ki 6 r 1Fr'tiZ'a,• 6 f - C A,*, 06-;44i c#-- '. i r/4 eet/tevinat-f--, Cep' t LGN , ►•L.,u-s,C '` CAi -I 6- %A t •• L. 'Jj�.- �i N 14'14/La: EDUCATION Briefly describe your educational background: Institution/School Degree Received 1. 'N i -04 -rosf [3. 5, 2. (•i oe;1) 1 lI1Iif7 . 3. • TC FRIZZELL, ESTABLISHED 1914 SENKERIK COMPANY, P.C. CERTIFIED PUBLIC ACCOUNTANTS JUDITH A. ROBISON. C.P.A. PAUL D. ADDINGTON. C.P.A. SUITE 703. CAMPBELL OFFICE PLAZA ROBERT J. SCHLICHTING. C.P.A. 3497 NORTH CAMPBELL AVENUE TUCSON, ARIZONA 85719 PHONE: (520)323-1040 • FAX (520) 325-4329 THOMAS M. SENKERIK, C.P.A. FSCO @ FSCOCPAS.COM CONSULTANT April 5, 2000 Bart Rodman Chairman-O V Budget& Board Committee 11000 N. La Canada Drive Oro Valley, AZ 85737 Dear Bart: I understand that you have an opening on your Budget and Board Committee. I would be interested in serving on this committee. My qualifications are as follows: • Resident of Oro Valley since 1994. • Employed as a CPA and Partner in the firm of Frizzell, Senkerik & Company, P.C. • Have been employed in public accounting since college graduation, close to twenty years. • Treasurer of the Oro Valley Rotary Club. Please consider me for this committee. You can contact me at my business telephone number which is 323-1040. Very truly yours, frer(.? Robert Schlichting %1EMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES AND SEC PRACTICE SECTIONS ARIZONA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS ,41 0 / TOWN OF ORO VALLEY 11000 N. LA CANADA DRIVE ►. ORO VALLEY. ARIZONA 85737 11. Administrative Offices 1520)297-2591 Fax(520)297-0428 WWW.ci.oro-vailev.az.us UN DEC April 13, 2000 Mr. Robert Schlichting C/O Frizzell. Senkerik & Company, P.C. Campbell Office Plaza 5497 N. Campbell Ave. Ste 703 Tucson, AZ 85719 Dear Mr. Schlichting: Thank you for your interest in the Town of Oro Valley's Budget and Bond Committee. I have enclosed an application for our Boards and Commissions. Please complete the application and return it in the enclosed envelope so we can forward it to the Town Council for their consideration. Again, thank you for your interest. Sincerely, Roxana Garrity Deputy Town Clerk Enc TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 7,2000 TO: HONORABLE MAYOR & COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Consideration and Possible Approval of Appointment to the Town of Oro Valley Municipal Property Corporation Board of Directors SUMMARY: On November 15, 1995 the Town Council approved Resolution No. (R)95-52 which authorized the formation of the Town of Oro Valley Municipal Property Corporation (MPC). The corporation consists of a three member board of directors and was created to serve as a financing mechanism for the issuance of tax exempt municipal securities to fund capital projects. On May 22, the Town Manager and Finance Director interviewed Mr. Bob Horn to possibly fill the vacancy of one seat on the Board. Mr. Horn's letter of interest and résumé are included as attachments to this communication. ATTACHMENTS: 1. Letter of Interest from Mr. Bob Horn 2. Résumé—Mr. Bob Horn SUGGESTED MOTION: I move to approve the appointment of Mr. Bob Horn to the Town of Oro Valley Municipal Property Corporation Board of Directors. or I move to . . . 2.771.,tid David L. Andrews Finance Director Oki Chuck Sweet Town Manager May 22, 2000 Mr. Chuck Sweet Town Manager Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 Dear Mr. Sweet, Thank you for the opportunity to meet with you and David Andrews regarding the vacant position on the Town of Oro Valley Municipal Property Corporation Board. I am honored to be considered for this position and submit this letter to indicate my interest in becoming a part of this important entity. 1 have been a resident of Oro Valley, and homeowner, since February of 1998. I serve as President of the Home Owners' Association Board for Eagles Bluff- Canada Hills #14. Professionally, I am a Small Business Advisor for the Small Business Development Center at Pima Community College. My work involves evaluating our client businesses and assisting them in developing financing strategies and making prudent decisions regarding their businesses. I provided you with a resume of my experience during our discussion today. Should you have any questions regarding my abilities, please feel free to contact me. Again, thank you for your time and courtesy. Respectfully, lat :ob Hom 11149 N. Sand Pointe Drive Oro Valley, Arizona 85737 520-219-4579 . BOB HORN Tucson, Arizona 85737 rr •r. r. : .ti. .q. rC '.Y. { r`.' 't r y �I4 'r. '.1 i r•,r}r. � rS. r}r., •I w:'(i v•r• "r: 'iS r r '?:'_ }.. Ctii{:r, v.{rv. .'K•.,}"i•:•:1.r:rk+.::' trr:;{.. .tv; r�r.ti:r'rt .{r .;.fr`..rL:ti:•,r'.•r:•: •.r St ti'i. vY•• ` i ti, r '�. .� .t r.:: .r. •r.. Z •.:. t :n•:::}.'t.L :�•' ..:r:rv�' :•.r•} {•. Lr•r rrtr. f.• .r.. r '.{r .�. , .rr •{.,;?�• •:C.:. :r r{• .!. +•?. •< i• .., '4"tt•.• h ''t Yry. 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X- ,r:•:. 5�%r.`r;r�.�r7 f r.r.r• •!,:. r... .r.4: -•r,Y;r•r: .. SUMMARY: An accomplished business development professional with proven organizational, promotional, and technical skills. My career is focused on helping businesses and organizations to grow using prudent marketing strategies and effective business procedures. Have guided several firms through successful startup, restructuring and/or profit turnaround. Experience includes computer technology and the Internet, advertising, marketing, communications, and publishing. Have worked with professional and retail firms, as well as school districts, communities, and social service agencies in the areas of public relations, planning, and technology infrastructure. Possess significant experience in printing, direct mail promotions, business image enhancement, and marketing consulting EDUCATION: UNIVERSITY OF WISCONSIN -Milwaukee arid,-,Madison Ca houses - B.B.A. - Marketing ADDITIONAL TRAINING: Dale Carnegie Leadership Training for Managers- 1994. TQM/Continuous Improvement Training- 1994. Various Management Seminars (Time Management, Coaching, etc.) PROFESSIONAL EXPERIENCE: 4-98 to Present PIMA COMMUNITY COLLEGE-SMALL BUSINESS DEVP.OPMENT CENTER-Tucson,Arizona Small Business Advisor - Serve as a full-time lead counselor for the SBDC. Primary responsibilities include business evaluation and counseling for scores of clients, reporting, and representation of the SBDC and Pima College at seminars and community business events. Provide marketing, business planning, loan preparation, and financial advisory assistance. Prior PRINT& MAIL ADVERTISING„INC. -Madison,Wisconsin Experience VP - Sales and Marketing - Joined this 26 year old firm as a consultant to restructure its systems and procedures. 1997 revenues were 40% above 1996. Secured new technology (ink jet, Internet, etc.). Implemented new pricing strategies and initiated setup fees. Developed business and marketing plans as well as projections. Implemented cost containment measures. Developed a production control system and improved plant layout. TerraCom, INC. -Madison,Wisconsin Marketing/Account Manager-Expanded revenues through the development of new markets for this full-service Internet Service Provider. Emphasis was placed on offering comprehensive Web access, Website development, training, and equipment to businesses. DANEnet(DCCIP,INC.)-Madison.Wisconsin Executive Director - Appointed to this position after serving as the Marketing Consultant to launch the Dane County community information network (DANEnet), which was one of two Wisconsin pilot projects initiated within the University of Wisconsin-Extension. MAGNA PUBLICATIONS.INC. -Madison.Wisconsin Production Division Manager - Promoted to this position, after serving as Marketing Director, to manage the graphics, print buying, and computer networking functions. Print budget exceeded $400,000 per year. Cut job processing time in half and increased accuracy. Greatly improved mailing systems and costs. Effectively managed a large vendor pool. E P OYED WITHIN THE COMPUTER •FTWARE INDUSTRY-Madison Wsc• sin Director of Marketing-Responsible for the marketing, advertising, and sales of sophisticated vertical market and accounting software. Received awards for sales, promotions, and packaging designs. EMPLOYED WITHIN THE ADVERTISING INDUSTRY-Colorado Springs, Colorado Owner / Consultant / Sales Manager / Account Executive - Expanded the revenues of numerous professional and retail firms. Used all media with an emphasis on print and mail. REFERENCES:Provided upon request. S•ecial Achievements Advocac Networkin• Etc. --- Bob Horn • Received an Outstanding Service Award from the Arizona Small Business Association for 1999. • Was featured in an article about the work of the Small Business Development Center in the MoneyPlus section of the Arizona Daily Star. • Attended the national conference for the American Small Business Development Centers in 1999 - San Diego, California. • Directly involved in the selection, indoctrination, and coaching of applicants for the 8th and 9th Arizona Venture Capital Conferences. • Actively participate in the design, setup, and staffing of public exhibits for our SBDC at events such as business and technology expositions. • Maintain proactive relationships with economic development organizations, community-based agencies, business and industry groups and associations, and, educational and government departments. • Present topical information to chambers of commerce and business groups regarding business challenges as well as the programs and services of the SBDC. • Work closely with student interns (from the University of Arizona School of Business) to introduce them to real business situations and the resources available to support small business success. We typically have 2 interns per semester. • Was directly involved in a program to demonstrate how the SBDC provides services to clients for a group of businesspeople from Moldova (former Soviet Union). Worked with them in the office and in the field over a period of three weeks. • Presented a program detailing the structure and function of small businesses to a group from Buratia (Siberia). • Have published several business advice articles in local newsletters. • Teach a non-credit Marketing course for Pima College. • Participated in the coordination of statewide videoconferences. • Member of advisory committees for several organizations. Education: BBA Degree in Marketing Dale Carnegie Leadership Training for Managers TQM - Total Quality Management Training Understanding Accounting - UW School of Business "Coaching" for Managers Time Management Managing Multiple Projects Paradox Data Base Training Word Perfect Office Training Lotus 123 Training Great Plains Accounting Software Training Ronstadt Software Training Participated in a wide variety of seminars and workshops Business Experience: • Owned a Business and Advertising Consulting firm to counsel a wide variety of businesses in the areas of marketing and expansion (2 years) • Participated as an employee or consultant in 7 business start-ups • Spent 8 years in Executive Search and Placement - national exposure • Managed marketing and print production for a national publisher • Developed successful sales strategies for local and national firms • Hired and trained sales and administrative staff in several firms • Created promotional and packaging design for computer software • Wrote copy for documentation, warrantees, advertising, and manuals • Have designed numerous logos for commercial firms and non-profits • Have marketed tax, accounting, retail, and property mgmt. software • Have a good working knowledge of the Internet, the World Wide Web, and related aspects including structure, html, search engines, links, and the value of these tools to businesses and organizations Community Involvement: • Did the marketing for a public roll-out of a community information network in Madison, WI (DANEnet), a pilot project of the UW-Extension • Success of the above effort resulted in my being appointed Executive Director to implement the concept which included the initial introduction of the JobNet database for the Dept. of Workforce Development, as well as the C4DANE Career Counseling Center initiative in Dane County, WI high schools • Participated as an advisor and committee member, for several years, with Education For Employment and School-To-Work programs. Designed the logo and wrote articles for the "E4E Today" newsletter • Was involved in community and economic development projects with Mr. Dennis Domack, an internationally known economic development agent for UW-Extension. He was a key figure in DANEnet, "EXPRESS", and Education For Employment in Dane County, WI. • Worked with UW-Extension to develop "EXPRESS", a project to connect all Extension offices in Wisconsin's 72 counties - acquired over $60,000 worth of computer hardware, software, and service donations • Member of the Planning and Public Relations committees for Partners in Prevention, a 5-year federally funded substance abuse prevention initiative --- designed the logo for the Madison group, one of 254 in US • Member of the Marketing Education Advisory Board of Monona Grove High School since 1988. Was honored as a friend of Wisconsin DECA in 1992. Prepared students for regional and state competition. Acted as a DECA judge for 10 years. • Have delivered presentations on job interviewing, marketing, and Internet-related topics at Community Colleges and high schools. • Currently a member of the American Lung Association of Arizona marketing advisory committee • Member of the Advisory Board for the Comprehensive Cancer Center at the UW Hospital and Clinics • Designed the logo for the Monona, Wisconsin Chamber of Commerce as a mentor to a Monona Grove High School student - he received a cash award from Wisconsin Bell Telephone Company. TOWN OF ORO VALLEY 5, COUNCIL COMMUNICATION MEETING DATE: June 7, 2000 TO: HONORABLE MAYOR& COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: PUBLIC HEARING — APPROVAL OF APPLICATION OF SERIES 12 (RESTAURANT) LIQUOR LICENSE — CIEN ANOS-MEXICAN GRILL, LOCATED AT 10325 N. LA CANADA DRIVE SUMMARY: An application by Mr. Santiago Woolfolk has been submitted for a Series 12 Restaurant Liquor License at Cien Anos-Mexican Grill that is currently under construction at 10325 N. La Canada Drive. In accordance with Section 4-201 of the Arizona Revised Statutes, the application was posted for 20 days commencing May 2, 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 applicant. He has found no derogatory information on the applicant; therefore, he has no objections to the approval of the Series 12 Liquor Acense. 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. Santiago Woolfolk at the Cien Anos-Mexican Grill located at 10325 N. La Canada Drive. A C De•. ent Head • • anager • i dA AP 0 • POLKA 7 V(' 11000 N. La Canada Dr. —��=•� �/ Y� p Oro Valle Arizona 85737 DANIEL G. SHARP, Chief of Police Ai Phone (520) 742-5474 FAX(520) 797-2616 `' A UND E O ORO VALLEY POLICE DEPARTMENT "INTEGRITY, PRIDE, EXCELLENCE" To: Kathryn Cuvelier, Town Clerk FROM: . 1 aniel G. Sharp, Chief of Police RE: Background Investigation For Liquor License Cien Anos, Inc. Cien Anos-Mexican Grill 10325 N. La Canada Dr. Date: May 19, 2000 On 05/19/2000, the Oro Valley Police Department completed the standard background check on Cien Anos, Inc., and principals, Santiago Rafael Woolfolk, Luisa Dolores Martins-Alvirez, and Rafael Francisco Martinez. 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. The Oro Valley Police Department has no objections to the application for Liquor License by Cien Anos Mexican Grill. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL ,10,114,4 di.:iniiii'�' 400 W Congress #150 800 W Washington 5th Floor' ..�:,, , Phoenix AZ � f ;.� Tucson AZ 85701-1352 ^(602) 542-5141 **�. (520) 628-6595 lf�t:Jl 1.,-'3 2 b ,..._, t, 3 5 I r r _ APPLICATION FOR LIQUOR LICENSE 1- Dr-PT I r~ - �• f�� �.0 L , TYPE OR PRINT WITH BLACK INK Notice: Effective Nov. 1,1997,All Owners,Agents,Partners,Stockholders,Officers,or Managers actively involved in the day to day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a: SECTIO2 Type of ownership: ❑INTERIM PERMIT Complete Section 5 0 J.T.W.R.O.S. Complete Section 6 ®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 2,3,4,11,13,15, 16,17 21 CORPORATION Complete Section 7 ❑ LOCATION TRANSFER(Bars and Liquor Stores ONLY) 0 LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2,3,4, 12, 13,15, 16,17 0 CLUB Complete Section 8 0 PROBATE/WILL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Complete Section 10 Complete Sections 2,3,4,9, 13,15, 17(fee not required) ❑TRUST Complete Section 6 ❑GOVERNMENT Complete Sections 2,3,4, 10, 13, 15,16, 17 0 OTHER Explain SECTION 3 Type of license and fees: LICENSE#: - 3337/1-1 03Y3,-/7 1. Type of License: QZEs T A O a A so T 2.Total fees attached: $_ 5, / 7-2-•00 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) ze 3 65/f7 © 1. Applicant/Agent's Name:Ms. LA)0 CL i=O L SAA/T/4 G O g (Insert one name ONLY to appear on license) Last First Middle 2. Corp.Partnership/L.L.C.: C t E ) ,4Zito s T A.)c . /6lG' a VO.32 (Exactly as it appears on Articles of Inc.or Articles of Org.) 3. Business Name: ClE-v •4zdS - ,�e x/ca,..) ‘ 2 lc.1- /04.74/036 (Exactly as it appears on the exterior of premises) 4. Business Address: /CI 3 7..: AJ. t,464Z 4 u 4 2)K f=f (A YS 7 31 (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: ( ) xiD'. Residence Phone: ( . . 6. Is the business located within the incorporated limits of the above Tc/CS 04) A Z kS 7/L City State Zip 8. Enter the amount paid for a 06,07,or 09 license: $ . (Price of License ONLY) DEPARTMENT USE ONLY Accepted by: C ../52, --- Date: /A d Lic.# / I(J _ __32 Fees: /C3 o 7c,2 $ 731'..: Application Interim Permit Agent Change Club F. Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 94)DAYS,AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING 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. • SECTION 5 Interim Permit: 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 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 r 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 EAC CARD. 1. Individual: • Last First Middle %Owned Residence Address City State Zip Partnership Name:(Only the first partner listed will appear on license) General-Limited Last First Middle %Owned Residence Address City State Zip ❑ ❑ %a ❑ ❑ % ❑ ❑ %a ❑ ❑ %� (ATTACH ADDITIONAL SHEET IF NECESSARY) 2. Is any person,other than the above,going to 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 E. CARD. El CORPORATION Complete questions 1,2,3,5, 6, 7,S. ❑ L.L.C. Complete questions 1,2,4,5,6, 7 and attach copy of Articles of Org.and Operation Agreement. 1. Name of Corporation/L.L.C.: C/c--t) 4 A a s z)C. (Exactly as it appears on Articles of Inc.or Articles of Org.) 2. Date Incorporated/Organized: 3-3- ZC Oc) State where Incorporated/Organized: A tz'2,04)44 3. AZ Corporation Commission File No.: O ,41°-S Date authorized to do business in AZ: J-3- ?QOD 4. AZ L.L.C.File No: Date authorized to do business in AZ: 5. Is Corp./L.L.C.non-profit? ❑ 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 Tap WOocFro c.cc SAS-7-44 0 k2._ A.a�,z �Q�-s- . —v(S A a. es 7 J (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10%or more: Last First Middle %Owned Residence Address City State Zip tZ-4 17=4 Tv�sa z Jr 7 f L (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 EA( 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 0 NO If yes,give IRS tax exempt number: 3. List officer and directors: Last First Middle Title Residence Address City State Zip • (ATTACH ADDITIONAL SI IEET IF NECESSARY) 3 SECTION 9 Probate, Assignment or Divorce Decree of an existing Bar or Liquor Store: Will t. 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 Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCI 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 as it appears on license) Last First Middle (Indiv.,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? L7 YES 0 NO 8. Does the applicant intend to operate the business while this application is pending? 0 YES ElNO If yes,complete section 5,attach fee,ar current license to this application. 9. I hereby relinquish my rights to the above described license to the applicant named in this application and hereby declare that the statemen 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 nam) 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 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 Last Renewal Date: 4. What date do you plan to move? What date do you plan to open? SECTION 13 Questions for all in-state applicants: C (e- C-L6..re U rA/t7 s'c hi o DL 1. Distance to nearest school: 3.2 V. Name/Address of school: /((Zd . Co??Q2- S,"its,✓ T it A 14. (regardless of distance) �vcs604)! A Z ,FS 73� 2. Distance to nearest church: 2 Name/Address of church: /54=5- A). Ou e- 2To.J (regardless of distance) cso4J1 A 2 k5 3) 3. I am the: LESSEE ❑ SUBLESSEE 0 OWNER 0 PURCHASER(of premises) 4. If the premises is leased give lessors name and address: ? 1/47-Q/2 tJL �v v S74 C-4,7 s / 4 4 e aRfio . /2 viz Sv ,T - ,I( 7)(.5 ) Az. es 7id- 4a. Monthly rental lease rate$ /')/5•- . What is the remaining length of the lease? yrs. mo 4b. What is the penalty if the lease is not fulfilled? $ '0r2, Dov. 00 or other (give details-attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ f Dl coo-00 Se-j Does any one creditor represent more than 10%of that sum? -YES gINO Ifes,list below. Total must equal 100%. Y q Last First Middle %Owed Residence Address City State Zip GJOC C GOcL 5, , r1 � 2 /w . 7 •v 4 3 cfr i/c. (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for?(BE SPECIFIC) 12 'STA v 2 T 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 S.NO If yes,attach explanation. 8. Does any spirituous liquor manufacturer,wholesaler,or employee,have any interest in your business? DYES Et NO 9. Is the premises currently licensed with a liquor license? 0 YES Si NO If yes,give license number and licensee's name: (Exactly as it appears on license) 5 SECTION 14 Restaurant, or Hotel-Motel Applicants: 1. Is there a valid restaurant or hotel-motel license at the proposed location? 0 YES iig NO If yes,give licensee's name: and license#: Last First Middle 2. If the answer to Question 1 is YES,you may qualify for an Interim Permit to operate while your application is pending;consult A.R.S.Section 4-203.01;and complete Section 5 of this application. 3. All restaurant applicants must complete a Restaurant Operation Plan(Form LICO 114)provided by the Department of Liquor. 4. DoY ou understand that 40% of your annual gross revenue must be from food sales? C3 YES 0 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: g Entrances/Exits El Liquor storage areas ❑ Drive-in windows rail Patio enclosures ❑ Service windows 0 Under construction:estimated completion date 6 r /s" -2 000 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining,facilitit . 3. The diagram below is the only area where spirituous liquor is to be sold,served,consumed,dispensed,possessed,or stored. Give the square foota e or outside dimensions of the licensed premises. DO NOT INCLUDE PARKING LOTS,LIVING QUARTERS,ETC. 'r .0. r----+'�--- ----- __ -- ----.n is ----- ' C.I.✓✓AJ _.... I 1 1 _ ,, ,,___ _st/fr: _ _ -22, _ il - ,i,coatat,44 , - _ 'p.. — ` r * 2 � W _ n __, --- ' -- T _ — ----- ___---- i r i 3 ' " I , IL --yv 1 - - i_ 1 .-S * I , a _ . , ___ _ __ :4_ "1,1111 _ 170-:1).141.e._... '_=.-_ '_-_._ _ •_ '_.= '--__ _ '_ _ _t _ _ ,________. i_, 1_, ,,., _ _ _:T kj.1 _ _4 _____ ♦ __- - - - ,. S l ._._.—. r --_----..-.. , -w�- {'/am fvV° y� YOU MUS F NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUND? ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. 6 SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List below the exact names of all churches,schools,and spirituous liquor outlets within a one half mile radius of your proposed location. 1. 44-4 ilaz.J -DXcJG rr 'i Seg es o' 2. 2 'S J v'wit..A.IA'Cc c T Seel tc=r "S NT 3. EL t3 u2.44 Tv e-s7'. .te.,Q/ ( Z 4. 5. 6. 7. 8. z.x3,44 ea-r- c,). 3 9. Gie A. OS A 10. 11. 12. 13. 14. 15. (ATTACH ADDITIONAL SHEET IF NECESSARY) A=Your business name and identify cross streets. SECTION 17 Signature Block: I, S4 ./r'Ay D W 00G eo Cie ,declare that: 1)I am the APPLICANT(Agent/Club Member/Partner),making this (Print name of APPLICANT/AGENT listed in Section 4 Question 1) application;2)I have read the application and the contents and all statements are true,correct and complete; 3)that this application is not bein made to defraud or injure any creditor,taxing authority,regulatory authority,or transferor,4)that no other person,firm, or corporation,exce F 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. State of 42/z.G:/4 County of 54t/T4 m X /- (si The foregoing instrue�t was acknowledged before me this /9/#t/e.- , AGoe) Day of Month Year °FACIAL SEAL My commission expires on: LUIS M.AINZA " •% SANTA CRUZ COUNTYrir- (' a of NOTAR :LIC) My Comm.Expires Nov 11,2002 7 1PLE GEOGRAPHICAL DATA In the adjacent adacent to the 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 1/2 Mi . 09 St . Anthonys Church Latrobe 10 St . Anthonys School 1 11 Burbank Middle School Lockwood , 1 1/ mi . / Mi . p 12 First United Baptist Church 12 � �• 111111111111 13 T, Pi 8 14 9 10 15 A.R. S . Section 4-207 .A reads as follows : 1/2 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 ho r private .. school building with kindergarten programs or any of public or grades one ( 1) through twelve ( 12 ) . or within three hundred (300) horizontal feet of a fenced recreational area adjacent to such school building. 8 ARIZONA DEPARTMENT OF LIQUOR LICENSES CONTROL .10.1)ftei 800 W Washington 5th Floor '~ `�:� 400 W Congress #150 it Phoenix AZ 85007-2934 �. l Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 ZE:uci r'i i 2b 'D f: 3b LIQ. DEPT. N RESTAURANT OPERATION PLAN LICENSE# /77/ 3 3 3 1. List by Make. Model and Capacity of your: Grill A 4-R,c 4.J /e4.)`a' 31 .o 41 2 '' c-&P LS' 1 ,.4 G 4 Oven ez.a 4, - .— 2 44)6 J// .2 o v ey-Ai s /0 L3 v/141 ties . o •— 5+ / .4404-14 S w/ c o v.v r Freezer 'uc-uvrt6(,ar Aim K F t--S .20• 7 cut3IL a=e-a-r- 1 ooiZ Refrigerator 3,-tler2A`v AWL Le �� / SueLoeS 4q..c7 wale F6 er7 # ,�. .1,00,?...s Sink pA4 A-`4 o d,v-r 12 63 14'14'2i Rif 3 c 0A-014/2-7-A4 g4-TS 40✓) DIGO/,v 134044 Dish Washing S/n.)i "Di.51-14J4 u •Ay ,ciAJ/t3v/crs4.) '30os-re2 Facilities Ake"; ,-toy 4.7.2 l o A.4 414 Sec ss i 4c r S s N re• Food Preparation .2 Co""--4-540,c' 5_ i,/ q" eAc ier'e..3l vAi)eC_coovTb=,t Counter(Dimensions) (t(Ftt s e 4r4A rte. yep w z .1),400e s A .1, ro.� oms cavr�v'.4e ey 44,TNG- 7?- A)/ Other Sc cs'IA:,..,arr Scor #%lA•.) / Sc�- .2 7S, vAJD tr'tcava Tse- 4I/s'7 7 eA�tr:_ .3.ao its ate'rct" 2(1,44 S. clip 4...d a a= S-nv2 A G ter 2. Print the name of your restaurant: c(EA) /2o 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 [ 44 ] b. Bar area of your premises [ + 13 ] c. Total area of your premises 5. What type of dinnerware and utensils are utilized within your restaurant? 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). 0 Yes % No 7. What percentage of your public premises is used primarily for restaurant dining? (Does not include kitchen, bar, cocktail tables or game area.) OCT. *Disabled individuals requiring special accommodations,please call the Department. Lc)1140)5/1999 Does your restaurant Contain an 8. Do Sy games or television? 0 Yes 14 No (If yes, what types and how many? Pool tables,Video Games, Darts, etc.) you have live entertainment or dancing?Do ❑ Yes ISI No (If yes, what type and how often?) 10. Use spacebelow or attach a list of employee positions and their duties to fully staff your business. Ci, ) 44 A A/A 4 ern- 4-0 b 5- v e ft a s s oa_ (1 ) Ai Q•v Aro e4 ' 'I44: oif 1qAi b _ • -7-EP-ss- Li ) "ci ) AeA4)4-4 t i come- t A4 b 50 Pp.(tviso4 (1 ) C u E fit,v, sv P viso2, Li j ads/L-r&--.4-,-b,:-..-it ,-1 c ., K.e a S L / ),s t.r suash -e2. (I ) pipQ_D p 4 6,4 2_A3 r1 o•) jY_I___,__±_ -._S___ (1 l 4us 136/ _. I 54 u 7-rA 4 o /2. euoaCr=01.14 ,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. Iz494 ¢ Countyof ,6/0/1/".0 €i1 State of ��' was acknowledged before me this X111P The foregoing instrumentg ignature of APPLICANT) rp P day of S/G , ,? . OFRCIAL SEAL Day of IVionih Month Year �:•�: ,%�, LUIS M.AlNZA (-��.-,�,�; Notary Public-State of Arizona • My commission expires o `_J .• ,:. .....--.......,/ �'�!" 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With/ez/Jie& e./tieet eea4,agael ad4e244€1 J.eziaeza- $ 5.00 &whdac/a '�rciy"- rBow?,go/dillao .vCri�ed uuC6v ucf+ila7 c<eiclPivrrerat Eco/re/crr%ff. t&m€ildte'ja,ucecfri6uca/zumcfee~z cr/ncGcxeniry iz.an gemied,exv �'e��aClo (eh4ehe1 tcmaiillo/ ree Ai& 10.09 ,W0211LC/2ck Witti/144/ 99iiite/ h €/ F/ meal coe ,cz4-1 1/LLCPiY rvp a.00 e/te,ni€ha7a/de' &i'zze'e9era' 1iill,' ide'o/,ze/'zied éeano tL 00 iarsitow iied Wo/t.n/JozCt/,leo ditgedsmitivalrzeded,Wee/ W'dh"jide'a� xeficiecL éeanaa1o'dedaJ4ao/ tet-0 0 Ta,n€deo- '�'aed,WeelaaiG<k'Jed dale/aarecciemu/zia/aiAe,/zied6ecino/ ea'zne'eiz'Wale/ Mfr Wittl,nie/Ytea/h4/ az led el/a&mtiteez cni,Gfvsie&o� rroexicnmv 2icr t4.oa Jccrreccledaafvi �y0uary ��ovr�<%aerecc/%owit/,1494/Mt/i,ao/4aticc C1/12C1 aic%ri MAled éeareo $ LOo haa'de /tazaeav .9/,L. elcitz WWII-tidier/11ga/way aic/v zebiecG/aareo $ io.00 6 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 7, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: Bayer Vella, Senior Planner SUBJECT: PUBLIC HEARING, ORDINANCE NO. (0) 00-16 , OV13-00-05, AMENDMENT TO ORDINANCE (0)99-59 REGARDING THE ROONEY RANCH COMPREHENSIVE SIGN PACKAGE PARCEL D INTRODUCTION: David K. Jones, P.C., representing The Barclay Group, has submitted a request to substantially amend the Rooney Ranch Retail Center Comprehensive Sign Package, which was adopted as a Town Ordinance on 12/1/99. Specifically, the proposed amendments would alter, if approved, the Parcel D Sign Package Guidelines (attached). It is important to emphasize that the Sign Guidelines only address Area D within the overall development. Area D, the Target-Fry's Center, includes 39.86 acres and is located west of Oracle Road and south of North First Avenue. The upcoming opening of a Petsmart, located between Target and Fry's, and the anticipated development submittal of an Office Max prompted this request. BACKGROUND: This is only one of numerous requests to amend the original sign package. In fact, Mr. Jones also submitted a Sign Package Amendment request in 1998 to provide for a Wells Fargo Bank. Over the years, Target, Brake Max, Payless Shoe Store, etc have pursued additional changes/modifications. In essence, the primary changes over the years include a heightened recognition of trademarks, established ability to control the size of trademark logos, and use of the color red in addition to copper patina. Considering the number of requests for exceptions, amendments, etc., the Town has maintained a high level of consistency. SUMMARY: Mr. Jones has proposed the following modifications to the Oro Valley Retail Center Comprehensive Sign Package: 1. Definition of Major Tenants- "Major tenants shall include those who are recognized as national retail operators." 2. Federal Trademark Colors- "Permit the text of signs of major tenants to be displayed in the color of their federal registered trademark. All secondary signs or modifier sign copy shall be displayed in copper patina lettering." 3. Maximum Average Character Height - "Revise the heading in the chart known as "Exhibit D-3 of Shopping Center Uniform Sign Criteria" from Maximum Character Height" to "Average Maximum Character Height." This will allow for an average letter height in signs where there are upper and lower case letters." TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 5 4. Method for Determining Area for Single-Faced Signs- "Add Town's Zoning Code language for Single-Faced Sign" . This would establish a methodology for calculating square footage. ANALYSIS: Proposal #1, "Major Tenant" Defined as a National Recognized Chain PAD & Comprehensive Sign Package: The chart depicting Area D Guidelines is entirely based on user types. Anchor Tenants (over 60,000 sq.ft), Major Tenants (15,000 - 59,999 sq.ft), Minor Tenants (7,500-14,999 sq.ft) etc. are specified. Furthermore, the size, color, and maximum character height are entirely predicated on the floor area of an in-line store. Quite simply, a larger store may have a proportionally larger sign, range of colors, and size of text than a smaller one. Staff Comment: The categories were based on a common assumption. The Sign Package, OVZCR, and the majority of sign codes throughout the nation are structured to recognize that a sign should be proportional to the size of the structure. Within the OVZCR design guidelines, the following is specified: D.4. Signage should be integrated into the design of a building. a. Integration means that sign elements (including logos) are defined by building elements and are in proportion and scale with building components. The impact of the proposed change would dismantle the hierarchical structure of the Sign Package. In effect, a national chain that may be only 3,000 sq.ft would be able to utilize the same criteria for size, color, and maximum character height as a 40,000 sq.ft structure. The goal of continuing to insure proportionality and consistently would be effectively nullified. Proposal #2, Federal Trademark Colors for Major Tenant PAD & Comprehensive Sign Package: The following items are applicable: 1. Major Tenant: Logo = any color but fluorescents or iridescents, Text = copper patina 2. Minor Tenant: same as Major Tenant 3. Signage shall comply with the Oro Valley Sign Code Revised... 4. "Each has its own functional sign requirements requiring a certain level of flexibility while necessarily fitting under a distinctive and architecturally appropriate theme which ties the entire project together. Thus, the urban village is unified by architecture, color, materials, vegetation, and signage". Staff Comment: Within the OVZCR Design Guidelines pertaining to signage, the following applies: 4.c. Coordinate colors with the corresponding building's or project's colors. No more than three colors should be used in one signage system (one project). Signs within the same project should be the same color or color scheme. F:\OVNOV13\2000\13-00-05\TC.RPT.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 5 11. Corporate logos should be placed and sized so as to integrate into architectural elements. Neither the OVZCR nor the Rooney Ranch Center Sign Package prevents use of trademarked logos. If the applicant wishes to utilize federal trademark text and colors, it simply must conform to the size restrictions for a logo. Because it is a component of the sign, a logo is generally regulated to a smaller size than sign. In essence, the applicant wishes to increase the maximum logo size to the same size as the sign. The legal ability to regulate the size of a logo has been well established. This request to allow a larger logo with federal trademark colors is identical to the one submitted by Payless Shoe Stores in 1998. In order to uphold the integrity of the Sign Package and OVCR, the Development Review Board recommended denial of that request and the Council acted accordingly. Proposal #3, Maximum Average Character Height Comprehensive Sign Package: Throughout the sign package, reference is made to maximum height rather than average height. Staff Comment: The applicant wishes to utilize an average size to allow for a larger sign when a mix of capital and lower case letters is utilized. The following OVZCR design guideline is applicable: D. Intent: The intent of the design guidelines for signage is to reinforce the low intensity and low profile identify of the Town of Oro Valley... Neither the OVZCR nor the sign package provides for an average height. The impact of the original proposal could result in a substantial increase in the overall visual impact of the sign. As previously mentioned, the applicant approached staff after the DRB meeting to amend the request. Mr. Jones proposed a maximum character height cap of 10% above the norm. In the case of a Major Tenant, the new proposal could result in an individual maximum character height of 4'4" - and the current standard is a maximum of 4'. Many other jurisdictions, such as Scottsdale, permit an average height when upper case and lower case letters are utilized. By working with staff, the applicant has proposed the following new definition: For wall signs where the business name is comprised of upper and lower case letters of varying height, the maximum character height of the letters may be increased by no more than ten (10%) percent, provided that the weighted average height of all individual letters does not exceed the maximum character height specified in the table and the business name does not exceed the allowed sign area. F:\ov\ov13\2000\13-00-05\TC.RPT.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 4 of 5 Proposal #4, Method for Determining Area for Single-Faced Signs Comprehensive Sign Package: A definition of single-faced sign is not included in the package; however, it does specify the need to conform to the OVCR. Within the OVZCR, a single-faced sign is defined as follows: "a sign having one display surface". Staff Comment: Staff currently utilizes an interpretation to measure sign area. As recommended by DRB, the applicant and staff are proposing a clearly defined methodology for measuring a wall sign. Definition: Wall Sign Area shall be determined as the rectangular area drawn closest to the outer edge of graphic, structural or illuminated elements of a sign. For all sign copy enclosed within a painted, structural, or illuminated border, or displayed on a colored background that contrasts with the color of the building or structure, the sign area shall include the aforementioned areas. When a sign is comprised of individual letters or symbols directly affixed to or painted on the wall of a building or structure, the total area is the sum of rectangles, drawn closest to the outer edge of each letter (including spaces between letters of the same word), representation, insignia, emblem, or any figures of similar character, together with any material or color forming an integral part or background of the display if used to differentiate such sign from the backdrop or structure against which it is placed. DEVELOPMENT REVIEW BOARD MEETING: The Development Review Board considered each of the aforementioned requests on 4/11/00 (minutes attached). The Board voted unanimously to recommend denial of the first three. With regard to the fourth request, the Board, staff, and the applicant agreed that a definition should be established. Neither the OVZCR nor the Sign Package includes a methodology. This portion of the application/item was continued. After the 4/11/00 DRB meeting, the applicant expressed a desire to amend the proposed method to calculate average character height. In sum, #3 and #4 were presented to DRB a second time on May 9. The DRB recommended unconditional approval of the two aforementioned items. Richard Feinberg, an Oro Valley citizen, attended each meeting. He expressed concerns about the continual attempts to dismantle the Sign Package. Furthermore, Mr. Feinberg was concerned about the use of mathematical formulas to measure signs and letters—rather than use of subjective aesthetic judgement. RECOMMENDATION: In order to uphold the integrity of the OVZCR, Design Guidelines, and the Rooney Ranch Center Sign Package Ordinance, Planning staff recommends denial of proposals #1 and #2. Furthermore, staff recommends approval of proposal #3 and #4. F:\ov\ov13\2000\13-00-05\TC.RPT.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 5 of 5 SUGGESTED MOTIONS: I move to approve Ordinance No.(0) 00-16 , OV 13-00-005, amending Ordinance No.(0)99-59 by incorporating onlythe definitions outlined in Exhibit "A" attached herewith. � g OR I move to approve Ordinance No. (0)00-16 , OV 13-00-005, amending Ordinance No.(0)99-59 by only incorporating the definitions outlined in Exhibit"A" attached herewith and the following added conditions: OR I move deny Ordinance No. (0) 00-16 , OV 13-00-005, amending Ordinance No.(0)99-59, finding that: • ATTACHMENTS: 1. Exhibit A 2. Proposed Ordinance 3. Parcel D Sign Guidelines Planni� d Zo • g Administrator Co•flu;*ty Dev •pment Director � ' / Town Manag-r F:\ov\ov13\2000\13-00-05\TC.RPT.doc EXHIBIT "A" 0V13-00-05 Amendments to Ordinance No.(0)99-59: Oro Valley Center,Parcel D Sign Guidelines 1. Add the following definition to chart as footnote #6: For wall signs where the business name is comprised of upper and lower case letters of varying height, the maximum character height of the letters may be increased by no more than ten (10%) percent, provided that the weighted average height of all individual letters does not exceed the maximum character height specified in the table and the business name does not exceed the allowed sign area. 2. Add the following definition to chart as footnote#7: Wall Sign Area shall be determined as the rectangular area drawn closest to the outer edge of graphic, structural or illuminated elements of a sign. For all sign copy enclosed within a painted, structural, or illuminated border, or displayed on a colored background that contrasts with the color of the building or structure, the sign area shall include the aforementioned areas. When a sign is comprised of individual letters or symbols directly affixed to or painted on the wall of a building or structure, the total area is the sum of rectangles, drawn closest to the outer edge of each letter (including spaces between letters of the same word), representation, insignia, emblem, or any figures of similar character, together with any material or color forming an integral part or background of the display if used to differentiate such sign from the backdrop or structure against which it is placed. ORDINANCE NO. (0)OO-L6 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, FOR AN AMENDMENT TO ORDINANCE NO. (0)99-59, WHICH IS ALSO KNOWN AS THE ROONEY RANCH SIGN PACKAGE, BY INCLUDING A PROVISION FOR AVERAGE SIGN HEIGHTS AND A METHODOLOGY TO MEASURE SIGNS IN AREA D OF THE ROONEY RANCH SHOPPING CENTER AND FIXING THE EFFECTIVE DATE THEREOF; AND REPEALING ANY OTHER ORDINANCES IN CONFLICT HEREWITH. WHEREAS, David K. Jones, P.C, representing the Barclay Group Inc., has requested an amendment to the Rooney Ranch Sign Package by including a provision to allow average sign height measurements and a methodology to measure individual signs within Area D of the Rooney Ranch Shopping Center which abuts the southwestern intersection of First Avenue and Oracle Road and WHEREAS, the Development Review Board, reviewed said PAD and Ordinance amendment 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 PAD amendment and Ordinance change 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 amendment depicted in 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 severable. If any section, sub-section, sentence, clause,word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. ORDINANCE NO. (0)00-16 (continued) PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 7th day of June ,2000. Paul H. Loomis,Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley,Town Attorney F:\OV\Ov8\8-00-02\TC ORDINANCE.doc W N- - 3 O CD o,�x C M. ( . 13 ^o U) � (n � K p > C c o� _,• (n� 0 co O a -J O? � � �. • � � � � n (D > > -0 QO X-00 -, ? -n co Nic - C 4,"10 0 ." vC -' 00 cn wa) w O A 0::, —' CO = --' (D ' (� O --i 01 c? 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(( D = On S . • O = (D � .O a) (0 a) (o = r 1) 4 -< 7,,P, El- WED o c a, 0) c v �. o a� v =. oED -1 w v ? 0CD , w w � O w _ n < `< S < 3 5'< 3 o -- < � 3 o o -- < 63 o j-.• < 2. o .4 < � 3 o a rn rn � ° 33c a. cn -' i QE - � eLa- a � � ca) -,, v o -. o 3� o Q •3 o 0_ o 0_ o Q � = rn CO _ _ 3 c O ( O v `.c O cu ,< O ca .< o v .c o su 2-z g•-) (Dc 9 �oQ Q H- i Uq H- 0 • PO *CD - < — (Da — (D . — (D . _ N . _ n ii r -�00 v (D - - - - CD I — , 0 - rn 0 (-D rn -' (-D _ O �� C C O 9 77T rn r I :a.,Ur 1 `V 'dig.111111\f \4„ \ '^"3 , ), Where pets are family'" June 5, 2000 Via Overnight Mail and Facsimile (520) 742-1022 Honorable Mayor Paul Loomis TOWN OF ORO VALLEY 11000 North La Canada DriveD%STRIBUTEDARyoBBOTRO Iii(tA Oro Valley, Arizona 85737 MPNGER N RE: PETsMART Store No. 1003 Cyle SLE a COUNCIL RooneyRanch Shopping Center Dear Mayor Loomis: DEPT S OTHER r This letter is regarding the upcoming Oro Valley Town Council Meeting and the request to amend the Rooney Ranch Comprehensive Sign Plan. Enclosed is an excerpt of the sales transactions for the Arizona area PETsMART stores. The information is confidentially sensitive in nature, however it shall illustrate the concerns we have about the poor performance of the store. As indicated, the store is performing over 50% below expectations. As a result, this store location is receiving considerable scrutiny and consequently is a focus of attention by PETsMART management. This letter is to emphasize the importance of our request and relay the concerns about the performance of the store. This store location needs to improve sales. In order to accomplish this, the amount of customers into the store needs to increase. As part of the proposed signage amendment for the center, PETsMART is requesting permission to apply cardinal red sign faces to the front surfaces of the primary identification sign in accordance with the PETsMART Federally Registered Trademark. Market research reveals that consumers are attracted to a location by the visibility of a nationally recognized or trademark image. The market studies and demographics are favorable for the Rooney Ranch Shopping Center, however the visibility of the PETsMART store is diminished as currently allowed. The PETsMART Trademark is diluted by the turquoise copper patina colored sign as currently dictated by the Rooney Ranch Comprehensive Sign Package, and, as indicated by the sales report, creating an economic hardship. The PETsMART store must be visible to the commuters and potential customers in the area. This store must be able to visually attract customers with it's trademark colors in order to survive. We respectfully request the permission to install non-illuminated cardinal red sign faces on the front surface of the PETsMART sign over the turquoise patina colored sign faces. The patina sides of the letters, halo illuminated, and the ancillary signage shall conform with the architectural harmony of the center. The proposed PETsMART sign is consistent with the signage of other major retail stores in the area. The proposed sign is not harmful or detrimental to the surrounding neighborhood. Your care in considering this request and assistance in this matter is sincerely appreciated. Should you have any questions or comments, please call me at (623) 587-2613. Respectful y submitted, IP William Hutc ison • osS • t rim.. C..) -•+ W O O -i CO CO CO O W .-, .C.n Co O O O Cn -� O O CD A (� Cn CO O O Cn Cu CD ) � -.11 N W CT)"�t i CD 1! -,1 O N *CP !a CO CJS CD '•.J N -j CO. q rJ .A A. O� Q) CD Tia s ,� 4V/r-- . A cn o - . 1, -a. - .1::. W cn - Ni N .A. W .A .A. N --I cpCD G -v co O Cn Co Cr) -j W N 1. Cn N j v O a . v1.A. --1 0 0 .A C) Cn O C7) W CO GA CO O co -.I11 0) --i -4 aj CD T• • W Ni - 0 .A. 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M = :(n -, U) 0) O .A - A A C CA) -A- . ) Cr .A Ni Ni .A. CA) .A. d Ni --� CO -i A O co W CO in Cn c.). •-+. �! 1� N v O en Cr) N O )> Ni - _.i 0 N -A. C r) CD 0 O N CD .A. .A. --1 -.1 'tel 1A. O .A CD A CD 0 C7) 0 0) 0 0) A W -+ C.4 .A CO -1 03 CO 0 Cn CO 0) v Z U) • tom•.•. D C) --I 0 Z WILLIAM D. ADLER Oro Valley,AZ 85737 June 1,2000 DISTRIBUTED TO: MAYOR TOWN MANAGER Mayor and Council FILE COUNCIL ATTN::Town Clerk Town of Oro Valley 0 DEPT HEADS OTHER 1100 N". La Canada Drive &Luta S, Oro Valley, AZ 85737 Al, • Dear Mayor and Council, cur/. (, I'll be on a business trip, and will miss your Council meeting on the 7th. There are brief comments I'd like to make. Rooney Ranch Comprehensive SignCPackage Parcel D I oppose all four proposed modifications to the Oro Valley Center Package. The concept of signs as serving either asi advertising or identification depends upon the set back. An individual store with frontage on a thoroughfare may use a wall sign or free standing sign as advertising. Stores within a center environment utilize the mass medial.For advertising, and signs for identification. Typically, the anchor tenant is allowed a larger sign as the center is often advertised in the media as the 'Try's" or " Target " center. Major or minor tenants use signs only for idehtification. It's the media advertising which draws traffic to the center, and the signs which identify the store locations. Therefore, I oppose any provision which results in larger signs, when advertising is not, and should not be, the objective. The existing formula has resulted in wall signs in the Oro iValley Center much larger than is necessary for identification. This adds visual clutter, and detracts from the intent to present a pleasing appearance. Allowing even larger signs should not be permitted. Oro Valley Townwide Roadway Development Impact Fee First of all, I object'to the preemption of citizens involved in the creation of the originalordinance in the consideraHbn of this amendment. Secondly, the increase needs to be at least three tortes the recommended amount based upon the additional commercial, technical and residential growth already in the approval pipeline. I believe the basis ifor the recommendation is badly understating the estimated trips the roadways will be incurring in the short term. I sincerely hope the proposed xuumber is not what is politically palatable to the building industry versus what is necessary to preserve road safety. SPI/ Z0/Z0'd Ebb# 62:60 T0-904006T 2.66b-988-0ZS Y1tR�190I0(1: W02dd LAW OFFICES DAVID K. JONES P.C. A PROFESSIONAL CORPORATION ONE ARIZONA CENTER MY 31'881.1'14 3;83 TOu 4TM FLOOR DAVID K.JONES 400 EAST VAN BUREN STREET (602) 340-0900 DARIN A.SENDER PHOENIX,ARIZONA 85004 FACSIMILE (602) 340-8955 LARRY S. LAZARUS,OF COUNSEL E-MAIL dkjpcneta.com May 25, 2000 DISTRIBUTED TO: Mayor and Town Council pi MAYOR h TOWN MANAGER TOWN OF ORO VALLEY St4 FILE COUNCIL 11,000 N. La Canada Dr. Oro Valley, Arizona 85704 0 DEPT HEADS OTHER I . S . RE: Rooney Ranch Center Comprehensive Sign Plan Amendment ba.ic 8 , OV 13-00-05, to be heard June 7, 2000 Dear Mayor and Council: On behalf of the Barclay Group, and tenants PetsMart and OfficeMax, we have requested amendments to the Rooney Ranch Comprehensive Sign Package. Two of the amendments were aimed at clarification only, and we understand that those come to you with a recommendation for approval, as modified. Those clarification amendments deal with: 1) the method for determining the area of wall-mounted signs, and 2) averaging of the maximum character height,where there is a combination of larger and smaller letters. We believe we are in agreement with the recommendation of staff and the DRB. The remaining issue we ask you to address is the color of text for major tenants. This issue is not new. It has risen for nearly every major tenant that has come forward. Target was allowed to display its text in its trademark red,and its logo in its trademark red. Payless ShoeSource worked on a similar sign package amendment for color, and ultimately settled with the Town for a larger logo in its trademark colors. Other than copper patina,the color red appears predominantly in signs within the center. Both PetsMart and OfficeMax have red as a component of the federal trademark for the text of their signs. PetsMart has erected a copper patina sign only as an interim measure while this amendment is being processed, as it was necessary to have some signage up in order for the store to open. It has become apparent that these trademark colors are important elements to the identity of national tenants. This is not out of disrespect for the community, or those vocal individuals within the community that want to see signs in copper patina. It is out of an understanding of new and emerging information about consumer recognition patterns and behavior,which are no different in Oro Valley and the surrounding area than it is anywhere else in the nation. National retailers have recognized that their identity is a key to their success, and that there needs to be uniformity of identity between their advertising and promotions and the point of purchase. National tenants seeking to locate in Rooney Ranch Center are insisting on their identity, unaltered. The Barclay Group is being hindered in its effort to bring in quality national tenants by the insistence on copper patina-colored signs. Mayor and Town Council May 25, 2000 Page -2- This amendment relates only to the color of the"text"of signs. We are not seeking to amend anything having to do with "logo" size, contrary to the position taken by staff. The sign package clearly delineates between logos (which can be any color but are limited in size) and text (which currently must be copper patina in color). Both the OfficeMax and PetsMart signs are in text only—no logo will be used. This amendment would permit them to display the text of their signs in their trademark red,consistent with Target. These colors are in conformance with the sign code,and consistent with colored signs both within the Rooney Ranch Center and in the vicinity. We realize that there has been, and will likely continue to be, vocal residents with a passionate preference for signs to be in copper patina. The colors of the PetsMart sign and the OfficeMax sign are, however, consistent with what is already present in the center, and there is no compelling reason why copper patina should be required. We know that,politically,we are asking you to make a difficult decision. However, that decision(and the colors requested) are consistent with the sign code, and the tenants' rights, and that decision is the right one to make. Thank you so much for your consideration. I look forward to seeing you on June 7. Sincerely, ne3-0 David K. Jon- CC: Trey Eakin Bill Hutchison TOWN OF ORO VALLEY 7 COUNCIL COMMUNICATION MEETING DATE: June 7, 2000 TO: HONORABLE MAYOR& COUNCIL FROM: William A.Jansen,P.E.,Town Engineer SUBJECT: ORDINANCE NO. (0) 00- 18 ,AMENDING THE ORO VALLEY TOWN- WIDE ROADWAY DEVELOPMENT IMPACT FEE. SUMMARY: On April 19, 2000, the Town Council adopted Resolution No. (R) 00-38 which provided Notice of Intent to increase the Oro Valley Townwide Roadway Development Impact Fee. In accordance with the state statutes, a public hearing was held on May 22, 2000 to receive public comments. The new fees will take effect 90 days after the adoption of the Ordinance by the Town Council. The existing fee of$1,494.00 per equivalent dwelling unit was set in 1997. The recommended Townwide Development Roadway Development Impact Fee is $ 2,008.00 per equivalent dwelling unit. The revised fee will take effect ninety (90) days after adoption of the ordinance. FISCAL IMPACT: If the revised impact fee is adopted as recommended, the revenue to the Town from the revised impact fee would increase by$514.00 per equivalent dwelling unit. ATTACHMENTS: 1. Ordinance (0) 00- 18 , An ordinance of the Town of Oro Valley, Arizona amending Chapter 13, Section 13-4-4 of the code of the Town of Oro Valley pertaining to Development Fees. RECOMMENDATIONS: Staff recommends the adoption of the revised impact fee. SUGGESTED MOTION: The Town Council may wish to consider one of the following motions. I move to approve Ordinance (0) 00- 18 authorizing the increase to the Oro Valley Town-wide Roadway Development Impact Fee and to Or I move to deny Ordinance(0) 00-18 10 az..... _ D=.• • ent -ad / I ./ own anagen ORDINANCE NO. (0) 00- 18 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING CHAPTER 13 SECTION 13-4-4A OF THE CODE OF THE TOWN OF ORO VALLEY PERTAINING TO DEVELOPMENT FEES WHEREAS,Chapter 13 Section 13-4-4A of the Oro Valley Town Code states the amount of the Town-wide Road Development Fee, and WHEREAS,in accordance with the state statutes, a public hearing was held on May 22,2000 to receive public comments,therefore, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: SECTION 1: That Chapter 13 Section 13-4-4A of the Town Code of the Town of Oro Valley, Arizona, is amended to read: The Town-wide road development fee is$1,611.00$2,128.00 per EDU, from which the adjustments shall be made as set forth in Section 13-3-2. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,Arizona this 7Thday of JUNE , 2000. TOWN OF ORO VALLEY,ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier,Town Clerk Dan L. Dudley,Town Attorney Date Date TOWN OF ORO VALLEY 8 COUNCIL COMMUNICATION MEETING DATE: June 7th, 2000 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: Resolution No. 00=57 Adopting a Memorandum of Understanding with the City of Tucson regarding water matters. SUMMARY: Several significant water issues have existed between the Town of Oro Valley and the City of Tucson for many years. These mutual water topics include the following: 1) Oro Valley Effluent rights 2) Tucson water production facilities inside Oro Valley 3) Service area within and without the town limits of Oro Valley, 4) CAP Allocation rights 5) Northwest Area Agreement Issues As a starting point to resolve the water issues identified above, the attached Memorandum of Understanding (MOU) has been drafted for your consideration. The intent of this MOU 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. ATTACHMENTS: 1. Resolution No. 00- S8 Directing the Town Manager and staff to negotiate and finalize an agreement between the Town of Oro Valley and the City of Tucson regarding water matters. 2. Memorandum of Understanding between the Town of Oro Valley and the City of Tucson regarding water matters. Recommendation: It would be in the best interest of the Town of Oro Valley, the City of Tucson and the entire region for Oro Valley and Tucson to finally resolve the water issues that currently exist between the two municipalities. Therefore it is recommended that the Town Council approve this resolution, thereby creating an atmosphere of trust and cooperation between the elected officials and staffs of both Tucson and Oro Valley, so that individual agreements can be reached on each of the issues identified in the Memorandum of Understanding (MOU). TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 7th, 2000 PAGE 2 Suggested Motion: I make a motion to adopt Resolution No. 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. ' ' J Town Man:ger RESOLUTION NO. (R) 00 - 5Z RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA DIRECTING THE TOWN MANAGER AND STAFF TO NEGOTIATE AND FINALIZE AN AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE CITY OF TUCSON REGARDING WATER MATTERS. WHEREAS, the Town of Oro Valley and the City of Tucson desire to enter into a new era of mutual cooperation with regard to Water related issues, and WHEREAS, the communities desire to establish by virtue of a Memorandum of Understanding a general framework within which to negotiate water related issues, including Effluent, CAP, and Water Delivery Facilities; and WHEREAS, as part of that Memorandum of Understanding, the communities desire to enter into agreements regarding the assignment of Effluent and CAP rights to the Town of Oro Valley; and WHEREAS, the communities desire to be provided the opportunity to discuss the possible acquisition by the Town of Oro Valley of certain water delivery facilities currently owned or controlled by the City of Tucson; and WHEREAS, it is in the best interest of the Town of Oro Valley to seek an agreement with the City of Tucson concerning Effluent and the CAP entitlement and to explore discussions relative to an agreement regarding Water Delivery Facilities. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Oro Valley, Arizona that the"Memorandum of Understanding," attached hereto as Exhibit A, is hereby adopted. BE IT FURTHER RESOLVED that the Mayor, Town Manager and other administrative staff of the Town of Oro Valley are hereby authorized and directed to work toward fulfilling such an agreement as soon as possible. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 7TH day of JUNE , 2000. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney EXHIBIT — "A" MEMORANDUM OF UNDERSTANDING The Town of Oro Valley ("Oro Valley") and the City of Tucson ("the City") agree to negotiate in good faith to seek an agreement(s) on the following matters: The terms and conditions for an assignment of a portion of the City's effluent to Oro Valley; The terms and conditions for the resolution of outstanding Northwest Area Agreement issues; and The terms and conditions for the transfer of a portion of the City's CAP entitlement to Oro Valley. Theparties mayalso choose to include in the agreement(s) the purchase by Oro Valley of the City'sdelivery water facilities within Oro Valley, and possibly the purchase other nearby City water delivery facilities. Dated this day of June, 2000. ATTEST: TOWN OF ORO VALLEY Town Clerk Mayor APPROVED AS TO FORM: Town Attorney ATTEST: CITY OF TUCSON City Clerk Mayor APPROVED AS TO FORM: City Attorney ,9 TOWN OF ORO VALLEY COUNCIL COMMUNICATION ME'T'ING DATE: June 7, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: Shirley Seng, Interim Utility Director SUBJECT: Resolution No. (R) 00-58 Providing Notice of Intent to Increase Water Rates and Fees for the Oro Valley Water Utility SUMMARY: The Town of Oro Valley is nearing completion of its annual budgeting process for FY 2000/2001. As part of the process, water rates for the Oro Valley Water Utility (OVWU) were reviewed. Based on the analysis of five year projected expenses and required revenue, the Oro Valley Water Utility Commission (Commission) recommended that several actions be taken regarding rates: • Increase the monthly base rates to continue to phase in use of the demand concept. This concept allocates expenses to the various meter classes on the basis of the service level demand they place on the system that is unrelated to the amount of water consumed. • Equalize all rates for customers formerly classified as Non-city City OVW ID#1 and "Wholesale". • Replace the existing 2-tier commodity rate with a 3-tier rate to further encourage conservation. Reduce the thresholds for the commodity tiers to coincide with average water consumption. These thresholds vary depending on meter size and have been identified in the attached Rate Report. Pursuant to Arizona statutes, municipalities may not increase water rates without adopting a Notice of Intent to Increase Water Rates. The attached Resolution is prepared to serve as the Town's Notice of Intent to Increase Water Rates. Additionally, state statutes require that a Rate Report be made available to the public for review and comment thirty (30) days prior to the public hearing. The attached Resolution requires that Rate Report be place on file as well as establishes a public hearing date for July 19, 2000 allowing the Mayor and Council to receive comments from the public and to formally consider a modification to the rates currently in effect. Any rate increase authorized by Mayor and Council would be done via a future resolution. The new rates would become effective thirty (30) days after adoption of that resolution. The timing of the process has beenp lanned to implement the new rates as soon as possible after the final adoption of the FY 00/01 budget. ANALYSIS: Based on the Commission's recommendation and the Town Manager's recommended budget, staff has included two options regarding water rates in the Rate Report for Council consideration. The following is a general summary of those options. Details for each option may be found in the attached Rate Report. Preferred Financial Scenario C-4 is the recommendation of the Commission as describe above. The recommended rate structure yields a 6.74% overall revenue increase for FY 00/01. Scenario C-4 meets all financial criteria established by the Commission in 1998 and provides revenue necessary to meet the proposed expenditures. The rate design for this scenario will have a minimal impact to the customers TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 with low water usage and a more significant impact to those using more water than the annual average. Scenario C4 is described in detail in the attached Rate Report. Alternate Financial Scenario C-5 consists of data reflecting the same proposed expenditures, but because of the rate design, will generate slightly more revenue. This scenario does not increase base rates or the tier 1 commodity rate; however, it eliminates the "free" 1,000 gallons of water that is currently included in the base rate. The percent of rate increase to the lower water users is almost double that of"average" water users. Scenario C-5 complies with the guidelines of the financial criteria and could be considered a valid option. FISCAL IMPACT: The adoption of Resolution No. (R) 00- S8 providing Notice of Intent to Increase Water Rates will have no financial impact; however, should Council approve a future resolution to increase water rates, the increase will provide revenue sufficient to meet proposed expenditures. STAFF RECOMMENDATIONS: Staff respectfully recommends adoption of Resolution No. (R) 00- 58 Providing Notice of Intent to Increase Water Rates and Fees for the Oro Valley Water Utility with Exhibit "A" serving as the required Rate Report for public review and establishing a public hearing on the matter for July 19, 2000. ATTACHMENTS: 1. Resolution No. (R)00-58 Providing Notice of Intent to Increase Water Rates and Fees for the Oro Valley Water Utility. 2. Exhibit "A"—Oro Valley Water Utility Rate Report 3. ARS 9-511.01. SUGGESTED MOTION: I move 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. Or I move to II . i `‘ ..... ..i\k if/ U til'ty it irector / Town M.nager RESOLUTION NO. (R) 00- 58 RESOLUTION OF THE OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA PROVIDING NOTICE OF INTENT TO INCREASE WATER RATES AND FEES FOR THE ORO VALLEY WATER UTILITY WHEREAS, Oro Valley has the requisite statutory authority to acquire, own and maintain a water utility for the benefit of the landowners within and without the Town's Corporate boundaries pursuant to the provision of Arizona revised Statute 48-571 et. Seq.; and WHEREAS, Oro Valley is a political subdivision of the State of Arizona, and pursuant to Article 13, Section 7 of the Arizona constitution, is vested with all the rights, privileges and benefits, and entitled to the immunities and exemptions granted municipalities and political subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, Oro Valley now finds it necessary to consider increasing water rates and fees for the Oro Valley Water Utility pursuant to Arizona Revised Statute 9-511.01; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA: 1. That Notice of Intent to Increase Water Rates and Fees is hereby given for the Oro Valley Water Utility. 2. That a public hearing be held on the proposed increases at a regular meeting of the Mayor and Council at 7:00 PM on July 19, 2000 in the Council Chambers of the town of Oro Valley, Town Hall, 11000 N. La Canada Dr., Oro Valley, Arizona. 3. That Exhibit "A" attached hereto be made available to the public in the office of the Town Clerk for review and comment for thirty(30) days prior to the public hearing. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Pima County, Arizona this 7th day of June , 2000. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Dan Dudley, Town Attorney EXHIBIT "A" Oro Valley Water Utility Report in Support of Proposed Increase in Water Rates & Fees June 7, 2000 Contents: Scenario C — 4: Water Utility Commission Recommendation Scenario C — 5: Alternate Financial Scenario SCENARIO C - 4 Preferred Financial Scenario Scenario C-4 The following are the assumptions used in preparing these projections: • Growth is based on 870 new residential customers in FY 2000-01 and 750 new residential customers per year thereafter. • All rates have been equalized for the former Non-city, City, OVWID#1 and Wholesale customers. • Golf courses will be removed from groundwater over two years beginning in FY 2003-04. • Rate increases are effective at the beginning of each fiscal year with the exception of FY 2000-01 in which the rates are projected to be effective by October 1, 2000. • Financing will be achieved through the sale of bonds for capital improvements and the purchase of rights to alternative water resources. • Assumed a 6.25% interest rate on the proposed bond issue. • Personnel costs increase 5% annually for COLA and merit. • Operations and maintenance costs increase 5% annually. • Debt service does not fall below the required 1.25:1 ratio. • The Utility does not run at a loss for more than two consecutive years. • The minimum cash balances meet or exceed 15% of cash outlays excluding capital. • Retained earnings maintain a positive balance. in CO 0 0 © co r` M O I - O O O N- N to IC) C--;-1.1 CO •,- O O CO L) 0) O O t o O d' M M O co r--- co Co .T-- I` 0) CO CO O CO I) N LO M M ' O co- 00 O O 1` 0) L CO d' CO O N N- d' I` 1` >- COd' N LC) O ti co ,- co CO CO 0) N N- N Ll. 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U Q Q Q H �- u� Hi- J Z222W HH Z - Q W U U U 2 Z p Q W• 0 fI o Lo to in to 1.0 LO LO L.0 ~ W W W W W O o • 2 W o ao co. co. 00 00 0o co. 00 � Q Q O � � 1-1-1 o � 00 L W amu) UQ U 0 a Q F- F- l2 Z 0 a m p p p Ln co In O O IC) O O z 0 0 0 W 0 p W N N O O N t!) O W 2 2 2 p p W W E-- r- o CO O aO 1- (Ni 2 2 2 J W F- N U) Q N LOC) Co 00 CO N f O 0 O 0 000 < O rn - N ' ,- IX 0 CO W W W CL O to U ,- N `Ow OU) a. m W W W W I W m W 2 2 F- F- F- F-= F- W N If) O CO N O O Q F- W 0 H. N to ti to OLo cd Z I- O In ,- co •�.f) r• Z Z Q W 'Q N LO CO CO LO ,- LU c LY N up CY Lo W 2 Cn p Cn U m U m CL W W M W W W N x N M ' co O W 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% 50,000 258.10 267.2 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 1975.72 2013.22 37.50 1.9% 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. SCENARIO C - 5 Alternate Financial Scenario Scenario C-5 The following are the assumptions used in preparing these projections: • Growth is based on 870 new residential customers in FY 2000-01 and 750 new residential customers per year thereafter. • All rates have been equalized for the former Non-city, City, OVWID#1 and Wholesale customers. • The base rate will no longer include 1,000 gallons of"free"water. • Golf courses will be removed from groundwater over two years beginning in FY 2003-04. • Rate increases are effective at the beginning of each fiscal year with the exception of FY 2000-01 in which the rates are projected to be effective by October 1, 2000. • Financing will be achieved through the sale of bonds for capital improvements and the purchase of rights to alternative water resources. • Assumed a 6.25% interest rate on the proposed bond issue. • Personnel costs increase 5% annually for COLA and merit. • Operations and maintenance costs increase 5% annually. • Debt service does not fall below the required 1.25:1 ratio. • The Utility does not run at a loss for more than two consecutive years. • The minimum cash balances meet or exceed 15% of cash outlays excluding capital. • Retained earnings maintain a positive balance. gi. 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LL 'r N N N- O Lf) ' O CCO N- N N CO CO fes- M O ,- N 4Lf) o M M O O CO o 0 0 0 O O O O O ti N ti 0 0 O Ln O O O CO O O o O CO O — 0 0 — o CO CO O o (V M O O O CO o O) Ln co- o co- co- co- co- t- CO co- O O O Ln >- CO ti O CO CO N CO M M O O O O LL ti M N et C) N- O CO CO co N- O Cr Ln CO M CO CO N o CO ti CO 9 (.6 o w 0_ W F- Q > U W W (:6W (1) Z I- Q �- o w > > a_ Q 0 06 Vi > cn I- ZZX 0 z - w H > www z U Q F= 0 I- F= w w C� Z i_ > Q w - U ce z g Q Q 00 Z z W fn (9w w O L06 0 L M 0 (1)Q Z Q F-- w >- I- Z W H w Q 0 Q- CO < Z U. I= w Z u) U c 2 2 O o I- w u) o CO U - i w O O 6 W w I-- w cn > O ro ce -j O W oC OL Cl) U 5 z m W z a_ p Q U. m 2 a a 2 o 2 cn o z20 - 2 0 W >- z i p � � Z w pF- w >- w >_ 0 Z o LI- Q � » w W jCL5v m >U Q � ww � � � Q � � OC 0 p U 0 LLQ a. ? www � Q DC7 � o. LLj 6Z W Z LL (n (n (o Q u_ U I w Z Q Q L.L. w N < Q -) Z I < < < 0 I Q w Z C 0 Z I >- 0 i � 0 U U U - 2 > — a- � _"z L- CO Q jj Q WQ W Q a. 03 0 z 0 z 0 Z 0 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 w 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 v 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 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 Page 1 Citation/Title S § 9-511 . 01, Water and wastewater business; rates; procedures *6877 A.R.S. §9-511.01 ARIZONA REVISED STATUTES ANNOTATED TITLE 9. CITIES AND TOWNS CHAPTER 5. PUBLIC UTILITIES ARTICLE 2. MUNICIPAL OWNERSHIP Current through End of 1999 1st Regular Session and the 2nd Special Session. § 9-511.01. Water and wastewater business; rates; procedures A. A municipality engaging in a domestic water or wastewater business shall not increase any water or wastewater rate or rate component,fee or service charge without complying with the following: 1. Prepare a written report or supply data supporting the increased rate or rate component,fee or service charge. A copy of the report shall be made available to the public by filing a copy in the office of the clerk of the municipality governing board at least thirty days prior to the public hearing described in paragraph 2 of this subsection. 2. Adopt a notice of intention by motion at a regular council meeting to increase water or wastewater rates or rate components,fee service charge and set a date for a public hearing on the proposed increase which shall be held not less than thirty days after option of the notice of intention. A copy of the notice of intention showing the date,time and place of such hearing shall be published one time in a newspaper of general circulation within the boundaries of the municipality not less than twenty days prior to the public hearing date. B. After holding the public hearing,the governing body may adopt,by ordinance or resolution,the proposed rate or rate component, fee or service charge increase or any lesser increase. C.Notwithstanding § 19-142,subsection B,the increased rate or rate component,fee or service charge shall become effective thirty days after adoption of the ordinance or resolution. CREDIT(S) 1996 Main Volume Added by Laws 1992,Ch. 257,§1. HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES Laws 1992,Ch.257,§2,provides: "Sec.2.Applicability "The provisions of this act apply only to water and wastewater rates and rate components,fees and service charges adopted after the effective date of this act." Copyright (c) West Group 2000 No claim to original U.S . Govt. works 10 COUNCIL COMMUNICATION TOWN OF ORO VALLEYMEETING DATE: June 7, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: Ainsley Anne Reeder Parks and Recreation Administrator SUBJECT: Consideration of a Trails Task Force as Recommended by the Parks and Recreation Advisory Board SUMMARY: On April 27, 2000, Joe Wilfield, resident and Landscape Architect for the Rivers, Trails, and Conservation Assistance Program for the National Parks Service, proposed to the Parks and Recreation Advisory Board (PRAB) that an Oro Valley Trails Task Force be developed to focus on the growing issues and needs associated with trails in Oro Valley. He suggested that the purpose of the task force would be to (1) identify trail routes and establish trail standards, (2) research land ownership, (3) prioritize threatened trails or trail access and identify protection options, and (4) evaluate other trail opportunities. PRAB voted unanimously to recommend to the Town Council that (1) a Trails Task Force be established to address the issues as outlined in Mr. Winfield's proposal; (2) that the Task Force be composed of PRAB members, Town Staff, and residents; (3) that trails issues be added to the Parks and Recreation Work Plan and the Planning and Zoning Work Plan; and (4) that trails duties be assigned to the Natural Resource Coordinator. STAFF RECOMMENDATION: It is recommended that a Trails Task Force be established as outlined above. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve the establishment of a Trails Task Force. OR I move to reject the establishment of a Trails Task Force. Attachments: 1) Minutes of OV Parks and Recreation Advisory Board Meeting for April 27, 2000 2) Oro Valley Trails Task Force Proposal by Joe Winfield Cl',..._____ __-- ----- -4.---.2) ,..—_,....skiD Parks and Recr at n Administrator t //41,9.-7- De-. � •�entH:. 0 iZA- ' / .4 Town M. ager MINUTES ORO VALLEY PARKS & RECREATION ADVISORY BOARD REGULAR SESSION APRIL 27, 2000 TOWN HALL COUNCIL CHAMBERS 11,000 NORTH LA CANADA DRIVE ORO VALLEY, ARIZONA 85737 CALL TO ORDER: 6:14 p.m. ROLL CALL: Karen Baker, Chair Gary Chandler, Vice— Chair Becky Blankenship, Board Member Mark Brosseau, Board Member Diane Milton, Board Member Doug White, Board Member Jo Grant, Board Member- excused CALL TO AUDIENCE: No discussion 1. APPROVAL OF MARCH 16, 2000 REGULAR SESSION MINUTES MOTION: Board Member Diane Milton MOVED to accept the minutes for February 16, 2000 Regular Session meeting, Board Member Doug White SECONDED the motion. Motion UNANIMOUSLY carried. 2. REVIEW PREVIOUS COUNCIL MINUTES; No discussion 3. DENNIS WEAVER PARK—ENHANCED AVIAN HABITAT / TRAILS; STATUS REPORT Karen Novak of Novak Environmental, Inc. presented a proposal for an enhanced avian habitat in the undisturbed desert area of Dennis Weaver Park. She provided the Parks & Recreation Advisory Board Members a plant legend of existing plants and proposed plants that would further enhance the habitat. Ms. Novak explained that the proposal advocates the preservation of existing conditions, incorporation of trails, and enhance vegetation. Ms. Novak described the proposed trail access, keeping the mid part of the habitat intact, adding an educational kiosk, and providing linkages to the rest of Dennis Weaver Park. 4/27/00 Minutes, Parks & Recreation Advisory Board In response to a question by Vice — Chair Gary Chandler, Ainsley Reeder, Parks & Recreation Administrator reported that the anticipated completion date for irrigation and trails would be October 2000. Following discussion, The Parks & Recreation Advisory Board thanked Ms. Novak for a plan well done. 4. PROPOSED ORO VALLEY TRAILS TASK FORCE Joe Winfield, 1481 East Grimaldi Place, Landscape Architect of National Park Services, Rivers, Trails, and Conservation Assistance Program (RTCA)presented the Oro Valley Trails Task Force Proposal. Mr. Winfield discussed the vulnerability of the entire trail systems. Mr. Winfield requested the Oro Valley Parks & Recreation Advisory Board establish a trails task force. He explained that the purpose of the task force would be to identify trails routes, establish construction standards for all trails adopted in the Oro Valley Parks, Open—Space, and Trails (POST) Plan, research land ownership status for all trails identified in the POST Plan, and prioritize threatened trails or trail access. Following discussion, the Parks & Recreation Advisory Board made the following motion. MOTION: Vice - Chair Gary Chandler MOVED to recommend to Town Council the establishment of an Oro Valley Trails Task Force to be composed of Parks & Recreation Advisory Board Members, Town Staff, and residents with their major purpose as outlined by Joe Winfield's proposal. Council is also asked to consider adding trails issues to the Parks & Recreation Work Plan and Planning and Zoning Work Plan. Additionally, it is recommended that trails duties be assigned to the Natural Resource Coordinator. Motion SECONDED by Becky Blankenship. Motion UNANIMOUSLY carried 5. NATIONAL TRAILS DAY TRAILS EXPO Ainsley Reeder, Parks & Recreation Administrator reported that the Parks & Recreation Division would participate in the National Trails Day Trails EXPO that will be held on June 3, 2000 at the Park Mall from 10:00 a.m. to 4:00 p.m. 6. SUBCOMMITTEE / BOARD MEMBERS REPORTS Vice— Chair Gary Chandler reported the Environmental Sensitive Land Ordinance (ESLO) final meeting is Friday, April 28, 2000 from 9:00 a.m. to 3:00 2 4/27/00 Minutes, Parks & Recreation Advisory Board p.m. at the Town Hall Council Chambers, 11,000 North La Canada Drive, Oro Valley, Arizona 85737. 7. PARKS & RECREATION ADMINISTRATOR'S REPORT Ainsley Reeder, Parks & Recreation Administrator reported that Canada Del Oro Riverfront Park completion date has been moved to the end of May. In response to a question by Board Member Diane Milton, Ainsley Reeder, Parks & Recreation Administrator reported that the Ribbon Cutting Ceremony has not been scheduled at this time. Ainsley Reeder reported that the Parks & Recreation Division has hired four new employees. Parks Maintenance Operator III Richard Jiminez, Parks Maintenance Operator I Jason Schlieben, Parks Maintenance Operator Gilbert Montejano and Park Monitor Garry Johnson. Ainsley Reeder reported that a public meeting to discuss issues related to access on Logan's Crossing Trail was held on Tuesday April 25 at 7:00 p.m. at the Town Hall Council Chambers. And on Wednesday, April 26 at 7:00 p.m. at the Town Hall Council Chambers a public meeting to discuss the renovation of Dennis Weaver Swimming Pool was held. Ainsley Reeder commented that approximately 75 people attended the Trail meeting and 4 people attended the Swimming Pool meeting. Ainsley Reeder thanked Diane Milton for her contribution and time she served with the Oro Valley Parks & Recreation Advisory Board. 8. NEXT PARKS & RECREATION ADVISORY BOARD MEETING The next Parks & Recreation Advisory Board meeting will be held May 18, 2000 at 6:00 p.m. in the Town Hall Council Chambers. 9. ADJOURNMENT MOTION: Board Member Doug White MOVED to adjourn the meeting at 8:41 p.m. Board Member Becky Blankenship SECONDED the motion. Motion UNANIMOUSLY carried. Respectfully submitted by, Celine Miles, Recording Secretary 3 Joseph C. Winfield, Landscape Architect National Park Service Rivers, Trails and Conservation Assistance Program (RTCA) 1415 N. 6th Avenue Tucson, AZ 85705 (520) 670-6501 x265 , Oro Valley, AZ) Oro Valley Trails Task Force Proposal March 16,2000 I would like to propose that the Oro Valley Parks and Recreation Commission establish a trails task force. The purpose of the task force would be to: 1) Identify trail routes (on the ground) and establish trail construction standards for all trails included in Oro Valley's adopted Parks, Open Space, and Trails Plan. 2) Research land ownership status for all trails identified above. 3) Prioritize threatened trails or trail access and identify protection options. 4) Evaluate other trail opportunities based on trails inventory completed by the Pima- Pinal Regional Trails Advisory Committee. I recommend that the trails task force be chaired by a member of the Parks and Recreation Commission. Other members of the task force could include town staff, trail users (mountain bicyclist, equestrian, hiker, etc.), Pima Trails Association, interested citizens, etc. Thank you for your consideration. 11 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 7, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: Ainsley Anne Reeder Parks and Recreation Administrator SUBJECT: Master Plan Proposals for Dennis Weaver Park Pool SUMMARY: On April 5, 2000, Council Jeff Chow of Earl Kai Chann Associates, LTD. presented (1) an assessment of the extent and severity of the pool's problems, (2) the scope of work required for renovation, and (3) cost estimates. At that time, Council directed staff to continue working with Mr. Chow to gather public input and develop a master plan for the renovation of the pool. In late April, meetings were held with swim club representatives and the general public to gather information and recommendations regarding the needs of pool users. Minutes of those meetings are attached. Incorporating information gathered from these public meetings, two master plan options have been prepared for consideration. The emphasis of the first master plan is to (1) renovate the pool and bathhouse, and (2) implement upgrades to accommodate pool users, including the addition of shade structures, picnic areas, increased deck space, and storage. The cost of implementing this plan is estimated at $1,000,000. The second master plan includes extensive enhancements to the pool, including a brand new bathhouse, office, and lounge; a major expansion of the pool; the addition of two large shade structures and a volleyball play area; and an expansion of the children's pool and the stadium seating. The estimated cost for this plan is $2,900,000. Attachments: 1) Minutes from Meeting with Swim Club Representatives on April 25, 2000 2) Minutes from Public Input Meeting Regarding the Dennis Weaver Pool on April 26, 2000 3) Master Plan Cost Estimates 4) Master Plan Drawings Parks and Recreati Administrator De - ent ead 4 Town Ma-ager A 7+ S } 1::= rLa ��' y, 1. EARL KAI CHANN ASSOCIATES,LTD. ARCHITECTURE Shao-Li(Jeff)Chow,AIA PLANNING\DESIGN Steven P. Herzog,AIA Proposed Master Plan Dennis Weaver Park Swimming Pool Architect's Job No. 622 May 25, 2000 Master Plan - Option 1 1. Repair and replaster existing pool (per 03.29.00 estimate) $ 763,000.00 2. Modify existing Bathhouse to meet ADA requirement(including replacing existing fixtures and a installing new shower stalls): $ 80,000.00 3. Remodel entry,vending area, &add public lockers: $ 40,000.00 4. Expand deck area; add shade structures, retaining wall &turf: $ 71,560.00 4.1 Deck: 2,400s.f.x$6/s.f. = $14,400.00 4.2 Metal Shade Structure: 2 x$20,000/ea = $40,000.00 4.3 Retaining Wall: 2001.f.x$20/l.f. = $4,000.00 4.4 Turf Area with irrigation: 5,200s.f.x$1.5/s.f.= $7,800.00 4.5 Remove existing, and install new chain-link fence: 240 I.f.x$14/I.f. = $3,360.00 4.6 3'-0" high wrought iron fence: 200 I.f.x$10/I.f. = $2,000.00 5. Wading Pool: $ 30,000.00 5.1 Fabric shade structure: $10,000.00 5.2 Water sprayer: $20,000.00 6. Equipment: $ 3,200.00 6.1 Pool Cover(bubble type): 4 x$800.00 7. Site lighting: $ 6,000.00 8. Construct Storage Room: $ 24,000.00 400 s.f.x$60/s.f. Sub Total: $ 1,017,760.00 Contingency(5%) $ 52,240.00 Preliminary Cost Estimate(Option 1): $ 1,070,000.00 Master Plan - Option 2 1. Repair and replaster existing pool (per 03.29.00 estimate) $ 763,000.00 2. Expand Swimming Pool and deck area (including { equipment): $ 758,000.00 2.1 Pool: 70'x 90' = 6,300 s.f.x $100/s.f.= $630,000.00 • = $128,000.00 2.2 Deck.16,000 s.f.x$8/s.f. 3. Demolish existing bathhouse structure: lump sum $ 20,000.00 4. Construct new bathhouse complex: $ 580,000.00 4.1 Bathhouse:4,500 s.f.x$120/s.f. = $540,000.00 4.2 Equipment Room: 500 s.f.x$80.s.f.-$40,000.00 \3050 North Country Club Road \ Tucson.Arizona 85716.1 603 \ 520.325.5847 \ FAX 520.325.5849 \ www.ekcltd.com i T x' l Y Dennis Wearver Park Swimming Pool Architect's Job No.622 May 25, 2000 Page Two 5. Construct storage rooms,shading structure, deck area: 3,000 s.f.x$50/s.f. $ 150,000.00 6. Expand wading pool with sprayer and deck: $ 96,800.00 6.1 Pool: 800 s.f.x 100/s.f. = $80,000.00 6.2 Deck: 2,800 s.f.x$6/s.f. = $16,800.00 7. Expand bleacher, add storage rooms: $ 80,000.00 7.1 Bleachers w/shade: 701.f.x$200/I.f. = $14,000.00 7.2 Storage: 1,100 s.f.x 60/s.f.= $66,000.00 8. Install touch pads, display boards: $ 50,000.00 9. Install Water Slide(medium): $ 100,000.00 10. Construct metal shade structure:4 x$7,000/ea. $ 28,000.00 11. Construct volleyball play area:4,000 s.f.x$3/s.f. $ 12,000.00 12. Construct retaining wall &turf area: $ 11,900.00 12.1 Retaining wall: 220 I.f.x$20/I.f. = $4,400.00 12.2 Turf area w/irrigation: 5,000 s.f.x$1.5/s.f. =$7,500.00 13. Chain-link fence: $ 6,160.00 440 I.f.x$14/l.f. 14. 6'-0" high wrought iron fence: $ 3,000.00 300 I.f.x$10/I.f. 15. Equipment: $ 45,000.00 15.1 Pool Cover(bubble at$6000.00,thermal stainless reel @ $35,000.00) 15.2 Benches and tables: $10,000.00 16. Site lighting: $ 12,000.00 Sub Total (Option 2): $ 2,715,860.00 Contingency(5%): $ 136,140.00 Preliminary Cost Estimate: $ 2,852,000.00 B--26-220 J:484i'••-1 FROM EARL KA I CHANN ASSOC 5203255849 P_ 2 EARL KAI CMANN q,$aDC eA7'ES.LTD. ARCH,TFC'T .a!'-{t ';-:r,r,'; s I(J t') iE TI G MINUT S Project: Dennis Weaver Swimming Pool Architect's Job No.622 Date: April 25, 2000 Attendees: Ainsley Reeder,Town of Oro Malley,229.5050 Don Enright,Canyon Del aro.High School,(h)546.9963, (w)696.5726 Chad Riester,Swim Tucson,977.5913 Cindy Pouch,Swim Tucson, 615.4997 Stacy Nynyu,Swim Tucson,297.3432 Ryan Gastreich, Pusch Ridge Swim Team.297.6315 Cindy Gastreich,Pusch Ridge Swim Team, 297.6315 Jeff Chow,AIA,Earl Kai Cha n n Associates,Ltd.,325.5547 The purpose of this meeting was to gather the users, swim teams in this case, to provide tfor the Mager Plan ofthe Dennis Weaver Pool, visions, ideas,suggestions to 11w Architect Items discussed: 1. For competition use,coaches prefer stainless steel gutter(need to know the cost), which will provide a deeper gutter for water flow,skimming and discharge. It will also decrease waves(water rebound). 2. Would like to see additional lanes for public and competition use,which will provide more use of the pool. 3. Starting blocks:use removable kind,in lieu of permanent. Typical for both long and short lanes. 4. 10-competition lanes will be ideal, 5. Relocate diving boards to west side. Add starting block at south side_Use moveable type life guard chairs(need 6 total)and a small deck stand at wading pool.From the competitive stand point,coaches will prefer to remove diving boards completely. 6. Dennis Weaver facility is too small,too few parking spaces,and not a proper location fora recreation type pool facility. Consider constructing a new pool somewhere else to emphasize on the recreational aspect. Recently,there are more recreation pools being built, but not enough competition pools.Coaches are afraid the council may prefer a recreational pool,rather than a competition pool facility. 7. The public swims laps at the pool. 8. Coaches agreed unanimously that they need year round pools. Master program(18 and over)need a place to practice. 9_ It is absolutely vital that the pool is open by next tri (April 1,2001), Saguaro Swim Team will be unable to operate if the pool is not ready by that date. 10. Touch pads and display boards are good to have for competition and for big invitational meets:will add $25,000. Water slides range from $30,000 to ° :4C7'>()N'r?h�:C:U►tt,.,r Clutti ReAc:ci t l.i , , S71 0..€ i ,:� �y ' \ l-A . !=•On./�rl��..�1til i�J'/ �~ SC�i j..�. �v.�L•`C� '••1'',V' ' — 1 9:4 9AM FROM EARL KA I CHANN ASSOC 520325E849 p. 3 • Dennis Weaver Swimming Pool Meeting Minutes April 25,2000 Page 2 $100,000, Touch pads and score board are not the highest priority. Can be budgeted into the future capital improvement budget The coaches would be satisfied as long as the pool is fixed. 11. Storage Needs: ■ Need another building,in lieu of numerous sheds cn site. • Swimming equipment(to be managed by each team). ' Starting blocks. 12. Existing bleachers are okay. 13. Increase deck space and shading areas. 14. Need easier access to and from the pool. 15. Could use bleachers for long lanes. Can be portable or be brought in,and placed on east side of pool. 16. Consider moving the fence line farther out to the east, but may drag grass into the pool. 17. Bath House:Currently it is 80 to 90%adequate. Bathroom will be fine if brought up to code. Entry path is extremely inadequate and narrow. 18. Need a trophy case with record boards,etc. 19. Consider constructing a raised deck or bleachers at north end,with storage underneath. 20. There are no lockers for Public use. 21. Existing office is used by Oro Valley Town Staff. Sight visibility to the entire pool is not critical. Used as a retreat for guards. Not adequate space. Need to triple or Quadruple the area in order to use it for first aid. 22. Consider moving vending machines. The existing location and traffic pattern is bad. 23. Consider remodeling bathroom,and build a new one at north side. 24. Consider providing pool covers(tarp or bubble type)for year round use. Will save heating bill, 25. Lane lines need to be replaced. Note:The foregoing constltvte3 ow understanding of miters discussed and conclusions reached_ Participants ere requested to revlew mese items and adv the c nderslgred,In writing,of any errors or ornisfcrs. Relpectfully su fitted, Chow,NA cc:Ainsley Reeder,Fcte 5-26-220 9:SCAM FROM EARL KA I CHANN ASSOC 520.3255849 R 4 EARL KAI QMANN ASSOC,AT ES,LTQ. Nt . NN N(a\cC r'iG N ::+tt i H:7t 74•AD )d A MEETING MINUTES Project: Dennis Weaver Swimming Pool Architect's Job No.622 Date: April 26, 2000 Attendees: Town of Oro Valley Public Ainsley Reeder,Town of Oro Valley,229.5050 Jeff Chow,AIA,Earl Kai Charon Associates,Ltd.,325.5847 The purpose of this meeting was to hear what the public, residents from Oro Valley, have to us.far as their vision and ideas are concerned,for the future of Dennis Weaver Pool. The meeting was advertised in the paper. The turnout was extremely low, 4 people showed up: .1 is a president of Oracle Heights Community Fool, 2 frurn Oro and 1.from Sun City. Items discussed: �. Ainsley gave an overview of the proposed project:The pool is 26 years old. Will cost about$760,000 to repair the existing. Need to fix bathhouse at± $73,000- Will cost a total of±$350,000.00. 2. Amphi,UofA, Flowing Wells Jr.High(not competitive)have 50 meter pool. Oto Valley is the 4th. 3. Budget 2000-2001 includes a proposed position for a pool manager. 4. pro Valley Estates has a solar heated pool, 5. Per Tim Krapp, covered pool will save 50%electrical bills. Bubble type of cover at Oracle Heights (La Cholla and Ina)keeps the pool at 80°. 6. Dennis Weaver Pool will be closed this year. 7. Consider using a bubble to shade the pool. Per Tim,there is a pool at Orange Grove and La Cholla,across from Hospital,east of La Cholla,on north side,that uses a bubble. 8. One Sun City resident stated that she would like to see the pool heated for therapeutic exercise purpose. 9. Tim proposed to investigate a removable, above ground pool(used as a warm-up ,pool in the last summer Olympics). . now The fo lnt ooi'. atutes our ulderstanding of MEWS e$1$4 v.$sed and conclusions reach d. Par icfpen:.$art-requested to review these items and advise the widersIInel,ft,'writing of soy errors cr Dmiss!ors. R- •ec oily sub fitted, JChow,AIA cc:Ainsley Reeder,File '\3C)t,O Nc:rtr9 Or.Aurllry 0ul5 Road \ "1 ur'ion.v,razor uLSA/1 C. 1 I/\. �.:L+'.�L'?:r3 ! '✓v`✓J /.r1K'.',ti7.:C:lii TOWN OF ORO VALLEY 12 COUNCIL COMMUNICATION MEETING DATE: June 7, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: Ainsley Anne Reeder Parks and Recreation Administrator SUBJECT: Proposal by Swim Tucson Foundation for the Development of an Additional Pool at Dennis Weaver Park SUMMARY: At the April 19, 2000 Town Council Meeting, Mr. Chad Reister of Swim Tucson indicated that the Swim Tucson Foundation is interested in building a second pool next to the existing pool at Dennis Weaver Park. Mr. Reister has provided a summary regarding the Foundation's proposal. The Council considered the proposal on May 3, 2000, and directed the Parks and Recreation Advisory Board to review the opportunity for a possible recommendation. On May 18, 2000, the Parks and Recreation Advisory Board reviewed the proposal and determined that there was not enough information available to provide a recommendation. They requested that additional details be provided by Swim Tucson and continued the item until their June 5, 2000 meeting. Staff will forward the results of the PRAB meeting and a recommendation to the Council prior to the June 7th meeting. Parks and Re`I tion Administrator •• •. , entHe.: Town Man.ger TOWN OF ORO VALLEY ADDENDUM - Item 12 COUNCIL COMMUNICATION MEETING DATE: JUNE 7, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: Ainsley Anne Reeder Parks and Recreation Administrator jUtipaElpti _s'k'i Tov SUBJECT: Proposal for Second Pool at Dennis Weaver Park SUMMARY: As discussed at the May 3, 2000 Town Council Meeting, Swim Tucson Foundation has proposed that a second pool be placed at Dennis Weaver Park. This pool would be financed and built by the Foundation. The Town would own and operate the pool. (The exact method of financing has not been disclosed, so it is unclear as to whether the equipment installed would be pledged as collateral.) In exchange for financing and building the pool, the Foundation would receive priority scheduling for team practices and activities. As directed by Council, the Parks and Recreation Advisory Board (PRAB) considered the proposal on May 18, 2000 and again on June 5, 2000. At the June 5 meeting, Mr. Chad Reister made a presentation to the Board on the basic elements of the proposal and fielded questions. Staff also made a presentation, emphasizing the following points: 1. BUDGET: The Swim Tucson Foundation has stated that the anticipated maintenance cost of the proposed pool is $45,000 annually. This would be an annual expense to the Town. This figure has not been included in the Fiscal Year 2000-2001 Parks and Recreation Budget. Staff anticipates that if the second pool were to be built, this $45,000 would be deducted from another part of the budget. A $45,000 deduction to cover this unanticipated expense would seriously impact the existing programs as budgeted. Additionally, requesting an increase in the budget to cover the additional operational cost is not feasible due to the budget shortfall. 2. PERSONNEL EXPENSE: The operational expense described above does not include any personnel expenses that the Town would incur in an attempt to utilize the pool for public use. During the June 5 meeting, Mr. Reister estimated that additional personnel cost to the Town for the second pool would be at least $20,000. As explained above, no additional funding has been included in the new budget to cover these expenses. 3. MASTER PLAN: The Town recently completed that Master Planning process for the renovation of the existing Dennis Weaver Pool. The master plan alternative that staff will be recommending preserves existing trees, expands services for recreational users, and corrects all existing pool and bathhouse deficiencies. The installation of the second pool would substantially decrease the space available for amenities identified as important in the master planning process. Additionally, the installation of a second pool as proposed would require that three to four mature trees be removed. (Mr. Reister has stated that he would be willing to try to work around the trees.) The second pool would also bring the facility dangerously close to the enhanced avian habitat to the east. 4. TIME LINE: The Town Council has established April 2001 as a critical completion date for the renovation of the existing Dennis Weaver Pool. The negotiation of an agreement, reworking the master plan and construction of a second pool will cause a minimum three- month delay in the completion of the renovation of the existing Dennis Weaver Pool. STAFF RECOMMENDATION: It is staff's conclusion that Dennis Weaver Park is not the appropriate location for a second pool. Additionally, given the time constraints and financial liabilities outlined above, pursuing the renovation of the existing pool is the most prudent course of action to meet the goal — to reinstate quality aquatic services at Dennis Weaver Park by April of 2001. • Parks and Recra ioi Administrator • -p-4 -entHead • . ,, , . ''-iter Of TOWN OF ORO VALLEY Item 13 ADDENDUM COUNCIL COMMUNICATION MEETING DATE: June 7, 2000 TO: HONORABLE MAYOR & COUNCIL JUN ?'ri22 ice." TOV FROM: Brent Sinclair, AICP, Community Development Director SUBJECT: ADDENDUM TO PROPOSED AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED, CHAPTER 4, AMENDING SECTION 4-504 (F) PUBLIC ART PROVISIONS SUMMARY: The suggested motion was accidently deleted from the Council Communication. Listed below is the suggested motion as it should have appeared. SUGGESTED MOTION: I move 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. OR I move 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, with the following amendments: StiAL Community Development Dir: tor i Town Manager 1--- 1 3- TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 7, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: H. Brent Sinclair,AICP, Community Development Director ORDINANCE (0)00-19 SUBJECT: PUBLIC HEARING — PROPOSED AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED, CHAPTER 4, AMENDING SECTION 4-504 (F) PUBLIC ART PROVISIONS BACKGROUND: On September 3, 1997, the Mayor and Council adopted Ordinance No. (0) 97-27, amending the Oro Valley Zoning Code Revised, Chapter 4, adding a new Section 4-504 F., Public Art Provisions. This section has since been amended twice; adding the Public Art Review Committee (PARC) and amending submittal requirements. At the forefront of this latest proposal is Mr. Robert Weede, President of the Greater Oro Valley Arts Council. The main objective of the current proposal is to create a funding mechanism for public arts that the whole town can enjoy while leavingthe bulk of the existing on-site requirements intact. Under the current zoning code, all o commercial developers are required to construct and display public art equal to 1% of the total building construction cost in proximity to their proposed building. This proposed amendment would allow commercial projects valued at or below $500,000, the option to build the 1%($5000) public art on-site or contribute the 1%to a newlycreated Public Arts Endowment Fund. Likewise, commercial projects valued at or above $10,000,000 o would have the option to use all 1% for on-site public art or contribute that portion of the 1% over $100,000 to the Public Arts Endowment Fund. Other features of this proposal include: • Revision of Section 4-504 (F)(3)C. • Adding wording that allows the artist to display their name on a small plaque. • g Ex andin the definition of Public Art to include facilities used by and for the public for the production and Expanding promotion of the arts. • Adding wording to Section 4-504(F)(6) to further clarify and encourage coordinated art projects within commercial centers. • Establishment of a Public Arts Endowment Fund. SUMMARY: Staff agrees the proposal in general will help create a greater public art program by creating new flexibility and options for developer contributions. The final draft is the result of considerable discussion between staff, the Planning and Zoning Commission, The Town Council and the Greater Oro Valley Arts Council. Two separate actions will be required to implement the proposal. The first action will be the amendment of Section 4-504 of the Oro Valley Zoning Code Revised. The second will be the creation of the Public Arts Endowment Fund in Chapter 6, Article 6-1-6 of the Town Code. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 GENERAL PLAN CONFORMANCE: Staff has evaluated the ordinance language against the General Plan Cultural and Historic goals and policies and finds the following. Cultural and Historic Resources Element The Public Arts Projects ordinance does conform to: 1. The policy direction described in the cultural and historic resources element of the General Plan, which stipulates that "the goals articulated by the Arts Advisory Board shall form the basic guideposts and shall define the direction of all arts activities, as the Town of Oro Valley recognizes the vital role they play in a Community of Excellence!"and 2. Table 4.10.5-1, Cultural and Historic Resource Element Strategic Implementation for providing a percent for art ordinance. STAFF RECOMMENDATION: Staff recommends approval of the amended text for Chapter 4 Section 4-504 (F) Public Art Provisions and a new section of the OV Town Code as set forth in the attached draft, with any additions, corrections or revisions deemed appropriate. The Planning and Zoning Commission held a public hearing at their March 7, 2000 Commission meeting, and made the following recommendation: MOTION: Commissioner Briggs MOVED to forward this item to Town Council recommending approval,with the amended text for Chapter 4 Section4-504(F) Public Art Provisions and the establishment of a Public Art Fund, specifically changing item number 3 of the Establishment of a Public Art Fund to make that a total of five members of the Public Art Fund Review Committee, so that will be two members of GOVAC, two members of Town of Oro Valley staff, and one citizen. Chair Douglas suggested a friendly amendment to the motion: That the Commission would embrace the verbiage from the letter submitted by Mr. Weede, representing the Greater Oro Valley Arts Council, and that those items be brought forward to Mayor and Council to stimulate further discussion for the administration of the Establishment of a Public Art Fund. MOTION carried by a 5-1 (Commissioner Ruble abstained). TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 3 ATTACHMENTS: 1. Proposed Amended Text for OVZCR Chapter 4 Section 504(F). 2. Ordinance No: 0(00)- 19 . 0-1( Plannin and Zoning Administrator .7;)1A/1-14, Community Development Dire y 'or • / T i wn na :er /64,- FAZONECODEZCRVI\AMENDEDPUBLICARTTCO DEVELOPMENT PLAN Sec. 4-504 F. Public Art Provisions 1. All new commercial employment related projects, as well as all existing developments that propose 25% or more expansion and/or change in use shall contribute 1% of the building construction cost towards public arts projects. 2. A note shall be included on the development plan that states that the applicant shall be responsible for allocating 1°/0 of the cost of all private projects to provide funding for public art. 3. Public Art Review Committee a. The Public Art Review Committee shall be composed of 3 to 5 members, appointed by the Planning and Zoning Administrator. Members shall include at least one artist, one architect, and one private citizen. b. A color rendering or model shall be reviewed by PARC, and a recommendation for the design and location shall be sent to the Town Council for their approval. c. The public art must be approved by the Town Council within 90 days of the prier-to issuance of building permit. 4. All financial arrangements are negotiated between the developer and the artist(s) and should be verified in a written agreement. Copies of the signed contracts between the developer and the artist(s) shall be submitted to the Town of Oro Valley Planning and Zoning Administrator for certification as complying with the dollar amount prior to issuance of the Certificate of Occupancy. Completion of the artwork is required before a Certificate of Occupancy may be issued. 5. The installation of the artwork will be done in a manner that will protect the artwork and the public. Continued maintenance of the artwork shall be the responsibility of the owner. 6- Individual owners within a commercial center may are encouraged to contribute to a major . coordinated art project for the entire center. Art shall be constructed upon the completion of 50% of the commercial center based on the approved development plan. 7. Public artwork: a. shall be defined as art accessible to public viewing at least forty (40) hours each workweek. b. Shall be on-site and preferably on the exterior of the building. Art my be located within the building in a retail or hotel project, but not in an office project. c. Shall be permanently affixed. Oro Valley Zoning Code Revised (Rev.9/99) 4-37 Sec. 4-504 DEVELOPMENT PLAN d. Examples of the kinds of art projects to be considered as public artwork include, but are not limited to: sculpture—freestanding, wall-supported or suspended; murals or paintings; earthworks, fiberworks, mosaics; and building features and fixtures, like bike racks, benches, fountains or shade screens, which are unique and/or produced in limited editions by an artist. A portion of the 1°/0 may also be used to construct performing art facilities used for and by the public for the promotion and production of the arts. e. The following generally are not considered to be art, and, therefore, should not be offered to satisfy the requirements of this ordinance: ordinary directional or standard such as graphics or color-coded location indicators; mass-produced or standard "off-the-shelf' playground equipment, fountains, or statuary; most art reproductions; ordinary landscaping, which normally would be associated with the project; and the services or utilities necessary to operate or maintain artworks over time. 8. For commercial projects where the total building construction cost is $500,000 or less, the owner may elect to contribute the 1% ($5,000) to the Oro Valley Public Arts Endowment Fund or any specifically approved art project in the Arts Endowment Fund or to an approved joint art project planned for the development that contains the contributor's building. For commercial projects where the building construction cost is$10,000,000 or more, the owner may elect to contribute that portion if the 1% over $100,000 to the Oro Valley Public Arts Endowment Fund or to any specifically approved art project in the Arts Endowment Fund. 9. Art projects may have a small plaque not to exceed 80 square inches in size identifying the work, artist, and contributors. Oro Valley Zoning Code Revised (Rev.9/99) 4-38 ORDINANCE NO. (0)00- 19 AN ORDINANCE OF THE TOWN OF ORO VALLEY,ARIZONA, RELATING TO AMENDMENTS OF THE ORO VALLEY ZONING CODE REVISED,CHAPTER 4,AMENDING SECTION 4-504 F. PUBLIC ART PROVISION; ESTABLISHING THESE AMENDMENTS AS PART OF THE ORO VALLEY ZONING CODE REVISED,AND FIXING THE EFFECTIVE DATE THEREOF; PRESERVING RIGHTS AND DUTIES THAT HAVE ALREADY BEEN ASSURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER. BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. Oro Valley Zoning Code Revised,Chapter 4,amending Section 4-504 F.,Public Art Provision,is hereby amended to read: CHAPTER 4 SUBDIVISIONS AND DEVELOPMENT PLANS ARTICLE 4-5 DEVELOPMENT PLAN Sec.4-504 Contents; Identification and Description All development plan submittals shall contain the following: E. Public Art Provisions 1. All new commercial employment related projects, as well as all existing developments that propose 25% or more expansion and/or change in use shall contribute 1% of the building construction cost towards public arts projects. 2. A note shall be included on the development plan that states that the applicant shall be responsible for allocating 1% of the cost of all private projects to provide funding for public art. 3. Public Art Review Committee a. The Public Art Review Committee shall be composed of 3 to 5 members, appointed by the Planning and Zoning Administrator. Members shall include at least one artist, one architect, and one private citizen. b. A color rendering or model shall be reviewed by PARC, and a recommendation for the design and location shall be sent to the Town Council for their approval. c. The public art must be approved by the Town Council within 90 days of the issuance of a building permit. 4. All financial arrangements are negotiated between the developer and the artist(s) and should be verified in a written agreement. Copies of the signed contracts between the developer and the artist(s) shall be submitted to the Town of Oro Valley Planning and Zoning Administrator for certification as complying with the dollar amount prior to issuance of the Certificate of Occupancy. Completion of the artwork is required before a Certificate of Occupancy may be issued. 5. The installation of the artwork will be done in a manner that will protect the artwork and the public. Continued maintenance of the artwork shall be the responsibility of the owner. 6- Individual owners within a commercial center are encouraged to contribute to a coordinated art project for the entire center. Art shall be constructed upon the completion of 50% of the commercial center based on the approved development plan. 7. Public artwork: a. shall be defined as art accessible to public viewing at least forty (40) hours each workweek. b. Shall be on-site and preferably on the exterior of the building. Art may be located within the building in a retail or hotel project, but not in an office project. c. Shall be permanently affixed. d. Examples of the kinds of art projects to be considered as public artwork include, but are not limited to: sculpture—freestanding, wall-supported or suspended; murals or paintings; earthworks, fiberworks, mosaics; and building features and fixtures, like bike racks, benches, fountains or shade screens, which are unique and/or produced in limited editions by an artist. A portion of the 1% may also be used to construct performing art facilities used for and by the public for the promotion and production of the arts. e. The following generally are not considered to be art, and, therefore, should not be offered to satisfy the requirements of this ordinance: ordinary directional or standard such as graphics or color-coded location indicators; mass-produced or standard "off-the-shelf' playground equipment, fountains, or statuary; most art reproductions; ordinary landscaping, which normally would be associated with the project; and the services or utilities necessary to operate or maintain artworks over time. 8. For commercial projects where the total building construction cost is $500,000 or less, the owner may elect to contribute the 1% ($5,000) to the Oro Valley Public Arts Endowment Fund or any specifically approved art project in the Art Fund or to an approved joint art project planned for the development that contains the contributor's building. For commercial projects where the building construction cost is$10,000,000 or more, the owner may elect to contribute that portion if the 1% over $100,000 to the Oro Valley Public Arts Endowment Fund or to any specifically approved art project in the Arts Endowment Fund. 9. Art projects may have a small plaque not to exceed 80 square inches in size identifying the work, artist, and contributors. SECTION 2. All ordinances and parts of ordinances in conflict with provisions of this ordinance or any part of the amendments to the Oro Valley Zoning Code Revised adopted herein by reference are hereby repealed on the effective date of this ordinance. SECTION 3. Repeal of all ordinances and parts of ordinances in conflict with the provisions set forth herein or any part of the amendments to the Oro Valley Zoning Code Revised adopted herein by reference does not affect rights and duties that have matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 4. If any section , subsection, sentence, clause, phrase or portion of the ordinance or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 7th day of June 2000. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier,Town Clerk APPROVED AS TO FORM: Dan L. Dudley,Town Attorney 1.4 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 7, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: H. Brent Sinclair, AICP, Community Development Director ORDINANCE NO. (0)00-20 SUBJECT: PUBLIC HEARING — PROPOSED AMENDMENTS TO THE ORO VALLEY TOWN CODE, ARTICLE 6-1, ESTABLISHING A PUBLIC ARTS ENDOWMENT FUND. SUMMARY: This is a companion request to the previous item and if approved would create a Public Arts Endowment Fund. An endowment fund would provide a perpetual stream of revenue to fund arts in Oro Valley. The definition of "public arts" would be much broader under the endowment than it would in the existing 1% Public Art Program. Examples of art funded through the endowment might include art education, art performance areas, art performances, art works and sculptures. It would not be limited to visual art. Once the Fund is established it would draw revenue from different sources. The primary source would be contributions from developers that use the option provided in Section 4-504 (F)(8), which was one of the amendments presented in the previous agenda item. Other revenue sources for the endowment would be tax- deductible gifts and contributions from individual or group donors. Another source would be grants from public entities and foundations that support the Arts. Finally, the endowment itself would be structured to invest a specified portion of the principle and general investment interest. STAFF RECOMMENDATION: Staff recommends approval of the proposed amendments to Article 6-1, of the Oro Valley Town Code with any additions, corrections or revisions deemed appropriate. SUGGGESTED MOTION: I move to approve Ordinance No: (0) 00-20 adopting amendments to the Oro Valley Town Code, Article 6-1, as attached. OR I move to approve Ordinance No: (0) 00-20 adopting amendments to the Oro Valley Town Code, Article 6-1, with the following amendments: TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 ATTACHMENTS: 1. Ordinance No. 0(00)-20 . 2. Information: Arizona Community Foundation. /77 „. • (-4ti Commun. D-velopment Direc •r T•' F:\ZONECODE\ZCR\4\AMENDEDPUBLICARTTCC\ ORDINANCE NO. (0)00- 20 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, RELATING TO AMENDMENTS TO THE ORO VALLEY TOWN CODE, CHAPTER 6, AMENDING ARTICLE 6-1, ESTABLISHING A PUBLIC ARTS ENDOWMENT FUND, DEFINING THE PURPOSE AND FUNCTION OF THE FUND, ESTABLISHING HOW THE FUND WILL BE MANAGED AND MAINTAINED, CREATING A PUBLIC ARTS ENDOWMENT ADVISORY COMMISSION TO REVIEW AND MONITOR PROJECTS FUNDED; ESTABLISHING THESE AMENDMENTS AS PART OF THE ORO VALLEY TOWN CODE, AND FIXING THE EFFECTIVE DATE THEREOF; PRESERVING RIGHTS AND DUTIES THAT HAVE ALREADY BEEN ASSURED AND PROCEEDING THAT HAVE ALREADY BEGUN THEREUNDER; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. Oro Valley Town Code, Chapter 6, Article 6-1, Section 6-1-6, is hereby amended to read: CHAPTER 6 BUILDING ARTICLE 6-1 BUILDING CODE Section 6-1-6 ESTABLISHMENT OF A PUBLIC ARTS ENDOWMENT FUND A. The Town Council shall create a Public Arts Endowment Fund. The purpose of this endowment is to create perpetual source of revenue to fund meaningful public arts in Oro Valley. Meaningful public arts would include arts education, arts performance areas, arts performance, art works and sculptures, and other arts deemed appropriate. Contributions to the fund will come from the following sources: • 1. Contributions from developer projects as described in Chapter 4 Section 4- 504 F. (8) of the Oro Valley Zoning Code Revised. 2. Any other contribution or donation from a person, group, organization or business specifically earmarked for the Public Arts Endowment Fund. B. The Town shall select a fund administrator to manage the Public Arts Endowment Fund. 1. An Endowment Fund Agreement between the Town and the fund administrator shall be approved and shall define specific guidelines for the administration and expenditure of funds. 2. The balance of funds shall not be less than the total in-lieu-of contribution to date unless a major art project is approved by the Town Council. 3. Individual one-time expenditures shall not reduce Endowment principal by more than 25%, nor 25% of total to-date contributions, which ever is less. 4. Approved projects will not be initiated and contracts with artists will not be approved until 100% of the funds necessary to complete the project are in the Arts Endowment Fund. 5. Interest earnings from the Endowment Fund may be used to fund budgetary requests from the Greater Oro Valley Arts Council (GOVAC) and other Town Council approved Arts projects. C. A Public Arts Endowment Advisory Commission (PAEAC) shall be established by the Town Council and shall be comprised of one member from Town of Oro Valley staff, one member from GOVAC, one active artist, one arts fund administrator, and one Oro Valley citizen. 1. The PAEAC shall receive and review all project proposals which request funding from the Public Art Endowment Fund. 2. The PAEAC shall forward all recommended projects to the Town Council for final Funding approval. 3. The PAEAC shall develop criteria, policies and procedures for project submittal and approval. SECTION 2. All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the amendments to the Oro Valley Town Code adopted herein by reference are hereby repealed on the effective date of this ordinance. SECTION 3. Repeal of all ordinances and parts of ordinances in conflict with the provisions set forth herein or any part of the amendments to the Oro Valley Town Code adopted herein by reference does not affect rights and duties that have matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of the ordinance or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 7th day of June 2000. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney Non Profit Endowments (Perm.anent Designated Funds) TheArizona CommunityFoundation's "cy pres" authority Fau.n i n (ACF) holds and allows the fund income to be dat..o, endowment redirected to another charity with a. manages permanent end similar mission and objectives funds for non-profit organizations - investing charitable assets to followingthe ci hues. wr lT.es i u a steadyperpetuity. generate stream .o. . income for the charities. 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Arizona Community Foundation has can receive present tax benefits, the necessary experience and. skills minimize estate and gift taxes at to assist in setting up, managing death, receive.. an_ income stream for and marketing the non. profit life and support th.e-charity or endowment fund for..the...l.o.ng-te.rm.. charities, b ene fit of the Endowments are also wonderful WHY DO GIFTS TO ENDOWMENT repositories for charitable APPEAL TO DONORS? bequests - gifts made in a will to insure continued support of the They ensure that the donor's gift organization. will last forever. Though the organization may now be .receiving.. WHAT. ARE..T.HE..ADVANTA,GES annual gifts from a donor, a OF PLACING AN ENDOWMENT contribution to a nonprofit WIT.H...TH _.SRIZONA endowment will allow that donor to COMMUNITY FOUNDATION? provide continuing..support to the organization even after the donor's Endowment building is our death. business, The Arizona Community Foundation holds and manages over Community Foundation management $270 million in assets, assumes the of an endowment builds donor trust. administrative tasks involved in The Foundation provides assurance managing investments, provides that principal will. not be invaded regular reporting and interest indiscriminately. Should the payments to charities, organization cease operation, the 02/?8/2000 i6: 27 bL1281.1.575 AZ COM FNDTH PAGE 03 • Our portfolio is diversif1ed (60% FEES: Equity, 40% Fixed Income), managed by professional money managers,. and An annual fee is charged on overseen by an Investment permanent endowments at the Committee of seasoned investment Arizona Community Foundation. For and business professionals who meet non profit endowments this fee is a bi-monthly to review performance maximum of 3/4 of 1% of asset value (see "Investment Management" or $250, whichever amount is insert). greater. The larger your endowment the lower your fee. So rapid growth Working with the Community of the endowment fund quickly Foundation can multiply your increases its cost effectiveness. marketing. potential. The Fees provide for fund administration endowment fund will appear in the and quarterly reporting. Foundation's Annual Report exposing your fund to other potential INCOME DISTRIBUTION: donors. The annual net income of the Fund Foundation staff will provide can be distributed in annual or more technical assistance to your frequent (quarterly) intervals and organization's endowment building, may be used for whatever purposes providing support in planned gvi � ,.. the organization chooses. The visits with donors, review of organization can also maintain some literature and in talking with estate access to principal should planning professionals who may circumstances require it, with advise clients on charitable giving, to approval of both the organization's the fund. board and the Foundation board. HOW DOES A NONPROFIT DID YOU KNOW? ORGANIZATION ESTABLISH AN ENDOWMENT WITH ACE? The Arizona Community Foundation currently holds and manages over 50 A Designated Fund Agreement is Arizona organization endowments. executed between the organization These charitable organizations have and the Arizona Community placed their organizational Foundation. The fund is then endowments with ACF as a means of capitalized with an initial protecting those charitable funds for contribution of at least $5,000. the future. Donations to any of Often a single donor or donors will these funds are welcome, provide this first endowment gift or the fund is capitalized with accumulated excess revenue, . FOR FURTHER INFORMATION CONTACT: Contributions maybe made of cash, Arizona CommunityFo u nd ation securities, real or personal property, 2122 E. Highland Ave. Suite 400 Additions can be made to the Phoenix, AZ 85016 endowment at any time by Phone(602)381-1400 Fax 381- 1575 individuals, businesses, or through fund raising events. 9199 ® A TOWN OF ORO VALLEY 15P COUNCIL COMMUNICATION MEETING DATE: June 7,2000 TO: HONORABLE MAYOR & COUNCIL FROM: Bryant Nodine, AICP, Planning and Zoning Administrator SUBJECT: OV12-00-03 RANCHO VISTOSO NEIGHBORHOOD 3 PHASE 1 PRELIMINARY BLOCK PLAT FOR LOTS ON EITHER SIDE OF THE COMMERCE LOOP ALIGNMENT SOUTH OF RANCHO VISTOSO BOULEVARD: REQUEST FOR RECONSIDERATION OF CONDITIONS OF APPROVAL SUMMARY Mr. Richard Maes of Vistoso Partners, L.L.C. has submitted a letter (attached) requesting reconsideration of Condition 4b in Exhibit A, 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. Maes proposes that the trade area be at a 1:1 proportion to the encroachment. Thero osed encroachment p p is approximately 9 acres and approximately 14 acres is stipulated as the trade area by the above condition. He proposes that he will work with staff to identify an appropriate trade area. After evaluating the applicants proposal, Staff will provide a supplemental report prior to the Council hearing. Attachments: 1. Letter from Mr. Maes to Mayor Loomis dated May 25, 2000 „diCIJ Ami)stL Planning It Zonin Administrator Co - it I evelopment D. ector / i F:\ov\ov12\2000\12-00-03\TC PP Report2 5-3-00.doc ir own anager , 05/25/00 15:00 FAX 480 893 1604 VISTOSO PARTNERS . 002 VIsToso PARTNERS, L.L.C. 1121 WEST WARNER ROAD • SUITE 109 • TEMPE, ARIZONA 85284 (480) 831-2000 • FAX (480) 893-1604 May 25, 2000 Via Facsimile Paul Loomis, Mayor TOWN OF ORO VALLEY 11000 North La Canada Drive Oro Valley, Arizona 85737 Re: Request for Reconsideration Dear Mayor Loomis: As you know, on May 17, 2000, the Town Council approved a preliminary blockp lat for Neighborhood 3 of Rancho Vistoso. One of the stipulations to thelatapproval p required that Vistoso Partners dedicate to the Town 12 acres in the southern portion of Neighborhood 4 and designated by the Town as mesquite bosque, in exchange for encroaching into 9.36 acres of PAD open space in Phase 1 of Neighborhood 3. Vistoso Partners respectfully requests that the Council reconsider requiring this dedication as a stipulation of approval of the plat. The open space boundaries on the Rancho Vistoso PAD map are approximations only. Thus, It has been the practice of the Town and Vistoso Partners top ermit encroachment into the mapped open space if an area mapped as developable is "traded" and left as open space. In the prior dozen or so times that this has occurred, both the Town and Vistoso Partners have agreed that a one-to-one acreage trade ratio is appropriate. With the preliminary block plat approval for Neighborhood 3, however, the Town is requiring a greater acreage trade ratio. This requirement is troublesome for several reasons. First, requiring greater q 9 a acreage trade ratio penalizes Vistoso Partners for proposing to developland that the Town considers less important from an environmental perspective, and preserving land that the Town considers more important. Second, it takes land currently planned for commercial uses (which is more valuable to Vistoso Partners and, from a sales tax perspective, more valuable to the Town) and designates it as open space. Finally, it violates the Town's previous policy, as established over the last several years. Paul Loomis, Mayor 05/25/00 15:00 FAX 480 893 1604 VISTOSO PARTNERS 01003 May 25, 2000 Page 2 Vistoso Partners recognizes the Town's desire to preserve as much of the mesquite bosque as possible. Accordingly, in the interest of resolving this issue and in the spirit of cooperation, we are prepared to dedicate 9.36 acres of the mesquite_ bosque located in Neighborhood 4 to the Town as trade for 9.36 acres in Neighborhood 3 we are planning to develop. We will work with Town staff to identify the appropriate 9.36 parcel. If this proposal is unacceptable, we will be forced to appeal the stipulation attached to Council's May 17, 2000 plat approval pursuant to A.R.S. §9-500.12. The Council's actions are administrative in nature, and thus qualify for consideration by the Town's hearing officer. We do not believe that the Town will be able to demonstrate that the required dedication of 12 acres of high value and environmentally sensitive land is roughly proportional to the impact of developing 9.36 acres of mapped open space with a lower environmental value. I appreciate your consideration, and hope that we can resolve this issue as outlined in this letter. Sincerely, P,CjitC(Af)( %CU/4J Richard Maes RM:mpf TOWN OF ORO VALLEY 16 COUNCIL COMMUNICATION MEETING DATE: JUNE 7th, 2000 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: RESOLUTION NO. (R) 00-59 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF TUCSON FOR PURCHASE OF WHOLESALE WATER DURING EMERGENCY SITUATIONS SUMMARY: During the Town's response to the emergency water supply situation in the Countryside service area last week it was discovered that no intergovernmental agreement exists between the Town of Oro Valley and the City of Tucson for the purchase of water during these emergency situations. The City Attorney's office for Tucson is currently in the process of sending Oro Valley an intergovernmental agreement to address the current situation for the Countryside area. This Resolution and Intergovernmental Agreement will be distributed prior to the Council Meeting on June 7th, 2000. ATTACHMENTS: 1. RESOLUTION NO. (R) 0059 APPROVING AN dt: INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF TUCSON FOR PURCHASE OF WHOLESALE WATER DURING EMERGENCY SITUATIONS (To be delivered prior to the June 7th, 2000 meeting) SUGGESTED MOTION: I make a motion 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. 01,„,d , r Chuck Swe-t, Town Manager