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AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION DECEMBER 1, 1999 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 6:00 P.M. Pursuant to ARS 38-431.03(A)(1) Personnel Matters relating to Development Review Board Chairperson Patti Jo Lewis RESUME REGULAR SESSION AT OR AFTER 7:00 P.M. ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE —According to the Arizona Open Meeting Law, the Town Council may only discuss matters listed on the Town Council Agenda. Matters brought up by the public under "Call to Audience"cannot be discussed by the Town Council as they have not been placed on the agenda. Any items must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience'; please specify what you wish to discuss when completing the blue speaker card. 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 11/15/99; 11/17/99 B. Building Codes Activity Report — October 1999 C. Police Report— October 1999 D. Budget and Bond Committee Report to Council for Quarter Ended September 30, 1999 and Council Acceptance of Town Financial Audit for the FY Ended June 30, 1999 E. OV12-98-02B Stone Canyon Entryway Landscape Plan, Rancho Vistoso Neighborhood 11, located at the end of Vistoso Highlands Drive, west of Rancho Vistoso Boulevard 12/01/99 Agenda, Council Regular Session 2 2. POSSIBLE DISCUSSION AND/OR ACTION RELATING TO PERSONNEL MATTERS INVOLVING DEVELOPMENT REVIEW BOARD CHAIRPERSON PATTI JO LEWIS (Continued from 11-17-99) 3. PUBLIC HEARING - LIQUOR LICENSE APPLICATION - PERSON TRANSFER LIQUOR LICENSE - FRY'S FOOD & DRUG #18, 10661 NORTH ORACLE ROAD 4. PUBLIC HEARING - ORDINANCE NO. (0)99-59 AMENDING THAT PORTION OF THE ROONEY RANCH PAD, ORDINANCE NUMBER (0)89-4, KNOWN AS THE ORO VALLEY CENTER, PARCEL D SIGN GUIDELINES BY REFERENCE AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT HEREWITH 5. ANNEXATION OF STATE LAND PROPERTY LOCATED NORTH OF THE ORO VALLEY TOWN LIMITS (DISCUSSION AND/OR POSSIBLE ACTION) 6. IMPLEMENTATION OF PROGRAMS TO REDUCE TOTAL COLIFORM EVENTS AND MODIFY THE BUDGET FOR FISCAL YEAR 1999-00 7. RESOLUTION NO. (R)99-111 AUTHORIZING A CONTRACT BETWEEN THE TOWN OF ORO VALLEY, ARIZONA AND BURNS WALD-HOPKINS FOR ARCHITECTURAL AND ENGINEERING SERVICES RELATED TO THE NEW TOWN OF ORO VALLEY PUBLIC LIBRARY 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 12/01/99 Agenda, Council Regular Session 3 POSTED: 11/24/99 4:30 P.M. lh A packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:30 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 297-2591. INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. A• DitAtz- MINUTES OF THE ORO VALLEY TOWN COUNCIL JOINT SPECIAL SESSION WITH FIRE ADVISORY COMMITTEE NOVEMBER 15, 1999 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE SPECIAL SESSION—AT OR AFTER 7:00 P.M. CALL TO ORDER: 7:03 P.M. PRESENT: ORO VALLEY TOWN COUNCIL: Paul Loomis, Mayor Dick Johnson, Vice Mayor Paul Parisi, Council Member Francis LaSala, Council Member Wayne Bryant, Council Member FIRE ADVISORY COMMITTEE: Jan Kvancz, Chair Fred McCulloch J.J. Northam Ron Koslowski Herb Rutt FIRE ADVISORY COMMITTEE RECOMMENDATIONS REGARDING STRATEGIC PLAN FOR FIRE AND EMERGENCY MEDICAL SERVICES Town Manager Chuck Sweet reviewed the following staff recommendations: A. Accept the Strategic Plan for Fire and Emergency Medical Services as prepared by ESCG, dated July 1999. B. Using the Strategic Plan as a resource document develop a Fire and EMS Services Implementation Plan for an Oro Valley Fire Department that can be reviewed by the Town Council within a one-year period that will address the following: 1. Equal level of Fire and Emergency Medical Services within the town limits of Oro Valley. 2. Development of a taxing structure for improved property in Oro Valley that would equalize rates for Fire and EMS throughout the Town of Oro Valley. 3. Identification of future fire stations that best serve the entire Town of Oro Valley. 4. Analysis of the pros and cons of adding a permanent staff position of Fire Marshal to the Town's Classification Plan. 5. Preparation of a"draft" RFP calling for the provision of Fire/EMS Personnel and associated equipment to provide Fire/EMS services to the 11/15/99 Minutes, Council/Fire Advisory Committee Special Session 2 citizens of Oro Valley @ Fire Stations owned and maintained by the Town of Oro Valley. C. Immediately establish a town staff review committee (Town Manager, Police Chief, Building Administrator, etc.) that would review quarterly the Fire and EMS calls for the previous quarter. This staff review committee would then produce a summary report for the Town Council. Fire Advisory Committee Chair Jan Kvancz reviewed the following recommendations of the FAC and the Citizens Focus Group: 1. Golder Ranch Fire Department be the primary fire and emergency medical service provider for the entire Town of Oro Valley. The Town should sign an IGA with GRFD to provide fire protection and emergency medical services as recommended in "Oro Valley Evaluation of Emergency and Non-Emergency Services," September 1998 Appendix "A". Appendix "A 1" CFG summary of costs, etc. Appendix "B" pertinent information regarding recommendation#1, Pages 40, 41 "Town of Oro Valley Fire Services Strategic Plan" July 1999 report, "Fire Department Evaluation—Update." Based on all of this information, the CFG and FAC support this recommendation. 2. The Town should contract with Rural/Metro to provide basic life support ambulance transportation and advanced life support backup to Golder Ranch, Appendix "C". 3. Adopt and implement the Performance Objectives & Targets as outlined on pages 30, 31 "Town of Oro Valley Fire Services Strategic Plan" as soon as possible. Appendix "D". 4. Monitoring—The CFG recommends that current members of the FAC along with four (4) citizens from the CFG monitor the Town Council progress and the fire and emergency medical services providers to implement the Performance Objectives & Targets in a timely manner as suggested in the report. When this has been accomplished we suggest the Town contract with an outside professional to review on a monthly basis the Performance Objectives and Targets as agreed to by the Town, GRFD and RIM. It was further recommended that a financial penalty and cancellation clause be included in the IGA with GRFD and the contract with R/M. The City of Tucson utilizes the services of an outside professional to monitor their EMS contract with Rural/Metro. On a monthly basis the stats are reviewed by this contractor regarding adherence to the contract with the city. The stats include response times, and staffing. The information provided in this review is discussed with the City of Tucson, Rural/Metro and the consultant. Substantial financial penalties can be imposed for not meeting the contract requirements. Appendix "E": Byron L. Bissell, PhD Curriculum Vitae, and prospectus for Byron L. Bissell and Associates. 11/15/99 Minutes,Council/Fire Advisory Committee Special Session 3 5. Fire Flow: There are some areas in the southern part of Oro Valley that do not have hydrants. These areas need to have hydrants installed, this would lower a home owners insurance costs. The minimum 1000' for hydrants is acceptable to the ISO. Although fire departments can use 1000' of hose there is some friction loss. The Uniform Fire Code requires that hydrants be placed no farther than 800' apart. 6. Who Should Pay for Fire & EMS Upgrades?: The FAC and CFG recommends that upgrades in service, performance, staff and equipment should be paid by the tax monies collected by a Fire District. The Town can legally collect the monies for fire service and pass it onto GRFD. Everyone in Oro Valley would be covered for fire service. It would take approximately two years to annex all of Oro Valley. Once all properties are annexed, the Town would no longer have to collect payments for fire services, it would be included in residents Pima County tax bills. Currently all residents pay for school districts, bonds, libraries, etc. in their tax bills, and fire and emergency medical services should be shared by all residents. Fire District buildings, and equipment are the property of the citizens the Fire District services. This is not the case with a private corporation. You would have to purchase all of the above if operations ceased, effectively paying twice for the same building and equipment, once through your subscription and again in purchasing it. The Committee also recommended that the Town Council provide funding for the land to build future fire stations. 7. Future Fire Station Locations: Pages 28, 29 of the "Oro Valley Evaluation of Emergency &Non-Emergency Services" 9/9/1998 report discussed this issue. We concur with the recommendation. A four-minute travel time criterion is used as a benchmark. Total response time should be less than 6 minutes for emergency medical calls and six to eight minutes for fire emergencies. This allows for a one- minute dispatch processing time and a 50-second turnout time, which are nationally recognized benchmarks. The response models were calculated using a 35-mph travel speed. Fire stations should be placed approximately no further than 5 miles apart from the area that they serve to meet performance objectives. Appendix "F". 8. Hazardous Materials: The Uniform Fire Code gives the Town of Oro Valley the responsibility for issuing permits and inspecting occupancies for the safe use and handling of hazardous materials. The Town should require businesses that store hazardous materials to provide an inventory of these materials. Appendix "G". Ms. Kvancz pointed out that the FAC and CFG are also including in Appendix "H" two articles from Rural/Metro Corporation regarding their new organizational structure, and one from the 6/28/99 Business Week magazine. Appendix "I" a letter from Chief John Fink of GRFD dated 7/7/1999 to the Town Manager regarding service improvements under his leadership. 11/15/99 Minutes,Council/Fire Advisory Committee Special Session 4 Ms. Kvancz thanked the participants of the Citizen's Focus Group for their time and dedication to the task assigned to them. She also thanked the Town Council, staff and all those who have participated in this very complex and difficult endeavor during the past two+ years. Ms. Kvancz encouraged the Town Council to adopt these recommendations which are in the best interests of the citizens. A MOTION was made by Council Member LaSala to accept the strategic plan for Fire and Emergency Services as provided by ESCG dated July 1999, and direct staff to begin development of an ordinance, or ordinance requirements for response time and staffing requirements, provide a complete economic analysis of the ordinance requirements and fu ing plans, for example: taxes, or subscriptions, or however it's supposed to be done. I'd like the legal department to explore a way, if necessary, to put the question, not the ordinance on the ballot so that if we feel necessary, we will have all the legal (inaudible) covered, to ask the question if this is the direction that the Town as a whole wants to go in. Not saying that we will or we won't, but I want to make sure that we can ask that question and make sure that we can ask the question. Realizing, of course, that the answer to the question will not be binding and will not put the ordinance into effect. (Unless, of course, there is an initiative at which point, then it is). Start a dialogue with all the fire providers, including, but not limited to: Tucson Fire Department,Northwest Fire District, Golder Ranch and Rural Metro to figure out a way or who is interested and capable of meeting the proposed or potential response times and staffing requirements. If they can and want to do business with the Town of Oro Valley. I'd like Mr. Sweet's recommendation of staff review of the records. If you think quarterly is appropriate that's fine, I'd like to see monthly, unless you think that is a huge burden on staff, I would defer to you on that. (Because I know how strapped staff can get.) As part of this motion, I'd like to thank the Fire Advisory Committee for their service to the Town. (I wouldn't have wanted this job.) And I move to dissolve the Fire Advisory Committee. I think we made that clear a few months ago. We said we would keep them intact until time that the Report is accepted and I am ready to accept the Report. I think the response times and staffing requirements is something we need to look at. MOTION SECONDED by Council Member Bryant. DISCUSSION. Council Member Parisi objected to dissolving the Fire Advisory Committee. He recommended that the FAC and CFG be kept together to work with staff. He stated his personal goal is to see this plan approved. He urged the Town Council to accept the FAC's Plan and to keep the Committee together. Vice Mayor Johnson stated it is time to make the decision for the citizens of Oro Valley, by setting standards, codes and response times and to make sure there is equitable fire costs for every citizen in Oro Valley. That may take the formation of a fire department or may be with a Fire Marshal on a single source basis. He advocated buying all the fire stations, possibly with revenue bonds so the Town will be in the position of forming a fire department in the future. He agreed that an oversight committee makes sense. He pointed out that we need a time table to get this implemented. Representatives from the different groups can work with the Town Manager to define a course of action and deal with the legalities. 11/15/99 Minutes,Council/Fire Advisory Committee Special Session 5 Council Member Bryant stated he feels this boils down to money and he stated he has a lot of questions about where the money will come from. He stated the Town shouldn't rush into this issue. He suggested taking this to the voters and leave it up to the entire town to decide what they want. Council Member Parisi stated that Fire Districts work well and he hasn't heard anyone wanting to leave their Fire District. He stated the concept of a for profit fire company was good when the population was 1400, but now with the Town's growth fire districts are a better way to go. Mayor Loomis thanked the Fire Committee and the Citizens Focus Group for their participation. He stated there are quite a few areas that still need review and study. There is a need to resolve inequities. He felt that this needs to go to the citizens. He agreed one day the Town will be in the Fire and EMS business or license back to the providers. He agreed it is time to take action now. He stated he is not opposed to changing from a Fire Advisory Committee to a Fire Advisory Board where any citizen can be interviewed to serve on the Board. Council Member Parisi stated he has no problem with adding more people to the process. He stated the FAC only has allegiance to the Town, not to a particular council member. Ms. Kvancz objected strongly objected to Council Member LaSala's motion and the suggestion that the Fire Advisory Committee be dissolved. FAC member Ron Koslowski stated the beauty of a fire district is that the money generated is through a tax, it does not come out of town funds. He stated it is wise to open up the process to add more people, but it is not wise to disband the FAC right now. Mr. Koslowski read a prepared statement and thanked staff and Council Member Parisi for his help in developing the plan. He pointed out that Golder Ranch was a positive contact, but he was threatened by Rural Metro. He stated he proudly backs the firefighters for both Golder Ranch and Rural Metro. He stated the problem lies with Rural Metro administration. He asked the Council to take action and not drag their feet. Council Member LaSala stated that he would not be opposed to changing the Fire Advisory Committee to a Fire Advisory Board where they go through the process of applying and being interviewed by the Council. At this point and time, it is a logical break for this Committee to step back. He stated that anybody can read a report and pick up the information. The Town of Oro Valley has very intelligent people who if they choose to be on a Fire Advisory Board and apply and go through the process and be appointed can also pick up where this committee has left off. He referred to the motion that was made by the Town Council a few months back that stated the committee would be kept alive until the report was accepted. That's why it was added as part of his motion. He stated that no one on staff has lobbied him. 11/15/99 Minutes, Council/Fire Advisory Committee Special Session 6 Council Member LaSala AMENDED HIS MOTION to dissolve the Fire Advisory Committee and form a Fire Advisory Board and anybody who wants to apply is more than welcome to apply and be approved by the sitting Council. He pointed out that Ron Koslowski made so many good points. Council Member LaSala stated 80% of the Town is covered by one department and 20% of the town is covered by Golder Ranch. He stated if the town entered into an Intergovernmental Agreement with Golder Ranch to take on the other 80% of the Town, they would be stressed. It's not going to happen overnight. So at some point between now and then we have to stay where we are and there is nothing we can do about that. If Golder Ranch wanted to start annexing it would take 2 years of what we have right how. He stated all he is asking to do is move on, get the numbers down, get a plan of action set. The staff has more information than they can possibly ever want on this issue. Get it down into ordinances, get it down into issues and if Council wishes to ask the question of the population, it has that option. If the Council wishes to approve it that evening the Council will have that option. We've got to start moving and stop the sniping. Therefore, Council Member LaSala AMENDED his motion to include a Fire Advisory Board and dissolving the Fire Advisory Committee and the formation of a Fire Advisory Board allowing anybody who wishes to apply for that, it be a 7 member committee and we take it from there. Council Member Bryant stated he would amend the second to the first motion and accept Mr. LaSala's amended motion. Mayor Loomis stated that there is a motion on the floor to accept the plan, to direct staff to move forward with establishing the standards and ordinance with the standards of service, for staff to initiate a dialogue with all concerned parties with respect to establishing a trade-off of various possibilities of how the town should go, whether it should be a district, fire department or multiples. That the staff review the departments statistics quarterly and that the FAC be dismissed and establish a Fire Advisory Board, 7 members. Council Member LaSala added 2 other conditions, 1) the staff complete the economic analysis of the ordinance requirements and deliver that to us and 2) that legal look at the opportunity if we so desire to put the question, not the ordinance out to a public vote. Adding with a report back to Council within 7 months. MOTION carried 4— 1 with Council Member Parisi opposed. ADJOURNMENT A MOTION was made by Council Member LaSala and SECONDED by Council Member Bryant to ADJOURN the meeting at 8:15 p.m. MOTION carried 5 —0. Respectfully submitted, Kathryn E. Cuvelier, CMC . 11/15/99 Minutes, Council/Fire Advisory Committee Special Session 7 Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 15th day of November, 1999. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 1999. Kathryn E.Cuvelier,CMC 6A.441 MINUTES ORO VALLEY TOWN COUNCIL TA\ REGULAR SESSION NOVEMBER 17, 1999 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION CALL TO ORDER 5:35 p.m. PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Paul Parisi, Council Member Wayne Bryant, Council Member Fran LaSala, Council Member (arrived at 5:37 p.m.) Mayor Loomis stated that pursuant to A.R.S. § 38-431.03(A)(1), Item#2 has been withdrawn from the Executive Session Agenda at the request of Patti Jo Lewis. The item will be discussed in Regular Session as set out on the Regular Agenda, Item#9. EXECUTIVE SESSION AT OR AFTER 5:30 PM MOTION: A MOTION was made by Vice Mayor Johnson and SECONDED by Council Member Bryant to go into Executive Session at 5:35 p.m. Motion carried, 4—0. Mayor Loomis announced that in addition to the Town Manager, the Town Attorney and the Town Clerk, Mr. George Garcia and an associate of his firm would be joining Council in Executive Session along with Town Engineer Bill Jansen. (Mr. Garcia, his associate and Mr. Jansen will be present for Agenda Item#1.) The Executive Session was called for the following purpose: 1. Pursuant to ARS 38-431.03 (A)(7) Legal Advice relating to the acquisition of property for the La Canada Drive Extension 2. Pursuant to ARS 38-431.03(A)(1) Personnel Matters relating to Development Review Board Chairperson Patti Jo Lewis (WITHDRAWN) 3. 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 MOTION: A MOTION was made by Vice Mayor Johnson and SECONDED by Council Member Bryant to go out of Executive Session at 6:40 p.m. Motion carried, 5 — 0. REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:00 p.m. 11-17-99 Minutes,Council Regular Session 2 ROLL CALL PRESENT Paul Loomis, Mayor Dick Johnson, Vice Mayor Paul Parisi, Council Member Fran LaSala, Council Member Wayne Bryant, 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. He announced that the Town Hall Offices would be closed on November 25th and 26th for the Thanksgiving Holiday. Mr. Sweet also reported that a retirement party was being held for Police Chief Wolff on November 29th. CALL TO AUDIENCE Bill Adler, 10720 N. Eagle Eye Place, requested that Consent Agenda Item D be pulled to allow the applicant to make their presentation and to allow input regarding the traffic flows. Jeff Piechura,Northwest Fire District located at 4701 N. La Cholla Boulevard, stated that regarding fire service within Oro Valley, the Northwest Fire District is a staunch supporter of Golder Ranch Fire District and has positioned itself to partner with Golder Ranch to assist them in any way possible. He explained that Northwest Fire is not in a position or does it have any desire to take on Oro Valley on its own with regards to fire/emergency services. He stated that they hoped that the citizens and Council look at all issues and that they make the best decision based on the facts. Dick Izen, 12356 N. Mount Bigelow Road, spoke to the issue relating to Executive Session Item 2 and Regular Session Item 9, Personnel Matter involving Development Review Board Chairperson. He stated that he hoped that the actions by Council would prove that rumors of"back room" deals were unfounded. Bill Schreiber, 10166 N. Inverrary Place, stated that the 17th Annual El Tour de Tucson Bicycle would be taking place this upcoming weekend. He requested that the Town consider sweeping the streets that the bicyclists would be traveling. He explained that any type of debris on the roads could be hazardous and possibly cause accidents. Herb Rutt, 160 E. Carolwood Drive, stated that Council's action towards the Fire Advisory Committee and Focus Group at the Special Session on November 15th was not anyway to run an open meeting. He stated that it was an injustice that the volunteers who 11-17-99 Minutes,Council Regular Session 3 worked over two years on the committee who wanted to address the issues were not allowed to speak. 1. CONSENT AGENDA At the request of Council Member Bryant, Consent Agenda Items D and G were pulled. At the request of Vice Mayor Johnson, Consent Agenda Item F was also removed from the Consent Agenda. MOTION: Council Member Parisi MOVED to approve the Consent Agenda with the exception of Items D, F, and G. Council Member LaSala SECONDED the motion. Motion carried, 5 — 0. A. Minutes— 10/27/99; 11/01/99; 11/03/99 B. Approval of Budget and Bond Committee Recommendation to designate the terms of Budget and Bond Committee members, Barton Rochman and Jack Longley as one year terms, to expire June 30, 2000 C. OV 12-97-17B Copper Ridge II, Amendment of Assurance Agreement by extending the expiration date to October 1, 2000 D. OV12-99-17 Pusch Ridge Daycare/Office Complex Development Plan (located along Oracle Road and surrounded on the other three sides by the Rock Ridge Apartments) (PULLED FOR DISCUSSION) E. OV 12-99-17 Pusch Ridge Daycare/Office Complex Landscape Plan (located along Oracle Road and surrounded on the other three sides by the Rock Ridge Apartments) F. Resolution No. (R)99-109 Approving the purchase of a new Motor Grader and amending the Highway Fund Budget for FY 1999-2000 (PULLED FOR DISCUSSION) G. Resolution No. (R)99-110 Approval of an Intergovernmental Agreement between the Central Arizona Water Conservation District& the Town of Oro Valley for the delivery of Central Arizona Project Incentive Recharge Water (PULLED FOR DISCUSSION) D. OV12-99-17 PUSCH RIDGE DAYCARE/OFFICE COMPLEX DEVELOPMENT PLAN (LOCATED ALONG ORACLE ROAD AND SURROUNDED ON THE OTHER THREE SIDES BY THE ROCK RIDGE APARTMENTS) Community Development Director Brent Sinclair reviewed the Council Communication. He also reported that the Development Review Board (DRB) approved the Pusch Ridge Daycare/Office Complex Development Plan with conditions, one of which relates to traffic flows. Mr. Sinclair reported that the developer has provided an internal traffic plan and has also received approval from Arizona Department of Transportation (ADOT.) ADOT is requiring a joint use agreement between the Daycare/Office Complex and the adjoining complex. Mr. Sinclair stated that staff recommends approval with the conditions as listed in Exhibit"A". 11-17-99 Minutes,Council Regular Session 4 Phil Swaim, architect for the Daycare/Office Complex project, reviewed an aerial photograph of the area, the site plan, and the traffic flow plan. He explained that they would be providing school zone signs within the complex which will slow traffic within the site to 10 m.p.h. and they will also be creating a drop-off zone for the children. Mr. Swaim also explained that there is the opportunity for traffic to move through the nearby apartment complex and exit out onto Pusch View Lane where a traffic signal exits. In response to a question from Mayor Loomis, Mr. Swaim explained that the joint access agreement was to be with the apartment complex not the office complex. Bill Adler, 10720 N. Eagle Eye Place, expressed his concerns regarding the safety of the project as it relates to traffic. He stated that there is no light at the entrance and it should be required that people enter the complex via the traffic light at Pusch View Lane. He also expressed his concerns with the two way internal traffic flow and suggested that the lane be one-way by eliminating some of the parking and widening the lane of traffic. In response to questions from Council Member Parisi and Council Member Bryant, Mr. Sinclair stated that staff has approved the internal and external traffic plan. He also stated that there is an advantage to the turn-around circle in front of the day care complex. He also explained that the drop-off parking is close to the building. He further explained that the number of parking spaces is a result of a formula that is set out in the Zoning Code and they are standardized ratios used by other cities and towns. In answer to a question from Vice Mayor Johnson, Larry Cochran, developer of the project, explained that the amount of parking spaces being provided actually provides a safer environment. With the amount of spaces being planned, parents can pull in out of the way of other traffic at the complex. He also explained that the staff would park on the Oracle Road side of the development forcing the parents to park near the Daycare Center. He stated that they have endeavored to make the area as safe as possible for the children, but they were open to suggestions. Council Member Parisi stated that the parents of the small children would have to park in order to sign their children "in and out" each day. He agreed that the amount of proposed parking spaces were necessary to the project. In answer to a question from Council Member Bryant, Mr. Swaim stated that the driveway is 24 feet wide and meets the Town's standards. MOTION: Vice Mayor Johnson MOVED to APPROVE OV 12-99-17 Pusch Ridge Day Care/Office Complex Development Plan, effective on the date of satisfaction of attached conditions listed in Exhibit "A". A) 1. Arizona Department of Transportation (ADOT) must review and comment on the traffic impact report. Any mitigating measures required from ADOT's review must be addressed in the improvement plan review phase. No grading permits will be issued for 11-17-99 Minutes,Council Regular Session 5 the site until written communication from ADOT regarding the above has been received by the Planning and Zoning staff. 2. "OV 12-99-17" must be listed on the bottom right corner of each sheet. 3. Per Section 4-504F.3 of the Oro Valley Zoning Code Revised, the public art for this project must be reviewed and approved by the Public Art Review Committee (PARC) and approved by the Town Council prior to the issuance of the building permit. Council Member Parisi SECONDED the motion. Motion carried, 5 —0. F. RESOLUTION NO. (R)99-109 APPROVING THE PURCHASE OF A NEW MOTOR GRADER AND AMENDING THE HIGHWAY FUND BUDGET FOR FY 1999-2000 In response to a question from Vice Mayor Johnson, Finance Director David Andrews explained that they compared the 5.58% earnings on the Town investments against the quoted interest rates 5.8% to 6.25%. Mr. Andrews stated that in the future, they could provide the net (interest expense verses interest income that is foregone.) MOTION: Vice Mayor Johnson MOVED to APPROVE Resolution(R)99-109 and amend the Highway Fund budget for FY 1999/2000. Council Member LaSala SECONDED the motion. Motion carried, 5 —0. G. RESOLUTION NO. (R)99-110 APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CENTRAL ARIZONA WATER CONSERVATION DISTRICT & THE TOWN OF ORO VALLEY FOR THE DELIVERY OF CENTRAL ARIZONA PROJECT INCENTIVE RECHARGE WATER In response to questions from Council Member Bryant, Water Utility Director David Hook explained that the contract being considered establishes the buyer-seller relationship in the purchase of CAP water from the CAP Board. He also explained that the market rate for the ground savings projects is $5 per acre-foot. MOTION: Vice Mayor Johnson MOVED to APPROVE Resolution No. (R)99-110 approving and authorizing an Intergovernmental Agreement between the Central Arizona Water Conservation District and Town of Oro Valley providing for delivery of Central Arizona Project Incentive Recharge Water. Council Member Parisi SECONDED the motion. Motion carried, 5 —0. Mayor Loomis moved Agenda Item #9 forward on the agenda. 9. POSSIBLE DISCUSSION AND/OR ACTION RELATING TO PERSONNEL MATTERS INVOLVING DEVELOPMENT REVIEW BOARD CHAIRPERSON PATTI JO LEWIS 11-17-99 Minutes,Council Regular Session 6 Mayor Loomis stated that pursuant to A.R.S. § 38-431.03(A)(1) Item#2 on the Executive Session Agenda was removed. He requested a motion waiving the attorney client privilege for the limited purpose of releasing the letter to the Council from our Town Attorney dated October 13, 1999 regarding Development Review Board Chairperson Lewis and Council Member LaSala and in all other respects, the attorney client privilege regarding this matter shall remain intact. He asked that Council consider waiving the attorney client privilege to allow Ms. Lewis the opportunity to review said document. MOTION: Council Member LaSala MOVED to waive the attorney client privilege for the limited purpose of releasing the letter to the Council from our Town Attorney dated October 13, 1999 regarding Development Review Board Chairperson Lewis and Council Member LaSala. In all other respects the attorney client privilege regarding this matter shall remain intact. Vice Mayor Johnson SECONDED the motion. Motion carried, 5 — 0. MOTION: Council Member LaSala MOVED to CONTINUE Agenda Item#9 to the December 1, 1999 Council Meeting in order to allow Ms. Lewis sufficient time to review the document. He also MOVED to allow Ms. Lewis the opportunity to speak to the issue. Vice Mayor Johnson SECONDED the motion. DISCUSSION: Council Member Parisi presented the Council with copies of Development Review Board minutes for the past year. He asked that Council judge with facts and not feelings. CALL FOR THE QUESTION: Motion carried, 5 —0. 2. PRESENTATION REGARDING THE CENSUS 2000 ACTION PLAN BY EUGENIA BAS-ISAAC, Ed.D. Eugenia Bas-Issac presented an overview of Census 2000. She stated that she has been working with governmental agencies, community organizations and neighborhood associations to empower them to take control and do the census for themselves and take the lead. Ms. Bas-Issac stressed the importance of getting an accurate count. She explained that $182 billion is distributed to 122 programs through Census Bureau Population Data. She stated that each person is worth about $400 over the next ten years (or$4,000) so it was extremely important that everyone actively participate in the Census. Community Development Director Brent Sinclair referenced the Census 2000 Action Plan. He stated that they are proposing using current staff and part-time consultant services. Mr. Sinclair stated that they would be focusing on new residents and "seasonal" residents to make sure that they are counted. 11-17-99 Minutes,Council Regular Session 7 In response to a questions from Vice Mayor Johnson and Council Member Bryant regarding seasonal residents and residents from foreign countries, Ms. Bas-Issac explained that they should be counted if they are here more than six months. She stated that if they are in Oro Valley on April 1st, they should be counted here. She also stressed that the census information is treated with total confidentiality. Mayor Loomis stated that the Pima Association of Governments (PAG) is also very involved with the census. He explained that they are also targeting children, so there will be a big effort with the schools to involve the children. MOTION: Vice Mayor Johnson MOVED to adopt the Preparation for Census 2000 Action Plan's highest level of commitment and the staff-recommended actions, and approve the necessary funding from the Council Contingency Fund. Council Member Bryant SECONDED the motion. Motion carried, 5 —0. 3. PRESENTATION OF CERTIFICATE OF APPRECIATION TO DESERT POINT RETIREMENT COMMUNITY FOR $850 DONATION TO COYOTE RUN Mayor Loomis and Transit Services Administrator John Zukas presented a Certificate of Appreciation to Mr. Tom Kappler, General Manager of Desert Point Retirement Community, in recognition of their $850 donation to Coyote Run Transportation Service. 4. APPOINTMENT OF MEMBER TO THE WATER UTILITY COMMISSION EFFECTIVE 11-17-99 TO 6-30-2000 AND TO ASSIGN THE CONSTITUENCY OF EACH MEMBER AS REQUIRED BY CHAPTER 15 OF THE ORO VALLEY TOWN CODE Town Manager Chuck Sweet reported that interviews were conducted by Council Member Bryant, Water Utility Director David Hook and himself, to fill the vacancy on the Water Utility Commission. Mr. Sweet stated that staff recommends that Patrick Coughlin be appointed to fill the vacancy and Council Member Bryant is recommending the appointment of David Karnis to the Water Utility Commission. Mr. Sweet and Council Member Bryant reviewed the qualifications of each of the applicants. MOTION: Vice Mayor Johnson MOVED to APPOINT Patrick Coughlin to the Oro Valley Water Utility Commission, serving a term to expire on June 30, 2002 and to assign the constituency of each as recommended. CONSTITUENCY MEMBER 1. Residential (Countryside) John Dohogne 2. Residential (Town#1) Mike Caporaso 3. Residential (Town#2) Jennifer Gillaspie 11-17-99 Minutes,Council Regular Session 8 4. Turf Carl Staub 5. Commercial Leo Leonhart 6. At-large (#1) Nicholas Vale 7. At-Large (#2) Patrick Coughlin Council Member Parisi SECONDED the motion. DISCUSSION: Council Member LaSala stated that he has ten years experience in permitting. He offered his services with regard to permitting and stated that he would assist whether as a council member or a citizen volunteer, if the Council so allowed. Motion carried, 4 — 1, with Council Member Bryant opposed. Mayor Loomis recessed the meeting at 8:05 p.m. The meeting resumed at 8:20 p.m. 5. PUBLIC HEARING—ORDINANCE NO. (0)99- 58 AMENDING THE ORO VALLEY TOWN CODE, CHAPTER 15, ARTICLE 15-4-5, CHANGING THE DUE DATE OF THE ANNUAL REPORT RENDERED BY THE ORO VALLEY WATER UTILITY COMMISSION Water Utility Director David Hook reported that the Town Code currently requires that the Water Utility Commission's Annual Report be to Council on or before March 1st. He explained that the Commission has been unsuccessful each year in meeting that date and had to request an extension from Council. Mr. Hook stated that staff is recommending the date be changed to April 1st. He proposed that the data collected be changed from the calendar year to the fiscal year. He stated that staff felt that these changes would help in returning the report to Council in a timely manner. In response to a question from Mayor Loomis, Mr. Hook reviewed the supplemental information as provided by staff: • Financial data and bill count data must be for the same time frame in order to perform a Cost of Service Study ♦ The Cost of Service Study is then used in conjunction with projected expenditures to perform a Rate Analysis ♦ The change from calendar year date to fiscal year data does not change the outcome of the Rate Analysis or the Cost of Service Study, but it considerably simplifies and expedites the work performed by the rate consultant • The change impacts the Annual Report by enabling staff to deliver the required data to the consultant 3 to 4 months earlier which will allow for the report to be rendered on time. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. 11-17-99 Minutes,Council Regular Session 9 MOTION: Vice Mayor Johnson MOVED to APPROVE Ordinance No. (0)99-58 amending the Oro Valley Town Code, Article 15-4-5, changing the due date of the annual report to April 1St. Council Member LaSala SECONDED the motion. Motion carried, 5 — 0. 6. PUBLIC HEARING —ORDINANCE NO. (0)99-57 RELATING TO THE PRIVILEGE LICENSE TAX; ADOPTING "THE 1999 AMENDMENTS TO THE TOWN TAX CODE OF THE TOWN OF ORO VALLEY, ARIZONA" BY REFERENCE; ESTABLISHING AN EFFECTIVE DATE AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF (Continued from 11/03/99) Finance Director David Andrews reported that annually the League of Arizona Cities and Towns coordinates proposed statewide tax code amendments to promote uniformity and tax code compliance throughout the State. He stated that the amendments are a combination of changes suggested by the Unified Audit Committee and the Arizona Tax Research Association. The amendments reflect recent changes in state sales tax law. In response to a concerns expressed by Council Member Bryant, Mr. Andrews agreed that the document has a lot of detail and is difficult to get through. He explained that the Tax Code provides standards that make it easier for businesses to conduct business in Arizona. In order to facilitate business activity, the League of Arizona of Cities and Towns creates these standards. Mr. Andrews stated that the changes that are being recommended would have little if any, impact on the Town's sales tax base. In response to a question from Council Member Parisi, Mr. Andrews verified that the State handles all administrative activities for tax collection at no cost. Council Member Parisi stated that for that reason, it makes sense to be uniform with the State. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Vice Mayor Johnson MOVED to APPROVE Ordinance No. (0)99-57 adopting the "1999 Amendments to the Town Tax Code of the Town of Oro Valley, Arizona." Council Member LaSala SECONDED the motion. Motion carried, 4— 1, with Council Member Bryant opposed. 7. APPROVAL OF MEMBERSHIP AND PARTICIPATION OF THE TOWN OF ORO VALLEY IN THE SOUTHERN ARIZONA WATER USERS ASSOCIATION Water Utility Director David Hook reported that the regional water providers for municipal, agricultural, and mining customers have been meeting on an informal basis during the past year. From these meetings, the Southern Arizona Water Users Association (SAWUA) has been formed. The SAWUA is a voluntary non-profit association organized to discuss, analyze and recommend ways to preserve and enhance the quality and quantity of Southern Arizona's water resources. Mr. Hook explained that 11-17-99 Minutes,Council Regular Session 10 the association would foster regional communication and cooperation in the water industry and would speak on behalf of the water interests in Southern Arizona. This would allow someone to speak for the area besides the City of Tucson. Mr. Hook further explained that this item was not proposed in the Water Budget as the concept for the organization was not formulated until after budget approval. He requested that $5,900 dues for the current fiscal year be paid for out of the Membership and Subscriptions line of the budget but compensated for through the under-expenditure in the Operations and Maintenance budget line. In response to questions from Council Member Bryant, Mr. Hook explained that the dues are not pro-rated. The association is new and the Metropolitan Water Improvement Board has taken action to join. The item is on the agenda for the Town of Marana, Avra Water Co-op, and Community Water of Green Valley and possibly the City of Tucson. He also explained that there is not another organization of this type in Southern Arizona. Vice Mayor Johnson stated that it might be prudent to approve the invitation to join SAWUA based on the acceptance by the other entities. In response to a question from Council Member Bryant, Mr. Hook stated that the draft by-laws state that with a full membership, every entity will have one seat on the Board of Directors and an equal vote. Mr. Hook also explained that the Association is not a regulatory or enforcement group, but is a coalition of water providers that are attempting to maintain an open dialogue on related water uses and to bond together on issues where they can support each other. In response to a question from Council Member LaSala, Mr. Hook explained that the Board of Director's would not receive any type of stipend or pay except for possible travel reimbursement. Council Member LaSala stated that in general he does not favor these types of organizations, but he believed that as a region, Southern Arizona needed to take a solid stand on water issues. He stated that he would like to see more of the budget numbers and a travel and expense policy. Council Member Parisi agreed with Vice Mayor Johnson's and Council Member LaSala's comments. He stated that he did not feel any urgency and he would also like to have more knowledge on the organization. Vice Mayor Johnson stated that he feels there is a spirit of regional cooperation on water issues. He stated that if it were passed with the condition that other entities would be participating and that Mr. Hook would report back to Council, then he would encourage Council to approve the membership to the Association. MOTION: Vice Mayor Johnson MOVED to APPROVE the membership and participation of the Town of Oro Valley in the Southern Arizona Water Users 11-17-99 Minutes,Council Regular Session 1 1 Association (SAWUA) conditioned upon the involvement of other entities to be judged by the Town Manager. Council Member LaSala SECONDED the motion. AMENDMENT TO THE MOTION: Mayor Loomis asked that the requirement that Mr. Hook provide a monthly status report to the Water Commission as part of their regular agenda be added to the motion. Vice Mayor Johnson and Council Member LaSala agreed to the amendment. Council Member Parisi stated that it is the job of elected officials to make sure that such regional issues are moved forward and Council should not forget their role. Mayor Loomis stated that several members of Council have been working with other communities. He stated that Southern Arizona is beginning to think more as a group rather than as separate entities. He agreed that this would be an opportunity for the Town to provide leadership and guidance. Motion as amended, carried 5 —0. 8. APPOINTMENT OF LT. CHARLES LENTNER AS ACTING POLICE CHIEF EFFECTIVE DECEMBER 4, 1999 Town Manager Chuck Sweet reported that Phase 2 of the police chief recruitment process was concluded on November 2, 1999. Phase 3 of the process is currently underway which includes background investigations of the finalists. He stated that it is anticipated that the background checking phase could take up to thirty days and would not be available for Council review until mid December. Mr. Sweet stated that because the final decision will not be made on the permanent replacement of Chief Wolff before his retirement, it is necessary to consider the appointment of an Acting Police Chief to serve in the interim. Mr. Sweet stated that it is recommended that the Council appoint Lieutenant Charles Lentner as Acting Police Chief effective December 5, 1999 with an adjustment in salary for this interim appointment. MOTION: Council Member LaSala MOVED to APPOINT Lieutenant Charles Lentner as Acting Police Chief effective December 5, 1999 until the Town Council has made a permanent selection for Police Chief and adjust Lieutenant Lentner's salary from his present rate of pay to Step 1 of the Police Chief's pay range during his tenure as Acting Police Chief. Council Member Parisi SECONDED the motion. Motion carried, 5 —0. TOWN MANAGER'S REPORT No report. 11-17-99 Minutes,Council Regular Session 12 ENGINEER'S REPORT Town Engineer Bill Jansen reported that the Public Works Department will run the street sweeper along the El Tour route within the corporate limits on Friday. He also reported that the Arizona Department of Transportation Board will be meeting in Tucson on Friday,November 19th at the Manning House at 9:00 a.m. Mr. Jansen stated that the Hardy/Oracle Road Signal Light bid opening will be this Friday,November 19th FINANCE DIRECTOR'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. POLICE CHIEF'S REPORT Police Chief Wolff reported that Oro Valley Police Department was one of the fifteen semi-finalists for the 1999 Webber Seavy Award. The Webber Seavy Award is given by the International Association of Chiefs of Police and honors the achievements in the following goals: continually improving services to the community, strengthening police relations and promoting community participation, effectively using resources, enhancing communications within and cooperation among agencies, and developing creative and innovative approaches that promote excellence in law enforcement. Chief Wolff stated that he had the pleasure of accepting the award on behalf of the Police Department. Mayor Loomis congratulated Chief Wolff and the Police Department. WATER UTILITY DIRECTOR'S REPORT Water Utility Director David Hook reported that the assessment for the emergency procurement on the water well will be about $35,000. COUNCIL COMMITTEE REPORTS Vice Mayor Johnson reported that the Library Advisory Committee traveled to Sierra Vista to visit the library and study the architectural work as performed by one of the architect candidates for the new Oro Valley library. He stated that their recommendation should be coming forth soon with construction to begin by next summer. He also reported that he rode along with Senior Building Inspector Chuck King and viewed the inspection process. He stated that it was an eye-opening experience and recommended that others may want to do the same. Council Member Parisi reported that the Chamber of Northern Pima County will be holding a holiday party on December 10th and tickets can be purchased from the 11-17-99 Minutes,Council Regular Session 13 Chamber. He also reported that Fraternal Order of Police President Jim Bloomfield has expressed their appreciation for allowing the police to participate in the police chief selection process. He stated that Mr. Bloomfield commented that they had never seen a more professional evaluation process. Mr. Parisi also stated that regarding the Special Meeting with the Fire Advisory Committee, he felt that after the Committee spent over two years evaluating the process, they should be allowed to present their views. He recommended that the Council re-invite the Committee and the Focus Group to a meeting to present their views. CALL TO AUDIENCE No speakers. ADJOURNMENT MOTION: Vice Mayor Johnson MOVED and Council Member Bryant SECONDED the motion to adjourn the regular session at 9:00 p.m. Respectfully submitted, Roxana Garrity, Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 17th day of November, 1999. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 1999. Kathryn E. Cuvelier, CMC B c) , ,--Li 4 z H 'a V). 5> 4 > cZ). ry, .?).. o cn Z > .2- ''4 p. ,,,,,, ..4H ncp cpCD 0 0H 7 v' CD 0 O ccD in v'•,< C.t< � oCo _r' I C =' CD /'b (Di `b Z H 07 d(') R, vii co '-d n - .. �n 'zi (D N N --- O t ) oo J _ - J LA N O G J W 00 00 00 C) EA 6kA LA 69 - 69 < V, - ,� -4, .--.. r--+ A) LA OJ CEJ, W W `O O P H .-• 00 `O N W c.l, W O• N `O N J W O .A -00a O G O I - - W 0 Z H O 69 69 69 J CD O 69 69 CT VD 6-9 ..--. N O (D C v• V V V V V .. 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C/] ,.< r 69 69 69 pzi rri > J 6-9 6- W 69 N VO 69 (W 69 N ---' cW CD <p < v, Q1 O1 N - oo W W J w = Ci7 V V V V .5;" V V V V V V O Q1 - Q1 �-- W -1 V, O 00 LD 01 - 00 W - N � VO o1 00 cD `O 00 CJ, 0 a1 N 0 ►-r ,-- 0 V, IAS 1t �. <OA f/ 11000 N. La Canada Dr. Oro Valley, Arizona 85737 .,ERN ER S.WOLFF,Chief of Police 1' ► Phone (520) 742-5474 FAX (520) 797-2616 441 "NI A G A • m. '..Qy�5y A w. A er - NDE ORO VALLEY POLICE DEPARTMENT "INTEGRITY, PRIDE, EXCELLENCE" MEMORANDUM TO: Mayor Loomis and Town Council FROM: Chief Werner S. Wolff DATE: November 22, 1999 RE: Monthly Breakdown of Citations by Violation and Police Activity Summary Attached please find the updates for the month of October, 1999. WSW:nlr cA CT N N cA Oh to in VD 7t -4 O N N CT M - MO O` M N N O\ N • -4 N 00 N M O � kr) ^ OC N VD VD O M 4 N N H 0 H 0 W 0 z M �t CT `O 00 N N N N 00 in N N O 'Zr H 00 .--. 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O (r) N O t� M O t— O O O W 0 g 0:1 t--- N O "Tr O\ M O O 00 00 N 00 O VO VO N O N O � : k , , •O ,.• •-- O O M VO M N O kr) ,--. VI N 'a' 4 L.,..w O , , , , M0 C- O kr) N O vO �O .1- 00 M M N Z 00 00 N -. M • 0 H Z ti 0 O Z '-" Ch '- U O w c rn ^ H Q w H H Cii‘z 0 O 0 ::=1.1 0 O P4 Cn H C) O '4 U H H Q Z H> cY4 0 w . w c .-, U w ¢ �' O N Z Q.' d P U d a 1 U H ' w 0 — Q Q = 0 ►.-4 r....,, 1 COUNCIL COMMUNICATION TOWN OF ORO VALLEYMEETING DATE: December 1, 1999 D. TO: HONORABLE MAYOR& COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Budget and Bond Committee Report to Council for Quarter Ended September 30, 1999 and Council Acceptance of Town Financial Audit for the Fiscal Year Ended June 30, 1999 SUMMARY: The Town's Budget and Bond Committee held its first meeting on October 25. The purpose of the meeting and in accordance with its rules and operating procedures, was to review the budget to actual comparisons of revenues and expenditures for the quarter ended September 30, 1999, the expenditures of long term debt issuances and also to review the Town's financial audit for the fiscal year ended June 30, 1999. Mr. Barton Rochman, Chairman of the Budget and Bond Committee, would like to discuss the results of the October 25 meeting. With respect to the Town's annual financial audit, the audit was conducted in accordance with generally accepted auditing standards by the certified public accounting firm of Cronstrom & Trbovich. The auditors have rendered an opinion that the Town's general purpose financial statements fairly present the Town's financial position as of June 30, 1999. Mr. Craig Trbovich, partner in the accounting firm, would like to present an overview of the audit to the Council subsequent to Mr. Rochman's presentation. ANALYSIS: The following are selected highlights of the Town's financial operations for the fiscal year ended June 30, 1999: ✓ The General Fund's fund balance increased by $2,425,215 and closed the year at $8,864,005. Of the $8,864,005 amount, $514,815 is the outstanding loan amount of a General Fund loan to the Water Connection Fees capital project fund. ✓ General Fund revenues exceeded budget by $1,644,802 primarily related to construction sales tax ($690K), building permit fees ($378K) and interest income ($162K). ✓ General Fund expenditures for most Town departments were below budget and overall were below budget (excluding contingency reserves of$3,108,910) by $806,452. ✓ The Highway Fund's fund balance increased by $521,804 to close the year at $1,462,088. The funds have been carried forward to the new fiscal year for completion of several capital projects. ✓ Revenues for the Public Transportation Fund (Coyote Run) exceeded expenses by $15,038 for the fiscal year. ✓ The Townwide Roadway Development Impact Fees Fund has a fund balance of$6,133,360. ✓ The Alternative Water Resources Development Impact Fees Fund has a fund balance of$807,339. r TOWN OF ORO VALLEY NCIL COMMUNICATION PAGE 2 OF 3 ✓ The Oro Valley Water Connection Fees Fund has a fund balance of$429,432. With respect to the Oro Valley Water Utility: ✓ Revenues exceeded budget by $416,187 including $281,520 in water sales and $88,094 in interest income. I Expenses of$5,333,480 (including personnel, operations & maintenance, depreciation, amortization and interest expenses) exceeded budget by $522,882. Of that amount, approximately $415,000 was related to the settlement of a lawsuit with the remainder being attributed to various operating line items. ✓ Net income for the year was a negative $114,178 due to the write-off(expense) of the previously mentioned lawsuit. I Retained earnings closed the year at $1,011,862. That amount includes $432,860 the Town received upon dissolution of the joint venture with the Metropolitan Domestic Water Improvement District (MDWID). I Cash flows increased by $2,574,044 to close the year at $8,625,849. The following is a breakdown of the $8,625,849 figure: Operating Cash $2,729,23 9 Cash held by trustee for debt service payments 2,183,445 Cash—Project Improvements 1,425,225 Debt Service Reserve Fund 2,287,940 Total $8,625,849 Contributed capital of$2,335,870 includes $1,534,245 of executed line extension agreements with area developers. ATTACHMENTS: 1. Draft minutes from October 25, 1999 Budget and Bond Committee Meeting 2. Finance Report as of September 30, 1999 3. Combined Statement of Revenues & Expenditures—Budget to Actual (pages 8-9) 4. Combined Balance Sheet (page 4-5) 5. Combined Statement of Revenues & Expenditures—Water Utility (page 10) 6. Cash Flow Statements—Water Utility (pages 11-12) 7. Independent Auditor's Report 8. Manager/Finance Director's Letter of Transmittal to Mayor and Council 9. State Expenditure Limitation Report TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 3 OF 3 10. Single Audit Act Report 11. Management Letter RECOMMENDATION: Acceptance of the financial audit for the fiscal year ended June 30, 1999 is recommended. SUGGESTED MOTION: I move to accept the Town of Oro Valley's financial audit for the fiscal year ended June 30, 1999. or I move to . . . David L. Andrews Fin e Director 17 Chuck Sweet Town Manager MINUTES ORO VALLEY BUDGET AND BOND COMMITTEE OCTOBER 25, 1999 �:• y 11 ORO VALLEY COUNCIL CHAMBERS „G � ./%'�'j, 1 1,000 N LA CANADA DRIVE , ;,W,‘,! "yr'�/�"" "'' I/i fD// �!'•rjr it Ally, f/.y% CALL TO ORDER .3 ''y ' '� y f, jam;xY�l,,,,�%,//�, >✓ ,l,�r ROLL CALL :r':.. 41/r, //�/ % ;r . , PRESENT: Paul Loomis, Mayor % AA' s' ', % ; Fran LaSala Councilme er y ;/, /// Louis Dudas Membe %'j '`;" ' %,:may/,% a Jack Longley, Memb ,, r':. :Gyp/;.'/,,; S, , K, �r , I//r�r, t,.::./ Y/.•,' , ✓r%•r -.Grit ,/���'•. Mark Nein- Membe �%/.fl; x ,,�,,,; !,;:i7:-/;::::frtil � / �r, fFi,.� ylFn'� •r�G n '•%y'�?',f .j�%j/��//,BartO an M 0 ;f444���5'''r i i , /tri ���i f:S.rry�ily�;c -4:440- xG� -" • 0-/-7:-;,,/:,,, ! / �`'rF0 r a'i4 �9t'�i� v,,.,200", f `��/N/ / f,�/�q r/!f,',,,/,„L, 'l. r��' 0/n '7,4,-',- d:,,e1 ,.+ 1 /�''rr `rn� y/" V; 4:1c-r,. 3X..vb 3° 'I' r./A/rlf'>• .yam/�//. And �Ij ': • r /iG/ �'r �i STAFF PREF. NT: F. a •tor !, ( ‘- „,04, ` fl, �' l/ y 'il.� f ly ir,,. /ri r;.- ' _X.'•�.,, Ralli '4 { 04;,,,•o,-,,4i.';,;,.-0„,,„, /;. � � yen ior ��o a � /�,,rt. N`ry //r; -//H//� � �/ ri ♦.r r/ tri n,�,..4. 0 r%%'n.�dY<Y+y .k���J�•ry/'�S"�r`�/ ���,/// ,'/c' 'y���%%j/rf/ r/r, t gY�g l,.... M �.�G' X'; 0„,/,&fiii.,,:d*,* ti•-.�,,'f, // ; .�. el'...ger, A. // M A int , ,�[`,�(�trf�'y4 �//j� >:�i%//r Ir r G..,y,"/ ,,yi z.rw•-� �o GarJi%`ki r”Y'����G. >� �� I -/'.' / r/:,7/ ,'„",m;'/ v:' �t�C+X .v� f., �.:: /i��� N/'1�14,�,/r. •'. I,'Jh./ jyr j / .: °�k�`r Ht {: aiii4117::'-c,,,:fie;Ii, /ryy/, f�/I r'A'-.?" r/r/'ule Ir ///r-,,�` - ,,, ,° yNb-. a.4/ rdl.i/ N G/y1 /// r.jr, k,, i' Ná'(g / y/ y r,yjy v/�•,_ r, tri r//v/I/ �-:�? �SS �%. ALSO• ;, , h I � /1'f r i.r ,�1 rr r r�rr-,h, %/i l�b v!/'�..r r -/i 7 s�:�. }s .,Mfr,,/9/, / //�r r s ,r /�/,rY%* /,r i:. n'.,: a`fff i�+,' ,/y ,�i. r/fi /r rr6•' f' r ' 4 / a J/"FN'r: ' :2/i / /% 4i// f1 F by % f / r'l 9,oGciA' ✓I/�"� P-tr'''?C/";''I j /.:%{%7"' � ,:./i '/ / 1,/� // MINO / U ,;,/�/,/I ,:,. //rr/r ,iii.,;:,,,%/ // / s fH/ �4'' ';:14/ft �'y�r r i/ r r /r �+,•G.' Vii:,// ...:r /`� /-d; Gfifi'- ,n,i.�.� ///J/ Yr7,cl�Jl ryY r�� ii. ,�/ /r/ %.//ylrrrry/y y,r//,f/ ',i. G% /r/f//f ,v5,3„,til/>°'�,,�G ,Ler - +- 1. '. ,,EVI ,�,, :, ,/ S A' ®,f es.;.RATING PROCEDURES OF THE ORO :,' y,' %: -/=UDGET AND..::.::OND COMMITTEE ot,/, ,z,- ;,-,-;--, -•/,,f- 1,,,, i i'',7m"; 00 ,ki,:*.e Fina:::// P.'-:!:'/:,,,a,,,,,,,', '' ` Andrews reviewed the established Rules and Operating Prose `• _: approved by the Mayor and Town Council. Discussion followed regari ll a eyection of the Chairman and Vice-Chairman in April. Mr■ Andrews will resew` . e pros and cons of the election in April vs. July and will bring his finding back ti,to the,;committee at their next meeting. The Committee discussed the powers and duties of the committee and the scope of work, which may need to be broadened as warranted by the needs of the Town. 2. COMMITTEE ELECTION OF CHAIRMAN AND VICE-CHAIRMAN MOTION: Vito Tedeschi MOVED to NOMINATE Barton Rochman as Chairman of the Budget and Bond Committee. Mark Neihart SECONDED the motion. Motion carried, 5 - 0. MOTION: Chairman Rochman MOVED to NOMINATE Mr. Tedeschi as Vice-Chairman of the Budget and Bond Committee. Louis Dudas SECONDED the motion. Motion carried, 5 — 0. 10/25/99 2 Minutes, Budget and Bond Committee 3. CONSIDERATION AND POSSIBLE RECOMMENDATION TO COUNCIL TO ALLOW FOR STAGGERING OF TERMS OF COMMITTEE MEMBERS Mr. Andrews explained that the procedures of the Budget and Bond Committee state that member appointments shall be for a period of two years and that appointments shall be staggered such that the terms of no more than three members expire in one year. The Committee elected to address this issue by random selection for 2 of the committee members. MOTION: Mr. Neihart moved to recommend the appointments of Chairman Rochman and Jack Longley as one year terms and forward the recommendation to the Town Council for consideration. Mr. Dudas SECONDED the motion. Motion carried 5 — 0. 4. REVIEW AND RECOMMENDATION REGARDING TOWN COUNCIL ACCEPTANCE OF TOWN'S FINANCIAL AUDIT FOR FISCAL YEAR ENDED JUNE 30, 1999 Craig Trbovich, of Cromstrom & Trbovich, presented an overview of the draft Financial Audit for fiscal year ended June 30, 1999. Mr. Andrews, staff and Mr. Trbovich responded to questions committee members had regarding the financial statements. MOTION: Mr. Dudas MOVED to forward the Town's financial audit for the fiscal year ended June 30, 1999 to the Town Council with a favorable recommendation for Council acceptance. Mr. Neihart SECONDED the motion. DISCUSSION: The Committee discussed the importance of emphasizing that this is the draft financial audit. AMENDMENT TO THE MOTION: Mr. Dudas AMENDED the motion by moving to submit the final report with technical corrections to the text of the Town Manager and Finance Director's Letter of Transmittal to the Mayor and Council with a favorable recommendation for Council acceptance. Vice- Chairman Tedeschi SECONDED the amendment. Amendment to the motion carried 5 — 0. 5. REVIEW AND RECOMMENDATION REGARDING TOWN USE OF PROCEEDS FROM LONG-TERM DEBT ISSUANCES A. 1996 MUNICIPAL PROPERTY CORPORATION WATER SYSTEM ACQUISITION BONDS B. SERIES 1996 CERTIFICATES OF PARTICIPATION C. 1999 MUNICIPAL PROPERTY CORPORATION EXCISE TAX REVENUE BONDS 10/25/99 3 Minutes, Budget and Bond Committee Mr. Andrews gave an overview relating to the three long-term debt issuances, the 1996 Municipal Property Corporation Water System Acquisition Bonds, Series 1996 Certificates of Participation and the 1999 Municipal Property Corporation Excise Tax Revenue Bonds. He also indicated to the committee members that these three items have been brought to the committee because they had unused bond proceeds upon inception of the newly formed committee. Chairman Rochman called a recess at 8:57 p.m. He called the meeting back to order at 9:07 p.m. The Committee members deliberated their role with regard to the level of detail and presentation format for committee review of this issue. Direction was given to the Town staff to research the process of other jurisdictions regarding bond oversight committees. MOTION: Mr. Dudas MOVED to TABLE this item to the next meeting. Mr. Longley SECONDED the motion. Motion carried 5 — 0. 6. JULY 1 — SEPTEMBER 30, 1999 BUDGET TO ACTUAL REVIEW OF REPORTED TOWN REVENUES AND EXPENDITURES/EXPENSES Finance Director Andrews presented an overview of the Town's financial statements for the first quarter of FY 1999-2000. Some discussion ensued. MOTION: Mr. Longley MOVED to forward the finance report to the Town Council as presented. Mr. Neihart SECONDED the motion. Motion carried 5 — 0. 7. CONSIDERATION AND POSSIBLE ACTION REGARDING DATE AND TIME FOR FUTURE COMMITTEE MEETINGS Chairman Rochman suggested the 4th Monday of the month following the close of the calendar quarter at 7:00 p.m. This would allow for the distribution of materials as much as two weeks in advance. MOTION: With regard to future committee meeting dates and times, Mr. Dudas MOVED to designate the 4th Monday of the month following the close of the calendar quarter at 7:00 p.m. for the Budget and Bond Committee. Vice-Chairman Tedeschi SECONDED the motion. Motion carried 5 — 0. ADJOURNMENT MOTION: Vice-Chairman Tedeschi MOVED to adjourn the Budget and Bond Committee meeting at 10:03 p.m. Mr. Longley SECONDED the motion. Motion carried 5 - 0. 10/25/99 4 Minutes, Budget and Bond Committee Respectfully submitted, Suzette Krueger, Administrative Assistant TOWN OF ORO VALLEY T MEETING DATE: December 1, 1999 COUNCIL COMMUNICATION TO: HONORABLE MAYOR & COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Finance Report For Quarter Ended September 30, 1999 SU MARY: September tember 3 0, 1999. Financial Attached to this communication is the Finance Report for the Month Ended P statements werereP ared using pre-audit figures. P GENERAL FUND: Select points are as follows: M, Sales tax from construction may significantly exceed budget based on fiscal year to date activity. � To date, residential b permit ermit fees collected are up 15% compared to the same time last v year. The rate of retail sales tax collections should increase as the year proceeds due to new business openings and seasonal activity. Hotel/motel sales tax collections are upabout 15% (through August) compared to the same time last year. State/county shared revenues are tracking. to budget. Departmental expenditures were under budget. Other Funds State shared fuels taxes are tracking to budget. qt> Townwide development roadwaydevelo ment impact fees and alternative water impact fees revenues are meeting or exceeding budget. TOWN OF ORO `'ALLEY COUNCIL COMMUNICATION PAGE 2 OF Oro Valley Water Utility Retained earnings is 51,363,603. Water revenues may slightly exceed budget based on current collections. Capital expenses are below budget. 4)\-4 David L. Andrews Finance Director / 1 Chuck Swe.t Town Manager C C: Chuck Sweet, Town Manager All Department Heads Town olOro Vallev GENERAL FUND Budget Compared to Actuals Report Through September 50, 1999 Percentage of Year Completed 5/12 =25.05 1999/2000 7 Percentage September Y-T-0 Total olBudget Actuals Actuals Budget Completed REVENUES: • Local Taxes $ 405,150 791,703 $ 4,962,000 16.0% State/County Shared 387,065 960,623 4,503,000 21.35 Fines 15,051 49,063 201,000 24.4% Licenses & Permits 129,541 417,676 1,105,000 37.85 Charges For Services 32,686 81,702 220,600 37.0% Federal Grants 112,279 112,279 647,323 17.3% State Grants 12,587 23,132 281,993 Interest Earnings 28,765 64,212 318,600 20.2% Miscellaneous 2,178 16,999 15,500 109.7 a `Bond Proceeds�s � - - 2,700,000 � 0.05 Carr/Forward orward 7,531,724 TOTAL REVENUES 1,125,302 2,517,389 22,486,740 _ 16.8;0 EXPENDITURES: Town Council 3,614 18,146 81,983 22.1% Town Clerk 11,92'; 42,874 275,132 15.6% `Magistrate Court 29,226 69,454 340,173 20.4 ,n Manager 10.017 38,682 243,401 15.9 r,.Aman Resources 21,942 39,355 180,327 21.8% Economic Develop meet 13,624 31,571 313,249 10.1% F n- e 25,971 62,286 334,793 18.6701 Lega i 4 24,320 55,216 459,809 12.0% Community Development Administration 17,200 46,272 288,440 16.0% Panning & Zoning 54,776 140,257 956,491 14.7% Parks & Recreation 37,089 126,546 849,292 14.9% Police 370,017 966,803 5.450,974 17.7%, Police- Capital Contingency - - 132,493 0.0% Building Safety 42,037 118,402 934,772 12.7% Custodial & Facility Maintenance 15,665 24,625 14.6,752 16.8% General Administration: Personnel, Operations & Maintenance 15,628 63,700 381,674 16.7% Improvements - - 115,489 0.0%, Vehicles & Equipment - 160 24,500 0.75 Land - - 3,243,500 0.0% Transfers to Other Funds 699,554 699,554 1,901,810 36.8% Contingency/Reserve 5,831,686 TOTAL EXPENDITURES ' $ 1,392,603 $ 2,543,903 $ 22.486,740 15.3% REVENUES S LESS EXPENDITURES : $ (267,301) $ (26,514) NUE ND BALANCE AT-JULY Y 1, 1999 8,153,880 ' LCURREIVTFUND BALANCE $ 8,127,366 • Pre-audit Figure. 4 Town or Oro Valley HIGHWAY FUND Budget Compared to Actuals Report Through September 50, 1999 Percentage J oFYear Completed 3/12 =25.00 1999/2000 Percentage September Y-T-D Total olBudget Actuals Actuals Bucket Completed •t REVENUES: State Shared Fuels Tax $ 135,296 5 271,085 $ 1,629,000 , 16.6% Other Revenues 9,994 24,676 70,800 34.9% Transfer nom Debt Service Fund - - 73,860 0.0% • Carrvrorward of Fund Balance1,832,37 8 TO Tri L REVENUES 145.290 295,761 3,606.038 1 16.7% EXPENDITURES: Personnel 43,597 118,856 634,725 18.7% Operations & Maintenance 22,239 148,238 , 551,134 } 26.9%, Capital Improvements - - 1,030,000 0.0% Ecluivment& Vehicles - 17,330 240,000 7.2% _ase Purchase Payments - - 55,982 0 Cont:ncencv 1.09 =-,197 T �- �-, �, 6 .836 284,421. 5 5,606,058 I 11.570 TOT-4 L EX TUR�_ 5 -- ,'ZEVEN UESLESSE;XP EXPENDITURES S 79,454 5 11,537 FUND BA LA NCEAT-JULY 1, 1999 5 1,960,836 ' . CURRENT FUND BALANCE S 1,972,173 , 'Pre-audit figure. ii Town olOro Valley TOWNWIDE ROADWAY DEVELOPMENT IMPACT-FEES FUND Budget Carnpred to Actuals Report Through September 30,1999 1999/2000 Percen twee r September Y-77-0 Total of-Budgie-6 et p Actu.is Actuals Budder Complet=ed REVENUES PAG Reimbursement $ 70,000 $ 70,000 5 = 100.0 Interest-Investments 22,895 51,580 270,000 19.1% Deveiotiment Impact Fees 139,669 496,735 1,307,000 38.0 7, Carrvrorward of-Fund Baiance - - 5,428,238 TOTAL REVENUES 232,562 618,315 7,005,238 8.8% EXPENDITURES: Person n,e? - - 62,812 0.0 Outside Proressiona i Services - 16,178 80,000 -,- 2n.: improveralents 151,717 243,920 2158,000 11.670 Contincencv - - 4,724,426 TOTAL EXPENDITURES 5 151,717 $ 265,098 5 7,005,258 11.6 REVENUES LESS EXPENDITURES $ 80,845 $ 353,217 FUND BALANCE A TJUL Y 1, 1999 $ 6,133,360 ' CURRENTFUND BALANCE 5 6,486,577 i Town or Oro Valley PUBLIC TRA NSPOR TA TION FUND Budget Compared to Actuals Report Through September 30, 1999 Percentage or Year Completed 5/2 =5.0o 1999/2000 Percentage September Y-T D Total of-Budget Actuals Actuals Budget Completed REVENUES: HB 2565 State Grant $ - 3 - 5 11,000 0.0 Lcca l Tra nsPorfation Assistance Funds 36,5i8 36,548 156,000 23.4 Other 2,340 5,245 18,500 28.4% Carrvrorward or Fund aaiance 7-i,153 • TOTAL REVENUES 58,888 41,793 239.653 22.: c,YPE�V Dl TUR ES: Personnel 8,866 24,522 153.034. 16.0;7, Operations & Maintenance 7,457 ,435 59,923 23 14. , Capital Outav - - 2-4,980 0.0 Con tincenci :1.716 TOTAL EXPENDITURES 5 11523 5 52,957 l 5 259 53 13.9 �,.EVEiVUESLESSEXPENDITURES S 27.565 5 8.836 FUND BALANCE/4 TJULY 1, 1999 5 104,249 s CURRENT FUND BALANCE 5 113,085 Pre-audit fure. Town of Oro V 1Iev CPO RIVERFRONT PARK FUND Budget Comprecf to Actuals Report Through September 5 0,1999 Percentage orYe..7r Completed 5/12 =25.05 1999/2000 Percentage September Y-T D Total or/Budget Actuals Actuals Bucket Completed REVENUES. Pima County Bond Proceeds 5 - S - $ 1,250,000 0.0%, Transfer from General Fund 775,256 0.0% Interest-investments 1,60 3,100 - 100.0% Ca rrvrorwa rd of-Fund Ba is nce - - 388,876 TOTAL REVENUES 1,60: 5.100 2412,13 0.1%, EXPENDITURES: Outside ID'-oe_ssionai 5ervic s 7 CC- 11,595 85,000 17.6 I rn rovernen s 59,107 5 ,59 --)TA L EXPENDITURES 5 5 71190 5 1412:152 3.1 REVENUES LESS E'CPEVD/PJRES S (50,.j-C7 5 (7t090) FUND BA t4 NEA T/UL Y 1, 1999 5 574,253 ' CURRL AITFUND BALANCE 5 303,163 , Pre-audit figure. Town or Oro Valley MUNICIPAL FACILITIES CONSTRUCTION FUND Budget Compared to Actuals Report Through September 50,1999 Perce.7 tale J • oiYear Completed 5/12 _25.07; T 1999/2000 Percentage September Y-T-0 Total or Budget Actuals Actuals Budget Completed REVENUES: _ _ Interest-l nvesm encs 6 1,4-35,94L Cartvrorward cr Fund Balance - - TOTAL REVENUES 6.=:-'2C 13,367 1435,944 0.9 EXPENDITURES• Improvements 4,889 1 18,304 1,435,944' 1.3 0 TOTAL EXPENDITURES � ,88� 5 18,30E 5 1,435,944 1.35S ,i,889 REVENUES LEIS EXPENDITURES 5 1,-.1:67 5 ',9 7 I VD BALANCE A T)UL Y 1, 19995 1.5:73,400 ' CURRENT FUND BALANCE 1 1"s4`'5 ' Pre-audit figure. Town of Oro Valley ORO VALLEY WATER UTILITY Budgeted Income Statement Through September 50, 1999 Percentage oFYear Completed 5/12=25.00 1999/2000 Percentage September Y-T-D Total olBudget Actuals Actuals Budget Completed OPERATING R EVEN UES Water Revenues $ 477,168 $ 1,387,178 $ 5,228,000 26.5% Service Charges & Meter Income 28.210 63,466 209,000 30.4% TOTAL REVENUES 505,378 1,40,6 . 5,43 .000 26.7% OPERATING EXPENSES: Personnel 62.849 164,216 892.339 18.4%, Operations& Maintenance 83.354 254,046 1,695,891 15.0 Depreciation &Amortization 106,344 319,055 1,351,000 23.6% TOTAL OPERATING EXPENSES 252.54' 737,295 3,959,250 18.7% OPERA TING INCOME 252.851 713,549 1,497,770 47.6%' ^'nNOPERATING REVENUES (EXPENSES) `,.,„rest Income 26,956 56,450 190.000 29.770 Interest Expense 156,637 409,910 1,616,855 25.4 1 TOTAL NONOPERA TING R EVEJV UES (EXPENSES) (109.701) (353,460) (1,426,833 NET INCOME $ 143,130 $ 559,889 $ 70,937 RETAINED EARNINGS AT)uly 1, 1999 $ 1,003,714 $ 400,333 CURRENT RETAINED EARNINGS $ 1,363,603 471,270 • Pre-audit figure. i Town or Oro Valley ORO VALLEY WATER UTILITY Cash &Capital Budgets . Through September 50, 1999 T T • Bugger . Current ,7t Over/ Category Balance 6/.�0/?000 (Under) J 1 I Cash rrorn Operations 5 4,404,223 5 1,463,074 5 2,941,149 1996 MPC Bond Proceeds 79,646 - 79,646 1999 WPC Bond Proceeds I 858,990 966,610 (107,620 DebtServfce Reserves 2,287,940 2,287,940 - Totals i 7,630,799 I 4,717,624 2,913,175 September Y-T D 1992/2000 ,o Budge= CAPITAL BUDGET Actuals ,duals Total Budget Completed T �vlacHnery 6z E uipment 5 - 5 1,153 + $ 75,300 Vehicles - 240 169,000 _ 0.1 NMeters3,469 20,858 66.500 31.4% Weiis 7,047 2,047 550,000 0.4% Booster Stations - - 212,500 0.0% i Transmission/Distribution, Main --)7,93--) 2 2,932 490,800 477, Reservoirs - - 1,287,000 0.0% Hydrants - - I 7,500 C.0 y T Te ernetry - 963 170,750 0.; Structures - - 100,600 0.0 TOTAL CAPITAL BUDGET $ 28,448 ( $ 48,193 I $ 3,16 7,450 1.570, i Town orOro V.11ev ORO VALLEY WATER CONNECTION FEES FUND Budget Compared to Actuals Report Through September.�0, 1999 g Percentage or Year completed 5/12 =25 0 0 1999/2000 Percentage September YTD Total of-Budget Actuls Adudg als Bucket Completed REVENUES ,Connection Fees _ S 70,915 $ 173,058 5 773,000 ! 8,� - BOO. Interest-Investments 3.535 , 5 Carryi-orward or Fund Balance 743,303 TOTAL REVENUES 74. 1 180.910 X10 ►.318.303 ?. . .J E\'PENDITURES: _ improvements 33- 78 28.332 1,324,000 7.15 .:. .... Dei t Service Payments - � - 73,289 0.0 cntinaencv 121,014 TOTAL EXPEND/TURES 1 /ZE VENUES LESS EXPEND/TURES 5 4.6 118 152.578 VD BALANCE A TJUL Y i 1999 5 '33 CURRENT FUND BALANCE , 58:.011 i I ' Pre-audit Eiure. i TOWN OF ORO VALLEY,ARIZONA COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES- BUDGET AND ACTUAL-ALL GOVERNMENTAL FUND TYPES YEAR ENDED JUNE 30, 1999 General Special Revenue Variance Variance Favorable Favorable Budget Actual (Unfavorable) Budget Actual (Unfavorable) Revenues Taxes S 3,723,000 S 4,518,732 S 795,732 S - S - $ - Intergovernmental 4,766,346 5,073,616 307,270 2,007,000 1,699,194 (307,806) Fines and forfeitures 233,000 210,450 (22,550) 50,000 15,860 (34,140) Licenses and permits 1,001,000 1,396,431 395,431 17,000 15,389 (1,611) Charges for services 208,950 220,506 11,556 21,000 19,439 (1,561) Contributions and donations 21,000 2,001 (18,999) - - - Special assessments - - - - - - Interest 240,000 402,475 162,475 28,000 106,706 78,706 Other 2,300 16,187 13,887 21,820 675 (21,145) Total Revenues 10,195,596 1 1,840.398 1,644,802 2,144,820 1,857,263 (287,557) Expenditures Current General government 6,865,001 3,131,693 3,733,308 824,024 185,965 638,059 Public safety 5,233,850 5,048,148 185,702 224,634 22,520 202,114 Highways and streets - - - 3,055,991 1,149,073 1,906,918 Culture and recreation 632,654 636,302 (3,648) - - - Capital Outlay - - - - - - Debt service Principal retirement - - - - - - Interest and fiscal charges - - - - - - Bond issuance costs - - - - - - Total Expenditures 12,731,505 8,816,143 3,915,362 4,104,649 1,357,558 2,747,091 Excess of revenues over(under)expenditures (2,535,909) 3,024,255 5,560,164 (1,959,829) 499,705 2,459,534 Other financing sources(uses) Operating transfers in - - - 285,000 - (285,000) Operating transfers out (2,936,746) (599,040) 2,337,706 - - - Capital lease agreements 129,000 - (129,000) 45,000 34,781 (10,219) Proceeds from sale of bonds - - - - - - Total other financing sources(uses) (2,807,746) (599,040) 2,208,706 330,000 34,781 (295,219) Excess of revenues and other sources over(under)expenditures and other uses (5,343,655) 2,425,215 7,768,870 (1,629,829) 534,486 2,164,315 Fund balance,beginning of year 5,343,655 6,438,790 1,095,135 1,629,829 1,632,827 2,998 Fund balance,end of year S - S 8,864.005 S 8,864,005 S - S 2,167.313 S _2.167.313 The accompanying notes to financial statements are an integral part of this statement. 8 Debt Service Capital Projects Variance Variance Favorable Favorable Budget Actual (Unfavorable) Budget Actual (Unfavorable) $ - $ - $ - $ - $ - $ - - - - 666,000 7,593 (658,407) 28,855 34,099 5,244 1,748,000 2,438,735 690,735 14,812 8,208 (6,604) 188,000 392,200 204,200 150 34,040 33,890 - - - 43,817 76,347 32,530 2,602,000 2,838,528 236,528 - - - 10,873,946 878,843 9,995,103 447,111 400,000 47,111 43,186 - 43,186 379,713 310,982 68,731 30,104 30,104 - - - - - 52,126 52,126 826,824 710,982 115,842 10,947,236 961,073 9,986,163 (783,007) (634,635) 148,372 (8,345,236) 1,877,455 10,222,691 722,824 599,040 (123,784) 2,388,132 505,876 (1,882,256) - - - (479,210) (505,876) (26,666) - 172,279 172,279 915,030 1,518,070 603,040 722,824 771,319 48,495 2,823,952 1,518,070 (1,305,882) (60,183) 136,684 196,867 (5,521,284) 3,395,525 8,916,809 60,183 227.083 166,900 5,521,284 5,702,259 180,975 $ - $ 363.767 S 363,767 $ - $ 9 097,784 $ 9 097.784 The accompanying notes to financial statements are an integral part of this statement. 9 TOWN OF ORO VALLEY,ARIZONA COMBINED BALANCE SHEET-ALL FUND TYPES AND ACCOUNT GROUPS AS OF JUNE 30, 1999 Proprietary Governmental Fund Types Fund Type Special Debt Capital General Revenue Service Projects Enterprise Assets and Other Debits Assets Cash and investments $ 7,950,518 $ 3,168,885 $ 166,600 $ 7,946,004 $ 4,154,464 Cash on deposit with paying agent - - 393,362 1,877,229 2,183,445 Restricted assets - - - - 2,287,940 Accounts receivable 58,053 11,281 - 1,500 418,135 Taxes receivable 437,405 - - - - Intergovernmental receivable 379,003 131,302 - - - Interest receivable 29,888 10,688 125 31,837 22,276 Special assessments receivable - - 3,138 - - Due from other funds 454,454 - - - - Prepaid items 1,101 - - - - Advances to other funds 514,815 - - - - Deferred charges - - - - 931,061 Other assets - - - - 262,433 Fixed assets(net,where applicable, of accumulated depreciation) - - - - 26,086,097 Other Debits Amount available in debt service fund - - - - - Amount to be provided for retirement of general long-term debt - - - - - Total Assets And Other Debits $ 9.825.237 $ 3.322.156 $ 563.225 $ 9.856.570 $36 345.851 Liabilities,Equity and Other Credits Liabilities Accounts payable $ 262,663 $ 100,002 $ - $ 130,316 $ 518,666 Accrued wages and benefits 482,819 46,198 - - 20,286 Interest payable - - - - 750,018 Intergovernmental payable 16,894 - - - 767,550 Due to other funds - 149,111 196,320 109,023 - Customer deposits - 630,106 - 4,632 109,379 Deferred revenue 198,856 3,036 3,138 - - Compensated absences payable - - - - 16,186 Capital leases payable - - - - 23,172 Advances from other funds - - - 514,815 - General obligation bonds payable - - - - 27,606,679 Revenue bonds payable - - - - 3,186,183 Certificates of participation - - - - - Special assessment debt with government commitment - - - - - Total Liabilities 961,232 928.453 199.458 758,786 32,998.119 Equity and Other Credits Investment in general fixed assets - - - - - Contributed capital - - - - 2,335,870 Retained earnings Unreserved - - - - 1,011,862 Fund balances Reserved for preaid items 1,101 - - - - Reserved for advances 514,815 - - - - Unreserved,designated for unemployment benefits 195,312 25,135 - - - Unreserved,undesignated 8,152.777 2,368.568 363,767 9.097,784 - Total Equity and Other Credits 8,864.005 2,393,703 363.767 9,097,784 3,347,732 Total Liabilities,Equity and Other Credits $ 9,825.237 $ 3,322.156 $ 563.225 $ 9,856.570 $36 345.851 The accompanying notes to financial statements are an integral part of this statement. 4 Account Groups Totals General General (Memorandum Fixed Assets Long-term Debt Only) $ - $ - $23,386,471 _ - 4,454,036 - - 2,287,940 - - 488,969 - - 437,405 - - 510,305 - - 94,814 - - 3,138 - - 454,454 - - 1,101 - - 514,815 - - 931,061 - - 262,433 15,196,636 - 41,282,733 - 363,767 363,767 - 6,468,126 6,468,126 $15.196.636 $ 6,831,893 $81,941,568 $ - $ - $ 1,011,647 - - 549,303 - - 750,018 - - 784,444 - - 454,454 - - 744,117 - - 205,030 - - 16,186 - 71,893 95,065 - - 514,815 - 1,695,000 29,301,679 - - 3,186,183 - 4,975,000 4,975,000 - 90,000 90,000 - 6,831,893 42.677.941 15,196,636 - 15,196,636 - - 2,335,870 - - 1,011,862 ' - - 1,101 - - 514,815 - - 220,447 - 19,982,896 15,196,636 - 39,263,627 $ 15,196.636 $ 6,831.893 $81,941,568 The accompanying notes to fianacial statements are an integral part of this statement. 5 TOWN OF ORO VALLEY,ARIZONA COMBINED STATEMENT OF REVENUES,EXPENSES AND CHANGES IN RETAINED EARNINGS-ALL PROPRIETARY FUND TYPES YEAR ENDED JUNE 30, 1999 Enterprise Operating revenues Charges for sales and services $ 4,925,501 Total operating revenues 4,925,501 Operating expenses Costs of sales and services 2,620,007 Depreciation 1,186,978 Total operating expenses 3,806,985 Operating income 1,118,516 Nonoperating revenues(expenses) Intergovernmental 1,500 Interest revenue 288,095 Interest expense (1,481,921) Issuance costs (44,573) Other 4,205 Total nonoperating revenues(expenses) (1,232,694) Net income (114,178) Retained earnings,beginning of year 1,126,040 Retained earnings,end of year $ 1 011 862 t The accompanying notes to financial statements are an integral part of this statement. 10 TOWN OF ORO VALLEY,ARIZONA COMBINED STATEMENT OF CASH FLOWS-ALL PROPRIETARY FUND TYPES YEAR ENDED JUNE 30, 1999 Enterprise INCREASE(DECREASE)IN CASH AND CASH EQUIVALENTS Cash flows from operating activities Cash received from customers $ 5,058,196 Cash payments to employees for services (476,906) Cash payments to suppliers for goods/services (1,813,570) Nonoperating revenues 4,205 Customer deposits received 44,280 Net cash provided(used)by operating activities 2,816,205 Cash flows from non-capital financing activities Intergovernmental revenue 1,500 Net cash provided(used)for non-capital financing activities 1,500 Cash flows from capital and related financing activities Acquisition of capital assets (989,016) Principal paid on capital leases (11,609) Interest paid on capital leases (821) Principal paid on general obligation bonds (325,000) Interest paid on general obligation bonds (1,490,645) Revenue bond proceeds 2,284,906 Net cash provided(used)for capital and related financing activities (532,185) Cash flows from investing activities Interest 288,524 Net cash provided by investing activities 288,524 Net increase(decrease)in cash and cash equivalents 2,574,044 Cash and cash equivalents at beginning of year 6,051,805 Cash and cash equivalents at end of year S 8,625,849 RECONCILIATION OF CASH AND CASH EQUIVALENTS TO THE BALANCE SHEET Cash and investments per the balance sheet S 4,154,464 Cash on deposit with paying agent 2,183,445 Restricted assets 2,287,940 Total S 8.625,849 (Continued) The accompanying notes to financial statements are an integral part of this statement. 11 TOWN OF ORO VALLEY,ARIZONA COMBINED STATEMENT OF CASH FLOWS-ALL PROPRIETARY FUND TYPES YEAR ENDED JUNE 30, 1999 (Concluded) Enterprise RECONCILIATION OF OPERATING INCOME TO NET CASH PROVIDED BY OPERATING ACTIVITIES Operating income S 1,118,516 Adjustments to reconcile operating income to net cash provided by operating activities Depreciation 1,186,978 Nonoperating revenues 4,205 (Increase)decrease in operating assets Accounts receivable 144,213 Prepaid expenses 90 Increase(decrease)in operating liabilities Intergovernmental payable (11,518) Accounts payable 314,843 Accrued payroll 7,223 Compensated absences payable 7,375 Customer deposits 44,280 Net cash provided(used)by operating activities S 2 816 205 NON-CASH INVESTING,CAPITAL AND FINANCING ACTIVITIES Bond issuance costs of$44,573 were amortized during the year. Bond issuance costs of$65,594 were capitalized during the year. The Town received$1,036,252 in fixed assets from the dissolution of the joint venture during the year. The accompanying notes to financial statements are an integral part of this statement. 12 1 CRONSTROM & TRBOVICH IP U B L I A C C O U NTA N T S 1� INDEPENDENT AUDITOR'S REPORT The Honorable Mayor and the Town Council of the Town of Oro Valley, Arizona We have audited the accompanying general-purpose financial statements of the Town of Oro Valley, Arizona (Town), as of and for the year ended June 30, 1999, as listed in the table of contents. These general-purpose financial statements are the responsibility of the Town's management. Our responsibility is to express an opinion on these general-purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general-purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general-purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general-purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general-purpose financial statements referred to above present fairly, in all material respects, the financial position of the Town of Oro Valley, Arizona as of June 30, 1999, and the results of its operations and the cash flows of its proprietary fund types for the year then ended in conformity with generally accepted accounting principles. In accordance with Government Auditing Standards, we have also issued a report dated September 20, 1999 on our consideration of the Town's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and grants. Our audit was made for the purpose of forming an opinion on the general-purpose financial statements taken as a whole. The combining and individual fund and account group financial statements and schedules listed in the table of contents as supplementary information are presented for purposes of additional analysis and are not a required part of the general-purpose financial statements. Such information has been subjected to the auditing procedures applied in the audit of the general-purpose financial statements and, in our opinion, is fairly stated in all material respects in relation to the general-purpose statements taken as a whole. 1 8706 EAST MANZANITA DRIVE, SUITE 100 • SCOTTSDALE, ARIZONA 85258 • (602) 348-1102 • FAX 348-1104 A PROFESSIONAL CORPORATION The other information included in this report, designated as the "Statistical Section" in the table of contents, was not audited by us and, accordingly, we express no opinion on it. (tectv\xli—tt(4wi 4Um-o-itt\.. )7 c ,Cronstrom & Trbovich, P.C. September 20, 1999 2 JP\_LEY A An O . O O 3 - 4.ipt `Y TOWN OF ORO VALLEY 11000 N. LA CANADA DRIVE ORO VALLEY, ARIZONA 85737 Administrative Offices(520)297-2591 Fax(520)297-0428 www.ci.oro-valley.az.us °UN September 20, 1999 TO THE HONORABLE MAYOR AND COUNCIL Town of Oro Valley, Arizona The Comprehensive Annual Financial Report (CAFR) of the Town of Oro Valley for the year ended June 30, 1999, is hereby submitted. Local ordinances and state statutes require that the Town issue annually a report on its financial position and activity, and that this report be audited by an independent firm of certified public accountants. Responsibility for both the accuracy of the data, and the completeness and fairness of the presentation, including all disclosures, rests with management. To the best of our knowledge and belief, the enclosed data are accurate in all material respects and are reported in a manner that presents fairly the financial position and results of operations of the various funds and account groups of the Town of Oro Valley. All disclosures necessary to enable the reader to gain an understanding of the Town's activities have been included. The Comprehensive Annual Financial Report is presented in three sections: Introductory, Financial and Statistical. The Introductory Section includes this letter of transmittal, the GFOA Certificate of Achievement, an organizational chart and a list of the Town of Oro Valley's elected officials and department heads. The Financial Section includes the general purpose financial statements and the combining and individual fund and account group financial statements and schedules, as well as the independent auditor's report on these financial statements and schedules. The Statistical Section includes selected financial and demographic information, generally presented on a multi-year basis. The Town of Oro Valley is required to undergo an annual single audit in conformity with the provisions of the Single Audit Act of 1996 and U.S. Office of Management and Budget's Circular A-133, Audits of State and Local Governments. The auditor's report states that the Town of Oro Valley, Arizona, complied, in all material respects, with the provisions required of the Single Audit Act of 1996 and U.S. Office of Management and Budget Circular A-133,Audits of States, Local Governments, and Non-Profit Organizations. The financial reporting entity (the Town) includes all the funds and account groups of the primary government (i.e., the Town of Oro Valley as legally defined). The Town provides a full range of services including police protection; the construction and maintenance of streets and infrastructure; the provision of water services; public transportation services; recreational activities and cultural events. In addition to general government activities, the governing body is financially accountable for the Municipal Property Corporation; therefore, this activity is included in the reporting entity. GOVERNMENTAL STRUCTURE, LOCAL ECONOMIC CONDITION AND OUTLOOK Governmental Structure Oro Valley was incorporated in 1974. It is located in northeastern Pima County and has a land area of 32 square miles. The current population is estimated at 25,455. The town government operates under the Council-Manager form of government. Policymaking and legislative authority is vested in the Town Council, which consists of a Mayor and four Councilmembers. Councilmembers are elected to four-year staggered terms. The Mayor is elected by the citizens of Oro Valley. The Vice-Mayor is selected by the Council from among its members. The Town Council is responsible, among other things, for the adoption of local ordinances, budget adoption, the development of citizen advisory committees and the hiring of the Town Manager. The Manager is responsible for implementation of the policies of the Town Council. The Town Manager appoints all department heads except the Town Clerk, Chief of Police, Town Engineer and Magistrate. Local Economic Condition and Outlook The economic outlook for the Town of Oro Valley is anticipated to remain positive over the next five to ten years. Sales tax collections from the construction, retail trade, and hotel/motel lodging industries constituted approximately 91% of all sales tax receipts for the fiscal year ended June 30, 1999. Construction sales tax collections of $2,397,601 comprised 56% of all sales tax receipts for the fiscal year. This figure reached an all time high this year and exceeded last fiscal year by approximately 26%. The previous high was FY 1995/96 when $2,220,000 in construction related sales taxes were collected. Sales tax collections from retail trade continued to increase and offer considerable opportunities for growth and sales tax base diversification. Approximately $674,000 was collected in FY 1998/99, a 31% increase over the previous year. Collections in FY 1999/2000 are estimated to double to around $1.3M as several major new retailers will be open for business in the new fiscal year. Additional retail interest continues to remain strong among commercial developers. The hotel/motel lodging industry makes up about 19% of the Town's sales tax base. Receipts decreased 2.5% from the previous year. However, several new projects are under consideration and continued industry demand should help to maintain and possibly significantly expand the industry as a major revenue source for the Town. Other revenue sources such as state shared revenues, grants and impact fees are expected to remain stable and reliable over the next few years. Based on the Town's population growth, the Year 2000 Census may increase the Town's portion of state shared revenues by approximately $2.7M, beginning in fiscal year 2001/02. ii MAJOR INITIATIVES The Town of Oro Valley has started and is anticipated to complete several major capital improvement projects in fiscal year 1999/2000. The Town began preliminary architectural and landscaping work on the CDO Riverfront Park in this fiscal year. The budget for fiscal year 1999/2000 includes funding in the amount of $2,412,132 for the completion of the park which is scheduled to open in the spring of 2000. Another major capital project that began in this fiscal year is the construction of a 9,810 square foot development services building to be located at the existing Town hall facility. The building will be for the community development and the public works departments. The facility is scheduled for completion in February or March of 2000. The estimated cost of the project is $1,525,000 including architectural and engineering, construction, furnishings and costs of issuance. Pima County held a bond election in May 1997 that included funding to establish a new northwest branch library. A facility to be built in Oro Valley has been approved by the County with $2M funding coming from Pima County. Estimated costs to complete this project is $4,144,000. The balance of the necessary funding will be provided by Oro Valley. The Town is also considering the possible purchase of state land from the Arizona State Land Department in the amount of approximately $3,072,000. The State Land Department may hold an auction in December, 1999. Future roadway improvement projects include a townwide drainage basin study, bicycle lanes, landscaping design for La Canada Drive and traffic signal installations to be funded by the Highway Fund and Townwide Development Impact Fees Fund. The Town may consider the formation of an Oracle Road Improvement District. The improvement district will be for roadway improvements along Oracle Road and will be assessed against commercial property owners along a proposed district boundaries. In June, 1999 the Oro Valley Water Utility took over the Oro Valley Water Improvement District's share of the joint venture with the Metropolitan Domestic Water Improvement District. In fiscal year 1999/2000, capital improvements to this area includes replacing water mains, fire hydrants and upgrades to existing booster stations. Other water utility capital projects include the construction of a replacement well, installation of water mains, telemetry equipment and construction of four new reservoirs. iii FINANCIAL INFORMATION Town Management is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the government are protected from loss, theft, or misuse and to ensure that adequate accounting data are compiled to allow for the preparation of financial statements in conformity with generally accepted accounting principles. The internal control structure is designed to provide reasonable, but not absolute, assurance that these objectives are met. The concept of reasonable assurance recognizes that: (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgements by management. As a recipient of federal and state financial assistance, the Management is also responsible for ensuring that an adequate internal control structure is in place to ensure and document compliance with applicable laws and regulations related to these programs. This internal control structure is subject to periodic evaluation by management. As a part of the Town's single audit, tests were made of the internal control structure and of its compliance with applicable laws and regulations, including those related to federal financial assistance programs. Although this testing was not sufficient to support an opinion on the Town's internal control system or its compliance with laws and regulations related to nonmajor federal financial assistance programs, the audit for the year ended June 30, 1999, disclosed no material internal control weaknesses or material violations of laws and regulations. In addition, the Town of Oro Valley maintains extensive budgetary controls. The objective of these controls is to ensure compliance with legal provisions embodied in the annual appropriated budget approved by the government's council. Activities of the general fund, certain special revenue funds, enterprise funds, debt service funds and capital projects funds are included in the annual budget. The level of budgetary control (i.e., the level at which expenditures cannot legally exceed the appropriated amount) is the departmental level for the General Fund and in total by fund for the other funds. The Town also maintains an encumbrance accounting system as one method of maintaining budgetary control. Encumbered amounts lapse at year end. However, outstanding encumbrances generally are reappropriated as part of the subsequent year's budget. As demonstrated by the statements and schedules included in the Financial Section of this report, the Town of Oro Valley continues to meet its responsibility for sound financial management. iv General Government Functions The following schedule presents a summary of General Fund, Special Revenue Funds, Debt Service Funds and Capital Projects Funds revenues for the fiscal year ended June 30, 1999 and the amount of increases and decreases in relation to the prior year. Increase/(Decrease) 1998/99 Percent From 1997/98 1997/98 Revenue Category Amounts Of Total Amount Percent Amounts Local taxes $ 4,518,732 27.0% $ 673,788 17.5% $ 3,844,944 Intergovernmental 6,780,403 40.4 517,881 8.3 6,262,522 Fines & forfeiture 331,032 2.0 (64,442) (16.3) 395,474 Licenses &permits 1,411,820 8.4 328,928 30.4 1,082,892 Charges for services 239,945 1.4 (40,837) (14.5) 280,782 Contributions & donations 2,001 .0 (35,277) (94.6) 37,278 Special assessments 2,472,834 14.8 416,850 20.3 2,055,984 Interest 960,231 5.7 315,542 48.9 644,689 Other income 50,902 .3 (11,951) (19.0) 62,853 Total $ 16,767,900 100.0% $ 2,100,482, 14.3% $ 14,667,418 As shown in the schedule above revenues increased by $2,100,482 in fiscal year 1998/99 in comparison to fiscal year 1997/98. Local taxes, intergovernmental revenues and licenses and permits were the major revenue sources that accounted for the increase. Local taxes increased by $673,788 primarily due to construction related sales tax collections from residential building activity. Revenue sources related to construction did much better than anticipated this fiscal year. Intergovernmental revenues increased by $517,881. State and county shared revenues increased by $264,712. Federal and state grants increased by $253,169, which included $220,000 from a federally funded COPS Universal grant. Licenses and permits increased by $328,928 primarily due to residential building permit fees. The following schedule presents a summary of General Fund, Special Revenue Funds, Debt Service Funds and Capital Projects Fund expenditures for the fiscal year ended June 30, 1999 and the increases and decreases in relation to prior year amounts. v 1 Increase/(Decrease) 1998/99 Percent From 1997/98 1997/98 Expenditure Category Amounts Of Total Amount Percent Amounts Current General government $ 3,317,668 27.6% $ 437,100 15.2% 5 2,880,568 Public safety 5,240,616 43.6 989,385 23.3 4,251,231 Highways and streets 1,149,073 9.6 (58,364) (4.8) 1,207,437 Culture and recreation 636,302 5.3 (10,844) (1.7) 647,146 Capital outlay 878,843 7.3 40,900 4.9 837,943 Debt Service Principal 400,000 3.3 (10,000) (2.4) 410,000 Interest and fiscal charges 341,086 2.8 10,916 3.3 330,170 Bond issuance costs 52,126 .5 52,126 N/A -0- Total Expenditures $ 12,015,714 100.0% $ 1,451,219 13.7% $ 10,564,495 Total expenditures increased by $1,451,219 or 13.7% primarily in the categories of general government and public safety. General government expenditures increased by $437,100. Expenditures increased due to personnel, facility maintenance and general operations. Additional personnel were added in most departments as a result of the Town's population growth. The increase of$989,385 in public safety was mainly attributed to additional personnel for the police department. Staff additions include eight police officers who were hired in conjunction with the federally funded COPS Universal grant and a clerical position in the records division. Federal seizure and forfeiture funds were used to purchase a mobile command specialty vehicle, computer work stations and computer hardware/software. Increases in capital outlay includes expenditures for preliminary architectural and landscaping services in the amount of $159,881 for the construction of the CDO Riverfront Park and $166,009 for the community development building. Additional funds of$312,785 in roadway impact fees were expended while water impact fee expenditures decreased. General Fund Balance The fund balance of the General Fund increased by $2,425,215 from June 30, 1998. This increase was primarily due to increases in local taxes, intergovernmental revenues and licenses and permits. vi Enterprise Operations At June 30, 1999, retained earnings for the Oro Valley Water Utility was $1,011,862. Included in retained earnings is $432,860 which is the Town's portion of equity, capital assets and related debt received upon the dissolution of the joint venture with Metropolitan Domestic Water Improvement District (MDWID). The total contributed capital of $2,335,870 includes $1,534,245 from executed line extension agreements with area developers. Revenues of $5,219,301 exceeded budget by $416,188. Net income at June 30, 1999 was a negative $114,178. The utility settled a lawsuit for approximately $415,000 which was charged to the fiscal year. Debt Administration At June 30, 1999, the Town had one improvement district bond, two municipal property corporation bonds, and two certificates of participation issues outstanding. The outstanding principal totaled $90,000 for the 1989 Naranja Road Improvement District Serial Bonds and $27,606,679 for the Municipal Property Corporation Bonds. The 1989 Certificates of Participation for the Town Hall facilities had outstanding principal of$170,000 and the 1996 Certificates of Participation for the land purchases had outstanding principal of $4,805,000. In June, 1999, the Town issued Municipal Property Corporation Bonds for future improvements to the Oro Valley Water Utility and for construction of a community development building with outstanding principal of$3,186,183 and $1,695,000, respectively. Capital leases include, a police voice logger and a wheel loader with principal balances of $17,044 and $31,677 respectively. The Town entered into another capital lease for the purchase of a backhoe to be shared between public works and the water utility. Outstanding principal is $46,344. An advance from the General Fund to the Oro Valley Connection Fees Fund was made in the amount of$558,000 on June 1, 1998. Outstanding principal at June 30, 1999 is $514,815. Cash Management Policies and Practices The Town uses a system of consolidated cash management. Cash from all funds is pooled in a central disbursement fund. Cash to be used for payment of current expenditures is maintained in a checking account, the balance of cash is maintained on deposit with the Arizona State Treasurer's Local Government Investment Pool. Cash in the Local Government Investment Pool is available upon 24 hours notice. The LGIP invests in U.S. Treasury Notes, U.S. Treasury Bills and federally guaranteed insurance contracts. The average interest rate for fiscal year 1997/98 was 5.794% and 5.339% for fiscal year 1998/99. Investments held at LGIP earned interest revenue of$759,119 for the year ended June 30, 1999. A debt service reserve fund was established for the Municipal Property Corporation (MPC) municipal water system acquisition bonds. The MPC bonds issued this year were deposited in the same funds. These monies, along with funds for future water improvement projects and the construction of the development services building are maintained in a trust account with Norwest Bank. These funds are invested solely in obligations that are issued or guaranteed by the U.S. Treasury, such as U.S. Treasury bills, bonds and notes ("U.S. Treasury Securities"). Interest on investments held with the trustee earned $126,023 for fiscal year 1998/99. vii An account was opened with Norwest Bank for the acquisition and development of three parcels of land purchased in FY 1996/97. Funds remaining in this account will be used for the development of the CDO Riverfront Park. Funds held on deposit are invested in obligations that are issued or guaranteed by the U.S. Treasury, such as U.S. Treasury bills, bonds and notes ("U.S. Treasury Securities"). Interest on investments held with the trustee earned $28,258 for fiscal year 1998/99. Risk Management The Town of Oro Valley participates in the Arizona Municipal Risk Retention Pool. Risk coverage includes general liability, errors and omissions, property and automobile insurance. The policy insures up to $2,000,000 per incident occurrence plus any excess liability of up to $10,000,000 per occurrence per year. Coverage is provided on a claims made basis. The Town participates in the Arizona Municipal Workers Compensation Pool for workers compensation insurance coverage. The Town of Oro Valley is self-insured for unemployment compensation. Unemployment reserves totaled $228,593 as of June 30, 1999 for the Town's 197 employees. Other Information Independent Audit Arizona statutes require an annual audit by independent certified public accountants. The firm of Cronstrom and Trbovich P.C., CPAs was retained by the Town to perform the 1999 audit. In addition to meeting the requirements set forth in state statutes, the audit was also designed to meet the requirements of the federal Single Audit Act of 1996 and the related U.S. Office of Management and Budget's Circular A-133. Generally accepted auditing standards and the standards set forth in the General Accounting Office's Government Auditing Standards were used by the auditors in conducting the engagement. The auditor's report on the general-purpose financial statements and combining and individual fund statements and schedules is included in the Financial Section of this report. The auditor's reports on internal controls and compliance with applicable laws and regulations can be found in a separately issued single audit report. Awards The Government Finance Officers Association (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the Town for its Comprehensive Annual Financial Report for the year ended June 30, 1998. In order to be awarded a Certificate of Achievement, the Town published an easily readable and efficiently organized comprehensive annual financial report. The report satisfied both generally accepted accounting principals and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe that our current Comprehensive Annual Financial Report continues to meet the Certificate of Achievement Program's requirements and we are submitting it to the GFOA to determine its eligibility for another certificate. viii Acknowledgements We would also like to extend our appreciation to the Mayor and Council for their leadership and support. The preparation of this Comprehensive Annual Financial Report was made possible by the dedicated work of the Finance Department staff. Each member of the department has our sincere appreciation for the contributions made in the preparation of this report. Respectfully submitted, fr Chuck Sweet Town Manager David L. Andrews Finance Director ix TOWN OF ORO VALLEY, ARIZONA REPORT ON EXAMINATION OF ANNUAL EXPENDITURE LIMITATION REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 1999 a . TOWN OF ORO VALLEY, ARIZONA TABLE OF CONTENTS FISCAL YEAR ENDED JUNE 30, 1999 Contents Page Independent Auditor's Report 1 Annual Expenditure Limitation Report - Part I 2 Annual Expenditure Limitation Report - Part II 3 Annual Expenditure Limitation Report - Reconciliation 4 Notes to Annual Expenditure Limitation Report 5 . - C} CI CRONSTROM EII I &ATRBOVICH C C O U N T A N T S INDEPENDENT AUDITOR'S REPORT The Auditor General of the State of Arizona and the Honorable Mayor and Town Council of the Town of Oro Valley, Arizona We have audited the accompanying Annual Expenditure Limitation Report of the Town of Oro Valley, Arizona, for the year ended June 30, 1999. This report is the responsibility of the Town of Oro Valley, Arizona's management. Our responsibility is to express an opinion on this report based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the report is free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the report. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall report presentation. We believe that our audit provides a reasonable basis for our opinion. The accompanying Annual Expenditure Limitation Report was prepared for the purpose of complying with the uniform expenditure reporting system as discussed in Note 1, and is not intended to be a presentation in conformity with generally accepted accounting principles. In our opinion, the Annual Expenditure Limitation Report of the Town of Oro Valley, Arizona, for the year ended June 30, 1999, referred to above presents fairly, in all material respects, the information required by the uniform expenditure reporting system on the basis of accounting described in Note 1. This report is intended solely for the information and use of the Town and filing with the Auditor General of the State of Arizona and is not intended to be and should not be used by anyone other than these specified parties. However, this report is a matter of public record and its distribution is not limited. emhurkittliv\-14--61f0jaA 1? . Cronstrom & Trbovich, P.C. September 20, 1999 1 8706 EAST MANZANITA DRIVE,SUITE 100 • SCOTTSDALE, ARIZONA 85258 • (602) 348-1102 • FAX 348-1104 A PROFESSIONAL CORPORATION TOWN OF ORO VALLEY,ARIZONA ANNUAL EXPENDITURE LIMITATION REPORT-PART I YEAR ENDED JUNE 30, 1999 1. EEC Expenditure Limitation $ 2. Voter-approved alternative expenditure limitation 38,823,040 3. Enter amount from line 1 or 2 38,823,040 4. Amount subject to expenditure limitation(total amount form Part II, line C) 19,209,842 5. Board-authorized expenditures necessitated by a disaster declared by the Governor and not approved by the voters (Art. IX,20[2][a],Arizona Constitution) 6. Board-authorized expenditures necessitated by a disaster not declared by the Governor and approved by the voters (Art. IX, 20[2][b],Arizona Constitution) 7. Prior-year voter approval of expenditures to exceed expenditure limitation for reporting fiscal year(Art. IX,20[2][c], Arizona Constitution) 8. Subtotal 19,209,842 9. Board-authorized excess expenditures for the previous fiscal year not approved by the voters (Art. IX,20[2][b],Arizona Constitution) 10. Total adjusted amount subject to the expenditure limitation 19,209,842 11. Amount under(in excess of)the expenditure limitation(If excess expenditures are reported,provide an explanation) $ 19,613,198 I hereby certify, to the best of my knowledge and belief, that the information contained in this report is accurate and in accordance with the requirements of the uniform expenditure reporting Signature of Chief Fiscal Officer: 2 , Name and Title: David L. Andrews,Finance Director Telephone No: (520)297-2591 Date: September 20, 1999 2 N t t t t ell t t t t i i t t t t t N 00 0O +, O O O N N 69 69 00 t 00 V (N (N C w (; w • 6A t 2C E— L=. EA dq M t M N N N O O H cO 0, U a, a. Q .36A zo a 0 w ac 7N t Z O 00 oo N ," Op M• ~ U 'C7 O 0,� Qz Q _ N N J F cn w o .-1 O Q 6A w LI. O H LL Ca LL t _ > = t,- N Q z z 6A 6A M t M C c = 00 LL 00 (D 00 00 6A yq C 0 'L7 ii c a) c 77i C G� N 8 O O O O b O V «� U U co U :! e O O C C Mt Cto = CA C a. 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TOWN OF ORO VALLEY, ARIZONA NOTES TO ANNUAL EXPENDITURE LIMITATION REPORT YEAR ENDED JUNE 30, 1999 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The Annual Expenditure Limitation Report (AELR) is presented on the basis of accounting prescribed by the uniform expenditure reporting system (UERS), as required by Arizona Revised Statutes §41-1279.07, and in accordance with the voter- approved alternative expenditure limitation plan adopted July 20, 1994, as authorized by the Arizona Constitution, Article IX, §20 (9). 5 TOWN OF ORO VALLEY, ARIZONA SINGLE AUDIT ACT REPORTS FOR THE FISCAL YEAR ENDED JUNE 30, 1999 TOWN OF ORO VALLEY, ARIZONA TABLE OF CONTENTS FISCAL YEAR ENDED JUNE 30, 1999 Page Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 1 Report on Compliance with Requirements Applicable to each Major Program and Internal Control over Compliance in Accordance with OMB Circular A-133 3 Summary of Auditor's Results 5 Financial Statement Findings 6 Federal Award Findings and Questioned Costs 6 Summary Schedule of Prior Audit Findings 6 Supplementary Schedule of Expenditures of Federal Awards 7 . . . 1 C} CI CRONSTROMTRBOVICH& C E RT I I E D PUBLIC A C C O U N TA N T S REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS The Honorable Mayor and Town Council of the Town of Oro Valley, Arizona We have audited the financial statements of Town as of and for the year ended June 30, 1999, and have issued our report thereon dated September 20, 1999. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. As part of obtaining reasonable assurance about whether Town's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. In planning and performing our audit, we considered Town's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. However, we noted other matters involving the internal control over financial reporting that we have reported to management of the Town of Oro Valley, Arizona in a separate letter dated September 20, 1999. 1 8706 EAST MANZANITA DRIVE,SUITE 100 • SCOTTSDALE, ARIZONA 85258 • (602) 348-1 102 • FAX 348-1104 A PROFESSIONAL CORPORATION . This report is intended solely for the information and use of the members of the Arizona State Legislature, the Auditor General of the State of Arizona, the Town Council, federal awarding agencies, and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. However, this report is a matter of public record and its distribution is not limited. 7-C-•DIVv�- i Cronstrom & Trbovich, P.C. September 20, 1999 2 4 C} CI CR0 NSTROM & C E R T I I E D PUBLIC ACCOUNTANT REPORT ON COMPLIANCE WITH REQUIREMENTS APPLICABLE TO EACH MAJOR PROGRAM AND INTERNAL CONTROL OVER COMPLIANCE IN ACCORDANCE WITH OMB CIRCULAR A-133 The Honorable Mayor and Town Council of the Town of Oro Valley, Arizona We have audited the compliance of Town with the types of compliance requirements described in the U. S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement that are applicable to each of its major federal programs for the year ended June 30, 1999. Town's major federal programs are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations, contracts and grants applicable to each of its major federal programs is the responsibility of Town's management. Our responsibility is to express an opinion on Town's compliance based on our audit. We conducted our audit of compliance in accordance with generally accepted auditing standards; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about Town's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination on Town's compliance with those requirements. In our opinion, Town complied, in all material respects, with the requirements referred to above that are applicable to each of its major federal programs for the year ended June 30, 1999. The management of Town is responsible for establishing and maintaining effective internal control over compliance with requirements of laws, regulations, contracts and grants applicable to federal programs. In planning and performing our audit, we considered Town's internal control over compliance with requirements that could have a direct and material effect on a major federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133. 3 8706 EAST MANZANITA DRIVE,SUITE 100 • SCOTTSDALE, ARIZONA 85258 • (602) 348-1102 • FAX 348-1104 A PROFESSIONAL CORPORATION ti • e Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that noncompliance with applicable requirements of laws, regulations, contracts and grants that would be material in relation to a major federal program being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over compliance and its operation that we consider to be material weaknesses. However, we noted certain immaterial instances of noncompliance that we reported to management of the Town of Oro Valley in a separate letter dated September 20, 1999. We have audited the general-purpose financial statements of Town as of and for the year ended June 30, 1999, and have issued our report thereon dated September 20, 1999. Our audit was performed for the purpose of forming an opinion on the general-purpose financial statements taken as a whole. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by OMB Circular A-133 and is not a required part of the general-purpose financial statements. Such information has been subjected to the auditing procedures applied in the audit of the general-purpose financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the general-purpose financial statements taken as a whole. This report is intended solely for the information and use of the members of the Arizona State Legislature, the Auditor General of the State of Arizona, the Town Council, federal awarding agencies, and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. However, this report is a matter of public record and its distribution is not limited. eitalAktit4V• 4-t-O-0-ut. 1 . Cronstrom & Trbovich, P.C. September 20, 1999 4 TOWN OF ORO VALLEY, ARIZONA SCHEDULE OF FINDINGS AND QUESTIONED COSTS FISCAL YEAR ENDED JUNE 30, 1999 SECTION I - SUMMARY OF AUDITOR'S RESULTS Financial Statements Type of auditor's report issued: Unqualified Internal control over financial reporting: • Material weakness(es) identified? yes X no • Reportable condition(s) identified not considered to be material weaknesses? yes X none reported • Noncompliance material to financial statements noted? yes X no Federal Awards Internal Control over major programs: • Material weakness(es) identified? yes X no I • Reportable condition(s) identified not considered to be material weaknesses? yes X none reported Type of auditor's report issued on compliance for major programs: Unqualified Any audit findings disclosed that are required to be reported in accordance with Circular A-133, Section .510(a)? yes X no Identification of major programs: CFDA Number(s) Name of Federal Program or Cluster 16.592 U.S. Department of Justice - COPS FAST Dollar threshold used to distinguish between Type A and Type B programs: $300,000 Auditee qualified as low-risk auditee? X yes no 5 ti • TOWN OF ORO VALLEY, ARIZONA SCHEDULE OF FINDINGS AND QUESTIONED COSTS FISCAL YEAR ENDED JUNE 30, 1999 SECTION II FINANCIAL STATEMENT FINDINGS No matters reported. SECTION III FEDERAL AWARD FINDINGS AND QUESTIONED COSTS No matters reported. SECTION IV SUMMARY SCHEDULE OF PRIOR AUDIT FINDINGS There were no prior audit findings. 6 TOWN OF ORO VALLEY,ARIZONA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS YEAR ENDED JUNE 30, 1999 Federal Pass-through CFDA Grantor's Grantor Agency Number Number Revenues Expenditures U.S.Department of Justice COPS FAST 16.592 N/A $ 341,753 $ 341,753 DEA 16.Unknown N/A 6,519 6,519 Passed through the City of Tucson: High Intensity Drug Trafficking Area(HIDTA) 16.579 092-2167 120,179 120,179 Metropolitan Area Narcotics Trafficking Interdiction Squads(MANTIS) 16.579 092-2180 60,729 60,729 Total U.S.Department of Justice 529,180 529,180 TOTAL FEDERAL AWARDS $ 529,180 $ 529,180 (1) This schedule was prepared on the modified accrual basis of accounting. 7 F • M C} CI CRONSTROMTRBOVICH& C E R T I I E D P U B L I A C C O U N T A N T S Town of Oro Valley 11000 North La Canada Drive Oro Valley, Arizona 85737 During the course of our audit of the Town's general-purpose financial statements for the fiscal year ended June 30, 1999, we noted the following nonreportable conditions and immaterial instances of noncompliance which were not required to be reported in the Single Audit Act Reports, but we felt should be brought to your attention: DEPOSITS PAYABLE Condition Proper documentation for the Assurance Fund deposits payable was not always maintained. Context Six of fifteen deposit payables tested. . Criteria Internal control procedures. Effect Failure to comply with internal control procedures. Cause The proper backup/documentation were not properly filed. Recommendation In order to strengthen internal control over deposits payable, proper documentation should be maintained and the liability should be reconciled to deposits. 1 of 2 8706 EAST MANZANITA DRIVE,SUITE 100 • SCOTTSDALE, ARIZONA 85258 • (602) 348-1 102 ■ FAX 348-1104 A PROFESSIONAL CORPORATION UTILITIES RECEIVABLE AND UTILITIES REVENUES Condition The aging utilities receivable ledger and several revenue subsidiary ledgers did not reconcile to the general ledger. Context Several revenue subsidiary ledgers in the enterprise fund were not reconciled to the general ledger. In addition, the utility receivable subsidiary ledger was not reconciled to the general ledger. Criteria Generally Accepted Accounting Principles Effect Customer receivable accounts and utility revenues were recorded inaccurately. Cause A software change during the year caused an error in the utilities receivable balance and utility revenue reports. Recommendation In order to properly report utilities receivable and utility revenues, the Town should investigate the unreconcilable amount and make the appropriate adjustments. CA-ovbatimA Y'4-176131c. G.,76-• Cronstrom &Trbovich, P.C. September 20, 1999 2 of 2 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: December 1St, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: David Marsh, Planner I SUBJECT: OV12-98-02B, Stone Canyon Entry Way Landscape Plan, Rancho Vistoso Neighborhood 11, Located at the end of Vistoso Highlands Drive, West of Rancho Vistoso Boulevard BACKGROUND: The WLB Group, representing the property owners, request approval of a project Landscape Plan. The 0.69 acre property is located at the western termination of Vistoso Highlands Drive, west of Rancho Vistoso Boulevard. The property is abutted on the east and west by a golf course, to the north by the Stone Canyon I subdivision, and to the south by the Rancho Vistoso 11 AF subdivision. The site is currently developed as part of the golf course. The development plan for this project was reviewed and approved by the Town Council at its November 3rd, 1999 meeting. SUMMARY: The property owners propose to develop an entry way and gate house on site to serve the adjacent Stone Canyon residential developments. The proposed development will be located between two of the golf holes, and will consist of a gate house, access drives, a turn around point for emergency vehicles, and three parking spaces. An existing golf cart path will be relocated on site to allow for the placement of the guard house. The landscape plan for this development proposes to utilize a wide variety of plants around the gate house and entry way, including soap trees, red yucca, Chihuahuan sage, Mexican blue sage, and red fairy duster, as well as utilizing boulders as accent elements. The applicant also proposes to utilize two vegetative species which are not shown on the Oro Valley Approved Plant List, the dalea capitata and the rosemarinus officinalis. The applicant has provided plant fact sheets for both species, and Staff recommends approval of their use, owning to their drought tolerance and low pollen characteristics. DEVELOPMENT REVIEW BOARD ACTION: At its October 12th, 1999 meeting, the DRB voted 4-0 to recommend approval of this item. GENERAL PLAN COMPLIANCE: The Stone Canyon Entry Way Landscape Plan is in compliance with the General Plan Policy 8.1J, "require the use of drought-tolerant vegetation and water-efficient irrigation systems where landscaping and revegetation are implemented." RECOMMENDATIONS: Staff recommends approval of this item, subject to the condition that the location map be revised to show only those developments approved. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTION: I move to approve OV 12-98-02B, Stone Canyon Entry Way Landscape Plan, subject to the condition that the location map be revised to show only those developments approved. OR I move to approve OV 12-98-02B, Stone Canyon Entry Way Landscape Plan, subject to the condition that the location map be revised to show only those developments approved, and the following additional conditions: OR I move to deny OV 12-98-02B, Stone Canyon Entry Way Landscape Plan, finding that: ATTACHMENTS: 1. 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A iRr,g n7 Z +, . ,s_.1 m4/o;Ymo Z O 2 m -'I A z '_*+ 1 v 1 : P.Nom# o��� zvmi�a �`���, � D � s Af gm� '� ESQ��� Q� Q� m ���� �O g r al 2 DCII Zg.� i•AI vGf O � � �� az Sg� :,.1 1 m m ,, .. $ i A D tz i '2= r4i pm 2zziFvm 6 g '� 223' P Q Nr�� �UI O ct = p -1'4 .v vv z cl C\ i riii - 1 a i I Z ® ® ® U 4 1 ~ r iz>��� c.z ?*4 E. m 2 C; 2z z > >" m <....rbc�� flI BOO ! .,i Ng 2 x=z i mp 8 Z 9 D�.A �<< FIE Zol g o gc mm co. m I y F R ,y C cnC 8 0 OZO O -rl� Vf"C ZN O - >Ar I A ,cc, rini > Z T ^^ F S> 2mA r$1 1 ig Off. N `J ill Z AO �m� 8 D <VID �^ 'i O F1 m n �m Zczi o • Cr•l rl� n � o� A� O mEE 12 f•YO ? O(4 P 2O 1:1,,,,,i•'o z :,,r Z � GAO O Z O O Z � ; Q ',N 'i., ''^^ m Z I m D� VJ m m :41 c�� iii oNKI -D DO mcg Zo -IZ a z z m m a N = D N O O 0 z D w m o c.o w 2 TOWN OF ORO VALLEY Page 1 of 2 � COUNCIL COMMUNICATION MEETING DATE 12/01/1999 TO: HONORABLE MAYOR AND COUNCIL FROM: Dan L. Dudley, Town Attorney SUBJECT: Possible Discussion and/or Action Relating to Personnel Matters Involving DRB Chairperson Patti Jo Lewis SUMMARY: Whether a potential for conflict exists as a result of Chairperson Lewis' service on the DRB due to consideration of issues by the DRB having a direct impact upon any homeowner association, or an entity controlling the board of that association, from which Chairperson Lewis or her husband may receive direct financial benefit. It is helpful to review Arizona's conflict of interest statutes as they apply to service on Boards and Commissions. Arizona's conflict of interest statute is contained in A.R.S. § 38-502 and 38-503. The Statutes are applicable to all members of boards or commissions of this or any other municipality. A.R.S. § 38- 502(6)(B). Any board member who has a substantial interest in a matter before the board or commission has a conflict of interest and should not participate in the vote, deliberations or in any other manner attempt to influence the vote or the outcome. A.R.S. § 38-503(A)&(B). The purpose of Arizona's conflict of interest provisions is to prevent self-dealing by public officials. Maucher v. City of Eloy, 145 Ariz. 335, 701 P2d 593 (App. 1985). A "substantial interest" means "any pecuniary or proprietary interest, either direct or indirect." A.R.S. § 38- 503(A)&(B). It includes both the board member's interest and their relatives unless the interests are remote as set forth in A.R.S. § 38-502. A relative is defined to include a spouse. A.R.S. § 38-502(9). A remote interest includes a marginal interest, derived from a corporation as a shareholder or employee. A.R.S. § 38-502(10)(E). Oro Valley has traditionally advised members of boards and commissions of state law regarding conflict of interest and has relied on the individual members to declare a conflict. The Town Attorney's office has historically provided advice to Board and Commission members upon request relating to potential conflicts of interest. In the circumstances presented for review I attempted to schedule a meeting with the DRB Chairperson to determine if there was a potential conflict of interest. Ms. Lewis, refused my request and insisted that any questions be submitted to her in writing. Because Chairperson Lewis has not provided any information or documentation, other than written correspondence largely related to the August 10, 1999 meeting, a complete analysis of the potential for the existence of a conflict is not possible in this setting. I have, however, outlined above the factors that should be considered by any Board Member in reviewing their potential for conflict. I want to underscore that a chairperson's potential for influencing a vote of the board or commission is not limited to either their vote or to discussion with other members, it extends to the potential for control of the agenda and of the meetings. The power to influence, through the control of the agenda, although subtle, is no less real. If a chair has a potential for conflict, as a result of their private interests, they should establish by rule an agenda committee, delegate the authority to a member of the board or commission or in some other way remove the potential for influence and conflict. When a chair or member of the board or commission first becomes aware of the conflict, that person should declare that conflict. That conflict should be declared in writing, if possible. Thereafter the chair should avoid taking part in any action or discussion, which would affect the outcome in any way, including the date or time that the matter is to be placed on the agenda. TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE 12/01/1999 SUMMARY Chairperson Lewis did not consent to an interview and therefore it could not be determined (based upon the information voluntarily provided) whether the potential for conflict existed as a result of any economic interest that she and/or her family members might have in the representation of homeowner's associations. In order to protect our Board and Commission members from being inadvertently exposed to potential conflict's it is necessary to have legal advice available. This office encourages Board and Commission members to inquire in situations where the member believes that he or she may have a potential conflict. Without the voluntary cooperation of the Board or Commission member it is impossible to provide advice to that member as to the existence of a conflict. POSSIBLE MOTIONS: I move to give Patti Jo Lewis a vote of confidence as a member of the DRB. Or I move to remove Patti Jo Lewis as a member of the DRB effective immediately. 4'Iry Z/L,c Signature of Department Head c: Town Manager TOWN OF ORO VALLEY 3, COUNCIL COMMUNICATION MEETING DATE: December 1, 1999 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: PUBLIC HEARING — APPROVAL OF APPLICATION FOR A SERIES 09 PERSON TRANSFER LIQUOR LICENSE — FRY'S FOOD & DRUG #18, 10661 NORTH ORACLE ROAD SUMMARY: An application for a person transfer, Series 09 Liquor License has been submitted by Fry's Food & Drug Store #18, located at 10661 North Oracle Road. In accordance with Section 4-201 of the Arizona Revised Statutes, the application was posted for 20 days commencing October 26, 1999 on the premises of the applicant's property. No protests were received during that time. Chief Wolff has conducted a background investigation on the applicants. He has found no derogatory information on the applicants, therefore, he has no objections to the approval of the person transfer of the Series 09 liquor license. ATTACHMENTS: 1. Liquor License Application 2. Memorandum from Police Department SUGGESTED MOTION: I move to approve the request for a Series 09 person transfer liquor license at Fry's Food & Drug #18, located at 10661 North Oracle Road. ISA r Dep -nt Head Town Manager \J . ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL ...0.1,1,44 8{_0 W Washington 5th Floor kL9it i 3 40C► �V Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1- 352 (602) 542-5141 : -, ...j :..:I (520) 628-6595 [S,:;*1 : .... L Li 1 APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT WITH BLACK INK Notice: Effective Nov.1,1997,All Owners.Agents,Partners,Stockholders.Officers.or Managers actively involved in the day to day ouerations of the business must attend a Department approved liquor law training course or provide proof of attendancesi ' �tlun the last five`ears. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a: SECTION 2 Type of ownership: !1 INTERIM PERMIT Complete Section 5 0 J.T.W.R.O.S. CompleteSection Sectron 6 ❑ NEW LICENSE Complete Sections 2,3,4,13,14,15,16,17 0 INDIVIDUAL Complete Section 6 ® PERSON TRANSFER(Bars&Liquor Stores ONLY) ❑PARTNERSHIP Co Section Sectron 6 Complete Sections 2,3,4,11,13,15,16,17 ❑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 PROBATEIWILL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Cotnplete 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#: 09100008 I. Type of License: S e r i es 09 2.Total fees attached: $ 200 . 00 APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) NOT ARE �" REFUNDABLE. A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) SECTION 4 Applicant:(All applicants must complete this section) 01$ I. Applicant/Agent's Name:Ms. Donnelly Michael S\-7'\--) .- ---)\,rte,, Hyl, , k j J. (Insert one name ONLY to appear on license) Last First Middle Smith s Food & Drug \\, c-�.�--,c:�.�.1-\ 2. Corp./PartnershiplL.L.C.. � Centers , Inc .Inc . ,, \ (Exactly as it appears on Articles of Inc.or Articles of Org.) 3. Business Name: F r ' s Fc-od S Drug 4Ig c3\()Uhgr?' (Exactly as it appears on the exterior of premises) 4. Business Address: 10661 N. Oracle Rd . Oro Valley Pima 85737 (Do not use PO Box Number) City COUNTY Zip 5. Business Phone:(-6 23 ) 269-3171 90'7 - 001 R . Residence Phone:( 480 ) 759-4053 6. Is the business located within the incorporated limits of the above city or town? EYES ONO 7. Mailing Address: P . O. Box 6 016 Phoenix AZ 85005 qty State zip 8. Enter the amount paid for a 06,07,or 09 license: $ 6 , 500 00 (Price of License ONLY) DEPARTMENT USE ONLY Accepted by: P Date: \ D-1 g1()2)O Fees: CO . DO . $ Q00• Application Interim Permit Agent Change Club F.Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS,AND CIRCUMSTANCES OFTEN RESULT INA LONGER WAITING PERIOD. You ARE CAUTIONED REGARDING PLANS FORA GRAND OPENING,ETC.,BEFORE FINAL APPROVAL AND'ISSUANCE OF THE LICENSE. LIC 0100 11/1998 *Disabled individuals requiring special accommodation,please call the Department. SECTION 5 Interim Permit: 1. Ify ou intend to operate business while your application is pending you will need an Interim Permit pursuant to A.R.S.4-203.01. 2. There MUST be a valid license of the same type you are applying for currently issued to the location. 3. Enter the license number currently at the location. 0 910 0 00 8 4. Is the license currently in use? '4 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, Dennis R. cln d ,declare that I am the CURRENT LICENSEE of the stated license and (Print full ) location. I have read this application an the contents and all statements are true,correct and complete. / ; f X 14i" ACKNOWLEDGED BEFORE ME (Sigiature) N ' .. riciq r_, n C� 1 thisdayof itG ,, , �) rIC1Ni- — Of ;'ELuSAC• . 030P[h ayof;M Month f Year , cti,t,,,,-:41,0 i,!)td, ,P,t.,1:,,j)1_,Cr.::,12.t.01 Arizona i /i b di: �^ �%' \II'I EL'LL7'Y)/A- v L 12/\--- My commission expires on: �_ � v n-}rlr,� "., .%"' •f- 1ii:11 ; iw/4.!1!t.-J kidil ;,LJl1�1 ( fNO • Si tut o NOTARY/PUBLIC) SECTION 6 individual or Partnership Owners: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0I0I", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EAC CARD. 1. Individual: Last First Middle c7c Owned Residence Address City State Zip c7c Partnership Name: (Only the first partner listed will appear on license) General-Limited Last First Middle c7c Owned , Residence Address City State Zip ❑ 0 !' % . ❑ ❑ % ❑ ❑ % ❑ ❑ % (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 01-:ptil.,,,,,,ii-og,„,a ,,,,g,',;:yzi•i„...dosof, ,ietill,..,ifilitilhip.„,..„....„„oyi*.....01;,..;ihig,g94:0:sicill,.;ifilltatittp;om;;;;OW!:•:::40,01/P7:#/#_,..;;;;;;;;;;;;;;;e7VillkilillAs491.,;;;;;;*,:'",74,ZULT1.4_,,,I'',M, -44'''."4:...;:,::,:,..Pir-,Att,.._:?4:5*.t!!',,S#4,1X1:;,.;',',4i'r.,<1,),14 ',.‘„,',,s,-' '',0,:7 ; i:glii.;:,is."1:;;;4§Mlkif.'4'•-'4','S''..!.."`k.-,!./ei,ilgtir.,;,117,,, ...4140,44"`-cag..V0-',7,t;",•-,,r•-:f.tt,.:.;.sV4!,.*::::%;(6,,;!?"0‘,."101'-i..,.4-4‘':',.4•4z_fotA.w.,:,'• tkof.2:.e ....-- -,:1/4 "I'i'w40-tiAi--:',11„"f:i 9iiswin*-41' '--:::--,,'1;..,..I.,*.ss,P''',:..1.•'11.,:,„,V ti,":,. •11,47:1„q.':...1,1111'.s,.;.,..47.:,,a,..._,"1.4:1 4.',tatf:,;,,.''.•,"'„„......f1.@',,T4'.'11.-,y,„.‘'',1-,. -:1,,:.„jiy•A,v Va3wgil:I': elm •t•isA,..:,'7;ik,:.,"-,..,410. .40,%,-.:*.T...,,,;...iiiii:v: AVivio:7,....;...3,7!4ait.....,.'"Ai-l'Alik,.711,, AiiiTit);'0'4,41,,,filislig, ::',4::::ittr,,,,,'icag. .41:,,„ ...„46:L__4-egf. 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Wev,i7. .::_ X< 41'44''14. i't • CI°) ;..., -44 7-1 C.I.,,_, r:4 ''' ..71:4-4. 7r#:-.•,, --;414.,,,,,,,t :.-...,'.. '... w , '!::.-,,-' ‘-'13.4.'. ...:-.,.- z :,-.,:41„.",. ..... ,...'.,, W4-3. - .. C:) ,z :,.i, - • .- : :L`f.ev, '..f."..-6., „,,,i . .4'7.4-11:-.- 1- 0 •,,,.,,, 'Tit`...,...1”-tii N i';.i. 0 1.,,T.t,. -..,..R,4 rm'imm a) ,...,- ‘,41.,,-,-,,Ig,,r.f.,, ,--.,,. •-.-.; ......,.,.,.,1,i4.:,-.# ,-..4,. el...4V'__ ,-.i .,.• )-—i 4,' -;4V.,..,,,,,,..,..- -,.,:-, ,t.r.-:' ' -...-,..,._ :::, r* 0;13,2i-ii,,, 4111 ,tiaii-W.* ' Z i .--414,14'.".:::: ' 0.''''.x.:17 1. r'',,; 4!...z.-,Ww":'.-P° 0 C3 . ,'"4 ...: ...i/ii• . . ,,,,,...., _ • SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) ) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER I'NTIL 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: 1. Distance to nearest school: 6 8 5 0 ft. Name/Address of school: Mission de las Montanas (regardless of distance) 9800 N. Oracle Rd . 2. Distance to nearest church: 9000 ft. Name/Address of church: Oro Valley Baptist Church (regardless of distance) 9200 N. Oracle Rd . 1. I am the: IN LESSEE ❑SUBLESSEE 0 OWNER . �R 0PURCHASER(of premises) -�. If the premises is leased give lessors name and address: Monthly rentaUlease rate S •2-5)—Zers0 5. What is the total business indebtedness of the applicant for this license/location? $ —0— Does any one creditor represent more than 10%of that sum? 0 YES ►.d NO If yes,list below. Total must equal 100%. Last First Middle %Owed Residence Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for?(BE SPECIFIC) Supermarket Liquor Department. 7. Has a license,or a transfer license for the premises on this application been denied by the state within the1 one ast El YES NO® P ( )year? If yes,attach explanation. 8. Does any spirituous liquor manufacturer,wholesaler,or employee,have any interest in your business? OYES ®NO 9. Is the premises currently licensed with a liquor license? El YES 0 NO If yes,give license number and licensee's name: (Exactly as it appears on license) Dennis R. Hood SECTION 14 Restaurant, or Hotel-Motel Applicants: , • 1. Is there a valid restaurant or hotel-motel license at the proposed location? 0 YES 0 NO 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 LICO114)provided by the Department of Liquor. 4. Do you understand that 40% of your annual gross revenue must be from food sales? 0 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: igi Entrances/Exits 111.Liquor storage areas - ❑ Drive-in windows 0 Patio enclosures ❑ Service windows 0 Under construction:estimated completion date 2. Restaurants and HoteUMotel applicants must explicitly depict kitchen equipment and dining facilities. 3. The diagram below is the only area where spirituous liquor is to be sold,served,consumed,dispensed,possessed,or stored. Give the square footage or outside dimensions of the licensed premises. DO NOT INCLUDE PARKING LOTS,LIVING QUARTERS,ETC. I __ - ......,..-2.-:.-. . _-_ .r 7 , 0 r i__-_ = ' I . 1•1\ :MI o -I t i tea ± , _ . ®. i `� 49.41v'._ o ^a •i:,CI='atca osis ; e .� + t�a� :ZiC- _ _ r±iiiefi- - . • e - ; , •,�'y•.;...•_�, de . . .. Stockroom �p: � �e aid:_ ..©t..o..�ta�l e r , l,� f=_ .'. Liquor Storage �'" .• - .. � q Area hr►�f,..r+..-.�� -:r.�•• :�• �:�.�•.�..._---4-±----------- � .� i. ._ ass- e ♦ ..-, ,,,,'.:1.0-,.---,:-.,•.- u ^,-I�`,.'i.Q 11 ' :.--•',1,.•.- '-',47-'''‘......-i+ ., Qr,a}�:� • I- .so.,:-0--.....-...: G 3: !.,;:i+ fi••'tgir.:�_�I. 4:ill:; ���t'Z� .....,,a,'- •' ...ii • J 477..',...• `� , ..4i: l p,.* 'a3`yi :i=IA Al',.Rtelli eL713.r,aR t,',- it,:.,...-•4 -*;7.:!:; ... rV Bi -® !'.e. , I.''R, •"•. _ •.••;I, .,1ai,4, �.� .•.!iI l 4Nrxri� 4-` iim°sI- •�1A�,.•••,:.1- `1•.1•."4,.' ..W:•,•.•-• _ . �( + • ir. 1 r •i .a:L .s. ..''•.. :') srill: t1' ,)i..V<,:G(. _•.� 7'IIII►II�IJ•7:`,7'�IIIIIII►III tie -mill4.. :M,,C•X •, .�4 •:.S .• 't• r', ..:r.i'yi`t•Y•� `'�•�.'•' •/'�' �iw • • -� •,• 1E+ y+C"r - ,: "fit_ms.µ 4i"ip• � • �. _!} •�.�- • .� ,.. � K.�,. �.•'.... �•: '.ef':.. -4:::...,..,../ - - . 8me - 4 • �•. .l /..i � •.I.a� •'- __.art♦ ,�`,,,{. .v. _ it,: � 1 I, � • • L. +�'�V Orr,+ e® ^��, '••- • •R��. � .,� � �4rr "•` ., .�1 inha • ...';.[:;�yl;1:l .� ~��Y. ..,`��, � ,�� �'��*�ifliaaay®�• � I -fine - Lill ,. .r .-': ` (I:_•I _r o ' .,l�ij -i .ri 1-• --1.• ? 'ffa '' L1: # 11 �,p, . ! R .• I _.'�i 1 !;1 -; •• 11 1 ti H. 11 11 �• F _ _ 8 Qe e.�, ; . • :,. 1! C- « • r1 • ., ,1�:�., r� ,.:..,all..,:::4:-,.,�- •`.i: 1 ' II , 11 11 •! e _:. I: > .a 1 1! Hi 1 II z II II II. .es � - 1� ..7 le -. • \ 1 - Sales Floor _ ! 1 fl. _.—� -I� Liquor Sales Area 910 ' /I II I ! I1 11 V.../I t 4 a ;^ i-,;0 i e ••\: 1 - e `� eH it - i i !1 ! ! II 11 .� 0 .6 1 ,.. 1 It It II II . a --- ,.� e- --- .�'--:' _uJ . FiHJ - e 4 ' j ' ``r .J-' -- _■ _J ._II_!I_ _ 11I -T.,_ : , ..".."7,...:i---, ,tt, _ :17;_.., I4raiz,.. i ..t i-iT-.4,.. ..as•-11-i•-i L1,• . ._1---:• i-- --1.�1 .� �� ' l• ~ �;. - ®ee , •I ri:e i \ ^' • 1 -.• I •.......• •. , -; •0,,,,.. • tirt ri al, .o. riq Fol. Fp , rut i ./...... ......„..: , 07,7 .• 6� 9 b A. v'' o ! !‘ce. � I � ,•E�` diei ii O ' A.~ 90 . .,..e i" O o:(o o fi;.,,k .{c, J O Locel Lc !r .\\_o_usaili:. �e. .._t"7w1 ®.t", @(%' I,j.' pp-U � !+-r•---�e.3:,:> ,(I B�•$n�' O 8 t� 9 i---.- _4. •, � � (� t . 9 AA9 f- a ' t■ ■ -' , `��__•' �•> 1;_ �r01111111�1(0J11111�i ''r '41.- r.'• e V "�� • •+I. ,�. 1; ' ' f• �r,~ . Y� , 41 cc C.►,,,,,,:•. 1.:.. f-r• , ., 1177 M .-....__.:_--i--- srs - { _1aS._�J.a'�.=J z. i .... •e ,,,,oar 0 am --,„-- , • , .__�_,11- ,nr, ;;0/' Entrance ---w------------. --- . " _.. f - -, -— , �` - YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARILo, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. T.ist below the exact names of all churches,schools,and spirituous liquor outlets within a one half mile radius of yourro osed location. P A. Pizza Hut Restaurant 2. NT 3. 4. 5. 1 s 6. t 7. A 8. v e 9• Oracle Rd . 1 . A l o. 11. 12. 13. 14. • 1 TACH ADDITIONAL SHEET IF NECESSARY) A=Your business name and identify cross streets. SECTION 17 Signature Block: 1 Michael J . Donnelly ,declare that: 1)I am the APPLICANTA ent/Club (Print namQuestion 1) e of APPLICANT/AGENT listed in Section 4 g Member/Partner),making this application;2)I have read the application and the contents and all statements are true,correct and complete;3)that this application is not being made to defraud or injure any creditor,taxing authority,regulatory authority,or transferor,4)that no other person,firm, or corporation,except rP , as indicated, has an interest in th- spirituous liquor license for which these statements are made; and 5) that none of the owners, P armers members,officers, :: ector a sto.4 olde li•t d have been convicted of a felony in the past five(5)years. � X t r ACKNO DGED BEFORE ME ignat t . . .._ _ this day of ___ i A A cl r1 lCIAL SEAL • �x:%����,�f. �; t R ,DaofMonti iq / /N�:tary E�I��iit;-utate ofd izor�aL. � commission expires �. r� <�,. , .IA/ L�1�1,e� My _ ���,s�Pk coin ' %-=' My Comm.Expires June 1,Zuri (Signature of •TARY P C) SAMPLE GEOGRAPHICAL DATA In the area adjacent to the map provided below indicates your proposed locatio- 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 N 07 Pizza Perfect Series 07 08 Billy Bobs Bar Series 06 / Mi . 09 St . Anthonys Church -� Latrobe 111111116. 10 St . Anthonys School 1 11 11 Burbank Middle School 1/2 Mi . Lockwood 4 2 7 / Mi . 12 First United Baptist Church 12 i. 111111111111 13 T.n P F I 14 9 8 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 public or private school building with kindergarten programs or any of grades one (1) through twelve (12 ) . or within three hundred (300 ) horizontal feet of a fenced recreational area adjacent to such school building. r Officer uestionnaire Ite L� 'G OF LI•IIpR �-�14 S-FRY'S FOOD STORES OF A-- ONA, LOCATION: DATE: FINE DESCRIPTION ON FRY'S #29 November 8, 1997 A.R.S.FRY' 4-241.A$5 S #29 November 8 199 00 F-gTT,LrR,E TO C�3EC�ID 7 A.RS.4-244.9 SALE TO UNDERAGE PERSON ON FRY'S #55 December 27, 1996 FRY'S #55 DeARS.4-241.A$750 FAILUREcember 27, 1996 A.R.S. TO SOK ID 4-244.9 SALE TO UNDERAGE PERSON FRY'S#36 September 2 6, 1996 A.R.S.4-244.9 $500 SALE TO UNDERAGE E PERSON FRY'S #34 y 13, 1998 A.R.S.4-244.9 $750 SALE TO UNDERAGE PERSON FRY'S#62 February24, 1999 A.RS FRY'S #62 February2 .4-241.A$625 FAILURE TO 4, 1999 A.R.S. CHECK ID 4-244.9 SALE TO UNDERAGE PERSON FRY'S #112 Jul 1 July 1999 4-244.9A.RS. $500 SALE TO tTN1� ERAGE PERSON • Officer estionnair.e-Item #16 The Kroger Co., an Oleo corporation,rP Ion, including its subsidiaries, operates 2192 under different retail names in 3 6 statesP supermarkets and 816 convenience stores under six n The great majority of these facilities aures in 1 S states. have alcoholic beverage permits of one sort or another. July 7, 1999 c Michael J.Do..e11y Questionnaire-Item#14 LISTLNG OF LIQUOR FI ES-FRY'S FOOD STORES OF ARIZONA.INC LOCATION: DATE: STATUTE FINE DESCRIPTION FRY'S#29 November 8, 1997 A.R.S. 4-241.A$500 FAILURE TO CHECK ID FRY'S#29 November 8, 1997 A.R.S. 4-244.9 SALE TO UNDERAGE PERSON ON FRY'S#55 December 27, 1996 A.R.S.4-241.A$750 FAILURE TO CHECK ID FRY'S #55 December 27, 1996 A.R.S.4-244.9 SALE TO UNDERAGE PERSON FRY'S#36 September 26, 1996 A.R.S.4-244.9 $500 SALE TO UNDERAGE PERSON ON FRY'S #34 May 13, 1998 A.R.S.4-244.9 $750 SALE TO UNDERAGE PERSON �� . FRY'S #62 February 24, 1999 A.R.S.4-241.A $625 FAILURE TO CHECK ID FRY'S #62 February 24, 1999 A.R.S.4-244.9 SALE TO UNDERAGE PERSON N FRY'S #112 July 1, 1999 A.R.S.4-244.9$500 SALE TO UNDERAGE PERSON Officer Questionnaire-Item #16 Question 16 --- Warren F. Bryant The Kroger Co., an Ohio corporation, including its subsidiaries, operates 2192 supermarkets under different retail names in 36 states and 816 convenience stores under six names in 15 states. Thegreat majorityof these facilities have alcoholic beverage permits of one sort or another. July 1, 1999 AK' • Questionnaire-Item#14 LISTLNG OF LIQUOR FINES-FRY'S FOOD STORES OF ARIZONA.INC. LOCATION: DATE: STATUTE FENT DESCRIPTION FRY'S#29 November 8, 1997 A.R.S.4-241.A $500 FAILURE TO CHECK ID FRY'S#29 November 8, 1997 A.R.S. 4-244.9 SALE TO UNDERAGE PERSON FRY'S #55 December 27, 1996 A.R.S.4-241.A$750 FAILURE TO CHECK ID FRY'S#55 December 27, 1996 A.R.S.4-244.9 SALE TO UNDERAGE PERSON FRY'S #36 September 26, 1996 A.R.S.4-244.9 $500 SALE TO UNDERAGE PERSON FRY'S #34 May 13, 1998 A.R.S.4-244.9 $750 SALE TO UNDERAGE PERSON FRY'S #62 February 24, 1999 A.R.S.4-241.A$625 FAILURE TO CHECK ID FRY'S#62 February 24, 1999 A.R.S. 4-244.9 SALE TO UNDERAGE PERSON. += FRY'S #112 July 1, 1999 A.R.S. 4-244.9 $500 SALE TO UNDERAGE PERSON Officer Questionnaire-Item #16 The Kroger Co., an Ohio corporation, including its subsidiaries, operates 2192 supermarkets under different retail names in 36 states and 816 convenience stores under six names in I 5 state s. The great majority of these facilities have alcoholic beverage permits of one sort or another. July 7, 1999 111 Dennis R Hood O' Questionnaire-Item#14 LISTING OF LIQUOR FINES-FRY'S FOOD STORES OF ARIZONA.ENC. LOCATION: DATE: STATUTE FM DESCRIPTION FRY'S#29 November 8, 1997 A.R.S.4-241.A$500 FAILURE TO CHECK ID FRY'S#29 November 8, 1997 A.R.S.4-244.9 SALE TO UNDERAGE PERSON FRY'S #55 December 27, 1996 A.R.S.4-241.A$750 FAILURE TO CHECK ID FRY'S #55 December 27, 1996 A.R.S.4-244.9 SALE TO UNDERAGE PERSON FRY'S #36 September 26, 1996 A.R.S.4-244.9 $500 SALE TO UNDERAGE PERSON FRY'S #34 May 13, 1998 A.R.S.4-244.9 $750 SALE TO UNDERAGE PERSON FRY'S #62 February 24, 1999 A.R.S.4-241.A$625 FAILURE TO CHECK ID FRY'S#62 February 24, 1999 A.R.S.4-244.9 , SALE TO UNDERAGE PERSON FRy Y'S #112 Jul 1, 1999 A.R.S.4-244.9 $500 SALE TO UNDERAGE PERSON t�est�oa -e_Item#14 1 YQT,;OR 2531 ) . j; ozONA, . Larmion 5.LatarE ENE .DEKU 1 1 Q FRY'S#29 Noven-beT 8. 1997 A.R.S. 4-241.A $500 FAILURE TO CHECKBaa FRY'S #29 November 8, 1997 A.R.S. 4- 244.9 SALE TO UNDERAGE PERSON FRY'S #55 December 27, 1996 A.R.S..=�-241 -� �..� S,50 FAILURE TO CHECKIDFRY'S #55 December 27, 1996 A.R.S. 4-244.9 SALE PERSON FRY'S #36 September 26, 1996 A.R.S. 4-244 - � � UNDERAGE��Q. SALE TO 1'ERSON FRY'S #34 May 13, 1998 A.R.S.4-2.44.9i � 50 SALE TO UNDERAGE PERSON FRY'S #62 Febrvary 24, 1999 A.R.S. 4-241.A $625 FAILURE S #62 February z FAIL,�'RE ..T �CHECK,E'3 4, 1999 A.R.S.4-244.9 SALE TO UNDERAGE PERSON FRY'S#112 .-�.July 1, I g99 �.� � ---- A.R.S. 4--244._. $500 SALE TO UNDERAGE PERSON Q car Qu, pnn The Kroger Co., an 01,�o corporation. including its subsidiaries,.ari es, operates 2192 supermarkets different retail names in 36states and 816 convenience stores under six names in IS styes, The great majority of these facilities have alcoholic permits a ' �' p xts of one sort or another. July 7, 1999 Kenneth Thrasher Qstionnaire-I1,em#14 LLTThTGOUJQJJOR FLNES-FRY'S FQOD STOREADEARIZONA.,ENC. LOCATIOM DAM STATUTE IAJ DrsaurrioN FRY'S#29 November 8, 1997 A.R.S.4-241.A$500 FAILURE TO CHECK ID FRY'S#29 November 8, 1997 A.R.S.4-244.9 SALE TO UNDERAGE PERSON FRY'S#55 December 27, 1996 A:R.S.4-241.A$750 FAILURE TO CHECK ID FRY'S #55 December 27, 1996 A.R.S.4-244.9 SALE TO UNDERAGE PERSON FRY'S#36 September 26, 1996 A.R.S.4-244.9 $500 SALE TO UNDERAGE PERSON FRY'S#34 May 13, 1998 A.R.S.4-244.9 $750 SALE TO UNDERAGE PERSON FRY'S#62 February 24, 1999 A.R.S.4-241A$625 FAILURE TO CCK ID FRY'S#62 February 24, 1999 A.R.S.4-244.9 , SALE TO UNDERAGE PERSON FRY'S#112 July 1, 1999 A.R.S.4-244.9$500 SALE TO IMMERAGE PERSON Ofcgr Qa 'onnaire-Item #16 The Kroger Co., an Ohio corporation, including its subsidiaries, operates 2192 supermarkets under different retail names in 36 states and 816 convenience stores under six names in 15 states. The great majority of these facilities have alcoholic beverage permits of one sort or another. July 7, 1999 /21 Lbte-:-"( ‘—i- - Paul W. Heldman Senior Vice President, Secretary and General Counsel Questionnaire-Item#14 LISTLNG OF LIQUOR FLNES-FRY'S FOOD STORES OF ARIZONA,INC. LOCATION: DATE: STATUTE FINE DESCRIPTION FRY'S #29 November 8, 1997 A.R.S.4-241.A $500 FAILURE TO CHECK ID FRY'S #29 November 8, 1997 A.R.S. 4-244.9 SALE TO UNDERAGE PERSON FRY'S #55 December 27, 1996 A.R.S.4-241.A $750 FAILURE TO CHECK ID FRY'S #55 December 27, 1996 A.R.S. 4-244.9 SALE TO UNDERAGE PERSON FRY'S #36 September 26, 1996 A.R.S.4-244.9 $500 SALE TO UNDERAGE PERSON FRY'S #34 May 13, 1998 A.R.S. 4-244.9 $750 SALE TO UNDERAGE PERSON FRY'S #62 February 24, 1999 A.R.S.4-241.A$625 FAILURE TO CHECK ID FRY'S #62 February 24, 1999 A.R.S.4-244.9 SALE TO UNDERAGE PERSON FRY'S #112 July 1, 1999 A.R.S.4-244.9 $500 SALE TO UNDERAGE PERSON Officer Questionnaire-Item #16 The Kroger Co., an Ohio corporation, including its subsidiaries, operates 2192 supermarkets under different retail names in 36 states and 816 convenience stores under six names in 15 states. The great majority of these facilities have alcoholic beverage permits of one sort or another. July 7, 1999 - Tax 41E4_ VI C. . 4 Questionnaire-Item#14 LISTLNG OF LIQUOR HINES-FRY'S FOOD STORES OF ARIZONA.A.LNC. LOCATION: DATE: . STATUTE F]NE DESCRIPTION FRY'S #29 November 8, 1997 A.R.S. 4-241.A$500 FAILURE TO CHECK ID FRY'S#29 November 8, 1997 A.R.S. 4-244.9 SALE TO UNDERAGE PERSON FRY'S #55 December 27, 1996 A.R.S. 4-241.A $750 FAILURE TO CHECK ID FRY'S#55 December 27, 1996 A.R.S. 4-244.9 SALE TO UNDERAGE PERSON r RY'S#36 September 26, 1996 A.R.S. 4-244.9 $500 SALE TO UNDERAGE PERSON FRY'S#34 May 13, 1998 A.R.S.4-244.9 $750 SALE TO UNDERAGE PERSON FRY'S #62 February 24, 1999 A.R.S.4-241.A $625 FAILURE TO CHECK ID FRY'S#62 February 24, 1999 A.R.S.4-244.9 SALE TO UNDERAGE PERSON FRY'S #112 July 1, 1999 A.R.S.4-244.9$500 SALE TO UNDERAGE PERSON Officer Questionnaire-Item #16 The Kroger Co., an Ohio corporation, including its subsidiaries, operates 2192 supermarkets p under different retail names in 36 states and 816 convenience stores under six names in 15 states. The great majority of these facilities have alcoholic beveragepermits of one sort g or another. July 7, 1999 11-#14 ' Robert G. Miller 1-11V11-4L/111-1. 1 1117-11%1.111IC111 IVl' LIV V VI%1_21.t,LJI 1.3.1UsL7 qac, <,Vl\1 11VL dei-` 800 W Washington 5th Floor *V�'�•_ p 400 W Congress#150 Phoenix AZ 85007 t Tucson AZ 85701 (602) 542-5141 (520) 628-6595 ,NEfiniiIIIIMEM :? M. :S. }�}}:•:�:�}� •'?::} :} ::}�;: OBTAIN ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY,DOCUMENT IS COMPUTER SCANNED. TYPE OR PRINT WITH BLACK INK. rA4cptipp•TRAmp.iflippmwmpooppAppwpFtmx99.N1 hut. k(3c0A0-A1ZA Individual Name(Print) Individual Signature TYPE OFTRAINING COMPLETED --4q -BASIC eN=tAtE Date Training Completed ❑ 191,MAGENTENT OFF SALE BOTH ❑ & R IF TRAINEE IS EMPLOYED BY A LICENSEE: b-CPkAS NAME OF THE LICENSEE t BUSINESS NAME LIQUOR LICENSE NUMBER L. s a���} sy ............ • Company or Individual Name 736 S. Longmore St. Address Chandler AZ 85224 602-440-9623 City State Zip Phone I Certify the above named individual has successfully completed the specified program(s). Lauren K. Merrett M.Ed. Trainer Name(Print) • -,<77 LIV)0 4,4j56'-1----- fil51 / Trainer Signature Date Trainer •ive ori•inal of corn•leted form to trainee. •hotoco• and maintain corn•leted document for our records. Mandatory Liquor Law Training for all new applications submitted after Nov.1, 1997. A.R.S.Section 4-112(G)(2). Completion of the Liquor License Training Courses is required at the issuance of a license. The person(s)required to attend both the Basic Liquor Law and Management Training,(either on-sale or off-sale),will include all of the following: owner(s), licensee/agent or manager(s)WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. Proof of attendance within the last five years for the required courses must be submitted to the Department before the.license application is considered complete. Before acceptance of a Manager's Questionnaire and/or Agent Change for an existing license,proof of attendance for the Basic Liquor Law and Management Training(either on-sale or off-sale)will be required. LIC 1021 01/98 Disabled individuals requiring special accommodations please call(602)542-9051 , •1 � : e: .„„,.„,t," 4z- 7 11000 N. La Canada Dr. 'Or Oro Valley, Arizona 85737 z; v WERNER S. WOLFF,Chief of Police ► Phone (520) 742-5474 FAX (520) 797-2616 A r ..,.A _.. A :..: . v.A nit g vNDEo'\ ORO VALLEY POLICE DEPARTMENT "INTEGRITY, PRIDE, EXCELLENCE" TO: WERNER WOLFF, CHIEF OF POLICE - � KATHRYN CUVELIER, TOWN CLERK FROM: SGT. CORONA RE: BACKGROUND dIECK FOR LIQUOR LICENSE TRANSFER FRY'S FOOD & DRUG #18 (MICHAEL DONNELLY) 10661 N. ORACLE RD. DATE: NOVEMBER 8, 1999 ON 11/8/99, I COMPLETED THE STANDARD BACKGROUND CHECK FOR FRY'S FOOD & DRUG #18, AND PRINCIPALS, MICHAEL J. DONNELLY, KENNETH PAUL KUWAHARA, DENNIS R. HOOD, LAWRENCE M. TURNER, ROBERT GERALD MILLER, WARREN F. BRYANT, KENNETH THRASHER, AND PAUL W. HELDMAN. BACKGROUND CHECKS WERE QUERIED THROUGH PIMA COUNTY, STATE OF ARIONA, AND THE NATIONAL CRIME INFORMATION CENTER. ON 11/08/99 I SPOKE WITH JOHN SANDERS, SPECIAL INVESTIGATOR WITH THE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. MR. SANDERS STATED THE FRY'S FOOD & DRUG AS A LARGE CORPORATION HAS FEW INFRACTIONS. TOWN OF ORO VALLEY 4 COUNCIL COMMUNICATION MEETING DATE: December 1, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: Dennis Silva, Jr., Planner I SUBJECT: PUBLIC HEARING ORDINANCE (0)99-5? ORO VALLEY CENTER, PARCEL D SIGN GUIDELINES SUMMARY: On August 5, 1998 the Council passed, by motion, the Oro Valley Center Parcel D Sign Guidelines. To adopt this package by ordinance, the proposed ordinance is attached. RECOMMENDATIONS: Planning Staff recommends Council approval of this ordinance for the referenced sign package. SUGGESTED MOTION: I move to approve Ordinance (0)9959 "Oro Valley Center, Parcel D Sign Guidelines". ATTACHMENTS: 1. Ordinance (0)99-59 2. Exhibit"A" Co II unity Develo• -,nt Director d2._:.' Town Manage F:\ov\ov13\1998\13-98-33\Ord58.doc ORDINANCE NO. (0)99-59 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING THAT PORTION OF THE ROONEY RANCH PAD, ORDINANCE NUMBER(0)89-4, KNOWN AS THE ORO VALLEY CENTER,PARCEL D SIGN GUIDELINES, BY REFERENCE AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT HEREWITH. WHEREAS, on August 5, 1998 the Oro Valley Town Council adopted by motion an amendment to the Oro Valley Center,Parcel D Sign Guidelines, a part of the Rooney Ranch PAD, Ordinance (0)89-4, and WHEREAS, Resolution Number (R)99-107 was approved by Town Council on November 3, 1999, making the Oro Valley Center Parcel D Sign Guidelines a public record, and WHEREAS, a more appropriate method of adopting an amendment to those guidelines is by Ordinance, NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona as follows: SECTION 1. That the certain document purporting to amend that portion of the Rooney Ranch PAD, known as the Oro Valley Center, Parcel D Sign Guidelines, which was passed by the Town Council by motion on August 5, 1998 is hereby amended by striking the purported amendment. SECTION 2. That portion of the Rooney Ranch PAD, Ordinance Number (0)89-4 known as Oro Valley Center, Parcel D Sign Guidelines is amended by striking those guidelines and inserting in lieu thereof the guidelines contained in attached Exhibit "A" which by this reference are incorporated herein as though fully set forth herein. SECTION 3. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed effective as of the effective date of this ordinance. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. ORDINANCE NO. (0)99-59 PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 1st day of December, 1999. 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C (v 0 Ln C co d 0 Ln C co 6-0C) U) c co in' a_Co c Co Co t m V) r- o Cl u) o Cl u) o Cl u)o CO 0-aa, N E 0 2 2 c a,8 Is.S a) N .5 c a rn N oma C },C) ._.a) N Co O C a) C C) 0) ac)p Cocc c°' - Coo u) c c, Co U- F- a) Q)r C a)M Q)N C CD ~ - E - EO Oc `O^ O o'' c .• L OOOO a.v" m m U a il m• Q o 2�g 2� U)- 0- 2i) 2V) 0 82_`o axioE r-N M TOWN OF ORO VALLEY 5 COUNCIL COMMUNICATION MEETING DATE: December 1, 1999 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: ANNEXATION OF STATE LAND LOCATED NORTH OF THE ORO VALLEY TOWN LIMITS SUMMARY: Council Member Paul Parisi has requested that this item be brought forward this evening for your consideration. In September 1997, the Town of Oro Valley began pursuing the annexation of 4,620 acres of state land located adjacent to and immediately north of the Town's Corporate limits. As the Council may be aware, at that time, the Town additionally filed the necessary blank petitions, map and legal description for annexation of this property. Following numerous discussions and exchange of correspondence, it was the State Land's opinion that due to the incorporation activity at that time, they (State Land Department) preferred to have the State Trust land remain in unincorporated Pima County. They did suggest however, that they would be amenable to reconsidering this request once the incorporation activity had settled down. RECOMMENDATION: I would respectfully request that you review this information and determine whether or not the Town Council would like the Town to again pursue the annexation of this property with the State Land Department. ATTACHMENTS: 1. September 12, 1997 letter to Dennis Wells, State Land Commissioner 2. October 2, 1997 letter from Dennis Cady, State Land Department FISCAL IMPACT: Unknown at this time. SUGGESTED MOTION: I make a motion to direct staff to contact the State Land Department regarding the reconsideration of their annexation into the Town of Oro Valley. Or I make a motion to not contact the State Land Department at this time and to await the outcome of the incorporation litigation currently pending. Town Manage LEY 11,, cq-O . O kai c? - ff. '" TOWN OF ORO VALLEY '' 'c. #-(-,;;.L.;.-. 11000 N. LA CANADA DRIVE .: ,':--r.r'- ~, ORO VALLEY, ARIZONA 85737 ``," . , ): %*i Administrative Offices (520)297-2591 Fax(520)297-0428 •.. - --•-•;-:::-;:- PC) ON DE-0-41 September 12, 1997 Mr. Dennis Wells State Land Commissioner 1616 West Adams Phoenix, Arizona 85007 Re: Oro Valley's Request for Annexation of State Land Dear Commissioner Wells: On September 12, 1997, the Town of Oro Valley filed the necessary blank petitions, map and legal description for the annexation of 4,620+/- acres of state land located adjacent to and immediately north of the Town's corporate limits. This action is a follow up to our previous discussion on September 8th in which I indicated it was the Town of Oro Valley's intent to file said annexation maps. As discussed with your office and Mr. Tony West, State Treasurer, it is imperative that the State Land Selection Board meet in early October 1997 to take action on this application for annexation of this state land into the Town of Oro Valley. The State Land property for annexation into Oro Valley is described as a Master Planned Community in the Town's General Plan which was just recently updated in July 1996. As you are aware, there are other significant events occurring in the Pima County area in regard to incorporation and it is the Town of Oro Valley's position that it is in the best interest of Oro Valley and the State Land Trust that this property be part of the Town of Oro Valley. Thank you for your attention to this request and I look forward to working with your staff and meeting with the State Land Selection Board as soon as possible. Sincerely, / , • Chuc Sweet Town Manager attachments (3) c: Oro Valley Mayor and Town Council Michael Phalen , Manager Planning & Asset Mgmt Section, State Land Dept. Gordon Taylor, State Land Department Dennis Cady, State Land Department, Tucson Office TOWN OF ORO VALLEY, ARIZONA ANNEXATION PETITION TO THE HONORABLE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: We, the undersigned, the owners of one-half or more in value of the real and personal property and more than one-half of the persons owning real and personal property that would be subject to taxation bythe Town of Oro Valley in the event of annexation within the territory proposed thecorporate 1 imits to be annexed, which is hereafter described, said territory being contiguous to of the Town of Oro Valley, with the exterior boundaries of the territory proposed to be annexed shownthe attached hereto, marked Exhibit "B" and made a part hereof, request the Town on map of Oro Valley to annex the following described territory, provided that the requirements of Section 9-471, Arizona Revised Statutes, and amendments thereto are fully observed. The description of the territory proposed to be annexed, not already within the present limits of the Town of Oro Valley and located in Pima County. Arizona, is as follows: See attached legal description - Exhibit "A" PROPERTY ADDRESS OR PARCEL NUMBER NAME OF MAILING OR LEGAL DATE PROPERTY OWNER ADDRESS PHONE NO. DESCRIPTION EXHIBIT "A" LEGAL DESCRIPTION TERRITORY TO BE ANNEXED TO THE TOWN OF ORO VALLEY PORTIONS OF SECTIONS 1 , 12 & 13, T. 11 S. , R. 13 E. & PORTIONS OF SECTIONS 5, 6, 7, 8, 16, 17, 18, 20 &21 , T. 11 S., R 14 E. In Township 11 South, Range 13 East, of the Gila & Salt River Meridian, Pima County, Arizona; The East One-Half (E 1/2) of Section 1; The East One-Half (E 1/2) of Section 12; The Northeast One-Quarter (NE 1/4) of Section 13; In Township 11 South, Range 14 East, of the Gila & Salt River Meridian, Pima County, Arizona; All of Section 5; All of Section 6; All of Section 7; All of Section 8; That portion of Section 16, Laying Westerly of the Easterly Right-of-Way of the Tucson Florence Highway-Az. 77; All of Section 17; The North One-Half(N 1/2) of Section 18; That portion of the Northeast Quarter (NE 1/4) of Section 20, Laying Westerly of the Easterly Right-of-Way of the Tucson Florence Highway-Az. 77; That portion of the Northwest Quarter (NE 1/4) of Section 21, Laying Westerly of the Easterly Right-of-Way of the Tucson Florence Highway-Az. 77; Total Area = ±4,620 Acres. 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LaCanada Blvd. Oro Valley, AZ 85737 Re: Oro Valley's Annexation Request of State Trust Land Dear Chuck: This letter is in regards to the Town of Oro Valley's annexation request for the area west of Oracle Road and north of Rancho Vistoso. The flurry of incorporation activity has created some major issues for the State Land Department. The Land Department's position is that it prefers to have State Trust Land remain in unincorporated Pima County. Once the incorporation activity settles down, the Land Department may review annexations where it is most appropriate. This position also applies to the State Trust Land north of Rancho Vistoso that the Town of Oro Valley has requested to annex. As stated above, the State Land Department prefers at this time, to remain in Pima County. The current land use activity is limited to ranching. Including this area in an incorporated town unnecessarily sets up conflicts with the ranching activities. The State would prefer to entertain an annexation request at sometime in the future when the development activities or pressures are stronger. For these reasons, the State Land Department is formally requesting Oro Valley to place this annexation request on hold. The Land Department will not require you to withdraw your petition at this time, but the Land Department will not schedule it for a hearing before the Selection Board either. The Land Department is also requesting that the committee for the incorporation of Catalina remove all areas west of Oracle Road from their incorporation map. However, Catalina needs the assurance that Oro Valley will not continue their annexation request just as you need the assurance that Catalina will not include this area. It is the State Land Department making this request to Catalina and the Town of Oro Valley, not Catalina. If the Catalina incorporators agree to omit these lands from their proposal, we will be asking Oro Valley to withdraw this annexation request in order to preserve the status quo between all the parties. We have told Catalina that if they do not withdraw this area from their map, we may proceed and schedule your annexation request before the State Selection Board. We also expressed our preference that if we had to choose at this time between Oro Valley or Catalina, we would probably prefer the Town of Oro Valley. Oro Valley is already in existence and has identified this area as "Master Planned Community" in their General Plan. At this time, Catalina is an unknown entity with unknown intentions for these lands. Catalina is looking into the potential increase in costs for contracting services with Pima County. They want to see if their budget is still operational before theytake out petitions for incorporation. They are looking at a November 1998 election for incorporation. This time table provides adequate time to complete your annexation request if the proposed Town of Catalina does not comply with our request and still includes the State Trust Land west of Oracle Road. I realize this is not the direction the Town of Oro Valley is desiring to take at this time. However, we believe the only acceptable option is to assure both groups that if our requests are accepted, that the growth options for each community are still open, not cut off by the premature annexation or incorporation efforts of the other. Please let us know of your response to this proposal. If you have any questions, please give me a call. Sincerely, Dennis Cady Tucson Office Manager cc: Dennis Wells Mike Phalen sweet2.1tr urban disk - - -- _ - - -- — --- --- - ------- , I....0 1 44 I S rt: 1 g (7,227)(4 .2 az 1 dagFrt.,:k, 2 3..4 1,- ett la -..§ .t5L4 •-.)..e vicc, .... 14 • ,TO PC1 ,., 1 `,-9"14.11, 2 (ciica2 al E csi' ,,,,,i-ocaowou,s, 21 .LT c:3 g 1 •PO U I:5 2 i 3 t'..15>"E`12,E'r°- °.' `;.).-E, 1-E it- . 0 E,(2-LV,2 E , 0 ,,,„„4 S0 <1 .1 ,) .., -..,,,] n) -.J (51 0 ./...1 T F s. 49 4 0 • W.,V22,73.--55 2. 2 u ! E"4 40 ;li 'cg t 4 __DiSEgt t 0 Cri g cra E2 cn "c ,..,`>.2° ..,6 I V= W uj 2w 0 s ...., , _„.„. ,....- 4,- > v.) 1...1 g f , t - ), v- CV rkl ) ii2 Cr) _- - •- - r-T i _..4'-' mi. ', (w i A ) ,./ '' V„--- Lr. 77722, 1 - I ((-0 „ — ---- , ` iiiilk ( d _15 i .\.‘,, ...in A4 0 ——t-1 um '' 1 I • - s _ _4 J IL)....., __±. •-• ,....„7„......, ----f- - 1 --_,,.. IL , ----..., ''''‘ "•-,1,---\\ 7 _ _....... iti, 1; _ ,r4",....• • . _ „,,,„, . ,•„:,:,. N. ,4?---r .. ii, 0 Acc. 0 c•-: io ...... --. , --, 10- , :71:02: , --L-,-7 ( L. „„„ _..!•-- 7,...—aw c, ,.., : ,,,----1 , -.. .--k ,___, , , _•...... - 4- ) ---/ 1 .-”,- •. > (0 ; , I' Cu "--- I _ -k. 11. --- , , , . .,, P kl g 11- ......,4, , ii _ ______,1 .._i.. 1 i , i 4 _ cp . ' _ I 1 6 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MELTING DATE: December 1, 1999 TO: HONORABLE MAYOR & COUNCIL FROM: Shirley Seng, Utility Administrator SUBJECT: Implementation of Programs to Reduce Total Coliform Events and Modify the Budget for Fiscal Year 1999-00 SUMMARY: In response to the request of the Mayor, staff evaluated various options available to the water utility that could reduce the potential for total coliform events. The options included real-time detection, increased sampling, installation of sampling stations, implementation of a comprehensive flushing program and implementation of a system wide continuous disinfection program. Staff presented their findings to Mayor and Council at a Study Session held on 11-22-99. Discussion focused on 3 of the 5 options that would promote system protection efforts rather than system detection efforts. Staff recommended that the utility pursue installation of sampling stations and implementation of a flushing program to be used in conjunction with a disinfection program. These options would provide benefits to the system that include, but are not limited to, improved water quality; reduction of total coliform events; reduction in taste, odor and color complaints; improved accuracy and reliability of samples that reflect system water quality; and improved maintenance of the water system which would enhance emergency response times and extend the life of the plant. Pursuant to direction from Council, staff has provided estimates on the volume of water that would be used if a flushing program was approved. This data can be found in Attachment 1. FISCAL IMPACT: The total cost to implement staff recommendations is $305,000. Staff estimates that work totaling $281,000 could be completed in FY 99-00. The current budget includes $90,000 that can be used for these projects; however, to accomplish the work, additional funding of $191,000 will be required. Once implemented, these projects are estimated to cost $104,000 in annual operations and maintenance costs. This information is detailed in Attachment 2. STAFF RECOMMENDATIONS: Staff respectfully recommends that Mayor and Council approve the 3 options stated above to enable the utility to fulfill its responsibility of delivering a safe water supply to our residents and customers. Staff further recommends that Council approve a modification to the FY 99-00 budget to facilitate the implementation of these options. SUGGESTED MOTION: I move to approve the installation of sampling stations, implementation of a comprehensive flushing program and implementation of a system wide continuous disinfection program. Additionally, I move to modify the budget for FY 99-00 as shown on Attachment 2 to facilitate the implementation of the programs. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 Or I move to ATTACHMENTS: 1. Summary of water used for flushing program. 2. Summary of costs to implement. /01itiLitiUtility A dministrat.r 41111", tilityDirector Town Manager ATTACHMENT #1 The following table illustrates actual water used to date in 1999 to flush portions of the distribution system as well as projections for water usage to perform a comprehensive flushing program: Annual Program Program 1999, Year- Imple- Main- To-Date mentation tenance Gallons used for flushing 2,000,000 8,000,000 4,500,000 (estimate) Cost to pump water used $600 $2,400 $1350 for flushing (at $0.30 per 1000 gal.) 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Cl) 0 z oo'' 0 0 bb 0 0 -co 0 0o m D 0 0 0 0 0 0 0 o O o 0 0 _I0C o 00 0o Oo O o0 Z z0z � K -n -I HO 000 rn� � � D W r- D op co 2 0-, O C X K 0 :,cs1CoccONNa) CONN 0o C31 v -P01 Dom O 0a 0000 0 0 000 . . O O i i OooN I G) 0 O O f 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0m 0 C o O 0 0 0 0 0 0 O O O O Oa O O --I 0 Omm Cn N OmOm 0W � IV orooZ 0 ,b O i O i i i i i i i . O -m-i rn D D CD 0 o O 0 H Z rn rn ,' m 0 2 70 K 2 o mC > 01 U1 O N N X 0 0 0 0 0 0 0 0 0 0 0 0 � m a H o C 0 0 0 0 0 0 0 0 0 _.x CD TOWN OF ORO VALLEY 7 COUNCIL COMMUNICATION MEETING DATE: December 1, 1999 TO: HONORABLE MAYOR & COUNCIL FROM: H. Brent Sinclair, AICP, Community Development Director SUBJECT: Resolution No. (R)99- 111Contract for Architectural Services for Design of the Town of Oro Valley Library with Burns Wald-Hopkins BACKGROUND: In the 1997 bond election, Pima rY County voters approved funding to establish a new northwest branch library. On August 5, 1998 a Library Technical Advisory Committee (LTAC) was appointed by the Oro Valley Town Council to facilitate discussions regarding the construction of a new Library. Over the course of the last year, the LTAC has been working closely with staff, Pima County and the Tucson Pima Library District regarding community needs, facility planning and integration with the Town Hall Campus. Based on those past discussions, the LTAC drafted a Request for Proposal for Architectural and Engineering Services, which the Council approved at their July 21, 1999 Town Council meeting, contingent upon the Pima County Board of Supervisors' approval of the IGA. In September of this year, after several Council and Board of Supervisors' Meetings, an IGA was approved and adopted by both municipalities that secured the $2 million dollars in bond funds for this project. The balance of the $3,995,000.00 will be paid out of the Town's Library Construction Fund in the CIP. SUMMARY: On September 2, 1999, the Town released the Notice for Request for Proposal for Architectural and Engineering Services for the Oro Valley Public Library. A total of 21 RFPs were mailed out and 8 proposals were received by the Community Development Department in response. The Library Selection Committee reviewed the eight proposals and short-listed the following three firms: a) Burns Wald-Hopkins b) Sakellar& Associates c) Gresham Beach On Friday, October 29, 1999, the Selection Committee interviewed the three short-listed firms. As a result of the interviews, they concurred that Bums Wald-Hopkins was their first choice. On Friday, November 5th three of the committee members drove to Sierra Vista to tour a recently constructed library, which was designed by Bums Wald-Hopkins. The Library Technical Advisory Committee held a meeting on November 1 to discuss the interviews and the Library Selection Committee's recommendation. Subject to touring the Sierra Vista Library, the LTAC concurred with the Selection Committee's top selection. Earlier this year, preliminary cost estimates for professional services were prepared for this project and presented to the Town Council in a study session. Estimates included $20,000 for geotechnical studies and TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 $144,000 for architectural fees. These amounts are fairly accurate for covering basic services; however, no estimates were provided for other essential services including civil engineering, landscape design and specialty y services. The proposed Professional Services Contract with Burns proposes ns Wald-Ho kiall fees and services necessary to complete the project in accordance with the scope of services detailed by the LibraryTechnical Advisory . Committee. In brief, the Contract enumerates the main services and fees as follows: A. Basic Services Fixed fee of$126,000 based on 7% of construction budget B. Additional Services 1. Programming & Site Alternatives Fixed fee of$19,740 2. Civil Engineering Fixed fee of$41,514 3. Landscape Architect Fixed fee of$18,400 4. Interior/Furnishings Fixed fee of$24,750 5. Accoustical & Lighting Optional/negotiated fee not to exceed $8,000 RECOMMENDATION: The Library Technical Advisory Committee, along with staff, recommends Council adoption of the resolution authorizing a contract with Burns Wald-Hopkins to provide Architectural and Engineering Services for the Oro Valley Public Library. SUGGESTED MOTION: I MOVE to APPROVE Resolution No. (R)99- iii , authorizing a contract with Burns Wald-Hopkins with an amount not to exceed $238,404 to provide comprehensive architectural and engineering services for the new Town of Oro Valley Public Library. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 3 ATTACHMENTS: 1. Resolution (R)99- 111 2. Proposal for Professional Services / s(t)3tA;k Community Development Director / / iL..L.� 1;11_, 1-".rl " w own Manager F:\INDIVID\LMT\TCC\RFPcontract.tcc RESOLUTION NO. (R)99111 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING A CONTRACT BETWEEN THE TOWN OF ORO VALLEY, ARIZONA AND BURNS WALD-HOPKINS FOR ARCHITECTURAL AND ENGINEERING SERVICES RELATED TO THE NEW TOWN OF ORO VALLEY PUBLIC LIBRARY WHEREAS, the Town of Oro Valley has $2 million in bond funds from Pima County to establish a new northwest branch library; and, WHEREAS, the balance of the funding for the library will be paid by the Town of Oro Valley; and, WHEREAS, the Town of Oro Valley has determined there is a desire for a library within Town limits; and, WHEREAS, the Town of Oro Valley lacks available engineering and architectural experience to design the library. THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: 1. That the Town of Oro Valley enter into a contract with Burns Wald-Hopkins with an amount not to exceed $238,404 to provide comprehensive architectural and engineering services for a new Town of Oro Valley Public Library. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 1st day of December 1999. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney 11/23/1999 21:37 5207956171 BURNS&WALD—HOPKINS PAGE 01 8IIBS ' •_. I I" W A L D N 01' 11 l 1V 0a' if/ v6gas Fax Nota 11761 TO ix) St..3(iLet;iy. Fax-,F ax November 16, 1999 rl , 0,4 Revised November 24, 1999 F"'" 1.� - 1•lo k� Town of Oro Valley, Arizona Mr. H. Brent Sinclair, Community Development Director 11,000 North La Canada Drive Ow Valley, Arizona 85737 Re: Oro Valley Public Library-Proposal for Professional Services 9923.00 1.1 Dear Mr. Sinclair: Burns and Wald-Hopkins Architects is delighted with your selection of our firm as architects for your first public library. We know that expectations for this important public project, and we look forward to working with you to meet and exceed all those expectations. If this proposal is acceptable,we will incorporate it into the Sample Professional Services Contract that you provided and distribute that for signatures. This proposal is based on the following: Scope of Project The new Oro Valley Library will be located on a 7.2 acre site north of the existing municipal facilities at 11,000 North La Canada Drive. The first phase of the library will be approximately 15,000 square feet to house a collection of 50,000 volumes, and is budgeted at approximately $3,995,000 for the complete project. Construction is currently budgeted at $120/square foot for a total of$1,800,000. A second phase of 10,000 square feet will accommodate an expanded collection, reading areas and possibly a meeting room. This phase is currently unfunded. Scope of Services Based on the above Scope of Project and Appendix A"Scope of Professional Consultant Services"we will provide the following services: RUINS AND WALD•HOPKINS ARCHITECTS INC 2 9 4 0 NORTH SWAN ROAD #2 1 4 TUCSON ARIZONA 8 5 7 7 7 (510) 795.1105 FAX (520) 795. 171 11/23/1999 21:37 5207956171 BURNS&WALD-HOPKINS PAGE 02 Town of Oro Valley, Arizona-Mr. H. Brent Sinclair, Community Development Director Re: Oro Valley Public Library-Proposal for Professional Services November 24, 1999 Pate 2 A. Basic Services: We will provide Schematic Design, Design Development Services, Construction Document, Bidding and Construction Phase services, including normal architectural, structural, mechanical and electrical engineering services. Compensation: A.fixed fee of$126,000.00, based on 7% of the construction budget. B. Additional Services: 1. Programming and Site Study: We will provide the services listed under this heading in the Professional Services Contract, including Project Initiation, Programming Statement, Site Data and Inventory and Alternative Schemes. Compensation: A fixed fee of$19,740.00, computed as follows: PM PD PA COST TOTAL Initiation 4hrs. 4 4 12 Programming 8 24 8 4 44 Site Data 6 12 16 34 Alt. Schemes 20 72 34 8 96 Subtotal Hrs 38 112 62 12 186 Hourly Rate $95.00 $95.00 $75.00 $70.00 TOTAL $3,610 $10,640 $4,650 $840 $19,740.00 2. Civil Engineering: We will provide civil engineering services in accordance with the attached proposal from RS Engineering. Compensation: A fixed fee of$41,514.00, computed as follows: RS Engineering: $37,740.00 x 1.1 =$41,514.00 3. Landscape Architecture: We will provide landscape architectural services in accordance with the attached proposal from McGann& Associates. Compensation: A fixed fee of$18,400.00, computed as follows: McGann& Associates: $16,800.00 x 1.1 $18,400.00 11/23/1999 21:3 7 5207956171 BURNS&WAL D-HOPK INS PAGE 03 Town of Oro Valley, Arizona-Mr. H. Brent Sinclair,'•Community Development Director Re: Oro Valley Public Library -Proposal for Professional Services November 24, 1999 Pa&e 3 4. Interior Design: We will retain the services of Michaels and Associates to provide comprehensive furniture selection and signage design services. Compensation: A fixed fee of$24,750.00, computed as follows: Michaels& Associates: $22,500.00 x 1.1 = $24,750. 5. Acoustical and Lighting Consultants: We will provide acoustical and lighting consulting services as required during design of the library_ Compensation: An estimated fee of$8,000.00 to be confirmed when the scope of services is more specifically developed. 6. Other Additional Services: Services other than those specifically described above, such as professional rendering and models, revisions to previously approved drawings, etc. will be considered Additional Services and shall be compensated additionally at the following rates: Project Manager $95/hour • Project Designer $95/hour Project Architect $75/hour Cost Estimator/Specifier $70/hour Drafter $45/hour Clerical $40/hour Consultants: At cost x 1.1 C. Reimbursable Expenses: Miscellaneous direct expenses, such as plotting, printing, copying, mileage, shipping, etc. shall be reimbursed at cost. Owner Furnished Services: As the Owner we understand you will be responsible for the following services: Comprehensive Property Survey As-Built Drawings of Existing Facilities Geotechnical Investigation Materials Testing 11/23/1999 21:37 5207956171 BURNS&WALD—HOPKINS PAGE 04 Town of Oro Valley, Arizona-Mr. H. Brent Sinclair, Community Development Director Re: Oro Valley Public Library-Proposal for Professional Services November 242,1999 paw Thank you again for this opportunity. We look forward to reaching agreement on our fee and beginning work. Sincerely, Burns and Wald-Hopkins Architects, Inc. vad WaI•-Hopkins, AI •al P:IWPDATA\MARKETNG\PROPS\Oro Vallcy\Library 9-30-99\FEEPROPOSAL.wpd Section III. Sample Professional Services Contract SAMPLE PROFESSIONAL SERVICES CONTRACT for ARCHITECTURAL/ENGINEERING SERVICES between THE TOWN OF ORO VALLEY,ARIZONA and BURNS AND WALD-HOPKINS ARCHITECTS, INC. This contract was approved by the Oro Valley Town Council on the 1st day of December, 1999, shall_be between the TOWN OF ORO VALLEY,ARIZONA,a body politic and incorporated municipality of the State of Arizona(hereinafter called"TOWN")and Burns and Wald-Hopkins Architects,Inc.,licensed to practice in the State of Arizona, (hereinafter called "CONSULTANT.") Whereas,TOWN intends to have the Consultant design the Oro Valley Public Library,located at 11000 N. La Canada Drive,Oro Valley,Arizona, hereinafter called the"PROJECT." That for consideration hereinafter named,TOWN and CONSULTANT agree as follows: ARTICLE I: SCOPE OF SERVICES CONSULTANT agrees to provide Professional Services for the TOWN as described in APPENDIX A,an attachment to this Contract. Furthermore,when applicable, such work shall comply with APPENDIX C,an attachment to this Contract,the GIS/CAD standards for the Town of Oro Valley. ARTICLE I I: COMPENSATION AND PAYMENT The total of all payments to CONSULTANT,including sub-consultants,under this Contract shall not exceed$238,404.00 --two hundred thirty eight thousand four hundred and four dollars. This not to exceed fee shall include all professional architectural and engineering services. CONSULTANT'S fees and method of compensation shall be in accordance with provisions described in APPENDIX B,an attachment to this Contract. Payment under this Article shall not prevent the TOWN from objecting to charges after payment in appropriate cases, or from seeking reimbursement for any such charges. The TOWN shall have thirty days from receipt of a request for payment to protest or pay the charges. ARTICLE III: SUCCESSOR AND ASSIGNS All the terms,conditions,and provisions shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns; provided, however,that no assignment of this Contract shall be made without written approval of the TOWN. This Contract shall be void if assigned without TOWN consent; and TOWN may withhold and refuse to consent to any assignment. 1 ARTICLE IV: CONTRACT EXPIRATION This contract shall commence as of the above noted date and shall terminate on September, 2001, unless otherwise terminated or extended as provided in this Contract. ARTICLE V: CONTRACT EXTENSION This Contract shall not be construed as being subject to automatic renewal. Any modification or time extension shall be by formal written amendment to this Contract and executed by the parties hereto. ARTICLE VI: OWNERSHIP OF DOCUMENTS All original drawings,boring logs,field data, estimates,field notes, plan specifications, documents, reports, calculations, maps and models, and other information developed by CONSULTANT under this contract shall vest in and become the property of the TOWN and shall be delivered to the TOWN upon completion or termination of the services,but CONSULTANT may retain and use copies thereof. The TOWN agrees that the material will not be used for any project other than the project for which it was designed or without the expressed permission of the CONSULTANT. ARTICLE VII: LIABILITY AND INDEMNIFICATION CONSULTANT shall perform the services hereunder in accordance with generally accepted professional methods and standards. To the fullest extent permitted by law, the CONSULTANT shall indemnify, defend, and hold harmless TOWN, 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, including reasonable attorney's fees and costs incurred by TOWN in defending any claim or action, arising out of this Contract which are attributed to any negligent act or omission of the CONSULTANT and its agents, employees, or any one acting under its direction, control, or on its behalf. The obligations under this Article shall not extend to the negligence of the TOWN, its agents, employees, or indemnities. ARTICLE VIII: CONSULTANT'S LIABILITY INSURANCE The CONSULTANT shall purchase and maintain such insurance as will protect it and the TOWN from claims set forth below which may arise out of or result from the CONSULTANT'S operations under the Contract,whether such operations be by itself or by any subcontractor or by anyone directly or indirectly employed by any of them or by anyone else for whose acts any of them may be liable. Evidence of Insurance is required as follows: Commercial General Liability in amount of$1,000,000 combined,single limit Bodily Injury and Property Damage or $1,000,000 Body Injury, $1,000,000 Property Damage. Coverage must include: Premises/Operations, Independent Contractors, Products/Completed Operations, and Contractual Liability. Automobile liability coverage for owned, non-owned, and hired vehicles must be provided with limits in the amount of$1,000,000 combined single limit, or $1,000,000 bodily injury, $100,000 property damage. TOWN is to be named as an additional insured for all 2 operations performed within the scope of the contract between TOWN and CONSULTANT. Evidence of Professional Liability Insurance in the amount of$500,000 per occurrence, $1,000,000 annual aggregate must be provided. CONSULTANT must also provide evidence of statutory Arizona Workman's Compensation Coverage. All certificates of Insurance must provide for guaranteed thirty(30) day notice of cancellation,non-renewal, or material change. Any modifying language in the Insurance Certificate must be deleted. ARTICLE IX: NON-APPROPRIATION OF FUNDS Notwithstanding any other provision of this Contract,this Contract may be terminated if for any reason the Oro Valley Town Council does not appropriate sufficient monies for the stated purpose of maintaining this Contract. TOWN shall have no further obligation to CONSULTANT, other than for services rendered prior to termination. ARTICLE X: DELAYS Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by any cause, existing or future,which is beyond the reasonable control of such party. ARTICLE XI: CHANGES The TOWN may, from time to time, require changes in the scope of the services of the CONSULTANT to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT compensation,which are mutually agreed upon by and between the TOWN and CONSULTANT shall be incorporated in written amendments to this Contract and signed by both parties. ARTICLE XII: TERMINATION OF CONTRACT FOR CAUSE If,through any cause, CONSULTANT shall fail to fulfill in timely and proper manner its obligations under this Contract, or if CONSULTANT shall violate any of the covenants, contracts, or stipulations of this Contract,the TOWN shall thereupon have the right to terminate this Contract by giving written notice to CONSULTANT of such termination and specifying the effective date thereof, at least ten(10) days before the effective date of such termination. In that event, all finished or unfinished documents data,studies,surveys, drawings, maps, models, photographs, and reports prepared by CONSULTANT shall, at the option of the TOWN,become its property and CONSULTANT shall be paid an amount based on time and expenses incurred by CONSULTANT prior to the termination date, however, no payment shall be allowed for anticipated profit on unperformed services. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the TOWN for damages sustained by the TOWN by virtue of any breach of the Contract by CONSULTANT and the TOWN may withhold payments to CONSULTANT for the purpose of set-off until such time as the exact amount of damage due the TOWN from CONSULTANT is determined. 3 ARTICLE XIII: TERMINATION FOR CONVENIENCE OF TOWN TOWN may terminate this Contract at any time by giving written notice to CONSULTANT of such termination and specifying the effective date thereof, at least fifteen (15)days before the effective date of such termination. In that event, all finished or unfinished documents and other materials shall, at the option of the TOWN,become its property. If the Contract is terminated by the TOWN as provided herein, CONSULTANT shall be paid an amount based on the time and expenses incurred by CONSULTANT prior to the termination date, however, no payment shall be allowed for anticipated profit on unperformed services. ARTICLE XIV: NON-DISCRIMINATION CONSULTANT shall not discriminate against any TOWN employee, client, or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability, or national origin, in the course of carrying out CONSULTANT duties pursuant to this Contract. CONSULTANT shall comply with the provisions of Executive Order 75-5,which is incorporated into this Contract by reference, as if set forth in full herein. All subcontractors associated with this Contract shall adhere to the same standards as set forth in this Article. ARTICLE XV: CONTINUATION OF SERVICES CONSULTANT shall continue to render all services requested in the Contract without interruption, notwithstanding any disputes concerning the interpretation of this Contract, all disputes to be adjusted at a later time, if appropriate. ARTICLE XVI: OTHER DOCUMENTS CONSULTANT and TOWN, in entering into this Contract have relied upon information in the Oro Valley Library Request for Proposals, date of September 30, 1999, and on information provided by the CONSULTANT in response to said documents. These documents are hereby incorporated into and made part of this Contract as if set forth in full herein. ARTICLE XVII: INDEPENDENT CONTRACTOR STATUS The status of the CONSULTANT shall be that of an independent contractor and CONSULTANT shall not be considered an employee of the TOWN and shall not be entitled to receive any fringe benefits associated with any regular employment and will not be subject to the provisions of the TOWN Merit System. CONSULTANT shall be responsible for the payment of all federal, state, and local taxes associated with compensation received, pursuant to this Contract and shall indemnify and hold the TOWN harmless from any and all liability which TOWN may incur because of CONSULTANT'S failure to pay such taxes. CONSULTANT shall be responsible for program development and operation under the supervision of the TOWN. CONSULTANT will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, and subcontractors during the performance of this Contract. 4 ARTICLE XVIII: CONFLICT OF INTEREST This Contract is subject to the provisions of A.R.S. Section 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 of either if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or a Consultant to any other party to the Contract with respect to the subject matter of the Contract." ARTICLE XIX: COMPLIANCE WITH LAWS The laws of the State of Arizona shall govern this Contract. Any action related to this Contract shall be brought in an Arizona court. In designing the Project and preparing the plans, drawings, and specifications,the CONSULTANT shall comply with all the requirements of Title 41, Chapter 9,Article 8, relating to building structures. CONSULTANT shall become and remain informed of all applicable federal, state, and local laws,ordinances, rules and regulations, and the orders and decrees of bodies or tribunals having any jurisdiction or authority over this Project, which may significantly affect completion of the project. The CONSULTANT shall observe and comply with all such laws, ordinances, rules, regulations, orders, and decrees. In addition,the Project shall be designed to comply with and meet all governing codes, and amendments thereof, as currently adopted by the TOWN, including the most recent versions of applicable construction codes for this project as listed below. Compliance with these codes is required, and deviations shall be called to the attention of the TOWN. Uniform Building Codes —As published by the International Conference of Building Officials, 50 South Robles, Pasadena, California 91101, and Town of Oro Valley Amendments. Life Safety Code — Standard No. 1; published by the National Fire Protection Association, 60 Batterymarch Street, Boston, Massachusetts 02110. Uniform Mechanical Code —published by the International Association of Plumbing and Mechanical Officials, 5032 Alhambra Avenue, Los Angeles, California 90032, and Town of Oro Valley Amendments. Uniform Plumbing Code —published by the International Association of Plumbing and Mechanical Officials, 5032 Alhambra Avenue, Los Angeles, California 90032, and Town of Oro Valley Amendments. National Electrical Code — Standards No. 70 and 76A,published by the national Fire Protection Association. National Fire Codes —Volumes 1 through 16, except for standards contained therein which are separately adopted elsewhere in this Regulation in a different edition; published by the National Fire Protection Association, 60 Batterymarch Street, Boston, Massachusetts 02110, and Town of Oro Valley Amendments. Fire Protection Standard —by Arizona State Fire Marshall(requires a Class A Fire Alarm System), Oro Valley Building Safety Division,Town's Insurance Carrier, Rural/Metro Fire 5 Department. Drawings shall be submitted to the above agencies at completion of preliminary design, design development, and construction documents,for review and approval. ARTICLE XX:AMERICANS WITH DISABILITIES ACT(ADA) CONSULTANT shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. ARTICE XXI: NON-WAIVER The failure of either party to insist in any one or more instances upon the full and complete compliance with any of the terms and provisions of this Contract, or to take any action permitted as a result thereof, shall not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same, or any other covenant or condition, either in the past or in the future. The acceptance by either party of sums less than may be due and owing it at any time shall not be construed as an accord and satisfaction. ARTICLE XXII: NON-EXCLUSIVE CONTRACT CONSULTANT understands that this Contract is non-exclusive and is for the sole convenience of the TOWN. The TOWN reserves the right to obtain like services from other sources for any reason. ARTICLE XIII:ARBITRATION All claims, disputes, counterclaims, and other matters in question,under $50,000, arising out of or relating to this Contract which the TOWN and CONSULTANT are unable to resolve shall be decided by arbitration. The American Arbitration Association is hereby designated as the arbitrator, and arbitration shall proceed in accordance with the Construction Industry's Arbitration Rules of the American Arbitration Association. All arbitration hearings will be held in Oro Valley,Arizona or the metropolitan Tucson area. Arbitration shall be limited to claims with a maximum of$50,000. Arbitrator shall not have jurisdiction to consider or find any claim or matter in controversy or render a monetary award against any party in excess of$50,000, exclusive of interest and costs. CONSULTANT shall continue to render all services required by this Contract,without interruption, notwithstanding these provisions. ARTICLE XXIV: REMEDIES Either party may pursue any remedies provided by law for the breach of this Contract. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or at equity or by virtue of this Contract. 6 ARTICLE XXV: NOTICES Any Notice required or permitted to be given under this Contract shall be in writing and shall be served by delivery or by mail upon the other party as follows: TOWN: CONSULTANT: Mr. H. Brent Sinclair, Community Dev. Director David Wald-Hopkins,MA, Principal Town of Oro Valley,Arizona Burns and Wald-Hopkins Architects 11000 N. La Canada Drive 2940 N. Swan Road, Suite 214 Oro Valley,Arizona 85737 Tucson,AZ 85712 Phone: 520.797.9797, Facsimile: 520.742.1022 Tel: 520/795-2705 Fax: 520/795-6171 E-Mail: dwaldhopkins@burnswald.com ARTICLE XXVI: NON-WARRANTY The parties do not warrant their respective right or power to enter into this Contract and if the same is declared null and void by court action initiated by third persons, there shall be no liability to the other party by reason of such action,or by reason of this Contract. ARTICLE XXVII: SEVERABILITY In the event any term or provision of this contract is held to be illegal or in conflict with any law of the State of Arizona,the validity of the remaining provisions shall not be affected, and this Contract shall be construed and enforced as if it did not contain the particular term or provision. ARTICLE XXVIII: ENTIRE CONTRACT This document contains the entire Contract between the parties and it may not be modified, amended, altered, or extended except through a written Amendment signed by the parties. 7 IN WITNESS WHEREOF,the parties hereto have executed this CONTRACT the day and year first above written. ATTEST: TOWN OF ORO VALLEY Town Clerk Mayor --� OFFI61ACIEAL Date YVETTE CANTRELL ` Imo:-:: '! Notary Public•Arizona -71 ,-11 PIMA couNiv ATTEST. .2 #(44k1-`1:a.. My Com 'salon Expire ��i and Wald-Ho kin Arch' ts, I . 1 ' F9bru'arki 14,2003 By: `'‘ _ Notary y: 1 Title: Principal Date: December 1, 1999 Fed. Tax No.: 860420520 APPROVED AS TO FORM: Oro Valley Town Attorney APPROVED AS TO CONTENT: Oro Valley Town Manager END OF DOCUMENT 8 Section III. Appendices and Attachments APPENDIX A SCOPE OF PROFESSIONAL CONSULTANT SERVICES FOR THE ORO VALLEY PUBLIC LIBRARY BY BURNS AND WALD-HOPKINS ARCHITECTS, INC. A. SCOPE OF SERVICES TO BE PROVIDED BY THE CONSULTANT 1. General Provisions The Scope of Professional Services shall include all professional services required for the programming, schematic design, design development, construction documents, construction administration and cost estimate for the Project. All work shall be performed by persons licensed in the State of Arizona for the type of Professional Services required, or by persons under direct supervision of the licensed professional, for which the licensed professional(s) assumes responsibility. The names of the licensed professionals shall be supplied. They shall be responsible for the drawings and specifications pertaining to the Professional Services they provide,by stamping and signing all drawings and specifications for which they are responsible. The TOWN lacks the available expertise for the Project, and has therefore,by this Contract, employed the CONSULTANT. Written approval of plans, specification, and reports by the Oro Valley Town Council is only for the purpose of conformance with the program design concept of the Project. This approval does not imply approval of nor attest to the accuracy, suitability, or completeness of the design, drawings, dimensions, nor compliance with applicable codes or ordinances. Such accuracy, suitability, or completeness is the sole responsibility of the CONSULTANT for the Project. The Project budget is $3,995,000 which shall include,but is not limited to, all costs for construction, professional fees, testing, permits, development plan approval, construction administration, furnishings, equipment, costs to occupy the project and project contingency. If the cost estimate for construction of the Project is not for an amount within the construction budget,the CONSULTANT shall,in consultation with the TOWN, revise the scope and/or quality of the project to obtain a satisfactory estimate to construct the project in accordance with A.R.S. 34-104, at no additional cost to the TOWN, unless otherwise agreed upon by the TOWN. 9 The CONSULTANT shall prepare minutes of all meetings between the TOWN and the CONSULTANT, for review and approval by the TOWN. The CONSULTANT shall prepare a Master Project Schedule and Monthly Cash Flow Schedule, encompass the entire project, for review and approval by the TOWN. The CONSULTANT shall base the initial schedule upon information developed by the CONSULTANT and provided by the TOWN. CONSULTANT shall then be responsible to maintain and update the schedule on a monthly basis during the course of the Project. The CONSULTANT shall submit each schedule revision to the TOWN for review and approval. 2. Architectural and Engineering Design Services 1.1. Programming and Site Study 2.1.1 Project Initiation Upon award of this Contract and authorization to proceed from the TOWN,the CONSULTANT shall organize and lead a "kick-off' meeting to include all identified participants in this project. This meeting is intended to open the lines of communication between all participants and to verify needs, schedules, and goals of the work to take place. The participants, in addition to the Town, shall include the Tucson Pima Public Library District, the Library Technical Advisory Committee, representatives from Oro Valley Public Schools, and other groups and identified by the Town. The CONSULTANT shall confirm all targets, meetings, reviews, and deliverables on a master schedule. This will be an opportunity to establish a project understanding among all team members regarding direction and responsibilities. 2.1.2 Programming Statement The CONSULTANT shall embark on a series of interviews with representatives of the anticipated operators and users of the Oro Valley Public Library for the purpose of establishing a Program Statement. The CONSULTANT shall assist the TOWN in this phase of the project to determine the goals and parameters of the Project, and to identify the methodology of achieving them. Issues of relevance include mission statements, organizational charts, program requirements, space needs and_relationships, operational issues, functional organization, physical design parameters, and community relations. Copies of this Program Statement shall be shared by all participants and distributed to all members of the LIBRARY TECHNICAL ADVISORY COMMITTEE for review and comment. Approval of the Program Statement by the Oro Valley Town Council is necessary before proceeding with the balance of the project. 2.1.3 Site Data and Inventory Concurrent with Programming,the CONSULTANT shall systematically gather information on the site and its surroundings. Relevant information includes existing infrastructure, adjacent building information, site analysis, pedestrian movement, circulation and parking,topography, environmental analysis, adjacent land uses (in particular the southwest and northwest corners of La Canada and Naranja), neighborhood conditions, Oro Valley zoning restrictions, 10 and requirements of the El Conquistador Planned Area Development. The material collected shall be documented in summary statement and/or graphic form to be distributed with the Program Statement to the LIBRARY TECHNICAL ADVISORY COMMITTEE and Town Council for approval. 2.1.4 Alternative Schemes Following review and approval of the Programming Statement and Site Data and Inventory,the CONSULTANT shall prepare three alternative schemes for the development of the project. Each scheme will depict the following information: • location and vicinity maps • site analysis maps and descriptions • program statement • land use plan incorporating user requirements • context plan of relationships and linkages to the town hall and the surrounding community • architectural placement and massing plan • building elevations of proposed structures • transportation plan showing arrival points, roads, and service corridors • parking layouts and distribution • pedestrian plan of walkways,linkages,building entry points and plazas • bicycle plan of linkages and bicycle parking/storage • infrastructure plan showing conceptual connections to utilities and conceptual utility size capacities • landscape concept plan • illustrative site plan and renderings to be incorporated into public relations package • estimate of probable project costs • proposed project phasing schedule • future expansion of the Library • future expansion of the Town Hall Campus The CONSULTANT shall present the three alternative schemes to the LIBRARY TECHNICAL ADVISORY COMMITTEE,who shall forward all three schemes to the Oro Valley Town Council with a recommendation. Following approval of a specific scheme by Town Council the CONSULTANT shall proceed with the Schematic Design. 2.2. Schematic Design Upon the TOWN'S written approval of the Programming and Site Study, the CONSULTANT shall proceed to the Schematic Design of the Project which consists of drawings, outline specifications, calculations, and other documents which establish the general scope, conceptual architectural design and structural, civil, mechanical and electrical engineering systems, scale and relationships between components, and any other preliminary concerns specific to the Project. The CONSULTANT shall submit a Development Plan and Landscape Plan to the 11 Development Review Board for review in accordance with Sec. 3-3 "Development Review"of the Oro Valley Zoning Code Revised. The Development Plan and Landscape Plan shall meet the requirements of Sec. 4-5 "Development Plan" and Article 14 "Native Plant Salvage and Landscape Plan"of the Oro Valley Zoning Code Revised. Upon review of these documents by the Development Review Board and approval by the Town Council,the CONSULTANT may proceed with the Design Development. Concurrent with submission of the Schematic Design Documents,the CONSULTANT shall submit to the TOWN a Statement of Probable Construction Cost. Approval of the Schematic Design Phase by the TOWN is necessary before proceeding on to the Design Development Phase of the Project. At the completion of the Schematic Design the CONSULTANT shall prepare and submit a model of the project at a scale sufficient to show the relationship of the Library to the Town Hall and the adjoining streets. The model should also show the building in sufficient detail to express its form, size and exterior details. 2.2.1. Design Development Phase The CONSULTANT shall proceed with the Design Development Documents,only after written approval to do so is received from the TOWN. This Phase consists of drawings and other documents necessary to fix and describe the size and character of the entire Project as to structural, mechanical, and electrical systems. Design Development Documents shall be submitted to the TOWN for review and approval. The CONSULTANT must receive from the TOWN written approval of the Design Development Documents before proceeding to the next Phase. Concurrent with submission of the Design Development Documents, the CONSULTANT shall submit to the TOWN a Statement of Probable Construction Cost,with itemized costs for materials and labor for each portion of the construction (per Construction Specifications Institute), and applicable evidence that"Value Engineering"was utilized to develop these costs. 2.2.2. Construction Documents The CONSULTANT shall prepare from the approved Design Development Documents, Construction Documents, including Drawings and Specifications, setting forth in detail the requirements for the construction of the entire Project, including coordination of the various applicable disciplines, and shall incorporate the standard Town of Oro Valley Bidding Instructions and the General Conditions of the Contract into the final Construction Documents. These Instructions and Conditions will be supplied to the CONSULTANT by the TOWN. CONSULTANT shall provide 50% and 90% complete Construction Documents for the TOWN's review and approval. CONSULTANT shall make required changes based on TOWN's review and CONSULTANT's quality control review of the Construction Documents. The CONSULTANT shall submit a detailed cost estimate based on materials and labor and shall advise TOWN of any adjustments to previous detailed Construction Cost Estimate indicated by changes in requirements, general market conditions, or design refinements resulting from the continued"Value Engineering"process. 12 The CONSULTANT must receive from the TOWN written approval of the Construction Documents stage before proceeding to the next phase. The CONSULTANT shall assist TOWN in filing the required documents for the approval of governmental authorities having jurisdiction over the Project. The CONSULTANT shall provide the TOWN with all required documentation for submittal of Building Permit, and any other permits or review processes required by said governmental authorities. These documents shall include completed permit applications, checklists, CONSULTANT Consent Form, plans, specifications, and calculations. TOWN will submit these documents and pay the required fees. 2.2.3. Bidding Phase The CONSULTANT,following TOWN approval of the Construction Documents and the latest detailed Construction Cost Estimate, shall assist the TOWN in obtaining bids, and in preparing and awarding the construction contract. A Pre-Bid Conference shall be part of the Bidding Documents Phase, and CONSULTANT shall arrange for the timely holding of such conference, to which all potential bidders shall be invited. 2.2.4 Construction Administration Phase of the Construction Contract Whenever the term"Contract"is used herein, it shall mean the Construction Contract and General Conditions adopted by the Oro Valley Town Council, and as the same may hereinafter be amended with approval of both parties after review by the CONSULTANT. The term"Contractor"as used herein shall mean the party entering into a contract with TOWN for the construction of the Project defined by the Construction Documents. CONSULTANT's Construction Administration Phase shall commence with the award of the Construction Contract and will terminate 90—forty five days following issuing of the Certificate of Substantial Completion. CONSULTANT's Construction Administration Services,beyond the completion time period specified above, unless due to the neglect of the CONSULTANT shall require specific written approval by the TOWN by written amendment to this contract. The CONSULTANT shall provide administration of the Construction Contract as set forth in the Construction Contract and General Conditions of the Owner- Contractor Construction Contract. The extent of the CONSULTANT duties and responsibilities and the limitations of his authority as assigned thereunder shall not be modified without the written consent of the CONSULTANT, and that of the TOWN. The CONSULTANT, as the representative of the TOWN during the Construction Phase, shall advise and consult with the TOWN. All of the TOWN instructions to the Contractor shall be issued through the CONSULTANT. The CONSULTANT shall have authority to act on behalf of the TOWN to the extent provided in this contract,the Construction Contact, and the General Conditions, unless otherwise modified in writing. 13 The CONSULTANT shall at all times have access to the Work whenever it is in preparation or progress. The CONSULTANT shall make sufficient visits to the site so as to ascertain the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. SUB-CONSULTANTS to the CONSULTANT shall also furnish periodic written records of their inspection of the Work,which shall be submitted to the TOWN,through the CONSULTANT, for the TOWN files. The CONSULTANT shall chair a weekly construction meeting on site with Contractor and the TOWN and provide written minutes of the meetings to all attendees. The CONSULTANT shall not be responsible for construction means, methods, techniques, or procedures in connection with the Work, nor shall he be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents; for the acts or omissions of the Contractor, Subcontractors agents or employees. However, the CONSULTANT shall immediately notify the TOWN if the Contractor is failing to carry out the work in accordance with the Contract Documents, and shall immediately notify the Contractor of work not in compliance with the Contract Documents. The CONSULTANT shall prepare a list of critical construction inspection times and items to be inspected, and said schedule shall be made part of the successful Contractor's required performance. Notwithstanding any provisions of previous paragraphs, and based on such observations at the site and on the Contractor's Applications for Payment, the CONSULTANT shall determine the amount owing to the Contractor and certify the payment of such amounts on the Contractor's Applications for Payment(AIA Form G-702). The Certification of the Application for Payment shall constitute a representation by the CONSULTANT to the TOWN based on the CONSULTANT's observations of the site and on the data comprising the Application for Payment, that the Work has progressed to the point indicated; that to the best of the CONSULTANT's knowledge,information and belief, that the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole upon Substantial Completion; to the results of any subsequent tests required by the Contract Documents;to minor deviations from the Contract Documents correctable prior to completion; and to the specific qualifications stated in the Certificate for Payment) and that the Contractor is entitled to payment in the amount certified. Then the Contractor has made proper application therefor; the CONSULTANT shall forward the certified Application for Payment to the TOWN. The CONSULTANT may decline to approve an Application for Payment and may withhold the Application in whole or in part, if in the CONSULTANT's opinion he 14 is unable to make representations to TOWN as provided in the above paragraph. The CONSULTANT may also decline to approve any Applications for Payment, or,because of subsequently discovered evidence or subsequent inspections, he may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in his opinion to protect the TOWN from loss because of: • Defective work not remedied, or; • Claims filed, or reasonable evidence indicating probable filing of claims, or; • Failure of the Contractor to make payments to sub-contractors for labor, materials or equipment, or; • Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum, or; • Damage to another contract, or; • Reasonable indication that the Work will not be completed within the Contract Time, or; • Unsatisfactory execution of the Work by the Contractor. When the above grounds are removed, payment shall be made for amounts withheld because of them. The CONSULTANT may, on request, and at his discretion, furnish to any sub- contractor, if practicable, information regarding percentages of completion certified to the Contractor on account of Work done by such sub-contractor. The CONSULTANT shall be, in the first instance,the interpreter of the requirements of the Contract Documents and of the performance thereunder by both the TOWN and Contractor. The CONSULTANT shall recommend decisions on all claims from the TOWN or Contractor relating to the execution and progress of the work on all other matters or questions related thereto. CONSULTANT shall provide, as part of his Construction Administration Services, Special Inspections if the Construction Documents,laws, ordinances, etc., of any public authority require any work to be specifically tested or approved, or if the CONSULTANT deems such testing or approval necessary, he shall make inspections of the Work and materials after notice from the Contractor of its readiness for inspection. Inspection by the CONSULTANT shall be promptly made and where practicable at the source of supply. The CONSULTANT shall have the authority to reject work,which does not conform to the Contract Documents, and to require, if in his opinion necessary, special inspection or testing of any Work at any stage of progress. The CONSULTANT shall also notify the TOWN of the necessity to require the Contractor to stop the Work whenever,in his opinion, it may be necessary for the proper performance of the Contract. The TOWN, when necessary, shall issue the order to stop the Work. The CONSULTANT shall review and approve shop drawings, samples, and other submissions of the Contractor with reasonable promptness. The CONSULTANT 15 shall furnish any requested additional instructions in writing,by means of drawings, or otherwise, necessary for the proper execution of the Work. All such instructions or drawings shall be consistent with the Contract Documents,true developments thereof, and reasonably inferable therefrom. Consultant shall prepare a Color and Finish Board for the TOWN's review and approval. The CONSULTANT shall make minor changes in the Work not involving extra cost, delay, or claim of any kind against the TOWN and/or Contractor, and not inconsistent with the purposes of the Project. Otherwise, except in an emergency endangering life or property, the CONSULTANT shall prepare and process Change Orders at no extra cost except by WRITTEN approval and signed by the TOWN. The CONSULTANT shall prepare said Change Orders as well as any Request for Proposals to the Contractor. The CONSULTANT shall produce, and determine the date of issuance of the Certificate of Substantial Completion, and Final Completion, shall receive written guarantees,waiver of liens, and related documents assembled by the Contractor, and shall issue a final Certificate for Payment. B. SCOPE OF SERVICES TO BE PROVIDED BY THE TOWN OF ORO VALLEY The TOWN of Oro Valley shall provide the following items and services in support of the CONSULTANT'S work: 1. Any drawings and specifications that may exist for the site and adjacent facility; however,provision of these documents does not preclude the requirement that the CONSULTANT visit the project site to confirm the accuracy of the information provided. 2. Cost of materials testing and geotechnical reports based on Project requirements defined by the CONSULTANT. 3. A Project Manager from the TOWN of Oro Valley will be assigned to work with the CONSULTANT. 4. Any information regarding private utilities and services, or any other Project Specific information as required. This does not limit or negate the requirement of the CONSULTANT to verify the field conditions. 5. Assistance with establishment of CAD files and formats as defined in the attached CAD Standards. 6. Any building Materials and Finishes Standards desired by the TOWN. 7. Consultation with Risk Management Safety Officers and Hazardous Material Officers if required. 8. Boundary and Topographic survey of the project site. END OF APPENDIX A 16 Section III. Appendices and Attachments APPENDIX B CONSULTANT FEE SCHEDULE FOR THE ORO VALLEY PUBLIC LIBRARY BURNS AND WALD-HOPKINS ARCHITECTS, INC. A. PAYMENT TO THE CONSULTANT— General If the project is abandoned or is suspended for a period of more than 180 consecutive calendar days through no fault of the CONSULTANT, he shall be compensated based on the percentage of work completed to the date of written notice of abandonment or suspension. TOWN shall not pay CONSULTANT for anticipated profits should the project be abandoned. If the project is reinstated after a period of suspension greater than 180 consecutive calendar days, CONSULTANT's compensation may be adjusted by written addendum to the contract with mutual consent by both parties to provide for expenses incurred in the interruption and resumption of the CONSULTANT's services. No deductions shall be made in the CONSULTANT's compensation on account of penalty,liquidated damages, or other sums withheld from payment to contractors. Before payment by the TOWN of the CONSULTANT's final invoice, the CONSULTANT shall provide a certificate stating that all amounts due engineers and other consultants have been paid or equitably discharged. B. PAYMENT TO CONSULTANT FOR PROFESSIONAL SERVICES CONSULTANT's compensation for professional services shall be in the not to exceed amounts described below for each phase of the work. Progress payments to the CONSULTANT shall be made monthly proportionate to the amount of work satisfactorily completed. Schematic Design 15% $18,900 Design Development 20% $25,200 _ Construction Document 40% $50,400 Bidding Phase 5% $6,300 Construction Administration 20% $25,200 Total Professional Services 100% $126,000 17 The Following Additional Services are included in this contract: Programming&Site Study $19,740 Civil Engineering $41,514 Landscape Architecture $18,400 Interior Design $24,750 Acoustical&Lighting Consultants (estimated) $8,000 Total Additional Services $112,404 C. PAYMENTS TO THE CONSULTANT FOR ADDITIONAL SERVICES Additional services beyond those listed above may be authorized by the TOWN from time to time, and shall require specific written approval by the TOWN by written amendment to this contract. Compensation for Additional Services shall be based on one of the following methods: Lump sum, Hourly Not to Exceed, Percentage of Construction Cost, or other method mutually agreeable to both parties at the time additional services are requested. If"Hourly Not to Exceed"is used as a billing method then the CONSULTANT's following hourly billing rates shall apply: Title Hourly Rate Principal/Project Designer $95 Principal/Project Manager $95 Project Architect $75 Drafter $45 Consultant's Field Representative $At cost x 1.1 Clerical Staff $40 Other $0 "Principals" at initial Contract date are David L. Burns and David Wald-Hopkins. If additional Principals join CONSULTANT's firm over the period of the Contract, than their names may,by mutual Contract of the TOWN and CONSULTANT,be added as Principals to this Contract. If services of a sub-consultant to the CONSULTANT are requested, CONSULTANT shall be compensated for the sub-consultant's direct billing rate times a multiplier of 1.10. D. PAYMENTS TO THE CONSULTANT FOR REIMBURSABLE EXPENSES Payments for Reimbursable Expenses as listed herein shall be made on the same schedule as those made for professional services. CONSULTANT shall provide copies of invoices in support of Reimbursable Expenses. Compensation for Reimbursable Expenses shall be the actual amount of the expenses incurred,with no multiplier applied. 18 Additional Reimbursable Expenses,beyond the total amount described, may be authorized by the TOWN from time to time. Additional Reimbursable Expenses shall require specific written approval by the TOWN in advance by written amendment to this contract. Approved Reimbursable Expenses for travel costs are as limited by A.R.S. § 38-623 and 624. TOWN shall not pay for the cost of CONSULTANT's long distance telephone calls, postage,shipping,plotting and printing between the CONSULTANT and his subconsultants for the purposes of coordination of CONSULTANT's and subconsultant's work. TOWN shall pay CONSULTANT's Reimbursable Expenses for automobile travel made during the course of providing service to the Project beyond a 50 mile radius from the Oro Valley Library site,at the rate of 31.5 cents per mile. Approved Reimbursable Expenses are: long distance telephone,postage,shipping, public meetings,plotting/printing,travel/lodging. Total Reimbursable Expenses are estimated at cost. END APPENDIX"B" 19 APPENDIX C Oro Valley GIS/CAD Standards A. PURPOSE The TOWN requires most projects to be completed in an electronic form using GIS/CAD. The purpose of these standards is to define minimum standards required to create GIS/CAD drawings along AEC Industry standards for the TOWN's use in management and renovation over a building's anticipated life span. B. TOWN OF ORO VALLEY GIS/CAD SYSTEM CONFIGURATION 1. The TOWN uses the following system configuration: a. Intel Based CPU b. Windows ver. 95 c. ArcView 3.1 (up to AutoCAD rel. 14.01 C. GENERAL REQUIREMENTS 1. Unless waived by the TOWN, all construction contract drawings and specifications shall be created electronically. 2. At project closeout, unless previously waived, an electronic copy of the documents,including both drawings and specifications, shall be delivered to the TOWN's Project Manager on 3.5"disc, CD ROM or lomega 100MB ZIP or 1 GB JAZ media. D. LAYERING NAMING STANDARDS 1. In order to maintain consistent Layer Naming Standards, layer naming in long format, as recommended by the AIA Task Force on CAD Layer Guidelines, shall be adopted. Refer to CAD LAYER GUIDELINES,Recommended Designations for Architecture,Engineering, and Facilities Management Computer Aided Design, published by The American Institute of Architects, 1990. See Table-1 for examples. a-wall-prtl a-wall-demo e-powr-panl e-alarm c-pave-note TABLE— 1 20 E. PEN WEIGHTS AND COLORS 1. Pen weight settings used by the Town of Oro Valley are outlined in Table - 2 shown below. The last four pen numbers are percentages of grey scale. Pen Pen Color Pen Greyscal Number Weight e (mm) %-age 1 Red 0.25 100% 2 Green 0.32 100% 3 Yellow 0.50 100% 4 Cyan 0.70 100% 5 Blue 0.25 100% 6 Magenta 0.32 100% 7 White 0.50 100% 8 8 0.70 100% 9 9 0.25 100% 10 10 0.32 100% 11 11 0.50 100% 12 12 0.70 100% 13 13 0.25 70% 14 14 0.32 70% 15 15 0.50 60% 16 16 0.70 60% TABLE- 2 F. FONTS 1. Fonts used shall be standard CAD fonts or SHX files included on the Autodesk CD-ROM disk. CONSULTANTS may use custom, third party fonts such as "Chisel"and"AU"fonts,provided that all use or software fees are paid by the CONSULTANT, and that the CONSULTANT identify and provide those fonts for inclusion in the TOWN's font directory. G. RESPONSIBILITY OF THE PRIME CONSULTANT 1. The Prime CONSULTANT shall insure that all sub-consultants retained for the project are aware of the GIS/CAD requirements and standards contained herein, and that the electronic drawings prepared by the sub-consultants conform to these requirements and standards. END APPENDIX C 21 ATTACHMENT 1 MWBE UTILIZATION FORM Project Name: Town of Oro Valley Library Project #: Date: December 1, 1999 Proposer Name: Burns and Wald-Hopkins Architects, Inc. Firm Name Discipline Certified Estimated MWBE of Total Fee (Y/N) Burns and Wald-Hopkins Architects Architecture N 49.5 Turner Structural Engineering Structural Engineering N 8 Adams and Associates Mechanical Engineering N 8 R.A.Alcala&Associates Electrical Engineering Y 8 R S Engineering Civil Engineering Y 12 McGann&Associates Landscape Architecture N 5 Terracon Geotech N 1 Salter&Associates Acoustical N .05 Michaels and Associates Interior Design Y 8 END ATTACHMENT 1 22