MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
December 5, 2012
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
REGULAR SESSION AT OR AFTER 5:00 PM

CALL TO ORDER

Mayor Hiremath called the meeting to order at 5:00 p.m.

ROLL CALL

PRESENT:
Satish Hiremath, Mayor
Lou Waters, Vice Mayor
Brendan Burns, Councilmember
Bill Garner, Councilmember
Joe Hornat, Councilmember
Mary Snider, Councilmember
Mike Zinkin, Councilmember

PLEDGE OF ALLEGIANCE

Mayor Hiremath led the audience in the Pledge of Allegiance.

UPCOMING MEETING ANNOUNCEMENTS

Communications Administrator Misti Nowak announced the upcoming Town meetings and events.

COUNCIL REPORTS
    •  Spotlight on Youth

Councilmember Snider reported that the Spotlight on Youth update would be moved to the January 16th, 2013 agenda.

Councilmember Zinkin attended the 101st Arizona Town Hall on Civic Leadership event at Talking Stick Resort in Scottsdale Arizona. 

DEPARTMENT REPORTS

Town Clerk Julie Bower announced that there was new artwork on display in the Council Chambers from artist Ellen Fountain.

Economic Development Manager Amanda Jacobs announced the start of the holiday "Shop Oro Valley" campaign which would run from November 1st to January 2nd 2013 and encouraged residents to shop locally and submit receipts of $25 or more at the Town Hall Administration building for a chance to win weekly prizes.

Ms. Jacobs announced that the next Oro Valley Concert Series would be held Thursday, December 13th from 6:00 p.m. to 7:30 and would feature the band Coins of Catalina.

Thanks to the generous support of the Oro Valley Community Foundation and Oro Valley resident Bill Adler, the Saturday Concert Series would be funded for the next six months. 

ORDER OF BUSINESS

Mayor Hiremath stated that the agenda would stand as posted. 

CALL TO AUDIENCE

No comments were received.

PRESENTATIONS

1.

Presentation of Certificates to graduates of the Community Academy - Local Governance 101 class


Mayor Hiremath presented Certificates of Completion to the following graduates of the Community Academy - Local Governance 101 class.

Karen Abrams
Charlene Baker
John Bohl
Laura Dore
Mary Kay Durfee
Dawn Heinemann
Kelly Huber
Dan Huff
Dexter Kenfield
Marilyn Lane
Harold Linton
Lyn Mason
Stephen Roach
Jack Stinnett
Dean Strandskov
Richard Verlaque
William Vicens
Clifton Wickstrom

CONSENT AGENDA

Councilmember Zinkin requested that items (C), (E) and (F) be removed from the Consent Agenda for discussion.

Councilmember Garner requested that items (H) and (I) be removed from the Consent Agenda for discussion.

A.

Minutes - October 3 & October 17, 2012


10/3/12 Draft Minutes

10/17/12 Draft Minutes

B.

Fiscal Year 2012/2013 Financial Update Through September 2012


Attachment A General Fund

Attachment B Highway Fund

Attachment C Bed Tax Fund

Attachment D Vacancy Savings Report

Attachment E Consolidated Fund Summary

D.

Police Department Statistics - September 2012


OVPD Stats 09-2012

Priority Calls 07-2012

Priority Calls 08-2012

G.

Approval of 2013 Regular Town Council Meeting Schedule


Draft 2013 Meeting Schedule

J.

Resolution No. (R)12-64, Authorizing and approving a subgrantee agreement between the Town of Oro Valley and the Arizona Department of Homeland Security to fund the purchase of equipment under the Operation Stonegarden program


R12-64 AZDOHS Subgrantee Agmt - Equipment

Subgrantee Agreement

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Snider to Approve Consent Agenda items (A), (B), (D), (G) and (J) 

MOTION carried, 7-0.

C.

Fiscal Year 2012/2013 Financial Update Through October 2012


Attachment A - General Fund

Attachment B - Highway Fund

Attachment C - Bed Tax Fund

Attachment D - Vacancy Report

Attachment E - Consolidated Fund Summary

Councilmember Zinkin stated that the Bed Tax expenditures came in under budget by $74,752 and inquired as to where the approximately $30,000 additional savings was coming from.

Finance Director Stacey Lemos stated that new staff had been budgeted for at the mid-point of their pay grade to allow flexibility but that the new staff was hired below the mid-point of their respective pay grades which was where the additonal savings came from.

MOTION: A motion was made by Councilmember Zinkin and seconded by Vice Mayor Waters to Approve item (C).

MOTION carried, 7-0.

E.

Greater Oro Valley Chamber of Commerce Quarterly Report: July 1, 2012 - September 30, 2012


Chamber  FPA

Chamber First Quarter Report

Councilmember Zinkin asked what measurable outcomes could be expected for the remaining three quarters of the fiscal year.

Dave Perry, President and CEO of the Greater Oro Valley Chamber of Commerce, stated that a certain number of activities that were performed by the Chamber were difficult to measure such as when the Chamber helped to mediate a positive resolution with Desert Springs Retirement over permitting and other issues with the Town.

MOTION: A motion was made by Councilmember Zinkin and seconded by Vice Mayor Waters to Approve item (E).

MOTION carried, 7-0.

F.

Metropolitan Tucson Convention and Visitors Bureau Quarterly Report: July 1, 2012 - September 30, 2012


MTCVB FPA

MTCVB First Quarter Report

Councilmember Zinkin complemented the MTCVB for their great work and asked if they were prepared to continue to provide a positive return on investment for the remaining term of the contract.

Brent DeRaad, President and CEO of MTCVB, stated that the positive return on investment would continue in the future.

MOTION: A motion was made by Councilmember Zinkin and seconded by Vice Mayor Waters to Accept item (F).

MOTION carried, 7-0.

H.

(Re)appointments to various Boards and Commissions


Nathan Basken - CDRB

Ellen Guyer - HPC

Dean Strandskov - HPC

Mary Kay Durfee - PRAB

John Hickey - PRAB

John Buette - P & Z

Don Cox - P & Z

Bill Leedy - P & Z

Richard Honn - SWUC

Leo Leonhart - SWUC

Richard Reynolds - WUC

Michael Stankiewicz - SWUC

David Parker - SWUC

Jim Mikolaitis - SWUC

Richard Tracy - PSPRS

MOTION: A motion was made by Councilmember Garner and seconded by Councilmember Zinkin to Approve the various appointments and reappointments as outlined in Consent Agenda item (H) with the exception that the reappointment of Don Cox to the Planning and Zoning Commission be tabled until the next regularly scheduled meeting.

MOTION failed, 3-4 with Mayor Hiremath, Vice Mayor Waters, Councilmember Hornat, and Councilmember Snider opposed.

MOTION: A motion was made by Councilmember Garner and seconded by Councilmember Snider to Approve item (H).

MOTION carried, 4-3 with Councilmember Burns, Councilmember Garner, and Councilmember Zinkin opposed.

I.

Resolution No. (R)12-63, Authorizing and approving a subgrantee agreement between the Town of Oro Valley and the Arizona Department of Homeland Security to fund Overtime and Mileage under the Operation Stonegarden program


R12-63 AZDOHS Subgrantee Agmt - Overtime & Mileage

Subgrantee Agreement

Councilmember Garner asked if the agreement was cost neutral to the Town and if this was the same agreement that was approved by Council in February.

Police Chief Danny Sharp stated that the agreement was cost neutral to the Town and that it was the same agreement that was approved by Council in February.

MOTION: A motion was made by Councilmember Garner and seconded by Councilmember Snider to Approve item (I).

MOTION carried, 7-0.

REGULAR AGENDA

1.

DISCUSSION AND POSSIBLE ACTION - RESOLUTION NO. (R)12-65, AUTHORIZING AND APPROVING A PRE-ANNEXATION DEVELOPMENT AGREEMENT WITH TOHONO CHUL PARK, INC.


R12-65 Pre-Annexation Agmt - Tohono Chul Park

Pre-annexation Agreement

Mayor Hiremath stated that Tohono Chul Park had requested that Regular Agenda items (1), (2a) and (2b) be continued until a future date.

Michael Rossi, representative for Tohono Chul Park, said that there were still a few issues that needed to be worked out with the neighborhood which was why they had requested a continuance.

The following individual spoke in opposition to item #2.

Oro Valley resident Bill Adler


MOTION: A motion was made by Councilmember Hornat and seconded by Vice Mayor Waters to continue Regular Agenda items (1), (2a) and (2b).

MOTION carried, 7-0.

2.

TOHONO CHUL PARK PLANNED AREA DEVELOPMENT


a.

RESOLUTION NO. (R)12-58, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT KNOWN AS TOHONO CHUL PARK PLANNED AREA DEVELOPMENT, ATTACHED HERETO AS EXHIBIT "A"


R12-58 Tohono Chul Park PAD

R12-58 Exhibit A - Tohono Chul Park PAD

Item 2a was continued.

b.

PUBLIC HEARING: ORDINANCE NO. (O)12-19, APPROVING THE TOHONO CHUL PARK PLANNED AREA DEVELOPMENT, ATTACHED HERETO AS EXHIBIT "A" FOR 48.5 ACRES LOCATED ON THE NORTHEAST CORNER OF INA ROAD AND PASEO DEL NORTE


Attachment 1 - O12-19 Tohono Chul Park PAD

Attachment 2 - Exhibit "A"  PAD

Attachment 3 - Conditions of Approval

Attachment 4 - PAD Analysis

Attachment 5 - POS Standards

Attachment 6 - 9/18/12 PZC Staff Report

Attachment 7 - 10/2/12 PZC Staff Report

Attachment 8 - Draft 9/18/12 & 10/2/12 PZC Minutes

Item 2b was continued.

3.

PUBLIC HEARING: RESOLUTION NO. (R)12-66, AMENDING THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL, NEIGHBORHOOD COMMERCIAL / OFFICE, RESORT / GOLF COURSE TO LOW DENSITY RESIDENTIAL (1.3-2 DU/AC), MEDIUM DENSITY RESIDENTIAL (2.1 - 5 DU/AC), OPEN SPACE AND NEIGHBORHOOD COMMERCIAL /OFFICE (NC/O) AND AMEND THE SIGNIFICANT RESOURCE AREA AND SPECIAL AREA POLICIES AND TO AMEND THE URBAN SERVICES BOUNDARY FOR THE 110 ACRE PROPERTY KNOWN AS DESERT SPRINGS, LOCATED EAST OF THE INTERSECTION OF TANGERINE AND ORACLE ROADS


Attachment 1 - R12-66 Desert Springs GPA

Attachment 2 - Existing and Proposed Land Use Map

Attachment 3 - Special Area Policies and Figure

Attachment 4 - October 16th Planning and Zoning Commission Report

Attachment 5 - November 5th Planning and Zoning Commission Report

Attachment 6 - General Plan Amendment Criteria Analysis

Attachment 7 - Outside Agency Review Comments

Attachment 8 - Neighborhood Meeting Summaries

Attachment 9 - Interested Parties Comments

Attachment 10 - Oct.16 and Nov. 5 Draft planning and Zoning Commission Minutes

Planning Manager David Williams provided a synopsis of the General Plan amendment process.

Principal Planner Chad Daines gave an overview of item #3.

Keri Silvyn with Lazarus, Silvyn & Bangs, P.C. and representing the property owners, gave an overview of the proposed Major General Plan Amendment and outlined the following:

-Proposed amendment
-Relationship to existing General Plan policies
-Recap of the Amendment process
-Key issues
-Conclusion

Rob Longaker, representing the WLB Group, outlined the boundaries of the Desert Springs property.

Michael Cross, representing Westland Resources, Inc., addressed concerns regarding potential project impacts to wildlife movements.

Mayor Hiremath recessed the meeting at 8:19 p.m.

Mayor Hiremath reconvened the meeting at 8:31 p.m.

Mayor Hiremath opened the public hearing.

The following individuals spoke on item #3.

Carolyn Campbell, representing the Coalition for Sonoran Desert Protection

Bryan Martyn, Executive Director of Arizona State Parks

The following individuals spoke in opposition to item #3.

Oro Valley resident Carl Boswell

Steven Wind

Oro Valley resident Jan Adams

Oro Valley resident Alan Rosenfeld

Statement prepared by Oro Valley resident Pat Spoerl and read by John Scheuring

Oro Valley resident Bill Adler

Oro Valley resident Kathy Pastryk

Oro Valley resident Jack Stinnett

Oro Valley resident John Musolf

Oro Valley resident Teree Bergman

Christina McVie representing the Tucson Audobon Society

Oro Valley resident Janice Thomas

Peggy Bendel

Oro Valley resident John DeCoville

Jan Johnson

Oro Valley resident Hector Conde

Pamela Ludwig, President of the Friends of Catalina State Park

Michael Racy on behalf of the homeowners of Talante Estates

Oro Valley resident Donald Bristow

Oro Valley resident Maya Serve

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider continue item #3 to no date certain.

MOTION carried, 7-0.

4.

PUBLIC HEARING: RESOLUTION NO. (R)12-67, AMENDING THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL/OFFICE FOR 8.6 ACRES OF THE 26.7 ACRE PROPERTY AND DESIGNATING THE ENTIRE PROPERTY A GENERAL PLAN GROWTH AREA FOR THE MERCADO MANDARINA PROPERTY, LOCATED ON THE NORTHEAST CORNER OF TANGERINE ROAD AND LA CHOLLA BOULEVARD


Attachment 1 - R12-67 Mercado Mandarina

Attachment 2 - Application & Exhibits, including applicant’s response to amendment criteria

Attachment 3 - General Plan Future Land Use Map

Attachment 4 - 10/16/12 PZC Staff Report

Attachment 5 - 11/5/12 PZC Staff Report

Attachment 6 - 9/26/12 Neighborhood Meeting Summary

Attachment 7 - Emails received prior to 10/16/12 PZC hearing

Attachment 8 - Emails received prior to 11/5/12 PZC hearing

Attachment 9 - Growth Area designation request

Attachment 10 - ESL Map

Attachment 11 - Zoning Code Table 27.10-2 & 3

Attachment 12 - 10/16/12 & 11/5/12 DRAFT PZC Minutes

Senior Planner Matt Michels gave an overview of item #4.

Paul Oland, Project Manager for the WLB Group and representing the Mercado Mandarina property owners, provided an overview of the proposed General Plan Amendment.

Mayor Hiremath opened the public hearing.

The following individual spoke on item #4.

Oro Valley resident Bill Adler

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Garner to Approve Resolution No. (R)12-67, a Major General Plan Amendment from Low Density Residential (1.3-2.0 du/ac) to Neighborhood Commercial/Office (NCO) for 8.6 acres and the designation as Growth Area for the property, except the northern 200 feet, of the Mercado Mandarina property as shown in Exhibits "A" and "B", finding that:

-The General Plan Amendment criteria have been met
-The Tangerine and La Cholla corridors are regionally-significant transportation corridors that are both identified for future expansion in the Regional Transportation Plan
-The property fronting on Tangerine Road is particularly suitable for planned multi-modal transportation and infrastructure expansion and improvements to support a planned concentration of a variety of commercial and office uses
-The proposed Growth Area configuration provides a transition to less intense uses moving away from Tangerine Road
-There are no commercial services in close proximity to the subject property and the project would provide services to nearby neighborhoods
-The negative impacts of the proposal can be substantially mitigated through sensitive design and buffering

MOTION carried, 7-0.

Mayor Hiremath recessed the meeting at 11:00 p.m.

Mayor Hiremath reconvened the meeting at 11:08 p.m.

5.

PUBLIC HEARING: RESOLUTION NO. (R)12-68, AMENDING THE GENERAL PLAN TO ADD A NEW ENERGY ELEMENT AND ASSOCIATED UPDATES TO THE STRATEGIC IMPLEMENTATION PLAN


Attachment I - R12-68 General Plan Energy Element

Attachment II.a - 10-16-12 Planning & Zoning Commission Minutes

Attachment II.b - 10-16-12 Planning & Zoning Commission Staff Report

Attachment II.c - 11-5-12 Planning & Zoning Commission Draft Minutes

Attachment II.d - 11-5-12 Planning & Zoning Commission Staff Report

Attachment III -  Energy Policy Committee

Attachment IV - Community Outreach

Attachment V.a - Business Owner Letter

Attachment V.b - SAHBA Comments

Attachment VI - General Plan Review Criteria & Conformance

Conservation and Sustainability Manager Bayer Vella gave an overview of item #5.

Mayor Hiremath opened the public hearing.

The following individual spoke in support of item #5.

Oro Valley resident Bill Adler

The following individual spoke in opposition to item #5.

Oro Valley resident Shirl Lamonna

The following individual spoke on item #5.

Oro Valley resident David Godlewski representing the Southern Arizona Home Builders Association

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Councilmember Hornat and seconded by Vice Mayor Waters deny Resolution No. (R)12-68, amending the General Plan to add a new energy element and associated updates to the Strategic Implementation Plan.

MOTION failed, 2-5 with Mayor Hiremath, Vice Mayor Waters, Councilmember Burns, Councilmember Snider, and Councilmember Zinkin opposed.

MOTION: A motion was made by Councilmember Zinkin and seconded by Mayor Hiremath to Approve Resolution No. (R)12-68, amending the General Plan to add a new energy element and associated updates to the Strategic Implementation Plan and instruct staff to replace the word "shall" with "should". 

MOTION failed, 4-3 with Vice Mayor Waters, Councilmember Garner, and Councilmember Hornat opposed.

6.

*RESOLUTION NO. (R)12-69, AUTHORIZING THE EXECUTION OF THE UNDERGROUNDING AGREEMENT BETWEEN THE TOWN AND TUCSON ELECTRIC POWER COMPANY (TEP) FOR PAYMENT FOR INSTALLATION OF UNDERGROUND ELECTRIC FACILITIES ALONG ORACLE ROAD AND TANGERINE ROAD AND AUTHORIZING THE USE OF GENERAL FUND CONTINGENCY RESERVES FOR THIS PURPOSE (Item added on 12/3/12)


Attachment 1 - (R)12-69 Undergrounding Agreement w/ TEP

Attachment 2 - Project Map

Attachment 3 - Memorandum of Understanding

Attachment 4 - OVZCR Section 25.1

Attachment 5 - Frequently Asked Questions

Attachment 6 - Previous Council Communications

Interim Town Attorney Tobin Sidles gave an overview of item #6.

Joe Salkowski, Manager of Government Relations for Tucson Electric Power (TEP), outlined the proposed electric facility projects along Oracle Road and Tangerine Road.

Cynthia Garcia, representing Design and Construction Services for TEP, stated that the 138K volt lines and poles would remain in place as is and separate lines and poles would be added if the underground option was not chosen.

Mayor Hiremath opened the public hearing.

The following individual spoke on item #6.

Oro Valley resident Gil Alexander

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Garner continue item #6.

MOTION carried, 7-0.

7.

*DISCUSSION AND POSSIBLE ACTION REGARDING A MAY 21, 2013 SPECIAL ELECTION TO SEEK VOTER APPROVAL OF A FRANCHISE AGREEMENT WITH TUCSON ELECTRIC POWER (Item added on 12/3/12)


Mayor Hiremath opened the public hearing.

No comments were received.

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Councilmember Garner and seconded by Councilmember Hornat continue item #7.

MOTION carried, 7-0.

FUTURE AGENDA ITEMS

Councilmember Zinkin requested a future agenda item to discuss the establishment of a renter's tax and to send such questions to the voters on May 21, 2013, seconded by Councilmember Garner.

Councilmember Snider requested a future agenda item to amend the Environmentally Sensitive Lands Ordinance to address inconsistencies in applicability, seconded by Councilmember Burns.

CALL TO AUDIENCE

No comments were received.

ADJOURNMENT

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Hornat to Adjourn the meeting at 1:09 a.m.

MOTION carried, 7-0.