MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
September 3, 2008
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
REGULAR SESSION AT OR AFTER 7:00 PM

CALL TO ORDER - 7:00 p.m.

ROLL CALL

PRESENT:
Paul Loomis, Mayor
Paula Abbott, Council Member
K.C. Carter, Council Member
Bill Garner, Council Member
Barry Gillaspie, Council Member
Salette Latas, Council Member

EXCUSED: Al Kunisch, Vice Mayor

PLEDGE OF ALLEGIANCE

Mayor Loomis led the audience in the Pledge of Allegiance.

UPCOMING MEETING ANNOUNCEMENTS

Town Manager David Andrews reviewed the upcoming meetings and events.

COUNCIL REPORTS

Council Member Latas reported that the National Guard’s 161st medical group is being deployed to Germany and that they have requested donations of items such as wheel chairs, toiletries and DVDs to take to the troops.  She stated that the list would be posted on the Town’s website and collection boxes would be placed in the Town Hall Administration lobby. 

DEPARTMENT REPORTS

Planning and Zoning Administrator Sarah More reviewed the times for the Planning & Zoning Commission's special session on September 5th stating that the first public hearing would begin at 6:00 p.m. and the second one at 7:30 p.m.

Town Engineer Craig Civalier reported that the traffic signal at La Cholla Boulevard and Glover Road has been installed and is now operational.

Communications Administrator Mary Davis reported that a story highlighting the Town’s bio-tech hub was in the Arizona Republic on Sunday, August 31st.  She also reported that there would be a call for nominations for Volunteers of the Year award in this month’s Vista.  She stated that the Town would be accepting nominations until November 1st. 

Chief of Police Danny Sharp reported that all equipment has been received for the Town’s bicycle patrol that will be utilized in the Town’s linear parks, shopping center and around the hospital.  He stated that the funds used to purchase the new equipment and uniforms came from racketeering funds.

TOWN MANAGER’S REPORT - No report. 

ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING

CALL TO AUDIENCE

Geri Ottobani, Oro Valley resident, expressed concerns regarding the Town's future water supply.

Pat Kinsman, Oro Valley resident, spoke regarding the proposed Arroyo Grande annexation and stated that she was disappointed that Proposition 103 failed.  She questioned why the Council was looking at doubling the size of the town and the number of residents. 

Phil Gibbs, Oro Valley resident, expressed concerns regarding the proposed Arroyo Grande annexation and the fact that this annexation could double Oro Valley’s population and cause a significant increase in traffic. He also questioned who would be paying for the infrastructure of the approximately 16,000 homes, commercial development and schools.

Barry DiSimone, non-Oro Valley resident, referenced the Town’s initiative process, the number of signatures needed to submit an initiative and the timing of submission and asked that the Council consider a change to the Town Code. 

Presentation by Vestar’s Senior Project Manager, David C. Malin regarding Tenants for the Oro Valley Marketplace

David Malin, Vestar, Senior Project Manager for Oro Valley Marketplace, presented an update of tenants that have signed leases for the Marketplace as follows:
Alltel Wireless, Best Buy, Bikes Direct, Chase Bank, Century Theaters, Coldstone Creamery, Cost Plus World Market, Danny’s Gourmet Market, Darcy MCGee's, Dick’s Sporting Goods, Designer Shoe Warehouse, Famous Footwear, Game Stop, GNC, Marcusi Nail Spa, Olive Garden, Pacific Dental, Petco, Red Lobster, Sport Clips, Styles for Less, The Keg Steakhouse, Tilly’s, Ulta Cosmetics, Verizon Wireless and Wal-Mart Supercenter.  He stated that they are currently negotiating leases and letters of intent with other possible tenants and will release those names when finalized.  Mr. Malin also reported that they expect the majority of the tenants to open in late October.

1.

CONSENT AGENDA


At the request of Council, Mayor Loomis pulled Items F and I for discussion.

MOTION: A motion was made by Council Member Carter and seconded by Council Member Garner to approve the Consent Agenda with the exception of Items F and I.

MOTION carried, 6-0.

A.

Minutes - July 30, 2008 Study Session; August 01 & 02, 2008 Retreat; August 6, 2008 Regular Session


B.

Building Safety Activity Report - July 2008


C.

Police Report - July 2008


D.

Public Safety Fire and Emergency Medical Service Providers Quarterly Report


E.

Tucson Regional Economic Opportunities, Inc. Quarterly Report: April 1, 2008 - June 30, 2008


F.

Resolution No. (R)08 - 64 Approving an Intergovernmental Agreement between the Regional Transportation Authority (RTA) of Pima County and the Town of Oro Valley to utilize (RTA) funds for Uninterrupted Power Supply (UPS) at various locations within the Town of Oro Valley and Traffic Signal Synchronization Software in the amount of $63,000.00 (PULLED FOR DISCUSSION)


MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to adopt Resolution (R)08-64.

MOTION carried, 6-0.

G.

Resolution No. (R)08 - 65 Approving an Intergovernmental Agreement between the Regional Transportation Authority (RTA) of Pima County and the Town of Oro Valley to utilize RTA funds in the amount of $523,000 for design and construction of the La Cholla Boulevard Bicycle Improvements from Tangerine Road to Lambert Lane and the La Cholla Boulevard Pedestrian Improvements from Glover Road to Naranja Drive


H.

Resolution No. (R) 08 - 66 Adopting the Town of Oro Valley Historic Preservation Commission Rules and the Town of Oro Valley Historic Preservation Commission Meeting Guidelines


I.

Resolution No. (R)08 - 67 Adopting the Town of Oro Valley Art Review Commission Rules and Operating Procedures (PULLED FOR DISCUSSION)


Mayor Loomis opened the floor for public comment.

Matt Moutafis, Oro Valley resident, commented that the structure of this commission was important for its future success.  He stated that the Greater Oro Valley Arts Council (GOVAC) has an important role but he felt that because of its relationships with artists, it may be a conflict of interest if they had a vote.  He stated that GOVAC's contribution could be made without having an actual vote on the commission. 

MOTION: A motion was made by Council Member Abbott and seconded by Council Member Latas to approve Resolution (R)08-67, Rules and Operating Procedures for the Art Review Commission with the following changes: Page 9, Section 4 a.iii -Change "current address" to "residence" and Page 1, Section 1.1A - Add: .....shall be residents of the Town "for one year" and shall remain residents of the Town throughout their period of service on the Commission. 

MOTION carried, 6-0.

J.

Appointment of Leo Leonhart to the Stormwater Utility Commission Board with term effective September 3, 2008 through June 30, 2010


K.

OV12-06-09A Approval of a development plan time extension for Chops Steakhouse, located on lot 3 of Mercado Del Rio for a period of one year to expire on September 3, 2009


L.

Approval of 2009 Town Council meeting schedule


2.

PINAL COUNTY UPDATE PRESENTATION ON THEIR COMPREHENSIVE PLAN ON THE COOPERATIVE LAND USE PLANNING INVOLVING PINAL COUNTY RESIDENTS AND NEIGHBORING JURISDICTIONS


Assistant Pinal County Manager Ken Buchanan commented that the elements of Pinal County’s Comprehensive Plan included present and future growth, energy, regional and local transportation systems, open space and sustainable economic development.

Jerry Stabley, Planning and Zoning Director for Pima County, reviewed the Pinal County Comprehensive Plan process and highlighted the following:
~  Currently 5 million people with projections of 10 million people by 2040.
~  Sense of Community.
~  Open spaces and places.
~  Economic development sustainability.
~  Quality educational opportunities.
~  Healthy, happy residents.
~  Mobility/Multimodal circulation and transit opportunities.
~  Environmental stewardship.
~  Planning for build out.

Discussion followed regarding Arroyo Grande, the impact from Oracle Junction towards Mammoth, job creation and services in high growth areas, wildlife corridors and trail corridors, the Land Use Plan as it relates to currently approved zoning and development, water issues, and the full service community service concept and how it relates to their General Plan policy and its relationship to planned housing and traffic.

3.

CONSIDERATION AND POSSIBLE DIRECTION TO THE TOWN MANAGER TO SUBMIT A LETTER OF INTEREST TO THE TUCSON MUSEUM OF ART FOR RELOCATION OF THE TUCSON MUSEUM OF ART TO ORO VALLEY


Tory Schlievart, Management Assistant, reported that the Tucson Museum of Art contacted the Town to see if there were any areas in the Town that would be potential sites for a museum.   She explained that five potential sites have been identified by the Town. 

Robert Knight, Executive Director of the Tucson Museum of Art, presented a background of the Tucson Museum of Art.  He stated that the museum was founded in 1924 and it is fully accredited by the American Association of Museums.  He further commented that they are looking to expand to northern Pima County to provide better access to residents.  Mr. Knight highlighted the following:
~ Current membership of 3,000
~ Fine art, Tucson architecture with five historic properties
~ Community rentals, assets and programs:
  - Hospital programs for terminally ill children and their families
  - 13,000 volume visual arts research library
  - Summer art camp for kids
  - Cafe
  - Educational institution
  - Museum School for the Visual Arts (High School for talented at-risk youth)
  - Earth Sculpture Park

Richard "Andy" Anderson, Immediate Past President of the Board of Trustees and Chairman of the Building and Grounds Committee for the Tucson Museum of Art, commented that they have outgrown their campus and parking has become a problem.  He stated that by relocating the Art Museum into Oro Valley, it would help provide better access to constituents.  Mr. Anderson stated that they would need dedicated support from local citizenry and elected officials.  He also stated that they would need a minimum of five acres of land (Earth Sculpture Park would require 25 additional acres).  He stated that they hope to have a public/private partnership to help build and operate the museum facilities.
Mr. Anderson commented that if the museum were relocated to Oro Valley, the name would be changed to have a more regional context.

MOTION: A motion was made by Council Member Latas and seconded by Council Member Carter to direct the Town Manager to submit a formal letter of interest to the Tucson Museum of Art on behalf of the Town of Oro Valley and include an invitation to attend site tours of the five potential sites and to also identify the Naranja Town Site as the site that is under public ownership. 

MOTION carried, 6-0.

Mayor Loomis recessed the meeting at 8:30 p.m.  The meeting resumed at 8:40 p.m.

4.

ANNEXATION PUBLIC HEARING - REQUEST FOR ANNEXATION OF APPROXIMATELY 10 ACRES OF UNINCORPORATED TERRITORY LOCATED SOUTH OF STONE CANYON AND NORTH OF LA CHOLLA AIRPARK KNOWN AS ANNEXATION AREA O


Scott Nelson, Special Projects Coordinator, reported that on July 2, 2008, the Town Council initiated the annexation process for Area "O".   He stated that the annexation is in compliance with the Town’s General Plan and annexation policies.  He also reported that all neighboring property owners were notified of the annexation.   (No action required at this time.)

Mayor Loomis opened the public hearing.  There being no speakers, the public hearing was closed.

5.

ANNEXATION PUBLIC HEARING - REQUEST FOR ANNEXATION OF APPROXIMATELY 10 ACRES OF UNINCORPORATED TERRITORY LOCATED SOUTH OF STONE CANYON AND NORTH OF LA CHOLLA AIRPARK KNOWN AS ANNEXATION AREA P


Scott Nelson, Special Projects Coordinator, reported that on July 2, 2008, the Town Council initiated the annexation process for Area "P ".   He stated that the annexation is in compliance with the Town’s General Plan and annexation policies.  He also reported that all neighboring property owners were notified of the annexation.  Mr. Nelson also noted that this proposed annexation is part of the Stone Canyon 9 General Plan amendment.  (No action required at this time.) 

Mayor Loomis opened the public hearing.  There being no speakers, the public hearing was closed.

6.

PUBLIC HEARING - ORDINANCE NO. (O)08 - 12 ESTABLISHING DEVELOPMENT IMPACT FEES IN THE AREAS OF PARKS AND RECREATION, LIBRARY, POLICE, GENERAL GOVERNMENT AND TRANSPORTATION, AMENDING THE ORO VALLEY TOWN CODE CHAPTER 13, DEVELOPMENT FEES BY REPEALING ARTICLE 13-4 AND ADDING ARTICLE 13-5, DEVELOPMENT FEES ASSESSED


Tory Schlievert, Management Assistant, reported that on May 7, 2008, the Council approved Resolution (R)08-32 providing Notice of Intent to establish development impact fees for parks and recreation, library, police, general government and transportation fees as recommended by TischlerBise Inc.  She reported that if adopted, the development impact fees would become effective December 2, 2008.  Ms. Schlievert then reviewed the maximum supportable development fees as follows:
~  Single family homes - Total $6,203
~  Multi-family homes -  Total $3,871
~  Commercial is calculated per 1,000 square feet of floor area

In response to questions from Mayor Loomis, Town Attorney Tobin Rosen stated that the Council could vote on the impact fees on an individual basis.  He explained that the Council could impose a lesser fee than was indicated in the Notice of Intent but nothing higher.  He also noted that these fees could be reconsidered at any time if the Council was relying on the same infrastructure improvement plan as prepared by the consultant.

Ms. Schlievert confirmed that there were currently no impact fees imposed on commercial development.

Mayor Loomis opened the public hearing.

Kathy Pastryk, Oro Valley resident, expressed support for establishing the proposed impact fees.  She commented that studies show that growth does not pay for itself and it was necessary to pass on costs to the developers.

The following individuals spoke in opposition to the proposed impact fees citing such reasons as developers install parks and roads, everyone should pay equally for libraries, high impact fees will drive builders away from Oro Valley, higher impact fees impact residents, and a study presented in June shows that development pays its own way and generates a surplus:

David Godlewski, non-Oro Valley resident and representing the Southern Arizona Homebuilders Association (SAHBA)
Trace Paulette, Oro Valley resident and representing Pulte Homes
Paul Parisi, Oro Valley resident and representing the Tucson Metro Chamber of Commerce
Steve Solomon, Oro Valley resident and developer

Mayor Loomis closed the public hearing.

MOTION: A motion was made by Council Member Abbott and seconded by Council Member Gillaspie to adopt Ordinance (O)08-12 establishing Development Impact Fees in the areas of Parks and Recreation, Library, Police, General Government and Transportation, amending the Oro Valley Town Code Chapter 13, Development Fees by repealing Article 13-4 and adding Article 13-5, Development Fees Assessed.

Mayor Loomis stated that he would vote against this motion as he felt that all five elements did not warrant impact fees and he was not happy with the numbers associated with transportation.  He also noted that the Town may be doing something with the library and the fee would not be applicable.  Mayor Loomis also stated that now is not the time to add additional charges due to the economy.

Further discussion followed regarding:
 ~ Consultant was hired and an exhaustive study was done.
 ~ Town can not afford to absorb cost of new growth.  Development must pay for itself.
 ~ Commercial development has provided off-site development which is significantly higher in cost than the impact fees would have been. 
 ~ Proposed ordinance does not prohibit negotiating credits. 
~  If this is not good time, maybe the Town should look at repealing building fees, etc. that impact the developers.
~   The Town is in the growth corridor and there is a projected population growth of 15 million people over the next 10-15 years.
~  Costs must be born by someone.  The Town must continue to be prudent and cut costs.
~  The impact fee is not a tax.  The fees are not here to generate revenue but are designed to pay for future growth.
~  Marana has seen an unexpected spike in growth this last quarter and they currently have the highest impact fees in the area. 
~  We are facing rate shock and we are now doing due diligence.  
~  Roadway impact fees are looked at every 3 years and have been increased.  Water impact fees have also been raised but Alternative Water Impact fees have not.

MOTION carried, 5-1 with Mayor Loomis opposed.

7.

PUBLIC HEARING - ORDINANCE NO. (O) 08 - 14 AMENDING CHAPTER 15, SECTION 15-17-4 OF THE TOWN OF ORO VALLEY TOWN CODE, INCREASING THE ALTERNATIVE WATER RESOURCES DEVELOPMENT IMPACT FEES


Water Utility Director Philip Saletta reviewed a PowerPoint presentation regarding increasing the Alternative Water Resources Development Impact Fees (AWRDIF).  He noted that the AWRDIF is for the development of renewable water supplies including reclaimed water and Central Arizona Project (CAP) water.  He explained that the fees are based on meter size and then reviewed the schedule for implementation of the impact fees.  He also explained that a variance may be requested if a meter size was required to be increased for fire sprinkler systems.  Mr. Saletta stated that if the Ordinance is adopted, it would become effective on December 2, 2008.

Mayor Loomis opened the public hearing.

The following individuals spoke in opposition to increasing the Alternative Water Resources Development Impact Fees citing such reasons as making sure that the business community is not stifled, study and coordination with businesses, the development community and the Town has occurred and agreements had been made, phasing of fees over a five year period had been discussed, the impact on economic growth in the community, and the increase effects everyone in the entire region:

Ramon Ganderese, non-Oro Valley resident and representing the Northern Pima County Chamber of Commerce
Trace Paulette, Oro Valley resident and representing Pulte Homes
Steve Solomon, Oro Valley resident and developer
Michael Guymon, Oro Valley resident and representing Metropolitan Pima Alliance

Mayor Loomis closed the public hearing.

In response to a request from Council Member Gillaspie, Mr. Saletta clarified that the purpose of the AWRD Impact Fee is for the development of renewable water which includes reclaimed water and CAP water.  He explained that the renewable water supply was balanced between existing customers and future customers.  The portion for existing customers is paid for through the Groundwater Preservation Fee and the portion of the renewable supply is allocated to new development through the AWRD Impact fees.

MOTION: A motion was made by Council Member Abbott and seconded by Council Member Carter to approve Ordinance (O)08-14 increasing the Alternative Water Resources Development Impact Fees and to exempt Amphitheater School District from these fees.

Discussion followed regarding:
~  The Town should not tax other government entities. (i.e. schools).
~  Town can not earmark funds but this would be simply exempting a public entity.
~  Projects cost a specific amount of money.  If the Town decreases revenues as a result of exemption, the revenues would have to be collected from other sources such as the Groundwater Preservation Fee.
~ Fee is important for the development community because without CAP water, the Town would have shut down any future growth.

MOTION carried, 5-1 with Mayor Loomis opposed.

Mayor Loomis recessed the meeting at 9:50 p.m.  The meeting resumed at 10:58 p.m.

8.

PUBLIC HEARING - ORDINANCE NO. (O)08 - 15 AMENDING THE ORO VALLEY TOWN CODE, CHAPTER 15, ARTICLE 24, ADDING SECTION 14, STORMWATER MANAGEMENT AND DISCHARGE CONTROL


Dave Parker, Stormwater Utility Division, reported that the Stormwater Management Plan was approved in May 2006.  He reviewed the proposed additions to Chapter 15, Section 24 and explained that the current ordinance focuses on the establishment and administration of the Stormwater Utility.  He stated that the additions have been coordinated with public and private organizations, Town staff and the Stormwater Utility Commission (SWUC).

Mr. Parker then reviewed the proposed additions in 5 major areas:
~ Prohibit non-storm water discharges into storm system.
~ Erosion and sediment control at construction sites.
~ Manage post-construction runoff from developments.
~ Monitoring.
~ Enforcement.

Discussion followed regarding:
~  Pima Association of Governments (PAG) is working on reducing the use of plastic bags and will be presenting a resolution and initiatives to limit use.
~  Public outreach and plans to notify Homeowner’s Associations and citizens.
~  Chlorinated water - State requirements are being followed.
~  Fines - Up to $2,500 civil and criminal penalties are provided.
~  Containment methods and hazard waste disposal.

Mayor Loomis opened the public hearing.  There being no speakers, the public hearing was closed.

MOTION: A motion was made by Council Member Carter and seconded by Council Member Garner to adopt Ordinance (O)08-16, amending the Town Code, Chapter 15, Article 24, adding Section 14, Stormwater Management and Discharge Control.

MOTION carried, 6-0.

9.

PUBLIC HEARING - ORDINANCE NO. (O)08 - 16 AMENDING ARTICLE 6-10, "HISTORIC PRESERVATION CODE", BY AMENDING SECTION 6-10-3 (DEFINITION OF DIRECTOR), SECTION 6-10-5 (A)(1) AND (B)(1), SECTION 6-10-6(A), SECTION 6-10-7(B)(3) SECTION 6-10- 8(D)(1) AND (G)(4) AND REPEALING SECTION 6-10-5(B)(4) OF THE ORO VALLEY TOWN CODE


Planning and Zoning Director Sarah More stated that adoption of this Ordinance would establish the following:
 1) The Town Historian would no longer be an official member of the Historic Preservation Commission (HPC).
  2) No more than three members’ terms shall expire in any given year.
  3) Clarifies pre-application consultations.
  4) The Council will hold a public hearing to consider recommendations from the HPC and the Planning and Zoning Director regarding the formation of a historic district.

Mayor Loomis opened the public hearing.  There being no speakers, the public hearing was closed.

MOTION: A motion was made by Council Member Latas and seconded by Council Member Gillaspie to approve Ordinance (O)08-16, amending Article 6-10, Historic Preservation Code by amending Section 6-10-3, Section 6-10-5(A)(1) and (B)(1), Section 6-10-6(A), Section 6-10-7(B)(3), Section 6-10-8(D)(1) and (G)(4) and repealing Section 6-10-5(B)(4) of the Oro Valley Town Code.

MOTION carried, 6-0.

10.

PUBLIC HEARING - ORDINANCE (O)08 - 17 AMENDING ARTICLE 3-6, ADVISORY BOARDS OF THE ORO VALLEY TOWN CODE BY ADDING SECTION 3-6-9, ART REVIEW COMMISSION


Planning and Zoning Director Sarah More stated that the proposed Code amendment would change the Public Art Review Committee (PARC) to the Art Review Commission (ARC) to help clarify who owns the art and what its purpose is.  She stated that these amendments would change the membership from 5 members to 7 and would bring the commission in line with the Town’s appointment and recruitment process.

Mayor Loomis opened the public hearing.  There being no speakers, the public hearing ws closed.

MOTION: A motion was made by Council Member Carter and seconded by Council Member Abbott to adopt Ordinance (O)08-17, amending Article 3-6, Advisory Boards of the Oro Valley Town Code by adding Section 3-6-9, Art Review Commission.

MOTION carried, 6-0.

11.

PUBLIC HEARING - ORDINANCE NO. (O)08 - 18 AMENDING THE ORO VALLEY TOWN CODE, SECTION 2-4-1, REGULAR MEETINGS


Mayor Loomis opened the public hearing.  There being no speakers, the public hearing was closed.

MOTION: A motion was made by Council Member Abbott and seconded by Council Member Carter to adopt Ordinance (O)08-18 and follow through with this policy for a trial period of six months.

Council Member Gillaspie stated that he felt it was best to start the regular sessions at 7:00 p.m. for the convenience of the citizens, working families and children in school functions. 

Mayor Loomis stated that he would oppose the motion as he felt that the 7:00 p.m. start time has been shown to work best. 

MOTION carried, 4-2 with Mayor Loomis and Council Member Gillaspie opposed.

MOTION: A motion was made by Council Member Carter and seconded by Mayor Loomis to not furnish food for the first six months for the 6:00 p.m. meetings.

MOTION carried, 4-2 with Council Member Gillaspie and Council Member Latas opposed.

Council Member Latas and Council Member Gillaspie opposed the motion due to the fact that staff and Council may have a hard time getting dinner before the 6:00 p.m. meetings.

12.

OV12-06-25 (MASTER DEVELOPMENT PLAN) & OV12-06-25B (PRELIMINARY PLAT/DEVELOPMENT PLAN) REQUEST FOR APPROVAL FOR A MASTER DEVELOPMENT PLAN, PRELIMINARY PLAT/DEVELOPMENT PLAN FOR ORACLE VISTA CENTRE Explanation: The property is located on the northwest corner of Oracle Road and Linda Vista Boulevard and will consist of a commercial development with retail and restaurant uses. The zoning is C-N, Neighborhood Commercial, which permits the proposed uses.


Walter Hoge, Rio Linda Vista LLC, applicant, reviewed overhead pictures depicting the proposed Oracle Vista Centre.  He explained that this property is zoned Commercial Neighborhood (C-N).  Mr. Hoge noted that this project is being proposed as a phased plan to coincide with market demand and that they have worked with neighbors, the Homeowners Association and Golder Ranch Fire District in a collaborative process.

Karen Caesar, Novak Environmental, reviewed the landscape plan and explained that the site has opportunities for water harvesting.

Discussion followed regarding the proposed phasing plan, the site will not be mass graded, ingress and egress would be provided regardless of the phasing and a request that bufferyards would coincide with the phased plan.

Planning and Zoning Director Sarah More reviewed the Council Communication and stated that Landscape Plan has been approved by the Development Review Board (DRB).  She commented that the phasing plan would be brought back to the Council for their approval.  She also clarified that the applicant is not asking for a waiver for the bufferyards but consideration of timing which can be worked out in the phasing plan.  Ms. More stated that this project is in compliance with the Zoning Code requirements for the site and staff recommends approval.

Mayor Loomis recessed the meeting at 11:16 p.m. to allow the applicant time to review the revised conditions.  The meeting resumed at 11:22 p.m.

Mayor Loomis opened the floor for public comment.

Jeriann Loftus, Oro Valley resident and representing Villa Balboa subdivision, stated that they are very interested in working with the developer in accepting off-site mitigation of trees.  She also thanked the developer for working with the community.

In response to questions from Council Member Abbott and Council Member Gillaspie, Ms. More explained that the Master Development Plan (MDP) assures that the overall site works with the proposed parcel for the fire station and the actual development plan will not change.  She also explained that the MDP must be approved before the fire station could be built.

MOTION: A motion was made by Council Member Carter to continue this item until the phasing is approved. Motion failed due to lack of second.

MOTION: A motion was made by and seconded by to

MOTION carried, 4-2 with Council Member Abbott and Council Member Carter opposed.

Council Member Abbott stated that she was opposed to this request as she was not sure that it met the Neighborhood Commercial designation and the project seems very dense.  Council Member Carter was opposed due to concerns about the phasing and possible future problems that may come forward.

13.

OV12-06-24A REQUEST FOR APPROVAL OF A PRELIMINARY PLAT FOR ESTATES AT LAMBERT LANE Explanation: The property is zoned R1-144 and is located north of West Lambert Lane between Shannon Road and La Cholla Boulevard. The project would create two lots from an existing 6.67 acre parcel to be accessed by a private road


Paul Nzomo, Oro Valley resident, Coronado Engineering representing the applicants, stated that this project is approximately 6.67 acres in size.  He stated that they are proposing splitting the property into two 3.3 acre lots.  He explained that they will not encroach into the riparian area that is located on one the lots.  Mr. Nzomo further noted that these will be custom graded lots and that all conditions in Exhibit "A" have been taken care of except for 2 items.

Planning and Zoning Director Sarah More stated that this lot split meets Code requirements and staff recommends approval.

MOTION: A motion was made by and seconded by to

MOTION carried, 6-0.

14.

CONSIDERATION AND/OR POSSIBLE ACTION REGARDING TOWN COUNCIL LIAISON ASSIGNMENTS TO BOARDS, COMMISSIONS AND OUTSIDE AGENCIES


MOTION: A motion was made by Mayor Loomis and seconded by Council Member Abbott to approve the following Council Liaison assignments effective September 3, 2008 to June 30, 2009:
Council Member Abbott: Amphitheater School District and Parks & Recreation
Council Member Carter: Planning & Zoning, Stormwater Utility and PAG alternate
Council Member Gillaspie: Board of Adjustment, Water Utility and Amphitheater School District alternate
Council Member Garner: Citizen's Corp Council alternate and Finance and Bond
Vice Member Kunisch: Development Review Board, Pima County Chamber, MTCVB and Art Review Commission
Council Member Latas: Legislative District 26 and Historic Preservation Commission
Mayor Looms: Citizen's Corp Council, PAG and RTA

MOTION carried, 6-0.

15.

FUTURE AGENDA ITEMS


Council Member Abbott - Discussion regarding the duties of the Chairs for all Boards and Commissions - (Study Session item)
Council Member Abbott - Requested that the Town Attorney discuss all options that the Council has regarding Arroyo Grande (October 22nd Study Session)
Council Member Abbott - Discussion and possible action regarding the Town’s Initiative process requirements and amending the Town Code (Council Member Latas seconded the request) (October 1st Council meeting)
Council Member Gillaspie - Discussion and possible action regarding directing staff to evaluate and potentially develop a Code amendment for C-N district (Council Member Carter seconded the request) (October 15th Council meeting)
Council Member Abbott - Update from Planning and Zoning Director regarding staffing and how the Town will meet the challenges of Arroyo Grande (include in October 22nd Study Session regarding Arroyo Grande).

CALL TO AUDIENCE - No speakers.

ADJOURNMENT

MOTION: A motion was made by Council Member Carter and seconded by Council Member Latas to adjourn at 12:10 a.m.

MOTION carried, 6-0.