ORO VALLEY TOWN COUNCIL
August 5, 2009
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 6:00 PM
|Paul Loomis, Mayor |
K.C. Carter, Vice Mayor
Paula Abbott, Council Member
Bill Garner, Council Member
Barry Gillaspie, Council Member
Al Kunisch, Council Member
Salette Latas, Council Member
Mayor Loomis led the audience in the Pledge of Allegiance.
Town Manager David Andrews reviewed the upcoming meetings and events.
Council Member Latas noted that the Town’s Department Directors held a mini-retreat and she hoped that the event went well. She then thanked the Directors for all of their work.
Vice Mayor Carter reported that the Holiday Parade would be held on December 10, 2009.
Town Engineer Craig Civalier reported that Town staff is working with the Arizona Department of Transportation (ADOT) on signage at El Conquistador Way (no right turn on red when headed north on Oracle Road).
Economic Development Manager Amanda Jacobs announced that the Town was in the running to host the 2010 Governor’s Regional and Rural Development Conference.
Building Safety Director Suzanne Smith reported that during the month of August, the Building Safety Department will be offering free inspections for swimming pool barrier enclosures.
Karen, a volunteer from Casas de los Gatos, presented Malcolm, a rescued kitten. She stated that they have 500 cats and kittens in need of homes. They are also in need of donations, volunteers and supplies.
Mayor Loomis presented Plaques of Appreciation to:
John Buette, Development Review Board (DRB)
George Glos, Stormwater Utility Commission (SWUC)
Dennis Ottley, Parks and Recreation Advisory Board (PRAB)
Mike Zinkin, Development Review Board (DRB)
(Plaques of Appreciation will also be mailed to Teree Bergman, Planning and Zoning Commission and Patrick Foley, Historic Preservation Commission)
Mayor Loomis presented Town pins to Lindsey Weldon and Justin Haley in recognition of their receiving the Comcast Leaders and Achievers Scholarships.
Town Clerk Kathryn Cuvelier read a proclamation for "Drowning Awareness Month, August 2009".
Mayor Loomis presented a Proclamation honoring Oro Valley resident Dr. James Mulligan's 100th birthday naming August 11, 2009 as Dr. E. James Mulligan Day.
Jim Degrood, Regional Transportation Authority (RTA) Director of Transit Services, presented an update on Sun Shuttle Transit Services and highlighted the following:
~ System performance
~ Service overview
~ Planned Improvements:
- Reduce travel times
- Increased frequency of buses
- Coordinate transfers w/Sun Tran and Sun Express
- Fare increase from $1.00 to $1.25
- Route changes and improvements
~ Opportunities for the future
Magdalena Barajas, Census 2010 Partnership Specialist, thanked the Town for partnering with the Census 2010 Partners. She stated that Oro Valley was Arizona’s leader in census responses for Census 2000 and she encouraged the Town to organize a local Complete Count Committee for the upcoming Census.
Sonny Suvia, Census 2010 Partner Specialist Team Leader, congratulated the Town for being the leading city/town in Arizona by achieving the highest number of respondents for the 2000 Census. He encouraged the Council to continue their efforts to get everyone in the community counted.
Mayor Loomis pulled Item C.
MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to approve the Consent Agenda with the exception of Item C.
MOTION carried, 7-0.
Minutes - June 3, 24, July 8, 2009
Police Report - June 2009
MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to TABLE Resolution (R)09-45.
MOTION carried, 7-0.
Resolution No. (R)09 - 46 Authorizing and approving the amendment to the deeds of trust relating to water service between the Town of Oro Valley, Stone Canyon, LLC and the Robert A. Hansen family trust
Resolution No. (R)09 - 47 Authorizing and approving Financial Participation Agreements between the Town of Oro Valley and Amphi Foundation, M3S Sports, LLC, Arizona Chapter Paralyzed Wheelchair Veterans of America, Inc., Catalina Community Services, Perimeter Bicycling Association, Project Graduation, Greater Oro Valley Arts Council, Pima Council on Aging, Interfaith Community Services, Trisports Racing, Greater Southwest Chapter of the Arthritis Foundation, Critical Path Institute (C-Path), Metropolitan Convention and Visitors Bureau, Oro Valley Parade Committee, and Tucson Regional Economic Opportunities, Inc. and Community Food Bank
Reappointment of Jimmy Fields to the Board of Adjustment with term effective August 5, 2009 to June 30, 2011
Mayor and Council Trip Reports
Dr. Raymond Woosley, President and CEO of Critical Path Institute presented an update regarding C-Path highlighting the following:
~ Provide safe drugs for serious diseases
~ Consortia Model
- Predictive Safety Testing Consortium (PSTC)
- Patient Reported Outcomes (PRO)
- Coalition Against Major Diseases (CAMD) (Patients, Government, Industry)
- 28 major pharmaceutical companies, 500 scientists
~ Value to community (8-fold return on public investment in 4 years, growing employer with 28 bioscience jobs, $30 million in federal grants to Arizona, University of Arizona Partner)
~ Role in Oro Valley
- Help bring Oro Valley to the attention of global pharmaceutical and bio-tech companies
- Help develop Bioscience Plan for Southern Arizona with focus on Oro Valley
- Create innovative environment
- Help develop the workforce
Dr. Michael Block, Chairman of Basis Charter School, presented an overview of Basis Charter Schools:
~ College Preparatory, grades 5-12
~ Charter School
~ Theme: Excellence
~ High academic standards
~ BASIS Schools provide: a tool for recruitment, successful model for education reform, asset to the community.
~ Model for educational reform
~ BASIS committed to opening a school in Oro Valley and received a new
charter on June 8, 2009.
~ Challenge: Recent budget shortfall to education funding, need assistance with funding a site and facilities.
- Facilities: Modular buildings on site in or near Innovation Park; possibly share site at Innovation Park or Municipal Operations Center; hope to open school in Oro Valley in August 2010.
- Financing: Form a committee of potential stakeholders to help raise funds; apply for State Charter School Start-up Funds.
In response to questions from Council, Mr. Block explained that they are not necessarily locked into the Innovation Park area but they would like to be in close proximity to major employers. He also explained that the average size of middle school classes was 25 students with the high school classroom size being approximately 8-12 students. Mr. Block further explained that they would start the new campus utilizing modular units. He also reported that the Scottsdale school site has 600 students and sits on a 5 acre site with 3 acres being open space.
Mayor Loomis recessed the meeting at 7:33 p.m. The meeting resumed at 7:43 p.m.
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 Kunisch to recommend approval of the request for a Location Transfer to the Arizona State Liquor Board for a Series 09 Liquor License at Walgreens #6411 located at 11951 N. First Avenue.
MOTION carried, 7-0.
Assistant Planning and Zoning Director Paul Popelka introduced the request for a conditional use permit (CUP) for In-N-Out Burger restaurant. He explained that a CUP was required due to the request for a drive-through. He reported that staff finds that the request is in conformance with the Zoning Code requirements.
Keith Gilbert representing In-N-Out Burger presented a brief background on the restaurant and stated that they currently have 232 restaurant facilities. He explained that they have worked with staff and Vestar to design a restaurant that would fit well into the Oro Valley Marketplace and the Town.
Mayor Loomis opened the public hearing.
Lois Marinaro, Oro Valley resident, stated that she did not object to the restaurant but she objected to the proposed location. She stated that they would be affected by lights from the restaurant and she was somewhat concerned about smells that might come from the restaurant. She asked that the In-N-Out Burger restaurant be placed near the other restaurants in the Oro Valley Marketplace.
Mayor Loomis closed the public hearing.
In response to questions from Council: Mr. Popelka explained that all restaurants are required to have an odor abatement plan and Mr. Gilbert stated that the hours of operation for the restaurant would be from 10:00 a.m. to 1:00 a.m.
MOTION: A motion was made by Council Member Abbott and seconded by Council Member Kunisch to approve with conditions Resolution (R)09-48 In-N-Out Burger represented by GreenbergFarrow, request for approval of a conditional use permit for a restaurant with a drive-through located within the Oro Valley Marketplace in proximity to the southwest corner of Oracle Road and Water Harvest Way, OV8-09-002 to include that (friendly amendment requested by Council Member Gillaspie): 1) wall mounted signs facing Catalina Shadows subdivision to the west will not be permitted; 2) the height of the restaurant be limited to 28 feet, and finding that the development meets the standards of the conditional use permit.
MOTION carried, 6-1 with Council Member Latas opposed.
Assistant Planning and Zoning Director Paul Popelka reviewed the development plan for the In-N-Out Burger restaurant to be located on the southern tip of the Oro Valley Marketplace (OVM) site. He reported that the restaurant use was approved as part of the Master Plan for the OVM. Mr. Popelka explained that staff worked with the applicant on traffic issues, architectural elements and outdoor seating and parking and they feel that the plan meets the requirements of the Zoning Code. He further explained that the signage faces east and south and the west side is screened by landscape and the placement of signs. He reported that the Development Review Board (DRB) has recommended approval.
Keith Gilbert representing the In-N-Out Burger restaurant reviewed the architectural elevations of the restaurant.
In response to a question from Council Member Garner, Mr. Popelka explained that the landscape plan was approved by the DRB; however, it has since been realized that palm trees are not permitted in the Oracle Road Scenic Corridor Overlay District (ORSCOD).
MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to approve with conditions in Exhibit "A" In-N-Out Burger development plan for a restaurant with drive-through located within the Oro Valley Marketplace in close proximity to the southwest corner of Oracle Road and Water Harvest Way with the additional condition (friendly amendment requested by Council Member Latas) that no palm trees are allowed (within Oracle Road Scenic Corridor Overlay District (ORSCOD).
1) Address all red-lined comments within the Development Plans. Please return all redlined originals back to the Town of Oro Valley.
2) Revise the Development Plan’s General Note 5 to indicate the correct number of parking spaces provided for Lot 28. Also, indicate that three "Universal" parking spaces are provided for this project. In accordance with American with Disabilities Act Accessibility Guidelines (ADAAG), "Universal" parking spaces are an acceptable alternative to providing van accessible parking.
3) Building Safety Plan Review will ensure the proper Finished Floor Elevation (FFE) to achieve positive drainage away from the building structure.
4) Additional condition per motion: No palm trees are allowed (within the Oracle Road Scenic Corridor Overlay District (ORSCOD).
MOTION carried, 7-0.
Building Safety Director Suzanne Smith, presented an overview of possible interim plans for the Rancho Vistoso Municipal Complex (RVMC) and the Calle Concordia site. She explained that staff has reviewed the existing facilities and has recommended the following options:
~ Option X - Calle Concordia site - provides minimal improvements which would include: 1) Remediation of all code violations, 2) Relocation of a storage module and extending the existing maintenance building by one 800 square foot bay for storage in the Operations yard; and 3) Provide ADA accessible paved parking, landscape buffers and a six foot high masonry wall and gate for security between the Parks and Recreation public access area and the Operations Yard. Scope of Work
: $340,000 construction costs, $45,000 design and other services, $5,000 data/telecom equipment, $18,000 Town costs and $41,000 owner contingency for a total of $449,000.
~ Option Y - RVMC site: 1) Provide two temporary modular buildings and associated parking for Public Works staff that are currently at Calle Concordia; 2) Provide a prefabricated metal maintenance building; 3) Provide a fueling station; 4) Relocate storage buildings; and 5) Provide materials storage and associated site improvements. Includes Calle Concordia site demolition and clean up of the existing operations yard upon completion of the RVMC work, remediation of remaining code violations, parking, landscape buffers and security wall. Scope of Work
: $2,296,000 construction cost, $245,000 design and other services, $96,000 equipment, $304,000 Town costs, $294,000 owner contingency for a total of $3,235,000.
Funding Sources (fiscal year 2007/08 - Town funds contributed to the RVMC construction fund to assist with construction):
~ General Fund $3,702,000
~ Highway Fund $ 450,000
~ Water Utility Fund $1,600,000
Ms. Smith further noted that all options included in Option Y would remain in place at the RVMC. She then reviewed the benefits and concerns for each option:
| BENEFITS || CONCERNS|
|OPTION X |
|- Lowest initial cost ||- Invests in facilities that will be demolished in the near future|
|- Provides necessary space for fleet maintenance ||- Retains facilities that are below current Town standards|
|- Operations yard is near current road projects ||- Inconsistent with Town’s commitment to the neighborhood|
| ||- Public Works operations and staff is divided |
|OPTION Y |
|- Provides necessary space for fleet maintenance that will be retained in future RVMC development ||- Higher Cost|
|- Provides facilities that meet Town standards ||- Operations yard is further from current road projects|
|- Moves operations to a non-residential area; consistent with Town’s commitment to Calle Concordia neighborhood |
|- Public Works staff is in one location |
-Operations yard is positioned for future Town growth and provides a second location for vehicle refueling
Discussion followed regarding: commitment to neighborhood, Town has right to operate the Calle Concordia site, need to move magnesium chloride tanks to an industrial site, cost to correct code violations would be approximately $25,000, fleet maintenance plan, parking lot paving, fleet maintenance needs and getting financial projections for next year before moving forward (with the exception of OSHA issues).
MOTION: A motion was made by Council Member Abbott and seconded by Council Member Kunisch to authorize staff to spend up to $25,000 from the Contingency Fund to remediate all code violations.
MOTION carried, 7-0.
MOTION: A motion was made by Council Member Abbott and seconded by Council Member Kunisch to direct staff to bring forward a fleet maintenance plan in time to support the mid-year budget review (in November).
MOTION carried, 5-2 with Council Member Garner and Council Member Gillaspie opposed.
MOTION: A motion was made by Council Member Garner and seconded by Council Member Abbott to have the Chief of Police or his designee evaluate current needs for an impound yard and whether or not he would like to continue to keep it at Calle Concordia or relocate the impound yard to the Ranch Vistoso Municipal Complex and to include costs associated with moving it or securing the current site.
MOTION carried, 7-0.
Council Member Kunisch/ Council Member Abbott second - Staff to provide an update on the Emergency Command Center/Substation at the Oro Valley Marketplace.
MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to adjourn at 9:15 p.m.
MOTION carried, 7-0.