PRESENT:

Paul Loomis, Mayor K.C. Carter, Vice Mayor Paula Abbott, Council Member Bill Garner, Council Member Al Kunisch, Council Member Salette Latas, Council Member

EXCUSED:

Barry Gillaspie, Council Member

Mayor Loomis led the audience in the Pledge of Allegiance.

Town Manager David Andrews reviewed the upcoming meetings and events.

Communications Administrator Mary Davis invited everyone to attend the Town’s 35th Anniversary events that will be held on April 17th and 18th.

Town Engineer Craig Civalier announced that the Town has been awarded $1.3 million from the Federal Emergency Management Association (FEMA) for the Lomas del Oro Wash project.  He further explained that the Town would also receive some matching funds from the State for the project.

John Musolf, Oro Valley resident, referred to the Police Department budget and stated that it did not look like a "bare bones" budget to him.  He discussed the specific areas of non-capitalized items, outside services, membership, travel and training and equipment repair and questioned whether these expenses could be eliminated, reduced or deferred further.  He commented that overhead costs should be cut instead of sworn officers.

Martha Briggs, Oro Valley resident, commented that during the economic downturn, many residents are using the Oro Valley Library as a resource.  She stated that in March, the Library posted a 65% increase in the number of teens attending library programs.  She asked that the Town Council "dig deep" and not make further cuts to the library.

Larry Robinson, non-Oro Valley resident and Chair for the Facility Subcommittee for the Bicycle Advisory Committee, asked the Council to keep the Town's Multi Modal Coordinator who has facilited several projects in the Town.

Doctor Bob Oro, Oro Valley resident, updated the Council on the Healthiest Town in America initiative.  He reported that the kickoff for the program was held on January 17th at the Oro Valley Marketplace with approximately 1,200 citizens in attendance.   He further reviewed upcoming events for 2009 including an Interfaith Community Services Walk, American Heart Association Walk, YMCA Step-tember, Harvest 4 Hope and the 2009 Holiday Parade.

At the request of Council Member Abbott, Mayor Loomis pulled Item B from the Consent Agenda for discussion. 

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 B.

MOTION carried, 6-0.

A.	Economic Development Division Monthly Report - March 2009

Item A

B.	OV12-03-16D Approval of a final plat for phase 3 of the Steam Pump Village Development, located in proximity to the northwest corner of Hanley Boulevard and Oracle Road (PULLED FOR DISCUSSION)

Item B

MOTION: A motion was made by Council Member Abbott and seconded by Council Member Kunisch to approve OV12-03-16D, Evergreen Devco, presented by Optimus Civil Design Group, request for approval of a final plat for phase 3 of Steam Pump Village with the conditions listed in Exhibit "A".

Exhibit "A"
Public Works/General Comments:
1) Address all redline comments.  Return the redlined set with the next submittal.
2) Provide line segment information where redlined on Sheets 2 and 3.
3) Provide additional information for the location map and legend as indicated by the redlines.

Sheet 1 of 3:
4) Delete one of the acknowledgement signature blocks which has been duplicated on this sheet.

Sheet 3 of 3:
5) Tie down the section line where it intersects the southern boundary line of Lot 5.
6) For clarity, provide additional property line information along the southern boundary of Block #2 to match what is described within the closure calculations.

Oro Valley Water Utility:
7) Under the "assured water supply" change the language to read: "the Town of Oro Valley has been designated by the Arizona Department of Water Resources as having an assured water supply pursuant to ARS 45-576 and hereby certifies in writing to supply water to this plat".

MOTION carried, 6-0.

C.	OV12-07-01A Approval of a final plat for the Innovation Commerce Campus commercial subdivision, located at the northwest corner of Rancho Vistoso Blvd. and Vistoso Commerce Loop

Item C

D.	Reappointment of Richard Tracy to the Town of Oro Valley Public Safety Personnel Retirement System Board effective through September 30, 2010

Item D

E.	Extending terms of newly appointed Board/Commission members

Item E

Item 2

Water Utility Director Philip Saletta reviewed a PowerPoint presentation regarding the Water Utility Commission (WUC) Annual Report dated April 2009 and highlighted the following:
 ~ The report was approved by the WUC on April 13th. 
 ~ Water Quality (1421 tests were performed in 2008 with no violations detected and maximum contaminant levels were not exceeded.
 ~ Customer Service - 18,330 customers (48,454 people), 295 new connections
 ~ Water Supply
    - Groundwater - pumped 8,625 Acre Feet (AF) (2.81 million gallons)
    - Reclaimed Water - delivered 1,764 AF (575 million gallons)
    - Effluent - 1,500 Acre Feet
    - Central Arizona Project Water - 10,305 AF
~ Water usage
    - 2005 - 3.22 billion gallons
    - 2008 - 2.81 billion gallons (reduction realized due to reclaimed water coming on line).
~ Water Conservation Program - Conducted 145 water audits, provided free conservation literature, rain sensor program, member of Water Conservation Alliance of Southern Arizona 
~ Water Utility Operations (18 reservoirs, 27 booster stations, 19 operating wells, 351 miles of water mains)
~ Reclaimed Water System - 5 golf courses
~ Water System Security (fenced/locked sites, wellhead protection, motion sensors with alarms/video, hydrant defenders, emergency response plan)
~ Engineering and Planning (includes new development and capital improvement projects)
~ Central Arizona Project Water
~ Water Utility Funds
     - Enterprise Fund
     - Potable Water System Development Impact Fee (PWSDIF) Fund
     - Alternative Water Resources Development Impact Fee (AWRDIF) Fund
~ Debt obligations (annual debt service $4,831,490)

MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Abbott to accept the Water Utility Commission Annual Report dated April, 2009.

MOTION carried, 6-0.

Item 3

Carlotta Flores, owner of El Charro restaurants, stated that they were excited to move their restaurant into Oro Valley and they expected to open by May 15th.  She also commented that they were very pleased with the response they received from the Oro Valley staff. 

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

MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Carter to recommend approval of the issuance of the Series 12 liquor license to the Arizona State Liqyor Board for Ms. Carlotta Flores and principal at El Charro Cafe located at 7725 N. Oracle Road, #101.

MOTION carried, 6-0.

Item 4

Town Clerk Kathryn Cuvelier read a letter from the applicant requesting an indefinite continuance of this item.

Discussion followed regarding the process should the item be continued indefinitely and then brought back to Council in the future, the status of the public hearing and the applicant’s assumption that the item was going to be continued (applicant did not attend the meeting).

Assistant Planning and Zoning Director Paul Popelka commented that the issue in this rezoning request was whether the wash was to be rezoned to Open Space or remain Residential.  He explained that the rezoning would: 1) give the applicant more flexibility in the building setback, 2) provide more buildable area and 3) allow more building height.   

Mayor Loomis opened the public hearing.

Scott Christy, non-Town resident, thanked the Town for providing a buffer zone when the property was annexed into the Town and expressed concern that the applicant was wanted to reduce that buffer. 

Barbara Benedict, Oro Valley resident, commented that the wash bisects the property.  She explained that the Tech Park would provide a buffer zone on the site.  She also questioned why the wash would be disturbed. 

Nancy Martin, Oro Valley resident, commented that the property lies within the Wilson K-8 School boundaries.  She questioned why the applicant was asking to change the existing wash from R1-144 to Park Open Space and thought that the applicant was trying to maximize their building space.  She recognized the need for Tech Park but asked that the wash be left alone and that the Ordinance be denied.

Chris Campabello, non-Town resident, stated that she felt that this was a selfish request by the developers and that in the future, they would request a General Plan amendment for a higher density on the property.  She stated that if the property were rezoned, she was afraid that it would set a precedence and open up north La Canada to high density development. 

Kevin Houser, Oro Valley resident, stated that his concerns were the same as the other speakers and asked that the Council vote against the rezoning as he felt that the developer was working toward allowing higher buidlings and  higher densities.

Mayor Loomis closed the public hearing.

MOTION: A motion was made by Council Member Latas and seconded by Council Member Garner to deny Ordinance (O)09-03, OV9-04-02, DESCO Southwest LLC, represented by the Planning Center, request for a rezoning from R1-144, single family residential to Parks and Open Space.

DISCUSSION:  Council Member Kunsich stated that he would vote against the rezoning as the wash needs to be protected.  He also stated that the developer could redesign the project and move the proposed two-story buildings from the north end of the property south towards Tangerine Road.

Council Member Abbott commented that the restoration of the wash was part of the rezoning conditions of the property so it would be protected. 

Mayor Loomis commented that he would not support the motion.  He stated that he was disappointed that the applicant was not at the meeting but they have stated that they wanted to try to make the development work.  He also commented that the developers have worked with the neighbors and they continue to try to address issues.  He felt that in not allowing the developer to rework the design, it would be setting the wrong example.

Council Member Latas stated that she also appreciated that the developer has met with the neighbors.  She stated that if their intention was to rework the design, they could resubmit at a later date.

In response to a question from Vice Mayor Carter, Town Attorney Tobin Rosen explained that if this rezoning was denied, the applicant would have to start the process over again if they wanted to request a rezoning in the future.  However, they could begin development on the property that was "hard zoned".

Council Member Abbott commented that the developer has already been granted one continuance on this project and she felt that it would set a precedence to continue it again.  

MOTION carried, 5-1 with Mayor Loomis opposed.

Item 5

Trey Miller, Rick Engineering Company, representing Golder Ranch Fire District, reviewed a site map of the Oracle Vista Retail Center.  He then reviewed the development plan for the fire station, building setbacks, bufferyards, grading concept plan and detention basin cross sections.  He explained that the fire station would sit on a 1.7 acre site and has Commercial Neighborhood (C-N) zoning. 

Mr. Miller reviewed resolutions to previous concerns:
- 6 ft. high screen wall along the west property line.
- Building moved easterly to provide a 55 foot setback.
- Widening to Linda Vista Boulevard is not necessary with the operation of the Fire Station.
- Review of traffic data (have received a concurrence letter from Arizona Department of Transportation (ADOT).

Mr. Miller then reported that the master development plan was approved by the Town Council in September 2008 and the Development Review Board approved the development plan in February 2009.

Assistant Planning and Zoning Director Paul Popelka reported that staff supports and recommends approval of the development plan and that the Development Review Board has also approved the building’s architecture.  He further commented that the project meets all Zoning Code requirements and the Oracle Road Scenic Corridor Overlay District (ORSCOD) requirements and standards.

MOTION: A motion was made by and seconded by to

MOTION carried, 6-0.

Item 6

Principal Planner Bayer Vella reviewed the American Recovery and Reinvestment Act of 2009.  He explained that the purpose of the Act was to revitalize the economy, grow jobs and obtain energy independence.  He then highlighted the following:
~ Staff is evaluating programs and working with the Pima Association of Governments (PAG).
~ Grants are available.
~ Public Works is evaluating 4 different areas of opportunity: flood prevention, stormwater treatment, transit and transportation.
~ Economic Development is working with Tucson Regional Economic Opportunities (TREO) on regional opportunities. 
~ Oro Valley Water Utility has submitted $18+ million in grant requests. 
~ Oro Valley Police Department has submitted a grant application for retention of 6 officers.  They are also looking into other grant opportunities but many require long term committments.
~ Planning staff is focusing on the Department of Energy funding opportunities:
         1) Grant to allow jurisdictions over 35,000 residents to apply.  (Oro Valley has been allocated $164,200 but must still apply). 
         2) Competitive grants
         3) Interest free loans
   - 14 eligible activities (i.e. Energy Efficiency and Conservation Strategy, Technical Consulting Services, Residential/Commercial Building Audits, Traffic Signals and Street Lighting, Renewable Energy on Government buildings)
  - Must priortize and then apply by June 25th.
  - Green Team has set other criteria to help identify focus:
        - Community leadership
        - Physical improvements to Town facilities
        - Proper planning and minimize Consulting/Study expense
        - Highest return on investment to reduce Town costs
~ Recommended activities:
  - Develop Energy Efficiency and Conservation Strategy (required)
  - Technical consulting services
  - Energy efficiency retrofits (programmable thermostats, upgrade air conditioning units, etc.)
  - Renewable energy technologies on government buildings (i.e. solar technology)
~ Grant funding approach:
    - Policy development with measurable outcomes - Energy Audit and opportunities = Strategy (June 25th deadline) (Staff will do 75% of work but would need assistance conducting energy audit).

Discussion followed regarding:
~ U.S. Conference of Mayors strategy - Many communities have adopted this strategy and it would be a great starting point (commit to adopt a 7% reduction in carbon footprint).
~ Contact Tucson Electric Power (TEP) and Southwest Gas to see if they would be interested in assisting in energy audits (may provide free audits). 
~ June 25th deadline - Jurisdiction can submit entire strategy at once or if you need additional time and funding to complete the strategy, a request can be submitted for partial release of funds by June 25th (if an allocation is awarded to conduct the strategy, it must be completed in 120 days).
~ Whether the Town submits for a partial allocation or the entire strategy, the Town’s allocation would be $164,200.
~ Preference for immediate and tangible return.  Spend as little as possible on studies and consultants.  Use internal employee resources. 
~ Performance contracting.
~ Look at other alternatives, not comfortable spending $25,000+ at this time.  Need a cost benefit ratio on leases and equipment.
~ There would be a cost for level of standards we need to produce. Staff will explore opportunities with TEP and SW Gas.
~ Cost of study would be covered by grant money.
~  Look at tangible efforts (i.e. retrofit buildings to get to LEED standards so the Town would see reduced energy bills and gain efficiencies). 
~ Green Team - develop codes and set standards for the community. 
~ Bulk of funding monies have to expended on government buidlings or non-profits.

Item 7

Assistant Planning and Zoning Director Paul Popelka reported that Planning Staff was given direction to investigate commercial zones (C-N, C-1 and C-2) to better define the districts and provide clarification regarding permitted uses and development standards.  

Discussion followed regarding:
  ~ Are there staffing resources available to get this to the Planning and Zoning Commission prior to the new Commission coming aboard.
  ~  Created Neighborhood Commercial approximately 5 years ago. Need to look at different elements: when do you want neighborhood commercial (C-N) vs. C-1 and C-2.  Should there be significant differences in allowed uses.
~  Need convenience of commercial opportunities without having to drive a long distance.

Mayor Loomis opened the floor for public comment.

Bill Adler, Oro Valley resident, commented that the Zoning Code provides a chart of permitted uses and also provides wording that describes the Town’s intent with regard to the zoning districts.  He stated that the Town must focus on both areas.  He stated that there is a long term fix (form based codes) or a quick fix that would blend the two components of the Code.  He commented that the Council needs to decide whether they want a long term fix or a short term fix.

Further discussion followed regarding:
 ~ The Planning and Zoning Work Plan currently focuses on neighborhood commercial (C-N).
 ~ Staff to put together a task statement that defines the work to be done, requirements, deficiencies, and future work.  Work with Planning and Zoning Commission and bring back to a Council Study Session. 

Bill Adler, Oro Valley resident, commented regarding the Town's budget problem and stated that when looking at cost cutting, the Town must understand what the impacts to levels and quality of service might be.  He stated that when trying to understand cuts, you must also understand what sacrifices would have to be made.  He also stated that he hoped that Council would ignore suggestions that administration positions are overhead and don’t have an impact on quality service.  Mr. Adler addressed travel and training and stated that the Town has to afford things that keep the level of service at an acceptable level.  He questioned why the emphasis was on cuts and compromises without any public discussion on how it would impact the Town's quality of services.

John Musolf, Oro Valley resident, questioned why the Police Department had a separate Public Information Officer when the Town Manager’s Department had a Communication Division.  He felt that discussion should take place on who should be disseminating information for the Town.  He also commented that service and quality levels had been discussed at the Library Review Committee meetings.

MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Garner to adjourn at 8:00 p.m.

MOTION carried, 6-0.