MINUTES
ORO VALLEY TOWN COUNCIL
Regular Session
February 4, 2009
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
REGULAR SESSION AT OR AFTER 6:00 PM

CALL TO ORDER - 6:00 p.m.

ROLL CALL

PRESENT:
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

PLEDGE OF ALLEGIANCE

Mayor Loomis led the audience in the Pledge of Allegiance.

UPCOMING MEETING ANNOUNCEMENTS

Building Safety Director Suzanne Smith reviewed the upcoming meetings and events.

COUNCIL REPORTS

Vice Mayor Carter reported that he attended a meeting regarding the road work on Oracle Road (Tangerine Road up to the Pima/Pinal county line).  He expressed concerns regarding the wildlife corridors.  He stated that public comments would be accepted until February 26th.

DEPARTMENT REPORTS

Town Engineer Craig Civalier reported that on February 15th, the express services for the Sun Tran routes (Rancho Vistoso to Raytheon and Rancho Vistoso to downtown Tucson) would begin.  He also reported that a grand opening for the Rancho Vistoso Park and Ride would be held on Monday, March 2nd and that the Park and Ride pullouts by CDO Riverfront Park have been completed.  Mr. Civalier also reported that there would be a ribbon cutting for the La Canada D Road widening project on February 12th at 8:30 a.m. 

Planning and Zoning Director Sarah More reported that she, Mayor Loomis and Assistant Planning and Zoning Director Paul Popelka attended an Arizona Department of Commerce workshop on the Smart Growth Scorecard which relates to the Town’s sustainability goals.

Communications Specialist Kelsey Hanson reported that Council Member Kunisch would be holding a "Council on your Corner" session at Ike’s Farmers Market Saturday, February 7th. 

TOWN MANAGER’S REPORT - No report.

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

There being no objections, Mayor Loomis moved Item 6 up on the agenda to follow the Consent Agenda.

CALL TO AUDIENCE

Geri Ottoboni, Oro Valley resident, expressed concerns regarding a recent Comcast broadcast incident and requested that the Council consider another cable company. 

PRESENTATIONS - PAUSE FOR PAWS

Lane Davidson from the Foundation for Animals in Risk (FAIR) introduced Scooby Doo and Scrappy Doo, 7-week old puppies that would be available for adoption at the Petsmart located at Pantano and Broadway. 

1.

CONSENT AGENDA


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

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

MOTION carried, 7-0.

A.

Minutes - 01-14-09


B.

Building Safety Activity Report - December 2008


C.

Coyote Run Monthly Transit Report - December 2008


D.

Public Safety Fire and Emergency Medical Service Providers Quarterly Report to Council - October 1, 2008 to December 31, 2008


E.

Approval of request for co-sponsorship of a Homeowner Association Seminar with the Town of Oro Valley, Town of Marana and the Southern Arizona Chapter of Community Associations Institute meeting scheduled for Saturday, April 4, 2009 from 8:00 a.m. to 12:00 p.m.


F.

Approval to modify and increase the adopted FY 2008/09 travel budget for Mayor Paul Loomis (Pulled for discussion)


Discussion followed regarding the requested increase, concern with budget numbers, reviewing and possibly suspending out of state travel, sliding travel monies from other Council Member's travel budgets over to the Mayor's, and making sure that we are not deviating from budget amounts.

MOTION: A motion was made by and seconded by to

MOTION carried, 4-3 with Vice Mayor Carter, Council Member Garner, and Council Member Latas opposed.

G.

Appointment of Sam McClung to the Historic Preservation Commission with term effective February 4, 2009 - July 31, 2009


6.

CONSIDERATION AND POSSIBLE ACTION REGARDING ESTABLISHING THE ORO VALLEY PUBLIC LIBRARY REVIEW COMMITTEE TO EXPLORE THE OPTIONS AVAILABLE TO THE TOWN FOR LIBRARY SERVICES


Town Librarian Jane Peterson stated that at the January 14th Study Session, Council expressed interest in creating a citizen-driven Library Review Committee to explore options available to the Town for operations and funding for the library.  She explained that items to be considered included: legislative actions regarding library districts and imposing a levy, renegotiating the Intergovernmental Agreement (IGA) with Pima County, maintaining the affiliate status or turning all operations and costs over to the County, identifying a potential dedicated funding source, taxes to support cost to maintain affiliate status and consideration of library user fees to generate revenue.  

MOTION: A motion was made by Council Member Latas and seconded by Council Member Kunisch to establish the Oro Valley Library Review Committee and to appoint the nominees as submitted to review library operations and make a final report and any recommendations to the Council by the end of the fiscal year, June 30, 2009.  (Appointees: J.R. Johnson, Jayne Kuennemeier, Doug McKee, Susan Mears, John Musolf, Kathy Pastryk, Gene Riser, Alistair Innes, Jan Norbury, Jane Peterson, Mary Kim Dodson, Nancy Ledeboer, Sharla Darby). 

MOTION carried, 7-0.

2.

PUBLIC HEARING - CONSIDERATION AND POSSIBLE RECOMMENDATION TO STATE LIQUOR BOARD FOR APPROVAL OF AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR RED LOBSTER #6350 LOCATED AT 11695 N. ORACLE ROAD IN THE ORO VALLEY MARKET PLACE


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 issuance of the Series 12 Liquor License to the Arizona State Liquor Board for Mr. John Knapp and principals at Red Lobster #6350 located at 11695 N. Oracle Road.

MOTION carried, 7-0.

3.

CONTINUED PUBLIC HEARING - RESOLUTION NO. (R)08 - 82 REQUEST TO APPROVE A GENERAL PLAN AMENDMENT FOR PORTIONS OF RANCHO VISTOSO NEIGHBORHOOD 5, GENERALLY BOUNDED ON THE NORTH BY RANCHO VISTOSO BOULEVARD, ON THE EAST BY THE BIG WASH, ON THE SOUTH BY TANGERINE ROAD, AND ON THE WEST BY RANCHO VISTOSO BOULEVARD (OV11-08-04) (CONTINUED FROM DECEMBER 3, 2008)


MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Carter to continue consideration of Resolution (R)08-82 to the March 18, 2009 Council meeting (as requested by the applicant). 

MOTION carried, 7-0.

4.

DISCUSSION AND CONSIDERATION OF FUNDING REQUEST BY THE GREATER ORO VALLEY ARTS COUNCIL FOR THE 2009 INDEPENDENCE DAY CELEBRATION (Continued from January 21, 2009)


Finance Analyst Art Cuaron explained that the Greater Oro Valley Arts Council (GOVAC) has requested an additional $50,000 to fund the 2009 Independence Day celebration (due to the timing of the 2009/10 Community Funding award which would occur after the event).  He explained that any future requests would follow in the Community Funding cycle.  Mr. Cuaron further stated that if the Council approves the funding, GOVAC has requested that receipt of the additional funds be on or before July 3rd.  He also reported that due to the current economic situation, the Town Manager has recommended that funding not exceed $25,000.

Kate Marquez, GOVAC, explained that under the new rules, organizations must apply and pay for in-kind fees (i.e. police services, permit fees) and it has been reported by Town staff that those fees amount to over $30,000. She stated that without additional Town funding, GOVAC may not be in a position to hold the event.

Further discussion followed regarding last year’s funding and the Community Funding cycle, in-kind fees (for services provided by the police department, park services, permit fees), obtaining a title sponsor for the event, holding the event at the Oro Valley Marketplace, shuttle services and parking and police services at Town parks.

Mayor Loomis opened the floor for public comment.

Geri Ottobani, Oro Valley resident, stated that she did not think that people could see the fireworks from the Oro Valley Marketplace. 

MOTION: A motion was made by Council Member Kunisch and seconded by Council Member Abbott to approve the Greater Oro Valley Arts Council request in the amount of $25,000 for the 2009 Independence Day celebration.

Council Member Latas stated that she appreciated the need to get the funding upfront but the Community Funding process has been established and she felt that GOVAC was circumventing the process.  She also stated that with the projected 2009/10 budget deficit, she could not support the motion.

Mayor Loomis clarified that GOVAC’s request of $25,000 would be in addition to the 2008/09 Community Funding award and that their next funding request would include a request for funding of the 2010 July 4th event.

Council Member Gillaspie commented that the Town gave GOVAC $25,000 for last year’s event that was held in the park (which he felt was the preferred venue).  He questioned why the event could be held last year for $25,000 but, GOVAC is saying that amount is not sufficient.

Ms. Marquez explained that the $25,000 did not include the Town’s in-kind services but that this year, they would have to pay for police services, etc.  She also explained that they were working with the Hilton to accommodate better viewing of the fireworks from the Oro Valley Marketplace.  She also stated that the Oro Valley Marketplace would better accommodate the attendees.

In response to a question from Council Member Gillaspie regarding in-kind services, Finance Director Stacey Lemos explained that there was some confusion last year regarding in-kind services.  She stated that the process was not changed but that clarification was provided by Town staff regarding in-kind services.  She explained that last year, in-kind services were tracked internally and that there were budgetary costs realized when town staff is utilized. 

Further discussion followed regarding:
  ~ All Town departments have been asked to cut back this fiscal year and next fiscal year.
  ~ The Town may be paying for entertainment verses holding swimming lessons for children.
  ~ Town Manager has stated that the Town’s budget for this fiscal year would be balanced.
  ~ This is a community-wide event.
  ~ GOVAC’s budget for the event is $41,200.
  ~ Police Department operation plan has not been developed so they don’t have projected costs for this year.
  ~ Changing the nature of the annual event. 

MOTION failed, 3-4 with Vice Mayor Carter, Council Member Garner, Council Member Gillaspie, and Council Member Latas opposed.

5.

PUBLIC HEARING - RESOLUTION NO. (R) 09- 08 OV8-08-03, REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT (CUP) TO SUNWAY HOTEL GROUP, INC. FOR A SECOND HOTEL LOCATED WITHIN THE EL CORREDOR DEVELOPMENT AT THE NORTHEAST CORNER OF ORACLE ROAD AND LINDA VISTA BOULEVARD Explanation: The proposal consists of a two-story hotel on the southern portion of the El Corredor development on approximately 7.25 acres. The property is zoned C-1, Commercial District.


Don Culbertson, Sunway Hotel Group, explained that the Homewood Suites Hotel would be built on the north end and they are proposing to build a Marriot Springhill Hotel on the southern portion of the same site (located at the northeast corner of Oracle Road and Linda Vista Boulevard.

Dave Collins from Thalden, Boyd, Emery Architects, reviewed the site plan, conceptual floor plans, exterior renderings and architectural elements of the proposed hotel.  He explained that the proposed heights comply with the Town’s Zoning Code requirements. 

Discussion followed regarding:
  ~  Height of hotel and architectural embellishments.
  ~  Distance between the two hotels proposed for the site (approximately 150 feet between the two structures with a roadway between them). 

Planning and Zoning Administrator Sarah More explained that the final development plan for this site has not been completed but the plan as currently presented is in compliance with C-1 zoning and the Oracle Road Scenic Corridor Overlay District (ORSCOD).  Ms. More reported that the Planning and Zoning Commission has recommended approval and that staff finds the proposed CUP in compliance with current Zoning Code requirements and also recommends approval with conditions.

Discussion followed regarding:
   ~ Lighting and impact to residents. 
  ~  Development plan for hotel on northern portion of the property is approximately 90% complete with plans to open by February 2010. 
  ~  Demand for additional hotel - (Input from business owners and previous Economic Development Administrator noted that there is a need for hotel spaces.  Developers have knowledge of market).
  ~ Conditional use permit is in conformance with C-1 zoning criteria.
  ~ Compliance with floor area ratios as they relate to ORSCOD.
  ~ Public access to trailhead and horse trail.

Mayor Loomis opened the public hearing.

Joe Barr, Oro Valley resident, stated that he lives directly behind the first phase of the project and he supports the proposal.  He stated that Sunway Hotel Group people have met with the neighbors and addressed concerns regarding lighting and other items.  He also stated that the horse trail easement is not impacted.

Barbara Alrich, Oro Valley resident, commented that she was the liaison between the neighborhood and developers and that the developer has worked very well with the neighbors.  She stated that the developer has provided a 30-foot ingress/egress pedestrian/horse trail (part of which is a utility easement).  She further explained that the neighbors’ concerns were all addressed in the conditions.

Mayor Loomis closed the public hearing.

MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to adopt Resolution (R)09-08, OV8-08-03, Sunway Hotel Group represented by Manning Construction request for a conditional use permit for a second hotel within the El Corredor Development subject to the conditions in Exhibit A with the following additional conditions: 1) the lighting in the back will be restricted to 8 feet, 2) the vendor be restricted to the Marriott as stated, 3) signage for the building shall not be visible to the residents to the east, 4) landscaping along the east wall - try to achieve a solid tree canopy and shrub coverage to prevent tagging and, 5) it be restricted to three years and subject to renewal if it has not begun construction. 

EXHIBIT "A":
1) The master site plan includes deficiencies with regards to traffic circulation, location of passenger drop off/loading zones and pedestrian connectivity.  Further code compliance and revisions must be incorporated as part of the development plan process.
2) The following conditions as agreed to in the previous approval for the hotel to the north and as acknowledged in the neighborhood meeting must be achieved:
  - An 8-foot high screen wall and dense vegetation (overlapping tree canopy) be achieved along the eastside property line.  No openings for pedestrian access through the wall.
  - Vegetation to be provided on the east side of the wall to soften views.
  - Lighting at the rear of the hotel to be low profile lighting and be limited to eight (8) feet at the back portion of the property.
  - No dumpsters to be located along the east side property line.
3)  A 50-foot landscape buffer must be provided on the east side of the property.
4)  A 130-foot building setback must be provided on the east side of the property.
5) The proposed 8 foot high screen wall must be build as early as construction will allow.  This must be in conformance with the timing requirements as specified in the Zoning Code.

MOTION carried, 7-0.

7.

FUTURE AGENDA ITEMS


Council Member Abbott - Requested consideration and possible action to limit/suspend all out of state travel effective immediately and to place it on the next Council meeting agenda (February 18th).  Seconded by Council Member Kunisch.

Council Member Garner - Requested that the Water Director provide the status of the Water Meter Supervisor and the replacement of meters for larger commercial development.  Seconded by Council Member Abbott.

CALL TO AUDIENCE

Philip Richardson, Oro Valley resident, commented on the increase in fire protection fees.  He expressed concerns regarding Golder Ranch Fire District taking over Rural Metro’s fire services and stated that he is sending a petition to 3,000 homeowners regarding fire coverage.

ADJOURNMENT

MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to adjourn at 8:01 p.m.

MOTION carried, 7-0.