MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
July 16, 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
Al Kunisch, Vice Mayor
Paula Abbott, Council Member
K.C. Carter, Council Member
Bill Garner, Council Member
Barry Gillaspie, Council Member
Salette Latas, Council Member

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.

DEPARTMENT REPORTS

Town Engineer Craig Civalier reported that all three of the pedestrian bridges at Canyon Del Oro (CDO) Linear Park have been built and weather permitting, they will open in August 2008. 

Planning and Zoning Director Sarah More reported that the Planning and Zoning Commission completed the first of two public hearings regarding the proposed General Plan Amendments.  Ms. More stated that the meeting was well attended and the public participated readily.  She encouraged future attendance and participation at these public meetings.

Communications Administrator Mary Davis congratulated The Town of Oro Valley for achieving a place in Family Circle Magazine's Top 10 places to raise a family. 

COUNCIL REPORTS

Vice Mayor Al Kunisch reported that he observed during a tour of Steam Pump Ranch that six 30-yard dumpsters worth of debris had been removed from the houses.  He thanked the Parks & Recreation and Planning & Zoning departments and the Southern Arizona Homebuilder’s Association (SAHBA) for their efforts.

Council Member Bill Garner reported that he attended the Oro Valley Northwest Hospital’s grand opening of their 4th floor Cardiac Rehabilitation Unit. 

TOWN MANAGER’S REPORT-  No report.

ORDER OF BUSINESS-

There being no objections by the Council, Mayor Loomis moved items 9 and 10 forward on the agenda to follow item 3.

CALL TO AUDIENCE -

Doug McKee, Oro Valley resident, addressed Central Arizona Project (CAP) objectives and stated that the Town’s goal should be to stabilize water levels. 

PRESENTATION-

~Report of Naranja Town Site Education Campaign

Communications Administrator Mary Davis updated the Council on the Naranja Town Site (NTS) Education Campaign.  She said that the goals for the campaign were to provide information on the proposed Naranja Town Site Master Plan, the Phase 1 Component, and the Bond Election.  Ms. Davis said that information handouts and an updated website would be tools to convey this information to the public.

1.

CONSENT AGENDA


MOTION: A motion was made by Council Member Abbott and seconded by Vice Mayor Kunisch to approve the consent agenda as presented.

MOTION carried, 7-0.

A.

Minutes - June 18 & 25


B.

Economic Development Division Monthly Report - June 2008


C.

Resolution No. (R)08 - 54 Granting an Access Easement to Jesus Francisco and Deborah Annette Bonillas, Owners of Parcel Number 219-49-006G and Chapala Partners, LLC, Owner of Parcel Number 219-49-006E (property located on La Canada Drive between Moore Road and Tangerine Road


2.

PUBLIC HEARING - RESOLUTION NO. (R)08 - 55 APPROVING THE ADOPTION OF THE BUDGET OF THE TOWN OF ORO VALLEY FOR THE FISCAL YEAR 2008-2009 AND THE FIVE YEAR CAPITAL IMPROVEMENT PLAN FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013


Finance Director Stacey Lemos reviewed the fiscal year 2008-2009 budget and the five year Capital Improvement Plan (CIP) for fiscal years 2008-2009 through 2012-2013.  Ms. Lemos noted the changes to the budget as approved by Council on July 2, 2008 which totaled a reduction of $945,000 from the Tentative Budget making the final budget amount $203,121,674.

Mayor Loomis opened the public hearing.

The following people spoke in favor of funding the Northern Pima County Chamber of Commerce (NPCCC).  They expressed concerns with the NPCCC not being notified of the discussion on funding changes and noted that the NPCCC supports local businesses. 

Jeff Jones, Oro Valley resident
Helen Dankwerth, Oro Valley resident
Jerry Hoy, Non-resident
Kathy Goodwill, Oro Valley resident
Ramon Gaanderse, Non-resident 
Richard Underwood, Non-resident 
Melanie Larson, Oro Valley resident
Ed Taczanowsky, Oro Valley resident 

Pat Kinsman, Oro Valley resident, thanked Council for their support of the Community Food Bank.

Barry DiSimone, non-resident, spoke in opposition to funding the NPCCC.  He stated that the Chamber was in part responsible for bringing Walmart into Oro Valley.  He felt that Walmart was not a friend of small businesses and that the Town should put their money toward helping small businesses.

Mary Kay Carlson, Oro Valley resident, thanked Council for the Greater Oro Valley Arts Council (GOVAC) funding.  She stated that where she grew up, the town did not support the Chamber of Commerce; the Chamber supported the town.

Stan LaVelle, Oro Valley resident and Town employee, asked those in the audience in support of the budget approval with a Cost of Living Adjustment (COLA) and Merit Increase to stand and be recognized.

Bruce Thomas, non-resident and Oro Valley Police Department employee and member of the Public Safety Employees Negotiation Team, spoke in favor of a COLA stating that other jurisdictions are giving market adjustments and merit increases.

The following people voiced their endorsement of the funding cut to the NPCCC and applauded the Council for practicing fiscal restraint and expressed their disapproval of governments funding private organizations:

Kathy Pastryk, Oro Valley resident
Chris DeSimone, Oro Valley resident

Bill Adler, Oro Valley resident, expressed concern over the budgeting process stating that other Town departments such as Planning & Zoning and the Water Utility are underfunded.  Mr. Adler noted that the Town’s process of giving employees raises is flawed. 

Mayor Loomis closed the public hearing.

MOTION: A motion was made by Council Member Carter and seconded by Council Member Latas to adopt Resolution No. (R)08-55 adopting the Final Budget for Fiscal Year 2008/2009 and the Town of Oro Valley Capital Improvement Plan for FY 2008-09 through 2012-13.

Vice Mayor Kunisch encouraged the Council to examine organizations requesting funding to determine whether they are providing a service that the Town needs. 

Council Member Abbott clarified that her intent was to make sure that Oro Valley was competitive.  Ms. Abbott stated that many communities do not fund COLAs and next year may be tough.

Mayor Loomis stated that the Town has a good budget but that revenue sources were limited and a decline in the economy will mean tough times ahead.  The Mayor noted he was looking forward to the Town’s future projects.

MOTION carried, 7-0.

3.

RESOLUTION NO. (R)08 - 56 MEMORANDUM OF UNDERSTANDING BETWEEN THE PUBLIC SAFETY EMPLOYEES AND THE TOWN OF ORO VALLEY FOR THE PERIOD OF JULY 1, 2008 TO JUNE 30, 2009


Human Resources Director Sandra Abbey reported that the Public Safety Negotiating Committee and the Management Negotiating Committee have completed the process on this year’s Memorandum of Understanding (MOU).  Ms. Abbey recognized committee members for their work and time and reviewed the MOU between the Public Safety employees and the Town of Oro Valley for the period of July 1, 2008 to June 30, 2009.  She noted that the agreement included the following:

~Funding of the step plan
~Funding of merit increases based on performance
~A 1.5% Cost of Living Adjustment (COLA)
~A list of the benefits available to Public Safety employees
~A request from the Public Safety employees that the Council take a look at an   
  additional 1.5% annual adjustment during the mid-year Budget review

In response to a question from Council Member Abbott, Ms. Abbey explained that the 1.5% annual adjustment, which does not include a merit increase, would be applied to all Town employees.

MOTION: A motion was made by Vice Mayor Kunisch and seconded by Council Member Gillaspie to approve Resolution (R)08-56 adopting the Memorandum of Understanding between Public Safety employees and the Town of Oro Valley for the period of July 1, 2008 to June 30, 2009.

AMENDMENT TO THE MOTION: A motion was made by Council Member Carter and seconded by Council Member Abbott to amend the motion to exclude attachment D, the mid-year consideration of an additional 1% salary adjustment for Town employees, from the motion.

MOTION TO AMEND failed, 1-6 with Mayor Loomis, Vice Mayor Kunisch, Council Member Abbott, Council Member Garner, Council Member Gillaspie, and Council Member Latas opposed.

MOTION carried, 6-1 with Council Member Carter opposed.

9.

PRESENTATION ON PIMA ASSOCIATION OF GOVERNMENT (PAG) TRANSPORTATION IMPROVEMENT PROGRAM (TIP)


Engineering Division Manager Jose Rodriguez presented the Regional Transportation Improvement Program Overview:

~The Transportation Improvement Program (TIP) is a 5-year, federally mandated capital improvement program for transportation projects.  Regional Transportation Authority (RTA) funded projects we included in the TIP.
~The TIP implements the long-range 25-year Regional Transportation Plan (RTP).
~The Pima Association of Governments Regional Council adopted the 5-year Regional Transportation Improvement Program (2009-2013).
~Oro Valley approved TIP funding.

In response to a question from Council Member Garner, Mr. Rodriguez explained that air quality was a requirement of the TIP in order to receive federal funds.

Gary Hayes, PAG Executive Director, stated that PAG was responsible by the federal designation through the air quality maintenance plan for the region and that they were in maintenance status.

10.

PRESENTATION, DISCUSSION AND POSSIBLE ACTION ON REGIONAL TRANSPORTATION CORRIDOR STUDIES INCLUDING STUDIES RELATED TO THE LA CHOLLA BOULEVARD EXTENSION FROM TANGERINE ROAD TO ORACLE JUNCTION AS IDENTIFIED WITHIN BOTH THE STATE TRANSPORTATION SYSTEM AND REGIONAL CIRCULATION NEEDS FEASIBILITY STUDY (LOOP STUDY) AND THE SOUTHERN PINAL/NORTHERN PIMA CORRIDORS DEFINITION STUDY


Town Engineer Craig Civalier reviewed the Regional Transportation
Corridor Study, highlighting the La Cholla Boulevard Extension from Tangerine Road to Oracle Junction.  Mr. Civalier stated that the Town supported these studies and worked in conjunction with the Arizona Department of Transportation (ADOT) as well as Pima County.  He cited the need for the Town’s involvement in transportation planning as a way to avoid devastating consequences.

Mr. Civalier and Gary Hayes, Pima Association of Government (PAG) Executive Director, clarified the following facts surrounding the corridor studies:

~The Loop Study was put on hold in 2006 due to issues related to the study including a number of alternative routes which needed additional work.
~The Regional Transportation Plan was a 25 year plan
~No funding has been identified for work on La Cholla Boulevard north of Tangerine Road
~There were no alternate routes to be extended north
~The number of vehicles per day commuting from Pinal County in 2030 was projected to be five times the existing traffic.           
    
Mr. Civalier stated that Interstate 10 (I-10) was being upgraded and will be widened to 3 lanes from the northern Pima County border to Casa Grande. 

In response to questions from Council, PAG Planning Director Andy Gunning explained that the State should be ahead of congestion problems on I-10 after construction was finished.   

Mayor Loomis opened the floor for comments.

The following people spoke in opposition to the extension of La Cholla Boulevard, noting such reasons as water conservation, protection of wildlife and endangered species, and the expense of the project:

Geri Ottoboni, Oro Valley resident
Hector Conde, Oro Valley resident
Ron Wiener, Oro Valley resident
Tammy Kastre, Oro Valley resident
Bill Oetting, Oro Valley resident
Kathy Pastryk, Oro Valley resident
Howard Richmond, Oro Valley resident
Barry DiSimone, Non-resident

Oro Valley resident Bill Adler said that the focus of the study should be shifted to explore other approaches.

MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to move that the Town of Oro Valley continue to support the corridor studies in all facets, but that the potentially high capacity corridor as part of the State Route 77 Oracle Road Multimodal Corridor Profile Study in exhibit 7-1 and as otherwise referred to as the La Cholla Extension be removed from the planning maps being promulgated by PAG and the RTA.

MOTION carried, 7-0.

6.

PUBLIC HEARING - ORDINANCE NO. (O)08 - 13 AMENDING SECTION 16-1-5 OF CHAPTER 16, PARKS AND RECREATION OF THE ORO VALLEY TOWN CODE, REGARDING ELECTRIC-POWERED OR NON-POWERED MODEL AIRCRAFT OR GLIDERS, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER


Parks and Recreation Director Ainsley Legner explained that Ordinance (O)08-13 was an amendment to the Town Code, which currently prohibits the activity of flying model airplanes in parks.  Ms. Legner stated that if the amendment was approved, the Academy of Model Aeronautics (AMA) affiliated groups will be able to work with the Oro Valley Parks and Recreation and Legal departments to complete license agreements allowing them to perform this activity in the future.

Discussion followed regarding details of the license agreement, hours of operation and regulation of flight times, restrictions on how high planes can fly and where in the park planes would be permitted.

In response to a question from Mayor Loomis, Ms. Legner stated that the flying would be self-policed by the Sonoran Desert Flyers unless Parks and Recreation had reason to believe that there is a problem.

Mayor Loomis opened the public hearing.

The following people answered questions from Council Members on types of aircraft flown, how high planes were able to fly, and flight instruction.

Bob Schuman, Oro Valley resident and member of Sonoran Desert Flyers 
Bill Oetting, Oro Valley resident and La Cholla Airpark President

The following people spoke in favor of permitting the planes to fly:

Chet Oldakowski, Oro Valley resident
Konrad Kundig, Oro Valley resident

Mayor Loomis closed the public hearing.

MOTION: A motion was made by Council Member Latas and seconded by Council Member Carter to adopt Ordinance (O)08-13 amending section 16-1-5 of Chapter 16, Parks and Recreation of the Town Code with the following change to subsection L: Insert the wording "at altitudes below 200 feet above ground level" and replace "aircraft or gliders" to "aircraft" and that the hours of operation shall be 6:00 a.m. to 12:00 noon and that special events may be approved at the discretion of the Parks and Recreation Director.

MOTION carried, 6-1 with Council Member Abbott opposed.

Council Member Abbott stated her concerns were due to the fact that the Town did not receive input from the hospital or Davis Monthan Air Force Base.

4.

PUBLIC HEARING REGARDING INCREASING THE ALTERNATIVE WATER RESOURCES DEVELOPMENT IMPACT FEES


Water Utility Director Philip Saletta reviewed the proposed Alternative Water Resources Development Impact Fee (AWRDIF), the proposed draft Ordinance, and the Fee Schedule.

Mayor Loomis opened the Public Hearing.

Michael Guymon, Interim Executive Director of the Metropolitan Pima Alliance, stated that the Alliance worked with the Town and reached a common ground to phase-in these fees.   On behalf of the Alliance, Mr. Guymon asked the Council not to rescind these fees at the September 3, 2008 Council Meeting.

The following people spoke in opposition to increasing the Alternative Water Resources Development Impact Fees, noting reasons such as the hardship of our economy and challenges to the housing market and homebuilders.

Steve Solomon, Oro Valley resident
Randy Agron, Oro Valley resident
Thrac (Trace) Paulette, Oro Valley resident

Non-resident Dick Maes asked the Town to stay with the incremental agreement that was made last year.

Council Members discussed the impact fees as a way to afford growth.

5.

PUBLIC HEARING REGARDING THE TOWN OF ORO VALLEY PROPOSED ESTABLISHMENT OF IMPACT FEES FOR POLICE, PARKS AND RECREATION, TRANSPORTATION, GENERAL GOVERNMENT AND LIBRARY


Management Assistant Tory Schlievert presented a timeline, summary and cost index of the impact fees recommended by the TischlerBise Cost of Service Study for the following departments: Parks and Recreation, Library, Police, General Government and Transportation.  Ms. Schlievert gave the tentative adoption date of these fees as September 3, 2008 and the effective date would be December 2, 2008.

Vice Mayor Kunisch expressed his disapproval of the way the study was conducted. 

Mayor Loomis opened the Public Hearing.

Oro Valley resident Martha Briggs, an advocate for the Friends of Oro Valley Public Library, stated that the services the Town offered were the reason why Family Circle Magazine chose Oro Valley as one of the top places to live.

The following people spoke in opposition to the impact fees, citing that builders were burdened by the fees and the fact that residential growth pays for itself.

Steve Solomon, Oro Valley resident
David Godlewski, Non-resident, Southern Arizona Home Builder’s Association (SAHBA)
Randy Agron, Oro Valley resident

Bill Adler, Oro Valley resident, expressed concerns regarding inconsistency and fairness of what existing and new customers were paying for development impact fees.

7.

OV12-07-09 REQUEST FOR APPROVAL OF A DEVELOPMENT PLAN FOR THE STONE CANYON CLUBHOUSE, LOCATED ON THE STONE CANYON GOLF COURSE IN RANCHO VISTOSO


Planning and Zoning Director Sarah More presented the Stone Canyon Clubhouse Development Plan.  She noted that the new clubhouse was recommended by the Development Review Board (DRB) at their May 13, 2008 meeting.  Ms. More stated that the clubhouse was zoned for golf course use, met the plan policies and provided an open space trade that fit the requirements. 

Ms. More clarified parking lot calculations and explained the term "meaningful space" as natural, undisturbed, open space.

Paul Oland, The WLB Group, representing Vistoso Partners and Stone Canyon, reviewed the site plan and noted constraints.  Mr. Oland said the clubhouse building would be a great asset to the community.

In response to a question from Council Member Gillaspie, Mr. Oland stated that the tallest building would be 28 feet.

Discussion followed on the issue of open space, square footage and capacity of the clubhouse. 

MOTION: A motion was made by and seconded by to

MOTION carried, 7-0.

8.

OV12-05-28C REQUEST FOR APPROVAL BY CANADA VISTAS, REPRESENTED BY THE WLB GROUP, OF A PROPOSED OPEN SPACE TRADE IMPACTING THE PRELIMINARY PLAT AND LANDSCAPE PLAN FOR THE "LOFTS AT VISTOSO" CONDOMINIUMS AT VISTOSO TOWN CENTER, LOCATED AT THE SOUTHEAST CORNER OF RANCHO VISTOSO BOULEVARD AND MOORE ROAD


Planning and Zoning Director Sarah More reviewed the Open Space Trade Map for the Lofts at Vistoso.  Ms. More stated that this was a modification to the approved preliminary plat.

In response to questions from council members, Paul Oland with WLB Group answered that both the number and the size of the units had been reduced and that the General Plan Amendment proposed to pass more medium-high density residential on the northern edge of the town center, toward Honey Bee Wash.

MOTION: A motion was made by and seconded by to

MOTION carried, 7-0.

11.

FUTURE AGENDA ITEMS


Council Member Garner requested that a representative from Vestar present their plan of anticipated business that will come in to Oro Valley Marketplace.

Request seconded by Council Member Latas.

CALL TO AUDIENCE - No speakers

ADJOURNMENT

MOTION: A motion was made by Council Member Carter and seconded by Council Member Garner to adjourn at 11:41 p.m.

MOTION carried, 7-0.