MINUTES
ORO VALLEY TOWN COUNCIL
Regular Session
March 5, 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
Helen Dankwerth, Council Member
Barry Gillaspie, Council Member
Terry Parish, 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.

COUNCIL REPORTS - No reports.

DEPARTMENT REPORTS

Parks and Recreation Director Ainsley Reeder introduced the Town's new Aquatics Manger, Catherine Vorrasi.

Town Clerk Kathryn Cuvelier announced that the Primary Election date is March 11th and voters have until 7:00 p.m. that day to cast their ballots.  She stated that to date, 7,100 ballots have been received by the Pima County Recorder’s Office (represents 26% of the Town’s registered voters).  She announced that beginning Monday, March 10th there would also be a direct link on the Town’s website where citizens can observe the processing of the ballots with preliminary results being posted at 8:01 p.m. on Tuesday evening.

TOWN MANAGER’S REPORT - No report.

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

Mayor Loomis announced that Item 8 and Item 6 would be moved up on the agenda to follow Item 2.

CALL TO AUDIENCE - No speakers.

1.

CONSENT AGENDA


At the request of the Town Council, Mayor Loomis pulled Items B, D and H from the Consent Agenda for further discussion.

MOTION: A motion was made by Council Member Parish and seconded by Council Member Carter to approve the Consent Agenda with the exception of Items B, D and H.

MOTION carried, 7-0.

A.

Minutes - 2-13-08


B.

Resolution No. (R) 08- 07 Ordering and Calling a Special Bond Election to be held in and for the Town of Oro Valley, Arizona, on November 4, 2008, to Submit to the Qualified Electors Thereof the Question of Authorizing the Issuance and Sale of General Obligation Bonds, Naranja Town Site Improvements 2008 (PULLED FOR DISCUSSION)


Discussion followed regarding specific details of the official ballot language.

Keith Hoskins, Gust Rosenfeld, Bond Counsel, explained that a broader ballot was the most preferable but the publicity pamphlet can be more specific as to assessments, tax rates per home size and types of recreational facilities.   

MOTION: A motion was made by Council Member Abbott and seconded by Council Member Parish to approve Resolution (R)08-07 with ballot wording changed as follows: to issue and sell General Obligation Bonds of the Town in the principal amount of $48,600,000 to provide funds to design, construct, improve, furnish and equip general and supporting infrastructure, recreation facilities and improvements on or serving the property in the Town known as the Naranja Town Site, including earthwork, infrastructure, playfields, courts, outdoor recreation elements, support and parking for the site.....

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

Council Member Carter opposed the motion because of the price of the project.  He stated that some of the items should not be built at this time.

C.

Resolution No. (R) 08- 08 Authorizing and Approving an Intergovernmental Agreement between the Arizona Department of Revenue and the Town of Oro Valley Providing Taxpayer Joint Audits and a Uniform Method of Administration, Collection, Audit, and Licensing of Transaction Privilege Tax, Use Tax, Severance Tax, Jet Fuel Excise and Use Tax and Rental Occupancy Taxes Imposed by the State or Town


D.

Resolution No. (R) 08 - 09 Approval for a Recreational Area "in-Lieu Fee" proposal for the Enclave at Desert Sky Subdivision, located at 9797 N. Desert Sky Road, for Three Parcels 224-33-010B, C, & D OV12-06-23 (PULLED FOR DISCUSSION)


Mayor Loomis opened the floor for public comment.

Michael Commerford, Oro Valley resident, referenced the previous approval of the Preliminary Plat for this subdivision and stated that empty nesters were referenced but they were not prone to buying 2-story homes.  He stated that he felt that a number of homes would be sold to families with children so he did not feel that an in-lieu fee was appropriate as children would be playing in the road.  He also expressed concerns regarding the lack of a wall at the back of the homes. 

MOTION: A motion was made by Vice Mayor Kunisch and seconded by Council Member Abbott to approve Resolution (R)08-09, OV12-06-23, an in-lieu fee request for Enclave at Desert Sky as requested by Tom Bailey, T.D.B. Builders, represented by Physical Resource Engineering.  FRIENDLY AMENDMENTS AS ACCEPTED: The payment will be paid in full at one time as normally accepted for Oro Valley in-lieu fees.  Further, staff and the applicant will investigate a wall that will be approved by the Planning and Zoning Director if she finds that it is amenable to the property. 

Applicant Tom Bailey explained that they were prevented from adding a wall at their initial request but they would be happy to erect a wall or barrier on the northern part of the property.

Further discussion followed regarding in-lieu fees being paid on a per house basis and having the Planning and Zoning Director approve a wall if it is found to be amenable to the property and the type of wall that would be constructed.

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

E.

Resolution No. (R) 08 - 10 Accepting the bid and award of contract in the amount of $654,916.25 to Southern Arizona Paving & Construction Company for the Rancho Vistoso Boulevard Overlay: Big Wash Bridge to Vistoso Highlands Drive, Project No. OV 30 07/08 13


F.

Resolution No. (R) 08 - 11 Accepting the bid and award of contract in the amount of $134,062.00 to Southern Arizona Paving & Construction Company for the Copper Creek Pavement Rehabilitation Phase 3, Project No. OV 30 07/08 06


G.

Resolution No. (R) 08 - 12 Accepting the bid and award of contract in the amount of $49,937.50 to Southern Arizona Paving & Construction Company for the Palisades Drainage Improvements, Project No OV 30 07/08 12


H.

Resolution No. (R) 08 - 13 Award of contract for Professional Engineering Services to Kittelson & Associates, Inc. in the amount of $210,000.00 to upgrade 100% Design plans (Phase I) for Lambert Lane: Rancho Sonora to La Cholla Boulevard Project No. OV 30 99/00 07 to current conditions.


MOTION: A motion was made by Vice Mayor Kunisch and seconded by Council Member Dankwerth to continue Resolution (R)08-13, award of contract for professional engineering services to Kittelson & Associates in the amount of $210,000.00 to upgrade 100% design plans for Lambert Lane (Phase I): Rancho Sonora to La Cholla Boulevard, Project NO. OV 30 99/00 07 to the March 19, 2008 meeting to clarify the limits of the design contract from Autumn Hills Drive to La Cholla Boulevard.

MOTION carried, 7-0.

I.

Resolution No. (R) 08- 14 Approving an Extension of the Master Operating Agreement Between the Town of Oro Valley and the Greater Oro Valley Arts Council (GOVAC)


2.

OV12-07-01 REQUEST FOR APPROVAL OF A DEVELOPMENT PLAN/PRELIMINARY PLAT FOR "INNOVATION COMMERCE CAMPUS" LOCATED AT THE NORTHWEST CORNER OF RANCHO VISTOSO BOULEVARD AND VISTOSO COMMERCE LOOP (CONTINUED FROM FEBRUARY 20, 2008) Explanation: The zoning is Rancho Vistoso Planned Area Development Campus Park Industrial (CPI) and is approximately 15.23 acres. Professional office and industrial uses are proposed. A request from the applicant has been received asking for a continuance of this item to March 19, 2008.


MOTION: A motion was made by Council Member Parish and seconded by Council Member Carter to continue OV12-07-01 to the March 19, 2008 meeting.

MOTION carried, 7-0.

8.

DISCUSSION AND POSSIBLE ACTION REGARDING THE AUTHORIZATION TO TRANSFER CONTINGENCY FUNDS TO INCREASE THE TOWN’S FISCAL YEAR 2007-2008 FUNDING AMOUNT FOR GOVAC, NOT TO EXCEED $60,000


Council Member Dankwerth recused herself from this item due to the fact that her husband is on the Greater Oro Valley Arts Council (GOVAC) board.

Satish Hiremath, President of GOVAC, reviewed GOVAC’s value to the Town of Oro Valley.  He explained that GOVAC was an element in the Town’s General Plan and they serviced approximately 65,000 people.  Mr. Hiremath explained that they have restructured staff, the Board of Directors and internal aspects.  He further stated that they are predicting a shortfall of $59,048.

Discussion followed regarding: the shortfall and protecting monies, providing annual budget information during renegotiations and what the Town staff provides as support, GOVAC’s Master Operating Agreement with the Town, and the fact that GOVAC has been a great source of community expression.

MOTION: A motion was made by Council Member Carter and seconded by Vice Mayor Kunisch to approve a $59,048 increase in the Greater Oro Valley Arts Council contribution for fiscal year 2007-08 to be funded from the General Fund Contingency.

MOTION carried, 6-0.

Council Member Dankwerth returned to the meeting.

6.

REQUEST TO INITIATE A GENERAL PLAN AMENDMENT FOR THE ARROYO GRANDE PLANNING AREA BY ARIZONA STATE LAND DEPARTMENT


Michele Muench, representing the Arizona State Land Department (ASLD), commented that the Arroyo Grande plan is a regional planning effort in southern Arizona.  She highlighted the following:
~ Approximately 9,000 acres of State Trust Land has been identified for evaluation and conceptual planning.
~ Look at refining the Town’s current General Land Use Plan.
~ Allocate more open space (68% open space) and wildlife habitat.
~ ASLD is committed to dialogue with surrounding communities.
~ General Plan amendment incorporated smart regional growth.
~ Must maximize revenue for the Trust beneficiaries. 
~ Potential development is years in the future.
~ Subsequent planning sessions will be forthcoming.

Planning and Zoning Director Sarah More commented that the Arizona State Land Department (ASLD) was requesting an initiation of a General Plan amendment.  She highlighted the following Guiding Principles:
~ Adherence to the Pima County Sonoran Desert Conservation Plan/Conservation Land System as endorsed by the Town Council February 24, 1999.
~ Land designated Open Space and for wildlife corridor will be public, natural open space.
~ Infrastructure studies prior to zoning entitlements to assure transportation, water, etc. needs are met.
~ The community has a voice - this is a public process.
~ Protect the interests of current and future Oro Valley residents.
~ Protect the environment: riparian areas, wildlife, hillsides, native plants and wildlife.

Ms. More explained that the General Plan was a public policy related to land use and development- a blueprint for future development.  She stated that the General Plan was general and broad in nature, and included land use, transportation, environmental, economic and social goals of the community.  She noted that it iwas long range and incorporates a land use map.

Ms. More reviewed the General Plan Amendment Process and then highlighted the following:
~ General Plan Amendment Review Criteria:
  - Consistent with the vision, goals, and policies of the Town’s General Plan.
  - Sustainable by contributing to betterment of community.
  - Community and environmental compatibility.
  - Is viable, reflects market demand.
  - Mitigation measures defined to address impacts.
  - Staff and public input process will result in the development of conditions and policy that will become part of the General Plan for this area.
  - No zoning entitlements will be granted by Town Council without conformance to the conditions developed as part of the General Plan amendment.
~ Future Phases:
 - General Plan amendment does NOT include the following, but they will occur before any development:
 - Town files annexation request with ASLD
  - Pre-annexation development agreement - reviewed by the Planning and Zoning Commission before Town Council consideration.
  - Concurrent Town study of environmentally sensitive lands to be protected.
  - Annexation plus original Town zoning (must be same as Pima County zoning).
  - Urban Planning Permit issued by ASLD to developer.
  - Infrastructure and other studies completed.
  - Zoning process - public hearings.
  - Town’s development review process (2 - 3 years).

Discussion followed regarding: transportation and infrastructure requirements, ambitious time line is a projection but not a requirement, and the Town’s General Plan has always depicted the planning area up to the Pinal County line. 

Mayor Loomis opened the floor for pubilic comment.

Sandra Hoy Johnson, Oro Valley resident, referenced two news articles regarding air quality.  She expressed her concerns of the impact of increased traffic on the region’s air quality.

Wes Stolsek, non-Oro Valley resident, thanked the Town and the State Land Department for coming to Catalina.  He further encouraged that water studies be conducted independently from the Central Arizona Project (CAP). 

Council Member Gillaspie reported that population projections for Pinal County to the north were estimated to increase 225% in the next 45-50 years with 3,900 homes currently approved.  He commented that continued pressure on Oracle Road will rise as predicted by the Pima Association of Governments.  He stated that the Town and Pima County have identified numerous issues that must be determined before rezoning or development can happen.  He said that the General Plan amendment, pre-annexation, etc. will give people the opportunity to confront the issues. 

MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Parish to initiate a General Plan amendment for the Arroyo Grande planning area as was stated by our citizens by adoption of the General Plan in 2005 and as requested by the Arizona State Land Department and furthermore, that the Oro Valley Council provide direction to the Oro Valley Planning and Zoning Commission to address policies that assure, but are not limited to, adherence to the Sonoran Desert Conservation Plan and Conservation Land System, open space dedications of 68% as presented in the current plan, open space areas adjacent to the Tortolita Mountain Park be dedicated for public use, that wildlife corridors be addressed for public protection, that adequate water supply must be assured, all riparian areas are to be protected from adverse impacts of any type including the impacts of water withdrawal, and that development and associated infrastructure which include things like sewers and roads, pay its own way and mitigate the impacts to the transportation system.

Discussion followed regarding: annexation into Oro Valley, growth was inevitable, protection from wildcat subdivisions, making sure that what comes in is at strict Oro Valley standards, initiation of a General Plan amendment was on the agenda at this time, giving all citizens a voice, Town working with the State and Pima County and citizens of Arizona, supporting the Sonoran Desert Conservation Plan, and having the opportunity to do the right thing.

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

Council Member Abbott was opposed as she felt that this action was premature.  She wanted to see the ESLO Ordinance in place as there has been controversy in the past regarding the Town’s protection of wildlife corridors and riparian areas.

Mayor Loomis recessed at 8:40 p.m.   The meeting resumed at 8:48 p.m.

3.

PUBLIC HEARING - CONSIDERATION AND POSSIBLE APPROVAL OF AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR OLIVE GARDEN ITALIAN RESTAURANT #1754 TO BE LOCATED AT THE SOUTHWEST CORNER OF TANGERINE ROAD AND ORACLE ROAD LOCATED ON LOT 19 IN THE ORO VALLEY MARKETPLACE


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

MOTION: A motion was made by Council Member Parish and seconded by Council Member Dankwerth to recommend approval of the issuance of the Series 12 Liquor License to the Arizona State Liquor Board for Mr. Kevin Kelly and principals at Olive Garden #1754 to be located at the southwest corner of Tangerine Road and Oracle Road, lot 19 in the Oro Valley Marketplace.

MOTION carried, 7-0.

4.

PUBLIC HEARING - ORDINANCE NO. (O) 08- 05 AMENDING CHAPTER 3, ADMINISTRATION OF THE ORO VALLEY TOWN CODE, AT SECTION 3-2-1; TO ALLOW THE TOWN MANAGER TO ENTER INTO EASEMENT AGREEMENTS OR UTILITY SERVICE AGREEMENTS WITH PUBLIC UTILITY COMPANIES TO PROVIDE SERVICE TO PUBLIC WORKS PROJECTS UPON TOWN-OWNED REAL PROPERTY


Town Attorney Tobin Rosen explained that approval of this Ordinance would allow the Town Manager to enter into easement agreements or utility service agreements with public utility companies which would help eliminate timing issues.  In response to a question from Council Member Parish and Council Member Abbott, he explained that this does not amend provisions in the Town Code regarding undergrounding power lines but only applied to easements on projects on Town property.

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

MOTION: A motion was made by Council Member Parish and seconded by Vice Mayor Kunisch to adopt Ordinance (O)08-05 amending Section 3-2-1 of the Oro Valley Town Code to authorize the Town Manager to enter into Easements or Utility Service Agreements with Public Utility Companies to provide utility service upon Town-owned real property.

MOTION carried, 7-0.

5.

PUBLIC HEARING - RESOLUTION NO. (R) 08 - 15 REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO PROFESSIONAL SELF MANAGEMENT FOR A SELF STORAGE FACILITY, LOCATED WITHIN MERCADO DEL RIO COMMERCIAL SUBDIVISION OFF PUSCH VIEW LANE DIRECTLY WEST OF ORACLE ROAD, FOR PORTIONS OF LOTS 8, 9 AND 10 AS CURRENTLY RECORDED IN BOOK 59, MAP 28


Planning and Zoning Director Sarah More stated that the property owner has asked for continuance due to illness.

MOTION: A motion was made by Council Member Parish and seconded by Vice Mayor Kunisch to continue this item until the first meeting in April (April 2nd).

MOTION carried, 7-0.

7.

REQUEST FOR APPROVAL, PLANNING AND ZONING WORK PLAN AND DISCUSSION OF LEVELS OF SERVICE


A.

CONSIDERATION AND POSSIBLE APPROVAL OF EXPENDITURE OF $175,000 FROM CONTINGENCY FUNDS FOR CONSULTING SERVICES; ENVIRONMENTALLY SENSITIVE LANDS ORDINANCE


B.

CONSIDERATION AND POSSIBLE APPROVAL OF A NEW SENIOR PLANNING POSITION OR CONTRACT PLANNER TO WORK ON HIGH PRIORITY WORK PLAN ITEMS; ENVIRONMENTALLY SENSITIVE LANDS ORDINANCE (EXPENDITURE TO COME FROM THE CONTINGENCY FUNDS)


Planning and Zoning Director Sarah More stated that the Planning and Zoning Department was working on identifying priorities for the next fiscal year. She also requested that the Council provide direction regarding public art, review of color palettes by the Development Review Board and public noticing requirements.  She then highlighted the following: 
~ Level of Service proposal identifying current staffing levels and programs.
~ Public outreach and participation.  (Larger posting signs and larger noticing area would require more funding).
~ Arroyo Grande project needed planning and consulting staff to assist.
~ Steam Pump Ranch Master Plan project implementation.
~ Development review process.
~ Zoning enforcement.
~ Environmentally Sensitive Lands Ordinance (ESLO) - $175,000 funding.
~ Review of Town Zoning Code amendments.
~ Arroyo Grande - Will take up significant amount of Director’s, support staff and planner’s time (at least a 2 year project; could contract out some work).

Discussion followed regarding: the Work Plan items as presented, the importance of Arroyo Grande and the ESLO Ordinance, possible re-establishment of the ESLO committee, Sustainability Program for incentives for Green Building and Town practices, importance of Town staff understanding what the Council wants, ESLO- possibly asking a consultant to look at existing ordinances and advise on revisions or improvements (technical analysis and draft proposals, integrate Geographic Information System (GIS) of Pima County and Arizona Land Department and fine tune inventory, mapping and ordinances).

Mayor Loomis opened the floor for public comment.

Carl Boswell, Oro Valley resident, stated that it was important to initiate efforts towards developing the ESLO as this will show that the Town was serious about managing the property (Arroyo Grande).  He stated that $175,000 is an investment towards developing this ordinance.  He said that the Town should reinstate the ESLO citizen committee and hire a consultant.  He stated that the citizen’s committee members could review the Town’s ordinances.

Doug McKee, Planning and Zoning Commission Chair, stated that a Council directive has been given regarding Arroyo Grande and to do this effectively, the work that Ms. More has proposed must be done.  He stated that the Commission has supported the extra effort being asked for.  He addressed the ESLO, zoning codes, industry and housing.  He stated that the he felt that the current level of planning and zoning staff was low for all the effort that was required.  He further stated that we need to insure that development pays as it goes.  Mr. McKee supported giving Ms. More more resources immediately.

Bill Adler, Planning and Zoning Commission Member, stated that the majority of the Commission has recommended the Work Plan.  He stated that he does not understand procrastination.  He said that the Town does not have a Complimentary Use Plan or Contemporary Recreational Code and the Hillside Ordinance did not protect hillsides and if we want to protect topographical features, we must have Codes current and in place.  Mr. Adler stated that commitments must be made to riparian, landscape, floodplain, water, and air issues if the Town signed a contract with the State.  He commented that if we are serious about getting people attached to the Arroyo Grande project then the approval of the Work Plan was necessary.

Council Member Gillaspie expressed his support for the comments just made and what Ms. More has stated that they need to do.  He stated, however, that more time should be given to restructure the Work Plan and to adequately fund resources. 

Town Manager David Andrews commented that another week or two would be good as staff was currently preparing next year’s revenue estimates.  He also stated that staff knows that Council was interested in pursuing the General Plan amendment and the potential annexation of Arroyo Grande.

Further discussion followed regarding: removing the wording in the Work Plan that references "extending into Pinal County" and changing it to "up to the Pinal County line", moving forward with the ESLO item immediately, moving unspent monies forward to the next fiscal year if the money was earmarked for consulting services or capital projects, and the priority for discussion of the existing ESLO funding.

ITEM 7-A

MOTION: A motion was made by Council Member Parish and seconded by Council Member Gillaspie to approve the funding in the amount of $175,000 for the ESLO and to direct the Planning and Zoning Director and staff to rewrite the Request for Proposal (RFP) as needed to make it a priority in the future and to continue the Work Plan to the first meeting in April so we can work out any "kinks". 

Discussion followed regarding: having the ability to affect the zoning before entitlements were in place, defining critical areas, continuing the Work Plan and getting a better financial picture from Town staff, possible continuance of the entire item with direction to staff to provide more information on how many phases and what the costs and deliverables would be for the ESLO.

MOTION carried, 6-1 with Mayor Loomis opposed.

Mayor Loomis opposed the motion due to questions about what the final product would be for the ESLO (reorganizing, inventory of Arroyo Grande, etc.).

MOTION: A motion was made by Council Member Abbott to direct staff to look into hiring a Contract Planner specifically to focus on the ESLO.  Motion failed due to lack of second.

In response to a question from Council Member Dankwerth, Town Manager David Andrews explained that it was his hope that the hiring of the contract planner could be addressed when the Work Plan comes back to the Council in April for consideration.  This would give staff a chance to look at revenues for the next fiscal year.

ITEM 7-B

MOTION: A motion was made by Council Member Carter and seconded by Council Member Parish to continue Item B, consideration of a new Senior Planning position or Contract Planner to work on high priority work plan items: Environmentally Sensitive Lands Ordinance, to April. 

MOTION carried, 7-0.

9.

FUTURE AGENDA ITEMS - None presented.


CALL TO AUDIENCE -  No speakers.

ADJOURNMENT

MOTION: A motion was made by Council Member Carter and seconded by Vice Mayor Kunisch to adjourn at 10:07 p.m.

MOTION carried, 7-0.