MINUTES
ORO VALLEY TOWN COUNCIL
Regular Session
April 2, 2008
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
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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
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Mayor Loomis led the audience in the Pledge of Allegiance.
Town Manager David Andrews reviewed the upcoming meetings and events.
Town Engineer Craig Civalier stated that representatives from the Town of Oro Valley Public Works Department competed in the annual Maintenance Superintendents Association's Equipment Rodeo. He informed Council that the Town of Oro Valley won first place. He announced the Town's placement in the following categories:
~First Place Awards
*Ten Wheeler
*Backhoe
*Grader
~Second Place Awards
*Sign Installation
*Master Equipment Operator
He noted that three third place awards were received as well.
Town Clerk Kathi Cuvelier introduced the Town Clerk Department's new Senior Office Assistant Elana Kyrala-Fisher.
TOWN MANAGER’S REPORT - No report.
ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING
CALL TO AUDIENCE
Oro Valley resident Joe Hornat conveyed that Oro Valley ranked forty-fourth on the "Best Places to Live and Launch" list. He stated that he felt the ranking should have been higher. He thanked Council, previous Councils and Staff for making Oro Valley a great place to be.
Oro Valley resident Art Segal reported that the lawsuit filed by the Goldwater Institute suit was overruled found in favor of the City of Phoenix.
Presentation of Plaque of Appreciation to Marjorie Gerdes for her service to the Oro Valley Public Library from February 2001 to February 2008
Mayor Loomis presented the plaque to Ms. Gerdes.
Presentation to student competitors, Oro Valley Community Foundation (OVCF) Logo Design
Communications Admininstrator Mary Davis stated that the Oro Valley Community Foundation (OVCF) held a contest to develop a logo for the foundation. She noted that entries were received from Canyon del Oro High School, Ironwood Ridge High School and Immaculate Heart High School for a total of 37 entries.
OVCF Chairman Dick Eggerding and Mayor Loomis distributed the scholarships to the recipients:
~Natalya Williams, Immaculate Heart High School - awarded Third Place and $100.00.
~Amy Thayer, Ironwood Ridge High School - awarded Second Place and $200.00.
~Krista Moring, Ironwood Ridge High School - awarded First Place and $300.00.
Council Members pulled items E, F, G, and H for discussion.
MOTION: A motion was made by Council Member Dankwerth and seconded by Vice Mayor Kunisch to approve the Consent Agenda with the exception of Items E, F, G, and H.
MOTION carried, 7-0.
| A. |
Minutes - March 5, 12, 2008 |
| B. |
Building Safety Activity Report - February 2008 |
| C. |
Police Report - February 2008 |
| D. |
Resolution No. (R)08 - 22 Declaring as a public record that certain document filed with the Town Clerk and entitled "The 2008 amendments to the Tax Code of the Town of Oro Valley, Arizona" |
Council Member Dankwerth stated that the Town has committed it’s share of the Heritage Fund, however the park may not be realized due to repercussions from the State’s budget shortfall.
MOTION: A motion was made by Council Member Dankwerth and seconded by Vice Mayor Kunisch to approve Item E.
MOTION carried, 7-0.
In response to Council Member Abbott's question, Town Engineer Craig Civalier stated that the Regional Transit Authority's (RTA) IGA was the foundation for transit in Oro Valley. He stated that the Park and Ride site will be link of the Sun Tran fixed route which is scheduled to begin in 2012. He noted that it would also serve as the beginning point for express routes to downtown and Raytheon and would enable carpooling and vanpooling.
Mr. Civalier informed Council that the Transit and Police departments would work together during the design phase regarding security cameras. He further stated that due to the cross access easements between the parcels to the east and west, a fence could not be erected; however landscaping could be used as a buffer.
Mayor Loomis opened the floor for public comment.
Oro Valley resident Geri Ottoboni noted that she lived in Rancho Vistoso's Neighborhood 2. She stated that the Park and Ride would serve to increase traffic in her area. She stated her concerns about the air quality deteriorating and the loss of views. She urged Council to move the Park and Ride to another location.
MOTION: A motion was made by Council Member Parish and seconded by Vice Mayor Kunisch to approve Item F.
Council Member Abbott noted her reservations regarding this item’s location; however she believed that this was an important issue. She stated that Staff had investigated other sites and were turned down which limited options. She stated that this one acre area was key to circulation and noted her commitment to safety in the area.
Council Member Gillaspie stated his appreciation for Ms. Ottoboni’s comments and noted that Oro Valley was lagging far behind in transit services. He stated that this would help to alleviate air pollution and traffic congestion.
MOTION carried, 7-0.
Council Member Gillaspie stated he was proud of the hard work that Oro Valley Water Utility Staff and the board members of the Water Utility Commission have exerted on this issue. He noted that all were working on the citizens’ behalf and were fully aware of the issues that lay before them.
MOTION: A motion was made by Council Member Gillaspie and seconded by Vice Mayor Kunisch to approve Item G.
MOTION carried, 7-0.
Discussion ensued regarding the Community Funding process which noted:
~Forms had been made available.
~The deadline for submissions had passed.
~The applications that have been received will be reviewed by Council at a future Budget Study Session.
~The process was approved by Council last month.
~This request would apply to fiscal year 2007-2008.
~Information requested of applicant
~Verification of non-profit status
Mr. Eggerding clarified that the funds requested were not to be confused with endowment funds or the Greater Oro Valley Arts Committee (GOVAC).
It was noted that GOVAC receives funding from the OVCF endowment and that the OVCF raises funds for a variety of recipients in the community.
OVCF Board Member Charles Johnson stated that the Foundation’s goal was to serve the public in a broad way. He noted that the funds requested were to enable the Foundation to broadcast its inception and desire to serve the community.
MOTION: A motion was made by Council Member Carter and seconded by Council Member Abbott to continue Item H to fiscal year 2008-2009.
Council Member Parish noted that as the OVCF becomes known then they could solicit funding through partnerships and donations. He stated that it was important for the Town to show its support.
Council Member Kunisch stated that the Foundation encouraged volunteerism and donations and that he could only see good things coming from the Foundation.
Mayor Loomis stated that the process established for requesting funds was for fiscal year 2007-2008. He noted that the issue regarded spreading awareness of the Foundation’s existence. He stated that he had been asked on numerous occasions whether Oro Valley had a community foundation. He explained that this was an example of the need for awareness as there are citizens that wish to donate.
Council Member Parish noted that the Foundation has the ability to impact the entire community.
Council Member Dankwerth stated that she regarded the request as "seed" money which could come from the General Administration Budget. She noted that she did not think there would be funds available in next year’s budget.
Council Member Gillaspie stated that to approve this outside the established process would set a bad precedent.
MOTION failed, 3-4 with Mayor Loomis, Vice Mayor Kunisch, Council Member Dankwerth, and Council Member Parish opposed.
MOTION: A motion was made by Council Member Parish and seconded by Vice Mayor Kunisch to approve Item H.
MOTION carried, 4-3 with Council Member Abbott, Council Member Carter, and Council Member Gillaspie opposed.
| I. |
Appointment of Donald Taylor to the Municipal Property Corporation with term effective April 2, 2008 - April 1, 2011 |
Town Attorney Tobin Rosen introduced the item. He noted that:
~Vehicles could not idle near a developed residential zone within Town limits.
~Idling between the hours of 7:00 p.m. and 7:00 a.m. would be in violation.
~Idling at any other time for 30 minutes or more would be in violation.
~Exceptions to the amendment would be for emergency purposes only.
Mayor Loomis opened the public hearing at 8:00 p.m.
Oro Valley resident Art Segal spoke on behalf of Oro Valley resident John Mussolf and noted his objection to this ordinance. Mr. Segal commended Council Member Gillaspie for bringing this issue forward and also asked to see the wording clarified.
Mayor Loomis closed the public hearing at 8:03 p.m.
Discussion ensued which noted:
~If a specific distance were specified, it could create problems.
~The need for more specific wording.
~The ordinance addressed commercial and diesel vehicles.
~Violation of the proposed ordinance would result in a Class 1 Misdemeanor.
MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Carter to approve Ordinance (O)08-06 amending Oro Valley Town Code Section 10-1-5, nuisances to add 10-1-5(B), idling motor vehicles.
MOTION carried, 7-0.
Mayor Loomis called for a recess at 8:10 p.m. The meeting resumed at 8:21 p.m.
Town Attorney Tobin Rosen stated that this ordinance would amend the Town Code to create an Extended Construction Hours Work permit - allowing work to begin before dawn or 6:00 a.m. whichever is later under certain conditions. He noted that an application must be submitted seven days prior to construction and demonstrate that several conditions were met to qualify for consideration:
1)Would not impair the public health, safety and welfare.
2)Circumstances justify the permit.
3)Least intrusive means to complete the necessary work.
4)Must provide sufficient mitigation measures.
He noted that 48 hours notification to surrounding residents would be required.
Building Safety Director Suzanne Smith noted that this ordinance would create a process for:
~Mitigating circumstances such as:
*Weather
*Large concrete pours
*Expedited schedules for the public good.
~Notification of residents
~Monitoring of construction outside of normal work hours.
She stated that she investigated other jurisdictions and found that all had such ordinances in place. She stated that most of the jurisdictions surveyed had summer concrete pour hours.
Discussion ensued regarding:
~The definition of "public good."
~Determining who would be responsible for notifying residents.
~Revocation of the permit for 6 months when violations occur.
*Would apply to the Extended Work Hours permit only.
-Could not apply for another Extended Work Hours permit during the 6 month revocation.
*Would not be a threat to the construction industry.
~Assurance for residents that contractors were held accountable.
~Oro Valley Police Department (OVPD) would enforce the ordinance.
~Town Engineer and Building Safety inspectors would review the applications.
~OVPD and departments involved would be notified of permits issued.
Chief Sharp informed Council that a copy of the permit would be sent to the police department and a permit would have to be at the site; otherwise the work would be stopped and the contractors would be referred to Building Safety.
Mayor Loomis opened the public hearing at 8:50 p.m.
Oro Valley resident Paula Donley stated that she lives next to a construction site. She noted that she appreciated cases where some activity must occur in the evening and that construction was necessary for progress and that the strength of a community was tolerance. She stated her appreciation for receiving notice and Staff’s review because they are people who know their jobs and are professionals. She noted her support for the item.
Oro Valley resident Pat Kinsmen stated that regardless of notification the noise will still disrupt people’s schedules. She noted that the contractor should be held responsible for meeting ordinance requirements.
Oro Valley resident Art Segal spoke on behalf of Oro Valley resident John Mussolf. He stated that the current ordinance made sense and that Mr. Mussolf was against this amendment. Mr. Segal questioned who initiated this amendment and that he felt it was developer friendly.
Council Member Elect Bill Garner stated he had several issues with this ordinance. He stated that the wording "to be determined," was a loophole. He noted that adjacent properties should be noticed and that such notices should be posted on the Town’s website. He stated that this legislation had too much leeway. He questioned what kind of recourse residents would have.
Oro Valley resident Bill Adler stated that the wording in the ordinance needed more definition.
Oro Valley resident Zev Cywan stated that there was a lack of specificity in the ordinance.
Mayor Loomis closed the public hearing at 9:07 p.m.
Assistant Town Manager Jerene Watson noted that public complaints submitted last fall generated this proposal. She stated that the findings indicated that residents were not notified of evening concrete pours. She noted that this ordinance provided parameters for construction such as when and how work was conducted outside of normal business hours and when residents should be notified.
Council Member Parish stated that the reasons for generating this ordinance were valid, however this ordinance was incomplete. He noted that the distance required for notifying people needed defining and that the wording also needed clarification. He stated that enforcement should not be the responsibility of the police department but rather the Building Safety inspectors as they have the expertise.
MOTION: A motion was made by Council Member Parish and seconded by Vice Mayor Kunisch to continue the item FRIENDLY AMENDMENT AS ACCEPTED: to allow it to be revised based on the testimony that has been heard with special attention paid to paragraphs D, F and H of Section 2.
Council Member Abbott expressed concern that the current code was not enforced and did not want to expand the code for that reason.
Council Member Parish thanked Staff for the attempt to close the gap on the issue.
MOTION carried, 7-0.
Town Engineer Craig Civalier presented the item. He discussed the recommended documentation:
~Specific dedication to convey all parcels
~Title insurance and warranty deeds
~Accurate right-of-way map
~Title report
~Consent of transfer from utility companies
~History of maintenance
Mayor Loomis opened the public hearing at 9:22 p.m. There being no speakers, he closed the public hearing.
MOTION: A motion was made by Council Member Carter and seconded by Council Member Dankwerth to approve Resolution No. (R)08-25 accepting those streets within the Verde Catalina Townhouses I, located off of Mountain Vista Drive approximately one quarter mile north of Magee Road on the east side of Oracle Road, as public streets.
It was noted that $35K would come from the Highway Contingency Fund for this item. Council Member Abbott stated her objection to this course of funding however she would vote in favor of it because the residents wanted it.
MOTION carried, 7-0.
Mayor Loomis called for a recess at 9:25 p.m. The meeting resumed 9:30 p.m.
Town Clerk Kathi Cuvelier stated that the applicant had withdrawn the application.
MOTION: A motion was made by Council Member Parish and seconded by Vice Mayor Kunisch to table the item indefinitely.
Council Members Dankwerth and Abbott were not present for the motion.
MOTION carried, 5-0.
Town Manager David Andrews gave a brief history of the item. He stated that the Arizona State Land Department (ASLD) required a Pre-Annexation Development Agreement (PADA) and that Staff was seeking Council approval to form a negotiations support team. He noted that the General Plan Amendment that Council approved in March would be the starting point to base negotiations.
He noted the following individuals would serve on the Negotiation Support Team:
~Tobin Rosen, Town Attorney ~Sarah More, Planning and Zoning Director
~Scott Ruby, Outside Legal Counsel
~David Andrews, Town Manager
~Jerene Watson, Assistant Town Manager ~Craig Civalier, Town Engineer/Public Works Director
~Philip Saletta, Water Utility Director ~Mary Davis, Communications Administrator
~Scott Nelson, Special Projects Coordinator ~Tory Schlievert, Management Assistant
~Barry Gillaspie, Council Member ~Helen Dankwerth, Council Member
Direct Negotiating Team members included:
| Town of Oro Valley | ASLD |
| Tobin Rosen, Town Attorney | David Jacobs, Arizona Attorney General’s Office |
| Sarah More, Planning and Zoning Director | Michelle Muench, ASLD |
| Scott Ruby, Outside Legal Counsel | |
Mr. Andrews discussed the public participation for the General Plan Amendment:
~Public will be highly involved in the General Plan Amendment process
~Council-appointed citizen committee to guide the communications
~Study sessions
~Neighborhood meetings
~Public hearings
~Series of open houses for citizens and stakeholders to review and make comments
~Hold public presentations at the request of community groups
~Upload and update information on the Town’s website
~Updates through the Oro Valley Vista
~Online surveys and other data gathering tools
~Provide media updates and a full schedule of the meetings for public notification
~The PADA will also be reviewed by the Planning and Zoning Commission prior to submission to Council
| Estimated Costs | |
| Outside Counsel | $250,000 |
| ESLO | $175,000 |
| Planner Position | $ 85,000 |
| Total | $510,000 |
Mr. Andrews discussed the Timeline draft.
Planning and Zoning Director Sarah More discussed the timeline in greater detail. She stated the Town’s desire to initiate open house opportunities. She noted that a minimum of two public hearings were required by state law.
Mayor Loomis introduced Scott Ruby of Gust Rosenfeld. Mr. Ruby stated that his practice specialized in public law. He presented his experience as an attorney and his extensive dealings with the ASLD.
Mr. Ruby noted that an executive session could be warranted for Council to discuss drafts. He noted that drafts should not be made public and by law were not considered a public record. He stated that making drafts public, impeded negotiations.
Mayor Loomis opened the floor for public comment.
Oro Valley resident Kathy Pastryk commended the compilation of factors to be considered. She stated that she wanted roads and infrastructure defined. She noted her concerns regarding water supply, air quality, traffic, and the environment.
Oro Valley resident Joe Hornat suggested that it would be important to have citizen awareness. He stated that having someone other than an appointee to bear witness to the negotiations would help the citizens understand the plans for the area.
Carolyn Campbell of the Coalition for Sonoran Desert Protection noted her gratitude to the Town for planning to adhere to the Sonoran Desert Conservation Plan. She requested that discussion and language be left until the end of the General Plan Amendment process. She noted that entitlements in the development agreement should not be entered into too quickly as rezoning issues may still need to be addressed.
Council Member Gillaspie stated that the fact that the Town doesn't have certain ordinances in place is critical. Whether or not the State of Arizona/State Land Department is going to continue to negotiate with us when we’re clearly going to be advocating to live up to our commitments and protect certain values that we hold high is an issue. He felt that huge mistakes have been made in the Town over the past thirty years by committing to zoning entitlements through PAD’s (Planned Area Development) that are too general for us to really regulate entitlements at a granular level when we get to things like protecting wildlife corridors.
MOTION: A motion was made by Council Member Abbott to wait to move forward with the PADA. Motion failed due to lack of second.
MOTION: A motion was made by Council Member Parish and seconded by Vice Mayor Kunisch to authorize and direct the Town Manager to begin negotiations of a pre-annexation development agreement with the Arizona State Land Department for the Arroyo Grande Planning area.
Council Member Parish called for the question. Motion carried 6-1 with Council Member Abbott opposed.
MOTION carried, 6-1 with Council Member Abbott opposed.
Planning and Zoning Director Sarah More presented the item and noted that the Planning and Zoning Commission recommended approval.
Discussion ensued regarding the lack of staffing in the Planning and Zoning department. It was noted that if the proposal for 2.5 positions were approved, a vast amount of work could be accomplished by the end of the next fiscal year. It was emphasized that with the Arroyo Grande Plan Amendments and the preparations necessary to proceed forward, additional staff would be critical to accomplish those tasks.
MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Parish to approve the Planning and Zoning Department Work Plan and to authorize the additional personnel to implement the Work Plan as requested.
MOTION carried, 7-0.
ADJOURNMENT
MOTION: A motion was made by Council Member Carter and seconded by Vice Mayor Kunisch to adjourn.
MOTION carried, 7-0.