MINUTES
ORO VALLEY TOWN COUNCIL
Regular Session
November 19, 2008
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
REGULAR SESSION AT OR AFTER 6:00 PM

CALL TO ORDER at 6:02 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 announced the upcoming meetings.

COUNCIL REPORTS - No reports.

DEPARTMENT REPORTS

Planning & Zoning Director Sarah More announced that the Arizona Chapter of the American Planning Association awarded the Town of Oro Valley the Best Historic Planning Landmark for the Steam Pump Ranch Master Plan.

Communications Administrator Mary Davis announced that the upcoming holiday festivities would include the tree lighting on December 5 at 5:30 p.m. and the Oro Valley parade would take place December 13 at 9:30 a.m. 

TOWN MANAGER’S REPORT - No report.

ORDER OF BUSINESS:

CALL TO AUDIENCE - There were no speakers.

PRESENTATIONS

Council Member Latas introduced Alicia of Casa de los Gatos. Alicia introduced a cat named Xavier which she stated was neutered, microchiopped and immunized. She noted that Casa de los Gatos accepted donations.

Economic Development Specialist Amanda Jacobs announced the launch of the Shop Oro Valley campaign.  She presented the "Shop Oro Valley" tote bag and bumper stickers to the Mayor and Council. She stated that postcards would be sent to residents and business owners regarding the campaign and that the bags would be available at Town Hall as well as the Northern Pima County Chamber of Commerce. She noted that the Explorer Newspaper has partnered with the Town and would publish an ad about the campaign on Wednesday, November 26, 2008.

1.

CONSENT AGENDA


A.

Minutes - October 22, 2008


B.

Economic Development Division Monthly Report - October 2008


C.

Year to Date Budget Status Report through the Month of October


D.

Resolution No. (R)08 - 79 Canvass the vote of the November 4, 2008 Oro Valley Special Election - Naranja Town Site Bond Election


E.

Resolution No. (R)08 - 80 Granting a preservation and conservation easement to the Arizona State Parks Board over the property known as Steam Pump Ranch including the Pusch Ranch House


MOTION: A motion was made by Vice Mayor Kunisch and seconded by Council Member Carter to approve the Consent Agenda.

MOTION carried, 7-0.

2.

A. PUBLIC HEARING - RESOLUTION NO. (R)08 - 81 AMENDING THE GENERAL PLAN TO INCLUDE SPECIAL AREA PLAN POLICIES AND TO EXTEND THE URBAN SERVICES BOUNDARY FOR THE AREA KNOWN AS ARROYO GRANDE (OV11-08-05)


Planning and Zoning Director Sarah More highlighted the guiding principles of the General Plan Amendment:
~Adherence to the Sonoran Desert Conservation Plan and Conservation Land System
~Preservation of open space
~Open space for public use adjacent to Tortolita Mountain Park
~Preservation of wildlife linkages
~Assuring an adequate water supply
~Protecting all riparian areas
~Adequate infrastructure

She addressed public concerns:
~Expected to have enough water for all; particularly current users.
~Planning for alternate modes of transportation to minimize traffic impact
~Liberal amount of open space to provide for wildlife linkages and act as a buffer for residents.
~Planning for adequate infrastructure

She noted that 5,545 acres out 9,100 acres would be open space. She stated that more employment areas were requested to further economic development without decreasing open space.

Ms. More introduced Michelle Muench of the Arizona State Land Department (ASLD). Ms. Muench stated that:
~the ASLD has been committed to this annexation for three years.
~this has been a regional collaborative effort.
~David Jacobs of the Attorney General’s office was present to answer questions.

It was noted that the Town of Marana's town limits were contiguous with section 16 of the proposed area and could opt to annex the land.

Mayor Loomis opened the public hearing at 6:27 p.m.

Oro Valley resident Paul Sobil proposed that all new homes have solar water heaters. He offered his services to the Town to support his proposal.

Chair of Pima Park Alliance Dr. Ron Spark of Tucson urged Council to ensure the integrity of trust lands.

Zev Cywan, Oro Valley resident, stated his concerns regarding planning for traffic.

The following Oro Valley residents stated their opposition to annexation:
Kathy Pastryk 
Sandra Hoy-Johnson 
Geri Ottoboni 
Hector Conde

Oro Valley resident Pat Kinsman read a letter from Oro Valley resident Cheryl Smith. The letter urged Council to reduce the amount of residential area proposed and implement more solar and bio-tech businesses.

Oro Valley resident Alan Lathrem and Pima County resident John Szpisjak concurred that due to the cost, annexation should be postponed.

Oro Valley resident John Mussolf requested that Council provide a better definition of "open space."

Oro Valley resident Doug McKee spoke in support of annexation. He noted that the area would be developed regardless of its jurisdiction. He stated that Oro Valley needed the revenue; otherwise a property tax would need to be enacted.

The following spoke in favor of the General Plan Amendment:
Sr. Vice-president of Tucson Regional Economic Opportunites David Welsh
Oro Valley resident Pete Bistany 
Oro Valley resident Paul Parisi

Catalina residents John Payton and Wes Stolsek stated their opposition to annexation.

Oro Valley resident Art Segal stated that he could see both sides of the issue and was undecided.

Oro Valley property owner Kathy Schroeder, stated that the proposed electrical substation was not compatible with wildlife.

Pima County resident Jan Johnson recommended that Pima County should develop the land and thinks annexation should wait.

Chairman of Catalina Village Council Mark Miller informed Council that the residents of Catalina will be directly impacted.

Carolyn Campbell of the Sonoran Desert Coalition applauded Council and Staff for the collaborative effort in addressing the majority of the coalition’s concerns. She stated that they were still concerned about allowing the electrical substation and the impact of constructing new roads.

Nicole Fyffe spoke on behalf of Pima County Administrator Chuck Huckleberry. She informed Council that Pima County requested that future zoning of the property be contingent on the Arizona State Land Board of Appeals’ decision to make the land available for purchase by Pima County or another organization that will ensure that the land will be preserved. 

Mayor Loomis closed the public hearing at 7:34 p.m. and broke for recess. The meeting resumed at 7:42 p.m.

Ms. Muench addressed some of the concerns brought forward:
~The ASLD must follow the laws and statutes
  *Until laws change, many of the requests raised this evening cannot be acted upon.
    -The Assistant Attorney General was present to address statutes, if necessary.
~The assurances and certainties that Pima County requested need to be incorporated in
  the Pre-Annexation Development Agreement (PADA)
  *The ASLD is committed to ensuring that those certainties are part of the PADA.
  *The ASLD wants all parties to be comfortable when proceeding with the PADA.
  *In the PADA, it is important to have several paragraphs qualify one statement.
    -One statement could backfire for the Town as well as the County.
~There are numerous studies in these policies to be performed.
~The ASLD has a policy that clearly defines the term "open space."

It was clarified that:
~The "First come, first served," policy pertained to water supply shortages.
  *A plat could not be approved for development if water were in short supply, unless the 
    developer supplied the water for the proposed community.
~The Town has been quite successful with the Reclaimed Water project.
~General Plan Amendments must be approved by 2/3 majority and all amendments must be 
  presented in a single meeting per statute.
  *Hearings could be continued.

Ms. More stated that Land Use policies were comprised of categories:
~Land Use and Zoning
  1. Entire area must be master planned with the exceptions of property with 
     frontage on Oracle Road and the Rural Low Density parcel in the far
     west.
  2. Should be a planned area development
  3. Provide adequate area for employment 
     *1 job for every three dwelling units. 
  4. Require diverse types of housing.
  5. Rural Low Density designated areas
  6. Floating resort site
      *Creating enhancement fees to fund conservation.
  7. Requiring a minimum of 600 acres of campus office park and maintaining village center.
  8. Phasing commercial and employment centers with housing
  9. Residential densities adjacent to wildlife linkages will be lower
 10. Establish a Town center as a focal area.
 11. Require the development of design guidelines for the area
 12. Require the inclusion of regional commercial in the planning area

It was clarified that the electrical substation’s development would be decided by the ASLD.

Ms. More explained the term "open space" as defined by the General Plan as: "These are natural open space areas that have been preserved through zoning, conservation easements or public ownership."

Ms. More explained that cultural resources were to be protected which included a 300 acre site that has been preserved for archeology. She noted that preservation studies would be required for the entire area.

She explained the requirements for the water supply:
1. Resources must be protected and the current service area must be provided for
2. Master water management plan
3. Development of water infrastructure
4. water conservation plan for the entire area
5. Assured water supply for the area and future development
6. New development will be served by the Oro Valley Water Utility on a first come, first served basis.
7. Water supply must be available or development will not occur.

She presented the requirements for transportation and circulation:
1. Master transportation traffic impact studies
2. Future developers would have to provide the roadway network and to mitigate the impact of traffic from their development
3. Infrastructure should be funded and developed by the developer
4. Transit options must be made available.
5. Multi-modal transportation
6. Commercial development adjacent to Oracle Road must be linked to the interior of the area.
7. Design requirements of future development will be required.

She noted that trails must be detailed and adhered to. She stated that land should be set aside for parks and recreational facilities.

Ms. More reviewed the financial sustainability policies:
1. New development must provide necessary infrastructure
2. Existing Town residents will not be burdened with costs, fees or taxes to subsidize Town services needed for the Arroyo Grande area.
3. Conduct economic impact studies to determine the cost of services needed for the area.
4. Consideration of a Community Facilities District to fund the infrastucture.

MOTION: A motion was made by Council Member Abbott to deny Resolution No. (R)08-81, OV11-08-05 Arroyo Grande Planning Area General Plan Amendment. Motion failed due to lack of second.

MOTION: A motion was made by and seconded by to

MOTION: A motion was made by Council Member Abbott to amend the motion by adding the request of the Pima County Board of Supervisors to add the wording, "Zoning is contingent upon approval by the Board of Appeals for the sale of the NOS area that is the wildlife corridor at conservation value. The pre annexation development agreement should include appraisal assumptions that would be in Policy 2, Open Space." Motion failed due to lack of second.

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

Mayor Loomis called for a recess at 9:01 p.m.  The meeting resumed at 9:09 p.m. 

B.

PUBLIC HEARING - RESOLUTION NO. (R)08 - 82 REQUESTS APPROVAL OF 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)


Paul Oland of the WLB Group representing Vistoso Partners recommended that the recreation area and the school site be relocated.

He stated the basics of the proposal as follows:
~Neighborhood 5 is entitled for 3,555 units
~Subsequent Planned Area Development (PAD) would result in a maximum of 474 additional units over what is currently entitled
~Developed parcels are entitled for 1,823 units, but only 650 units were built
~Undeveloped parcels entitled for a maximum of 1,504 units
~Maximum remaining units including amendment would be 1,978 or 55% of original Neighborhood 5 entitlement
~Location of 18 acres of commercial
~Mirrors school district plans
~Eliminates crossing of Honeybee Wash
~144 acres of additional open space
~Follows established xero-riparian boundaries
~Substantial conformance with many General Plan goals and policies

Mr. Oland stated that the Public Works Condition of Approval #3 posed a problem. He explained that the condition stated that a sewer line must be installed in an area that Vistoso Partners did not own.

He noted the highlights of the proposal:
~Makes the area marketable
~Removes the golf course
~Increases open space by 150 acres through zoning
~Follows the Town’s SRA
~Still well below the areas originally entitled density

It was clarified that a golf course would not be developed; the area would be protected as open space. 

Planning and Zoning Director Sarah More presented the Staff report, stating that the proposal was a re-designation. She noted that the area was zoned for higher density and that it was a benefit that the wash would not be crossed with two bridges.

It was noted that:
~Amphitheater School District accepted the site.
~The amendment, if denied, would not affect the school as the school is supported by the state.

Mayor Loomis opened the public hearing at 9:45 p.m.

Todd Jaegar of Amphitheater Public School District stated that a 35 acre school site had been secured 6 1/2 years ago. He noted that the site was acceptable and accessible.

Oro Valley resident and State Representative Nancy Young-Wright noted that this was given in exchange for the up zoning in Stone Canyon. She asked Council to help the school district acquire donated land in Pima County.

The following Oro Valley residents spoke against this amendment:
Jim Marcus 
Jeff Sherman
Doug McKee
Bob Becker
Wayne Krouse
Joyce Rychener
Bill Kingsly

Mayor Loomis closed the hearing at 10:04 p.m.

It was clarified that the school will be built.
~The site has yet to be dedicated
~The site is not contingent upon this vote
~The school can be built without regard to zoning
~A condition on the school site is that it must have two accesses to it

MOTION: A motion was made by Council Member Garner and seconded by Council Member Latas to deny.

Mayor Loomis clarified that if denied, the golf course could be developed as something else. He suggested to continue the item to the December 3rd meeting. He requested that the motion be withdrawn.

Council Members Garner and Latas agreed to WITHDRAW the motion.

MOTION: A motion was made by Council Member Garner and seconded by Council Member Abbott to continue the item to the December 3rd meeting.

MOTION carried, 7-0.

Mayor Loomis called for a recess at 10:14 p.m. The meeting resumed at 10:21 p.m. 

C.

PUBLIC HEARING - RESOLUTION NO. (R)08 - 83 REQUESTS APPROVAL OF A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM RURAL LOW DENSITY RESIDENTIAL (RLDR) TO LOW DENSITY RESIDENTIAL (LDR) AND EXTEND THE URBAN SERVICES BOUNDARY FOR APPROXIMATELY 127 ACRES LOCATED WEST OF KINGAIR DRIVE AND SOUTH OF W. TORTOLITA CIRCLE IN AN AREA KNOWN AS STONE CANYON 9 (OV11-07-02)


Mayor Loomis opened the public hearing at 10:23 p.m.

Oro Valley resident and Vice President of the La Cholla Airpark Homeowners Association Gil Alexander gave a power point presentation regarding the area’s history, compatibility and encroachment and non-compatible land use. He stated his opposition to this amendment.

Oro Valley resident Doug McKee recommended that the lots be a minimum of 3.3 acres. He requested that the developer create access to the trailhead.

Sue Clark of the Pima Trails Association stated specifications for the trail and that access for emergency responders should be created.

Mayor Loomis closed the hearing at 10:39 p.m.

MOTION: A motion was made by Council Member Gillaspie and seconded by Vice Mayor Kunisch to continue the item to the December 3rd Council meeting.

MOTION carried, 6-1 with Mayor Loomis opposed.

D.

PUBLIC HEARING - RESOLUTION NO. (R)08 - 84 REQUESTS APPROVAL OF A MINOR GENERAL PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL/OFFICE, LOCATED IN PROXIMITY TO THE SOUTHWEST CORNER OF ORACLE ROAD AND HARDY ROAD (OV11-08-02)


Paul Oland of the WLB Group reviewed the property located on the southwest corner of Oracle and Hardy Roads.

Planning and Zoning Director Sarah More presented the Staff report. She stated that the applicant had reduced the size of the site. She noted that the Significant Resource Area (SRA) served as a buffer to the adjacent residences.

Mayor Loomis opened the public hearing at 10:50 p.m.

Oro Valley resident Harvey Michelson stated that his townhome is near the property. He noted his concern regarding an increase in traffic and that he was opposed to the amendment.

Oro Valley resident David Deivert stated that the parcel should remain undeveloped to preserve wildlife and maintain low density for the local property owners.

Oro Valley resident Barb Harnisch stated her opposition to the amendment as there is a multitude of wildlife and the property is a living desert area. She stated that she did not want to lose the open space.

Oro Valley resident Scott Merry stated his support for the development:
~The plan is for a boutique hotel (upscale)
~There needs to be a transition area between residential and Oracle Road.

Mayor Loomis closed the hearing at 10:59 p.m.

MOTION: A motion was made by and seconded by to

MOTION carried, 5-2 with Mayor Loomis and Vice Mayor Kunisch opposed.

3.

DISCUSSION AND POSSIBLE ACTION TO IMPLEMENT A HIRING FREEZE


Town Manager David Andrews stated the importance of taking a proactive approach during the current economic situation. He explained that it would need to be implemented on a case by case basis where the Town Manager would evaluate whether or not a position should remain unfilled. He explained the criteria that would be used to assess the position(s):
1. The impact on community services
2. The ability of existing staff to cover the essential functions of a position, service or program
3. The ability to move timelines for projects or eliminate services or programs performed by the position
4. Whether the position impacts the health and safety of the community
5. The number of vacancies already impacting the department

He noted that the hiring freeze if approved would be in effect from November 19, 2008 through April 30, 2009.

Oro Valley resident Richard Tracy stated that when times are tough, crime increases. He stated that he did not support a hiring freeze in the police department and that many communities will freeze all positions with the exception of public safety.

Oro Valley resident Art Segal stated that he supported the hiring freeze.

Mr. Andrews stated that he would be unable to fill positions with an across the board hiring freeze. He noted that some positions only have 1 person filling that service and therefore, would not have anyone to cover the position.

MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Garner to approve the hiring freeze as presented by the Town Manager with the condition that any offer or need to extend an offer be immediately referenced to the Town Council for possible action.

MOTION carried, 5-2 with Mayor Loomis and Vice Mayor Kunisch opposed.

4.

FUTURE AGENDA ITEMS


Vice Mayor Kunisch requested a study session in January 2009 to discuss the Library. The request was seconded by Council Member Garner.

CALL TO AUDIENCE - No speakers.

ADJOURNMENT

MOTION: A motion was made by Council Member Carter and seconded by Vice Mayor Kunisch to adjourn at 11:35 p.m.

MOTION carried, 7-0.