MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
December 2, 2009
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 5:00 PM
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PRESENT: |
Paul Loomis, Mayor
K.C. Carter, Vice Mayor
Bill Garner, Council Member
Barry Gillaspie, Council Member
Al Kunisch, Council Member
Salette Latas, Council Member
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Vice Mayor Carter attended the Executive Session via telephone.
EXECUTIVE SESSION AT OR AFTER 5:00 PM
MOTION: A motion was made by and seconded by to
MOTION carried, 6-0.
MOTION: A motion was made by Council Member Garner and seconded by Council Member Kunisch to go out of Executive Session at 5:30 p.m.
MOTION carried, 6-0.
RESUME 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
Bill Garner, Council Member
Barry Gillaspie, Council Member
Al Kunisch, Council Member
Salette Latas, Council Member
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Council Member Carter attended the Regular Session via telephone.
Mayor Loomis led the audience in the Pledge of Allegiance.
Mayor Loomis requested a moment of silence in honor of Town employee Maria Zabaleta who passed away.
Communications Administrator Mary Davis reviewed the upcoming meetings and events.
Communications Administrator Mary Davis reminded the audience of the Town’s holiday celebration to be held at Steam Pump Ranch on December 4th and 5th, 2009.
Town Clerk Kathryn Cuvelier announced that due to several requests, copies of Town documents would be made available on CDs for a cost of $10.00 (if the record was already available in that specific format).
ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING
Mayor Loomis announced that staff has requested that Item 10 be continued. He also moved the Pause for Paws presentation ahead of the Call to Audience.
Pause for Paws, Lane Davidson from Foundation for Animals in Risk (FAIR )introduced puppies, Dandy and Daffodil. She stated that they would be available for adoption in a few weeks at a local PetsMart. Ms. Davidson also announced that FAIR was a not for profit organization that sought donations (monetary and/or food) and were in need of foster homes and volunteers.
Doug McKee, Oro Valley resident, spoke to the proposed merger of two local fire districts (Northwest Fire District and Golder Ranch Fire District). He stated that there would be a joint meeting at the El Conquistador Resort in the Turquoise Room #1. He urged Oro Valley residents to attend the meeting on Friday, December 4, 2009 at 6:00 p.m.
Art Segal, Oro Valley resident, spoke to the proposed merger of two fire departments, Northwest Fire District and Golder Ranch Fire District. He commented that if a consolidation took place, it would be advantageous to the fire districts but not to the residents as it would probably cost more for fire coverage.
PRESENTATION:
Council Member Gillaspie reviewed his trip report to the 95th Arizona Town Hall, "Riding the Fiscal Roller Coaster... Government Revenue in Arizona". He outlined the discussions regarding the current State deficit and economic crisis, causes and challenges, and developing a long term strategic plan that would include accountability, defined time tables and assignment of responsibilities.
At the request of Council and staff, Mayor Loomis pulled Items A, J and L for discussion.
MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Kunisch to approve the Consent Agenda with the exception of Items A, J and L.
MOTION carried, 6-0.
MOTION: A motion was made by Council Member Latas and seconded by Council Member Kunisch to approve the minutes of November 9, 2009 and to continue the minutes of November 4, 2009 to the January 6, 2010 meeting.
MOTION carried, 6-0.
| B. |
Building Safety Monthly Activity Report - October 2009 |
| C. |
Coyote Run Monthly Transit Report - October 2009 |
| D. |
Police Report - October 2009 |
| E. |
Metropolitan Tucson Convention and Visitor’s Bureau Quarterly Report - July 1, 2009 through September 30, 2009 |
| F. |
Informational update on the Pima Association of Governments Regional Transportation Authority PAG/RTA 2010-2015 Transportation Improvement Plan (TIP) |
| G. |
Resolution No. (R)09 - 77 Amending Chapter 16, Section 16-1-7 of the Oro Valley Town Code, by establishing Parks and Recreation Facility Usage Fees |
| H. |
Resolution No. (R)09 - 78 Amending the Town of Oro Valley Personnel Policies and Procedures Manual to update Policy 10, Attendance and Leaves |
| I. |
Resolution No. (R)09 - 79 Authorizing and approving an agreement between the Town of Oro Valley, Arizona, Rocking K Holdings, LP and Rincon Valley Holdings, LP for conveyance of unpledged groundwater right extinguishment credits to the Town |
Discussion followed regarding:
- Plans for the property since one interested party was pulling out.
- Concerns that the property may be sold.
- Looking for high-tech employers
Kim Acorn, Acorn Associates Architecture, commented that the economy was bad and plans for the next 2 years were volatile but there were no plans for a change in use.
MOTION: A motion was made by Council Member Garner and seconded by Council Member Gillaspie to DENY OV12-07-01B, a one year extension of the development plan/ preliminary plat approvals for the Innovation Commerce Campus development, located at the northwest corner of Rancho Vistoso Boulevard and Vistoso Commerce Loop.
Further discussion followed regarding:
- Unique design of the development was based on a specific company’s intent to build on that property. If those development plans have changed, then Council should review the development plan again.
- If changes to a development plan/preliminary plat were 25% or greater, then new approvals of development plan/plat were required.
- There were no guarantees when a development plan/plat was completed that specific companies would move in.
- Questioned whether Council should deny an extension of time for the development of the plat.
- Development plan did not regulate the uses other than what was allowed under the zoning requirements.
- The current development plan was grandfathered under the Town’s old landscaping codes. New landscaping codes had been adopted including water harvesting which should be applied to a project of this scale.
MOTION carried, 4-2 with Mayor Loomis and Council Member Kunisch opposed.
| K. |
OV12-06-28B Approval of a two year extension from October 17, 2009 to October 17, 2011 of the development plan/preliminary plat approvals for the Plaza at Vistoso retail/office development on Parcel 5-U of Rancho Vistoso Neighborhood 5, located northeast of the intersection of Tangerine Road and Rancho Vistoso Boulevard |
Discussion followed regarding:
- Town Code requirements to install artwork (proposed artwork at James D. Kriegh Park was not required per Code).
- Maintenance of artwork projects was the responsibility of the property owner.
- Monies in the Town’s public art account should be used for maintenance of art projects.
- Proposed artwork was a conceptual design at this time pending Council’s decision.
Mayor Loomis opened the floor for public comment.
Zev Cywan, Oro Valley resident and member of the Art Review Commission, commented on art project repairs/maintenance and the Zoning Code’s definition of public art. He also addressed the fiscal problems facing the Town and questioned whether the Town should spend monies on such a project at this time.
MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Kunisch to deny Item L.
MOTION carried, 6-0.
| M. |
Town Council Trip Reports |
MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Latas to appoint Patricia Spoerl effective January 6, 2010 to fill the unexpired term on the Oro Valley Town Council effective until June 2, 2010.
MOTION carried, 6-0.
Interim Assistant Town Manager and Finance Director Stacy Lemos reported that the Town had completed the fiscal year 2008/09 audit and a clean audit opinion was issued with no negative findings.
Kera Badalamenti, Heinfeld, Meech and Company, P.C. presented an overview of the Town's 2008/09 Comprehensive Audit Financial Report (CAFR).
MOTION: A motion was made by Council Member Latas and seconded by Council Member Kunisch to accept the Town's financial audit for the fiscal year ended June 30, 2009.
MOTION carried, 6-0.
Interim Assistant Town Manager and Finance Director Stacey Lemos reported that tonight was the second required public hearing on the Alternative Expenditure Limitation (Home Rule Option). She explained that every four years the Town was required to submit this ballot question to the voters to authorize the Town to set its budget limits locally. She stated that the question would be placed on the Spring 2010 ballot and if approved, would allow the Town to spend all revenues received.
Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed.
MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Kunisch to approve Resolution (R)09-80, proposing an extension of the Local Alternative Expenditure Limitation.
MOTION carried, 6-0.
Acting Planning and Zoning Director Paul Popelka reviewed the Council Communication and highlighted the following:
- Goals of General Plan amendment:
- Relocate school site
- Maintain existing development rights
- Maintain majority of golf course acreage
- Widen Honeybee Wash Corridor
He then reviewed the existing and proposed General Plan land use maps, land use proposal and the golf course designation.
Paul Oland of The WLB Group, represented Vistoso Partners, and reviewed the proposed parcel changes for Rancho Vistoso, Neighborhood 5 General Plan amendment and summarized the following:
- Consistent with Town’s General Plan goals and policies
- Consistent with Amphitheater School District’s intentions (Title work has been completed)
- No increase to number of housing units (proposed reduction to Neighborhood 5 unit cap from 3,555 to 2,500)
- Preserves the intent of the proposed golf course
- Parcel 5-D to be designated as Open Space adjacent to Honeybee Park
- Significantly widens Honeybee Wash corridor
Mr. Oland identified the Town staff condition regarding installation of a sewer line connection up to Parcel B. He commented that Vistoso Partners did not have a problem extending the sewer line up to Sun City; however, they have asked that the requirement for the extension to Parcel B be deleted as they were not involved in the development of that property. Mr. Oland also explained that the Improvement Plan states that the developer of that property would be responsible for connecting to that lift station.
Mayor Loomis opened the public hearing.
Doug McKee, Oro Valley resident, commented that as the Town grows, there would be a need for another golf course. He stated that the proposed
amendment retained the intent of the golf course but reduced acreage to a point that may not allow for a golf course to be built in the future. He suggested designating the open area at the north end of the property as an either/or combination of open space and golf course so that there would be the option to place the golf course in the open space.
Mayor Loomis closed the public hearing.
MOTION: A motion was made by and seconded by to
Discussion followed regarding:
- Maintaining the golf course area as natural open space (Gillaspie)
- Developer would have to come back to Council if they wanted to build a golf course in the future (Gillaspie)
- Water "budget" for proposed golf course (Mayor Loomis) - (Developer of a new golf course would be required to use reclaimed water resources and add additional reclaimed water lines and install pumps in order to meet the demand for the reclaimed water use.)
- Future golf course was promised to residents (Mayor Loomis)
- Natural open space is consistent with General Plan policies and as economic conditions change, the plan could be amended (Gillaspie)
MOTION carried, 5-1 with Council Member Gillaspie opposed.
Mayor Loomis recessed the meeting at 7:35 p.m. The meeting resumed at 7:45 p.m.
Senior Planner Matt Michels reviewed the Council Communication, existing and proposed land use maps and the tentative development plan. He then highlighted the following:
~ Town policy provides for conformance between the General Plan and Zoning
~ Goals of amendment:
- Relocate school site
- Maintain existing development rights
- Maintain majority of Golf course acreage
- Widen Honeybee Wash Corridor
Mr. Michels stated that staff recommended approval of the Planned Area Development (PAD) amendment with conditions as listed in Exhibit "A".
Paul Oland, The WLB Group, representing Vistoso Partners, stated that they are requesting approval of the PAD amendment to be in conformance with the Town’s approved General Plan.
Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed.
MOTION: A motion was made by and seconded by to
MOTION carried, 6-0.
Special Projects Coordinator Scott Nelson reviewed the annexation area study map and highlighted the following:
- No current requests for annexation
- Focus on three study areas:
- Arroyo Grande (State parcels outside of general planning area)
- State land parcels to the west of Town (in Marana’s general planning area)
- Catalina Citrus Estates (30 property owners, commercial and residential and includes Tohono Chul Park)
(No action required).
Acting Planning and Zoning Director Paul Popelka explained that the property owners requested that a zoning condition that would require that Vistoso Village Drive be extended by June 2010, be amended. Staff suggested that the road extension requirement be removed and that the Town Engineer determine when the road should be extended.
Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed.
MOTION: A motion was made by and seconded by to
MOTION carried, 6-0.
Transit Administrator Aimee Ramsey reviewed current services being performed by Sun Shuttle and Coyote Run. She then presented options for Council’s consideration:
- Three scenarios:
Option A - Leave Coyote Run alone
- No service changes to Oro Valley residents
- Least amount of savings
- Quality and service control
Option B - Transform Coyote Run into Sun Run
- Town managed, quality control, staff retention, continued utilization of volunteers
- General public transportation no longer limited to seniors and ADA
- Operation policies set by the Regional Transportation Authority (RTA)
- Development of Intergovernmental Agreement (IGA)
- Seniors travel options change
- ADA passengers moved to another provider
Option C - Eliminate Coyote Run: RTA to contract Transit Services
- RTA managed and operated, service quality unknown, no local control or decision options
- General public transportation
- Operational policies set by the RTA
- Seniors travel options change
- ADA and senior passengers moved to another provider
- Staff future unknown
Ms. Ramsey reviewed the financial impacts for each option and then highlighted outstanding issues as follows:
- Fare and revenue sharing
- Service operations (operational policies)
- Technology integration
- Customer services and our residents
- State funds
Council discussion followed regarding: specific Sun Shuttle routes, impact to residents, level and quality of services to meet citizen needs, continue to look at options, RTA was not ready to commit to further funding at this time, and look into running Coyote Run as an Enterprise Fund.
Jim Degrood, RTA Transportation Services Director, commented that Sun Shuttle Route 402 was disappointing and that they were looking at improvements for the Oracle Road services. He further commented that they were open to investigating what would best serve Oro Valley.
Council encouraged further research into options for Coyote Run and asked that staff continue to keep the Council informed.
MOTION: A motion was made by Council Member Latas and seconded by Council Member Kunisch to continue Item 10 to the January 6, 2010 Council meeting.
MOTION carried, 6-0.
Council Member Kunisch, Seconded by Council Member Latas - Direction to the Town Attorney to look at 1% for art (Funds possibly be split - half to art and half to cultural resource preservation)
Council Member Garner, Seconded by Council Member Kunisch - Direct staff to come back at future Study Session with information on setting Coyote Run as an Enterprise Fund
Council Member Kunisch, Seconded by Council Member Garner - Add to Planning and Zoning Work Plan - Ordinance/Code amendment for maintenance/repair of public art
MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Garner to adjourn at 9:02 p.m.
MOTION carried, 6-0.