Loading...
HomeMy WebLinkAboutPackets - Council Packets (1545) AGENDA ORO VALLEY TOWN COUNCIL STUDY SESSION/RETREAT June 5 , 1999 8:00 AM - 12:00 NOON 12210 North Oracle Road Oro Valley, Arizona CONTINENTAL BREAKFAST — 7:30 AM — 8:00 AM STUDY SESSION - AT OR AFTER 8:00 AM CALL TO ORDER ROLL CALL Retreat Subjects: 1. Settling Issues with Tortolita Neighbors (Mayor Loomis) (20 minutes) 2. Customer/Citizen Satisfaction Feedback Process (Vice-Mayor Johnson) (20 minutes) 3. Development Review Board Power (Council Member Bryant) (20 minutes) 4. Annexation Policy (Vice-Mayor Johnson) (20 minutes) 5. Agenda Management (Vice-Mayor Johnson) (20 minutes) 6. Town Council Liaison Assignments (Mayor Loomis) (20 minutes) 7. Fire Protection (Council Member Parisi) (20 minutes) 8. Community Economic Development Strategy (Mayor Loomis) (20 minutes) 9. Lodging Industry Incentive Policy Proposal and Recommendation (Vice Mayor Johnson) (20 minutes) 10. Changing Council Membership from 5 to 7 members (Johnson) (20 minutes) ADJOURNMENT The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, at 297-2591. POSTED: 5/28/1999 4:30 PM rg • DEVELOPMENT REVIEW Sec.3-201 B. That the characteristics of the use proposed in such use permit are reasonably compatible with the types of use permitted in the surrounding area. The burden of proof for satisfying the aforementioned requirements shall rest with the applicant. Sec.3-202 Use Permits:Application Application for use permit shall be made in the office of the Town Clerk and shall be accompanied by a fee according to the fee schedule adopted by the Town Council, no part of which shall be returned to the applicant. The application shall be accompanied by a site plan drawn to scale. Sec.3-203 Notice of Public Hearing A. With the filing of an application, the Town Clerk shall set a date of public hearing before the Planning Commission which date shall not be more than 50 days from the date of application. The date, time and place of such public hearing and the nature of the use permit requested shall be published in a newspaper of general circulation in the Town of Oro Valley and one notice of the said hearing shall be posted conspicuously on the property. Both such publication and posting shall give 15 days notice of such Planning Commission meeting. It shall be the responsibility of the applicant to maintain the posting. B. The notice, as published and posted, shall be sent by regular mail to owners of adjacent property not less than 15 days prior to the date of the first public hearing. The applicant shall submit to the Town Clerk an accurate verified list made within 60 days prior to the date of hearing before the Planning Commission giving the names and addresses of the recorded owners of all properties, any part of which is within 600 feet of the proposed use permit, or more as the Zoning Administrator may determine necessary to provide reasonable notice. Failure of property owners to receive such notice shall not invalidate a use permit that may be subsequently approved. Sec.3-204 Action of the Planning Commission Upon completion of the public hearing on a use permit, the Planning Commission shall forthwith transmit copies of its findings and recommendations to the applicant and the Town Council. The reports of the Planning Commission shall be numbered consecutively in the order of filing and become a permanent record of the Planning Commission and the Town Clerk. Sec.3-205 Action of Town Council The Town Clerk shall schedule a public hearing before the Town Council at which citizens shall have an opportunity to be heard. The time and place of such hearing shall be published at least'once in a newspaper of general circulation in the Town of Oro Valley not less than 15 days before the Town Council hearing date. The time and place of such public hearing and the information concerning the use permit requested shall be posted within the area included in the amendment at least 15 days before such Town Council hearing. It shall be the responsibility of the applicant to maintain the posting. Oro Valley Zoning Code Revised (Rev.12/97) 3 -31 Sec.3-206 DEVELOPMENT REVIEW • Sec.3-206 Decision Following the conclusion of the public hearing before the Town Council upon the application for a use permit, the Town Council may approve the use permit stipulating those conditions it feels necessary to carry out the provisions and intent of this ordinance. A copy of the use permit, stamped by the Town Clerk and encased in plastic or otherwise framed shall be posted conspicuously at all times on the premises. Sec.3-207 Development Review Board No structure or building shall be built or remodeled under the conditions of a use permit until Development Review Board approval has been obtained as outlined in Article 3-3. Sec.3-208 Violation The violation of any condition imposed by the use permit shall constitute a violation of this ordinance. Amendment or addition to any use permit is subject to the same procedures as those which apply to a new application. ARTICLE 3-3. DEVELOPMENT REVIEW Sec.3-301 Applicability The Development Review Board shall review all developments other than R1-144, R1-43, R1-36, and R1- 20 Districts which are not subject to overlay. A. The Development Review Board shall make recommendations to the Council regarding subdivision plats and the development plans as provided in Chapter 4 of this code. B. The Development Review Board is authorized to approve, conditionally approve or disapprove all applications for development review not included in Subsection A above, subject to Town Council review or appeal. Such applications include architectural design, landscaping plans, use permit developments, permanent signs(not approved by the DRB Agenda Committee, per Sec. 3-301.D) and other matters as provided in this code if not required as part of subdivision plat or development plan approvals. The Development Review Board shall base its decision solely on the criteria as set down in Sec. 3-302 except within the Hillside District where the Board shall also base its decision on the provisions of Sec. 10-107(Rev. 3/86). C. Prior to the development, earthwork, construction, remodeling, change or alteration of any proposed or existing project within a zoning district subject to development review, the property owner or his designated agent shall secure approval of the Development Review Board. Staff shall be permitted to approve minor/common sense changes of architecture or landscape plans in order to avoid delay by using the normal development review process. Minor/common sense changes or alterations include those that: 1. are reasonably similar to the approved plan; 2. are not already completed; Oro valley Zoning Code Revised (Rev.61'98) 3 -32 DEVELOPMENT REVIEW Sec.3-301 3. benefit the town or the environment; 4. are not controversial; 5. are consistent with similarly situated property; 6. do not affect mass or streetscape; 7. do not affect pre-approved plats;and 8. are approved by the neighborhood association, if necessary. • D. The ORB shall create a ORB Agenda Committee, which shall contain a minimum of 2 DRB members,to review permanent signs, paint color,tile color and other building material products on a weekly basis, or as needed, to determine if the proposed sign application or building material product can be administratively approved. if there is a unanimous decision by the two ORB members, along with staffs recommendation, that the sign or building material product is in conformance, the submitted sign shall be administratively approved. If the sub-committee finds the proposed sign or building material product not complementary or consistent, the proposed sign or building material product will require a majority of the ORB for approval and shall be scheduled for the next available ORB meeting. Sec.3-302 Criteria In considering any application for development review, the Development Review Board shall be guided by the following criteria: A. The Board shall examine the application to insure that all provisions of this ordinance and all other ordinances, master plans, general plans and standards of the Town of Oro Valley shall be complied with where applicable. B. The proposed•development shall not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood, nor shall it be . detrimental or injurious to the neighborhood. C. The proposed development shall promote a desirable relationship of structures to one another, to open spaces and topography both on the site and in the surrounding neighborhood. D. The height, area, setbacks and overall mass as well as parts of any structure (buildings, walls, • signs, lighting, etc.) and landscaping shall be appropriate to the development, the neighborhood and the community. E. Ingress, egress, internal traffic circulation, off-street parking facilities, loading and service areas and pedestrian ways shall be so designed as to promote safety and convenience. F. The architectural character of the proposed structure shall be in harmony with, and compatible to, those structures in the neighboring environment and the architectural character adopted for any given area avoiding excessive variety or monotonous repetition. G. Mechanical equipment, appurtenances and utilities shall be concealed from view and integral to the building design. Oro Valley Zoning Code Revised (Rev.6/911) 3-33 Sec.3-302 DEVELOPMENT REVIEW H. The architectural character of a development shall take cognizance of the unique desert, climate and other environmental factors of this region and promote an indigenous architectural feeling. i. All buildings and structures and parts of any buildings such as walls and fences shall be designed to be compatible with the surrounding desert and mountains in the background. J. All exterior materials and colors including roofs, walls and fences shall be predominantly muted earth and plant tones and shall minimize contrast and glare. K. Consideration shall be given to the possibility that the development may not be completed. In order to assure a minimum degree of destruction of existing vegetation and contours, phased development shall be required. Grading and all site improvements shall not be permitted until the proper assurances have been received and approved by the Town. Sec.3-303 Administration Administrative procedures for review of subdivision plat and development plans shall be as provided in Chapter 4 of this code. Procedures for architectural review, signs and other such matters that require development review shall be according to the provision of this section herein below. A. Application 1. The Development Review Board shall prescribe the form and content of applications and necessary accompanying data. The application shall be filed with the Town Clerk. 2. An application for approval shall be accompanied by a fee according to the fee schedule adopted by the Town Council. Additional fees shall be required if. a. A Development Review application is submitted which does not meet the requirements of this code unless revised plans are provided according to the Development Review Board requirements;or b. There is an appeal by the developer of a staff decision to the Development Review Board; or c. Development plans have to be checked a third time;or d. A landscape plan has to be checked a third time;or e. ' Site inspection has to be done a second time. • 3. Applications shall be made by the owner of the property or his authorized agent If the applicant is not the property owner, a notarized letter from the property owner authorizing the agent to act in his behalf shall accompany said application. • Oro Valley Zoning Code Revised (Rev.6/98) 3-34 DEVELOPMENT REVIEW Sec.3-303 B. Findings 1. The Development Review Board may approve,with or without conditions, a development or portion thereof if they find that a. All provisions of ordinances of the Town of Oro Valley have been complied with. b. Where applicable, all provisions of master plans, the General Plan and development policies and standards of the Town of Oro Valley have been complied with. • 2. The Development Review Board may deny a total development, or a portion of a development, if they find that any conditions of this article, the General Plan or the development policies and standards of the Town of Oro Valley have not been complied with. 3. The Development Review Board, upon hearing an application, may impose such reasonable conditions as it may deem necessary in order to fully carry out the provisions and intent of this code. Violation of any such condition shall be a violation of this code and such violation shall render any permit null and void. C. Expiration of Approval 1. The approval of plans for development shall expire and become null and void 1 year from the date of approval if a building permit has not been issued unless a different time period is made a condition of Development Review Board approval. 2. An extension of approval may be granted by the Town Council if the applicant files for the extension prior to the approval becoming void and the Council feels the reasons justify extension of approval. In no case shall an extension be more than 12 months. D. Enforcement 1. The Zoning Administrator shall insure that all matters approved by the Development Review Board are undertaken and completed according to the approval of the Development Review Board. 2. Prior to issuance of a building permit within any district subject to Development Review, the Building Official shall ascertain that the Development Review Board has approved plans which are in conformance to those presented with the building permit application and that the time limitations imposed by this code or,the Development Review Board have not elapsed. No building permit shall be issued less than 20 days after Development Review Board approval in order to allow appeal or review as stated in Sec. 3-304. Sec.3-304 Appeal and Town Council Review A. The approval,with or without conditions, or denial by the Development Review Board of an Oro Valley Zoning Code Revised (Rev.6/98) 3-35 • • Sec.3-304 BUILDING PERMITS • application subject to the provisions of Sec. 3-303, or otherwise referenced in this code, shall be final unless, within 20 days from the date of the Board's decisions, the applicant shall appeal therefrom in writing to the Town Council. Such appeal shall be in writing in care of the Town Clerk and shall indicate where, in the opinion of the appellant, the Board was in error. The Town Clerk shall schedule the appeal for a Town Council agenda and the Town Council, at its meeting, shall uphold, modify or overrule the decision of the Board. The decision of the Town Council shall be final. B. The Town Council shall have the right and prerogative to initiate its own review of any decision of the Development Review Board and shall uphold, modify or overrule said decision. Notice of Council-initiated review of any decision of the Development Review Board shall be given to the applicant by the Town Clerk within 20 days after action upon the application in question or the decision of the Development Review Board shall be deemed to be final and binding upon the Town of Oro Valley. • ARTICLE 34. BUILDING PERMITS Sec.3-401 When Required • A. It shall be unlawful to construct, alter, repair, remove or demolish or to commence the construction, alteration, removal or demolition of a building or structure without first filing with the Building Official an application in writing and obtaining a formal permit. B. The following are excluded from building permit requirements: 1. Fences up through 6 feet in height and free standing masonry wails up to 5 feet unless required as a swimming pool enclosure. 2. Curbs and planter walls up to 30 inches in height and retaining walls up to 30 inches in height unless used to support any surcharge load. 3. A detached building, ramada, playhouse or similar structure not more than 10 feet in height nor larger than 144 square feet. 4. Residential television and radio antenna supported on roofs. 5. Awnings supported only from the exterior walls of buildings. 6. Repairs and remodeling which involve only the replacement of component parts of existing work with similar materials and which do not aggregate over$1,000 In valuation, excluding labor, in any 12 month period and do not affect any structural, electrical, mechanical or plumbing installations. Construction exempt from permit requirements shall not include any conversion of space to a private garage or sleeping area, exit facilities, permanent fixtures or equipment Specifically excepted from any permit requirement without limit to valuation are: Oro Valley Zoning Code Revised (Rev.6/98) 3-36 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 5, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: Dan Dudley, Town Attorney Kathi Cuvelier, Town Clerk SUBJECT: AGENDA MANAGEMENT SUMMARY: We have discussed the issue of Agenda Management and offer the following suggestions for your consideration during your Retreat: 1. Explore the removal of the following Agenda Items since they are administrative: • Notice of Completion documents. • Proclamations • Landscape Plans • Eliminate review of contract document approval by Council but retain Resolution awarding the contract and authorizing Mayor to enter into the contract. Public Work suggestions: • Placement of stop signs and other regulatory traffic signs • Designation of crosswalks • Placement of signs restricting parking • Waivers to "No Access Easements. 2. Public Hearings: • Limit staff report to 5 — 10 minutes • Limit applicant presentations to 10 minutes • Limit amount of time to receive public input to 30 minutes • Receive speaker cards 10 minutes prior to the consideration of each public hearing. • Length of public hearing limited to 1 hour. • Adhere to the designated time limits. 3. Non-public hearing items: • Hold 1 Call to Audience at beginning of meeting and eliminate Call to Audience at end of meeting. • Start the meeting one half hour earlier—6:30 p.m. instead of 7:00 p.m. • Designate total meeting time from 6:30 p.m. to 10:00 p.m. • Add "Mayor's Statement to the Public"to the Agenda. • Add time limit to each agenda item listed as we have done with the Budget Agendas. • Council Members should contact appropriate staff prior to the Town Council meeting for background information regarding agenda items. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 • If a blue speaker card is submitted on an item that is not a public hearing, and the Mayor allows them to speak, he should state that"although this is not a public hearing, he will allow public comment." • Strictly adhere to the 3 minute time limit. • As soon as the speaker is finished, turn meeting back over to the Council, as it is not a public hearing. • Attempt to limit requests to remove Items listed under the Consent Agenda. 4. Delayed Action on passage of Ordinances Option 1 from Town Attorney: Each resolution, ordinance, report and other document coming before the Council shall first be placed on a Council calendar with a notation that the matter is not eligible for placement on a Council Agenda until 15 days from the date it was first placed on the calendar. The complete text of each proposed resolution, ordinance, report or other document shall be made available to each member of the Council at the time of initial placement on the calendar. (Each proposed ordinance, resolution, report or other document initially placed on the Council calendar is hereby declared to be a public record). At that time of such placement on the calendar the Town Clerk is directed to make available to the general public three complete copies of the text of such resolution, ordinance, report or other document. At any time after 15 days of initial placement on the Council calendar the proposed resolution, ordinance, report or other document is eligible for placement on the Council's Agenda. A copy of such calendar shall be attached to each Council Agenda. Option 2 from League of Arizona Cities & Towns: Announce at the beginning of the item that "due to the importance of this ordinance, the ordinance will be reviewed this evening and adoption will be delayed for 30 days to allow the public time to review the proposed ordinance." (This way the Town Code does not have to be amended and allows the Council flexibility to address the ordinance on a case by case basis). Cathy Connolly stated she is discouraging cities/towns from having a first and second reading of ordinances. We will attend the Retreat and will be happy to discuss our suggestions in more detail. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 ATTACHMENTS: 1. Memorandum from Bill Jansen 2. Adopted Council Policies and Procedures 3. Consent Agenda provision from Town Code dela ArgiallfrAILAk4i Department Head Vfiriknyti(t'• ekt&a,,te,' De• /-nt Head .► L_.. d4. .. 4 own Manag- TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS INTEROFFICE MEMORANDUM TO: KATHI CUVELIER,TOWN CLERK FROM: WILLIAM A.JANSEN,TOWN ENGINEER SUBJECT: RECOMMENDEDATIONS FOR REDUCIION OF TOWN COUNC:ii.AGENDA ITEMS DATE: MAY 26, 1999 Department of Public Works staff has reviewed activities this Department regularly performs requiring Town Council action to consider those that might be handled administratively. Listed below are those activities, currently requiring Town Council action, which I recommend require only administrative approval: 1. Placement of stop signs and other regulatory traffic signs presently require Town Council action.Chapter 11,Article 11-3-3 of the Town Code states that"The police chief or town engineer, zein approzral of the council, shall place and maintain traffic control devices, signs and signals when and as required... ". The Oro Valley Subdivision Street Standards specifies the location of stop signs. I recommend that approval of regulatory traffic control sign placement is handled administratively between the Town Engineer and the Police Chief. 2. Designation of Crosswalks presently requires Town Council action.Chapter 11,Article 11-3-8 of the Town Code states that "The police chief, zeih approzwl by the council, shall designate and maintain...crosswalks...". I recommend that approval of crosswalk placement be handled administratively between the Town Engineer and the Police Chief. 3. Placement of signs restricting parking presently requires action by the Council. Chapter 11, Article 11-4-3 of the Town Code states that "The police chief or town engineer, wih apprnzul of the council,may erect signs[restricting parking]. In many cases the provisions for parking are spelled out by the Subdivision Street Standards. I recommend that approval of parking restriction signs be handled administratively between the Town Engineer and the Police Chief. 4. Waivers to "No Access Easements" presently require approval by the Town Council. The large majority of these waivers are granted to allow access to back yards for the construction of swimming pools.The requirement for Council approval considerably lengthens the time necessary to acquire a pool permit.This places an undue hardship on residents wishing to construct a pool. The intent of the "No Access Easement" is to regulate the location of driveways and other permanent access locations rather than to prohibit temporary access. I recommend that granting temporary access across "No Access Easements" be approved at the discretion of and by the Town Engineer. Changes to our procedures discussed in 1-3 above will require amendments appropriate sections of the Town Code. • ORDINANCE NO. (0)96-05 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING, APPROVING AND ADOPTING THAT CERTAIN DOCUMENT TO BE KNOWN AS THE "TOWN COUNCIL POLICIES AND PROCEDURES. " WHEREAS, in the interest of effective and efficient government it is deemed desirable to have a set of policies and procedures governing the Town Council of the Town of Oro Valley; and WHEREAS, pursuant to the Oro Valley Town Code and Arizona State Law the Oro Valley Town Council is charged with making policy decisions in the interests of the Town; and WHEREAS, the Town Council wishes to adopt or modify certain rules and regulations pertaining to the running of the Town by the Council for purposes of clarification; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, as follows: 1 . That the Oro Valley "Town Council Policies and Procedures" attached hereto as "Exhibit 1" is hereby adopted in its entirety. 2 . That the Town Manager, other administrative staff and employees of the Town of Oro Valley are hereby authorized and directed to implement the approved "Town Council Policies and Procedures . " 3 , That any Oro Valley Town Code or other policy provisions in conflict with these adopted "Town Council Policies and Procedures" are hereby rescinded. 4 . That should any section of these policies and procedures be found to be unconstitutional or unenforceable, or in violation of State law by any Court of competent jurisdiction, those section(s ) will be deemed to be severable, and of no effect on the rest of the document. PASSED, ADOPTED AND APPROVED by the Mayor and Council of the Town of Oro Valley, Arizona, this 7 day of t-ebr J , 1996. a.12," UP-a< Cheryl • alsky, Mayo, ATTEST: /4kax_i Kathry1 E. Cuvelier, Town Clerk APPROVED AS FORM: Tobin Sidles , Town Attorney Pub: Mar.26,27,28,29, 1996 Daily Territorial POSTED 3/25 - 4/24, 1996 9:30 a.m. TOWN COUNCIL POLICIES & PROCEDURES TOWN OF ORO VALLEY, ZONA SECTION I. - PURPOSE 1. General Purpose: The Town Council of the Town of Oro Valley, Arizona, in attempting to fulfill its responsibility to govern the Town and to fully and faithfully perform its duties in the best possible manner, formulates these Policies & Procedures for use by the Town Council. It is intended that these Policies & Procedures shall set standards and usual procedures for the conducting of public meetings of the Council. These Policies & Procedures shall be in effect for all Town Council meetings until modified or suspended by majority vote of the Town Council. SECTION IL - PUBLIC MEETINGS 1. Public Meetings: All meetings of the Council shall be public meetings and shall be conducted in accordance with A.R.S. §38-431 et seq. (the "open meeting law") and all other federal, state and local laws. The Town Council shall hold regular meetings on the first and third Wednesday of each month although the actual dates of the meetings may be changed from time to time. Study sessions and special meetings of the Council shall be held at the call of the Mayor or the call of three or more Council members. Study sessions shall not be conducted as formally as Council Meetings, although they shall follow all state laws and shall generally follow these Policies & Procedures. 2. Notice of Meetings: Notice of each meeting shall be distributed at least twenty-four hours in advance to each Council member (if possible), and posted in at least three places as provided by law. In the case of an emergency as defined by the open meeting law, notice shall be as soon as is reasonable under the circumstances. Notice in this paragraph is intended to mean a complete agenda of the meeting, including the kind of meeting, location, date and time of the meeting. Notice to Council members of all non-regular meetings shall be any means possible to assure that the best possible efforts were made to contact each Council member. 3. Minutes and Recordini of Meetings: Written minutes shall be taken of each Council Meeting, and if recording equipment is available, each Council Meeting shall also be tape recorded. These provisions shall not apply to executive sessions, which are governed elsewhere in these Policies & Procedures. r:\wp51\councii\policies.6-010596-4:00 pm 1 SECTION III. - AGENDAS 1. Agenda Preparation: Agendas for Town Council Meetings shall be prepared by the Agenda Committee, which shall be made up of the Mayor (or Vice-Mayor), Town Manager and Town Clerk, with review of the proposed final agenda by the Town Attorney. The Agenda Committee shall review the items on each agenda. As per Section 2-5-2 Introduction of the Town Code: "Ordinances, resolutions and other matters or subjects requiring action by the council shall be introduced and sponsored by a member of the council...". 2. Placing Items on Agendas: The Agenda Committee will meet to prepare the agenda no later than 10 days prior to the meeting to draft the agenda. 3. Council Packet Materials: Council packets will be delivered to all Council members on Friday five (5) days prior to the Council Meeting. These deadlines may be waived for any particular item by the Mayor or Town Manager only if it is determined that it is impossible to meet the deadline. 4. Agenda Sequence: Shall be in accordance with the Oro Valley Town Code. 5. Consent Agenda: Shall be in accordance with the Oro Valley Town Code. 6. Order of Business: Shall be at the discretion of the Mayor, so long as there is no attempt to deny the public the opportunity to participate. The Mayor may amend the order of the agenda at and during the course of a meeting with the approval of a majority of the Council. SECTION IV. - DUTIES AT MEETINGS 1. Presiding Officer of Meetings: The Mayor shall be the presiding officer of the Council. In the event of the absence of the Mayor, the Vice-Mayor shall be the presiding officer until the return of the Mayor. In the event of the absence of both the Mayor and Vice-Mayor, a temporary presiding officer shall be appointed by the Mayor, and that person shall serve until the return of the Mayor or Vice-Mayor. Upon the return of the Mayor or Vice-Mayor, the temporary presiding officer shall relinquish the chair when the business immediately before the Council is completed. The word "Mayor" as used in these Policies & Procedures shall mean the presiding officer of the meeting as set forth in this paragraph. 2. Duties of Mayor: The Mayor shall call the meeting to order. The Mayor shall preserve strict order and decorum at all regular and special meetings of the Council. The Mayor may move, second and debate from the chair, subject only to such limitations of debate as are imposed on all members. The Mayor shall not be deprived of any of the rights and privileges of a Council member. The Mayor shall r:\wp51\councii\policies.6-010596-4:00 pm 2 determine whether the public shall be heard on any item unless the item is advertised as a public hearing. Once the public is allowed to address an item, all members of the public may speak as to that item. Public participation shall be on an item-by-item basis at the sole discretion of the Mayor except for listed public hearings. In the event of unruly behavior of any member of the public, as determined by the Mayor, the Mayor shall issue a verbal warning. A second episode of unruly behavior will result in a second verbal warning that such further behavior may result in removal from the meeting. A third episode at one meeting will result in the Mayor having the Sergeant-at-Arms (For the Council this shall be the Chief of Police or in his absence the Town Attorney) remove the person from the meeting room until such time as the person agrees and publicly acknowledges to the Chair that there will be no further disturbances. If a person makes that public acknowledgement, they may be allowed to return to the meeting. A fourth disturbance shall result in expulsion from the remainder of that meeting. In the event there is unruly behavior by a member of the Town Council after a warning by the Mayor and a vote by two-thirds of those Council members present, the unruly Town Council member may be removed from the meeting. 3. Duties of Clerk: The Clerk shall take the Roll Call. The Clerk shall announce each agenda item, reading into the record the item as listed on the Agenda, sufficiently to advise the Council and public as to what business is about to be considered by the Council. The Clerk shall also read motions into the record as set forth in these Policies & Procedures and perform other duties as set forth in these Policies & Procedures, by state law, or as directed by the Town Manager. 4. Sergeant-At-Arms: The Police Chief, or his designee(s), are appointed the Sergeant- at-Arms of the Council meetings, and shall carry out all orders and instructions given by the Mayor for the purpose of maintaining order and decorum at the Council meeting. If the Police Chief or his substitute are not available, this role will fall to the Town Attorney or another designee by the Chair. Upon instructions by the Mayor following the process listed above, it may be the duty of the Sergeant-at-Arms to remove any person who violates the order and decorum of the meeting. 5. Council Members: Shall attend all regular meetings. According to State law (A.R.S. §38-291(6)), should there be an absence for a period of 3 months, with the time starting as of the first Council study session or meeting missed, the matter will be referred to the proper legal authorities. This may include removal from office. All Due Process rights will be followed and the accused is allowed an attorney. Said attorney shall be paid for out of the accused Councilmember's own pocket. r:1wp51\counciilpolicies.6-010596-4:00 pm 3 SECTION V. - PROCEDURES FOR MEETINGS 1. Call to Order: The Mayor shall call the meeting to order. 2. Roll Call,: Roll shall be called by the Clerk. 3. ,Agenda,: The Mayor shall vote to approve the agenda as written, or shall modify the agenda by moving items. Once an item is discussed at a meeting and the Council has gone on to another agenda item, the item considered cannot be again considered at that same meeting, unless it can be positively determined that all persons who were present when the item was first considered are still present. The purpose of this rule is to confirm that if the public leaves a meeting thinking that their item has been considered and concluded, that item is not again considered at the same meeting. 4. Approval of MinuteskAbstentions: The Clerk shall present minutes to the Council for approval. Council members who were not present at a previous meeting may abstain from the vote approving those minutes. The Council may approve multiple minutes by one vote, and if one or more council members expressed a desire to abstain from the vote on one set of minutes, the motion shall be to approve the minutes "except as noted by Council member(s) ". This shall be the only exception to the rule that an abstention shall count as a no or negative vote. 5. Call to the Public: Persons wishing to address the Council on an item not already on the agenda may do so at the discretion of the Chair, although each speaker may be limited to three minutes. The Mayor or Council may limit the total time offered speakers, if necessary. All such remarks shall be addressed to the Council or stag as a whole, and are not to be addressed to any specific member of the Council or, staff. Should any item be addressed to a specific member, it shall be ignored, and the Mayor shall remind the speaker that they must address the question to the entire body. No person other than the speaker shall enter into the discussion without the permission of the Mayor. By state law, the Council may not address, discuss or vote upon any petition, comment or announcement made by the public, although these items may be placed on a future agenda. 6. Staff Reports: A Council member may ask a staff member about a particular issue in his/her report, but discussion and action on any item mentioned in a staff report may not be held unless that item is properly placed on the agenda. r:\wp51\councii\poiicies.6-010596-4:00 pm 4 7. Order of Business: The Clerk shall announce each order of business, and the Mayor shall then ask the Council its pleasure on the item. A motion need not be made in order for an item to be discussed. Unless the Council determines that no report is necessary, staff shall have an opportunity to report on the issue and will respond to Council questions. At any time that the agenda item is before the Council, a motion may be made as provided in these Policies & Procedures. 8. Town Manager's & Council Reports: The Town Manager's and Council reports may be in writing or oral. Any Council member may ask the Town Manager or Councilmember about a particular item in his/her report, but discussion and action on any item mentioned in his/her report may not be held unless that item is properly placed on the agenda. 9. Future Agenda Items: Any Council member may request that an item be placed on a future agenda by contacting a member of the Agenda Committee. This provision applies to all members of the Mayor and Council. SECTION VL - EXECUTIVE SESSIONS/STUDY SESSIONS 1. Placement on Agenda: Executive sessions may be placed on an agenda under the same circumstances as any other agenda item. 2. Attendees at Executive Sessions: Under normal circumstances, executive sessions shall be attended only,by the Mayor and Council, Town Manager, Town Clerk and Town Attorney. A majority of the Council may vote at the public session prior to the executive session to have other individuals attend the executive session as necessary. These other individuals must be necessary for the consideration of the item, and may not remain in the Executive Session once that particular item has been discussed. Whether or not a person is considered necessary is dependent upon approval of that person by the Council. 3. Minutes of Executive Sessions: The Town Clerk, or designee, shall take written minutes of executive sessions to document the nature and extent of the discussions. All minutes of executive sessions shall be sealed and retained by the Town Clerk as a confidential, non-public record. 4. Executive Session Discussions and Materials: All Executive Session discussions and materials are considered confidential and non-public information. No discussion or materials may be disseminated to anyone outside of the Mayor and Council, Town Manager, Town Attorney and Town Clerk. Any discovered or suspected violation shall be reported to the Town Attorney immediately. 5. Study Sessions: Study Sessions may be run in a more informal manner. At no time shall any final decision be made at a study session. r:\wp5l\councii\policies.6-010596-4:00 pm 5 SECTION VIL - PUBLIC HEARING PROCEDURE 1. Agenda Procedure for Public Hearing: A public hearing may be placed on the agenda under the same agenda item as the discussion and action of the Council. The normal procedure for public hearings shall be as set forth hereafter. a. Calling Agenda Item: The agenda item shall be called by the Clerk as any other agenda item. b. Staff Report: Staff shall have an opportunity to report on the issue and answer questions by the Council. c. Proponent Presentation: The proponent may make an opening statement in order to explain the item to the Council and public. The Mayor or Council may limit the time for this statement as necessary. d. Declaration of Public Hearing: The Mayor shall declare that the Council is now in public hearing. If the matter is not a public hearing, it shall be at the discretion of the Mayor as to whether the public may be allowed to speak. e. Public Input: In the event a person in the audience wishes to address the Council on an issue on the agenda which is not a public hearing, the Mayor shall determine whether they wish to hear from the public on the issue. That person may be permitted to speak; however, any such public address may be limited to three minutes per person for public or non-public hearings and as otherwise restricted by the Mayor. Written communications which were delivered to the Town Clerk prior to the agenda item being called shall be copied and delivered to each Council member. However, all such written communications shall not be read into the record by the Town Clerk unless, by a majority vote of members present, the Council votes to have the Town Clerk read the item into the record. Once public hearing has been closed, no further verbal/written input shall be taken. f. Proponent Closing Statement: The proponent shall be allowed a brief closing statement in order to rebut the statements made by the public, to offer a compromise, or to otherwise address the issue. g. Declaration of End of Public Hearing: Unless a majority of the Council members object, the Mayor shall declare the public hearing as ended. Once the public hearing is closed, no oral or written communications may be accepted from the audience. h. Council Discussion: Discussion by Council members may be held at this time, or reserved until the Council has come out of public hearing. r:1wp511counciilpoiicies.6-010596-4:00 pm 6 i. Council Discussion and Vote: The agenda item will then be discussed and action taken as on any other agenda item. SECTION VIII. - DISCUSSION AND VOTING PROCEDURE 1. Quorum Necessary: It will be necessary for a quorum to be present in order for the Council to consider or act upon any business. A quorum shall consist of a majority of the members of the Council. In the event a quorum is not present, the meeting shall be called to order, and the only motion that can be made, considered and passed is a motion for adjournment. 2. Conflicts of Interest: Each Council member has a responsibility for compliance with A.R.S. X38-501 et seq., concerning conflicts of interest. Any member of the Council who believes he or she has a conflict of interest, shall, immediately upon determining that a conflict exists, declare that they believe they have a conflict of interest. That Council member shall then leave the room and shall refrain from taking any part in the meeting, discussion, consideration or determination of that issue. If that issue is not resolved at that meeting, that Council member shall not discuss the matter with any other Council member until the matter is finally resolved. The member who declared the conflict may return to his/her seat when that agenda item is completed. 3. Getting the Floor: Every Council member desiring to speak shall address the Mayor, and upon recognition by the Mayor, shall confine himself/herself to the question under debate. 4. Interruptions: A Council member, once recognized by the Mayor, shall not be interrupted when speaking unless it is to call him/her to order. If a Council member, while speaking, is called to order, he/she shall cease speaking until the question of order is determined, and, if in order, he/she shall be permitted to proceed. 5. Making and Seconding a Motion: There can be no discussion after a motion is made until there is a second or the motion dies for lack of a second. 6. Reading of Motion for Discussion: After the motion is made and seconded, the Mayor shall then call for discussion. 7. Amendments to a Motion: a. Voluntary: At any time before the question is called on a pending motion, the Council member who made the motion may ask that his/her motion be amended. If the Council member who seconded the vote agrees, then the motion shall be considered amended voluntarily. No more than one amendment to an amendment shall be permitted for any item. r:\wp51\councii\policies.6-010596-4:00 pm 7 b. Involuntary: At any time before the question is called on a pending motion, a Council member may make a motion to amend the motion. At that time the discussion of the underlying issue will stop. If there is not a second to the motion to amend, then discussion on the underlying issue will continue. If the motion to amend is adopted by a majority of the Council, discussion will continue on the (now) amended motion. If the motion to amend fails, discussion will continue on the original motion on the floor. c. Voluntary Withdrawal: At any time before the question is called on a pending motion, the Council member who made the motion may ask that his/her motion be withdrawn. The motion will be withdrawn only in the event that the Council member who seconded the motion agrees with withdrawal of the motion. 8. Calling the Ouestion: Discussion shall end at the time the question is called, or at the time the Mayor determines that there is no further need for discussion. 9. Taking the Vote: The Mayor shall ask Council members to designate his/her vote by announcing "aye" or "nay". If, prior to the vote or after the vote, any Council member requests a roll call vote, the Clerk shall call roll, and each Council member shall state his/her vote aloud. Any abstention shall count as a "nay" vote. 10. Announcing the Result of the Vote: After the vote, the Mayor shall announce whether the motion failed or passed. If the vote was unanimous, the Mayor shall so state, and if it was not, the Mayor shall state the individual vote for the record, stating the number of "aye" and "nay" votes. 11. Tie Votes: In the case of a tie in votes on any motion, the motion shall be considered lost. The item itself may be continued to another meeting. 12. Ordinance Emergency Clause: Ordinances shall be prepared as provided by law. SECTION IX. - MOTIONS TO RECONSIDER 1. Placement on the Agenda: Reconsideration of any action taken (or not taken) by the Town Council may be requested only,by a Council member who was on the prevailing side of the vote. 2. Discussion and Vote on the Original Issue: If the motion to reconsider failed, the Council will skip the next agenda item, which will be the discussion and vote of the original issue. If the motion to reconsider was successful, the Council will discuss and vote on the original issue as for any other business before the Council, and any Council member may make motions on the original issue. r:\wp51\councii\poiicies.6-010596-4:00 pm 8 SECTION X. - APPOINTMENT OF COMMISSIONS, COMMITTEES, ADVISORY BOARDS All appointments shall follow this procedure. The Town Clerk shall advertise to fill vacancies of all commissions, committees and advisory boards. Upon receipt of the applications the Town Manager, the Council Liaison and the Chair of the Commission, Board or Committee needing the member shall review the applications and conduct whatever interviews are necessary. The Town Manager, Council Liaison and the Chair shall submit a list of not more than three finalists to the Council for their consideration. The Council will make the final determination of appointment from this list. All committee appointments must be made by a majority vote of the Council or as established in the Town Code. SECTION XL - CODE OF CONDUCT 1. Provide competent representation for the citizens of Oro Valley. Competent representation requires the knowledge, skill, thoroughness and preparation reasonably necessary to make an informed decision regarding issues coming before the Council which directly affects the citizens they represent. 2. Meet in accordance with the Open Meeting Law as required by Arizona state law discussing only those issues noted on the agenda, only discuss and decide issues at a properly noticed public meeting. 3. Maintain confidentiality of matters discussed in Executive Session and those issued under a 'confidential' caption by legal counsel. 4. Demonstrate respect for the political system and for those who serve it, including other public officials. 5. Immediately and publicly declare a conflict in matters which would have the appearance of impropriety for the Council member to vote due to a pecuniary interest or bias. The Council member shall not use his/her position to influence the vote and shall abstain from any discussion or vote on the conflicted matter. 6. Exercise independent judgment in rendering a decision and provide factual basis for such decision. 7. Seek advice of the staff legal counsel at any point that a legal issue arises or where litigation is alleged. 8. Show respect to all colleagues by acting in a professional and dignified manner whether in support of the issue or expressing an adverse point of view. r:\wp511councii\policies.6-010596-4:00 pm 9 9. Communicate openly and honestly so as to instill confidence and trust between the citizens and their chosen public officials. 10. Consider the weight of the regulations on the majority and the long term effects. 11. Not unfairly obstruct another member's access to information or documents by altering, destroying or concealing materials which should be provided to all members. 12. Serve as a representative of the Town of Oro Valley on boards of outside agencies or internal boards, commissions and committees as appointed by vote of the Council. Such appointments are intended for the purpose of gathering information and sharing viewpoints regarding issues which will directly affect Oro Valley. Council members shall inform the entire Council in regard to the information or proposed regulations which will affect Oro Valley and share with the agency the majority decision or viewpoint of the Oro Valley Town Council. 13. Be available to the citizens he/she represents. 14. Perform the duties of office impartially and diligently. 15. Refrain from inappropriate political activity. 16. Should seek improvement of the laws, rules, regulations and quality of services rendered on behalf of all Oro Valley citizens. 17. As an elected public official, [a Council member] has a responsibility to assure that regulations promulgated by it are in the public interests and not in furtherance of self- interest concerns which would violate state law. r:\wp51\councif\policies.6-010596-4:00 pm 10 2-4-2 2-4-2 Special Meetings all written reports, communications, The mayor may convene the council for the ordinances, resolutions, contracts and other purpose of holding a special meeting any documents to be submitted to the council, time after giving at least 24 hours notice of prepare an agenda according to the order of such meeting to members of the council and business and furnish each councilmember, the general public. In addition, any three (3) the mayor and the attorney with a copy of councilmembers may convene the council for the agenda and any material pertinent the purpose of holding special meetings any thereto. time after giving at least 48 hours notice of such meeting to member of the council and 2-4-6 Consent Agenda the general public. All notices to the general A. When any item of business requires public pertaining to special meetings shall action by the council, but is of a routine and include the date, place, hour and purpose of noncontroversial nature, such item may be such special meeting in accordance with state presented at a regular meeting of the council law. In the case of an actual emergency, any as part of a consent agenda. councilmember may convene the council B. The consent agenda shall be introduced upon such notice as is appropriate to the by a motion "To approve the Consent circumstances in accordance with state law. Agenda," and shall be considered by the (Amended 12/20/91) (Amended 8/19/92) council as a single item. C. There shall be no debate or discussion by any member of the council regarding any 2-4-3 Meetings to Be Public item on the consent agenda, beyond asking All proceedings of the council shall be g y p g questions for simple clarification. open to the public, except that upon approval by a majority vote of the council, the council D. All items on the consent agenda which may meet in a closed executive session require public hearings shall be open for pursuant to the provisions of state law. hearing simultaneously, and the mayor shall Notice of meetings shall be given in a announce, or direct the town clerk to manner consistent with state statutes. announce, the titles of all such items. E. Upon objection by any member of the 2-4-4 Quorum council to inclusion of any item on the A majority of the council shall constitute consent agenda, that item shall be removed a quorum for transacting business, but a from the consent agenda forthwith. Such lesser number may adjourn from time to objections maybe recorded at anytime prior time time and compel the attendance of absent to the taking of a vote on the motion to members. approve the consent agenda. All such items shall be considered individually, in the order 2-4-5 Agenda in which they were objected to, immediately J Prior to each council meeting, or on or followingconsideration of the consent before a time fixed by the council for agenda. preparation and distribution of an agenda, whichever is earlier, the clerk shall collect F. Approval of the motion to approve the 2 - 6 2-5-2 the to permit any action that is contrary to state motion to F. Approval of theapprove consent agenda shall be fullyequivalent to statutes. g q approval, adoption or enactment of each resolution, ordinance or other item ARTICLE 2-5 ORDINANCES, motion, RESOLUTIONS of business thereon, exactlyas if each had AND CONTRACTS been acted upon individually. 2-4-7 Order of Business; Proceedings of 2-5-1 Prior Approval g 2-5-2 Introduction the Council A. The business of the council shall be 2-5-3 Public Hearing Required taken upfor consideration and disposition in 2-5-4 Reading Required p 2-5-5 Requirements for an Ordinance an order set forth by the council. q 2-5-6 Effective Date of Ordinances B. The mayor shallpreserve order and 2-5-7 Signatures Required Y 2-5-8 PublishingRequired decorum, decide all questions of order and q conduct the proceedings of the meetings in 2-5-9 Posting Required p g g an orderly manner. The mayor may proceed in accordance with the parliamentaryrules 2-5-1 Prior Approval All ordinances, resolutions and contract contained in Robert's Rules of Order. documents shall, before presentation to the 2-4-8 Committees and Commissions council, have been reviewed as to form by The council maycreate such committees the attorney and shall, when there are substantive matters of administration and commissions, standing or special, as it i deems necessar . Theyshall consist of as nvolved, be referred to the person who is Y charged with the administration of the many members and shall perform such duties g the council ma re quire and shall exist at matters. Such person shall have an as y q opportunity topresent his the pleasure of the council. pp y comments, suggestions and objections, if any, prior to the passage of the ordinance, resolution or 2-4-9 Voting A. The mayor shall vote as a member of acceptance of the contract. the council. 2-5-2 Introduction B. U on the re quest of anymember the Ordinances, resolutions and other matters p q or subjects requiring action bythe council ayes and nays upon any question shall be q g taken and entered in the minutes. shall be introduced and sponsored by a member of the council, except that the 2-4-10 Sus pension of Rules attorney, the manager or the clerk may P present ordinances, resolutions and other Any of the provisions of this article may be temporarily suspended in connection with matters or subjects to the council, and any p Y p member of the council mayassume any matter under consideration by a recorded vote of three-fourths of the members resent sponsorship thereof by moving that such p ordinance, resolution, matter or subject be except that this section shall not be construed 2 - 7 RESOLUTION NO. (R) 95Z2 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THAT DOCUMENT KNOWN AS THE "TOWN OF ORO VALLEY POLICY FOR THE ANNEXATION OF UNINCORPORATED LAND" AND MAKING SUCH DOCUMENT A PUBLIC RECORD; AND RESCINDING RESOLUTION NO. (R)93- 18 WHEREAS, the Town of Oro Valley has, in the past, annexed unincorporated areas into the town limits, and WHEREAS, the Mayor and Council desire to update and revise the policy of established guidelines for future annexations to ensure that any such annexations will be logical, practical, financially feasible and in the best interest of the town's present and future residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: That certain document known as "Town of Oro Valley Policy for the Annexation of Unincorporated Land" dated maY 5, 1995which is attached herewith and labeled as "Exhibit A", three copies of which are on file in the office of the Town Clerk, is hereby adopted, declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. That this resolution shall supersede Resolution No. 93-18, which adopted a previous annexation policy, and Resolution No. 93-18 is hereby rescinded. /7 Oro Valley, Arizona this L day AND ADOPTED by the Mayor and Council of the Town of of May , 1995. .24Ve—L4-, Cheryl Skal y, Mayor ATTEST: -vim Cr'6444c1-41-: Kathry . Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin S idles, Town Attorney EXHIBIT A Town of Oro Valley Policy for the Annexation of Unincorporated Land May 5, 1995 The annexation of unincorporated areas of Pima County of the Town of Oro Valley shall consider the following guidelines: 1) Pursue the filling out and squaring off of the town limits. Strive toward a configuration for the town limits which eliminates county islands and peninsulas and yields an identifiable, manageable boundary for the town. 2) Areas to be considered shall be prioritized as to quantifiable benefit to the Town. 3) Require the submittal of a fiscal impact analysis for both undeveloped (rural) and developed the level of detail and contents of which may vary with the intensity or complexity of properties, the proposed or existing use of the land. Such analysis is required, regardless of who initiates the annexation process. 4) Future annexations of the Town shall be generally consistent with the policies and the planning area of Town's adopted General Plan. 5) Consider a proactive stance on annexations initiated in areas deemed most fi6eftily beneficial to the Town as indicated by town-prepared studies and/or professional regional studies. 6) Lands annexed by the Town shall have existing, ordinanced zoning translated to Oro Valley districts in conformance with state law and to densities and uses no greater than those permitted by the 4oning ordinance of the governing jurisdiction immediately before annexation. 7) The Oro Valley Planning and Zoning Commission shall review any proposed annexation for conformity to the adopted General Plan. The Commission shall forward a recommendation to the Town Council within 90 days of the initial hearing on the proposed annexation. 8) Pre-annexation/development agreements shall be considered by the planning and zoning commission and town council where appropriate during the annexation process with a five year limitation then subject to review at the end of the five year period. TOWN OF ORO VALLEY \_LEY O ._..----:::-. .: -::-.-•::::,:•-:,--:_-•. : OA <Z--- . •-•-•:' :- --- • .- --. -:1-____-:::..-.. 0 • --,- -. - -•_.:- :- 7 G) - . . • ?" . . . . - - -- - -,7:f. ,... :-• ::::. .-:...... .„. . . ., .:;.- . . - ., ---.::.f:- ,... .:.:-..-.....:-...;:-..:.-:.....v...i.'..,:::"...,..: .--:,33. ..:..,,.:::,!:.,..:f:.„4 -x-:.:,:,::::::. tek. --: , fir` _1 y.1:: • ;,,.-. r., .. 6, .. ...„..:., 'li. A. _. p'i'' ,,,,, -'i�'�. _� is . a• .A.:: .....„,„„.....,....„1„,_ A, ,.,s_.-..,:„..,,,,.....:.,,.. ..,,-i.,....,-;._:,::::, 1 b,,00A 0NOED 1\9 COMMUNITY ECONOMIC DEVELOPMENT STRATEGY THIS INFORMATION WAS PREVIOUSLY DISTRIBUTED TO YOU. PLEASE CONTACT THE TOWN MANAGER IF YOU NEED ANOTHER COPY.