ORO VALLEY TOWN COUNCIL
June 18, 2008
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 7:00 PM
|Paul Loomis, Mayor |
Al Kunisch, Vice Mayor
K.C. Carter, Council Member
Bill Garner, Council Member
Barry Gillaspie, Council Member
Salette Latas, Council Member
||Paula Abbott, Council Member |
Mayor Loomis led the audience in the Pledge of Allegiance.
Town Manager David Andrews reviewed the upcoming meetings and events.
Council Member Latas reported that she and Council Member Garner attended the Newly Elected Officials training in Phoenix.
Communications Administrator Mary Davis reported that the Greater Oro Valley Arts Council (GOVAC) is sponsoring a Community Food Bank drive as part of the July 4th festivities that will be held at the CDO Riverfront Park. She encouraged the residents of the Town to support the drive and bring food donations to the celebration. Ms. Davis also reported that Council Members Latas, Abbott and Gillaspie have expressed interest in having a banner available for members of the public to write messages to the troops stationed overseas. These banners will be available in the Oro Valley Public Library during the month of July and then shipped to our military.
Council Member Latas stated that her son served in Iraq and messages from home were very important to him. She stated that she has contacted local veterans groups and they will help make arrangements for the transport of the banners.
Chief of Police Danny Sharp recognized Commander Jason Larter as a recent graduate of the 233rd session of the FBI National Academy held in Quantico, West Virginia. He stated that Commander Larter was the first Oro Valley officer to attend the National Academy.
Chief Sharp also stated that he was notified that the Governor has appointed him to the Arizona Criminal Justice Commission. He stated that this will be a good opportunity for the Town to be involved in the coordination of grants and funding for the State of Arizona.
Barry Sleight, Oro Valley resident, stated that he felt that additional transportation improvements along Tangerine Road (beyond the RTA plans) needed to be made. He suggested that the Town consider requesting that ADOT, RTA, PAG and our Congressional Delegation consider a 4 to 6 lane divided, limited access road be built.
Arthur Ehramjian, Oro Valley resident, expressed concerns with the recent widening of First Avenue and the impact to his home. He spoke of drainage issues, the concrete wall being to low and unsightly from his house, and the lack of mature trees being planted to mitigate the impact of the wall and road to his home.
Art Segal, Oro Valley resident, expressed concerns about the appearance of the Wal-Mart store that is being built along Tangerine Road in the Oro Valley Marketplace. He also was concerned about the amount of skylights on the building due to the light that would be emitted from them at night.
Mayor Loomis presented a Plaque of Appreciation to Tony Eichorn for his service on the Finance & Bond Committee from July 2004 to June 2008.
At the request of Council, Items G, I and T were pulled from the Consent Agenda for discussion.
MOTION: A motion was made by Vice Mayor Kunisch and seconded by Council Member Carter to approve the Consent Agenda with the exception of items G, I, and T.
MOTION carried, 5-0.
Minutes - 05/14/08; 05/21/08; 05/28/08
Building Safety Activity Report - May 2008
Economic Development Division Monthly Report - May 2008
Northern Pima County Chamber of Commerce Quarterly Report: January 1, 2008 - March 31, 2008
Finance and Bond Committee Report to Council for Quarter Ending March 31, 2008
Resolution No. (R)08- 45 Authorizing and approving an extension to the Intergovernmental Agreement between Pima County, the City of Tucson, the Town of Marana, the City of South Tucson, the Town of Sahuarita and the Town of Oro Valley for a Centralized Bail Bond Acceptance Service
Mayor Loomis opened the floor for public comment.
Barry Sleight, Oro Valley resident, commented on the inspection of bridges in the Town and the future upgrading of the Tangerine Road transportation corridor.
In response to a question from Mayor Loomis, Town Engineer Craig Civalier explained that the Town currently has an Intergovernmental Agreement (IGA) with the Arizona Department of Transportation (ADOT) to conduct bridge inspections which cost approximately $8000.00 each. He stated that with the approval of Resolution (R)08-46, bridge inspections would be conducted by ADOT every two years at no cost to the Town due to funding from the Federal Government.
MOTION: A motion was made by Council Member Carter and seconded by Vice Mayor Kunisch to approve Resolution (R)08-46.
MOTION carried, 6-0.
Resolution No. (R)08- 47 Amending that Document Known as the "Rules and Operating Procedures of the Finance and Bond Committee" (The Finance and Bond Committee members would like to add to their scope of work the ability to allow for committee review and input on staff’s recommendation for hiring future independent auditing firms for the Town)
MOTION: A motion was made by Council Member Gillaspie and seconded by Vice Mayor Kunisch to approve Resolution (R)08-48 authorizing the Planning and Zoning Director to make the appropriate changes to the zoning map for Rancho Vistoso Neighborhood 2.
MOTION carried, 6-0.
Resolution No. (R)08- 49 Approving an Intergovernmental Agreement between the Town of Oro Valley and the Arizona Board of Regents for the University of Arizona to extend membership in the Water Conservation Alliance of Southern Arizona (Water Casa)
Resolution No. (R)08- 50 Supporting the application to the Arizona Department of Transportation for a Transportation Enhancement Program Grant to fund reconstruction of portions of the Steam Pump Ranch Site
Resolution No. (R)08- 51 Approving the application for Historic Preservation Heritage Funds for Steam Pump Ranch
Ratifying the Town Manager’s submittal of a funding proposal to the Tohono O’odham Nation for $216,186 to complete the Honey Bee Village Preserve
Reappointment of David Powell, Robert W. Milkey and Elizabeth Shapiro to the Oro Valley Water Utility Commission effective July 1, 2008 through June 30, 2011
Reappointment of Lyra Done and Bob Delaney to the Parks and Recreation Advisory Board effective July 1, 2008 through June 30, 2010; Extension of term for one month for Robert Evans and Margot Hurst to expire on July 31, 2008; and correction to the term of Greg Roberts from June 30, 2008 to June 30, 2009
Reappointment of Peter Lamm and Robert Harris to the Finance and Bond Committee effective July 1, 2008 through June 30, 2010 and appointment of Jared Parks to the Finance and Bond Committee effective July 1, 2008 through June 30, 2010
Reappointment of Mary Caswell, Tom Gribb, and Ray Shelton to the Development Review Board effective July 1, 2008 through June 30, 2010 and appointment of Merry Jill Anderson to the Development Review Board effective July 1, 2008 through June 30, 2010
Reappointment of Clark Reddin to the Planning & Zoning Commission effective July 1, 2008 through June 30, 2010 and appointment of Scott Merry and Joe Hornat to the Planning & Zoning Commission effective July 1, 2008 through June 30, 2010
Appointment of James Loughney to the Planning & Zoning Commission (to fill Doug McKee’s position when vacated) effective January 1, 2009 through June 30, 2010
Mayor Loomis opened the floor for public comment.
The following citizens expressed concerns regarding the recommended appointments to the Board of Adjustment:
Charlene Pezel, Oro Valley resident
Geri Ottabani, Oro Valley resident
Sandra Hoy-Johnson, Oro Valley resident
Council discussion followed regarding:
~ Revise the Board/Commission appointment process (currently on upcoming Study Session agenda).
~ Adopted appointment process was followed: opening was advertised, applications received by closing date and candidates were interviewed and recommendations were made by the Interview Panel.
~ Board of Adjustment (BOA) policy is different from other Boards/Commission policies. Zoning Code currently provides for BOA processes - (Zoning Code currently provides for no term limits but Council Policy provides for term limits and rules of BOA specify terms. The Zoning Code would control conflict between Zoning Code and other policies as it was adopted by Ordinance.)
~ BOA is a quasi-judicial board. Council can not overturn their decisions.
MOTION: A motion was made by and seconded by to
MOTION carried, 4-2 with Mayor Loomis and Vice Mayor Kunisch opposed.
Reappointment of Daniel Zwiener to the Historic Preservation Commission effective July 1, 2008 through June 30, 2011 and appointment of Patrick Foley effective July 1, 2008 to June 30, 2011 and appointment of Valerie Pullara to the Historic Preservation Commission effective July 1, 2008 through June 30, 2010
Reappointment of James Dunn to the Stormwater Utility Commission effective July 1, 2008 to June 30, 2010
Reappointment of Tom Vetrano to the Municipal Property Corporation effective July 1, 2008 to June 30, 2011
Ratifying the Town Manager’s submittal of a funding proposal to the Tohono O’odham Nation for $79,000 to complete the Oro Valley Archaeological and Historical Survey and Plan
Town Clerk Kathryn Cuvelier reviewed the Council Communication.
Mayor Loomis opened the public hearing.
Barry Sleight, Oro Valley resident, expressed concerns with the possible traffic impact to Oro Valley Marketplace by trucks delivering liquor to Wal-Mart. He stated that this was another reason to increase capacity to the Tangerine Road corridor.
MOTION: A motion was made by Vice Mayor Kunisch and seconded by Council Member Carter to recommend approval of the request for a Person and Location Transfer to the Arizona State Liquor Board for a Series 09 liquor license at Wal-Mart Supercenter #3379 to be located at 2150 E. Tangerine Road in the Oro Valley Marketplace.
MOTION carried, 6-0.
Finance Director Stacey Lemos recognized Finance Department employees Wendy Gilden and Art Cuaron for their efforts and hard work on preparing the budget. She then reviewed the tentative budget for fiscal year 2008/2009 and highlighted the following:
~ $204.1 million proposed budget
~ Revenue assumptions
~ Revenue sources
~ Expenditure overview
~ 5 new personnel, 8 position reclassifications,3 position market adjustments
~ Community Funding
~ Expenditure categories
~ Overview of General Fund and Highway Fund
~ Capital Improvement Program - $109.3 million
~ General Fund balance
~ Budget service levels/Assumptions
Ms. Lemos also explained that approval of the tentative budget would provide for the maximum expenditure level which could be decreased but not increased. She then reviewed follow-up issues from the May 29th Budget Study Session.
Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed.
MOTION: A motion was made by Vice Mayor Kunisch to approve Resolution (R)08-52, adopting the Tentative Budget for fiscal year 2008-2009 and setting the Local Alternative Expenditure Limitation for fiscal year 2008-2009 in the amount of $204,066,674 and declaring an emergency.
MOTION carried, 6-0.
Mayor Loomis recessed the meeting at 8:15 p.m. The meeting resumed at 8:25 p.m.
MOTION: A motion was made by Council Member Carter and seconded by Vice Mayor Kunisch to appoint Council Member Latas to the Arroyo Grande Negotiation Support Team.
MOTION carried, 6-0.
Town Manager David Andrews explained that staff has requested that this item be continued so that they can continue to work on a draft incentive policy for the Town. He also stated that Sanofi-Aventis has stated that they appreciate the Town’s desire to create a plan before further consideration of a Financial Participation Agreement.
MOTION: A motion was made by Vice Mayor Kunisch and seconded by Mayor Loomis to continue Resolution (R)08-18, request for approval of a Financial Participation Agreement between the Town of Oro Valley and Sanofi-Aventis U.S., Inc.
MOTION failed, 2-4 with Council Member Carter, Council Member Garner, Council Member Gillaspie, and Council Member Latas opposed.
DISCUSSION: Council Member Garner commented that this item has been continued twice. He stated that the previous Council elected to allow the new Council to make a decision on this item. He stated that he felt that approval of this agreement would be a handout without an incentive policy in place. He commented that Sanofi-Aventis could reapply when an incentive policy was approved. He also stated that this was a budget line item with no incentive policy in place; therefore, those monies should not remain on the "books".
MOTION: A motion was made by Council Member Garner and seconded by Council Member Latas to deny Resolution (R)08-18, request for approval of a Financial Participation Agreement between the Town of Oro Valley and Sanofi-Aventis U.S., Inc.
DISCUSSION: Council Member Gillaspie stated that he has advocated that the Town have a policy in place regarding incentives. He stated that he would vote to deny this as he felt that Sanofi-Aventis would not want their same request on the table until they could see what the new policy actually states.
Council Member Latas commented that she would support the motion to deny as there was no policy in place and it would be irresponsible to give incentives to one particular company and not across the board to others. She also commented that if this item were carried on through the budget, it would be like having a blank check waiting to be cashed.
Vice Mayor Kunisch commented that if this item was continued, it would give the Town time to come up with policy before meeting with Sanofi-Aventis. He also stated that if the item was not left in the budget, Sanofi-Aventis would not be able to come before the Council until next year. He stated that this item should be continued until a policy is in place so if the Council decided to offer an incentive, the monies would be available.
In response to a question from Mayor Loomis, Finance Director Stacey Lemos explained that should Council direct staff to remove this item as a budget line item, the monies would go back into the contingency fund and then the Council could allocate from the contingency fund if they chose to at a later date.
Mayor Loomis asked that a friendly amendment be added to give direction to staff to have Sanofi-Aventis reapply if they want to after a policy is established.
Council Member Garner did not accept the amendment as he did not want to single out a particular company. He stated that if a policy was approved then anyone could apply at that time.
MOTION carried, 5-1 with Mayor Loomis opposed.
Vice Mayor Kunisch - Study Session for Historic Preservation Commission (HPC) and Council to review HPC’s rules has been set (Town Manager David Andrews stated that staff will work on setting up a meeting).
Council Member Carter - Bring back the budget for "fine tuning" on July 2nd for discussion/possible action. Request seconded by Council Member Latas. (Town Manager David Andrews clarified that the final adoption of the budget is scheduled for July 16th).
Council Member Latas - Discussion/possible action on appointment of a Town Historian. Request seconded by Council Member Garner.
MOTION: A motion was made by Council Member Carter and seconded by Council Member Garner to adjourn at 8:45 p.m.
MOTION carried, 6-0.