MINUTES
ORO VALLEY TOWN COUNCIL
Regular Session
December 3, 2008
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
REGULAR SESSION

CALL TO ORDER - at 6:00 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 Andrew announced the upcoming meetings.

COUNCIL REPORTS

Vice Mayor Kunisch stated that he was notified that beginning January 1, 2009 vehicles with license plate frames that cover the word, "Arizona" will be fined $130.

Council Member Abbott announced that the Tucson Police Department was collecting toys for tots. She encouraged the audience to support their endeavor.

DEPARTMENT REPORTS

Town Engineer Craig Civalier announced Stormwater Engineer Dave Parker was certified as a Floodplain Manager by the Association of State Floodplain Managers.

Communications Administrator Mary Davis reminded the audience that the Town’s Annual Tree Lighting Ceremony included a giving tree and that donations to the Adopt-A-Family program were encouraged.

TOWN MANAGER’S REPORT - no report.

ORDER OF BUSINESS:

Mayor Loomis stated that he had received requests to continue Item 2 to February, 2009 and to pull Item "F" and Item 3.

PRESENTATIONS

Pause for Paws - No presentation. 

Laura Cummings of the Census Bureau presented a PowerPoint presentation regarding the importance of the census. She noted that the census information assures funding and representation for communities. She noted that Title 13 protects the identity of the participating individuals.

Stephanie Urdiales, owner of the Golden Goose Thrift Shop presented a video regarding the shop and the organizations that it supports. Ms. Urdiales stated that more than half of the profits benefit multiple charitable organizations, including Catalina Kitchen and the Kids’ Closet.

CALL TO AUDIENCE - No speakers.

1.

CONSENT AGENDA


Council Members pulled Items C, H and F for discussion.

MOTION: A motion was made by Council Member Carter and seconded by Vice Mayor Kunisch to approve the Consent Agenda with the exceptions of Items C, H and F.

MOTION carried, 7-0.

A.

Minutes - October 22 & November 5, 2008


B.

Building Safety Activity Report - October 2008


It was clarified that Vice Mayor Kunisch meant to pull Item B for discussion. His comments regarding the decline in permits issued by Building Safety and the subsequent downturn in revenues were acknowledged.

MOTION: A motion was made by Vice Mayor Kunisch and seconded by Council Member Garner to approve Item C.

MOTION carried, 7-0.

C.

Coyote Run’s Monthly Report - October 2008


D.

Police Report - October 2008


E.

Development Review Process Revisions Informational Update


F.

Resolution No. (R)08 - 85 Authorizing and executing a license agreement between the Town of Oro Valley and the Oro Valley Historical Society to allow for the planting, cultivating, harvesting and maintenance of a historic garden on the site known as Steam Pump Ranch


MOTION: A motion was made by Council Member Gillaspie and seconded by Vice Mayor Kunisch to table Item F.

Council Member Abbott requested a cost estimate for the garden at Steam Pump Ranch from the Historic Preservation Commission to review when the item comes forward again.

MOTION carried, 7-0.

G.

Resolution No. (R)08 - 86 Supporting, partnering and participating in the 2010 United States Census


H.

Resolution No. (R)08 - 87 Approving an amendment to the Financial Participation Agreement between the Town of Oro Valley and the Greater Oro Valley Arts Council (GOVAC) for fiscal year 2008/2009


It was clarified that GOVAC wanted to change the titles of programs and have funds re-allocated which would amend the contract.

MOTION: A motion was made by Council Member Carter and seconded by Council Member Garner to deny the amendment.

Town Attorney Tobin Rosen clarified that the total amount allocated to GOVAC would not change; only the event that would be funded.

Finance Director Stacey Lemos stated that GOVAC President Kate Marquez informed her that there would not be any further changes to the proposed budget amounts requested.

Mr. Rosen stated that the contract defined the programs to be funded and that unless both parties agree on amendments, the funding must follow the contract.

MOTION failed, 1-6 with Mayor Loomis, Vice Mayor Kunisch, Council Member Abbott, Council Member Garner, Council Member Gillaspie, and Council Member Latas opposed.

MOTION: A motion was made by Vice Mayor Kunisch and seconded by Council Member Gillaspie to approve Resolution (R)08-87 to amend the 2008-2009 Financial Participation Agreement with GOVAC in their October 17, 2008 memorandum to the Town of Oro Valley.

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

2.

CONTINUED 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) (Continued from 11/19/08)


MOTION: A motion was made by Vice Mayor Kunisch and seconded by Council Member Gillaspie to continue the item to the February 4, 2009 Council meeting.

MOTION carried, 7-0.

3.

CONTINUED 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) (Continued from 11/19/08)


MOTION: A motion was made by Vice Mayor Kunisch and seconded by Council Member Gillaspie to table the item.

It was clarified that if the item was tabled, the process for this item would have to start anew the coming fiscal year. 

MOTION carried, 7-0.

4.

PUBLIC HEARING - ORDINANCE NO. (O)08 - 23 AMENDING THE ORO VALLEY ZONING CODE REVISED BY ADDING SECTION 21.8, ART REVIEW COMMISSION SCOPE AND DUTIES; AMENDING SECTION 27.3, PUBLIC ART PROVISIONS; AND AMENDING CHAPTER 31, DEFINITIONS, BY ADDING "ART" AND "ARTIST"; REPEALING SECTION 6-1-5, PUBLIC ART PROVISION, OF THE ORO VALLEY TOWN CODE


Mayor Loomis opened the public hearing at 6:57 p.m. There being no speakers, the public hearing was closed.

MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to approve Ordinance (O) 08-23, OV7-08-05, update of art code requirements and repeal all requirements in Town Code Section 6-1-5, Public Arts Provision, and all sections of Town Code in conflict herewith.

MOTION carried, 7-0.

5.

PUBLIC HEARING - ORDINANCE NO. (O)08 - 24 AMENDING THE ORO VALLEY ZONING CODE REVISED, SECTION 26.6 TO SUPPLEMENT ASSURANCE REQUIREMENTS ASSOCIATED WITH DEVELOPMENT


Vice Mayor Kunisch drew attention to page 6 Item B stating that the timeframe for the release of assurances should be extended to 2 or 3 years to allow for sufficient time for drainage issues to surface.

Development Review Division Manager Paul Keesler stated that the committee assembled to review the assurance requirements agreed on the one year period determining that it would be sufficient time for drainage difficulties to arise.

Mayor Loomis opened the public hearing at 7:15 p.m.

Oro Valley resident/builder/developer Steve Solomon stated that he served on the committee to revise assurances and that it was comprised of members with expertise. He clarified that the one year period begins after the developments and all improvements have been completed. He stated that this timeframe acted as a safeguard and allowed for the rainy season to draw out any performance issues in the development.

Mayor Loomis closed the public hearing at 7:18 p.m.

MOTION: A motion was made by Vice Mayor Kunisch and seconded by Council Member Latas to approve Ordinance No. (O)08-24, OV7-08-03, updated version of assurance requirements.

MOTION carried, 7-0.

Mayor Loomis called for a recess at 7:21 p.m. The meeting resumed at 7:30 p.m.

6.

RESOLUTION NO. (R)08 - 88 APPROVING THE PARKS AND RECREATION REVENUE AND FEE POLICY


Parks and Recreation Director Ainsley Legner and Finance Director Stacey Lemos reviewed the proposed Parks and Recreation Revenue and Fee policy.

It was requested that fluctuations in usage be tracked as it was important to identify whether the changes in fees would affect usage.

Oro Valley resident Bill Adler stated that discretionary programs should not be subsidized. He stated that he felt that some programs should be cut during difficult economic times. He noted that he felt that to maintain all programs did not promote sustainability.

MOTION: A motion was made by Council Member Latas and seconded by Council Member Abbott to approve Resolution No. (R)08-88, adopting the Parks and Recreation Department Revenue and Fee Policy; and direct staff to 1) do the further analysis to evaluate opportunities to improve cost recovery and provide a recommendation to Town Council for review and approval during the 2009-2010 budget process and 2) to provide an annual report of the fees set during the year for recreation/education activities and special events during the 2009-2010 budget process.

Discussion noted the following:
~The Town had an obligation to the community's quality of life.
~This action would only approve a general policy that can be revised.
~During difficult economic periods, the Town Manager could make concessions in his recommended budget.

MOTION carried, 7-0.

7.

DISCUSSION AND POSSIBLE ACTION TO ADOPT TOWN COUNCIL POLICY #3 - COUNCIL MEMBER TRAVEL AND TRIP REPORTS


MOTION: A motion was made by Council Member Latas and seconded by Council Member Garner to approve Town Council Policy No. 3  with the additional wording in paragraph 2 to read, "... relevant to a particular trip or training outside the Tucson area, a council member traveling or attending training should give at least two weeks written notice of any trip or training to the council members" and to remove the word, "alone," in Section 3, paragraph 1 and Section 4, paragraph 1.

Council Member Latas called for the question.

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

8.

COUNCIL MEMBER APPOINTMENT TO THE CAPITAL IMPROVEMENT PLAN TECHNICAL ADVISORY COMMITTEE (CIPTAC) FOR FY 2009/10


MOTION: A motion was made by Mayor Loomis and seconded by Council Member Abbott to nominate Council Member Gillaspie to serve as the Town Council liaison to the Capital Improvement Plan Technical Advisory Committee for fiscal year 2009/2010.

MOTION carried, 7-0.

9.

DISCUSSION AND/OR POSSIBLE ACTION TO DIRECT STAFF TO SEEK FEDERAL FUNDING ON IDENTIFIED TOWN PROJECTS AND/OR SECURE THE SERVICES OF A FEDERAL GOVERNMENT RELATIONS FIRM TO HELP THE TOWN PURSUE FEDERAL FUNDING


Assistant Town Manager Jerene Watson discussed various forms of funding for the following projects:
~Steam Pump Ranch was best suited for Federal grant funding.
  *Each congressional office also has funds for projects they wish to support.
  *Congresswoman Giffords has been contacted for advisory assistance.
~Naranja Town Site could qualify for Federal funding via a "piece meal" approach. 
  *Land and Water Conservation fund aides recreational funding.
~Central Arizona Project water treatment and delivery system for Oro Valley was in the President’s budget.

Oro Valley resident Zev Cywan spoke against hiring a lobbyist to represent the Town's interests in Washington D.C.

Council Member Garner stated that he wanted the position of a Grant Administrator researched. He noted that he would not support hiring a lobbyist.

Vice Mayor Kunisch stated the he would not support hiring a lobbyist during the Town’s current hiring freeze. He noted that it was prudent to watch what transpires with the new Presidential administration.

Council Member Carter stated that he was interested in how other large organizations were accomplishing funding their projects such as the Pima Association of Governments.

Council Member Gillaspie clarified that the item was to give Staff direction. He stated his support for the item and for Staff to do what they could.

Council Member Latas stated that Staff resources should concentrate on grants.

Council Members concurred that now was the time to move forward.

MOTION: A motion was made by Council Member Latas and seconded by Council Member Abbott to direct Staff to seek County, State and/or Federal funding for projects such as Steam Pump Ranch, the Naranja Town Site and Central Arizona Project water treatment and delivery system.

MOTION carried, 7-0.

10.

FUTURE AGENDA ITEMS


CALL TO AUDIENCE - No speakers.

ADJOURNMENT

MOTION: A motion was made by Council Member Carter and seconded by Vice Mayor Kunisch to adjourn at 9:05 p.m.

MOTION carried, 7-0.