MINUTES
ORO VALLEY TOWN COUNCIL
Regular Session
March 25, 2009
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 6:00 PM
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PRESENT: |
Paul Loomis, Mayor
K.C. Carter, Vice Mayor
Paula Abbott, Council Member
Bill Garner, Council Member
Barry Gillaspie, Council Member
Al Kunisch, Council Member
Salette Latas, Council Member
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Mayor Loomis led the audience in the Pledge of Allegiance.
Town Manager David Andrews reviewed the upcoming meetings and events.
Council Member Kunisch congratulated Sergeant McBride and the Community Action Team (CAT) for the arrest of drug dealers involved in the death of a Canyon Del Oro (CDO) High School student.
Council Member Gillaspie presented a gift of an hour glass to Mayor Loomis in recognition of his years serving on the Town Council. He commented that an hour glass was used by Mayor Engle in the past to time public hearings.
Town Engineer Craig Civalier reported that the Town has been awarded $3 million as part of the Federal Economic Stimulus package. He explained that this money would be used for pavement of the Town’s arterial roads.
There being no objections, Mayor Loomis moved the Presentation before Call to Audience and Item 4 to follow the Consent Agenda.
Representatives from the organization "Rescue a Golden of Arizona" introduced Roxy and Ben, therapy dogs that are now in rescue. Citizens can contact 602-404-WOOF (9663) or
www.golden-retriever.org for information on adopting a Golden Retriever.
Richard Tracey, Oro Valley resident, addressed past comments from the Council referring to a police state. He also addressed the possibility of reducing Town personnel and suggested that the first thing that should be reduced was Council by 2 members. He also suggested that the Council consider increasing the utility tax to save jobs.
Chris Desoto, Oro Valley Police Officers’ Association (OVPOA), commented on the proposed police department layoffs. He cited statistics from the Police Executive Research Forum regarding spikes in crime due to the current economic situation. He asked Council to look for other cuts in the budget before laying off police officers.
Larry Lopez, President of Arizona Conference of Police and Sheriffs (AZCOPS) expressed their support of the Oro Valley Police Officers and stated their opposition to the proposed layoffs of 6 of Oro Valley's police officers.
Carmen Trevizo, Oro Valley resident and Treasurer for the Oro Valley Police Officers Association, commented on the proposed police department layoffs. She also expressed concern regarding comments made and votes cast by Council Members at the last Council meeting (March 4, 2009).
Terry Parish, Oro Valley resident, stated that he was offended by Council Members comments at the March 4th meeting. He commented on recent drug overdoses and party issues in and around Oro Valley and stated that it is a struggle to keep crime out of Oro Valley. He expressed concerns about the proposed layoffs of police officers and commented that cutting officers may cost somebody their life.
Amy Graham, Oro Valley resident, commented on remarks made by Council at the March 4th meeting. She then reviewed recent incidents in Oro Valley which involved police officers.
Dr. Leonard Ditmanson, Oro Valley resident, expressed his support for the Police Department and what they do for the Town. He also requested that the Town support the El Tour de Tucson bike race this fall. He stated that the event has been a foundation of wellness in the community and he hoped that the Council would continue to support the event.
Richard DeBernardis, El Tour de Tucson coordinator, stated that he appreciated the Town’s support for the event. He said that the Town has been a partner in the bike race since 1983. He stated that he knows that the Town is going through hard times and decisions are tough but he requested that the Town not cut funding to the event entirely and offereded that a reduction in the Town’s donation would still be greatly appreciated.
Council Member Gillasipie thanked those who commented. He then stated that the March 4th Council meeting was an emotional night and he knew that everyone on the Council was working very hard to find a way to balance the Town’s budget. He explained that there were some misstatements and some things were taken out of context. He apologized for using certain words but he was trying to communicate that he has been part of building Oro Valley for over 20 years. He commented that Council and staff needed to find a way to work together to solve the problems facing the Town.
At the request of Council, Items A, B, C, D, and E were pulled for discussion (Item F was removed from the Agenda).
MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to approve Item G on the Consent Agenda.
MOTION carried, 7-0.
MOTION: A motion was made by Council Member Abbott and seconded by Council Member Kunisch to approve the 2/04/09 and 2/11/09 minutes and to continue the 2/25/09 minutes to the April 1st meeting.
MOTION carried, 7-0.
Discussion followed regarding the Town’s Building Safety permitting process, the 2006 Building Safety Management Plan, Sign Code issues and the possible establishment of an Economic Development Commission.
MOTION: A motion was made by Council Member Kunisch and seconded by Council Member Abbott to accept the Economic Development Monthly Report with direction to the Town Manager to come back with a plan for reviewing the Building Safety inspection process and/or provide a report on what has been done with respect to the Building Safety Management Plan.
MOTION carried, 7-0.
Mayor Loomis opened the floor for public comment.
John Musolf, Oro Valley resident, referred to the Metropolitan Tucson Convention & Visitors Bureau (MTCVB) second quarterly report and expressed concerns about giving this organization $120,000. He also questioned what benefits the MTCVB was bringing to the Town.
MOTION: A motion was made by and seconded by to
MOTION carried, 7-0.
Council Members Latas and Gillaspie presented highlights regarding their trip to meet with our Representatives in Washington D.C. and their attendance at the National League of Cities Conference. Town Manager David Andrews and Assistant Town Manager Jerene Watson also attended the conference.
Mayor Loomis opened the floor for public comment.
Zev Cywan, Oro Valley resident, questioned why four Town representatives attended the conference. He stated that he felt that this was too many due to the economic status of the Town. He also commented on "green" building and questioned why the huge wall was being placed in areas along Oracle Road, blocking the view of the Santa Catalina Mountains.
MOTION: A motion was made by Council Member Kunisch and seconded by Council Member Gillaspie to approve the trip reports.
MOTION carried, 7-0.
In response to a question from Council Member Kunisch, Finance Director Stacey Lemos clarified that this year’s budget deficit was currently $179,000 but staff would have updated numbers in March.
MOTION: A motion was made by Council Member Kunisch and seconded by Council Member Garner to accept the Financial Status Report through February 28, 2009.
MOTION carried, 7-0.
| F. |
Resolution Number (R)09 - 15 Authorizing the Mayor and Council of the Town of Oro Valley to approve the Execution of an Intergovernmental Agreement between the Town of Oro Valley, the Town of Marana, and Pima County for a Design Concept Report regarding the construction of roadway improvements on Tangerine Road between Interstate 10 and La Canada Drive (Removed from Agenda)
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| G. |
Resolution No. (R)09-15 Authorizing the Water Utility Department of the Town of Oro Valley to apply for a Drinking Water Revolving Fund Loan from the Water Infrastructure Finance Authority of Arizona (WIFA) for the Oro Valley Water Utility Phase 1 Existing System Improvement Projects and the Northwest Water Providers Central Arizona Project (CAP) Water Delivery System Design Project |
MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Carter to continue (O)09-03, OV9-04-02 to the April 15, 2009 Council meeting.
MOTION carried, 7-0.
Mayor Loomis recessed the meeting at 7:25 p.m. The meeting resumed at 7:32 p.m.
Jerry Stabley, Planning Director for Pinal County, updated the Town Council on the progress of the Pinal County Comprehensive Plan and the planning and development issues facing Pinal County. He then reviewed the draft land use plan and the multimodal circulation plan and highlighted areas of economic sustainability, quality educational opportunities, healthy environs, open space, environmental stewardship, sense of community, mobility and connectivity and rural lifestyle. He then thanked the Council and staff for their involvement and support.
Discussion followed regarding net change in density (current population of Pinal County is 300,000 with future projections at build-out of 6 million), Sonoran Conservation Plan concepts and the water aquifer.
MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Carter to adopt Resolution (R)09-16 endorsing and supporting the draft Pinal County Comprehensive Plan.
Council Member Abbott stated that she could not support the motion as she felt that the plan was too dense.
MOTION carried, 5-2 with Council Member Abbott and Council Member Latas opposed.
Paul Oland, The WLB Group, representing Vistoso Partners, reviewed the land use map of the area and highlighted the proposed General Plan amendment request. He then summarized the requested General Plan amendment highlights:
~ Consistent with Amphitheater School District intentions.
~ No increase to number of housing units (proposed reduction to Neighborhood 5 unit cap from 3555 to 2500).
~ Preserves intent of the golf course.
~ Parcel 5-D to be designated as open space adjacent to Honeybee Canyon Park.
~ Significantly widens Honeybee Wash corridor.
~ Proposal addresses concerns expressed by Council, staff and neighbors.
Mary Beth Savel, Legal Counsel with Lewis and Roca, representing Vistoso Partners, explained that the proposed Escrow Agreement would address the transfer of the school site from Vistoso Partners to the Amphitheater School District.
Planning and Zoning Director Sarah More stated that the Planning and Zoning Commission had recommended approval of the original submittal. She then explained that the revised proposal maintains the potential for golf course use and the enhancement of open space was beneficial. Ms. More also stated that the applicant has proposed a reduction of the neighborhood units by approximately 1,000 units. She reported that staff recommends approval.
Discussion followed regarding:
~ Original school site.
~ Original rezoning (rezoned to Low Density Residential).
~ Measurements of new corridor.
~ Recreation site (Condition 2 - park site must be improved with recreational elements and amenities for the community).
~ Planning Commission has not reviewed the final report. (Council can consider a reduction in a request. Discussions were primarily on buffers to residential areas and stepping back from open space and densities. These were addressed but have now changed).
~ Escrow agreement (mechanism to get conveyance of school site accomplished).
~ Possibly impose a condition that after a certain amount of time, Vistoso Partners will deed school site to Amphitheater School District.
Mayor Loomis opened the public hearing.
Patty Clemente, Oro Valley resident, expressed concerns regarding traffic along the Moore Road extension and Arrowsmith Road.
Frances Lee, Oro Valley resident, expressed concerns about traffic along Arrowsmith Road stating that it will be a traffic nightmare.
Bob Becker, Oro Valley resident, stated that the relocation of the school was beyond our control but it will create traffic issues. He also stated that he is pleased that there is less density and that the golf course is being kept in the proposal.
Mayor Loomis closed the public hearing.
MOTION: A motion was made by and seconded by to
Discussion followed regarding:
~ Proposal would eliminate buffer to Honeybee Wash.
~ Open space and golf course designations.
~ Small area (2-3 acres described as a "doughnut hole") is hillside property and has large rock outcroppings (zoned Open Space due to steepness of slopes).
~ Opposition to motion: Good effort has been made by the petitioner but the new information is not organized in a way that is easy to understand.
~ Not comfortable removing "doughnut hole" area as it is an environmental area.
~ Send back to Planning and Zoning Commission as plan has changed dramatically.
~ Concerns regarding traffic issues at Arrowsmith (could be considered in a Planned Area Development (PAD) amendment).
MOTION failed, 1-6 with Mayor Loomis, Council Member Abbott, Council Member Garner, Council Member Gillaspie, Council Member Kunisch, and Council Member Latas opposed.
MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Kunisch to send the General Plan amendment proposal back to the Planning and Zoning Commission to have a Special Meeting in April for one public hearing and return it to Council in May with their recommendations. (Parcels, acreages and units to be identified and any proposed land uses and changes be clearly explained so proposal is clear).
MOTION carried, 6-1 with Vice Mayor Carter opposed.
Mayor Loomis recessed the meeting at 8:40 p.m. The meeting resumed at 8:45 p.m.
Town Attorney Tobin Rosen explained that a request was brought forward by Vice Mayor Carter and Council Member Kunisch to consider a proposed amendment to the Council’s Parliamentary Rules and Procedures to limit debate to a total of 5 minutes per member on any item unless a motion was made to extend debate before the item. He explained that Robert’s Rules of Order allows each member to speak twice on any item for up to 10 minutes at a time.
Council discussion followed regarding:
~ Keeper of the time? (At discretion of Mayor).
~ What protocol are other municipalities using?
~ Items go on too long and citizens complain. If Council Members do their homework, debate time should lessen.
~ Can limit or extend debate on any item by 2/3 vote of the Council.
~ Being considerate of each other and the audience.
~ Council’s Parliamentary Rules would take precedence over Robert’s Rules of Order.
~ Current process typically proceeds in a timely manner.
~ Options to extend or limit debate are provided for.
Council Member Abbott noted that she would not have supported a motion to limit debate as this was a First Amendment right issue and she was appalled that this was even being considered.
MOTION: A motion was made by Mayor Loomis and seconded by Council Member Kunisch to disapprove the proposed amendment to Section 10.3 of the Town Council Parliamentary Rules and Procedures to limit debate on the basis that the Council has processes in place that will limit debate if Council Members are willing to use those.
MOTION carried, 7-0.
Council Member Kunisch - Requested that staff prepare a Resolution declaring that the Town of Oro Valley is a drug free community. Council Member Abbott seconded the request (ask staff to investigate issues associated with this and if necessary bring to a Study Session for review).
Council Member Abbott - Requested that at the first meeting in May, staff prepare an item to amend Section 8.10 of the Town Council Parliamentary Rules and Procedures to allow any Council Member to place items on an agenda with no Second required. Failed due to lack of a Second.
John Musolf, Oro Valley resident, agreed that the Town needs its sworn officers but questioned why the other 37 people in the Police Department had not been considered for reduction. He suggested that the Council take a look at other employees in the Police Department as they may not be as indispensable as sworn officers.
MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to adjourn at 9:17 p.m.
MOTION carried, 7-0.