MINUTES
ORO VALLEY TOWN COUNCIL
Regular Session
July 15, 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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Council Member Abbott arrived at 6:10 p.m.
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 on June 30th, the Arizona State Historic Sites Review Committee voted unanimously to list Steam Pump Ranch on the State Register of Historic Sites. She explained that the list would be forwarded to the National Register of Historic Places. She stated that this would hopefully help with the Town’s request for appropriation of funds through "Save America’s Treasures" for the restoration of Steam Pump Ranch.
Town Engineer Craig Civalier reported that the La Cholla Boulevard project was near completion. He explained that it was a Regional Transportation Authority (RTA) project and a "Safe Route to School" project.
Finance Director Stacey Lemos introduced Wendy Gomez, the Town’s new Management and Budget Analyst.
Communications Administrator Mary Davis reminded the community that the Town’s publication, the Vista, was now available on the Town’s website.
PRESENTATIONS
Helen, representing FAIR, Foundation for Animals at Risk, introduced two kittens, Rubio and Rudy who will be available for adoption.
Communications Director Mary Davis introduced a DVD showcasing the Town's clean-up efforts for Steam Pump Ranch.
Mayor Loomis presented Certificates of Appreciation for their efforts in the Steam Pump Ranch clean-up project to: James Gardner, Scott Nelson, Bob Easton, Kelsie Hanson, Mary Davis, Leslie Grabitz, Lauren Evans, Mason Volz, Jorge Felix, Carlos Guiterrez and Richard Jimenez.
Mayor Loomis presented the 2008 President’s Volunteer Service Bronze Award to Richard Tracy, representing the Oro Valley Citizens Corp Council.
Items E and R were pulled from the Consent Agenda for discussion.
MOTION: A motion was made by Council Member Garner and seconded by Vice Mayor Carter to approve the Consent Agenda with the exception of items E and R.
MOTION carried, 7-0.
| A. |
Minutes - June 10, 17, 2009 |
| B. |
Coyote Run Transit Monthly Report - May 2009
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| C. |
Economic Development Division Monthly Report - June 2009 |
| D. |
Police Report - May 2009 |
MOTION: A motion was made by Council Member Kunisch and seconded by Council Member Gillaspie to TABLE Resolution (R)09-35.
MOTION carried, 7-0.
| F. |
Resolution No. (R)09 - 36 Authorizing the execution of a 2009 Round 17 Transportation Enhancement Grant Application by the Parks and Recreation Department to the Arizona Department of Transportation for Transportation Enhancement Funding in the amount of $500,000 for the Phase II construction of a .6 mile long shared use path along the Canada Del Oro Wash between First Avenue and Steam Pump Village; and to affirm the Town’s commitment to contribute at least 5.7 percent matching funds |
| G. |
Resolution No. (R)09 - 37 Approving an Intergovernmental Agreement between the Town of Oro Valley and the member agencies that form the Pima County/Tucson Metropolitan Counter Narcotics Alliance (Tucson Police Department, Pima County Sheriffs Department, Arizona Department of Public Safety, University of Arizona Police Department, Oro Valley Police Department, Marana Police Department, South Tucson Police Department and the Sahuarita Police Department) |
| H. |
Resolution No. (R)09 - 38 Approving the Intergovernmental Agreement between the Arizona Department of Public Safety (DPS) and the Town of Oro Valley regarding Commercial Vehicle Safety Alliance Decals |
| I. |
Resolution No. (R)09 - 39 Approving an Intergovernmental Agreement between the Town of Oro Valley and the State of Arizona Department of Public Safety Arizona Counter Terrorism Information Center for a Statewide Terrorism Liaison Officer Program |
| J. |
Resolution No. (R)09-40 Amending the Town of Oro Valley Mayor and Town Council Water Policies to add Section G, Identity Theft Prevention Program |
| K. |
Resolution No. (R)09-41 Authorizing and approving membership of the Town of Oro Valley in the U. S. Conference of Mayors |
| L. |
Resolution No. (R)09-42 Authorizing and approving the Town of Oro Valley as a signatory to the U.S. Conference of Mayors Climate Protection Agreement |
| M. |
Resolution No. (R)09-43 Approving the Town’s participation in the U. S. Environmental Protection Agency’s Energy Star Challenge to reduce energy consumption in all Town facilities |
| N. |
Appointment of Dennis Ottley and Richard Luckett and reappointment of Michael Schoeppach to the Development Review Board with terms effective July 15, 2009 to June 30, 2011 |
| O. |
Appointment of Ed Hannon to the Historic Preservation Commission with term effective July 15, 2009 to June 30, 2011 and reappointment of Pat Spoerl and Lois Nagy to the Historic Preservation Commission with terms ending June 30, 2012 |
| P. |
Reappointment of Chuck Kill and Dan Toth to the Finance and Bond Commission with terms ending June 30, 2011 |
| Q. |
Appointment of Mr. John Buette to the Storm Water Utility Commission with term effective July 15, 2009 to June 30, 2011 |
MOTION: A motion was made by Council Member Kunisch and seconded by Council Member Abbott to have Vice Mayor Carter serve as liaison to the Water Utility Commission and approve the remaining Council Liaison Assignments as presented.
MOTION carried, 7-0.
Robin Raine, Project Manager from the Arizona Department of Transportation (ADOT) presented an overview of the Oracle Road State Route 77, Calle Concordia to Tangerine Road, widening project highlighting the following:
~ October 2004 - October 2007 - design phase
~ Project is approximately 2/3 complete
~ Spring 2010 - anticipated completion
~ Improvements include: Widening from 4 to 6 lanes, new right-turn lanes at some intersections, adjustments to left-turn lanes, Canyon del Oro (CDO) bridge widening, traffic signal improvements, drainage improvements, retaining walls, noise walls, pedestrian bridge.
~ Retaining walls and noise walls including aesthetic treatments and design
~ Public meetings were held during design phase along with small group and individual meetings. Public outreach during construction was also conducted.
~ Next project - State Route 77, Tangerine Road to Pinal County line. Design phase set for later this year with construction to begin in 2013-2014.
Discussion followed regarding the design process, noise walls height required by Federal regulations (Federal funding not provided if walls are lower than the requirements) and wildlife crossings locations.
Mayor Loomis opened the floor for public comment.
Janice Przbyl, non Oro Valley resident, representing Sky Island Alliance, commented that they have received information from residents regarding wildlife sightings along Oracle Road. She urged the Town to sign on as a co-sponsor to work with the RTA to build wildlife crossings.
Matthew Moutafis, Oro Valley resident, commented on what he perceived as offensive walls and suggested that the Town did not protect the views.
Daniel Dale, resident of Oro Valley, commented that a left turn lane should be provided for drivers headed south on Oracle Road that wanted to access the San Jose Plaza shops located on the east side of Oracle Road.
Mark Rusin, Oro Valley resident and owner of The Loop, Taste of Chicago expressed concerns regarding the ingress into the shops in San Jose Plaza and what he saw as a safety issue with an unsafe u-turn at the intersection of Oracle Road and El Conquistador Way. He also presented a petition signed by many of the shop owners requesting a safe ingress into San Jose Plaza and stated that it was time to rethink the design and consider safe access to the shops.
Bonnie Quinn, owner of Down Home Delights, expressed her concern regarding the lack of a left turn into San Jose Plaza. She stated that it was a safety issue and that her customers have complained about the access issue. She felt that it was time to consider a left turn lane into the Plaza for safety reasons and for the convenience of the customers and businesses.
Ms. Raine explained that ADOT did not allow a left turn when the plaza was originally built. She explained that with more "breaks" in the medians, more accidents are created. She stated that she would talk to ADOT’s traffic engineers to discuss the possibility of adding a "No Right Turn on Red" sign at El Conquistador Way heading on to Oracle Road which may help eliminate accidents at that intersection.
Chief John Fink from the Golder Ranch Fire District confirmed that fire trucks currently have to perform a u-turn at El Conquistador Way and head north to access San Jose Plaza. However, when the new fire station at Linda Vista and Oracle is completed, they would respond to emergencies from that station and would access the Plaza with a right-in turn.
Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed.
MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to adopt annexation Ordinance (O)09-13 extending and increasing the corporate limits of the Town of Oro Valley.
MOTION carried, 7-0.
Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed.
MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to adopt Resolution (R)09-44, Hertz Rental Car, represented by Rick Engineering Company, request for approval of a conditional use permit for a rental car facility on lot 12 of Mercado Del Rio (OV8-09-01).
MOTION carried, 7-0.
Mayor Loomis recessed the meeting at 7:05 p.m. The meeting resumed at 7:16 p.m.
Mayor Loomis opened the public hearing.
Joe Hornat, Oro Valley resident, recommended that Council deny this ordinance. He stated that Council should use the tools they have and not approve additional restrictions. He further commented that the Council should work for the betterment of the entire community and not for special interests.
Mayor Loomis closed the public hearing.
MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Carter to deny Ordinance (O)09-14, amending the Oro Valley Town Code, Chapter 2, Article 2-4, adding section 2-4-11 relating to adoption and amendment of Town Council policies.
MOTION carried, 4-3 with Council Member Garner, Council Member Gillaspie, and Council Member Latas opposed.
Council Members Garner, Gillaspie and Latas voted against the denial of the ordinance commenting that changing the policy at will at meetings was confusing to the citizens and it was also a matter of accountability and transparency.
Mayor Loomis opened the public hearing.
Bill Adler, Oro Valley resident, expressed concerns regarding authorizing a group of volunteers and staff to work creatively on sustainability without commitment on what would or could be funded. He commented that there needed to be more thought regarding the formation of such a commission or task force and it would need to have Council's commitment.
Mayor Loomis closed the public hearing.
MOTION: A motion was made by Council Member Latas and seconded by Council Member Gillaspie to adopt Ordinance (O)09-15 amending Chapter 3 of the Oro Valley Town Code by adding Section 3-6-10, Environmental Sustainability Commission and adopting Rules and Procedures for the Environmental Sustainability Commission with the following changes to the Ordinance: Last sentence of Section A, Board Composition, strike "and/or Economic Development" and add "Economics or Finance"; Section C: Officers, last sentence - strike "upon authorization or ratification by the ESC and approval of the expenditures by the Town Council" and add "in accordance with Town Policy", and page 4 of the Rules and Procedures, Section IX, Procedure, strike Item H.
MOTION failed, 3-4 with Mayor Loomis, Vice Mayor Carter, Council Member Abbott, and Council Member Kunisch opposed.
Mayor Loomis, Vice Mayor Carter and Council Members Abbott and Kunisch did not support the motion citing such reasons as concerns for staffing levels, data not complete regarding creating a task force or ad-hoc group verses a technical advisory committee, levels of expertise required for the volunteers and how this commission/task force would relate to the other Town’s Boards and Commissions.
Mayor Loomis opened the floor for public comment.
Joe Hornat, Oro Valley resident, commented that he supported the color change and recommended that the Council approve the paint color change.
Bill Adler, Oro Valley resident, commented that the color change was compatible and consistent with the approved color palette and it was not detrimental or injurious. He stated that a company had the right to identify themselves and this change was Wal-Mart’s corporate identity and should not be denied. He stated that the color change was consistent with their logo change and would be used throughout the country. He commented that there was nothing directly related to the Zoning Code criteria and he recommended that the Council overturn the Development Review Board’s decision.
MOTION: A motion was made by and seconded by to
MOTION carried, 6-1 with Council Member Latas opposed.
Communications Administrator Mary Davis introduced the staff report highlighting past efforts by the Greater Oro Valley Arts Council (GOVAC), the Town and the Hilton El Conquistador Resort for the implementation of the July 4th celebration. She stated that at the request of Council Member Garner, staff has looked into the possibility of the Town taking over the management and implementation of the July 4th event. She explained that staff would work with the community and solicit other funding sources. Ms. Davis requested that the Council set aside a minimum of $35,000 to support the event. She also stated that if the Hilton El Conquistador did not provide the fireworks show, then the Town should add an additional $15,000-$20,000 to cover those costs.
Discussion followed regarding the costs, providing entertainment, police and traffic management, how other towns run their July 4th events, using Coyote Run for shuttle services and partnering with other groups and organizations.
At the request of Mayor Loomis, Kate Marquez representing GOVAC (now known as Southern Arizona Arts and Cultural Alliance (SAACA) explained that they did not apply for 2010 funding from the Town for a July 4th event. She further explained that in the past, they received in kind services from Waste Management, etc. She commented that it would be a good idea to do further research and work with the Hilton El Conquistador and SAACA. She stated that they would love to see the July 4th event back in Oro Valley and they would like to be part of the event in the future.
MOTION: A motion was made by Council Member Abbott and seconded by Council Member Latas to hold a Study Session in September and invite SAACA, the Hilton El Conquistador and the Northern Pima County Chamber of Commerce (to identify options and discuss financing and historic background of the event).
MOTION carried, 6-1 with Council Member Gillaspie opposed.
MOTION: A motion was made by Council Member Kunisch and seconded by Council Member Abbott to appoint Council Member Abbott and Vice Mayor Carter to serve on the Volunteer Recognition Selection Committee.
MOTION carried, 7-0.
Council Member Abbott/Council Member Latas - Next meeting - Have staff prepare a Resolution in support of the ADOT proposal to the RTA wildlife linkage.
Council Member Gillaspie/Council Member Kunisch - Direct staff to work on a recommendation for specific actions for an Environmental Sustainability Task Force.
Council Member Abbott/Mayor Loomis - Staff to provide a status report on the Sign Code review.
Council Member Abbott/Mayor Loomis - Second meeting in September, have SAACA provide a status presentation.
Bill Adler, Oro Valley resident, commented on the possible formation of an Environmental Sustainability Task Force and stated that the Council should move forward with a degree of confidence in the ability of such a task force.
ADJOURNMENT
MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to adjourn at 9:00 p.m.
MOTION carried, 7-0.