MINUTES
ORO VALLEY TOWN COUNCIL
Regular Session
June 17, 2009
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
|
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
|
| A. |
PAUSE FOR PAWS - No presentation. |
| B. |
PRESENTATION OF DESIGN PLAN - 2009 TRANSPORTATION ART BY YOUTH SUMMER PROGRAM |
Parks and Recreation Director Ainsley Legner introduced Artist Supervisor Amy Kyle. Ms. Kyle thanked the Greater Oro Valley Arts Council (GOVAC) and the Town for supporting this project. She stated that the Public Works department was most helpful and fielded questions from her students. Ms. Kyle noted that the project was called The Oasis and introduced Team Oasis:
~Christina Earl, graduate of Ironwood Ridge High School (IRHS), stated that she was the Chief Supply Officer and thanked supporters of the project and stated that the Pima Association of Governments (PAG) provided funding. She noted that the project was located at First Avenue and Palisades Drive.
~Cara Roberts, senior at Ironwood Ridge High School (IRHS) had prepared the PowerPoint presentation. She noted her appreciation for the experience to learn and participate in this project.
~Tommy Cooper stated that he was Co-Chief Public Relations Officer and a senior at IRHS. He stated that they were creating an environment inspired by a Zen garden.
~Laura Nicholson stated that she was the Hospitality Officer and a senior at IRHS. She thanked Council for supporting public arts. She explained that the team had dug a trench and built a retaining wall and noted the assistance provided by Public Works.
~Jeff Terry, IRHS graduate, thanked Council for the summer job. He noted that they were creating a block wall in front of the Zen garden that would have over 300 square feet of decorative tiles.
~Roxanne Harding, IRHS graduate and Co-Chief Public Relations officer, stated that playfulness and restfulness would be the theme of the entire site.
~Jasmine Mills, Chief of Supplies and Equipment Officer and IRHS graduate, noted that there would not be any water on the site; however textured clay would represent water while boulders would depict the mountains.
~ Jenny Lee thanked Council for the opportunity and hoped to make a positive difference with the project. She noted that she was a Chief of Supplies and Equipment Officer. She explained the process for creating the glass tile that was presented to Council.
~Xiaoming Yang, senior at IRHS, stated that she was the Chief Supply Officer and in charge of sidewalks. She explained that each team member would be able to create their own style and expression in the cylinders they created for seating.
~Kelsey Steed, senior at IRHS, explained that what was presented this evening had taken place in the past two weeks. She noted that they expected to complete the project by July 22, 2009.
Mayor Loomis encouraged members of Council to stop by and say, "Hello," and let them know they were doing a good job.
Oro Valley resident Lois Nagy thanked Council for their support and funding for Steam Pump Ranch.
Oro Valley resident Hector Conde provided Council with a spreadsheet regarding population increases and water consumption rates. He recommended conducting a study to determine what the affects may be when the Town is built out.
Oro Valley resident Art Segal commented that the Council was here to serve the people.
Oro Valley resident Sharon Webster stated her appreciation for Council's dedication, service and support for the no kill animal shelter.
Council members pulled Items H and L for discussion.
MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Gillaspie to approve the Consent Agenda with the exceptions of Items H and L.
MOTION carried, 7-0.
| B. |
Economic Development Division Monthly Report - May 2009 |
| C. |
Tucson Regional Economic Opportunities, Inc. Quarterly Report: January 1, 2009 - March 31, 2009 |
| D. |
Reappointment of Paul Parisi to the Board of Adjustment with term to expire on June 30, 2011 |
| E. |
Appointment of Mary Caswell and Robert E. Swope to the Planning and Zoning Commission with terms effective July 1, 2009 - June 30, 2011
|
| F. |
Reappointment of Greg Roberts and Susannah Myerson to the Parks & Recreation Advisory Board with terms effective July 1, 2009 through June 30, 2011 |
| G. |
Reappointment of John Hoffmann and Appointment of Richard Reynolds to the Oro Valley Water Utility Commission with terms effective July 1, 2009 through June 30, 2012 |
MOTION: A motion was made by Council Member Garner and seconded by Council Member Latas to amend the Memorandum of Understanding; change Item 2 in Attachment C to the following language of the OVPD Member Benefits: Take home vehicles assigned for many positions and/or assignments at the discretion of the Police Chief with the approval from the Town Manager.
Human Resources Director Sandra Abbey stated that the Town has a policy regarding take home vehicles. It was noted that the target of a 25% reduction in take home vehicles had been identified.
Discussion ensued regarding:
~The Fraternal Order of Police (FOP) and the Arizona Conference of Police and Sheriff (AZCOPS) would have to approve this
~The issue should be discussed at a study session prior to making a decision
~The wording provided clarity without changing the intent
~Discretion should be handled administratively
MOTION carried, 5-2 with Mayor Loomis and Council Member Kunisch opposed.
MOTION: A motion was made by Council Member Latas and seconded by Council Member Gillaspie to approve the Memorandum of Understanding as amended.
MOTION carried, 7-0.
| I. |
Resolution No. (R)09 - 32 Authorizing and Approving an Intergovernmental Agreement Between the Town of Oro Valley and Pima County for Payment for the Incarceration of Municipal Prisoners |
| J. |
Resolution No. (R)09 - 33 Authorizing the execution of a grant application by the Oro Valley Police Department to the Governor’s Office of Highway Safety (GOHS) for funding Ultralyte LRB Speed Enforcement Equipment and Personnel Services for DUI Enforcement overtime and employee related expenses |
| K. |
Trip Report for Mayor and Council - May 2009 |
In response to Council Member Abbott’s question, Assistant Town Manager Jerene Watson stated that the public could lend their support to resolutions pursued by the Town by writing to their state legislators. She noted that most cities and towns worked together to support resolutions.
Council Member Latas stated that she would like to see more resolutions included in the package such as impact fees. She explained that the Vehicle License Tax Sweep was worth $300,000 and that the Ventana Medical Systems Inc. (VMSI) expansion project was worth over $810,000 in impact fees.
She noted her wish to propose a change to the State law to allow municipalities to form their own library districts.
It was noted that the deadline to submit the resolutions was July 10, 2009 and that it would not be enough time to enter these items as resolutions.
Council Member Abbott urged citizens to support the education resolution. She explained that economic development was driven by the availability of an educated work force.
Ms. Watson added that if Council preferred, Staff could draft additional resolutions, seek support from at least one other municipality and then submit the resolutions by the deadline.
MOTION: A motion was made by and seconded by to
MOTION carried, 7-0.
Finance Director Stacy Lemos thanked Budget and Management Analyst Wendy Gilden and Finance Analyst Art Cuaron for their hard work and dedication.
Ms. Lemos noted that the amounts in the final budget have not changed from the approved Tentative Budget. She reviewed the Budget Summary:
~Revenues $ 71,097,294
~Cash Reserves $ 50,452,089
~Total Resources $121,549,343
She noted the increase in the Miscellaneous line item for loans needed to expand improvements in water.
She discussed the items of the Capital Improvement Program which totaled $25.1M and included:
~Virtual Data Center
~Police substation
~Pavement Preservation
~Stormwater Drainage Projects
~Roadway Widening and Maintenance Projects
~Water System Improvements
She stated that 13.3 currently vacant positions would be eliminated in next year's budget.
Ms. Lemos explained that total fund balances for the Town were expected to decrease by $2.7M; noting a $1.6M decrease in the General Fund and a $200,000 decrease in the Highway User Revenue Fund.
Town Manager David Andrews stated that ten people had volunteered for severance.
Mayor Loomis opened the public hearing.
Oro Valley resident Alan Dankwerth addressed the amount of money allocated for the animal feasibility study. He noted that the Pima County Animal Shelter was in poor condition; however, the shelter has been allotted $3M for upgrades and new personnel. He also noted that:
~A full time advocate has been added to the staff
~Adoptions were up and euthinizations were down
~The increase in licensing fees will be used for spaying and neutering
~He recommended conducting a study to determine whether to move forward.
Oro Valley resident Bob Baughman stated that he was the Chair of the Oro Valley Historic Preservation Commission and Life Member of the Oro Valley Historical Society. He stated that the future of Steam Pump Ranch depended on how Council voted this evening and that if preserved, Steam Pump Ranch would be a living history.
Oro Valley resident Art Segal stated his concern regarding money being used from the Contingency Fund to fund positions. He urged Council to reconsider the six month review of positions.
Oro Valley resident Bill Adler stated that income must be stabilized and that the General Fund could not be sustained by unstable funding sources. He recommended that citizens, Council and staff debate enacting a property tax. He stated that the budget process had been divisive.
Conny Culver stated that staffing needs had changed and should be addressed as she did not support the use of Contingency funds for salaries. She stated that with regard to the animal licensing study, Council needed to consider what needed to be done versus what could be done. She suggested consulting veterinarians about microchipping all pets. She noted that residents were taxed twice for the library and that Pima County could manage the library. She stated that she was opposed to raising taxes during a recession.
Mayor Loomis closed the public hearing.
MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Carter to approve Resolution No. (R)09-34 adopting the Final Budget for Fiscal Year 2009/10. I also move to approve the Capital Improvement Plan for Fiscal Year 2009/10 through 2013/14.
MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Latas to amend the motion to retain the hiring freeze that was implemented by the Town Council on November 19, 2008; to grant the Town Manager full authority over all personnel matters consistent with Town Code and Town Personnel Policies and to direct the Town Manager to return to the Council at a study session in September 2009 with an updated five year financial plan that considers the cost savings from voluntary resignations and is consistent with the Town's adopted budget policy whereby recurring expenses cannot exceed recurring revenues.
MOTION carried, 7-0.
MOTION: A motion was made by and seconded by to
MOTION carried, 4-3 with Council Member Garner, Council Member Gillaspie, and Council Member Latas opposed.
Mayor Loomis called for a recess at 7:23 p.m. The meeting resumed at 7:31 p.m.
Chair Doug McKee presented the key findings and recommendations of the Library Review Committee. He thanked staff and Senior Office Specialist Arinda Asper for their assistance.
He stated that a library was more complex than he anticipated.
He stated that the Town Manager’s intern Joe Brehm came to Oro Valley as a result of comments made by his Arizona State University professor regarding the library.
He reviewed the reasons that led to this study:
~The Recession
~Double taxation
*County Library District
*Town's General fund
~Taxation without a vote of the public
Mr. McKee discussed the unintended consequences that occurred when the City of Tucson turned their libraries over to Pima County:
~Caused double taxation
~Increased County Library Tax without increasing reimbursement rate
*The Library Property Tax was 330% greater than the reimbursements in fiscal year 2008/2009
He reviewed scenarios that could fix the double taxation:
A. Current State legislation
1. Turn the library over to the County or
2. Improve reimbursement formula
B. Create new State legislation
3. Create a Town library district
Mr. McKee stated that there were a lot of unknowns.
He speculated how a turnover might work:
~The County may use the Tucson turnover as a template
*Oro Valley would make payments to the County
*County would own the building as in the case of the library on Wilmot
*Employee transfers
*Termination penalty noted in the current IGA would likely be waived
-Otherwise the Town would pay $1M
*Change the name of the library
He stated that the Town had invested $5.4M in construction and start up costs. He noted that the Friends of the Library had raised:
~$181,000 for construction
~$127,000 for operating support costs
~$90,000 last year alone and growing
Mr. McKee noted that the County had paid for more than 50% of the Construction costs.
He explained ownership as designated per the IGA:
~Oro Valley owns 100% of the land
~Oro Valley and Pima County each possess 50% of the building
He noted that:
~The City of Tucson owned 100% of the Wilmot library prior to the rehabilitation using County funds.
*The Tucson IGA was recently amended to transfer the Wilmot title to the County.
~A community survey conducted in January 2008 which ranked the Oro Valley Public Library as number 1 in user satisfaction.
~The Town has a library that serves 700-1,000 people per day that promoted a positive feeling about their community.
Mr. McKee explained elements of the time it would take to turn the library over to the County. He stated that it took six years for the City of Tucson to reach full benefit. He noted that based on negotiations the City of Tucson and the Town have experienced with the County, it would likely take 3 to 4 years for the Town to realize the full benefits of turning the library over to the County. He estimated that the recession would be over by that time.
He noted that the following would occur if the library was turned over to the County:
~An excellent library would be converted into an average library
~Turn positive goodwill turn into negative
~Most of the Friends of the library support
*Board members were polled and most said they would resign
~Number of books on shelves would diminish
~Some or most of the Community Center functions would be lost
~Fewer gifts would be donated
~Fewer volunteers
~Different standards building and grounds maintenance on Town campus
~A new name for the library
~No control over what happens at the library
~Find a new facility for computer training
*Rented space and rented computers were estimated at $20-30,000 per year
~$650,000 in the General fund would be available eventually
*Unlikely that it would be available prior to the end of the recession
~County Library Property taxes would rise slightly
~Hours of operation may extend to Sundays
He noted that State law did not prohibit full reimbursement:
~Mandated fully funding libraries -A.R.S. §48-3903 -Shall levy tax sufficient for all expenses of the library district
~District can contract with a city library
~Board of Supervisors have complete control
~No limit on tax rate (secondary tax)
~Tax can only be used for libraries
He stated that to re-negotiate the IGA would be difficult based on:
~Precedents
~The taxing authority must be accountable and have control over spending
~Supervisor’s concerns over what the freed up General funds would be used for
~The political impact of raising property taxes (i.e. $2 for a $300,000 house)
He discussed the possibility of a Town Library District:
~State law changes would be needed to be viable
~Many cities and towns with libraries are in same economic situation
Mr. McKee stated that the recommendation of the committee was to retain the library. He noted that the committee also recommended to:
~Provide bridge financing during the recession by increasing taxes that were in the Town’s control
~Explore with Board of Supervisors to improve reimbursements
*Start now; do not wait for the IGA to terminate
*Develop a strategy to meet the needs of the County to retain some control while giving near 100% reimbursement
~Explore potential support for law changes for a city library district
~Educate the public
Mayor Loomis opened the floor for public comment.
Oro Valley resident Bill Fry stated that he was a volunteer and conducted a monthly program at the library. He stated that many participate in the programs offered and urged Council not to turn the library over to the County. He stated that it was one of the finest libraries with the most professional staff he had encountered and that it was the cultural center of the Town.
Oro Valley resident Melody Weber stated that the Library was the core, heart and essence of the Town.
Oro Valley resident Martha Briggs stated that the staff, the collection and programs made the Oro Valley library "our library." She urged Council to follow the recommendations.
Carol Ann Whigham stated that she was not an Oro Valley resident. She stated that the library was the best she had ever seen. She noted that her husband was in a wheelchair and could navigate easily through the building and that they enjoyed the programs. She noted that she volunteered at the library and that the staff was knowledgeable and caring and that patrons would be lost if it was turned over.
Oro Valley resident Onita Davis stated that she and her husband were volunteers and that the library pulled the community together. She noted that they were members of the Friends of the Library and that staff worked for Council and the citizens.
Janice McKee stated that she was a volunteer and urged Council not to turn the library over to the County.
Oro Valley resident Robert Schumann stated that he was a volunteer and that the library has the attention of the community and was an asset.
Oro Valley resident Doug Forester stated that he was honored as volunteer of the year by the Friends. He stated that the library opened up the community to the world around them.
Oro Valley resident Art Segal stated that he spoke on behalf of John Musolf. He stated that Mr. Musolf served on the Library Review Committee for two months and resigned. He stated that taxpayers were taxed twice and that Oro Valley could no longer justify keeping the library.
Oro Valley resident Joe Hornat stated his respect for Mr. McKee though he was disappointed with the results. He felt that the report provided a road map for the Council.
Oro Valley resident Fred Hayder stated that he chose to live in Oro Valley for the quality of life. He stated that there were a lot of "ifs" in the report. He noted that the Oro Valley library system was better than Tucson’s. He stated that the real issue was to try to raise the reimbursement ratio. He implored Council to accept the recommendations.
MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Carter to thank the members of the Committee and staff for their work, dedication and time given and accept the Oro Valley Library Review Committee report with its findings and recommendations as presented to the Council.
MOTION: A motion was made by Council Member Garner and seconded by Council Member Latas to amend the motion to direct Town staff along with the Town Attorney to explore the "ifs" and the other issues in the report and identify what the impacts would be and to direct staff to explore with Pima County along with the Board of Supervisors all of the opportunities to include the turnover and have staff prepare another report.
Council Member Latas stated that she would accept the report however she was not comfortable with the recommendation particularly with regard to raising taxes without going to the voters. She supported placing pressure on the County and that State law needed to change. She proposed running a statewide initiative. She stated her support for the amendment.
Council Member Abbott stated that she preferred to discuss the item at a study session. She requested that County representatives and members of the committee meet to explore the details.
Council Member Garner stated that the Library Review Committee served as a study session. He stated that he wanted to establish a basis for the unknown items in the report.
Council Member Kunisch concurred with holding a study session.
Council Member Gillaspie stated that this was not a short term recession issue. He stated his support for the amendment.
Council Member Garner stated that he would be willing add to his motion to go to a study session after facts have been determined.
Council Member Carter suggested starting a petition.
Mayor Loomis noted that he has negotiated many IGA’s with the County. He explained that Oro Valley was represented by one supervisor and that the County needed to hear from more than the Town about the library. He stated that the Town has little leverage during negotiations and paid a disproportionate share. He noted that there was a lot of speculation in the report and that the County would likely maintain their "all or nothing" position. He stated that being in the minority, it was unlikely that the Town would receive answers.
Council Member Abbott stated that as a Town, every attempt should be made to do due diligence.
Council Member Kunisch stated that the legislature in Phoenix should be approached to form a tax district. He suggested polling the citizens as to whether they were willing to support the library out of the General fund.
MOTION carried, 4-3 with Mayor Loomis, Vice Mayor Carter, and Council Member Kunisch opposed.
MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Carter to approve the amended motion and to thank the members of the Committee and staff for their work, dedication and time given and accept the Oro Valley Library Review Committee report with its findings and recommendations as presented to the Council and to direct Town staff along with the Town Attorney to explore the "ifs" and the other issues in the report and identify what the impacts would be and to direct staff to explore with Pima County along with the Board of Supervisors all of the opportunities to include the turnover and have staff prepare another report.
MOTION carried, 7-0.
Mayor Loomis called for recess at 9:13 p.m. The meeting resumed at 9:19 p.m.
Ventana Medical Systems Inc. (VMSI) representative and Oro Valley resident Gregg Forszt presented the item. He presented an overview of the expansion of the facilities:
~The plan would expand the existing campus within Rancho Vistoso Neighborhood 3 (Innovation Park)
~This would increase the number of employees from 850 to approximately 2,600
~The facility would increase from 350,000 square feet to 1,160,000 square feet
~The expansion would be primarily for research facilities
He explained that the facilities would require:
~Additional building height to accommodate support systems
~Additional security
He stated that a text amendment to the PAD was requested to include:
~12 additional feet to the current 36’ height limit yielding 48’ to the top of the parapet
~2 additional feet to the current 6’ security wall/fence height limit yielding 8’ total height
He cited the reasons laboratories needed higher floor to ceiling height unlike other commercial buildings:
~The need for support systems and support utilities distributed in the interstitial space
~Additional interstitial space would allow for safe installation, operation, maintenance and rearrangement of utilities
*Allows for multiple contractors to work at one time to complete the job sooner
*Easier to maintain
~The need for higher ceilings due to larger floor plates
~A lab needed 6 times the amount of air circulating to cool the lab adequately; therefore the ceilings would need to be higher.
He stated the advantages for higher floor to floor height:
~Community
*Less construction and traffic impact through faster construction
-Minimized variables during current and future construction
-Decreased overlapping of construction disciplines
~Environment
*Less land coverage for the same function
-Short interstitial space forces spreading utilities in order to make them fit
*Allows for more natural light
*Large, open and flexible office space
-Short ceiling heights force smaller work environments
*Minimized customization allows more modular designs and less material used during the life of the facility
*Allows flexible spaces for modification or rearrangement
~Safety
*Proper space for safer construction and maintenance
~Operations
*Less congestion for utilities allows for more efficient facility operations
Mr. Forszt reviewed the proposed language changes for a text amendment. He presented a letter from the Vistoso Community Association which stated that they were not opposed to the expansion.
Paul Oland of WLB Group stated that the request was to measure the 48 feet from the ground floor. It was noted that the basement was for service fire access.
Planning and Zoning Director Sarah More presented the staff report:
She explained the proposed changes to the text amendment:
~48 foot building height
*Currently 36’ or 44’ on 15%+ sloped areas
*Additional allowances for mechanical, solar and exhaust appurtenances
~Building height will be measured from finished grade of ground floor
~Eight foot high security fence around perimeter of the VMSI campus
*Walls currently allowed up to six feet
In conclusion, she stated that:
~Planning & Zoning Commission recommended approval unanimously
~The Development Review Board (DRB) will review mechanical and exhaust equipment to ensure compatibility and view protection
~Buildings may be more visible due to increased height, but views from neighboring residential areas will not be impacted
~Text amendment meets the technical needs of bio-tech industries and is supported by the General Plan
~Individual building architectural plans will be reviewed by the DRB to ensure design compatibility
It was noted that interstitial space worked better for labs than modular flooring.
Mayor Loomis opened the public hearing. There being no speakers, he closed the hearing.
MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Kunisch to adopt Ordinance No. (O) 09-09, amending Rancho Vistoso PAD to allow a maximum building height of up to 48 feet for buildings within the Ventana Medical Systems campus, as well as an allowance for an eight foot high security wall around the perimeter of the campus; and allow measurement for the VMSI property in question only to be from ground floor level and not a general text amendment
MOTION carried, 7-0.
Mayor Loomis stated that items 5 and 6 would be combined for informational purposes.
Mr. Gregg Forszt of Ventana Medical Systems Inc. (VMSI) presented the long term plan for the facility. He explained the phases that would take place and reviewed what the complete build out of the campus would look like.
He reviewed the first phase of the campus. He stated that Roche’s goal was to remove all chlorofluorocarbon’s (CFC’s) from their campuses around the world. He noted that Roche subscribed to standards higher than Leadership in Energy and Environmental Design (LEED) standards.
He reviewed the sustainability plan for the facility:
~Commitment to environmental responsibility
*Use of natural refrigerants
*Eliminate HFC/HCFC compounds from refrigerant systems and fire systems
~Committed to meeting equivalency to industry standards
He requested approval for a 600 space lot with two transit stops.
Planning and Zoning Director Sarah More noted that the master development plan had completed the new process of submittals. She commended VMSI for their communication with staff.
She reviewed the development plan features:
~New parking lot would replace the temporary lot
*650 spaces in 2009
*250 spaces in the future
~Will serve existing employees
~Perimeter drive
~Potential modular building
~Will be removed in the future
site layout, access pp
Ms. More stated that:
~The DRB recommended approval unanimously
~The development plan is in conformance with the General Plan and Oro Valley Zoning Code Revised requirements
~Met design guidelines
~Parking lot will be buffered from Innovation Park Drive
~Perimeter drive will enhance on-site circulation
~No opposition by neighboring property owners
~Pedestrian connectivity
~Alleviates need for parking on the west side of Innovation Park Drive
It was noted that the parking lot would be completed in phases and that the campus should double in size in the next ten years.
MOTION: A motion was made by and seconded by to
MOTION carried, 7-0.
MOTION: A motion was made by and seconded by to
MOTION carried, 7-0.
Dan Roach of Curry Architecture represented Holiday Retirement.
Mayor Loomis directed Mr. Roach to address the text amendment only.
Mr. Roach noted that the older the resident, the more likely that resident preferred to socialize as opposed to cooking.
He stated that the cost savings of not having a kitchen per suite was $100,000 per building. He noted that savings could be put toward a richer environment for the residents.
Mr. Roach stated that the text amendment would:
~Give the choice to seniors by allowing kitchens or non-kitchens
~Require the provision of food services should they opt out of a kitchen
It was noted that:
~There would be an outlet for a microwave that would not be hard wired
~It was better to have microwaves as opposed to ranges in these facilities for safety reasons
~Units with full kitchens were for live-in staff
~The goal was to have residents have their meals in the dining room
~This model did not offer delivery to the rooms unless they were ill or incapacitated
Planning and Zoning Director Sarah More presented the staff report:
~Consistent with the General Plan policies to broaden housing choices
~Intent of use would remain the same
~Consistent with other jurisdictions’ definitions
~Consistent with other Town regulations
~Planning and Zoning Commission recommended approval
Mayor Loomis opened the public hearing.
Oro Valley resident Bill Adler stated that his research concluded that the applicant did not offer an affordable housing choice. He stated that the services, amenities and construction were not competitive. He stated that he was opposed to the use. He disagreed that there was a danger with having a full kitchen and that full kitchens were part of being independent.
Mayor Loomis closed the hearing.
Mick Davis stated that he had been with the company since 1969. He stated the following:
~The average age of their residents was 82.5.
~Their facilities have maintained a 95% occupancy rate
~None of their 30,000 facilities have kitchens
~The townhomes have kitchens and cater to younger seniors
It was noted that unless it is a recuperative situation, their facility will move a resident out if they require or employ a care giver longer than two weeks.
MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Carter to adopt Ordinance No. (O)09-05 amending the OVZCR, Chapter 31: Definitions as provided in Exhibit A, with the revision change "permanent" to "full" as presented in Attachment 7.
Council Member Gillaspie requested a friendly amendment to change the definition to include full meal plan of three meals a day. The amendment was accepted, however after discussion the amendment was withdrawn.
MOTION carried, 4-3 with Council Member Abbott, Council Member Garner, and Council Member Latas opposed.
Economic Development Specialist Amanda Jacobs presented the item. She stated that the purpose of the commission was to research and propose recommendations to Council on matters regarding the Town’s economic development efforts. She stated that staff recommended the following for the board composition:
~7 voting members appointed by and serve at the pleasure of the Council
~Shall include representatives from any of the following:
*Major utilities
*Banking/Financial services
*Real estate
*Lodging
*Tourism
*Large business
*Small business
*Higher education
*School district
~Members shall be residents of the Town which may include:
*Business persons with operations in the Town or persons employed in the Town regardless of place of residence
~Shall include two ex-oficio non-voting members
*Town Manager or designee
*President of the Northern Pima County Chamber of Commerce
Mayor Loomis opened the public hearing.
Northern Pima County Chamber of Commerce President & CEO Ramon Gaanderse stated that the commission would better the community. He stated that it would be the private sector and the public sector working together. He noted that any time a commission was created, it was important to promote good stewardship.
Oro Valley resident and Board of Adjustment member Jeremy Christopher stated that he worked on economic development in Flagstaff. He stated that this would be excellent for Oro Valley. He urged Council to seriously consider membership noting that as proposed, some were excluded that could bring value to the board. He noted that the commission would add significant value to the community.
Oro Valley resident Al Cook stated that he supported the commission and that it was needed. He stated that it was the right time to find new ways for the Town to flourish by having the Town and businesses work together.
MOTION: A motion was made by Council Member Garner and seconded by Council Member Gillaspie to approve Ordinance (O)09-10, amending Chapter 3 of the Oro Valley Town Code by adding Section 3-6-10, Economic Development Commission with the following change under section 3-6-10A, third sentence to read, "members shall be residents of the Town of Oro Valley." Delete the remainder of the paragraph; I further move to adopt the rules and procedures for the Economic Development Commission and appoint Salette Latas as the liaison to the Economic Development Commission. (Friendly amendment offered by Council Member Latas and accepted) and to consider the concerns brought forward by Mr. Christopher and Ms. Jacobs and in the same paragraph under "Board Composition" amend the second sentence to strike out "... any of the following categories..." to the end of the sentence; and replace with "The voting membership of the EDC shall include representatives from a variety of businesses and organizations."
Council Member Gillaspie stated his support for the motion.
It was noted that in the past, Council had voted against each Council member appointing a commissioner.
Council Member Abbott commented that each Council member should have an appointee as it was the most fair. She stated her concerns regarding staff time, due to the reduction in staffing, the criteria for board membership and how the commission would be formed. She stated her opposition to the motion.
Council Member Kunisch noted that, in the past, the Town had an Economic Development Administrator to draw businesses to the area and that consideration should be given to better support Tucson Regional Economic Opportunities (TREO) or replace the administrator.
Mayor Loomis noted that the Town’s Economic Development Specialist had worked hard and had done very well filling in for the administrator.
Council Member Garner stated that the commission would be comprised of the stakeholders.
Vice Mayor Carter stated that the items that would be addressed by the commission should be handled by Council.
Council Member Kunisch stated that he could support the motion if each Council member had an appointee.
MOTION failed, 3-4 with Mayor Loomis, Vice Mayor Carter, Council Member Abbott, and Council Member Kunisch opposed.
Mayor Loomis called for a recess at 11:05 p.m. The meeting resumed at 11:11 p.m.
Principal Planner Bayer Vella presented the item. He explained the benefits: ~Energy savings ~New home marketing
~Reduced cost to retrofit
~TEP, State and Federal incentives
He reviewed the cost:
~Less than $100 per home for solar water heating
*$75 rebate available for pre-wiring
~$50 for photovoltaic (PV) roof conduit
Mayor Loomis opened the public hearing.
Oro Valley resident Hector Conde stated that it was time that the Town become proactive with energy decisions. He noted that upfront it would drive up the cost of a new home by $15,000 though it would reduce the overall cost of energy for the Town as a whole by reducing the cost of delivering energy for utility companies.
Oro Valley resident Phillip Greene stated that he had been investigating alternative energies and noted that renewable energy was important. He stated that he would like to see more discussion regarding site planning for subdivisions.
Mayor Loomis closed the hearing.
MOTION: A motion was made by Council Member Latas and seconded by Council Member Gillaspie to adopt Ordinance No. (O)09-11, the residential solar ordinance requiring installation of solar ready measures in residential construction by amending the Oro Valley Town Code Article 6-1 in the 2006 International Residential Code.
MOTION carried, 7-0.
Principal Planner Bayer Vella presented the item. He explained the benefits: ~Water savings ~New home marketing
~Intensive cost to retrofit plumbing
~Best done with landscape design
~Arizona State Income Tax credit for builder and owner
He reviewed the cost for plumbing only:
~$300 for multiple source collection
*$200 Arizona Tax credit
~$25-$50 for washing machine stub out only
Mayor Loomis opened the public hearing.
Oro Valley resident Hector Conde stated his concern regarding bacteria. He stated that faucets should have padlocks so that people will not drink from it. He noted that instructions should be placed in every home and spray heads should be banned as it would spread bacteria.
MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to adopt Ordinance No. (O)09-12, the Residential Gray water ordinance requiring installation of gray water plumbing in residential construction by amending the Oro Valley Town Code Article 6-1 in the 2006 International Residential Code.
MOTION carried, 7-0.
Council Member Latas requested a presentation from the Arizona Department of Transportation regarding the walls along Oracle Road at the July 15, 2009 meeting and have it open for public comment. This was seconded by Council Member Abbott.
CALL TO AUDIENCE - No speakers.
MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to adjourn the meeting at 11:52 p.m.
MOTION carried, 7-0.