Paul Loomis, Mayor
K.C. Carter, Vice Mayor
Bill Garner, Council Member
Barry Gillaspie, Council Member
Al Kunisch, Council Member
Salette Latas, Council Member
EXCUSED: Paula Abbott, Council Member
Mayor Loomis led the audience in the Pledge of Allegiance.
Town Manager David Andrews reviewed the upcoming meeting and events.
There being no objections, Mayor Loomis moved Item 6 up on the agenda before Item 5.
Chris Palic, Oro Valley Police Department and president of Arizona Police Officers Association (AZCOPS) presented a background letter to the Council regarding AZCOPS.
Carolyn Campbell, non Oro Valley resident and Executive Director of the Coalition for Sonoran Desert Protection and a member of the Pima County Bond Advisory Committee requested that the Council consider a future agenda item to approve an amendment regarding bond monies that were set aside for the acquisition of Kelly Ranch. She requested that the monies be used for open space acquisition along Oracle Road. She stated that she would be willing to give a more comprehensive presentation on the subject if the Council wished to consider a possible amendment.
Mayor Loomis presented plaques of appreciation to:
Bill Adler, Planning and Zoning Commission
Teree Bergman, Planning and Zoning Commission (not present, plaque to be mailed).
Mayor Loomis presented the Certificate of Achievement for Excellence in Financial Reporting to Finance Director Stacey Lemos, Accounting Supervisor Mary Rallis and Senior Accountant Linda Ragsdale. He also reported that this was the 15th consecutive year that the Town has received the award from the Government Finance Officer’s Association.
At the request of Council, Mayor Loomis pulled items B and D from the Consent Agenda.
MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Carter to approve the Consent Agenda with the exception of Items B and D.
MOTION carried, 6-0.
A. Minutes: 07/15/09
MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to approve Item B, Coyote Run Transit Monthly Report.
MOTION carried, 6-0.
C. Economic Development Division Monthly Report - July 2009
MOTION: A motion was made by Council Member Garner and seconded by Council Member Gillaspie to approve Item D, Public Safety Fire and Emergency Medical Service Providers Quarterly Report.
MOTION carried, 6-0.
E. Resolution No. (R)09 - 49 Amending the Town of Oro Valley Personnel Policies and Procedures Manual to update Policy 10, Attendance and Leaves
F. Resolution No. (R)09 - 50 Authorizing and approving a new lease for the Parks and Recreation Department Recreational Facility located at 11133 N. La Canada Drive
G. Resolution No. (R)09 - 51 Authorizing and approving a new sublease for the Oro Valley Police Department substation located at 8001 N. Oracle Road
H. Resolution No. (R)09 - 52 Declaring as a public record that certain document filed with the Town Clerk and entitled "The 2009 Amendments to the Tax Code of the Town of Oro Valley"
I. Resolution No. (R)09 - 53 Authorizing and approving a Memorandum of Understanding between the Town of Oro Valley, City of Tucson, Pima County, City of South Tucson, Town of Sahuarita and Town of Marana for the Recovery Act: Edward Byrne Memorial Justice Assistance Grant to fund the Proximity Reader Security System for the Oro Valley Marketplace Substation
J. Resolution Number (R)09 - 54 Authorizing and approving an Intergovernmental Agreement ("IGA") between the Town of Oro Valley and the Arizona Department of Transportation (ADOT) for the State to oversee and administer the Town of Oro Valley’s projects receiving funds under the Federal Government’s American Recovery and Reinvestment Act
K. Resolution Number (R)09 - 55 Authorizing and approving the Town of Oro Valley to enter into an Intergovernmental Agreement ("IGA") between the Town of Oro Valley and the Town of Marana for the purpose of contracting with the Arizona Game and Fish Department to complete a Regional Transportation Authority Wildlife Linkage Crossing Study for a section of Tangerine Road between Interstate 10 and La Canada Drive and La Cholla Boulevard between Tangerine and Overton Roads
L. Resolution Number (R)09 - 56 Supporting the Regional Transportation Authority Wildlife Linkages Project Funding Proposal for the SR-77, Oracle Road, Wildlife Crossing Structures
M. OV12-05-28C Approval of a one year extension to July 15, 2010 of the preliminary plat approval for the Lofts at Vistoso condominiums at Vistoso Town Center, located at the southeast corner of Rancho Vistoso Boulevard and Moore Road
N. Appointment of Ali C. Boelts to the Parks and Recreation Advisory Board for a term to expire on June 30, 2011
O. Appointment of Kit Thomas Donley as Oro Valley’s representative to the Pima County Bond Advisory Committee for a term to expire on September 30, 2015
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 Kunisch to recommend approval of the issuance of the Series 14 Liquor License to the Arizona State Liquor Board for Mr. Todd Huizinga and principals at Stone Canyon Club located at 14200 N. Hohokam Village Place.
MOTION carried, 6-0.
Chief of Police Danny Sharp reported that Cost Plus World Market had installed a software system in their store that would require the customer’s date of birth be entered or the sale could not be completed. Chief Sharp stated that he wanted to recognize this type of responsible corporate sponsorship that would prevent sale of liquor to under-aged customers.
Mr. Lewkowitz, agent/applicant, thanked the Town for their help and stated that they were proud to be part of the Oro Valley Marketplace.
Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed.
MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Carter to recommend approval of the issuance of the Series 10 Liquor License to the Arizona State Liquor Board for Mr. H. Lewkowitz and principals at Cost Plus World Market to be located at 11975 N. Oracle Road.
MOTION carried, 6-0.
Finance Director Stacey Lemos reported that the League of Arizona Cities and Towns coordinates proposed statewide tax code amendments to promote uniformity and tax code compliance. She explained that these amendments would have little, if any, impact on the Town’s sales tax base and if approved, would be incorporated into the Town’s Tax Code.
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 Kunisch to approve Ordinance (O)09-16, adopting "The 2009 Amendments to the Tax Code of the Town of Oro Valley, Arizona".
MOTION carried, 6-0.
Acting Planning and Zoning Director Paul Popelka presented the item and stated that the proposed amendment only refers to illuminated wall signs. He then highlighted the following:
Background:
- Sign Code was revised in 2003
- Master Sign Programs have been approved for Oro Valley Marketplace and other commercial centers
- Zoning Enforcement letter sent out in April 2009 regarding enforcement of Sign Code
- Draft Code changes were approved by the Planning and Zoning Commission in June 2009
Issues:
- Community values and policies
- Business identification
- Hours of illumination
- Security (by design, illuminated wall signs do not add to security of site)
- Dark sky effects
- Energy
- Enforcement
- Relation of Code to Planned Area Developments (PADS) (Rancho Vistoso and Oro Valley Marketplace are not subject to proposed changes)
Code Requirements -
- Current Code - Illuminated wall signs shall be turned off one hour after closing.
- Proposed Code Change - Turn off at 10 p.m. or when the business closes, whichever is later.
Other Jurisdictions -
- Town of Marana and Pima County - sign lights off at 10 p.m. or when the business closes
- Tucson - sign lights off at 11 p.m.
Summary:
- A balance of business and community
- Provide businesses with better visible signage (improvement for many businesses)
- Better directional ability at night
- Matches Pima County’s and Marana’s policy
- Minimal intrusion and impact to dark skies
- Energy savings
- Consistent enforcement
Mayor Loomis opened the public hearing.
Lyra Done, Oro Valley resident, thanked the Council and prior councils and departments that started the Dark Sky ordinance.
Zev Cywan, Oro Valley resident, commented that businesses are hurting but sign lighting is not a way to bring in more business. He stated that he was opposed to the dusk til dawn proposal.
Jeff Jones, Oro Valley resident, asked that Council show local businesses their support and he urged Council to approve a dusk to dawn proposal.
Maurice McCarty, Oro Valley resident, suggested requiring that all signs that are lit after 10 p.m. be back-lit as many are near residential areas and are high intensity signs. He stated that the Town should consider who is affected by the lighting.
Paul Parisi, Oro Valley resident, representing Tucson Metropolitan Chamber of Commerce commented that businesses should be allowed to determine when they should turn off lights. He also suggested that wall lights aid in public safety and that better signs mean better business and better tax revenues.
Don Bristow, Oro Valley resident, supported the ordinance as presented and stated that it was critical to have a balance between residences and businesses.
Jim Skalisky, Oro Valley resident, stated that he was not anti-business but felt that lights should be turned off when the stores closed. He commented that it saves energy and signals people that the business is closed.
Phil Richardson, Oro Valley resident, stated that he had mixed emotions as he was interested in astrology but also supported businesses. He stated that he has visited with people from Kitt Peak and any increase in lighting adds to the loss of dark skies. He also commented that $150 million was spent in Pima County by astronomers.
Edward Beshore, non Oro Valley resident and scientist at the University of Arizona spoke regarding the threat of lights to astronomy. He stated that astronomy was a thriving industry in our area and we needed to keep our skies as dark as possible. He stated that astronomers from around the world come to the Tucson area to study under our dark skies and astronomy provided jobs and enriched students in southern Arizona.
Ramon Gaanderse, non Oro Valley resident and representing Northern Pima County Chamber of Commerce encouraged the Council’s consideration of dusk to dawn lighting. He also encouraged creating dialogues that went beyond illumination regarding signage in Oro Valley.
Matthew Moutafis, Oro Valley resident, encouraged finding creative solutions to help the businesses. He stated that illumination was not the only answer to increasing sales and the Town needed to keep the visual integrity of the community.
Jerry Anderson, Oro Valley resident, commented that he was opposed to any lengthening of hours for illumination of signs. He stated that he moved to Oro Valley because it was advertised as a dark sky area. He stated that did not enjoy having signs illuminating his house when businesses were closed. He also commented that he supports businesses but good customer service would help bring in customers.
Elizabeth Alvarez, non resident and representing Kitt Peak National Observatory commented that there are over 20 telescopes from over 40 institutions on the mountain top. She stated that 150 sites were studied and the Tucson area was picked as the best site. She commented that the Kitt Peak Observatory was celebrating its fiftieth year. She encouraged Council to keep lit sign hours at a minimum and stated that observations from the observatory were conducted from dusk to dawn.
John Stebbins, non Oro Valley resident but business owner in Oro Valley commented that this was a very complex issue and that he was learning many things. He commented that he originally felt this was a safety issue for first responders during the night if businesses were not lit, but there were many good reasons to support or oppose the proposed recommendation. He recommended that Council bring the item back for further discussion.
Don Milliken, Oro Valley resident, commented that Planned Area Developments (PAD) may not be affected. He stated that the Oro Valley Marketplace master sign plan provides that only the theater be lit until 11 p.m. and the Rancho Vistoso PAD provides that signs are turned off when the businesses are closed. He stated that a balance between businesses and residences needs to be made and he recommended that the dark skies are respected and that people think "green".
Doug McKee, Oro Valley resident, commented that he has looked at other communities and many are doing what is being proposed by Oro Valley staff. He stated that the International Dark Sky Association recommended 10:30 or 11:00 p.m and the Model Outdoor Lighting ordinance created by Harvard Law prohibited lights on after 11 p.m. He stated that the Town should keep unnecessary lights from shining onto residences. He urged approval of the staff’s recommendation and recommended that the Town continue to study this item.
Barry Kitay, non Oro Valley resident and developer of Mercado del Rio Shopping Center commented that they were recruiting tenants for the center. He asked that Council consider everything from dark skies to the shopping centers that provide sales taxes to the community. He stated that they try to be a good neighbor and the businesses in the center have appropriate lighting that did not intrude on neighboring residences. He stated that the Town needed to strike a balance for dark skies and businesses and asked that that signs be lit until 11:00 p.m as he felt that the signs do work as advertising.
Wendy Hesse, non Oro Valley resident and local business owner stated that balance was the key. She commented that she learned a lot tonight but she felt that lighting works and helps advertise businesses.
Lynn Taylor, non Oro Valley resident and developer commented that businesses are looking to develop a market force in today’s economy. He commented that lit signs provided advertisement. He stated that there was a happy medium, a solution, and there was better way to do it than what was being recommended.
Art Segal, Oro Valley resident commented that Council has heard from citizens, the business community and the scientific community. He stated that no citizens argued to keep business lights on from dusk to dawn. He commented that the scientific community has asked for dark skies and he also felt that most residents did not want to see lights on throughout the night.
Bill Adler, Oro Valley resident, commented that Sign Code changes should be on the Planning and Zoning Department's work plan and he could not understand why planning staff was doing something that was not authorized during the budget. He also expressed concerns about the disconnect between the Sign Code and the Town's General plan as adding obtrusiveness to the Sign Code was a contradiction to the General Plan.
Michael Quinn, Oro Valley resident and business owner recommended that the proposal be approved. He stated that setback restrictions keep businesses from being seen from roads and signs are advertising. He stated that he felt that the current proposal created a balance.
Mayor Loomis closed the public hearing.
Discussion followed regarding ATM signage lighting; businesses that are currently out of compliance with the Sign Code (approx. 80%); efforts that began with complaints received by citizens regarding lit signs; businesses are not required to have lit signs; and inconsistencies between the Sign Code and the General Plan.
MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Carter to adopt Ordinance (O)09-18, OV7-09-005, amendments to the Oro Valley Zoning Code Revised, Chapter 28 with additional direction to staff to complete a comprehensive review and update of the Sign Code to be completed by September 2010.
MOTION failed, 3-3 with Council Member Garner, Council Member Gillaspie, and Council Member Latas opposed.
Council Members Garner, Gillaspie and Latas did not support the motion due to non-compliance with the General Plan, protection of dark skies, quality of life in Oro Valley and current non-compliance with the Sign Code.
MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Latas to direct staff to return by November with a comprehensive assessment and proposal as it relates to the existing Planning Work Plan and the Sign Code that will provide a recommendation for comprehensive amendment involving all stakeholders and that also gives staff direction to look at it in context of the other elements of the General Plan that we made need to change to start the full Sign Code amendment and work on this and to invite the stakeholder community.
MOTION carried, 4-2 with Vice Mayor Carter and Council Member Kunisch opposed.
Council Member Kunisch did not support the motion as he felt that businesses needed some relief and Vice Mayor Carter expressed concerns regarding what he perceived as discrepancies in the General Plan (maintenance of dark skies vs. safety of residents).
Mayor Loomis recessed the meeting at 8:15 p.m. The meeting resumed at 8:25 p.m.
Senior Planner Matt Michels presented the item and highlighted the following:
~ Goals
-Improve participation process and outcomes for all stakeholders:
- Applicants - encourage quality development and investment in the community
- Citizens - engage earlier and work toward solutions and consensus
- Decision makers - solve problems prior to public hearing
~ Objectives
- Provide a uniform template for effective public participation in the development process
- Codify requirements for public outreach and participation for various actions
- Ensure a consistent approach to public outreach and participation for projects
~ Code elements:
- Public outreach Plan (POP) and Report
- Neighborhood meetings
- Educational element
- Applicant presentation
-Issue identification
- Consensus for solutions
~ Standard Operating Procedure (SOP)
- Specific implementation policies
- Tier system for facilitation
- Neighborhood meeting process
~ Summary:
- Unanimous recommendation of approval by Planning and Zoning Commission
- Consistent set of policies and guidelines
- Improved neighborhood outreach process
- Public outreach plan and report go above and beyond written notification and formal neighborhood meetings
- Tier system rather than a one size fits all approach
- SOP can be updated and amended
- Period of adjustment and refinement
Discussion followed regarding notification areas, pros and cons regarding combining the two neighborhood meetings, major and minor amendments, discretion of the Planning and Zoning Director and being careful not to add a lot of additional time to projects.
Mayor Loomis opened the public hearing.
Bill Adler, Oro Valley resident, referenced the General Plan policy regarding new development protecting existing development. He also commented on the benefits of holding two meetings, one for the education of the residents/neighbors and one with the applicants. He encouraged the Council to think this text amendment through as it was important and he did not want to see the educational component undermined.
Mayor Loomis closed the public hearing.
Further discussion followed regarding the need to provide more flexibility for the Planning and Zoning Director; walking through the process to figure out what amount of time and costs might be added to the applicant’s project; and looking at "hot button" issues that have occurred.
MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Garner to continue Ordinance (O)09-17, OV7-09-06 until the first meeting in November with direction to staff to return with more specific recommendations on applicability and with suggestions for flexibility in those instances where judgment would be appropriate for a particular project.
MOTION carried, 6-0.
Council Member Latas (second by Council Member Gillaspie) - September 16th meeting- Resolution to amend the bond ordinance to allow the use of Pima County open space bonds earmarked for purchase of Kelly Ranch ito instead be used for purchase of parcels on Oracle Road adjacent to the wildlife linkage near milepost 84.8 (and to investigate the legalities of such an amendment).
Vice Mayor Carter (second by Council Member Kunisch) - Agenda in October for discussion on spending money for a traffic study and the cost of putting a left turn lane in by Holiday Inn Express (San Jose Plaza).
Paul Parisi, Oro Valley resident, commented on the speed limit on the portion of La Canada between Naranja Road and Lambert Lane and requested that the Town consider increasing the speed limit to 45 mph since the road has been widened stating that this would then be a consistent speed limit along La Canada. He also offered Tucson Metropolitan Chamber of Commerce’s resources to help do anything positive for the Town.
MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to adjourn at 9:20 p.m.
MOTION carried, 6-0.