MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
November 18, 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
Bill Garner, Council Member
Barry Gillaspie, Council Member
Al Kunisch, Council Member
Salette Latas, Council Member
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Vice Mayor Carter attended the meeting via telephone.
Mayor Loomis led the audience in the Pledge of Allegiance.
Communications Administrator Mary Davis reviewed the upcoming meetings and events.
Council Member Latas reported that she attended a workshop called "Running and Winning" that was presented by the League of Women Voters and the American Association of University Women. She stated that it was great opportunity to visit with young women about running for office.
Communications Administrator Mary Davis thanked members of the community and the Council for their attendance at the event celebrating the arrival of the Capitol Christmas tree that was held at the Oro Valley Marketplace. She stated that over 1200 people were in attendance. She also reminded the audience of the Town’s Christmas tree lighting and related activities scheduled for December 4th and 5th to be held at Steam Pump Ranch.
ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING
Mayor Loomis announced that the Council would be voting to continue Item 7 until the December 2, 2009 meeting due to the illness of the item’s presenter. He also stated that if there were no objections, Item 10 would be moved up on the agenda to follow Item 3.
Chuck Walton, Oro Valley resident, expressed concerns with negative letters written to the Editor of the Explorer newspaper regarding the Oro Valley Police Department. He reviewed services and duties that officers perform for Oro Valley’s citizens. He also recognized the Citizen’s Volunteer Assistance Program (CVAP) volunteers for their service to the Town.
Richard DeBernardis, representing El Tour de Tucson, updated the Council on this year’s bicycling event. He thanked the Town Council, Police Department and staff for their support and help with the event.
Art Segal, Oro Valley resident, commented that he spoke with former Town Manager David Andrews. He stated that Mr. Andrews expressed gratitude to those who have supported him. Mr. Segal also asked that Mr. Andrews be told what issues existed that led to his termination.
Joe Hornat, Oro Valley resident, commented on recent letters to the Editor in the Explorer newspaper regarding the Oro Valley Police Department. He commented that "continued criticism by a few is just that and when those few are given a platform from which to speak, they will unfortunately continue their quest with the same continued arguments". He also commented on the recent Council retreat and stated that he had hoped it would be a time for healing and team building.
Council Member Latas reported that puppies were available for adoption but they were still too young to be presented during Pause for Paws. She stated that they would soon be available at the Humane Society, PetsMart and PetCo and other local shelters.
MOTION: A motion was made by Council Member Kunisch and seconded by Council Member Gillaspie to approve the Consent Agenda as presented.
MOTION carried, 6-0.
| A. |
Minutes: September 23, October 7, 14, 21, 28, 2009 |
| B. |
Economic Development Division Quarterly Report - July 1, 2009 - September 30, 2009 |
| C. |
FY 2009/10 Financial Update through September 2009 |
| D. |
Tucson Regional Economic Opportunities, Inc. Quarterly Report: July 1, 2009 - September 30, 2009 |
| E. |
Resolution No. (R) 09 - 73 Approving an Intergovernmental Agreement between the Town of Oro Valley, the City of Tucson, and the Metropolitan Domestic Water Improvement District for Joint Funding of a Cost of Service Study for Wheeling of Central Arizona Project Water |
| F. |
Public Safety Fire and Emergency Medical Service Providers Quarterly Report - July through September 2009 |
MOTION: A motion was made by and seconded by to
MOTION carried, 6-0.
Interim Assistant Town Manager and Finance Director Stacey Lemos reviewed the Alternative Expenditure Limitation (Home Rule) option and process. She explained that the Home Rule was enacted in 1980 through a Constitutional amendment that allowed local jurisdictions an alternative to the State-imposed limitation. Ms. Lemos reported that the Town has operated under the Home Rule Option for 28 consecutive years and that this item would be placed on the March 9, 2009 Primary Election ballot for voter consideration. She then highlighted the following:
~ State imposed expenditure limitation comparisons
~ Consequences of State-imposed Limitation:
- Town would not be able to spend available resources for each of the next four years
- Would force Town’s budgeted contingency reserve to be at least the amount of the difference shown
- Services would be severely reduced
Election Timeline:
1) 11/18/09 First public hearing
2) 12/02/09 - Second public hearing
3) 03/09/10 - Primary Election (Voters determine if Home Rule is approved. If approved, the Home Rule would be effective fiscal years beginning 2010/11- 2013/14
Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed.
Water Utility Director Philip Saletta reviewed the Council Communication and highlighted the following:
~ Council Water policies adopted by Resolution (R)05-09 on March 5, 2005
- Water Utility is an Enterprise Fund and is self supporting with rate based revenues
- Debt service coverage ratio of 1.3
- Cash reserves of at least 5% of budget
- Avoid/minimize rate shock
- Rates set to encourage water conservation and to encourage use of reclaimed water
Mr. Saletta reviewed the major differences between the Preferred and Alternate scenarios:
| Preferred Scenario | Alternate Scenario |
| Increase in base rates, commodity rates and GPF | Increase in GPF |
| $2.06 per month more to customer | $1.60 per month more to customer |
| Future debt of $3.58 million in FY2012/13 | Future debt of $5.91 million in FY 2010/11 |
| Use cash first | Incur debt first |
| Lower debt service | Higher debt service |
| Ending cash balance in year 5 of $2.69 million | Ending cash balance in year 5 of $2.26 million |
Water Utility Commission (WUC) Vice Chair Richard Davis stated that the WUC is recommending that Council approve the Preferred Scenario as it would generate needed revenue and reduce future debt and reduce rate shock in future years.
In response to questions from Council Member Garner, Mr. Saletta confirmed that the 2009/10 budget was balanced with the notion that there would be no base rate increase. Mr. Saletta also confirmed that the Water Utility Enterprise did not impact the Town’s General Fund but staff would be revisiting the 5% cash reserve mandate and will bring it back to Council for review.
Mayor Loomis opened the public hearing.
The following Oro Valley residents expressed concerns with the possible increase in water rates citing such reasons as the increase penalized those that conserved water, the economic depression and water bill is higher than electricity and gas:
Evor Kunasz
Joe Barr
Victor Pinzon
Doug McKee, Oro Valley resident, stated that he reluctantly supported the increase and commented that no one wants to pay more for water but it must be recognized that utilities have a huge fixed cost.
Mayor Loomis closed the public hearing.
MOTION: A motion was made by Council Member Garner and seconded by Council Member Latas to approve Resolution (R)09-74 with the Alternate Scenario.
Discussion followed regarding revenue projections with respect to Central Arizona Project (CAP) water delivery, the Groundwater Preservation Fee (covers CAP renewable water supplies with respect to reclaimed water), balanced budget was based on no rate increase, the Water Utility Commission has identified rate shock and works to reduce those impacts, and look for ways to reward customers that conserve.
MOTION failed, 2-4 with Mayor Loomis, Vice Mayor Carter, Council Member Gillaspie, and Council Member Kunisch opposed.
MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Kunisch to approve Resolution (R)09-74 with the Preferred Scenario.
MOTION carried, 4-2 with Council Member Garner and Council Member Latas opposed.
Mayor Loomis recessed the meeting at 7:22 p.m. The meeting resumed at 7:30 p.m.
Interim Assistant Town Manager and Finance Director Stacey Loomis reviewed the Council Communication and explained that if the Police Department Management Study was approved by Council, the objective would be to conduct an analysis to use in time for the upcoming budget process. She also stated that funding would need to be allocated from the General Fund Contingency reserves.
Discussion followed regarding:
~ The timing of the request and budget concerns
~ The costs and benefits of such a study
~ The Police Department is over 50% of the Town’s budget and should be the first place to look at a management study
~ Get a critique of operations and overview of the Police Department
~ Complete before budget process begins
~ Management study was done in 1999. Police Department Strategic Plan was created and has been updated annually
~ Consensus of Council from the Council Retreat was to conduct a Police Department Management Study
~ Only giving authorization to move forward; no money being committed at this time; would come back to Council for review and approval
~ Parks and Recreation Department study was removed from this year’s budget so should also conduct a study for Parks
Mayor Loomis opened the floor for public comment.
Richard Tracy, Oro Valley resident, stated that he was in favor of police management studies but they should be done for the right reason. He stated that it was not right time spend this kind of money.
Melanie Larson, Oro Valley resident, stated that the Police Department has always been stellar. She noted that the last budget cycle was tough and the community was generally concerned about the upcoming budget. She stated that it should be put off for a couple of years.
Art Segal, Oro Valley resident, stated this study would bring about a return on the Town’s investment and it was worth conducting a study on a department that expends 50% of the Town’s budget.
Bob Becker, Oro Valley resident, stated that the past budget process provided extreme scrutiny on the Police Department and it was fiscally irresponsible to spend money on a study at this time. He stated that by looking at police reports, Oro Valley is one of the safest places to live. He stated that the Council should let the Chief of Police run his department and that the Council’s job was to make sure that the Town is fiscally responsible.
Discussion followed regarding the timeline associated with performing a management study, getting the information back in time to support the upcoming budget and Council is only asking for information at this time.
MOTION: A motion was made by Council Member Garner and seconded by Council Member Latas to direct staff to bring back options that identify firms to conduct Public Safety Management Studies and a range of their fees to the January 6, 2010 Council meeting. Also, include firms to conduct Parks and Recreation Management studies (per friendly amendment offered by Mayor Loomis).
MOTION carried, 5-1 with Vice Mayor Carter opposed.
(Vice Mayor Carter suspended his attendance at the meeting via telephone).
Michael Fuller with Curry Architecture, representing the applicant, reviewed the proposed independent living facility and highlighted the following:
~ Resident profile
~ Lifestyle
~ Building design
~ Site Plan (located on the north side of Lambert Lane at Highlands Drive)
- Maximized views
- Over 60% of site is open space
- Lighting plan
~ Questions regarding traffic
- Most residents don’t drive, transit services provided for residents
~ Compatibility with neighborhood
- Kept residential in nature
Acting Planning and Zoning Director Paul Popelka reported that the project meets or exceeds all requirements of the Conditional Use Permit (CUP) and stated that staff recommends approval. He also explained that the neighboring Highlands Mobile Home Park sits about 10 feet above the first floor of this project so there would be minimal impact on views.
Karen Berchtold, Senior Planner and Project Manager, reviewed the project and the CUP criteria and stated that the project would not be materially detrimental to the public health, safety or welfare. Discussion followed regarding odor abatement, proposed bufferyards, traffic in and around an independent living facility, noise abatement and scenic corridor (listed as scenic corridor in Pima County but not In Oro Valley).
Mayor Loomis opened the public hearing.
Bill Adler, Oro Valley resident, commented that the scenic corridor was relevant and spoke to the characteristics of the use. He suggested that a condition be added that in the development plan stage the intrusive nature of the proposed building would be modified.
Mayor Loomis closed the public hearing.
Mr. Popelka explained that the Town’s General Plan identifies this area as a potential scenic corridor. He explained that the property is zoned R-4 which is for higher density use, not single family use. He stated that in staff’s opinion, the height of the building does not render it intrusive and that it is not out of character for this area. Staff did not see the proposed project as an impact to the potential scenic corridor.
MOTION: A motion was made by and seconded by to
MOTION carried, 5-0.
Jonathan Lew, Planning Tech, presented the Council Communication and reviewed the proposed Sign Code Amendment Scope of Work highlighting the following:
~ Background (Sign Code last revised in 2005)
~ General Plan Policies
- Least intrusive signage possible and should be for information and direction
- Dark skies and safety
- Attract business
- Signage primarily for identification
~ Proposed Scope of Work
- Changes to Permanent Sign Standards
- Temporary Signs
- Right of Way Signs
- Definitions
- Prohibited Signs
- Illumination Standards
~ Methodology and Timeline
- Form Sign Code Task Force (January 2010)
- Updates to Planning and Zoning Commission and Town Council
- Draft to Town Council (September 2010)
Acting Planning and Zoning Director Paul Popelka explained that besides the Sign Code Task Force that would consist of representatives from businesses, sign companies, special user/interest groups and citizens, they also intended to form small focus groups (i.e. realtors) to bring forward issues specific to their business and suggestions for addressing those issues.
Further discussion followed regarding:
~ Task Force regular members (10 - 12)
~ Making sure that all stakeholders have a say
~ Looking at signage regarding directional, advertising or advertising purposes
~ General Plan policies
~ Add to the Planning and Zoning Commission Work Plan
Zoning Program Supervisor Dee Widero reviewed the fees collected for signage (i.e. right-of-way signs, off-site signs), allowances for specific types of signage, annual permits and active sign permits.
Discussion followed regarding real estate signage, right-of-way signage, enforcement and creating a sliding scale for size of business.
Mayor Loomis opened the floor for public comment.
Zev Cywan, Oro Valley resident, commented that there were two categories, lighting and street signs, that should be addressed separately.
Bob Chaney, non-Oro Valley resident, commented that it was an excellent idea to solicit help from businesses. He also stated that current restrictions on open house signs made it difficult for realtors.
Wendy Hess, Huntington Learning Center, stated that she was drawn to Oro Valley but felt that the same sign standards should be in place to provide consistency.
Bill Adler, Oro Valley resident, stated that he felt that certain signs were intrusive and he asked that the Council not make concessions or changes without considering the General Plan.
Paul Faust, non-Oro Valley resident, commented that housing market led the Country into the recession and that this needed to be looked at realistically. He stated that if real estate agents continued to get attacked, then the housing market would continue to get worse.
Barbara Farrell, Oro Valley resident, stated that real estate signs needed to be looked at as a separate entity. She commented that brokers would not pay for signs. She commented that everyone needed to work together for the benefit of the people that live here or are trying to sell.
Joe Hornat, Oro Valley resident, stated that there are two different issues, Sign Code issues and signs placed in medians. He stated that this needed to be looked at quickly and that the committee could come up with thoughts about the General Plan. He also stated that enforcement was also an issue.
Art Segal, Oro Valley resident, commented that there were two separate entities and that the Code must be consistent. He also recognized the validity of having real estate agents on the committee but that the committee should also include people from the scientific community and the business community.
MOTION: A motion was made by Council Member Latas and seconded by Council Member Kunisch to direct staff to return with a Resolution amending the fee schedule for collection of fees for right-of-way sign permits and return to the Council with options by the second meeting in January (1/20/10).
MOTION carried, 5-0.
MOTION: A motion was made by Council Member Latas and seconded by Council Member Garner to approve the proposed scope of work, methodology and time line to review various sections of the Zoning Code Revised, Chapter 28, Signs, with the following changes: that at least one of the two business owners be a real estate agent and that whenever possible, the members of the Task Force be residents of Oro Valley and to include that the Task Force will investigate and come up with recommendations with respect to General Plan conflicts (friendly amendment offered by Mayor Loomis) and that notifications to the Homeowners Associations (HOAs) be included to solicit their participation (friendly amendment offered by Council Member Gillaspie).
MOTION carried, 5-0.
Mayor Loomis recessed the meeting at 9:55 p.m. The meeting resumed at 10:00 p.m.
Bayer Vella, Conservation & Sustainability Manager, updated the Council on the status of the Energy Efficiency Conservation Strategy for the Town’s facility improvements. He explained that the Town received monies from the Energy Efficiency Conservation Block Grant (U.S. Department of Energy). He then highlighted the next steps in the process as follows:
1) Submittal of Energy Efficiency Strategy
2) Secure Finance Rates and Tucson Electric Power (TEP) Solar Photo Voltaic (PV) Rebates
3) Process Clean & Reusable Energy Bonds (CREBS)
4) Negotiate a contract with Arizona Public Service (APS) Energy Services
5) Construction
Mr. Vella further noted that all projects are 100% self funded and that energy reductions are financially assured by APS Energy Sources.
Mayor Loomis opened the floor for public comment.
Doug McKee, Oro Valley resident, cautioned that there were always strings attached when accepting federal monies. He commented that the project was good if all the projected numbers were met.
Bruce Plank, Solar Energy coordinator for the City of Tucson, commented that he was happy to see that Oro Valley was joining the group to install solar projects and he encouraged the Council to move forward.
MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Latas to approve Resolution (R)09-76 authorizing the execution of the Town Energy Efficiency Conservation Strategy as a required component of the Energy Efficiency and Conservation Block Grant.
MOTION carried, 5-0.
MOTION: A motion was made by Council Member Latas and seconded by Council Member Kunisch to continue Item 7 until the December 2, 2009 Council meeting.
MOTION carried, 5-0.
Interim Assistant Town Manager and Finance Director Stacey Lemos reviewed the Council Communication. She stated that at the November 9, 2009 Study Session, Council asked staff to bring the Community Funding Program back for discussion due to the projected budgetary shortfalls anticipated for the upcoming fiscal year.
Mayor Loomis opened the floor for public comment.
John Musolf, Oro Valley resident, recommended that the Council suspend all community funding for 2010/11 fiscal year but that they retain contributions for Project Graduation which has been funded from the Police Department’s Seizure and Forfeiture Fund.
MOTION: A motion was made by Council Member Garner and seconded by Council Member Latas to suspend community funding to outside agencies for fiscal year 2010/11 due to budgetary constraints.
Discussion followed regarding funding to specific entities but not playing favorites, prudent to cut across the board this year and Project Graduation funding utilizing Police Department Seizure Funds.
MOTION carried, 5-0.
Discussion followed regarding creating a process for replacement of Council liaison assignments when necessary.
MOTION: A motion was made by Council Member Latas and seconded by Council Member Kunisch to appoint Council Member Gillaspie to fill the unexpired term of Council Member Abbott to the Parks and Recreation Advisory Board and to serve as the liaison to the Amphitheater School District.
MOTION carried, 5-0.
Michael Quinn, Oro Valley resident, thanked the Town for its "Shop Oro Valley" campaign and asked whether the Town had a policy in place to purchase Town items from local Oro Valley businesses. He stated that it was important to keep dollars in Oro Valley.
Council Member Latas asked that staff bring this back as a future agenda item.
MOTION: A motion was made by Council Member Garner and seconded by Council Member Latas to adjourn at 11:10 p.m.
MOTION carried, 5-0.