MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
April 7, 2010
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 5:00 PM
CALL TO ORDER - 5:05 p.m.
ROLL CALL
|
PRESENT: |
Paul Loomis, Mayor
Bill Garner, Vice Mayor
K.C. Carter, Councilmember
Barry Gillaspie, Councilmember
Mary Snider, Councilmember
Pat Spoerl, Councilmember
|
Councilmember Gillaspie attended meeting via telephone.
EXECUTIVE SESSION - 5:06 p.m.
MOTION: A motion was made by and seconded by to
MOTION carried, 6-0.
MOTION: A motion was made by Councilmember Carter and seconded by Vice Mayor Garner to go out of Executive Session and resume Regular Session Council Meeting at 5:50 p.m.
MOTION carried, 6-0.
RESUME REGULAR SESSION AT OR AFTER 6:00 PM
|
PRESENT: |
Paul Loomis, Mayor
Bill Garner, Vice Mayor
K.C. Carter, Councilmember
Barry Gillaspie, Councilmember
Mary Snider, Councilmember
Pat Spoerl, Councilmember
|
Mayor Loomis led the audience in the Pledge of Allegiance.
Communications Specialist Kelsie Hanson reviewed the upcoming meetings and events.
Councilmember Snider read a letter from Pima County Administrator Huckleberry congratulating and thanking Police Chief Sharp and the Oro Valley Optimist’s Club on the Dispose-A-Med program.
Parks and Recreation Director Ainsley Legner handed out copies of the newest edition of Southern Arizona Tee Times magazine featuring an Oro Valley junior golf program participant on the cover and information about the program on page 31.
Helen Dankwerth, an Oro Valley resident, updated the Council on the purchase of a reading machine by the Friends of the Oro Valley library that is used to magnify printed matter for those that have trouble seeing. She also stated that KVOA would be running a story on the library and the new device.
Bill Adler, Oro Valley resident, commended Paul Keesler, Public Works Development Review Division Manager, for the customer service that he furnished at a Planning & Zoning Commission meeting the night before. Mr. Adler stated that an individual was not able to speak on an item and was distressed, so Mr. Keesler personally invited her to go outside to review the plans and answered her questions.
Consent items K, L, M, N, O and S were pulled at the request of Council.
MOTION: A motion was made by Councilmember Carter and seconded by Councilmember Gillaspie to approve the Consent Agenda with the exception of items K, L, M, N, O, and S.
MOTION carried, 6-0.
| A. |
Minutes - February 10, 17, 24, March 3, 2010 |
| B. |
Building Safety Activity Report - February 2010 |
| C. |
Oro Valley Bicycle/Pedestrian Plan and Trails Plan Updates |
| D. |
Council Trip Report Washington DC March 10 -17, 2010 & League of Arizona Cities & Towns meeting held on March 18,2010 |
| E. |
FY 2009/10 Financial Update through February |
| F. |
Resolution No. (R)10-14 Authorizing and approving an Arizona Mutual Aid Compact between the Town of Oro Valley and the Arizona Department of Emergency and Military Affairs |
| G. |
Resolution No. (R)10-15 Approving contract amendment one (#01) to the Intergovernmental Agreement between Pima County and the Town of Oro Valley for the Pima Regional Special Weapons and Tactics Team |
| H. |
Resolution No. (R)10-16 Requesting support for the Town’s application for technical assistance from the Federal Environmental Protection Agency’s (EPA) Smart Growth Implementation Assistance (SGIA) Program. |
| I. |
Appointment of Human Resources Director Betty Dickens to the Corrections Officers Retirement Plan (CORP) Board for the Town of Oro Valley with term effective April 7, 2010 to August 31, 2012 |
| J. |
Appointment of Interim Town Manager, Jerene Watson, to the Public Safety Personnel Retirement System Board with term effective April 7, 2010 to October 31, 2012 |
Mayor Loomis stated that a request had been made from Senator Melvin to change the time on April 24, 2010 from 1:30-3:00 p.m. to 4:30-6:30 p.m. for use of the Council Chambers.
MOTION: A motion was made by Mayor Loomis and seconded by Councilmember Snider to approve request for sponsorship of Senator Al Melvin Town Hall Meetings.
MOTION carried, 6-0.
Vice-Mayor Garner stated that items L, M, N, and O would be the same discussion point regarding the fiduciary and housekeeping process of the contracts, and asked for clarification on this from Town Attorney Tobin Rosen.
Mr. Rosen stated that two of the contracts were for existing relationships in the current cycle but were being taken over by the City of Tucson as the fiduciary administering the contracts, and they had asked to be substituted in the contract agreements. He also commented that nothing substantive was being changed in either of the two contracts. Similarly, the next cycle of contracts had been presented by the City of Tucson as the fiduciary, and nothing was changed as to the relationship with the agencies or the agreements themselves.
MOTION: A motion was made by Vice Mayor Garner and seconded by Councilmember Spoerl to adopt Resolution No. (R)10-17, Resolution No. (R)10-18, Resolution No. (R)10-19, and Resolution No. (R)10-20.
MOTION carried, 6-0.
| M. |
Resolution No. (R)10-18 Approving the High Intensity Drug Trafficking Area (HIDTA) Grant Agreement HT20-10-1712 between the City of Tucson (COT) and the Town of Oro Valley, allowing for (2) officers to be assigned to the Pima County/Metropolitan Counter Narcotics Alliance (CNA) (PULLED FOR DISCUSSION) |
See motion in Item L above
| N. |
Resolution No. (R)10-19 Approving the High Intensity Drug Trafficking Area (HIDTA) Grant Agreement HT19-09-1712 between the City of Tucson (COT) and the Town of Oro Valley, allowing for two (2) officers to be assigned to the Pima County/Tucson Metropolitan Counter Narcotic Alliance (CNA) (PULLED FOR DISCUSSION) |
See motion in Item L above
| O. |
Resolution No. (R)10-20 Approving the High Intensity Drug Trafficking Area (HIDTA) Grant Agreement HT20-10-1610 between the City of Tucson (COT) and the Town of Oro Valley, allowing for one (1) officer to be assigned to the Pima County Financial Task Force (PCFTF) (PULLED FOR DISCUSSION) |
See motion in Item L above
| P. |
Resolution No. (R)10-21 Approving the granting of an access easement to Pima County from the Town of Oro Valley to access other utility facilities on adjacent property to the Steam Pump Ranch Development |
| Q. |
Resolution No. (R)10-22 Approving a Private Lands Agreement between the Town of Oro Valley and the United States Fish and Wildlife Service to control buffelgrass and other invasive plant species in Honeybee Wash and two tributaries to the Canada del Oro Wash |
| R. |
OV12-06-25C Approval of a one year time extension of the Master Development Plan, Preliminary Plat and Development Plan for the Oracle Vista Centre effective from September 2, 2010 to September 3, 2011 (property located at the northwest corner of Oracle Road and Linda Vista Boulevard) |
Vice-Mayor Garner stated that he pullled this item because the information in the packet did not accurately reflect what would happen when those agencies were to be removed from the current policy under community funding. He stated that there were no guidelines in place for qualifying for economic development funding and how agencies would be judged.
Mayor Loomis opened the floor for public comment.
John Musolf, an Oro Valley resident, spoke to the concern he had about how future economic development agreements would be handled by the town and if funding guidelines or performance measures would be put in place.
MOTION: A motion was made by Councilmember Gillaspie and seconded by Councilmember Carter to approve Resolution No. (R)10-23 to amend Policy Guidelines and Procedures for the funding of community agencies to a separate line item in the Economic Development budget with the condition that all said funding shall be subject to evaluation criteria that identify value and consistency to town economic development goals and policies and that are subject to performance standards as approved by the Oro Valley Town Council.
MOTION carried, 6-0.
| T. |
Cancellation of April 21, 2010 Town Councl meeting |
Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed.
MOTION: A motion was made by and seconded by to
MOTION carried, 6-0.
Town Attorney Tobin Rosen explained that this amendment would allow for a civil citation or summons into court for non-Oro Valley Water Utility customers that have accrued delinquent fees. Mr. Rosen explained that the collections were currently being handled by the Oro Valley Water Utility Department but that there was not a provision in the code for how the delinquent fees would be handled for property owners that were not water customers.
Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed.
MOTION: A motion was made by Councilmember Carter and seconded by Vice Mayor Garner to approve Ordinance No. (O)10-04.
MOTION carried, 6-0.
Senior Planner Matt Michels presented a brief overview of the plat. Mr. Michels reviewed the rezoning of the property which he stated conforms to the town’s Zoning Code and General Plan land use and policies. He also stated that a native plant protection plan was administratively approved to preserve vegetation prior to grading.
The applicant, Paul Nzomo, of Coronado Engineering, thanked the town staff for a great job during the preliminary plat approval process and addressed the issue regarding the 100 foot right-a-way along Tangerine Road which he showed on the final plat.
MOTION: A motion was made by Councilmember Gillaspie and seconded by Councilmember Spoerl to approve OV12-08-09, Preliminary Plat for the "Rancho Del Cobre" subdivision, located on the southeast corner of Tangerine Road and La Cholla Boulevard, subject to the conditions in Exhibit "A" and the conditions of the rezoning approval (per Ordinance (O)08-04).
EXHIBIT "A"
Conditions of Approval, OV12-08-09
March 17, 2010
Planning & Zoning Conditions
1. The 100 foot right-of-way dedication along Tangerine Road must be clearly depicted on the final plat, as required by Public Works rezoning condition #3.
2. Any significant deviation from the equipment specifications for the recreation area, as depicted in the keynotes on Page R-1, must be approved by the Planning and Zoning Director, and may be reeferred to the DRB for approval.
3. The 50-foot preserve area adjacent to the northern property line shall be dedicated and maintained as common area. This must be clearly depicted on the final plat.
Engineering Technical Correction
1. Sheet 9: Guard rail protection shall be required to protect motorists from the northernmost power pole depicted on this sheet. Provide additional guard rail as necessary.
MOTION carried, 6-0.
Councilmember Gillaspie introduced the item and explained that staff had adapted their current procedures and processes in response to the demands of industry while sustaining the community’s values. He stated that the development of BASIS charter school was taken from concept to groundbreaking in a matter of weeks.
Building Safety Director Suzanne Smith reviewed the four proposed options, three of which would reduce the overall review process. Ms. Smith stated that all of the improvements combined total a savings of 8 t0 10 months in time reduction.
Discussion followed regarding how the time-saving elements were calculated out and Paul Keesler, Public Works Development Review Division Manager, explained that the 4 to 6 weeks savings were figured by the applicant not having to go before the Development Review Board (DRB). The 11 weeks savings were a combination of the applicant not appearing before the DRB and not appearing before the Mayor and Council.
Further discussion ensued that the time estimates within the options were conservative and that continuances, misinformation and where applicants fell within the schedule were not taken into account, which could also be improved by staff efficiency.
Ms. Smith stated that there was no increase in the timeline of the process as staff was already heavily involved in the presentations to the Development Review Board.
Mayor Loomis opened the floor for public comment.
Paul Parisi, an Oro Valley resident and representative of the Tucson Metropolitan Chamber of Commerce, commended the Council for considering this direction and stated that Options C and D would have the greatest significance.
BIll Adler, an Oro Valley resident, commented that most of the decisions made by DRB members were being made intuitively based upon feelings and not facts. He stated that determinations should be made based on adopted regulations and policies and until that is done, all Boards should be suspended with decisions made by staff rather than by citizens.
Discussion followed confirming that items brought to DRB were already reviewed and technically readied by staff for the Board. Paul Popelka, Acting Planning & Zoning Director, stated that Option C allowed for more complex or political items to go forward for public vetting through Council meeting process. It was also noted that the landscape and architecture plans were split up years ago so that contractors could move forward without being jammed up in one plan, but that staff could combine these once again to improve efficiency.
Dialogue continued regarding the DRB being suspended with criteria left in the Town Code for the Board to be active only when necessary for a major expansion or annexation as part of the planning process; that if the DRB was disbanded, an hoc committee could be formed at any time to assist with expansion review; and that Option B reflected architecture review only with the same time frame and function as the DRB currently provides.
MOTION: A motion was made by Councilmember Gillaspie and seconded by Vice Mayor Garner to direct staff to move forward using Options A, B, C and D as proposed and that staff conduct public meetings with Option C offered as the preferred solution and develop an action and implementation plan with the consolidated findings and return to Council by the first meeting in September (not precluding any study sessions).
Option A
This option retains all current processes with no changes.
Option B
The powers and duties of the DRB would be amended to focus solely on the review of architecture submittals. The Development Review Board would be renamed to Design Review Board. Staff would assume all other recommendation & approval responsibilities formerly reviewed by DRB. Final approvals for these submittals remain with Town Council.
Option C
Staff would assume all recommendation & approval responsibilities, including architecture, that were formerly reviewed by DRB. The Town Council would disband the Development Review Board. Final approvals for these submittals remain with Town Council.
This option may reduce overall review and approval process time by 4-6 weeks for particular types of submittals.
Option D
Staff would assume all development recommendations & approval responsibilities allowed by State statute, including development plans, preliminary plats, landscape plans, parking analysis, architecture, signage, grading exceptions, communications facilities, and time extensions. The Town Council would disband the Development Review Board.
This option may reduce overall review and approval process time by 4-11 weeks for particular types of submittals.
MOTION carried, 6-0.
Town Clerk Kathi Cuvelier reviewed the town code regarding the replacement of a Council member that had resigned during their term.
MOTION: A motion was made by Vice Mayor Garner and seconded by Councilmember Gillaspie to accept the resignation of Councilmember Salette Latas and to direct the Town Clerk to accept applications from residents interested in being appointed to the unexpired portion of her Council term beginning on May 1, 2010, through May 19, 2010, for consideration by the Mayor and Council on June 2, 2010.
MOTION carried, 6-0.
Interim Town Manager Jerene Watson presented the recommended budget for FY2010/11 and commented that it was a balanced budget without contingency use and with 13% reductions for the year.
Finance Director Stacey Lemos presented a preview of the budget and how the town helped to close the projected $1.8 million dollar deficit in the general fund which included -
~ bond defeasance
~ maintained hiring freeze and reorganization
~ streamlined budget for cost savings and efficiencies
Ms. Lemos stated that the FY 2010/11 budget was decreased by $10.9 million dollars compared to the previous year's budget, and that the general funds proposed budget was balanced with revenues of about $25.7 million dollars and expenditures of $25.7 million dollars with no use of contingency reserves for either one-time occurring or non-recurring one time costs.
Ms. Lemos also stated that direction was given to departments to look at reductions ranging from 3-5% off the FY2009/10 year actual expenditures depending on their size, and many of them exceeded those guidelines.
Ms. Lemos then reviewed the General Fund revenue and expenditure highlights, Highway Fund highlights, the proposed Capital Improvement Plan, items excluded in the proposed budget and key budget calendar dates.
Discussion followed regarding the 8% health insurance premium increase and that the town had been working through its current broker to look at various new options and remaining with the same carrier.
The timeline for adopting the tentative and final budget was discussed because of the upcoming election and it was noted that flexibility could be shown to allow for new councilmembers to take office.
Finance Director Lemos commented that after the cash reserves were used to pay off the bond defeasance there would be approximately $10.9 million dollars in the general fund contingencies, about 41% of FY10/11 expenditures in the general fund.
MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Carter to adjourn at 8:05 p.m.
MOTION carried, 6-0.