MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
April 6, 2011
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
REGULAR SESSION AT OR AFTER 5:00 PM

CALL TO ORDER

Mayor Hiremath called the meeting to order at 5:01 p.m.

ROLL CALL

PRESENT:
Satish Hiremath, Mayor
Mary Snider, Vice Mayor
Bill Garner, Councilmember
Joe Hornat, Councilmember
Steve Solomon, Councilmember
Lou Waters, Councilmember

ABSENT: Barry Gillaspie, Councilmember

EXECUTIVE SESSION AT OR AFTER 5:00 PM 

MOTION:  A motion was made by Vice Mayor Snider and seconded by Councilmember Waters to go into Executive Session at 5:01 p.m. for the purpose of receiving legal advice regarding outside employment of Town employees pursuant to ARS 38-431.03(A)(3) and for discussion or consultation with the Town Attorney with regard to the Town of Oro Valley v. Vestar Development et. al. litigation pursuant to ARS 38-431.03(A)(4).

MOTION carried, 6-0 with Councilmember Gillaspie absent. 

Mayor Hiremath stated that the following staff members would join Council in both Executive Sessions:  Town Manager Jerene Watson, Assistant Town Manager Greg Caton, Town Attorney Tobin Rosen, and Town Clerk Julie Bower.  Human Resources Director Betty Dickens would join Council in the Executive Session regarding outside employment and the Water Utilities Director Philip Saletta would join Council in the Executive Session pertaining to Vestar Development litigation.    

RESUME REGULAR SESSION AT OR AFTER 6:00 PM

CALL TO ORDER

Mayor Hiremath called the meeting to order at 6:01 p.m.

ROLL CALL

PRESENT:
Satish Hiremath, Mayor
Mary Snider, Vice Mayor
Bill Garner, Councilmember
Barry Gillaspie, Councilmember
Joe Hornat, Councilmember
Steve Solomon, Councilmember
Lou Waters, Councilmember

PLEDGE OF ALLEGIANCE

Mayor Hiremath led the audience in the Pledge of Allegiance.

UPCOMING MEETING ANNOUNCEMENTS

Assistant Town Manager Greg Caton announced the upcoming Town meetings.

COUNCIL REPORTS

Councilmember Waters reported that realtors and brokers expressed their appreciation for having the Real Estate Sign Code matter settled in a civil and respectful manner.   

Vice Mayor Snider reported that this past week, Councilmember’s attended their first dinner at Harvest restaurant to kick off the "Dine Out Oro Valley" campaign.  Once a month, Council would select a restaurant at random to dine at.  She clarified that Councilmembers would pay out of their own pockets for the meals.

Councilmember Garner reported that Vice Mayor Snider, Councilmember Hornat, Police Chief Danny Sharp, Water Utility Director Philip Saletta, and himself attended Zev Cywan’s tree dedication on Saturday at Riverfront Park.  The event went extremely well and was very well organized by Town Staff.

Councilmember Solomon attended the citizens’ volunteer barbecue for all of the police volunteers this past Saturday.  Since 1997, a total of 166,000 hours of service had been volunteered.

Councilmember Solomon stated that the angel dedication ceremony at James D. Kriegh Park went extremely well and congratulated Town Staff for all of their hard work in coordinating a great event in such a short period of time.

Vice Mayor Snider reported that the Oro Valley Optimist Club and the Oro Valley Police Department partnered for their 3rd annual Drug Awareness Day for fifth graders at James Kriegh Park.

Councilmember Solomon also congratulated Golder Ranch Fire District for their help with unveiling the angel statue at James Kriegh Park.

Mayor Hiremath thanked Parks, Recreation, Cultural Resources & Library Director Ainsley Legner and Assistant Town Manager Greg Caton for an excellent job with coordinating the angel dedication event.  The level of cooperation throughout departments was phenomenal.

DEPARTMENT REPORTS

Parks, Recreation, Cultural Resources & Library Director Ainsley Legner announced that the regional Ironkids event would take place Saturday at James D. Kriegh Park.  Ms. Legner introduced the National Ironkids Director Michelle Payette.

Town Clerk Julie Bower announced that the artwork on display in the Council Chambers was created by artist Christine Lytwynczuk.

ORDER OF BUSINESS

Mayor Hiremath announced that item number three (3) would be discussed after item five (5).

INFORMATIONAL ITEMS

1.

Staff Recognition Letters


Staff Recognition Letters

2.

DIS Customer Feedback Forms


DIS Customer Feedback Forms

3.

Agency Letters of Appreciation


Appreciation Letters 032311

CALL TO AUDIENCE

Oro Valley resident Donald Bristow encouraged the Council to discuss A-frames soon.  He felt that A-frames were aesthetically displeasing and should be prohibited.  The use of A-frames didn’t help to deliver additional sales tax revenue.  He urged the Council to follow the reasonable directions provided by the residents and accept the facts even if they didn’t support one’s own agenda.

Oro Valley resident Ben Baker, representing the Oro Valley American Legion Post #132, invited the Council to see what the Post was proposing to help develop within the town.  The Oro Valley American Legion Post was willing and able to raise funds in the six figures in order to assist with town projects.  He also extended an invitation to the Council, Staff and community to attend a breakfast at the American Legion Post #109 on Saturday morning at 9:30 a.m. 

Town Clerk Julie Bower noted that written comments were received from Oro Valley resident Bill Adler and the comments would be made part of the record.

Mr. Adler indicated that a Community of Excellence serviced the needs of the Community as a whole; not just the majority; not just the obligations of the many, but of everyone.

PRESENTATIONS

1.

Presentation of Certificates of Appreciation to the Public Advisory Committee for their work on successfully completing the Environmentally Sensitive Lands project


Mayor Hiremath presented certificates of appreciation to Bill Adler, Don Chatfield, Susan Simms, Steve Taley, Philip Kline, Doug McKee, and Councilmember Steve Solomon.

Councilmember Solomon said that the ESL public advisory committee had met roughly 34 times within a year in order to derive the final product.  He thanked Planning Manager David Williams and Construction/Sustainability Manager Bayer Vella for spearheading and guiding the entire ESL process.

2.

Presentation by Helen Dankwerth on behalf of the Friends of the Library


Ms. Dankwerth presented a check to Mayor Hiremath in the amount of $15,000.  She hoped that the Council would continue to consider funding the library next year.

CONSENT AGENDA

Councilmember Hornat requested that items (H) and (J) be pulled from the Consent Agenda and discussed separately.

Councilmember Garner requested that items (K) and (L) be pulled from the Consent Agenda and discussed separately.

A.

Minutes - February 16, 2011 Town Council Meeting


February 16, 2011 Council Minutes

B.

Development & Infrastructure Services Department - Permitting Division - January 2011 Reports


Activity Report

Customer Chart

Permit Activity

Plan Review

Inspection Activity

Revenue chart

C.

Development & Infrastructure Services Department Permitting Division - February 2011 Reports


Activity Report

Customer Chart

Permit Activity

Plan Review

Inspection Activity

Revenue chart

D.

Transit Division Monthly Report - February 2011


February 2011 Monthly Report Transit

E.

Consideration of acceptance of the Oro Valley Water Utility Commission Annual Report dated April, 2011


2011 WUC Annual Report

F.

Council approval of market adjustments for two job classifications both lagging by greater than 25% of market


G.

Resolution No. (R)11-18 Authorizing and Approving a Line Extension Agreement for Construction of Protected Water Facilities Under Private Contract Between the Town of Oro Valley and The Shoppes at Oracle Road, LLC


Reso 11-18

Exhibit A - Line Extension Agreement

I.

Resolution No. (R)11-20 Authorizing and approving a License Agreement between the Town of Oro Valley and Michael J. and Karen M. Duellman for the installation and maintenance of landscaping on Town owned property located at Sun City Vistoso Unit 12, Lot 277, Parcel Number 223-01-8240


Reso 11-20

License Agreement

Legal Description

Map

MOTION:  A motion was made by Councilmember Garner and seconded by Councilmember Hornat to approve the Consent Agenda with the exclusion of items (H), (J), (K), and (L).

MOTION carried, 7-0. 

H.

Resolution No. (R)11-19 Authorizing and Approving a Temporary Lease Agreement between the Town of Oro Valley and EC Tenant Corporation for Storage and Staging of Materials and Equipment


Reso 11-19

Exhibit A - Lease Agreement

Exhibit B - Map

Councilmember Hornat asked who would be responsible for payment if the area was damaged.

Water Utility Director Philip Saletta clarified that if staff damaged the area, the Town would pay for the repair costs, if there were other damages related to vandalism etc, the Town would not have to pay.

MOTION:  A motion was made by Councilmember Hornat and seconded by Councilmember Waters to approve Resolution No. (R)11-19, authorizing and approving a temporary lease agreement between the Town of Oro Valley and EC Tenant Corporation for storage and staging of materials and equipment.

MOTION carried, 7-0. 

J.

Resolution No. (R)11-21 Authorizing and Approving an Employment Agreement for the Town Magistrate, George Dunscomb


Reso 11-21

Magistrate Agreement

Commission on Conduct

Magistrate Court Survey

Councilmember Hornat asked whether or not the Town would be obligated to pay the remainder of the Town Magistrate's salary if he was released from employment for any reason other than cause. 

Town Attorney Tobin Rosen clarified that in the event that the Magistrate was terminated, which would have to be for cause under state law, his salary would cease at that time.

MOTION:  A motion was made by Councilmember Hornat and seconded by Vice Mayor Snider to approve Resolution No. (R)11-21, authorizing and approving an employment agreement for the Town Magistrate, George Dunscomb.

MOTION carried, 7-0. 

K.

Council Approval for In-Kind Support from the Town of Oro Valley for the Arizona Distance Classic


AZ Distance Classic Economic Impact Statement

Email from Gregg Forszt including Estimated Economic Impact

L.

Council Approval for Tucson Sports’ Request for In-Kind Support from the Town of Oro Valley for the IronKids National Triathlon Series and National Duathlon Championships from USA Triathlon


Tucson Sports’ Request for In-kind Support

Councilmember Garner pulled items (K) and (L) because of the economic development impacts that these types of events had on the Town.  He requested that a follow up or action report be submitted to the Town in order to receive a more accurate economic impact of the event. 

Economic Development Manager Amanda Jacobs stated that there currently was no provision in the Special Events Policy that required event organizers to submit an action report after the special event ended.

Councilmember Hornat agreed that a post event report would be advantageous so that the Council would be made aware of the actual economic impact that these events had on the Town so that Council could continue to support such events in the future. 

MOTION:  A motion was made by Councilmember Garner and seconded by Councilmember Waters to approve items (K) and (L).

Oro Valley resident John Musolf approved of items (K) and (L) but inquired as to why item (K) was listed on an agenda after the event took place.  These items should be placed on an agenda before the event takes place.

MOTION carried, 7-0.   

REGULAR AGENDA

1.

PUBLIC HEARING - DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR PICAZZO’S ORGANIC ITALIAN KITCHEN LOCATED AT 7850 N. ORACLE ROAD


Picazzo’s Liquor License

Town Clerk Julie Bower gave an overview of the series 12 liquor license for Picazzo's Organic Italian Kitchen.

Mayor Hiremath opened the public hearing.

No comments were received.

Mayor Hiremath closed the public hearing. 

MOTION:  A motion was made by Vice Mayor Snider and seconded by Councilmember Waters to recommend approval of the issuance of the series 12 liquor license to the Arizona Department of Liquor Licenses and Control for Therese Morse at Picazzo’s Organic Italian Kitchen located at 7850 N. Oracle Road.

MOTION carried, 7-0.  

2.

POSSIBLE DIRECTION TO TOWN ATTORNEY WITH REGARD TO THE TOWN OF ORO VALLEY v. VESTAR DEVELOPMENT ET. AL. LITIGATION


MOTION:  A motion was made by Councilmember Hornat and seconded by Councilmember Waters to direct the Town Attorney to proceed as discussed in Executive Session with regards to the case of the Town of Oro Valley v. Vestar Development ET. AL. litigation.

MOTION carried, 7-0.

4.

DISCUSSION AND POSSIBLE ACTION REGARDING A VOLUNTARY RETIREMENT PLAN OFFERING TO ELIGIBLE TOWN EMPLOYEES (UPDATED ON 4/1/11)


Town Manager Jerene Watson said that the town had been doing their due diligence with researching this item for the past two months.  A teleconference was held today with the Arizona State Retirement System at which time the town was made aware of information that would impact this item.  Ms. Watson requested that this item be tabled and brought back before Council only if it proved to be advantageous.

Ms. Watson stated that the town had seen twenty-seven straight months of declining sales revenue.  The town was seeing decreases in historic proportions.  The town was back at FY 05-06 revenue and spending levels.  Revenues had shrunk by six million dollars which equated to twenty percent of the Town’s operating budget.  The workforce had shrunk by forty-six (46) employees or 13% of the workforce.  What was going to be presented tonight was an effort to allow a capacity to come into the budget and present some possible options for additional revenue capacity in out years because it would be recurring.  However, the town understood that it’s not likely that the savings would be as significant as previously thought.

MOTION:  A motion was made by Vice Mayor Snider and seconded by Councilmember Hornat to table item number four (4) and allow the Town Manager to bring forth the item upon the conclusion of her findings.

MOTION carried, 7-0.

5.

DISCUSSION AND POSSIBLE ACTION BY THE TOWN COUNCIL AUTHORIZING A COUNCILMEMBER LIAISON TO BE PRESENT AT MEETINGS AND INFORMED OF COMMUNICATIONS OR DISCUSSIONS REGARDING NEGOTIATIONS OVER THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN AND PUBLIC SAFETY EMPLOYEES


Town Code Article 4-1

Ordinance No. (O) 99-34

Town Attorney Tobin Rosen gave an overview of agenda item number five (5) and stated that at the February 23, 2011 Town Council Study Session, the Council directed staff to bring forward for discussion, a policy where the Council could appoint one or more members of the Council to be present during negotiations with the Public Safety group during negotiations which occured on an annual basis.  The Memorandum of Understanding (MOU) was negotiated pursuant to the Town’s meet and confer ordinance found in section 4-1-8 of the Oro Valley Town Code.  There was nothing in the ordinance that would prohibit Town Council participation in the negotiations or discussions.  In its current form, the ordinance did not call directly for Council participation but rather had the public safety negotiations group meeting with a management group and then presenting an MOU to the Council for consideration and action.  However, there was nothing in the ordinance itself that would prohibit the Council from designating one or more members as a liaison to the MOU negotiations.      

Councilmember Hornat said the intent was not to be a negotiator but rather have a Councilmember in the room to hear both sides.  The liaison would listen to both sides and would not participate in negotiations.

Councilmember Garner felt that it would set a bad precedence and it would politicize the whole activity.  Since Council would become the arbitrator for any impasses during the negotiations, the liaison should not participate or cast any votes regarding the MOU since they would be privy to information and discussions that the rest of the Council would not be.

Councilmember Solomon felt that it would be irresponsible for Council not to be present during the negotiations as a neutral observer.

Councilmember Waters felt that there was no purpose in having a liaison present at the MOU negotiations since Council okayed the committee that conducted these negotiations.

Vice Mayor Snider clarified that the liaison would strictly be used for MOU issues, not all police matters.  Councilmember’s had been present during MOU negotiations in the past.  The liaison would not speak or offer any input.

Councilmember Gillaspie stated that a Council liaison to MOU negotiations would undermine the management team and influence the discussions.  If there was an impasse, he would expect the union members and management to come before Council and discuss the impasse. 

Mayor Hiremath said that the scope of discussions changed when a Councilmember was present in the room and it would undermine the political process.  He noted that the Town of Marana did not have a Council liaison present at MOU negotiations.

Oro Valley resident Don Bristow felt that there was no need for the activity and it would defy the element of trust within groups.

No vote was taken.

3.

DISCUSSION AND POSSIBLE ACTION REGARDING THE ORO VALLEY MUNICIPAL POOL FEASIBILITY STUDY


Pool Feasibility Study

Aquatics Manager Catherine Atalla introduced Ken Ballard, President of Ballard-King & Associates, Ltd and Doug Whiteaker, President of Water Technology Inc.

Mr. Ballard said that a market analysis was first completed in order to see who the pool was currently serving in order to determine opportunities for the future.  The three service areas that were analyzed were:  Town, Secondary Service Area, and Tertiary Service Area.
 
Mr. Ballard discussed other providers who had aquatic services in the area.  These other providers included:  City of Tucson, Pima County, Town of Marana, non-profit pools and private aquatic facilities.

Mr. Ballard highlighted possible opportunities for the Oro Valley pool which included:

-Only two other 50-meter pools in the area
-Existing pools did not have a strong recreational orientation
-HOA pools serve different markets
-A high performance competitive pool would give Oro Valley a strong identity
-There was a market for visitors and second homeowners

Mr. Ballard discussed possible constraints which included:

-The number of conventional pools in the area
-Easy access to a variety of aquatic facilities
-Existing facilities had very low fees
-Swim teams were paying low fees
-Expense of a high performance competitive pool
-50-meter pools required a substantial operating subsidy
-The limited number of swim meets

The study also included an aquatic event analysis which listed types of events that Oro Valley could attract either with the existing pool or with improvements to the pool.  The aquatic event analysis included:

-Exploration of a world class aquatic event venue
-Regional and state meets were realistic
-Hosting 2-3 such events a year was possible
-These events would have a positive economic impact on the community

As part of the municipal pool study, input was received from Town Council interviews, Town Staff interviews and focus groups which consisted of current facility users from the competitive side as well as users from the recreational/program side.    

The market/current users of the pool consisted of:

-Regional orientation
-Lacked a recreational appeal
-Greatest year round users were swim teams
-There were a variety of program offerings
-A number of swim meets were currently held
-The pool was used by a variety of age groups but mostly youth
-Difficult to support competitive swimming, programming and recreational swimming at the same site 

Mr. Whiteaker gave an overview of the physical condition of the pool.  He reported that overall, the pool had been very well maintained by staff.

-The mechanical system was in good condition
-The tank was in good condition but was too shallow at one end
-The wading pool was not viable
-The single tank required a single water temperature
-The greatest issues were with the support amenities
-Competitive swimming had a number of issues
-Was a perception of inadequate parking

Mr. Ballard noted that the pool was forty (40) years old but was still functional and would not have to be completely redone.  The assessment also looked at the pool operations and concluded:

-Low cost recovery
-Very little promotion or marketing
-Controlling costs had resulted in limited hours and services
-Utilized Ellis Lifeguard training program
-External programs paid only 20% of revenues to the pool
-There was a demand for more lanes during high use times
-Pool must balance the aquatic needs of the community

Mr. Ballard discussed possible future directions of the pool which consisted of:

-Who should the pool serve?  Local or regional?
-How important was increasing the cost recovery level?
-A world class competitive pool would require a significant capital investment
-A world class competitive pool would likely increase the operational subsidy which would require an equity partner
-Regional and national swim meets would be difficult to attract, would not be a revenue producer but would provide a strong economic impact
-Basic improvements to the facility were necessary and fees needed to be increased

Mr. Whiteaker discussed the recommended Phase I improvements which included:

-Locker room renovations
-Pool check-in relocation
-Expansion of the pool fence
-Improved lighting
-Removal of the kid’s pool and the addition of a splash pad
-Improved and expanded pool deck
-Add shade and furniture
-Improved pool gutters and depth

Mr. Whiteaker discussed the recommended Phase II improvements which included major upgrades & significant increases in attraction value:

-Assumed all of phase I was accomplished
-New changing facility
-New recreational pool
-More shade structures
-Additional deck furniture

Mr. Whiteaker noted that upon completion of Phase II improvements, the Town could conduct a competitive swimming meet and not have to close the swimming pool down for the rest of the community.  

Phase III recommended improvements would expand the competitive venue.  These improvements included:

-Assumed that phases I & II were accomplished
-New 6 lane x 25 yard lap pool
-Drop slide added to this pool
-Additional seating for the competitive pool
-Timing system and scoreboard installation
-New shade structures

Phase I would take approximately 2-3 months to design, 3-4 months to build and would cost approximately $1,999,680. 

Phase II would take approximately 3-4 months to design, 4-6 months to build and would cost approximately $2,994,807.
 
Phase III would take approximately 2-3 months to design, 3-4 months to build and would cost approximately $1,200,364.

The total for all three phases was $6,194,851.

Mr. Ballard stated that in addition to the capital costs, the study also looked at the operational implications of the three phases.  Phase I would produce a revenue of approximately $13,295.  Phase II would produce a revenue of approximately $8,971 and Phase III would produce an expense of approximately $117,150.  If all three phases were implemented, a net cost to the Town of approximately $94,884 would be realized.   

An economic impact analysis was also calculated as part of the study.  Phase I would produce approximately $111,490; Phase II would produce approximately $375,440; and Phase III would produce approximately $2,386,160 in economic dollars spent in the area.

Mr. Ballard discussed possible capital and operations funding which consisted of partnerships, fundraising, grants/endowments, naming rights and Town funds.

Mayor Hiremath inquired how much cost was recovered by current fees.

Mr. Ballard replied that in general, pools that had one large conventional body of water usually did not have a high cost recovery and also, the current pool fees were low which was typical for pools in Arizona.

Mayor Hiremath left the meeting at 7:20 p.m.

Councilmember Waters congratulated Mr. Ballard and Mr. Whiteaker on an excellent study and asked whether or not if the improvements were made; would there be a demand for the renovated pool?

Mr. Ballard replied that the Town would have to market the pool in order to bring in more users, especially to bring in major competitive swimming events.

Councilmember Garner asked what it would cost to replace the pool with a comparable pool in today’s dollars.

Mr. Whiteaker stated that to replace the current pool, it would cost approximately $3.5 to $4.2 million dollars.

Councilmember Garner was looking for a blending of the phases.  He wanted to see a level of comfort where families could bring their kids to a safe environment. He would also like to see the locker rooms renovated in phase I and eliminate some of the add-ons such as a kid’s pool area.  As revenue started to increase, then the extra amenities such as a splash pad could be built.

Mr. Whiteaker stated that there was a blending of the phases such as during the recommended removal of the wading pool, there would be a family recreational amenity available for use.  This would provide a blend between recreational/family users and the high-end competitive users. 

Councilmember Hornat asked what costs were currently not recovered by the pool.

Mr. Ballard stated that in the FY 09/10, the loss was approximately $400,000.

Councilmember Hornat asked how much would the annual loss be reduced by if the phase I improvements were made.

Mr. Ballard stated that with the phase I improvements, there would be an increase of approximately $13,295 on the operational side.  The indirect economic impact from completing phase I would be approximately $111,490.    

Councilmember Solomon said it was unfortunate that the item was being discussed at this time in light of the current budget deficit.  It was important to take a step back and determine what the function of the pool was and what was the Town's role in operating and maintaining the pool.  There seem to be a bias toward swim teams for generating revenue.  The number of years it would take to recoup the costs of the improvements would be enormous. 

Councilmember Waters said that the municipal pool study was intended to explore an economic engine generated by the pool for the enhancement of recreational activities in Oro Valley.  In order to attract visitors to the community, there must be things for them to come and see. 

Councilmember Gillaspie commended Mr. Ballard and Mr. Whiteaker on a great study and presentation.  He felt that in order to make things happen, money had to be spent.  Even though the pool was not a source of revenue, it could be utilized as an economic development engine for small businesses in Oro Valley.  He also felt that if the pool had a splash pad or other amenities, it would help draw more families and children to the pool. 

Councilmember Garner stated that swimming ranked fourth in the nation and third in Oro Valley and surpassed baseball, softball, running, etc.  He would like to market the pool by leveraging the expertise of Olympic swimmer Nancy Neimeyer.

MOTION:  A motion was made by Councilmember Gillaspie and seconded by Councilmember Waters to accept the municipal pool feasibility study.

MOTION carried, 6-0 with Mayor Hiremath absent.

FUTURE AGENDA ITEMS

Councilmember Garner directed staff to bring back a proposal that would enhance the current Special Event permitting process by requiring an after action report so that Council was made aware of the economic impact of the Special Event, seconded by Councilmember Gillaspie.

CALL TO AUDIENCE

No comments were received.

ADJOURNMENT

MOTION:  A motion was made by Councilmember Waters and seconded by Councilmember Gillaspie to adjourn the meeting at 7:43 p.m.