MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
June 15, 2011
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
REGULAR SESSION

CALL TO ORDER - 4:57 PM

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

EXECUTIVE SESSION

MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Waters to go into Executive Session for the following purpose:
 
Pursuant to ARS 38-431.03 (A)(3) for discussion and consultation for legal advice relating to a potential amendment to the employment agreement between the Town and Town Manager Jerene Watson.

MOTION carried, 7-0.

Mayor Hiremath announced that in addition to the Town Council, the Town Attorney, Town Clerk, and Human Resources Director wold be present in Executive Session, and reserved the right to call the Assistant Town Manager if necessary.

RESUME REGULAR SESSION

CALL TO ORDER - 6:00 PM

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

Mayor Hiremath asked new Golder Ranch Fire Marshall William Loesche to the podium.  Mr. Loesche announced that the room was limited to 158 occupants, and that all exit doors and aisles were to be unobstructed.

PLEDGE OF ALLEGIANCE

Mayor Hiremath led the audience in the Pledge of Allegiance.

Mayor Hiremath then asked for a show of hands of audience members in attendance from St. Mark Church.

UPCOMING MEETING ANNOUNCEMENTS

Acting Town Manager Greg Caton reviewed the upcoming meetings and events.

COUNCIL REPORTS

Councilmember Gillaspie announced that staff had attended the 2011 Transforming Local Government Conference and received an Outstanding Achievement in Local Governments Innovation award for the recently installed solar panels and energy conservation project.  He noted that the project was financed through grants, rebates, bonds, general funds and guaranteed energy savings, and would cut costs for the Town by up to $250,000 per year.  

Councilmember Waters reported that he and the Mayor had attended the American Cancer Society’s Relay for Life event that was held in Oro Valley on April 30, 2011.  He stated that their goal was to raise $65,000 dollars for cancer research, and as of June 14, 2011 they were up to $72,000 dollars.       

Mayor Hiremath stated that he had given opening remarks during the 27th Annual Policia Internacional Sonora-Arizona Conference and that their focus was on inter-relationships between the United States and Mexico.

Councilmember Gillaspie thanked the staff that had participated in the Pima Community College golf tournament that had benefitted the Gabe Zimmerman Endowment Fund.  

DEPARTMENT REPORTS

Parks, Recreation, Library and Cultural Resources Director Ainsley Legner announced that Oro Valley was the first place winner inr the Keg’s Thanks a Million $25,000 dollar grant for accessible handicapped playground equipment at James D. Kriegh Park.  She noted that the Town would be officially be notified the next day, and that a formal announcement would take place on June 29th.     

Town Clerk Julie Bower announced that the new artist featured in the Council Chambers was named Wilberta Moulthroup from Tucson.

Economic Development Manager Amanda Jacobs presented the new recreation brochure that Oro Valley and the Town of Marana had created together.

ORDER OF BUSINESS

Mayor Hiremath reordered the items on the agenda as follows:

-  Full Consent Agenda (minus item C)
-  Regular Agenda item #3
-  Regular Agenda item #6
-  Consent Agenda item C
-  Regular Agenda items #1, #2, #4, and #7

INFORMATIONAL ITEMS

1.

DIS Customer Feedback Forms


DIS Customer Feedback Forms

CALL TO AUDIENCE

Chief Karrer from Golder Ranch Fire District introduced new Fire Marshall William Loesche from Sedona.  The Chief explained that Golder Ranch had been called to a fire in the Copper Creek area that was of special concern because it was caused by unregulated fireworks, and asked the Council to work with the Fire District in creating an ordinance that would limit the use of consumer fireworks.         

John Anderson, an Oro Valley resident, thanked the Council for all of their work and commented that issues should be worked out without a recall.

Lyra Done, Oro Valley resident, thanked Police Chief Sharp and Officer Sloane of the Oro Valley Community Resource Unit and explained that community policing was important to businesses and to the community.

Nancy Young-Wright, Oro Valley resident, thanked Town Engineer Craig Civalier for the funding he obtained from the Regional Transportation Authority to have a bike path installed along Calle Concordia and praised Mr. Civalier and Development and Infrastructure Services Engineering Division Manager Jose Rodriguez for their attention to detail on the project.

PRESENTATIONS

1.

Presentation of Plaques of Appreciation to the members of the Development Review Board for their service


Mayor Hiremath presented plaques to the following members that served on the Development Review Board:

 - Richard Luckett
 - Mike Schoeppach
 - Ray Shelton
 - Eugene Wowk

2.

Presentation of Plaques of Appreciation to the Art Review Commission for their service


Mayor Hiremath presented plaques to the following members that served on the Art Review Commission:

 - Anthony Bayne
 - Connie Gullman
 - Gail Munden
 - Wendy Timm

Mayor Hiremath also thanked the following members that were not in attendance:

 - Steve Hagedorn - Art Review Commission
 - Matt Moutafis - Art Review Commission
 - Dennis Ottley - Development Review Board

CONSENT AGENDA

Consent items D, E, G, H, and N were pulled at the request of Council. 

A.

Fiscal Year 2010/11 Financial Update Through April 2011


Attachment A - Summary

Attachment B - Gen Fund

Attachment C - Highway Fund

Attachment D - Bed Tax Fund

Attachment E - Transit Fund

Attachment F - Dashboard 1 of 2

Attachment F - Dashboard 2 of 2

B.

Development & Infrastructure Services Department - Permitting Division, April 2011 Reports


Activity Report

Customer Chart

Permit Activity

Plan Review

Inspection Activity

Revenue chart

F.

Council Approval to add an Estimated Economic Impact Form to the Special Events Process


Estimated Economic Impact Form

Ordinance - Special Events Policy

Special Events Operational Guidelines

I.

Resolution No. (R)11-38, Approving the granting of a water utility easement to the Town of Oro Valley from BASIS Oro Valley, BASIS Charter School, Inc. for the purpose of constructing water utility facilities


Reso 11-38

Basis School Easement

J.

Resolution No. (R)11-39 Approving the granting of a water utility easement to the Town of Oro Valley from Evergreen-Steam Pump, L.L.C. for the purpose of constructing water utility facilities


R11-39 Evergreen Steam Pump Easement

Evergreen-Steam Pump easement

K.

Resolution No. (R)11-40, Approving the granting of a water utility easement to the Town of Oro Valley from Midfirst Bank for the purpose of constructing water utility facilities


Reso 11-40

Midfirst Bank easement

L.

Resolution No. (R)11-43, Amending the Town of Oro Valley Personnel Policies and Procedures Manual to Update Policy 10, Attendance and Leaves, Section 3, Personal and Immediate Family Sick Leave, to Provide for Payment of Unused Sick Leave in the Event of the Death of an Employee


Reso 11-43

M.

Resolution No. (R)11-44, Approving a Memorandum of Understanding Between Public Safety Employees and the Town of Oro Valley Pursuant to Chapter 4, Section 4-1-8 of the Town Code, Public Safety Employee Relations And Processes


Reso 11-44

MOU FY 2011-2012

Meet and Confer Ord. 05-44

MOTION: A motion was made by Councilmember Gillaspie and seconded by Vice Mayor Snider approve Consent Agenda items A, B, F, I, J, K. L and M.

MOTION carried, 7-0.

D.

Appointment of Suzanne Marie Bishop to the Parks And Recreation Advisory Board with a term effective through December 31, 2011, and Appointment of Mary Kay Durfee and John F. Hickey to the Parks And Recreation Advisory Board with terms effective through December 31, 2012 (PULLED FOR DISCUSSION BY VICE-MAYOR SNIDER)


Appointment Applications

Vice-Mayor Snider thanked the residents of Oro Valley who gave their time to volunteer and engage in the community. 

MOTION: A motion was made by Vice Mayor Snider and seconded by Councilmember Gillaspie approve Consent item D.

MOTION carried, 7-0.

E.

Appointment of Dean Strandskov to the Historic Preservation Commission with a term effective through December 31, 2012 (PULLED FOR DISCUSSION BY VICE-MAYOR SNIDER)


Application

Vice-Mayor Snider thanked Mr. Strandskov for volunteering his time to the Commission.

MOTION: A motion was made by Vice Mayor Snider and seconded by Councilmember Gillaspie approve Consent item E.

MOTION carried, 7-0.

G.

Resolution No. (R)11-41, Authorizing and Approving a Financial Participation Agreement Between the Town of Oro Valley and the Metropolitan Tucson Convention and Visitors Bureau (MTCVB) (PULLED BY COUNCILMEMBER GARNER)


Reso 11-41

MTCVB FPA

Councilmember Garner stated that he pulled item G and item H because he had not received documentation on the actual reporting and how the Council would receive the reports.  He added that the MTCVB and Tucson Regional Economic Opportunites, Inc. (TREO) reports should be a mirror image of what was in the contracts.

Economic Development Manager Amanda Jacobs reported that the quarterly reports for MTCVB and TREO would stay the same through the end of the FY2010/11, and that the articles the Town received from MTCVB reflected Oro Valley and other cities and towns in Pima County because they were a regional organization.

Councilmember Gillaspie commented that the suggestion in the past was to revise the submittals to match the contracts.  Councilmember Garner added that minimal information was given originally, so he had requested the additional backup materials and feedback.  Councilmember Gillaspie suggested that an Executive Summary be added that referenced key performance indicators.         

H.

Resolution No. (R)11-42, Authorizing and Approving a Financial Participation Agreement Between the Town of Oro Valley and Tucson Regional Economic Opportunities, Inc. (PULLED FOR DISCUSSION BY COUNCILMEMBER GARNER)


Reso 11-42

TREO FPA

MOTION: A motion was made by Vice Mayor Snider and seconded by Councilmember Gillaspie approve items G and H.

MOTION carried, 7-0.

N.

*Rescission of Resolution No. (R)07-55, strongly opposing the proposed Rosemont mine (PULLED FOR DISCUSSION BY COUNCILMEMBER GILLASPIE)


Reso (R)07-55

Mayor Hiremath stated that he would not be allowing blue speaker cards for the consent agenda items.

MOTION: A motion was made by Councilmember Garner and seconded by Councilmember Gillaspie allow blue cards.

Councilmember Solomon stated that the Rosemont Mine issue was outside of the jurisdiction of Oro Valley and questioned whether it was appropriate for the Town to take a position when the Town was not the agency with jurisdiction over the issue.  He added that the issue should not be opened up to the public in light of his comments.

Councilmember Gillaspie responded that the Rosemont Mine was a regional issue and that numerous governments had commented on it.  He added that the issue had sat quietly for four years and was being pushed through as a consent agenda item without public comment.

Councilmember Waters asked why the matter was brought up, what had changed since 2007.  He stated that a final environmental impact statement had not been completed so all the facts were not available to the Council to make any decision.

Councilmember Garner stated that he supported public comment for this item because it had been passed in 2007 by a previous Council through a public hearing, and that the item did not meet the criteria of routine or non-controversial as a Consent Agenda item. 

Councilmember Hornat stated that whether the item was on the consent agenda or on the regular agenda, the issue was an opinion whether or not there was controversy around it.  He felt that the Council was not qualified to make a decision on whether the Mine was good or bad and that the time to make a case was when there was an opportunity to make change, and that was why it was put on the Consent Agenda.  

Mayor Hiremath felt that it would be dangerous to put Oro Valley in a political situation between its own residents and that he was opposed to going further with the issue.  He also mentioned that the previous Council had chosen to align themselves with the County by opposing this issue.    

Mayor Hiremath called the question that allowed speaker cards for consent agenda items. 

MOTION failed, 2-5 with Mayor Hiremath, Vice Mayor Snider, Councilmember Hornat, Councilmember Solomon, and Councilmember Waters opposed.

MOTION: A motion was made by Councilmember Solomon and seconded by Councilmember Hornat rescind Resolution No. (R)07-55 strongly opposing the proposed Rosemont Mine, effectively putting Oro Valley in a non-position of Rosemont Mine.

Councilmember Hornat explained that the intent was to not take a stance on the Rosemont Mine and make a non-statement.

Councilmember Gillaspie stated that his position was to oppose the Rosemont Mine.  He cited revenue lost from visitors to the Coronado National Forest area and impact fees on conservation from water supplies as the main reasons, and declared that water was important to Oro Valley’s sustainable future.   

Vice-Mayor Snider echoed Councilmember Waters' comments that there was not any additional information to make a decision, and stated that she was not ready to take a stand or change the current position.   

Councilmember Garner asked for a show of hands of audience members in attendance for the Rosemont Mine issue.  He stated that there was no public process held because the item was on the Consent Agenda, and that he was opposed to the motion because there was no public input. 

Councilmember Solomon commented that if the Town took no action it was the same as strongly opposing the mine base on information from 2007.

Mayor Hiremath called the question for those in favor of rescinding Resolution No. (R)07-55.

MOTION carried, 4-3 with Vice Mayor Snider, Councilmember Garner, and Councilmember Gillaspie opposed.

REGULAR AGENDA

3.

PUBLIC HEARING: RECONSIDERATION OF THE MAY 4, 2011 APPROVAL OF ORDINANCE NO. (O)11-12, APPROVING A REZONING REQUEST BY ML2 MANAGEMENT, L.L.C. REPRESENTING ST. MARK CHURCH, FOR THE PROPERTY LOCATED AT 2727 W. TANGERINE ROAD FROM R1-144 TO PRIVATE SCHOOL DISTRICT


Ordinance (O)11-12

Att 2 Town Council Report Dated May 4, 2011

Att 3 Site Analysis Booklet

Att 4 P&ZC Report Dated March 1, 2011

Att 5 P&ZC Minutes Dated March 1, 2011

Att 6 Neighbor Issues Summary Table

Principal Planner Chad Daines reviewed the background, previous rezoning proposal, nearby residences and relative scale of building heights to St. Mark Church.  He also recapped the key neighborhood concerns and how those issues were to be mitigated by the applicant, then summarized that the Planning and Zoning Commission and staff recommended approval of the proposal with conditions.  

Councilmember Waters questioned the proposed sanctuary building height and how it would not fit into the current rural setting.  Mr. Daines responded that the height was in compliance with the Tangerine Road Corridor Overlay District and that the proposed floor area ratio was fairly low intense.  

Councilmember Solomon inquired as to why there was a condition that allowed only preschool to Kindergarten-aged children and stated that most churches of that size have an ancillary school on site that utilized the facilities during the week.

Mr. Daines responded that it was a typical use for religious institutions to have a school on site, but that the applicant had self-imposed a stipulation to limit the use to preschool and Kindergarten because of an adjacent neighbor’s concern.

Vice-Mayor Snider commented that she had walked the property and reviewed the plans and hadn't found that the height blocked out any of the neighbors views completely.  She stated that the Tangerine Corridor fell within the control of the State, County and Regional Transportation Authority plans and that the church plans fitted well with the Oro Valley community.

Mayor Hiremath requested the audience to keep their comments concise and to three minutes.  He added that the church property to the south already had an obstructed view, and asked for a buffer zone to the south that was pleasing to those neighbors. 

The applicant’s representative, Mitch Lorenz, gave an overview of the project.  He reiterated that the project was in conformance and compliance with all area regulations, and that all 26 staff conditions for approval had been incorporated into the design. 

Councilmember Solomon mentioned that the item on the agenda was for rezoning approval only, and not for architectural approval which was a separate process through the Conceptual Design Review Board (CDRB).

Councilmember Hornat differentiated that the property had already been rezoned and that the item on the agenda was the height reconsideration.

Town Attorney Tobin Rosen explained that any conditions that the Council would set were for the conditions for the development of the property, but specific conditions would need to be approved by the CDRB.  He added that the height reconsideration item on the agenda technically opened all aspects of the rezoning for reconsideration.       

Mr. Lorenz continued his presentation and said that there were no deed restrictions that limited building height or density when the Braun Family sold their land to the Roman Catholic Diocese of Tucson to build a  church.  He displayed pictures taken from various views along Tangerine Road and of the church with an enhanced landscape.

The project architect, David Beringer, related that his primary purpose was to address the impact on the project and the architecture if the church went from the proposed 35 feet down to 28 feet.  He reviewed the design challenges of:

 - A "Traditional Catholic" design
 - Blend with the natural desert environment
 - Present an inviting image with building angled on-site
 - Emphasis on 4-sided architecture
 - Exterior finish that compliments Southwest style

Mr. Beringer explained the characteristics of a "Traditional Catholic" design and clarified that the most common requests were verticality and height.  He explained that it was normal for churches with 1000-1200+ seating capacity to have a height of 45 - 65 feet and added that no community had ever asked him to build a church that size with less than a 45 foot ceiling height.       

Mr. Beringer summarized the project requests for the proposed architecture and stated that only 1.8% of the roof line was at 45 feet, the future chapel addition was at 28 feet and that the new church was at 28,632 square feet total.  He stated that any height restriction below 35 feet would devastate the project and destroy the "Traditional Catholic" church design, "forced elimination of the clerestory windows or the sloped roof, had a negative effect on the acoustics and sound, and reduced the sense of Sacred Space and proportional space." 

Councilmember Solomon stated that he had voted to reduce the Church to a 28 foot height because he felt that the previous presentation did not have the information that would justify a 35 foot height, but that staff had provided supplemental information on other church’s that had height of 35-45 feet in the area.  He also commented that the site was originally in a rural area, but that the Tangerine Corridor was slated to be a 4-6 lane highway with higher density development.

Councilmember Waters felt that the church was an exquisite piece of architecture that enhanced Oro Valley’s landscape, and that he supported the height requirement.

The applicant concluded his presentation and recapped the neighborhood concerns over the past 18 months that had been addressed or were in the process of being addressed.  The major issues included a full traffic impact analysis that was underway, lighting design limits were met and moving toward dark sky design, south buffer yard depth was increased with enhanced landscape and screen wall.     

Mayor Hiremath opened the public hearing.

The following individuals spoke in favor of the rezoning for St. Mark Catholic Church:
 
 - Phil and Elaine Hernandez, residents of Oro Valley and members of St. Mark Catholic Church
 - Dick Johnson, resident of Oro Valley and member of St. Mark Catholic Church
 - Mark Pincus, resident of Oro Valley and member of St. Mark Catholic Church
 - Scott Leska, resident of Oro Valley and member of St. Mark Catholic Church
 - Liam Leahy, resident of Oro Valley and Pastor of St. Mark Catholic Church (also presented the Council with a petition supporting the architecture as designed with 1,343 signatures)
 - Paul Fisher, resident of Oro Valley

The following individuals spoke in opposition of the rezoning for St. Mark Catholic Church:

 - "Buzz" Braun, resident of Oro Valley
 - Melode Devenport, non-resident
 - Melissa Cooley, resident of Oro Valley
 - Dick Miller, resident of Oro Valley
 - Dennis Devenport, non-resident
 - Sandy Martinez, resident of Oro Valley
 - Bill Adler, resident of Oro Valley

Mayor Hiremath closed the public hearing.

Councilmember Solomon asked staff to clarify what the General Plan stated regarding the Tangerine Corridor. 

Principal Planner Chad Daines stated that the church’s proposed PS (Private Schools) zoning was compliant with the General Plan’s public/semi-public use designation, and that the General Plan had not identified building heights.  Mr. Daines also confirmed that the public/semi-public use was a higher intensity than the rural SR (Suburban Ranch) use.

Mr. Daines confirmed for Councilmember Gillaspie that the total height of any appurtenance above the building height would be 45 feet.

Councilmember Garner acknowledged the letter in response to Mr. Lorenz from Mr. Devenport regarding excavation.  Mr. Lorenz responded that the letter had not specifically mentioned extra excavation.  He stated that the biggest issue with having the finished floor lowered below the floodplain of the adjacent wash was that it caused the building to be at unneccessary risk of flooding and was poor development practice. 

Councilmember Gillaspie asked the staff to respond to the criticism regarding bias on their part.

Mr. Daines stated that staff approached all cases with a neutral eye, and that the proposed rezoning was compliant with both the Town’s General Plan and the Tangerine Road Corridor Overlay District.

Councilmember Solomon remarked that rezoning was under the purview of the Council because balanced use was an important growth issue.  He also stated that St. Mark did an excellent job of showing that the church would not dominate the views and mitigated the impacts.

Vice Mayor Snider inquired about moving the Church 20 feet toward the street and Mr. Daines responded that could be considered at the development plan stage.

 

Suzanne Smith, Director of the Development and Infrastructure Services Department, clarified that the land designation to move the buildings 20 feet could be made during the rezoning or during the development plan stage.  

Councilmember Gillaspie responded that he was reluctant to make a designation because if the the building was moved it could cause problems for the Tangerine Road Corridor Overlay District.  

MOTION: A motion was made by and seconded by to

MOTION carried, 7-0.

Mayor Hiremath recessed the meeting at 8:34 p.m.  The meeting resumed at 8:43 p.m.

6.

**MOTION FOR RECONSIDERATION OF THE JUNE 1, 2011 DENIAL OF RESOLUTION NO. (R)11-37 AUTHORIZING AND APPROVING THE ELIMINATION OF THE TOWN OF ORO VALLEY DEVELOPMENT AND INFRASTRUCTURE SERVICES DEPARTMENT TRANSIT SERVICES DIVISION COYOTE RUN SERVICE


Mayor Hiremath stated that this was not a public hearing but was on the agenda for reconsideration, and that there would be a public hearing if the motion for reconsideration passed. 

Councilmember Waters stated that he supported Councilmember Solomon’s  motion to reconsider because questions were being asked that needed to be answered.  He added that he had solicited questions from Coyote Run passengers and members of the community, and that volunteers had already stepped up to  find solutions.  

Councilmember Garner felt that reconsideration of Coyote Run equated to going back to square one.  He stated that a safety net was in place and funding was identified to continue the beta testing for the betterment of the services to the citizens.

Vice Mayor Snider stated that she would support the reconsideration because citizens had to be comfortable with the change to the Regional Transportation Authority before Coyote Run was eliminated.

Mayor Hiremath related that the beta test could not be rolled out at the same time that Coyote Run was in operation because riders would not choose an unknown service.  He also stated that it was not a conflict of interest that he was Vice-Chair of the Board for the Regional Transportation Authority fecause he was not employed by the RTA. 

Councilmember Solomon commented that funding Coyote Run for one year at a time with money from reserves was unsettling to the users.  He added that meeting with all of the interested parties sooner rather than later allowed the Council to come up with a workable solution and move on to the next step.

Councilmember Waters added that the Council and the community needed to find a solution because of the economic downturn, and that the Arizona Legislature had swept further assessments from local municipalities’ future budgets.

Councilmember Gillaspie noted that gaps had always existed between what Oro Valley offered and what the RTA offered and pledged to keep working on the problem. 

Councilmember Garner agreed that town funding for Coyote Run would have to continue through September and to work to transition to the RTA in six months without another public hearing.  

Charles Glickman, Oro Valley resident, stated that he called the RTA and could not get answers to his questions.  He commented that a Sun Shuttle driver was not able to give him an answer either, and that RTA would need to convince him and others that they were equivalent to the service that Coyote Run delivered. 

MOTION: A motion was made by Councilmember Solomon and seconded by Councilmember Waters reconsideration of the June 1, 2011 denial of Resolution No. (R)11-37 authorizing and approving the elimination of the Town of Oro Valley Development and Infrastructure Services Department Transit Services Division Coyote Run Service.

Vice Mayor Snider asked if the motion outlined that the reconsideration must be done in thirty days, and Mayor Hiremath answered that a date would have to be assigned to the matter.

Mayor Hiremath reiterated that there was a motion and a second on the floor with no timeframe set as to when the reconsideration was coming back to Council and called the question.

MOTION carried, 5-2 with Councilmember Garner and Councilmember Gillaspie opposed.

C.

Cancellation of the July 20th, August 3rd, and August 17th, 2011 regular Town Council Meetings


MOTION: A motion was made by Mayor Hiremath and seconded by Councilmember Hornat pull the July 20, 2011 date from the summer recess calendar and move to cancel the August 3rd and August 17th, 2011 regular Town Council meetings.

Mayor Hiremath called the question on the floor to cancel the August 3rd and August 17th, 2011 regular Town Council meetings.

MOTION carried, 5-2 with Vice Mayor Snider and Councilmember Garner opposed.

1.

PUBLIC HEARING - DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR IZZI’S CAFE LOCATED AT 12985 N. ORACLE ROAD, #165


Liquor License - Izzi’s Cafe

Town Clerk Julie Bower delivered a staff report regarding Mr. Alexander Izzard and reported that no protests were received and that staff had no objections to the approval of the liquor license. 

Mayor Hiremath opened the public hearing.  No comments were received, and Mayor Hiremath closed the public hearing.

Mr. Izzard was present but had no comments for the Council. 

MOTION: A motion was made by Vice Mayor Snider and seconded by Councilmember Waters recommend approval of the issuance of the Series 12 Liquor License to the Arizona Department of Liquor Licenses and Control for Mr. Alexander Izzard for Izzi's Cafe located at 12985 N. Oracle Road #165.

MOTION carried, 7-0.

2.

FINAL PLAT AMENDMENT TO REVISE A REQUIREMENT REGARDING ROOFTOP MECHANICAL EQUIPMENT SCREENING FOR THE MERCADO AT CANADA HILLS, LOCATED IN PROXIMITY TO THE NORTHEAST CORNER OF LA CANADA DRIVE AND LAMBERT LANE


Att 1 Exhibit A - Conditions

Att 2 November 17, 2010 TC Minutes

Att 3 Aerial/wall location

Att 4 Applicant Letter

Att 5 Final Plat

Att 6 Photos

Principal Planner Chad Daines explained that the property owner requested to change the general note to the final plat for the Mercado at Cañada Hills shopping center and reviewed the amendment, map of the property, and views from the East and North.  He also gave the staff analysis which included:

 - Revised note met the intent of Zoning Code criteria and guidelines for screening and mechanical equipment
 - Screening would be provided from most surrounding properties by parapets
 - Staff recommended approval with the following condition, "Roof mounted mechanical equipment shall be screened from La Cañada Drive, on site parking areas and properties to the North by parapet walls and shall be painted to match the rooftop color." 

Councilmember Hornat asked if the revision applied to one building or all buildings on the property, and Mr. Daines replied that the general note applied to all of the buildings as well as any new buildings that were erected.

Councilmember Hornat asked if the current building owners could take down the existing screening in place, and Mr. Daines replied that the revision allowed them to take down any screening devices and paint the mechanical equipment the same rooftop color. 

Councilmember Hornat stated that the resolution for the screening and the intrusion was very specific to particular people, but not uniform to everyone impacted by any future building.  

Councilmember Waters thought that the screening was more invasive than the mechanics themselves, and solicited confirmation regarding the lack of neighborhood objection to the proposal.

Mr. Daines replied that the note came out of a series of neighborhood meetings on the original request, and that the applicant had requested a modification to the language.

Councilmember Garner stated that the original purpose was for the applicant to put up screening (and future neighbors had the expectation of screening materials), so he felt that the applicant should not have the ability to remove the existing screening.  

Vice Mayor Snider stated that the applicant and the neighbors met with the Town and the one neighbor that looked down on the screening had no objection to the screening being removed, as long as it was painted the same roof color.  She added that the screening materials were causing roof leaks.

Councilmember Hornat stated that there was only one neighbor was impacted by the screening and that a compromise had been reached, but he was concerned with the other parts of the buildings, and the removal of unrelating items to the complaint. 

Councilmember Solomon stated that the screening originated from one property to the east who built on a hill, and that the screening caused more of any eyesore than the mechanical equipment they covered.

MOTION: A motion was made by Councilmember Waters and seconded by Vice Mayor Snider to approve OV1203-31F, final plat amendment to revise a requirement for mechanical equipment screening for Mercado at Canada Hills with the conditions in Exhibit A:
 
1.  Roof mounted mechanical equipment shall be screened from La Canada Drive, on site parking areas and properties to the north by parapet walls and should be painted to match the rooftop color.  Revise the final plat general note accordingly.

Councilmember Hornat asked for a friendly amendment to restrict the motion to the one building and let the others follow the Code as designed.

Councilmember Gillaspie suggested that if the motion were passed, the Conceptual Design Review Board could work with the builder on a better design for the new buildings and mitigate Councilmember Hornat’s concerns.

Councilmember Solomon commented further that the Town Code required screening of mechanical equipment, as well as the intent of the new wording in the final plat amendment.  

Councilmember Hornat withdrew his friendly amendment.

MOTION carried, 6-1 with Councilmember Garner opposed.

4.

PUBLIC HEARING - RESOLUTION NO. (R)11-45, APPROVING THE ADOPTION OF THE BUDGET OF THE TOWN OF ORO VALLEY FOR THE FISCAL YEAR 2011-12


Reso 11-45

FY 11-12 Auditor General Forms

5-YR CIP FY 12-FY 16

Finance Director Stacey Lemos stated that the tentative budget was adopted on May 18, 2011 which set the maximum spending limit at $94.2 million and that evening was the second public hearing and final budget approval, as well as consideration of the five-year Capital Improvement Plan.  Ms. Lemos also reminded the Council that after adoption of the final budget, they had the authority to amend the budget throughout the year as they saw fit.  

Ms. Lemos reviewed the change to the final budget, which was the continued use of Coyote Run transit service utilizing bed tax contingency reserves which required an increased transfer of bed tax funds to the general fund, but would not cause an increase to the spending limit set by Council.

Mayor Hiremath opened the public hearing.

Bill Adler, Oro Valley resident, commented on the budget process and requested to have each department determine a clear minimum level of service so that the community understood the impact and consequences of the budget cuts.

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Vice Mayor Snider and seconded by Councilmember Solomon to approve Resolution No. (R)11-45, approving the adoption of the budget of the Town of Oro Valley for the fiscal year 2011-12, and to approve the Town of Oro Valley Capital Improvement Plan for FY 2011/12 through 2015/16.

Councilmember Hornat offered a friendly amendment to remove the Capital Improvement Plan (CIP) from the motion until Council thoroughly reviewed it.

The Finance Director stated that the first year of the Capital Improvement Plan was included in the budget, but not the remaining four years.  She added that it was a common practice to adopt a five-year (CIP) as part of the Town’s financial policies and to show bond rating agencies that Oro Valley was planning ahead.  Ms. Lemos stated that it was not a commitment to the purchases in the out years and that the CIP was updated  annually, but that it was best practice to have a five-year plan adopted by Council.

Councilmember Hornat indicated that there were opportunities in the budget for structural changes and that adjustments needed to be made to further reduce expenditures by another $400,000, which included staffing levels.

Councilmember Garner stated that he would not support the budget until the basic needs of the Town were looked at.

MOTION carried, 5-2 with Councilmember Garner and Councilmember Gillaspie opposed.

7.

DISCUSSION AND POSSIBLE ACTION RELATING TO A POTENTIAL AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND TOWN MANAGER JERENE WATSON


Mayor Hiremath stated that he would not accept blue speaker cards because it was an employee-related matter.

Vice Mayor Snider stated that the action the Council took to place Town Manager Jerene Watson on "paid administrative leave" was not in any fashion intended to be a punitive action and requested to change the terminology.  She added that the Council’s intention was to allow her ample and unrestricted time to transition to her new position in Flagstaff, and also to allow Greg Caton to assume the duties of the Acting Town Manager. 

MOTION: A motion was made by Vice Mayor Snider and seconded by Councilmember Waters to change the wording to "paid transitional leave" (correction in terminology) and to rectify any impression that the Council was being anything but supportive and appreciative of Ms. Watson.

MOTION carried, 7-0.

5.

*CONSIDERATION AND POSSIBLE ACTION REGARDING RESOLUTION NO. (R)07-55, STRONGLY OPPOSING THE PROPOSED ROSEMONT MINE


FUTURE AGENDA ITEMS - No items presented.

CALL TO AUDIENCE

Charles Glickman, Oro Valley resident, commented on his experience with the Regional Transportation Authority and the lack of communication during the transition.

ADJOURNMENT

MOTION: A motion was made by Councilmember Waters and seconded by Councilmember Garner to adjourn the meeting at 9:43 p.m.

MOTION carried, 7-0.