MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
September 7, 2011
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
REGULAR SESSION

1.

CALL TO ORDER


Mayor Hiremath called the meeting to order at 6:00 PM.

1.

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

1.

PLEDGE OF ALLEGIANCE


Boy Scout Troop 222 led the audience in the Pledge of Allegiance.

1.

UPCOMING MEETING ANNOUNCEMENTS


Interim Town Manager Greg Caton reviewed the upcoming meetings.

1.

COUNCIL REPORTS


Councilmember Solomon announced that the Transit subcommittee had met with the Regional Transportation Authority (RTA) and users regarding Coyote Run.  He stated that the most promising option was to subcontract with the RTA and to have the town provide the transportation, drivers, etc.

Vice Mayor Snider reported that several Councilmembers had attended the Arizona Parks and Recreation Association Awards Banquet, and that the town had received a Community award in recognition of the Christina-Taylor Green statue located in James D. Kriegh Park which had been made from World Trade Center materials. 

Councilmember Garner gave an update on a recent federal judge decision that had been made to reinstate the Local Transportation Assistance Fund which had been swept and that the town may see their share of those funds.

Councilmember Waters said that the Lambert Lane speed limit was reduced to 25 mph because of construction. He also stressed that the walkway was closed during construction but was not scheduled for elimination.

1.

DEPARTMENT REPORTS


Town Clerk Julie Bower announced that the artist on display in the Council Chambers was Kathryn Pastryk, an Oro Valley resident who specialized in acrylics and watercolors.

Ms. Bower also announced that the candidate handbooks for the spring 2012 Council election were available to the public.

Development and Infrastructure Services (DIS) Director Suzanne Smith concurred that the multi-use path along Lambert Lane was still in existence during the construction and that a sidewalk would also be added to the North side of the road for pedestrians.  She added that phase I of the pavement management program for the Lambert Lane project went out to bid and that the lowest bidder was about $20K under budget.

Chief Sharp mentioned that the area schools had participated in the annual Shop-with-A-Teacher that afternoon, which was sponsored by the Oro Valley Fraternal Order of Police, and that the Golder Ranch Fire Department (GRFD) had also participated.  He explained that the event was a partnership with Target and that they provided $250 per school to offset classroom expenses.

Councilmember Hornat asked if the Lambert Lane walkway was closed for use, and DIS Director Smith confirmed that it would be closed for the duration of the project, which was about 19 months.

Interim Town Manager Greg Caton conveyed that the town’s home page would be updated frequently with information regarding the Lambert Lane project.

Mr. Caton also introduced the new Communications Administrator, Misti Nowak.

ORDER OF BUSINESS
 
Mayor Hiremath announced that the agenda would stand as posted.

INFORMATIONAL ITEMS

1.

Public Safety Providers Quarterly Reports


Public Safety Providers Quarterly Reports

2.

DIS Customer Feedback Forms


DIS Customer Feedback Forms

CALL TO AUDIENCE

Mary Modaff, a volunteer for Therapeutic Riding of Tucson (TROT), announced that TROT was an organization that used horses for rehabilitation therapy and that they were interested in opening an equine-assisted services facility in Steam Pump Ranch.

Bill Adler, Oro Valley citizen, stated that the General Plan amendments that were going forward provided an opportunity for the Council to spend time with Town staff to understand the five required criteria outlined in the Zoning code for General Plan approval.

PRESENTATIONS

1.

Proclamation Recognizing September 2011 as National Emergency Preparedness Month


National Preparedness Month Proclamation

Mayor Hiremath read the proclamation which recognized September, 2011 as National Emergency Preparedness Month in Oro Valley.

2.

Presentation of National Purchasing Institute (NPI) Achievement of Excellence in Procurement Award to Brian Garrity, C.P.M., CPPB, Procurement Administrator


AEP Award Letter

Mayor Hiremath presented an Achievement of Excellence in Procurement Award  from the National Purchasing Institute to Oro Valley Procurement Administrator Brian Garrity, for the fourth year in a row.

3.

Presentation of Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting to Mary Rallis, CPA, Accounting Supervisor and Linda Ragsdale, CPA, Senior Accountant


Mayor Hiremath presented a Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association to Mary Rallis and Linda Ragsdale in the Oro Valley Finance Department for the Town’s comprehensive annual reporting, which the town received for the 17th year in a row.

Next, Vice Mayor Snider referenced the first proclamation and thanked Dick Tracy, Chairman of the Oro Valley Citizens Corps Council, for his volunteerism and noted that he was the town’s liaison to the County’s Citizen Corp Council as well.

Councilmember Garner referenced information provided in the Informational Items and asked Chief Sullivan for the call breakdown report from the Mountain Vista Fire Department.

CONSENT AGENDA

Consent Agenda items (B), (D), (F), (G), (J) were pulled at the request of Council.

A.

Minutes - April 27, May 4, May 18, June 1, June 15, July 6, July 20 2011


April 27, 2011 Minutes

May 4, 2011 Minutes

May 18, 2011 Minutes

June 1, 2011 Minutes

July 6, 2011 Minutes

July 20, 2011 Minutes

C.

Procurement Division Quarterly Report - April 1, 2011 through June 30, 2011


Q2 2011 Procurement Report

E.

Metropolitan Tucson Convention and Visitors Bureau Quarterly Report: April 1, 2011 - June 30, 2011


MTCVB 4th Quarter Report

MTCVB Back-Up Material

FY2010-11 MTCVB FPA

H.

DIS Transit Division Report - July 2011


DIS-Transit July 2011

I.

Approval of a Final Plat Resubdivision of San Jose Plaza, Lot 4


Attachment 1 - Conditions of Approval

Attachment 2 - Final Plat

K.

Resolution No. (R)11-56 Authorizing and approving a drainage easement acquisition agreement between the Town of Oro Valley and Danny J. and Donna Lynn Hughes for a portion of Parcel 224-27-299B for the Lambert Lane Project between La Canada Drive and Pusch View Lane


Reso 11-56

Exhibit A: Easement Acquisition Agreement

L.

Resolution No. (R)11-57 Authorizing and approving a Slope Easement Acquisition Agreement between the Town of Oro Valley and Frank and Sherry Greth for a portion of Parcel 224-27-2890 for the Lambert Lane Project between La Canada Drive and Pusch View Lane


Reso 11-57

Exhibit A - Easement Acquisition Agreement

M.

Resolution No. (R)11-58 Authorizing and approving a license agreement between the Town of Oro Valley and Evergreen-Steam Pump, L.L.C. for the National Night Out Event


Reso 11-58

NNO Evergreen Agreement

N.

Resolution No. (R)11-59 Authorizing and approving an amendment to the Town Financial and Budgetary Policies, adding a new Section C.5, authorizing signatures on checks


Reso 11-59

MOTION: A motion was made by Mayor Hiremath and seconded by Vice Mayor Snider approve Consent Agenda items (A), (C), (E), (H), (I), (K), (L), (M), and (N).

MOTION carried, 7-0.

B.

Fiscal Year 2010/11 Year-End Financial Update (PULLED FOR DISCUSSION BY COUNCILMEMBER GARNER)


Attachment A - Summary

Attachment B - Gen Fund

Attachment C - HW Fund

Attachment D - Bed Tax Fund

Attachment E - Transit Fund

Attachment F - Dashboard 1 of 2

Attachment F - Dashboard 2 of 2

Attachment G - Summary All Funds

Councilmember Garner noted Attachment B and the astericked energy efficiency upgrades.  He asked the Finance Director how much of the deficit was equated to the Town’s solar project.

Ms. Lemos answered that none of the deficit amounts were attributable to the solar project.  She explained that those amounts were for the energy efficiency upgrades that included a new HVAC unit, light fixture replacements, window films, and other building improvements that were paid for out of the contingency funds.

Councilmember Garner then referenced bullet point two under the General Fund Revenues and noted that the budget came in at 6.6% under, and asked if it had been readjusted monthly.  Ms. Lemos confirmed that her department kept tabs on the Ventana project and tracked those projections accordingly.  She also agreed that a large majority of the deficit included the Ventana project.

Councilmember Garner’s final question was on bullet point three under General Fund Expenditures and he asked for an explanation regarding Attachment B and why the Parks, Recreation, Library, and Cultural Resources (PRLCR) Department went over-budget by 2.4%. 

Ms. Lemos replied that the PRLCR Department went over by $70K because of the replacement of a water line meter at James D. Kriegh Park.  She explained that as a result the meter measured the real water being used.  In addition, there was a larger payout to contractors for the recreation programs.

Councilmember Garner commended the departments that came in at budget and helped the town's bottom line.

Councilmember Solomon thanked all the departments because workloads had increased, customer service feedback was fantastic, and he gave kudos to all the employees.

MOTION: A motion was made by Councilmember Garner and seconded by Councilmember Waters approve Consent Agenda item (B).

MOTION carried, 7-0.

D.

Economic Development Division Quarterly Report: April 1, 2011 - June 30, 2011 (PULLED FOR DISCUSSION BY COUNCILMEMBER HORNAT)


EcDev Quarterly Report April - June 2011

Councilmember Hornat inquired about the site visit information, and asked that the Economic Development Administrator look into the five businesses that specifically had signage concerns, and report back to Council on whether or not there was an issue that needed to be resolved.

MOTION: A motion was made by Councilmember Hornat and seconded by Vice Mayor Snider approve Consent Agenda item (D).

MOTION carried, 7-0.

F.

Police Department Statistics - June 2011 (PULLED FOR DISCUSSION BY COUNCILMEMBER WATERS)


June Statistics

Councilmember Waters complimented the Police Department for cracking the burglary ring in Oro Valley.  He questioned Chief Sharp on whether the department was equipped to perform the numerous dark house checks that were being requested.

Chief Sharp responded that the dark house checks were performed by the Citizen Volunteer Assistants Program (CVAP) members who felt rewarded for the job that they did in the community, and that after a recent influx there were about 90 volunteers altogether.

Councilmember Waters asked if there were enough vehicles to complete the checks and the Chief responded that there were enough, but that a vehicle was down in June because of a transmission problem.

Councilmember Hornat asked why the CVAP hours were down with so many dark house checks, and the Chief replied that the loss of a vehicle caused the volunteers to be down by 30% in June.

MOTION: A motion was made by Councilmember Waters and seconded by Vice Mayor Snider approve Consent Agenda item (F).

MOTION carried, 7-0.

G.

DIS Permitting Division Reports - July 2011 (PULLED BY COUNCILMEMBER HORNAT)


Activity Report

Customer Chart

Permit Activity Chart

Plan Review Chart

Inspection Activity Chart

Revenue chart

Councilmember Hornat questioned the spreadsheet which listed the cumulative figures for the last fiscal year because they were too low.

Development and Infrastructure Services (DIS) Department Director Suzanne Smith concurred that it was difficult to understand.  She explained that the figures that were listed were only for July, 2010/11 because that was the only month that would be compared to the current month's report for July, 2011/12.

Councilmember Hornat then pointed out the DIS Chart of Customers and asked who they referenced and Ms. Smith reponded that those were walk-in’s that came to the DIS counter for some sort of assistance.

MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Gillaspie approve Consent Agenda item (G).

MOTION carried, 7-0.

J.

Resolution No. (R)11-55 Authorizing and approving a task force agreement between the Drug Enforcement Administration ("DEA") and the Town of Oro Valley ("Town") for the participation of two Oro Valley police officers in the High Intensity Drug Trafficking Area (HIDTA) Pima County/Tucson Metro Counter Narcotics Alliance (CNA) Task Force and one police officer in the Pima County HIDTA Investigative Task Force (PCHITF). (PULLED BY COUNCILMEMBER GARNER)


Reso 11-55

Exhibit ’A’

Councilmember Garner referenced item #7 of the contract which talked about the overtime rate being paid at a GS-12, Step 1, Federal employee rate.  He pointed out that the agreement was for two years at a cap of approximately $4300, and asked if that amount was for two years or based on an annual basis.
   
Chief Sharp replied that the contract was based on a cycle basis which is a federal fiscal year, and that in addition to the overtime cap the Department could use seizure money for full reimbursement for overtime for the positions.

Councilmember Garner added that the Police Department was down three full-time officers and did not feel that Oro Valley had the luxury of supplying officers out of the town.  He stated that the officers for the contract were deputized as Federal officers so the citizens were paying taxes to Oro Valley as well as federal taxes to support the program.

In response to the Finance Director’s comment that the Drug Enforcement Agency (DEA) paid full reimbursement for the officers, Councilmember Solomon stated that Oro Valley would not have the capacity for the officers if they were not funded by the DEA.  He noted that it was not a double taxation and that the officers received specialty training from the DEA with an education provided for by the federal government.

Chief Sharp discussed the different positions that the officers would hold which included the dismantling of racketeering organizations, mid-high level enforcement of suppliers and drug cartels, and street level narcotics.  He expounded on the training the officers would receive such as RICO statutes, forfeitures, surveillance methods, and other contemporary ways of handling crimes.

Councilmember Waters asked if the Community Action Team (CAT) squad would be affected negatively by the assignment of police officers to the special task force.

Chief Sharp replied that the CAT squad’s job was to address community issues such as burglaries, and that they were not an undercover narcotics unit.  He added that they assisted with:
-  Traffic issues
-  When the first day of school convened
-  Quality of life issues
-  Other neighborhood concerns 

Councilmember Hornat questioned why the contract stated on page one that it was for two years, but the term of the agreement was effective until September 30, 2012.
 
Chief Sharp reiterated that there were overlapping cycles so that there was always funding, and that the contracts would always come back to Council for the renewal.  

Vice Mayor Snider stressed that participation on the task forces demonstrated a region-wide approach to law enforcement which allowed Oro Valley officers to glean expertise from area officers they worked with.  

Councilmember Gillaspie confirmed that paragraph #7 does not mean that Oro Valley was responsible for the salary and benefits, but only for setting the rate of pay for the officers.  He also confirmed that the availability of funds, up to the limit in overtime hours, would be the overtime cap as discussed.  

Chief Sharp agreed that there was a cap, but that there was a provision in the contract which allowed the officers to utilize seizure funds.     

Councilmember Garner questioned the number of sworn officers on the force and asked if the amount was 97.

Chief Sharp agreed that there were 97 sworn officers and that of those, seven officers were on a task force.

MOTION: A motion was made by Vice Mayor Snider and seconded by Councilmember Solomon approve Consent Agenda item (J).

MOTION carried, 6-1 with Councilmember Garner opposed.

REGULAR AGENDA

1.

PUBLIC HEARING - DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 10 (BEER & WINE STORE) LIQUOR LICENSE FOR QUIKTRIP #1475 LOCATED AT 11045 N. ORACLE ROAD


QuikTrip #1475 Liquor License

Town Clerk Julie Bower reviewed the applicant’s information, and stated that no protests had been received and that the Police Department had no objections to the approval of the license.

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

MOTION: A motion was made by Councilmember Waters and seconded by Councilmember Gillaspie recommend the approval of the issuance of the Series 10 Liquor License to the Arizona Department of Liquor Licenses and Control for Mr. Troy DeVos for QuikTrip #1475 located at 11045 N. Oracle Road, Oro Valley, AZ, 85737.

MOTION carried, 7-0.

2.

PUBLIC HEARING - DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 10 (BEER AND WINE STORE) LIQUOR LICENSE FOR GIANT #617 LOCATED AT 8080 N. ORACLE ROAD


Giant #617 Liquor License

Town Clerk Julie Bower reviewed the applicant’s information for a transfer of ownership, and stated that no protests had been received and that the Police Department had no objections to the approval of the license.

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

Councilmember Hornat asked if Mr. Burton was the owner/operator or an officer of the Corporation.  Mr. Burton clarified that he was a Resident Agent and a representative for the company.

MOTION: A motion was made by Vice Mayor Snider and seconded by Councilmember Garner approve the issuance of the Series 10 Liquor License to the Arizona Department of Liquor Licenses and Control for Mr. Roger Burton for Giant #617 located at 8080 N. Oracle Road, Oro Valley, AZ, 85737.  

MOTION carried, 7-0.

3.

PUBLIC HEARING - DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR AMARSI RISTORANTE LOCATED AT 12152 N. RANCHO VISTOSO BLVD. #170


Amarsi Ristorante Liquor License

Town Clerk Julie Bower reviewed the applicant’s information for a transfer of ownership, and stated that no protests had been received and that the Police Department had no objections to the approval of the license.

Mayor Hiremath opened the public hearing.

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

MOTION: A motion was made by Councilmember Gillaspie and seconded by Vice Mayor Snider approve the isuance of the Series 12 Liquor License to the Arizona Department of Liquor Licenses and Control for Mr. Karim Hamdan for Amarsi Ristorante located at 12152 N. Rancho Vistoso Boulevard #170, Oro Valley, AZ, 85755.

MOTION carried, 7-0.

4.

PUBLIC HEARING - DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR CARLOTA’S AUTHENTIC MEXICAN CUISINE LOCATED AT 10420 N. LA CANADA DR. #170


Carlota’s Liquor License

Town Clerk Julie Bower reviewed the applicant’s information for a new application, and stated that no protests had been received and that the Police Department had no objections to the approval of the license.

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

MOTION: A motion was made by and seconded by to

MOTION carried, 7-0.

5.

DISCUSSION AND POSSIBLE ACTION REGARDING AN AMENDMENT TO THE STEAM PUMP VILLAGE MASTER SIGN PROGRAM


Attachment #1-Conditions of Approval

Attachment #2-Revised Master Sign Program

Attachment #3-July 26, 2011 CDRB Report

Attachment #4-Draft July 26, 2011, CDRB Minutes

Planning Division Manager David Williams presented information on the Steam Pump Village Master Sign Program (MSP) and the proposal for an amended wall sign and service station/fuel sign.  He then reviewed the key differences of the proposed MSP versus the Oro Valley Zoning Code.

Councilmember Garner inquired as to why the proposed sign size was now 55 sq. feet when at the Conceptual Design Review Board (CDRB) meeting the size size was 50 sq. feet.

Mr. Williams reponded that the applicant came back after the (CDRB) meeting and submitted their sign permit for 5 sq. feet more than they were asking for, which did not violate any Code provision or noticing requirement.  

Vice Mayor Snider asked from where exactly the extra 5 sq. feet came from, and Mr. Williams replied that the way Oro Valley did their calculations, the framing around the lettering was included also.
 
Councilmember Gillaspie commented that he did not think a 72% increase of sign size, just because of speed, was justified based on the information supplied, and asked for an explanation. 

Mr. Gil Alexander, member of the Conceptual Design Review Board, explained that most of their meeting discussion was on the height of the sign and not on the speed. 

Mr. Williams remarked further that there were no specific standards that stated that signs should not be bigger, but that historically the town did not support bigger signs.

Mr. Williams summarized the request for amendment and noted that it was permitted by the Zoning Code and that the CDRB had recommended the approval for 50 sq. feet with two additional conditions.

Councilmember Waters mentioned that the CDRB did not have a good explanation of why the Council should accept a 72% increase in size and asked if a bright red illuminated sign was necessary. 

Mr. Williams answered that he was concerned that the sign was double the size of what was normally allowed, but staff only had the Sign Code in place for recommending a denial.

Councilmember Hornat asked if this was the applicant’s standard sign size and Mr. Williams confirmed that it was.

Councilmember Gillaspie asked the applicant what their standard sign size was in Tucson, and Mayor Hiremath asked the applicant to come to the podium.

Keri Silvyn, representative for Steam Pump Village and the Quik Trip, pointed out that the Master Sign Program within Steam Pump Village had a standard monument sign size of 50 sq. feet.  She stated that the City of Tucson did not account for white space behind lettering when they did their wall sign calculations, so each indivual letter was calculated.  Ms. Silvyn also noted that the gas sign would be placed below the grade of the street. 

Councilmember Garner inquired as to whether the applicant was amenable to putting a frame around the sign, and the applicant signaled that he would frame the red area.  

Mr. Wooten from Quik Trip came to the podium and stated that the green diesel lettering was an insert and that there was nothing electronic on the sign.

Councilmember Gillaspie reiterated that the policy issue at hand was the approval of a sixth additional monument sign/fuel sign.

Councilmember Hornat asked if the illuminated sign would face the back of the wash because it was four-sided.

Ms. Silvyn noted that the amendment pertained to the distribution of the signs so that a single tenant could have a sign on all four sides of the building, and a multi-tenant could have signs on three sides of the building.  The Sign Code exception would still be in force pertaining to trails.

MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Solomon approve the amendment to the Steam Pump Village Master Sign Program, subject to the conditions in Exhibit "A."

Exhibit "A"
Conditions of Approval
Steam Pump Village Master Sign Program Amendment
OV311-004

1.  Section VI.A.14.b, Colors, shall indicate that various Plexiglas letters and logo colors may utilize the approved Master Sign Program (MSP) colors as well as corporate sign or logo colors as defined by the MSP.  No fluorescent or iridescent colors shall be permitted.

2.  Section IV, Prohibited Signs, shall include a provision that "A-frame" signs are prohibited unless expressly permitted by Chapter 28 of the Oro Valley Zoning Code. 

MOTION carried, 7-0.

6.

DISCUSSION AND POSSIBLE ACTION REGARDING AN AMENDMENT TO THE SHOPS AT ORO VISTA MASTER SIGN PROGRAM


Attachment #1 Master Sign Program Amendment

Attachment #2 Condition of Approval

Attachment # 3 CDRB Report

Planning and Zoning Division Manager David Williams explained that the  case was similar to the previous item, but only involved one amendment for two additional wall sign colors for the Noble Hops Restaurant and Bar.  Mr. Williams stated that there was only one approved color for wall signs in the development, and reviewed other signs in the center.  He then summarized the proposed amendment and informed the Council that the Conceptual Design Review Board has recommended approval subject to conditions.

MOTION: A motion was made by Vice Mayor Snider and seconded by Councilmember Gillaspie approve The Shops at Oro Vista Master Sign Program amendment, subject to the condition in Attachment 2.

Attachment 2
Condition of Approval
The Shops at Oro Vista Master Sign Program Amendment
OV307-002A

1.  The background color to wall signs utilizing colors PMS 410C and PMS 433C shall be identical to the main building wall color of the retail center.

MOTION carried, 7-0.

FUTURE AGENDA ITEMS

Councilmember Waters moved to have staff prepare a future agenda item to discuss recreational facilities and opportunities with the possible inclusion of a skate park in Oro Valley, to the Regular Session meeting on November 2, 2012, seconded by Councilmember Gillaspie.

Vice Mayor Snider directed staff to prepare a future agenda item in the establishment of a Youth Advisory Commission for Oro Valley, seconded by Councilmember Waters. 

CALL TO AUDIENCE

John Musolf, Oro Valley resident, suggested that the Town hold a study session for residents to understand how items became a Consent Agenda item versus a Regular Agenda item.

1.

ADJOURNMENT


MOTION: A motion was made by Councilmember Waters and seconded by Vice Mayor Snider adjourn the meeting at 7:34 PM.

MOTION carried, 7-0.