MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
April 18, 2012
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 5:00 p.m.

ROLL CALL

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

ABSENT: Bill Garner, Councilmember

EXECUTIVE SESSION AT OR AFTER 5:00 PM

Pursuant to A.R.S. section 38-431.03(A)(1) to consider the appointment of Greg Caton as permanent Town Manager


MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to go into Executive Session at 5:00 p.m. pursuant to A.R.S. section 38-431.03(A)(1) to consider the appointment of Greg Caton as permanent Town Manager.

MOTION carried, 6-0.

Mayor Hiremath stated that the following staff members would join Council in Executive Session:  Interim Town Manager Greg Caton, Town Attorney Tobin Rosen and Town Clerk Julie Bower.

REGULAR SESSION AT OR AFTER 6:00 PM

CALL TO ORDER

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

ROLL CALL

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

ABSENT: Bill Garner, Councilmember

PLEDGE OF ALLEGIANCE

Mayor Hiremath led the audience in the Pledge of Allegiance.

Mayor Hiremath announced that former Councilmember K.C. Carter had passed away and requested a Moment of Silence in his remembrance.

UPCOMING MEETING ANNOUNCEMENTS

Communications Administrator Misti Nowak announced the upcoming Town meetings.

COUNCIL REPORTS

Vice Mayor Waters thanked Ventana Roche for their continued support of arts and culture in the region and announced that they would be holding a public reception tomorrow night for their latest show.

Councilmember Snider reported that she taught a Local Government class to 4th graders at Copper Creek Elementary School.

Councilmember Snider had met with Amy Swiderski about an International Baccalaureate Programme which had recently been instituted and approved for Canyon Del Oro High School.  Beginning in August, the program would allow students to apply credits earned through the program towards the first two years at most major universities.

DEPARTMENT REPORTS

Town Clerk Julie Bower announced that new artwork from artist T.J. Vandervee was being featured in the Council chambers this month.

Economic Development Manager Amanda Jacobs announced that the next Oro Valley Concert Series was tomorrow night from 6-7:30 p.m. at the Oro Valley Marketplace and would feature the Blues and R&B group the Railbirdz.

ORDER OF BUSINESS

Mayor Hiremath moved Regular Agenda item #4 to item #1.

INFORMATIONAL ITEMS

1.

DIS Customer Feedback Form


DIS Customer Feedback Form

2.

Police Department Appreciation Letters


PD Appreciation Letters

3.

Councilmember Gillaspie Trip Report - National League of Cities Conference - March 9-14, 2012


CM Gillaspie Trip Report Natl League of Cities Conference March 9-14, 2012

4.

Notice to Mayor and Council of the Police Department’s project proposals, requesting grant funding under the Governor’s Office of Highway Safety (G.O.H.S.) 2013 opportunity, as well as the Arizona Department of Homeland Security (AZDOHS)


CALL TO AUDIENCE

Oro Valley resident Jim Harrison

was not happy about the review process for the proposed Fry’s gas station near the corner of La Canada Drive and Lambert Lane because it did not accurately assess the full impact to neighbors.

Oro Valley resident Richard Tracy Sr.

was proud of the Oro Valley Town Council and Police Department and requested a Study Session that would allow the Police Department to discuss their operations.

Oro Valley resident Joleen Meyer

urged Council to continue funding programs at the recreational room located near La Canada Drive and Naranja Drive.

Oro Valley resident Mona Gentz

was concerned with proposed budget cuts that would affect the exercise programs currently offered at the recreational room and urged Council to continue the exercise classes.

Oro Valley resident John Musolf

spoke about the utility tax and recommended creating a utility tax rebate for the citizens and businesses of Oro Valley.

Oro Valley resident Richard Pasko

urged Council to continue funding for activities at the recreational room.

Oro Valley resident Vera Shury

requested continued funding for activities and programs at the recreational room.

Oro Valley resident Marturia Moudy

was concerned with the proposed wireless facility located at 55 E. Tangerine Road because she and her neighbors had been suffering from the electromagnetic waves that were produced from other nearby cell towers and the Tucson Electric Power (TEP) substation.  She requested that the wireless facility be relocated to a different area.

Oro Valley resident Wendy Wise

thanked the Oro Valley Police Department for their help in ensuring her and her staff’s safety.  On March 3rd, her office received a threat and the police responded within minutes of the call.  Officer Spencer was assigned to the case and he discussed options with her as well as increased the number of patrols in the area over the next couple of weeks.

PRESENTATIONS

1.

Proclamation - Building Safety Month - May, 2012


Proclamation

Mayor Hiremath proclaimed May 2012 as Building Safety Month.

CONSENT AGENDA

Vice Mayor Waters requested that item (B) be pulled from the Consent Agenda for discussion.  Councilmember Gillaspie requested that items (C) and (D) be pulled from the Consent Agenda for discussion.  Councilmember Hornat requested that item (A) be pulled from the Consent Agenda for discussion.

A.

Fiscal Year 2011/12 Financial update through February 2012


Attachment A - General Fund

Attachment B - Highway Fund

Attachment C - Bed Tax Fund

Attachment D - Vacancy Savings Report

Attachment E - Summary All Funds

Councilmember Hornat requested clarification regarding Attachment E and asked why the report showed a surplus of roughly 3 million dollars.  

Finance Director Stacey Lemos stated that there were numerous on-going projects that still had payments due over the next few months and that was why it looked like there was a surplus.

MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Snider to Approve the Fiscal Year 2011/12 Financial update through February 2012.

MOTION carried, 6-0.

B.

Police Department Statistics - February 2012


OVPD Statistics - February 2012

Councilmember Waters asked why drug offenses had doubled from January 2012 to February 2012.

Police Chief Danny Sharp said that it partly had to do with the cyclical nature of the offense and partly due to task force operations that had come to fruition.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Gillaspie to Approve item (B).

MOTION carried, 6-0.

C.

Approval of employee medical & ancillary benefit providers for plan year 2012-13


Councilmember Gillaspie requested clarification regarding the proposed self-funded insurance program.

Town Manager Greg Caton explained the self-funded insurance program and the Town's liability in the instance of a denial of claim.

MOTION: A motion was made by Councilmember Gillaspie and seconded by Councilmember Snider to Approve the employee medical & ancillary benefit providers for plan year 2012-13.

MOTION carried, 6-0.

D.

Resolution No. (R)12-19, Authorizing the Finance Director to Cause the Execution and Delivery of Senior Lien Water Project Revenue Refunding Obligations, Series 2012, Evidencing Proportionate Interests of the Holders Thereof in Installment Payments of the Purchase Price to be Paid by the Town, Pursuant to a Purchase Agreement (and Approving and Authorizing the Execution and Delivery of all Agreements Necessary or Appropriate in Connection Therewith) for the Refinancing of Costs of Expanding and Improving the Water Utility System Serving the Town and Related Financing Costs; Approving a Form and Authorizing the Execution and Delivery and Distribution of an Official Statement with Respect to Such Obligations; Authorizing the Finance Director to Expend all Necessary Funds Therefor and Declaring an Emergency


Reso 12-19

Schedule

Draft POS Refunding

Councilmember Gillaspie thanked the Bond Counsel and staff for all of their work on the refinancing of the bonds and stated that it would save the Town $2.7 million over the life of the debt service.

MOTION: A motion was made by Councilmember Gillaspie and seconded by Vice Mayor Waters to Approve Resolution No. (R)12-19, Authorizing the Finance Director to Cause the Execution and Delivery of Senior Lien Water Project Revenue Refunding Obligations, Series 2012, Evidencing Proportionate Interests of the Holders Thereof in Installment Payments of the Purchase Price to be Paid by the Town, Pursuant to a Purchase Agreement (and Approving and Authorizing the Execution and Delivery of all Agreements Necessary or Appropriate in Connection Therewith) for the Refinancing of Costs of Expanding and Improving the Water Utility System Serving the Town and Related Financing Costs; Approving a Form and Authorizing the Execution and Delivery and Distribution of an Official Statement with Respect to Such Obligations; Authorizing the Finance Director to Expend all Necessary Funds Therefor and Declaring an Emergency.

MOTION carried, 6-0.

REGULAR AGENDA

1.

* PUBLIC HEARING: ORDINANCE NO. (O)12-05, AMENDING THE ORO VALLEY TOWN CODE, ARTICLE 11-4 “PARKING”, SECTION 11-4-3, TO ADD A PROHIBITION AGAINST PARKING IN FIRE LANES (Removed from agenda on 4/17/12)


Ord 12-05

4.

DISCUSSION AND POSSIBLE ACTION REGARDING THE APPOINTMENT OF GREG CATON AS PERMANENT TOWN MANAGER


MOTION: A motion was made by Councilmember Solomon and seconded by Vice Mayor Waters to appoint Greg Caton as Town Manager and direct staff to produce a two year contract under the terms and conditions discussed in Executive Session.

MOTION carried, 6-0.

2.

REQUIRED PUBLIC HEARING PURSUANT TO A.R.S. SECTION 9-471 TO DISCUSS THE POSSIBLE ANNEXATION OF THE ORACLE / INA ANNEXATION AREA


Oracle / Ina annexation records

Interim Assistant Development and Infrastructure Services Director Kevin Burke gave an overview of item #2 and stated that the Town filed a blank petition, map and legal description of the proposed Oracle/Ina annexation area with the Pima County Recorders Office on March 20, 2012.

Mayor Hiremath opened the public hearing.

The following individual spoke in opposition to item #2.

Rich Korkjian


The following individual supported item #2.

President of the Greater Oro Valley Chamber of Commerce and resident of Oro Valley, Dave Perry.


Mayor Hiremath closed the public hearing.

3.

AMENDMENT TO THE ORO VALLEY TOWN CENTRE AT ROONEY RANCH PLANNED AREA DEVELOPMENT (PAD)


a.

RESOLUTION NO. (R)12-20, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT ENTITLED ORO VALLEY TOWN CENTRE AT ROONEY RANCH PLANNED AREA DEVELOPMENT, ATTACHED HERETO AS EXHIBIT “A” AND FILED WITH THE TOWN CLERK; AND DECLARING AN EMERGENCY TO EXIST


Reso 12-20

Attachment #2 - Exhibit "A" PAD

MOTION: A motion was made by and seconded by to

MOTION carried, 6-0.

b.

PUBLIC HEARING: ORDINANCE NO. (O)12-06, REPEALING AND REPLACING THE EXISTING ORO VALLEY TOWN CENTRE AT ROONEY RANCH PLANNED AREA DEVELOPMENT (PAD)


Ord 12-06

Attachment #2 - P&Z Commission Recommended Conditions of Approval

Attachment #3 - Additional Conditions of Approval

Attachment #4 - Exhibit "A" PAD

Attachment #5 - October 5, 2011 TC Report

Attachment #6 - October 5, 2011 TC Minutes

Attachment #7 - August 2, 2011 P&Z Commission Report

Senior Planner Matt Michels presented item #3 and gave an overview of the following:

-Location
-Development areas
-Primary issues from October 5, 2011 Town Council meeting
-Site design
-Convenience uses
-Apartment uses

Keri Sylvan, representative of Canyon Del Oro Partners

gave an overview of the site design, pedestrian amenities, apartment uses and convenience uses.

Mayor Hiremath opened the public hearing.

The following individual was undecided on item #3.

Oro Valley resident John Musolf

The following individuals spoke in opposition to item #3.

Oro Valley resident Donald Bristow

Oro Valley resident Bill Adler

Mayor Hiremath closed the public hearing.


MOTION: A motion was made by Councilmember Solomon and seconded by Councilmember Hornat to adopt Ordinance No. (O)12-06, repealing and replacing the existing Oro Valley Town Centre at Rooney Ranch Planned Area Development subject to the conditions in Attachments A and B and that gas stations be restricted in the PAD.

Attachment A
Planning & Zoning Commission Recommended Conditions of Approval
Oro Valley Town Centre PAD Amendment (OV911-03)
August 2, 2011

Planning Conditions

1. Pedestrian cross connections from the east side of Development Area #1 to La Reserve shall be provided. 2. Page BB-1: Community Goal and Policy #1 shall contain language indicating that the design, uses, and focus of the development should consider the creation of a discernable center. 3. Page BB-1: Community Goal and Policy #6, “through the use of sensitive grading plans and revegetations, create and treat cut slopes such that they will appear not to have been disturbed” shall be retained. Mitigated to an acceptable standard consistent with current Town standards effective at the time of development.

4. Page BB-8: Add language indicating that substantial modifications to the Illustrative Site Plans that substantially deviate from the development concepts in terms of land use mix, development density or intensity, as determined by the Planning and Zoning Administrator, shall be subject to Town Council approval.

5. Page EE-6: As the project will be developed subject to market demand, the PAD shall contain language encouraging and preserving the opportunity for a vertically mixed use development, including the opportunity for a New Urbanist Main Street component to be defined by the PAD.

Engineering Conditions

1. The associated Traffic Impact Analysis (TIA) must be revised and approved as a condition of PAD Amendment approval at Mayor & Council.

2. The Developer must obtain Town of Oro Valley and ADOT approval of a site specific Traffic Impact Analysis prior to future Conceptual Site Plan Approval.

3. This development shall be responsible to design and pay for any improvements to the public road network as determined to be required by future TIA(s) at the time of development.

4. If modifications to Oracle Road are required as stipulated in the TIA, approval by the Arizona Department of Transportation (ADOT) will be required prior to approval of this TIA.


Attachment B
Additional Staff Recommended
Conditions of Approval
Oro Valley Town Centre PAD Amendment (OV911-03)
April 18, 2012

1. Building height shall not exceed 40’ for commercial and residential buildings within 100’ of Oracle Road.

2. A pedestrian walkway system, with connections to walkways in Area 1, shall be provided along both banks of the Rooney Wash and shall be linked by a pedestrian or multi-purpose bridge.

3. Multi-use paths shall be provided between the pedestrian-scale retail area and other portions of Areas 1, 2, 3, and 4, including: The hotel in Area 3
All multi-family residential areas of the PAD
A connection to the street system in Area 4
A connection to La Reserve

4. Decorative, architecturally integrated enrichments such as handrails, tiles, planters, architecturally appropriate light fixtures and poles, etc., shall be included in the multi-use path system design and along both banks of the Rooney Wash as aesthetic amenities and safety features.

5. Hardscape plans and details regarding street furniture and other pedestrian enhancements, derived from the amenities illustrated in Addendum G of the PAD, shall be provided for the following areas:

-Main drive from Oracle and First Ave.
-Multi-use paths
-Civic Space area

The plans shall be subject to staff approval.  6. A streetscape plan shall be submitted for the project entry and main drive from Oracle and First Ave. the plan shall include bicycle and pedestrian facilities and enrichments derived from the amenities illustrated in Addendum G of the PAD as well as a landscaped median. The plan shall be subject to staff approval.

MOTION carried, 6-0.

FUTURE AGENDA ITEMS

No future agenda items were requested. 

CALL TO AUDIENCE

No comments were received.

ADJOURNMENT

MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Snider to Adjourn the meeting at 8:17 p.m.

MOTION carried, 6-0.