MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
September 19, 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
Brendan Burns, Councilmember
Bill Garner, Councilmember
Joe Hornat, Councilmember
Mary Snider, Councilmember
Mike Zinkin, Councilmember

EXECUTIVE SESSION AT OR AFTER 5:00 PM - pursuant to ARS 38-431.03(A)(1) to discuss personnel matters – Town Attorney’s retirement and potential recruitment

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Zinkin to go into Executive Session at 5:01 p.m. pursuant to A.R.S. 38-431.03(A)(1) to discuss personnel matters regarding the Town Attorney's retirement and potential recruitment.

MOTION carried, 7-0.

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

RESUME 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
Brendan Burns, Councilmember
Bill Garner, Councilmember
Joe Hornat, Councilmember
Mary Snider, Councilmember
Mike Zinkin, Councilmember

PLEDGE OF ALLEGIANCE

Mayor Hiremath led the audience in the Pledge of Allegiance.

UPCOMING MEETING ANNOUNCEMENTS

Communications Administrator Misti Nowak announced the upcoming Town meetings.

COUNCIL REPORTS
    •  Spotlight on Youth

Vice Mayor Waters reported that the ribbon cutting ceremony to unveil the new Aquatics Center would take place on October 5, 2012.

Vice Mayor Waters said that Mayor Hiremath, Councilmember Burns, Councilmember Snider and himself attended the Project Graduation 10th Anniversary Kickoff event on September 14th and thanked Councilmember Snider for being the impetus behind Project Graduation.

Councilmember Hornat reported that he had lunch with the Mayors from Sahuarita, Marana, Tucson and Oro Valley and said that there was great collaboration amongst the surrounding communities.

Councilmember Snider spotlighted the Oro Valley Police Explorer Post 2011 which consisted of approximately 35-40 young men and women who had volunteered over 2,100 hours to the community this year.  They assisted with Special Events such as El Tour de Tucson, Arizona Distance Classic, Holiday Parade, 4th of July Celebration, all area football games, National Night Out and the Project Graduation Car Show.

The Oro Valley Police Explorers held their first ever joint Police/Fire Explorers Academy this past June at the Golder Ranch Training Facility.

DEPARTMENT REPORTS

No reports were received.

ORDER OF BUSINESS

Mayor Hiremath stated that the order would stand as posted.

INFORMATIONAL ITEMS

1.

Council Trip Report 2012 Arizona League Annual Conference


Council Trip Report 2012 Arizona League Annual Conference

CALL TO AUDIENCE

Oro Valley resident John Musolf

spoke on the agenda process and would like to have the ability to submit agenda items directly to the Council.

Oro Valley resident Bill Adler

wanted to see more opportunities for citizens to learn about and voice their opinions about the direction that Council would like to take regarding various policy issues.

CONSENT AGENDA

Councilmember Hornat requested that items (A) and (B) be removed from the consent agenda for discussion.

C.

Request for approval of a two-year extension of the Development Plan for Big Horn Commerce Center located on the southeast corner of Oracle Road and Ram’s Field Pass


Approved Development Plan Sheet 1 of 2

Approved Development Plan Sheet 2 of 2

Extension of Time Request

D.

Resolution No. (R)12-53, Authorizing and approving the revised Town of Oro Valley Emergency Operations Plan


Reso 12-53

TOV EOP

E.

Rescinding Resolution No. (R)12-44, A Financial Participation Agreement Between the Town of Oro Valley and TREO


TREO FPA 2012-13

MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Snider to Approve consent agenda items (C)-(E).

MOTION carried, 7-0.

A.

Fiscal Year 2012/13 Financial Update Through July 2012


General Fund

Highway Fund

Bed Tax Fund

Vacancy Savings Report

Summary All Funds

Councilmember Hornat requested clarification on whether or not the Financial Update report through July 2012 included the repayment installment for the Aquatic Center enhancements from the Bed Tax Fund to the General Fund.

Finance Director Stacey Lemos said that since the new Aquatics Center facility was still being constructed from the borrowed funds this fiscal year, the repayment of the borrowed funds would take place starting in fiscal year 2013/14.

MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Zinkin to Approve item (A).

MOTION carried, 7-0.

B.

Appointment to the Planning and Zoning Commission


MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Snider to Appoint Thomas Drzazgowski to the Planning and Zoning Commission to fill an unexpired term ending 12/31/13.

MOTION carried, 7-0.

REGULAR AGENDA

1.

PUBLIC HEARING: ORDINANCE NO. (O)12–13, RELATING TO REDUCED SPEED LIMITS IN CONSTRUCTION ZONES; AMENDING ORO VALLEY TOWN CODE BY AMENDING SECTION 11-3-3 (B) AND ADDING SECTION 11-3-19, “CONSTRUCTION ZONE SPEED LIMITS"


Ord 12-13

Development and Infrastructure Services Department Director Paul Keesler gave an overview of item #1.

Mayor Hiremath opened the public hearing.

No comments were received.

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Councilmember Burns and seconded by Councilmember Garner to Approve Ordinance No. (O)12-13, relating to reduced speed limits in construction zones; amending Oro Valley Town Code by amending Section 11-3-3(B) and adding new Section 11-3-19, "Construction Zone Speed Limits"; and adding the following language to Section E. "WHEN WORKERS ARE PRESENT".

MOTION carried, 4-3 with Mayor Hiremath, Vice Mayor Waters, and Councilmember Snider opposed.

2.

AMENDMENTS TO THE “WATER CODE”, CHAPTER 15 OF THE ORO VALLEY TOWN CODE


a.

RESOLUTION NO. (R)12-54, A RESOLUTION DECLARING THE PROPOSED AMENDMENTS TO THE “WATER CODE”, CHAPTER 15 OF THE ORO VALLEY TOWN CODE AT SECTIONS 15-12-1 THROUGH 15-12-5 AND SECTIONS 15-13-1 AND 15-13-2 ATTACHED HERETO AS EXHIBIT “A” AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD


Reso 12-54

Exhibit "A" - PM LEA Code Changes

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Garner to Approve Resolution No. (R)12-54, declaring the proposed amendments to the "Water Code", Chapter 15 of the Oro Valley Town Code at Sections 15-12-1 through 15-12-5 and Sections 15-13-1 and 15-13-2 attached hereto as Exhibit "A" and filed with the Town Clerk, a public record.

MOTION carried, 7-0.

b.

PUBLIC HEARING: ORDINANCE NO. (O)12-14, AMENDING CHAPTER 15, WATER CODE OF THE ORO VALLEY TOWN CODE, SECTIONS 15-12-1 THROUGH 15-12-4 AND ADDING SECTION 15-12-5; AND SECTIONS 15-13-1 THROUGH 15-13-2


Ord 12-14

Town Code Article 15-12

Water Utility Director Philip Saletta gave an overview of item #2b.

Mayor Hiremath opened the public hearing.

No comments were received.

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Zinkin to Approve Ordinance No. (O)12-14, amending Chapter 15, Water Code of the Oro Valley Town Code, Sections 15-12-1 through 15-12-4 and adding Section 15-12-5; and Sections 15-13-1 through 15-13-2.

MOTION carried, 7-0.

3.

MOTION FOR RECONSIDERATION OF THE SEPTEMBER 5, 2012 APPROVAL OF ORDINANCE NO. (O)12-11, AMENDING THE ORO VALLEY ZONING CODE REVISED, CHAPTER 22, REVIEW AND APPROVAL PROCEDURES, SECTION 22.9, DESIGN REVIEW, SECTION 22.10, GRADING PERMIT PROCEDURES AND CHAPTER 27, GENERAL DEVELOPMENT STANDARDS, SECTION 27.7, OFF STREET PARKING


MOTION: A motion was made by Councilmember Hornat and seconded by Vice Mayor Waters to Reconsider the September 5, 2012 approval of Ordinance No. (O)12-11, relating specifically only to the landscape component.

MOTION carried, 4-3 with Councilmember Burns, Councilmember Garner, and Councilmember Zinkin opposed.

FUTURE AGENDA ITEMS

No future agenda items were requested.

CALL TO AUDIENCE

No comments were received.

ADJOURNMENT

MOTION: A motion was made by Councilmember Snider and seconded by Mayor Hiremath to Adjourn the meeting at 6:55 p.m.

MOTION carried, 7-0.