MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
January 16, 2013
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
Mike Zinkin, Councilmember

ABSENT: Mary Snider, Councilmember

EXECUTIVE SESSION AT OR AFTER 5:00 PM - Pursuant to A.R.S. 38-431.03(A)(7) for consideration of a lease of real property to the Town's legislative representative; pursuant to ARS 38-431.03(A)(3) for the purpose of discussion and consultation with the Town Attorney regarding legal advice and the Town's position regarding undergrounding TEP lines and the Town Code Provisions; and pursuant to ARS 38-431.03(A)(7) to discuss real estate acquisition

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Garner to go into Executive Session.

MOTION carried, 6-0.

Mayor Hiremath stated that the following staff members would join Council in Executive Session for all three items:  Interim Town Attorney Tobin Sidles, Town Manager Greg Caton and Town Clerk Julie Bower.  The Assistant to the Town Manager, Kevin Burke, would join Council for items one and two and Finance Director Stacey Lemos, Development and Infrastructure Services Director Paul Keesler and Communications Director Misti Nowak would join Council for item two.

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

Economic Development Manager Amanda Jacobs announced the upcoming Town meetings and events.

COUNCIL REPORTS
    •  Spotlight on Youth

Councilmember Snider congratulated the Ironwood Ridge football team on their recent Division II State Championship win.

Ironwood Ridge football coach Matt Johnson thanked Mayor and Council for the recognition. 

DEPARTMENT REPORTS

Finance Director Stacey Lemos announced the Town's first publication of the Popular Annual Financial Report which condensed the financial information found in the Comprehensive Annual Financial Report (CAFR).

Ms. Lemos announced that the Community Budget Forum would be held tomorrow evening at 6:00 p.m. in the Council Chambers to provide budget information and solicit citizen input on the FY 13-14 budget.

Parks, Recreation, Library & Cultural Resources Director Ainsley Legner reported on the archery range and said that to date, the Town has sold thirty-nine adult annual passes, nineteen student annual passes and sixty-three daily passes for a total of $3,225.

Aquatics Manager Catherine Vorrassi reported that approximately $17,500 had been received from individuals and businesses within the community for the new Aquatics Center.  On Saturday, January 12th, the Saddlebrook Swim Club donated $2,500 to the Friends of the Pool.

The Oro Valley Aquatics Center would be hosting the U.S. Masters Swimming short course zones championships meet in April.

Economic Development Manager Amanda Jacobs announced that on Tuesday, January 22nd at 8:00 a.m., the Greater Oro Valley Chamber of Commerce in conjunction with the Town, would be hosting an educational forum to provide a development update.

Ms. Jacobs said that the Arizona Distance Classic would be held on March 24th.

Communications Administrator Misti Nowak announced that the Explorer Newspaper had partnered with the Town and would dedicate the third wednesday of the month to feature the Town of Oro Valley.

Bloomberg Business Week recently published its findings on the best place to raise kids in each of the fifty states and Oro Valley was named the best place in Arizona.  

Town Manager Greg Caton welcomed the new Branch Manager of the Oro Valley Public Library, Ruth Grant.  Ms. Grant said that the new library telephone number was 520-594-5580 and their new hours of operation would be Sundays 1:00 p.m. to 5:00 p.m., Monday-Thursday 9:00 a.m. to 7:00 p.m., Friday 10:00 a.m. to 5:00 p.m. and Saturday 9:00 a.m. to 5:00 p.m.

ORDER OF BUSINESS

Mayor Hiremath stated that the agenda would stand as posted.

INFORMATIONAL ITEMS

1.

Police Department Letter of Appreciation


PD Letters of Appreciation

2.

Trip Report for Councilmember Zinkin (Arizona Town Hall 2012)


Trip Report for Councilmember Zinkin (Arizona Town Hall 2012)

CALL TO AUDIENCE

Oro Valley resident John Musolf

preferred to have non-routine and/or controversial items placed on the Regular Agenda instead of the Consent Agenda.

PRESENTATIONS

1.

Presentation of an award from the Metropolitan Pima Alliance for the Oro Valley Police Department’s Dispose-A-Med Program


Jeff Prevatt, representative of the Metropolitan Pima Alliance, presented the Common Ground award to Police Chief Danny Sharp and the Oro Valley Police Department for their involvement in the Dispose-A-Med program.

CONSENT AGENDA

Councilmember Waters requested that item (E) be removed from the Consent Agenda for discussion.

Councilmember Zinkin requested that item (F) be removed from the Consent Agenda for discussion.

A.

Minutes - November 7 & November 28, 2012


11/7/12 Draft Minutes

11/28/12 Draft Minutes

B.

Fiscal Year 2012/2013 Financial Update Through November 2012


Attachment A - General Fund

Attachment B - Highway Fund

Attachment C - Bed Tax Fund

Attachment D - Vacancy Savings Report

Attachment E - Summary All Funds

C.

Appointments to the Parks & Recreation Advisory Board


Hallin Application

Pullara Application

D.

Council approval of M3S Sports’ request for In-Kind Support for the Arizona Distance Classic


G.

Resolution No. (R)13-03, Adopting the Town of Oro Valley 2013 Strategic Plan


Attachment 1 - (R)13-03 Strategic Plan - 2013

Attachment 2 - DRAFT 2013 Strategic Plan

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to Approve items (A)-(D) and (G).

MOTION carried, 7-0.

E.

Resolution No. (R)13-01, Authorizing and approving an Intergovernmental Agreement between the Town of Oro Valley and the Arizona Department of Transportation for installing experimental clear noise wall panels along a 200 linear foot stretch on State Route 77 (SR77)


Attachment 1 - (R)13-01

Attachment 2 - IGA

Attachment 3 - Noise Wall Location Map

Attachment 4 - Clear Panel Location Map

Councilmember Waters inquired as to what the on-going maintenance costs would be to the Town.

Town Manager Greg Caton gave an overview of the proposed project and stated that the maintenance costs were minimal.

Development and Infrastructure Services Director Paul Keesler stated that if the experimental noise walls didn't work, the Town could remove the clear panels and replace them with block.

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Garner to send item (E) back to staff for additional information.

MOTION carried, 7-0.

F.

Resolution No. (R)13-02, Approving the annual Legislative Agenda of the Town and protocols guiding the Town's priorities for the upcoming legislative session and any lobbying activities


Attachment 1 - (R)13-02

Attachment 2 - Legislative Agenda Summary

Attachment 3 - League Resolutions

Attachment 4 - 51st Legislature

Councilmember Zinkin preferred to have the word "generally" stricken from the first paragraph of the second page of the resolution so as to read, "the Town Council of Oro Valley does hereby establish the Legislative Agenda for 2013, as set forth in the Council Communication dated January 16, 2013, and authorizes staff to take positions on legislation consistent with the Legislative Agenda".

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Hornat to Approve Resolution No. (R)13-02 and remove the word "generally" from the first paragraph of second page.

MOTION carried, 7-0.

REGULAR AGENDA

1.

NOMINATION AND ELECTION OF VICE MAYOR


Councilmember Hornat nominated Lou Waters to serve as Vice Mayor.

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Burns to elect Lou Waters as Vice Mayor for 2013.

MOTION carried, 7-0.

2.

DISCUSSION REGARDING THE TOWN'S SCHOOL RESOURCE OFFICER PROGRAM


Police Chief Danny Sharp gave an overview of the Town's School Resource Officer program.

The following individuals spoke in support of item #2.

Oro Valley resident Richard Tracy Sr.


Oro Valley resident Heidi Radtke


3.

RESOLUTION NO. (R)13-04, AUTHORIZING THE EXECUTION OF THE UNDERGROUNDING AGREEMENT BETWEEN THE TOWN AND TUCSON ELECTRIC POWER COMPANY (TEP) FOR PAYMENT FOR INSTALLATION OF UNDERGROUND ELECTRIC FACILITIES ALONG ORACLE ROAD AND TANGERINE ROAD AND AUTHORIZING THE USE OF GENERAL FUND CONTINGENCY RESERVES FOR THIS PURPOSE


Attachment 1 - (R)13-04 TEP Undergrounding Agreement

Attachment 2 - Memorandum of Understanding

Atttachment 3 - Map

Attachment 4 - TEP memo 12.27.12

Attachment 5 - OVZCR Section 25.1

Attachment 6 - Frequently Asked Questions

Attachment 7 - Previous Council Communications

Tucson Electric Power (TEP) representative, Joe Salkowski, gave an overview of the proposed power line projects.

The following individuals spoke on item #3.

Oro Valley resident John Musolf


Oro Valley resident Bill Adler


MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Hornat to direct the Town Manager and Town Attorney to enter into an agreement with Tucson Electric Power for the installation of underground electric facilities along Oracle Road and Tangerine Road subject to the following conditions:

1. Tucson Electric Power will be responsible for all engineering and construction of the facilities.
2. Revenue derived from other utilities using the underground infrastructure will be split between the Town and TEP.
3. The cost to the Town will be capped at 10% over the estimated cost of $2.1 million.
4. If any of these conditions can not be met, the Town Manager and Town Attorney are authorized to negotiate the best possible agreement on behalf of the Town.

Councilmember Garner requested the following amendment to Condition #4:
-Strike the words Can not be met
-Add "IN CONSULTATION WITH THE TOWN COUNCIL"

The amendment was agreed to by Councilmember Zinkin and Councilmember Hornat.

MOTION AS AMENDED:  A motion was made by Councilmember Zinkin and seconded by Councilmember Hornat to direct the Town Manager and Town Attorney to enter into an agreement with Tucson Electric Power for the installation of underground electric facilities along Oracle Road and Tangerine Road subject to the following conditions:

1.  Tucson Electric Power will be responsible for all engineering and construction of the facilities.
2.  Revenue derived from other utilities using the underground infrastructure will be split between the Town and TEP.
3.  The cost to the Town will be capped at 10% over the estimated cost of $2.1 million.
4.  The Town Manager and Town Attorney are authorized to negotiate on behalf of the Town in consultation with the Town Council.

MOTION carried, 6-1 with Councilmember Burns opposed.

4.

DISCUSSION AND POSSIBLE ACTION REGARDING A 2013 SPECIAL ELECTION TO SEEK VOTER APPROVAL OF A FRANCHISE AGREEMENT WITH TUCSON ELECTRIC POWER


This item was removed from the agenda on 1/11/13.

5.

DISCUSSION AND POSSIBLE DIRECTION TO SEEK VOTER APPROVAL TO ENACT A LOCAL RESIDENTIAL RENTAL OCCUPANCY TAX


Ordinance (O)97-30 Res Rental Tax Exemption

This item was removed from the agenda on 1/11/13.

6.

PUBLIC HEARING - DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 7 (BEER & WINE) LIQUOR LICENSE FOR GREAT AMERICAN PLAYHOUSE LOCATED AT 13005 N. ORACLE ROAD #110


Great American Playhouse Liquor License

Mayor Hiremath opened the public hearing.

No comments were received.

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Snider to Recomend Approval of the issuance of a Series 7 Liquor License to the Arizona Department of Liquor Licenses and Control for Kevin Kramber and principals for the Great American Playhouse located at 13005 N. Oracle Road #110.

MOTION carried, 7-0.

7.

PUBLIC HEARING - DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 9 (LIQUOR STORE) LIQUOR LICENSE FOR CVS PHARMACY #10006 LOCATED AT THE SOUTHEAST CORNER OF ORACLE ROAD & FIRST AVENUE


CVS Pharmacy #10006 Liquor License

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 Vice Mayor Waters to Recomend Approval of the issuance of a Series 9 Liquor License to the Arizona Department of Liquor Licenses and Control for Jason Morris and principals for CVS/Pharmacy #10006 located at the southeast corner of Oracle Road and First Avenue.

MOTION carried, 7-0.

8.

PUBLIC HEARING - DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR GMG CHINESE BISTRO LOCATED AT 10370 N. LA CANADA DRIVE #190


GMG Chinese Bistro Liquor License

Mayor Hiremath opened the public hearing.

No comments were received.

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Zinkin to Recomend Approval of the issuance of a Series 12 Liquor License to the Arizona Department of Liquor Licenses and Control for Paul Gee and principals for GMG Chinese Bistro located at 10370 N. La Canada Drive #190.

MOTION carried, 7-0.

9.

PUBLIC HEARING - DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 10S (BEER & WINE STORE W/SAMPLING PRIVILEGES) LIQUOR LICENSE FOR SPROUTS FARMERS MARKET #11 LOCATED AT 7665 N ORACLE ROAD


Sprouts Farmers Market #11 - Liquor License - Addition of Sampling Privileges

Mayor Hiremath opened the public hearing.

No comments were received.

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to Recomend Approval of the issuance of a Series 10S Liquor License to the Arizona Department of Liquor Licenses and Control for Randy Nations and principals for Sprouts Farmers Market #11 located at 7665 N. Oracle Road.

MOTION carried, 7-0.

Mayor Hiremath recessed the meeting at 7:46 p.m.

Mayor Hiremath reconvened the meeting at 7:58 p.m.

10.

REQUEST FOR APPROVAL OF A MASTER SIGN PROGRAM FOR THE SAN DORADO DEVELOPMENT LOCATED AT FIRST AVENUE AND ORACLE ROAD


Attachment 1 Conditions of Approval

Attachment 2 CDRB Staff Report

Attachment 3 CDRB Draft Minutes

Attachment 4 Sign Comparison Table

Attachment 5 Proposed Master Sign Program

Attachment 6 Location Map

Senior Planner Matt Michels gave an overview of item #10.

Brad Anderson, representative of Kitchel Development Co., gave an overview of the proposed Master Sign Program.

The following individual spoke on item #10.

Oro Valley resident Bill Adler


MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Snider to Approve the Master Sign Program for San Dorado subject to Conditions in Attachment 1, finding that:

-The Master Sign Program meets the applicable Design Principles and Design Standards.
-The Master Sign Program meets the Chapter 28 Master Sign Program criteria.

Attachment 1
Conditions of Approval
Master Sign Program for San Dorado

1.  Limit internal illumination for cabinet type signs so only the logo and letters emit light.

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

11.

REQUEST FOR APPROVAL OF CONCEPTUAL SITE PLAN FOR THE RANCHO DE PLATA SUBDIVISION, LOCATED ON THE WEST SIDE OF LA CHOLLA BOULEVARD, APPROXIMATELY ¼ MILE SOUTH OF TANGERINE ROAD


Attachment 1 - Conditions of Approval

Attachment 2 - Staff Report

Attachment 3 - Draft Minutes

Attachment 4 - Conceptual Site Plan

Attachment 5 - Neighborhood Meeting Notes

Principal Planner Chad Daines gave an overview of item #11.

Ron Asta, Lead Planning Consultant for CPE Consultants, LLC, presented the proposed Conceptual Site Plan for the Rancho de Plata Subdivision.

MOTION: A motion was made by Councilmember Hornat and seconded by Vice Mayor Waters to Approve the Conceptual Site Plan for the Rancho de Plata subdivision, located on the west side of La Cholla Boulevard, approximately 1/4 mile south of Tangerine Road, subject to the Conditions in Attachment 1, finding that the Conceptual Site meets applicable Design Principles and Standards.

Attachment 1
Conditions of Approval
Rancho de Plata
Conceptual Site Plan
OV1212-17

Engineering:

1.  Grading adjacent to homes shall meet the requirements of the International Building Code.  These requirements include a 5% slope away from the home to a swale parallel to the home that is sloped a minimum of 2%.
2.  Provide erosion hazard setback calculations and necessary erosion mitigation recommendations that will be necessary to protect lots that are within an erosion hazard area.
3.  Provide diverter swales/channels along the north side of the development to convey incoming off-site drainage to the existing washes.
4.  Extend the proposed sidewalk on both sides of the entry road to intersect with the proposed path along La Cholla Boulevard.
5.  The existing driveway connection to La Cholla Boulevard on the north side of the development shall be removed with the development.
6.  The proposed decomposed granite path will be required to be stabilized with a binder or other similar treatment to be approved by the Town Engineer.  The portions of the path within the floodplain area shall b paved and protected with toe downs or other similar methods as recommmended by the drainage report and approved by the Town Engineer.
7.  Guardrail shall be provided in those areas adjacent to the existing power poles where the roadway edge line is shifted west to accommodate the proposed left turn lane into the development.

Planning:

1.  Provide conceptual plan for walls and screening throughout the subdivision.
2.  A primitive trail shall be provided from the recreation areas to the adjacent washes.
3.  Detention basin floors shall be replanted with native vegetation and trees to the greatest extent possible while still allowing for maintenance access.
4.  Provide an emergency access point connecting the subdivision to the Wilson K-8 School, if agreed to by the Amphi School District.

Water:

1.  Water mains shall not be provided under pavement.

Fire:

1.  The width of the roads specified on the submitted plans will allow for parking on only one side of the road and will not allow parking in the cul-de-sac and knuckle areas.  Please meet with the fire plans examiner and fire inspector to discuss the areas that will require no parking signage in accordance with IFC Sections 503.3 and D103.6, as amended.

MOTION carried, 7-0.

12.

DISCUSSION AND POSSIBLE ACTION REGARDING EXTENSION OF THE TEMPORARY USE OF A-FRAMES, NON-PROFIT SIGNS AND OUTDOOR DISPLAYS UNTIL FEBRUARY 3, 2014


Economic Development Manager Amanda Jacobs gave an overview of item #12.

The following individual spoke on item #12.

Oro Valley resident Bill Adler


The following individuals spoke in support of item #12.

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


Jenny Ritchie, Oro Valley business owner and resident


MOTION: A motion was made by Vice Mayor Waters and seconded by Mayor Hiremath to Approve the extension of the temporary use of A-frame signs, non-profit signs and outdoor displays until February 3, 2014.

MOTION carried, 7-0.

13.

HOURS OF OPERATION FOR THE ORO VALLEY AQUATICS CENTER


a.

RESOLUTION NO. (R)13-05, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT OF THE ORO VALLEY TOWN CODE ENTITLED CHAPTER 16, PARKS AND RECREATION, SECTION 6-1-2 PARK OPERATIONS, ATTACHED HERETO AS EXHIBIT "A" AND FILED WITH THE TOWN CLERK


(R)13-05 Declaring Section 6-1-2 a Public Record

EXHIBIT A

MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Zinkin to Approve Resolution No. (R)13-05, declaring as a public record that certain document of the Oro Valley Town Code entitled Chapter 16, Parks and Recreation, Section 6-1-2 Park Operations, attached hereto as Exhibit "A" and filed with the Town Clerk.

MOTION carried, 7-0.

b.

PUBLIC HEARING: ORDINANCE NO. (O)13-01, AMENDING ORO VALLEY TOWN CODE, SECTION 16-1-2, PARK OPERATIONS, AND REPEALING ALL RESOLUTIONS, ORDINANCES AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH


(O)13-01 Amending Section 16-1-2 Park Operations

Aquatics Manager Catherine Vorrasi gave an overview of item #13b.

No comments were recieved from the public.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Zinkin to Approve Ordinance No. (O)13-01, amending the Oro Valley Town Code, Section 16-1-2, Park Operations, and repealing all resolutions, ordinances and rules of the Town of Oro Valley in conflict therewith.

MOTION carried, 7-0.

14.

RESOLUTION NO. (R)13-06, AMENDING THE EXISTING PARKS AND RECREATION FEE SCHEDULE TO INCREASE THE AQUATIC FACILITY USAGE FEES


Attachment 1 - (R)13-06 Aquatic Facility Fees

Attachment 2 - Current & Recommended Fees

Ms. Vorrasi presented the new proposed aquatic facility usage fees.

The following individual spoke in opposition to item #14.

Emily DeFrancesco, President of Pusch Ridge Swim Team


MOTION: A motion was made by Councilmember Hornat and seconded by Mayor Hiremath to Approve Resolution No. (R)13-06, amending the existing Parks and Recreation fee schedule to increase the aquatic facility usage fees.

Councilmember Snider requested an amendment to the main motion that stipulated that children 3 and under were free.  This amendment was agreed to by Councilmember Hornat and Mayor Hiremath.

MOTION carried, 6-1 with Councilmember Burns opposed.

15.

REAPPOINTMENT OF GIL ALEXANDER TO THE CONCEPTUAL DESIGN REVIEW BOARD (CDRB)


Reappointment Request

The following individuals spoke on item #15.

Oro Valley resident Gil Alexander

Oro Valley resident Bill Adler

MOTION: A motion was made by Mayor Hiremath and seconded by Vice Mayor Waters to deny the reappointment of Gil Alexander to the Conceptual Design Review Board (CDRB) for a term expiring December 31, 2015.

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

FUTURE AGENDA ITEMS

Councilmember Zinkin requested a future agenda item to be placed on the February 20, 2013 Council meeting to discuss alternative sources to repay the Contingency Fund for the $2.1 million cost to underground electrical facilities, seconded by Councilmember Snider.

Councilmember Zinkin requested a future agenda item to bring forth a sign violation schedule for the Temporary Sign Code, seconded by Councilmember Garner.

CALL TO AUDIENCE

No comments were recieved.

ADJOURNMENT

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Zinkin to Adjourn the meeting at 10:42 p.m.

MOTION carried, 7-0.