MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
April 2, 2014
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 

MOTION: A motion was made by Councilmember Zinkin and seconded by Vice Mayor Waters to go into Executive Session at 5:00 p.m. pursuant to ARS 38-431.03(A)(1) and (A)(3) for discussion or consideration of appointment of an elected official and for discussion or consultation with the Town Attorney for legal advice regarding same and regarding potential liabilities of the Town for private acts of public officers

MOTION carried, 7-0.

Mayor Hiremath stated that the following staff members would join Council in Executive Session: Town Manager Greg Caton, Town Attorney Kelly Schwab 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
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 and events.

COUNCIL REPORTS

Councilmember Hornat recognized Mr. Bill Adler for the production of the documentary film, "Determining Our Destiny: Oro Valley's Heritage" which is available for viewing on the Town's website.   

Councilmember Hornat attended the Coronado Little League where Mayor Hiremath threw out the first pitch.

Councilmember Hornat attended the SAHBA Home Show where he promoted awareness for the outreach group "Mission Strong".
 

Councilmember Zinkin attended the National League of Cities held in Washington DC.
 

Vice Mayor Waters spoke about the Town's School Resource Officer (SRO) program and clarified misinformation about the program.

DEPARTMENT REPORTS

Town Clerk Julie Bower announced that new artwork was on display in the Council Chambers by artist Robert Ashbough.

Town Manager Greg Caton gave an overview of the National Synchronized Swimming Championship would will be held at the Oro Valley Aquatic Center April 8-12, 2014

ORDER OF BUSINESS

Mayor Hiremath stated that the agenda would stand as posted.
 

INFORMATIONAL ITEMS

1.

Letters of Appreciation - William Vicens


2.

Councilmember Zinkin NLC Congressional City Conference Trip Report


CALL TO AUDIENCE

Oro Valley resident Bill Adler spoke about "view shed analysis" as it related to the Town’s Zoning Code.

Councilmember Zinkin requested that staff look into the phrase "view shed analysis" as stated in the Zoning Code.

Oro Valley resident and President of the Greater Oro Valley Chamber of Commerce Dave Perry, spoke about "Mission Strong" and the Southern Arizona Defense Alliance. Mr. Perry spoke about the Public Policy Meeting held on April 3, 2014 and the Greater Oro Valley Chamber of Commerce Luncheon held on April 10, 2014.

CONSENT AGENDA

Councilmember Zinken requested that item (B) be removed from the Consent Agenda for discussion.

A.

Minutes - March 5, 2014


C.

Resolution No. (R)14-16, approving an amendment to the general consultant contract for Town Attorney services


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

MOTION carried, 7-0.

B.

Fiscal Year 2013/14 Financial Update through January 2014


Councilmember Zinkin requested clarification on Bed Tax Revenues, Expenditures and the General Fund Contingency Reserves.

Finance Director Stacey Lemos gave clarification regarding Bed Tax Revenue, Expenditures and the General Fund Contingency Reserves.

Town Manager Greg Caton gave further clarification on Bed Tax Revenues and Expenditures.

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Hornat to accept the Fiscal Year 2013/14 Financial Update through January 2014.

MOTION carried, 7-0.

REGULAR AGENDA

1.

AMENDMENT TO THE ORO VALLEY TOWN CODE, CHAPTER 13, DEVELOPMENT IMPACT FEES


a.

RESOLUTION NO. (R)14-17, DECLARING THE PROPOSED AMENDMENT TO THE ORO VALLEY TOWN CODE CHAPTER 13, DEVELOPMENT IMPACT FEES, AS EXHIBIT "A" AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD


MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to adopt Resolution No. (R)14-17, declaring the proposed amendment to the Oro Valley Town Code Chapter 13, Development Impact Fees, attached hereto as Exhibit "A" and filed with the Town Clerk, a public record.

MOTION carried, 7-0.

b.

PUBLIC HEARING: ORDINANCE NO. (O)14-04, AMENDING THE ORO VALLEY TOWN CODE CHAPTER 13, DEVELOPMENT IMPACT FEES, BY REPEALING CHAPTER 13 IN ITS ENTIRETY AND REPLACING IT WITH A NEW CHAPTER 13 AS PROVIDED IN EXHIBIT "A"


Finance Director Stacey Lemos gave an overview of the Town's Water Utility Impact Fees and discussed the following:

-Approval Process - Schedule
-Proposed Impact Fee Schedule
-Historical Comparison of Combined Fees
-Town Code Changes Chapter 13 - Development Fees

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 Hornat to approve Ordinance No. (O) 14-04, amending the Oro Valley Town Code Chapter 13, Development Impact Fees by repealing Chapter 13 in its entirety and replacing it with a new Chapter 13 as provided in Exhibit "A," and repealing all resolutions, ordinances and rules of the Town of Oro Valley in conflict therewith.

MOTION carried, 7-0.

2.

AMENDMENT TO THE ORO VALLEY TOWN CODE, CHAPTER 15, ARTICLE 17, WATER RATES, FEES AND CHARGES


a.

RESOLUTION NO. (R)14-18, DECLARING THE PROPOSED AMENDMENT TO THE ORO VALLEY TOWN CODE CHAPTER 15, ARTICLE 17, WATER RATES, FEES AND CHARGES, AS EXHIBIT "A" AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD


MOTION: A motion was made by Councilmember Snider and seconded by Vice Mayor Waters to approve Resolution No. (R) 14-18, declaring the proposed amendment to the Oro Valley Town Code Chapter 15, Article 17, Water Rates, Fees and Charges, attached herto as Exhibit "A" and filed with the Town Clerk, a public record.

MOTION carried, 7-0.

b.

PUBLIC HEARING: ORDINANCE NO. (O)14-05, AMENDING THE ORO VALLEY TOWN CODE CHAPTER 15 ARTICLE 17, WATER RATES, FEES AND CHARGES TO COMPLY WITH NEW CHANGES MADE TO CHAPTER 13, DEVELOPMENT IMPACT FEES


Water Utility Director Philip Saletta gave an overview of the proposed Water Rates, Fees and Charges that included the following:

 -Water Utility Impact Fees
-Comparison of Combined Fees Portable and Alternative Water
-Water Code Changes Chapter 15 Article 17 of Town Code
-Water Utility Impact Fees
 

Mayor Hiremath opened the public hearing.

The following individual spoke on item #2b.

Oro Valley resident Bill Adler

Mayor Hiremath closed the public hearing.

Discussion ensued amongst Council and Mr. Saletta regarding water conservation.

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Hornat to approve Ordinance No. (O)14-05 as presented.

MOTION carried, 7-0.

3.

PUBLIC HEARING: ORDINANCE NO. (O)14-06, AMENDING SECTIONS 15-5-2 AND 15-5-3 OF CHAPTER 15, WATER CODE, OF THE ORO VALLEY TOWN CODE


Water Utility Director Philip Saletta gave an overview of the proposed Water Utility Refund of Deposits and Water Code changes and discussed the following:

-Water Utility Refund of Account Deposits
-Water Utility Retention of Account Deposits - Why is this needed?
-Water Code Changes Retention of Account Deposits

Mayor Hiremath opened the public hearing.

No comments were received.

Mayor Hiremath closed the public hearing.

Discussion ensued amongst Council and staff regarding Water Utility Refund of Deposits.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to adopt Ordinance No. (O) 14-06.

MOTION carried, 7-0.

4.

PUBLIC HEARING: ORDINANCE NO. (O)14-07, REZONING THE 45 ACRE KAI NARANJA PROPERTY FROM R1-144 TO R1-7, LOCATED IMMEDIATELY EAST OF IRONWOOD RIDGE HIGH SCHOOL ON THE SOUTH SIDE OF NARANJA DRIVE


Senior Planner Michael Spaeth gave an overview of the proposed Kai Naranja property and discussed the following:

-Location                                                      -Review Criteria
-Vicinity                                                       -Summary & Recommendation
-General Plan Designation                             -Applicant Representative
-Existing Zoning                                           -Conditions of Approval
-Applicant's Request                                     -Tentative Development Plan
-Proposed Zoning                                         -ESL Designations
-Neighborhood Meeting/Public Input              -Proposed Development

Applicant Paul Oland, representative for WLB, gave an overview of the proposed Kai Naranja Property.

Discussion ensued amongst Council, Mr. Oland and staff regarding the proposed Kai Naranja Property.

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 approve Ordinance No. (O)14-07, rezoning the Kai Naranja property totaling 45 acres from R1-144 to R1-7, subject to the conditions in Attachment 2, finding that the request is consistent with the General Plan. 
                                                                          
Attachment 2
Conditions of Approval

1. An amended Tentative Development Plan in conformance with the Environmentally sensitive Lands Open Space Requirements will be required prior to Conceptual Site Plan Submittal.

2. All improvements requiring ground disturbance shall be contained within development envelopes.

MOTION carried, 7-0.

5.

CONSIDERATION AND ACCEPTANCE OF THE ORO VALLEY WATER UTILITY COMMISSION ANNUAL REPORT DATED APRIL 2014


Water Utility Director Philip Saletta gave an overview of the Oro Valley Water Utility Commission Annual Report.


Discussion ensued amongst Council and Mr. Saletta regarding the Water Utility Commission Annual Report.

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Hornat to accept the Water Utility Commission Annual Report dated April 2014.

MOTION carried, 6-1 with Councilmember Burns opposed.

6.

PUBLIC HEARING: LOCAL ALTERNATIVE EXPENDITURE LIMITATION ELECTION (HOME RULE OPTION)


Finance Director Stacey Lemos gave on overview of the Local Alternative Expenditure Limitation Election (Home Rule Option) that included the following:

-Expenditure Limitation History
-What is the State-Imposed Limitation?
-Exclusions to the Limitation
-A little bit of number crunching...
-How do we compare ?
-Consequences of State-Imposed Limitation
-Alternative Expenditure Limitation "Home Rule" Option
-Home Rule, what it does...
-Home Rule, what it does not do...
-Some Facts...
-Primary Election Timeline August 26, 2014

Mayor Hiremath opened the public hearing.

No comments were received.

Mayor Hiremath closed the public hearing. 

7.

RESOLUTION NO. (R)14-19, TO CONSIDER IN WHOLE OR IN PART THESE ITEMS, REPEALING AND REPLACING PERSONNEL POLICIES 2, DEFINITIONS OF TERMS; 9, PROBATIONARY PERIODS; 10, ATTENDANCE AND LEAVES; 11, DISCIPLINE; 16, NEPOTISM; 23, DRUG FREE WORKPLACE; 26, COMPUTER USAGE; E-MAIL USE, RETENTION, & STORAGE; AND INTERNET POLICY; AND, 29, CONFLICT OF INTEREST
(Agenda item title and communication updated on 3/27/14 at 9:00 a.m.)


Town Manager Greg Caton gave a brief overview of the proposed Personnel Policies and Procedures.

MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Garner to approve Resolution No. (R)14-19, repealing and replacing Personnel Policies, 2, 9, 11, 16, 23, 26, and 29, and excluding #10.

MOTION carried, 7-0.

The following individual spoke on item #7:

Oro Valley resident and President of the Oro Valley Police Officer's Association, Marshall Morris

Discussion ensued amongst Council and staff regarding Policy 10, Attendance and Leaves.

MOTION: A motion was made by Councilmember Garner and seconded by Councilmember Zinkin to adopt Personnel Policy #10, Option #3, changing the policy so that vacation would be used in the calculation of overtime but no other leave type would be used.

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

MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Snider to approve Policy #10, Option #1, as presented.

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

8.

PRESENTATION OF TOWN MANAGER’S RECOMMENDED BUDGET FOR FISCAL YEAR 2014/15


Town Manager Greg Caton gave an overview of the Town Manager's Recommended Budget for Fiscal Year 2014/15 which included the following:

-FY 2014/15 Budget Timeline
-General Fund - Then Five-Year Forecast
-General Fund - Now Five-Year Forecast
-Fiscal Responsibility Major Initiatives and Accomplishments
-"Vertical" Strategic Savings
-FY 2014/15 Budget Core Themes

Finance Director Stacey Lemos gave an overview of the Fiscal Year 2014/15 Budget Core Themes to include the following:

-Investment in Town employees
-Investment in Town assets and technology
-Delivery of community services
-New initiatives
 
Ms. Lemos gave an overview of the Fiscal Year 2014-15 Recommended Budget by Category that included the following:
 
-FY 2014/15 Budget Revenue Projections
-FY 2014/15 Budget Capital Improvement Program (CIP)
-Awards and Accolades

No action was taken on item #8.

FUTURE AGENDA ITEMS 

No future agenda items were requested.

CALL TO AUDIENCE

No comments were received.

ADJOURNMENT

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to adjourn the meeting at 9:23 p.m.

MOTION carried, 7-0.