MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
January 15, 2014
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
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 Snider recognized Alicia Cordova, 5th grader at Copper Creek Elementary School, for her outstanding achievements.

Vice Mayor Waters noted that he and Councilmember's Hornat, Snider and Zinkin attended the ribbon cutting for the new Sun City activity and fitness center.

Councilmember Snider reported that on Monday, January 13th, the Your Voice, Our Future team attended the Youth Advisory Council meeting and received their input regarding the General Plan Update.

Councilmember Zinkin encouraged residents to complete the Your Voice, Our Future community survey.

Councilmember Hornat attended the Sun City Government Affairs Board meeting at which he discussed water issues as they related to the Town.

DEPARTMENT REPORTS

Finance Director Stacey Lemos announced the release of the second annual edition of the Town's Popular Annual Financial Report (PAFR) for FY ending June 30, 2013 and noted that the PAFR was available on the Town's website.

Planning Manager David Williams outlined the Town's upcoming public outreach events for the Your Voice, Our Future project.  Mr. Williams announced that public outreach events would take place at the Village Bakehouse on Saturday, January 18th from 12:00 p.m. to 2:00 p.m. and at Jerry Bob's on Saturday, February 1st from 3:00 p.m. to 5:00 p.m. and encouraged all residents to attend.

Parks and Recreation Director Kristi Diaz Trahan announced that the Naranja Park groundbreaking ceremony would be held on Monday, January 27th at 4:00 p.m.

Ms. Nowak announced the launch of the Town's first ever art contest for students kindergarten through 12th grade to mark the Town's 40th anniversary.  Contest guidelines and entry form were available on the Town's website.  Submissions would be accepted through March 14, 2014.

ORDER OF BUSINESS

Mayor Hiremath reviewed the order of business and stated that the agenda would stand as posted.

CALL TO AUDIENCE

Oro Valley resident Don Bristow

spoke on the wall signs at L.A. Fitness and was concerned with the intensity of the light and light pollution that they created.

PRESENTATIONS

1.

Presentation of Plaques of Appreciation to Outgoing Board and Commission Members


Mayor Hiremath presented plaques of appreciation to the following outgoing Board and Commission members:

Conceptual Design Review Board (CDRB)
David Atler

Planning and Zoning Commission (PZC)
D. Alan Caine
Robert E. Swope

Water Utility Commission (WUC)
John Hoffman
Winston Tustison

2.

Proclamation - Beat Back Buffelgrass Day


Proclamation

Mayor Hiremath proclaimed January 25, 2014 as Beat Back Buffelgrass Day and encouraged all citizens to strongly support volunteer efforts to eradicate this invasive and dangerous plant wherever possible.

CONSENT AGENDA

Councilmember Zinkin requested that items (H) and (I) be removed from the Consent Agenda for discussion.

A.

Minutes - November 20 and December 4, 2013


11/20/13 Draft Minutes

12/4/13 Draft Minutes

B.

Fiscal Year 2013/14 Financial Update through October 2013


Attachment A - General Fund

Attachment B - Highway Fund

Attachment C - Bed Tax Fund

Attachment D - Summary All Funds

C.

Fiscal Year 2013/14 Financial Update through November 2013


Attachment A - General Fund

Attachment B - Highway Fund

Attachment C - Bed Tax Fund

Attachment D - Summary All Funds

D.

Final Plat for the Rancho Vistoso Parcel 10-N North residential subdivision, located on the southwest corner of Rancho Vistoso Boulevard and Vistoso Highlands Drive


Attachment 1 - Final Plat

E.

Appointments to the Planning and Zoning Commission


Greg Hitt Application

Frank Pitts Application

F.

Resolution No. (R)14-01, providing notice of intent to increase certain development impact fees for the Town of Oro Valley


(R)14-01 NOI to Increase Development Impact Fees

Duncan Assoc Impact Fee Study

CH2M HILL Impact Fee Study

G.

Resolution No. (R)14-02, 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)14-02 Legislative Agenda

Attachment 2 - Legislative Agenda Summary

Attachment 3 - League Resolutions

Attachment 4 - 51st Legislature

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Hornat to approve Consent Agenda items (A)-(G).

MOTION carried, 7-0.

H.

Resolution No. (R)14-03, approving a loan in the amount not to exceed $5,000,000.00 from the Water Infrastructure Finance Authority of Arizona for Oro Valley Water Utility Phases 2, 3 & 4 of the Advanced Metering Infrastructure and Meter Replacement Project; authorizing the execution and delivery of Loan Agreement No. 920246-14; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution and declaring an emergency


(R)14-03 WIFA Loan

Councilmember Zinkin requested clarification regarding debt service fees and interest rates.

Water Utility Director Philip Saletta stated that the rates analysis included the debt service fees.

Water Utility Administrator Shirley Seng outlined the benefits of a WIFA loan versus bonding.

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Hornat to approve Resolution No. (R)14-03, approving a loan in the amount not to exceed $5,000,000.00 from the Water Infrastructure Finance Authority of Arizona for Oro Valley Water Utility Phases 2,3 & 4 of the Advanced Metering Infrastructure and Meter Replacement Project; authorizing the execution and delivery of Loan Agreement No. 920246-14; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution and declaring an emergency.

MOTION carried, 7-0.

I.

Resolution No. (R)14-04, authorizing and approving an easement agreement between the Town of Oro Valley and the Oro Valley Country Club Inc.


(R)14-04 Easement Agreement - OVCC Inc.

Attachment 1 - Easement Agreement

Attachment 2 - Location Map

Councilmember Zinkin asked if the Town charged for the easement agreement.

Development and Infrastructure Services Director Paul Keesler stated that the Town would not charge for the easement.

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Burns to approve Resolution No. (R)14-04, authorizing and approving an easement agreement between the Town of Oro Valley and the Oro Valley Country Club Inc. and directing the Town Attorney to revise paragraph No. 13 to make it a specific indemnification.

MOTION carried, 7-0.

REGULAR AGENDA

1.

NOMINATION AND ELECTION OF VICE MAYOR


Councilmember Hornat nominated Vice Mayor Lou Waters to serve as Vice Mayor for 2014, seconded by Councilmember Snider.

Councilmember Garner nominated Councilmember Burns to serve as Vice Mayor for 2014, seconded by Councilmember Zinkin.

MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Snider to approve the nomination of Vice Mayor Lou Waters as Vice Mayor for 2014.

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

2.

PUBLIC HEARING - DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 7 (BEER & WINE BAR) LIQUOR LICENSE FOR QUALITY INN & SUITES LOCATED AT 7411 N ORACLE ROAD


Quality Inn & Suites Liquor License - Series 7

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 7 Liquor License to the Arizona Department of Liquor Licenses and Control for Kevin Kramber and principals of Quality Inn & Suites located at 7411 N. Oracle Road.

MOTION carried, 7-0.

3.

PUBLIC HEARING - DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 9S (LIQUOR STORE W/SAMPLING PRIVILEGES) LIQUOR LICENSE FOR FRY’S FOOD & DRUG #18 LOCATED AT 10661 N ORACLE ROAD AND FRY’S FOOD & DRUG #117 LOCATED AT 10450 N LA CANADA DRIVE


Fry’s Food & Drug Series 9S Liquor Licenses

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 Recomend Approval of the issuance of a Series 9S Liquor License to the Arizona Department of Liquor Licenses and Control for Robert Nelson and principals for Fry's Food & Drug #18 located at 10661 N. Oracle Road, license #'s 09100008 and #09100112 and Fry's Food & Drug #117 located at 10450 N. La Canada Drive, license #09100012.

MOTION carried, 7-0.

4.

PUBLIC HEARING: RESOLUTION NO. (R)14-06, AUTHORIZING AND APPROVING INCREASES IN WATER RATES, FEES AND CHARGES FOR THE TOWN OF ORO VALLEY WATER UTILITY


(R)14-06 Water Rate Increase 2013-14

Exhibit A - Rate Sheet

Other Fees and Charges

OVWU Water Rates Analysis

Water Utility Commission Chair, Bob Milkey, gave an overview of the proposed water rate, fees and charges increase and stated that the Water Utility Commission unanimously recommended adoption of the rates as presented.

Water Utility Director Philip Saletta gave an overview of the following items:

-Mayor & Council Water Policies
-Cost of Service Study
-Importance of Change in Rate Structure
-Preferred Financial Scenario
-Water Rates Analysis Customer Impacts
-Water Rates Analysis Review of Schedule
-Water Rates Recommendation

Mayor Hiremath opened the public hearing:

The following individual spoke on item #4.

Oro Valley resident Bill Adler

The following individual spoke in support of item #4.

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

Mayor Hiremath closed the public hearing.

Discussion ensued amongst Council regarding the proposed water rates, fees and charges increases.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Zinkin to approve Resolution No. (R)14-06, authorizing and approving increases in water rates, fees and charges for the Town of Oro Valley Water Utility.

MOTION carried, 7-0.

5.

RESOLUTION NO. (R)14-07, ADOPTING THE 2013-2023 LAND USE ASSUMPTIONS AND INFRASTRUCTURE IMPROVEMENT PLANS DATED OCTOBER 4, 2013, FOR THE TOWN OF ORO VALLEY


(R)14-07 Land Use Assumptions & IIP

Duncan Associates Report

CH2M HILL Report

Finance Director Stacey Lemos gave an overview of item #5 and discussed the following topics:

-Overview of Impact Fee Law Changes
-Town and Water Utility Impact Fees Approval Process - Schedule
-Land Use Assumptions & Infrastructure Improvements Plan
-Capital Plans - Based on 15-Year Town CIP
-Comparison of Combined Fees Parks, Police and Transportation

Mr. Saletta gave an overview of the following topics:

-Water Utility Impact Fees Compliance with New Requirements
-Water Utility Impact Fees Land Use Assumptions
-Water Utility Impact Fees Infrastructure Improvements Plan
-Comparison of Combined Fees Potable and Alternative Water

MOTION: A motion was made by Councilmember Hornat and seconded by Vice Mayor Waters to approve Resolution No. (R)14-07, adopting the 2013-2023 land use assumptions and infrastructure improvement plans for the Town of Oro Valley dated October 4, 2013.

MOTION carried, 7-0.

6.

PUBLIC HEARING: ORDINANCE NO. (O)14-01, AMENDING THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT ZONING FOR A 4.9 ACRE PROPERTY, LOCATED AT THE NORTHEAST CORNER OF LA CANADA DRIVE AND MOORE ROAD FROM COMMERCIAL (C-1) TO MEDIUM DENSITY RESIDENTIAL (MDR)


Attachment 1 (O)14-01 Rancho Vistoso PAD Amendment

Attachment 2  Existing Zoning Map

Attachment 3 Location Map

Attachment 4 Site Analysis

Attachment 5 P&ZC Staff Report

Attachment 6 Draft P&ZC Minutes

Attachment 7 Neighborhood Meeting Summary

Attachment 8 Petition of Concern

Planner Rosevelt Arellano gave an overview of item #6.

Applicant Paul Oland, representative for WLB, gave an overview of the proposed PAD amendment.

Mayor Hiremath opened the public hearing.

The following individuals spoke in opposition to item #6.

Oro Valley resident Art Wiese
Oro Valley resident Erica Wiese
Oro Valley resident Les Soldani
Oro Valley resident Bill Adler

Mayor Hiremath closed the public hearing.

Discussion ensued amongst Council and the Applicant regarding the proposed PAD amendment.

MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Zinkin to approve Ordinance No. (O)14-01, rezoning 4.9 acres on the northeast corner of Moore Road and La Canada Drive from PAD Commercial (C-1) to Medium Density Residential (MDR), subject to the conditions in Attachment 1, finding that the request is consistent with the General Plan and adding the condition that lots 14, 15 and 16 shall be single story.

MOTION carried, 7-0.

7.

DISCUSSION AND POSSIBLE ACTION REGARDING EXTENSION OF THE TEMPORARY USE OF A-FRAMES, NON-PROFIT SIGNS AND OUTDOOR DISPLAYS UNTIL FEBRUARY 2, 2015


Economic Development Manager Amanda Jacobs gave an overview of item #7.

The following individuals spoke in opposition to item #7:

Oro Valley resident John Musolf
Oro Valley resident Don Bristow
Oro Valley resident Bill Adler

The following individual spoke in favor of item #7:

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

Discussion ensued amongst Council regarding the extension of the temporary use of A-frames, non-profit signs and outdoor displays.

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Garner to approve extending the temporary use of A-frame signs, non-profit signs and outdoor displays until February 2, 2015.

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

MOTION: A motion was made by Councilmember Snider and seconded by Vice Mayor Waters to approve the temporary use of A-frame signs, non-profit signs and outdoor displays until February 1, 2016.

MOTION carried, 5-2 with Councilmember Garner and Councilmember Zinkin opposed.

8.

AMENDING SECTION 27.3 AND CHAPTER 31 OF THE ZONING CODE RELATIVE TO PUBLIC ART


a.

RESOLUTION NO. (R)14-08, DECLARING THE PROPOSED AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED SECTION 27.3 AND CHAPTER 31 RELATING TO PUBLIC ART, PROVIDED AS EXHIBIT "A" WITHIN THE ATTACHED RESOLUTION AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD


(R)14-08 Declaring Amendments to Section 27.3 & Ch 31 a Public Record

MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Zinkin to approve Resolution No. (R)14-08, declaring the proposed amendments to the Oro Valley Zoning Code Revised Section 27.3 and Chapter 31 relating to Public Art, provided as Exhibit "A" within the attached resolution and filed with the Town Clerk, a public record.

MOTION carried, 7-0.

b.

PUBLIC HEARING: ORDINANCE NO. (O)14-02, AMENDING SECTION 27.3 AND CHAPTER 31 OF THE ZONING CODE RELATIVE TO PUBLIC ART


(O)14-02 Public Art Amendments

Attachment 2 - Outside Reviewers

Attachment 3 - Public Art Guidelines

Attachment 4 - Resident Comments

Attachment 5 - Dick Eggerding Comments

Attachment 6 - Planning and Zoning Commission Staff Report

Attachment 7 - Planning and Zoning Commission Draft Minutes

Attachment 8 - SAACA Letter

Principal Planner Chad Daines gave an overview of item #8b.

Mr. Daines outlined the following topics:

-Public Art Program Background
-Amendment Summary
-Call for Artist Overview
-In-lieu Fee Threshold
-Revised Design Principles
-Public Art Guidelines
-Additional Amendments
-Amendment Review
-Commission Recommendation

Mayor Hiremath opened the public hearing.

The following individuals spoke in opposition to item #8b.

Oro Valley resident John Musolf
Oro Valley resident Don Bristow
Oro Valley resident Bill Adler

Mayor Hiremath closed the public hearing.

Discussion ensued amongst Council regarding the proposed public art amendments.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to adopt Ordinance No. (O)14-02, amending Section 27.3 and Chapter 31 of the Oro Valley Zoning Code Revised relative to public art, finding that the amendment will encourage diversity in public art through the addition of a Call For Artists process and updated Design Review Principles.

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

MOTION: A motion was made by Councilmember Hornat and seconded by Mayor Hiremath to adopt Ordinance No. (O)14-02, amending Section 27.3 and Chapter 31 of the Oro Valley Zoning Code Revised relative to public art, finding that the amendment will encourage diversity in public art through the addition of a Call For Artists process and updated Design Review Principles and to include the following changes:

1.  Amend Section 27.3D.Fee in Lieu of Public Art, to allow the Conceptual Design Review Board (CDRB) to review the Planning and Zoning Administrator's decision and issue a final determination.

2.  Re-instate old Review Criteria #4 as it relates to logos.

3.  Change "shall" to "may" under Section 27.3I.Installation and Maintenance, #1.
     Change "shall" to "may" under Section 27.3F.Process, #6.

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

9.

RESOLUTION NO. (R)14-05, 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


(R)14-05 Amending OV Personnel Manual

Policy 2

2-boldstrikethrough

Policy 9

9-boldstrikethrough

Policy 10

10-boldstrikethrough

Policy 11

11-boldstrikethrough

Policy 16

16-boldstrikethrough

Policy 23

23-boldstrikethrough

Policy 26

26-boldstrikethrough

Policy 29

29-boldstrikethrough

Employee Comments

Human Resources Director Ron Corbin gave an overview of the following proposed personnel policy changes.

-Policy 2 - Definition of Terms
-Policy 9 - Introductory Evaluation Period
-Policy 10 - Attendance and Leaves
-Policy 11 - Discipline
-Policy 23 - Drug Free Workplace
-Policy 26 - Computer Usage...
-Policy 29 - Conflict of Interest

Discussion ensued amongst Council and staff regarding the proposed personnel policies.

MOTION: A motion was made by Mayor Hiremath and seconded by Vice Mayor Waters to approve Resolution No. (R)14-05, repealing and replacing Personnel Policies 2, 9, 10, 11, 16, 23, 26, and 29 and to include changes as discussed.

MOTION failed, 3-4 with Councilmember Burns, Councilmember Hornat, Councilmember Snider, and Councilmember Zinkin opposed.

MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Snider to continue item #9 to a future study session.

MOTION carried, 6-1 with Mayor Hiremath opposed.

10.

DISCUSSION AND POSSIBLE ACTION REGARDING WAIVER OF THE ATTORNEY-CLIENT PRIVILEGE IN ORDER TO MAKE PUBLIC THE TOWN ATTORNEY’S OPINION DATED DECEMBER 5, 2013 REGARDING OPEN MEETING LAW


Discussion ensued regarding waiving the attorney-client priviledge to the opinion dated December 5, 2013 regarding an alleged open meeting law violation.

No action was taken on item #10.

FUTURE AGENDA ITEMS

Vice Mayor Waters requested a future agenda item to consider marginally increasing licensing fees for animal care to offset future deficits as projected by Pima County, seconded by Councilmember Snider.

Councilmember Zinkin requested to place the Desert Springs General Plan Amendment agenda item on the February 5, 2014 Town Council agenda for consideration and possible action, seconded by Councilmember Garner.

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 10:38 p.m.

MOTION carried, 7-0.