MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
April 6, 2016
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
Mayor Hiremath called the meeting to order at 5:00 p.m.
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PRESENT: |
Satish Hiremath, Mayor
Brendan Burns, Councilmember
Bill Garner, Councilmember
Joe Hornat, Councilmember
Mary Snider, Councilmember
Mike Zinkin, Councilmember
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| EXCUSED: |
Lou Waters, Vice Mayor
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MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Zinkin to go into Executive Session at 5:01 p.m. pursuant to ARS 38-431.03(A)(1) Personnel Matter regarding the Town Manager's annual performance review.
MOTION carried, 6-0.
Mayor Hiremath said the following staff members would join Council in Executive Session: Town Manager Greg Caton, Town Attorney Gary Verburg and Town Clerk Julie Bower.
Mayor Hiremath called the meeting to order at 6:00 p.m.
|
PRESENT: |
Satish Hiremath, Mayor
Brendan Burns, Councilmember
Bill Garner, Councilmember
Joe Hornat, Councilmember
Mary Snider, Councilmember
Mike Zinkin, Councilmember
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| EXCUSED: |
Lou Waters, Vice Mayor
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Mayor Hiremath led the audience in the Pledge of Allegiance.
Communications Administrator Misti Nowak announced the upcoming Town meetings and events.
Councilmember Zinkin attended the National League of Cities Congressional City Conference in Washington D.C. from March 5-9, 2016. He attended sessions at which they discussed the Every Student Succeeds Act (ESSA), accessing and applying for grants through Grant Finder and configuring meeting agendas to utilize a study session format prior to the regular meeting.
Councilmember Snider recognized Molly Garnand, 5th grader at Painted Sky Elementary, for her kindness, enthusiasm to learn and self-motivation.
Town Clerk Julie Bower announced that new artwork was on display in the Council Chambers by artist Jean Beck.
Town Attorney Gary Verburg reported that at the last Council meeting held on March 2, 2016, concerns were raised regarding two Zoning Code issues. The first issue concerned outdoor displays and the second issue concerned the sale of RV's in C-2 zoning. With respect to the outdoor display issue, in 2011, the Town Council adopted an ordinance which suspended the prohibition against the use of outdoor displays. The time deadline for the prohibition was initially set to expire in 2013 but the time deadline had been extended on several occasions by the Town Council. Recently, on January 20, 2016, the Town Council approved an additional extension of the temporary use of outdoor displays until February 6, 2017, therefore, Mr. Verburg said he believed that no violation had occurred.
Regarding the issue of the sale of RV's in the Rancho Vistoso PAD, zoned C-2, Mr. Verburg said because the Oro Valley Zoning Code didn't contain a specific classification for RV sales, the Planning & Zoning Administrator made an interpretation that the closest classification to RV sales was car sales, thus allowing the sale of RV's in C-2 zoning. This interpretation was not appealed to the Board of Adjustment so the interpretation was final and therefore, the sale of RV's was lawful under the Town Code.
Police Chief Danny Sharp said at the last Council meeting on March 2, Councilmember Zinkin thanked the Police Chief for reducing Police Department overtime expenses by approximately $200,000 compared to the same time last fiscal year. Chief Sharp clarified that the actual amount of savings was approximately $27,000 not $200,000.
Mayor Hiremath reviewed the order of business and said the agenda would stand as posted.
| 1. |
Councilmember Garner and Councilmember Zinkin - 2016 NLC Congressional City Conference Trip Report |
Councilmember Snider referenced the Parks and Recreation letter of appreciation which thanked staff for keeping the archery range in great condition and thanked the volunteers who monitored the archery range.
was concerned with certain Councilmembers' lack of understanding regarding Police Department operations and recommended that Council read a book entitled, "Proven Strategies for Effective Community Oriented Policing" written by Steven L. Rogers.
, President of Freedom's Foundation at Valley Forge - Tucson Chapter, said the Foundation was an educational institution that honored civic virtue and implored individuals to become involved. Mr. Simmons talked about the Spirit of American Youth Leadership program and recognized Tristian Ugalde and Lily Tees, seniors at Ironwood Ridge High School, for winning the essay competition. The program included a mock congress, a free enterprise challenge and various leadership skill activities.
disagreed with the Town's written response regarding two Zoning Code issues that he discussed at the March 2, 2016 regular Council meeting. He believed the interpretations made by staff distorted Code and were used only to fit the agenda of staff and Council.
spoke on the proposed rezoning at the Southeast corner at Lambert Road and La Cholla Boulevard. She was concerned with traffic, dangerous turn-outs onto La Cholla Boulevard, hydrology issues, lot sizes were incompatible with existing homes in the area and the rezoning would displace wildlife. She urged Council to deny the proposed rezoning.
Mayor Hiremath proclaimed the week of April 10-16, 2016 as National Public Safety Telecommunicators Week in the Town of Oro Valley, in honor of the men and woman whose diligence and professionalism keep our Town and citizens safe.
Michelle Devault, Oro Valley Police Department Communications Manager, accepted the proclamation on behalf of the Oro Valley Police dispatchers.
| A. |
Minutes - March 2, 2016 |
| C. |
Request for approval of an amended Final Plat for Campo Bello, Tract 1, located at the northwest corner of Hardy Road and Calle Buena Vista |
| F. |
Resolution No. (R)16-13, authorizing and approving an Intergovernmental Agreement (IGA) between Pima County and the Town of Oro Valley for the Pima County Wireless Integrated Network (PCWIN) subscriber services |
MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Snider to approve Consent Agenda items (A), (C) and (F).
MOTION carried, 6-0.
Councilmember Zinkin inquired about the Fiscal Year 2015/16 Financial Update through January 2016 and discussed his concerns regarding sales tax revenues and Community Center Fund revenues and expenditures.
Discussion ensued amongst Council and staff regarding the Fiscal Year 2015/16 Financial Updates through January, 2016.
MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Garner to approve item (B).
MOTION carried, 5-1 with Councilmember Zinkin opposed.
Councilmember Zinkin asked for clarification regarding the proposed lots and setbacks. Senior Planner Michael Spaeth said the patios were attached in groups.
MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Burns to approve item (D).
MOTION carried, 6-0.
Councilmember Zinkin asked for clarification regarding General Note #6. Mr. Spaeth responded that the language in General Note #6 was standard on final plats.
Discussion ensued amongst Council and staff regarding possible drainage issues.
MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Burns to approve item (E).
MOTION carried, 6-0.
Councilmember Garner asked for clarification regarding the proposed meeting date change. Mayor Hiremath said the proposed meeting date change was due to the fact that Canyon Del Oro High School and Ironwood Ridge High School both generally held their graduation ceremonies on the Tuesday and/or Wednesday of the third week of May.
MOTION: A motion was made by Councilmember Garner and seconded by Councilmember Zinkin to approve item (G).
MOTION carried, 6-0.
Human Resources Director Gary Bridget presented item #1 and outlined the following:
-Increase in On-Call Pay
-Increase in Shift Differential Pay
-Eliminating Consideration of Sick Leave for Overtime
-Lowering Employer Paid Healthcare Premiums of Employee Only Healthcare Premiums
-Formatting and Other Minor Corrections
Discussion ensued amongst Council and staff regarding the proposed MOU between the Public Safety Employees and the Town of Oro Valley.
MOTION: A motion was made by Councilmember Snider and seconded by Mayor Hiremath to approve Resolution No. (R)16-14, approving a Memorandum of Understanding between public safety employees and the Town of Oro Valley pursuant to Chapter 4, Section 4-1-8 of the Town Code, Public Safety Employee Relations and Processes.
Councilmember Burns made the following three amendments to the main motion:
Amendment #1: Add the following language after the last sentence in Section 1.16, "DURING HOURS OTHER THAN MEMBERS REGULAR HOURS AND/OR DAILY WORK".
Amendment #2: Section 7.01, change 50% to 100% so as to read, "The Town agrees to pay 100% of the officer's sick leave hours that have accrued above 480 hours to the surviving spouse and all dependents of an officer who dies as a direct result of performing police duties."
Amendment #3: Attachment "B", #13 shall read, "One hundred percent of the member's long-term disability insurance premium is paid by Town for non-A.S.R.S. participant members FROM EITHER PRE-TAX OR POST-TAX DOLLARS AT THE OFFICERS DISCRETION".
Mr. Bridget and Officer Marshall Morris said they agreed with the first proposed amendment but preferred to research the second and third proposed amendments in order to understand the full fiscal impact.
Councilmember Burns withdrew his third amendment and requested that a Council Report be created and distributed regarding the fiscal impact of the requested change and then bring the amendment back before Council at a later date for consideration and possible action.
Councilmember Snider agreed only to Amendment #1.
MOTION carried, 6-0.
MOTION: A motion was made by Councilmember Burns and seconded by Councilmember Garner
to modify Section 7.01 by changing 50% to 100% so as to read, "The Town agrees to pay 100% of the officer's sick leave hours that have accrued above 480 hours to the surviving spouse and all dependents of an officer who dies as a direct result of performing police duties".
MOTION carried, 5-1 with Mayor Hiremath opposed.
Mayor Hiremath recessed the meeting at 7:44 p.m.
Mayor Hiremath reconvened the meeting at 7:54 p.m.
Town Manager Greg Caton presented item #2 and outlined the following:
-FY 16/17 Budget Timeline
-Budget Snapshot
-Strategic Plan Budget Focus Areas
-Fiscal Responsibility
-Communication
-Economic Development
-Parks, Recreation and Cultural Development
-Community Infrastructure and Services
Finance Director Stacey Lemos spoke on the FY 16/17 Recommended Budget and outlined the following:
-New Initiatives
-Financial Overview
-Revenue Projections
-Personnel Changes
-Capital Improvement Program (CIP)
-Awards and Accolades
| 3. |
**PUBLIC HEARING: ORDINANCE NO. (O)16-04, REZONING AN APPROXIMATELY 141-ACRE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF LA CHOLLA BOULEVARD AND LAMBERT LANE FROM R1-144 TO R1-43 AND USE OF MINIMUM LOT SIZE, BUILDING HEIGHT AND MODIFIED REVIEW PROCESS FLEXIBLE DESIGN OPTIONS (Removed from the agenda on 4/4/16 at 4:45 p.m. per the request of the applicant) |
MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Burns to approve Resolution No. (R)16-15, declaring the proposed amendments to Section 28 and related sections of the Oro Valley Zoning Code regarding sign lighting, a public record.
MOTION carried, 6-0.
Zoning Plans Examiner Patty Hayes presented item #4b. and outlined the following:
-Purpose
-Sign Lighting
-Wall Signs with LED Lighting
-Kelvin Measurement
-Kelvin Temperature of LED Wall Signs
-Message Board with LED
-Nits for Message Boards with LED
-Enforcement
-General Plan
-Recommendation
Mayor Hiremath opened the public hearing.
No comments were received.
Mayor Hiremath closed the public hearing.
Discussion ensued amongst Council, staff and Dave Perry, President and CEO of the Greater Oro Valley Chamber of Commerce, regarding the proposed ordinance establishing lighting standards for signs.
The following individual spoke in favor of item 4b.
Oro Valley resident Donald Bristow
Hy Kaplan, representative for Hy-Light Design, clarified that LED signs could not be easily made brighter. Instead, the sign would have to be taken apart and a new brighter strand of LED's inserted into the sign. Brightness levels for fuel signs were factory set and would require a manufacturer to change the brightness setting.
MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Hornat to approve Ordinance No. (O)16-05, an amendment to Section 28 and related sections of the Oro Valley Zoning Code establishing lighting standards for signs, based on a finding that the amendment is consistent with the General Plan.
MOTION carried, 6-0.
| 5. |
**PUBLIC HEARING: ORDINANCE NO. (O)16-06, AMENDING SECTION 22.9 OF THE ORO VALLEY ZONING CODE REVISED RELATED TO MINOR FINAL PLAT AMENDMENTS (Removed from the agenda on 4/4/16 at 4:45 p.m.) |
Councilmember Zinkin presented item #6.
Discussion ensued amongst Council and staff regarding an ordinance eliminating engine braking in the Town of Oro Valley.
The Town Council directed staff to place signage near town limits informing drivers that engine breaking was not allowed within Town limits.
Councilmember Zinkin presented item #7.
Discussion ensued amongst Council and staff regarding placing a question to sell Town assets on the ballot at an upcoming election.
No direction was given to Town staff.
Councilmember Zinkin requested a future agenda item to review the council agenda format and include a study session prior to the regular session meeting, seconded by Councilmember Burns.
No comments were received.
MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Garner to adjourn the meeting at 8:57 p.m.
MOTION carried, 6-0.