MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
June 1, 2016
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

Vice Mayor Waters reported that American Airlines would be establishing a non-stop flight from the Tucson International Airport to JFK Airport in New York starting on October 7, 2016.

Mayor Hiremath thanked Town Manager Greg Caton for his service to the Town of Oro Valley and wished him well on his future endeavors.

DEPARTMENT REPORTS

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

ORDER OF BUSINESS

Mayor Hiremath said the agenda would stand as posted.

CALL TO AUDIENCE

Oro Valley resident Stan Winetrobe

thanked Mr. Caton for his service to the community.

Golder Ranch Fire Chief Randy Karrer

thanked Mr. Caton for his leadership and service to the Town of Oro Valley.

Oro Valley resident Don Barnett

was upset with receiving robo-calls and offered a possible solution.  Mr. Barnett said that Mr. Dick Johnson's daughter should have been jailed immediately.  Mr.Barnett was concerned with the high Pima County tax rate and the cost of greens fees at the Town owned golf courses and urged Council to reduce the rate to make it more affordable.

CONSENT AGENDA

Councilmember Zinkin requested to remove items (B) and (C) from the Consent Agenda for discussion.

A.

Minutes - May 19, 2016


5/19/16 Draft Minutes

D.

Resolution No. (R)16-21, authorizing and approving an Intergovernmental Agreement (IGA) between the Town of Oro Valley and the Pima County Recorder to provide election services for the August 30, 2016 Primary Election and the November 8, 2016 General Election


(R)16-21 IGA for Election Services

IGA

E.

Resolution No. (R)16-22, authorizing and approving an intergovernmental agreement (IGA) between the Town of Oro Valley and the City of Tucson for the use of the City's Alternative to Jail (ATJ) Program


(R)16-22 IGA with Tucson for ATJ Program

IGA

F.

Resolution No. (R)16-23, authorizing and approving a license agreement between the Town of Oro Valley and Maracay 91, LLC for installation and maintenance of improvements within the La Canada Drive and Pebble Creek Drive right-of-ways?91, LLC for installation and maintenance of improvements within the La Canada Drive and Pebble Creek Drive right-of-ways


(R)16-23 Center Pointe Vistoso License Agreement

Exhibit A

Exhibit B

G.

Resolution No. (R)16-24, authorizing and approving easements granted by Maracay 91, LLC to the Town of Oro Valley for the purposes of construction and maintenance of drainage facilities located within the La Cañada Drive and Pebble Creek Drive right-of-ways


(R)16-24 Center Pointe Vistoso Drainage Easements

Exhibit A

Exhibit B

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

MOTION carried, 7-0.

B.

Fiscal Year 2015/16 Financial Update through March 2016


Attachment A - General Fund

Attachment B - Highway Fund

Attachment C - Bed Tax Fund

Attachment D-1 Community Center Fund

Attachment D-2 Troon Cash Flow

Attachment D-3 Troon F&B

Attachment E - Summary All Funds

Attachment F - Gen Fund Local Sales Tax

Councilmember Zinkin asked if the Town owned restaurant lost $10,948 in March.  Finance Director Stacey Lemos said that was correct.

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Burns to approve item (B).

MOTION carried, 7-0.

C.

Fiscal Year 2015/16 Financial Update through April 2016


Attachment A - General Fund

Attachment B - Highway Fund

Attachment C - Bed Tax Fund

Attachment D-1 Community Center Fund

Attachment D-2 Troon Cash Flow

Attachment D-3 Troon F&B

Attachment E - Summary All Funds

Attachment F - Gen Fund Local Sales Tax

Councilmember Zinkin inquired about sales tax collections and the Community & Recreation Fund balances.

Discussion ensued amongst Council and staff regarding sales tax collections and the Community & Recreation Fund balances.

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Garner to accept item (C).

MOTION carried, 7-0.

REGULAR AGENDA

1.

PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR MOD PIZZA, LOCATED AT 10580 N. ORACLE RD. #150


MOD Pizza Liquor License

Town Clerk Julie Bower presented item #1.

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 12 Liquor License to the Arizona Department of Liquor Licenses and Control for Andrea Lewkowitz for MOD Pizza, located at 10580 N. Oracle Rd. #150.

MOTION carried, 7-0.

2.

PUBLIC HEARING: ORDINANCE NO. (O)16-08, AMENDING SECTION 25.1.V OF THE ORO VALLEY ZONING CODE REVISED REGARDING THE HOURS OF OPERATION FOR MEDICAL MARIJUANA DISPENSARIES


(O)16-08 Extending Medical Marijuana Dispensary Hours

Attachment 2 - Application

Attachment 3 - Existing hours for Safeway Center

Attachment 4 - Photos of Safeway Center Businesses

Attachment 5 - Existing hours for OV pharmacies

Attachment 6 - PZC report

Attachment 7 - PZC draft meeting minutes

Planner Rosevelt Arellano presented item #2 and outlined the following:

-Request
-Public Safety
-Compatibility of Business Hours
-Summary & Recommendation

Discussion ensued amongst Council and staff regarding item #2.

Mayor Hiremath opened the public hearing.

The following individuals supported item #2.

William Meeks
Oro Valley resident Paula Dabbert
Oro Valley resident Monica Ismay
Oro Valley resident Debra Arrett

The following individual opposed item #2.

Oro Valley resident Shirl Lamonna

Jenifer Corey, representative for Catalina Care, gave an overview of the Catalina Care dispensary and discussed the following:

-About Catalina Care
-What Do We Propose?
-Site Location
-MMJ History
-Locations in Metro Tucson
-Hours of Operation
-Is This a Public Safety Problem?
-Community Benefit
-Neighborhood Outreach

Discussion ensued amongst Council and the Applicant regarding the proposed ordinance to increase the hours of operation for medical marijuana dispensaries.

MOTION: A motion was made by Councilmember Zinkin and seconded by Vice Mayor Waters to approve Ordinance No. (O)16-08, amending Section 25.1.V of the Oro Valley Zoning Code regarding the hours of operations for medical marijuana dispensaries, finding that the amendment is consistent with other retail operations.

An amendment was made by Councilmember Hornat and seconded by Mayor Hiremath to set the hours of operations for medical marijuana from 7:00 a.m. to 8:00 p.m.

AMENDMENT:  Fails 2-5, with Vice Mayor Waters, Councilmember Burns, Councilmember Garner, Councilmember Snider and Councilmember Zinkin opposed.

MOTION carried, 6-1 with Councilmember Hornat opposed.

Mayor Hiremath recessed the meeting at 7:16 p.m.

Mayor Hiremath reconvened the meeting at 7:25 p.m.

3.

MOTION FOR RECONSIDERATION OF THE MAY 19, 2016 APPROVAL TO AMEND THE FY 2015/16 ADOPTED BUDGET BY POSTPONING TO FY 2016/17 THE FIRST ANNUAL $120,000 REPAYMENT OF THE $1.2 MILLION IN GENERAL FUND CONTINGENCY RESERVES LOANED TO THE COMMUNITY CENTER FUND IN FY 2014/15


Councilmember Burns presented item #3.

Discussion ensued amongst Council regarding the proposed motion for reconsideration.

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Burns to approve the motion for reconsideration of the May 19, 2016 approval to amend the FY 2015/16 adopted budget by postponing to FY 2016/17 the first annual $120,000 repayment of the $1.2 million in General Fund Contingency Reserves loaned to the Community Center Fund in FY 2014/15.

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

4.

PRESENTATION OF FIVE-YEAR FINANCIAL FORECAST THROUGH FY 2020/21


General Fund Forecast

General Fund Assumptions

General Fund Chart

Highway Fund Forecast

Highway Fund Assumptions

Highway Fund Chart

Bed Tax Fund Forecast

Bed Tax Fund Assumptions

Bed Tax Fund Chart

Community Center Fund Forecast

Community Center Fund Assumptions

Community Center Fund Chart

Finance Director Stacey Lemos presented item #4 and outlined the following:

-Forecast Overview
-General Fund Revenues & Expenditures
-General Fund Forecast - Current
-General Fund Forecast - March 2011
-Highway Fund Revenues & Expenditures
-Highway Fund Forecast
-Bed Tax Fund Revenues & Expenditures
-Bed Tax Fund Forecast
-Community Center Fund Revenues & Expenditures
-Community Center Fund Forecast

Discussion ensued amongst Council and staff regarding the five-year financial forecast through FY 2020/2021.

5.

PUBLIC HEARING: RESOLUTION NO. (R)16-25, APPROVING THE ADOPTION OF THE FINAL BUDGET OF THE TOWN OF ORO VALLEY FOR THE FISCAL YEAR 2016/17, INCLUDING APPROVAL OF THE 15-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) FROM FY 2016/17 THROUGH FY 2030/31


(R)16-25 Adopting Final Budget for FY 2016/17

Auditor General Schedules

15-Year CIP 6.1.16

Mr. Caton presented item #5 and outlined the following: -FY 16/17 Budget Timeline

Ms. Lemos presented the following:

-FY 16/17 Final Budget
-Budget vs. Actual Comparison - All Funds
-Capital Improvement Program (CIP)

Mayor Hiremath opened the public hearing.

The following individual spoke on item #5

Oro Valley resident Neill Freeman

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Vice Mayor Waters and seconded by Mayor Hiremath to approve Resolution No. (R)16-25, approving the adoption of the final budget of the Town of Oro Valley for the Fiscal Year 2016/17 and further MOVE to approve the Town of Oro Valley 15-Year Capital Improvement Program for FY 2016/17 through FY 2030/31.

Discussion ensued amongst Council and staff regarding the proposed final budget for FY 2016/17.

Councilmember Burns presented his PowerPoint presentation regarding the Community Center and Golf Course operations and financials.

Councilmember Snider made an amendment to the main motion to keep the funding for the swings in the amount of $$$$ in the FY 2016/17 final budget but wait for a recommendation from the Parks & Recreation Advisory Board as to where the swings should be placed.  The amendment was agreed to by Mayor Hiremath and Vice Mayor Waters.

Councilmember Snider withdrew her amendment.

Mayor Hiremath clarified that the motion on the table was to approve the final budget as presented which included the funding for swings at a park to be determined at a later date.

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

FUTURE AGENDA ITEMS

Councilmember Garner requested a future study session to discuss resident issues regarding Calle Concordia 680, seconded by Councilmember Zinkin.

CALL TO AUDIENCE

No comments were received.

ADJOURNMENT

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Zinkin to adjourn the meeting at 9:20 p.m.

MOTION carried, 7-0.