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MINUTES ORO VALLEY TOWN COUNCIL REGULAR AND STUDY SESSION OCTOBER 18, 2023 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE

REGULAR SESSION AT OR AFTER 5:00 PM

CALL TO ORDER

Mayor Winfield called the meeting to order at 5:00 p.m.

ROLL CALL

Present:	Joseph C. Winfield, Mayor
	Melanie Barrett, Vice-Mayor
	Tim Bohen, Councilmember
	Harry Greene, Councilmember
	Joyce Jones-Ivey, Councilmember
	Josh Nicolson, Councilmember
	Steve Solomon, Councilmember

EXECUTIVE SESSION

Pursuant to A.R.S. 38-431.03 (A)(3) and(A)(4) for legal advice and direction regarding Liebowitz v. Town of Oro Valley

Pursuant to A.R.S. 38-431.03 (A)(3) and (A)(4) for legal advice and direction regarding Lowe v. Town of Oro Valley


				Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to go into Executive Session at 5:01 p.m., pursuant to A.R.S. 38-431.03 (A)(3) and(A)(4) for legal advice and direction regarding Liebowitz v. Town of Oro Valley, and pursuant to A.R.S. 38-431.03 (A)(3) and (A)(4) for legal advice and direction regarding Lowe v. Town of Oro Valley

		Vote: 7 - 0 Carried
		Mayor Winfield announced that the following staff would be joining Council in Executive Session: Town Manager Jeff Wilkins, Deputy Town Manager Chris Cornelison, Town Attorney Nathan Rothschild, Legal Services Director Tobin Sidles, Attorney from Humphry and Peterson, P.C., representing the Municipal Risk Pool, and Town Clerk Mike Standish.

RESUME REGULAR SESSION AT OR AFTER 6:00 PM

CALL TO ORDER
		Mayor Winfield resumed the Regular Session at 6:00 p.m.

ROLL CALL
		Present: Joseph C. Winfield, Mayor Melanie Barrett, Vice-Mayor Tim Bohen, Councilmember Harry Greene, Councilmember Joyce Jones-Ivey, Councilmember Josh Nicolson, Councilmember Steve Solomon, Councilmember

	1.	DIRECTION TO ATTORNEYS FROM EXECUTIVE SESSION REGARDING THE LOWE V. TOWN OF ORO VALLEY CLAIM
		There was no direction or discussion regarding this item.

	2.	DIRECTION TO ATTORNEYS FROM EXECUTIVE SESSION REGARDING THE LIEBOWITZ V. TOWN OF ORO VALLEY CLAIM
		There was no direction or discussion regarding this item.

PLEDGE OF ALLEGIANCE
		Mayor Winfield led the audience in the Pledge of Alligiance.

UPCOMING MEETING ANNOUNCEMENTS
		Town Clerk Mike Standish announced the upcoming Town Meetings.

MAYOR AND COUNCIL REPORTS ON CURRENT EVENTS
		Councilmember Jones-Ivey recognized Carson Castiglia, an eighth grader at Wilson K-8 School, for his academic excellence and community involvement. Councilmember Bohen reported that he had attended the Sangha Yoga ribbon cutting event held on October 17, 2023. Councilmember Bohen also encouraged citizens to visit Sangha Yoga's new location at the Oro Valley Marketplace. Councilmember Nicolson thanked the 162nd Air National Guard for providing him the opportunity to fly in an F16 airplane. Mayor Winfield recognized Oro Valley Town Attorney Nathan Rothschild, for being a recipient of the Tucson Hispanic Chamber Of Commerce's 40 under 40 award. Mayor Winfield also reported that he and Councilmember Greene had attended the Mother's Against Drunk Driving Tucson Honoring Heroes Recognition Banquet, where Officer Vanessa Molina was recognized for her work in the Oro Valley Community.

TOWN MANAGER'S REPORT ON CURRENT EVENTS
		Town Manager Jeff Wilkins reported the following information: The Friday Night Concert Series had begun. The band Steele Saguaros is scheduled to perform on October 27, 2023. Movies at the Ranch will show October Sky on October 21, 2023. A new This is Oro Valley Pod Cast is available on the Town's website titled Building community at Stacks Book Club. Other This is Oro Valley Pod Casts are available regarding What's Happening in Parks. Welcomed the following new businesses; Cold Beer and Cheeseburgers, Northwest Urgent Care, Northwest Primary Care, Oro Valley Spa, and The Bailey Veterinary Medical Center.

ORDER OF BUSINESS
		Mayor Winfield reviewed the order of business and stated the order would stand as posted.

INFORMATIONAL ITEMS
		There were no informational items.

CALL TO AUDIENCE
		Oro Valley resident Tim Fagan voiced his concerns regarding the proposed Oro Valley Church of the Nazarene rezoning request.

PRESENTATIONS
		There were no presentation items.

CONSENT AGENDA

	A.	Minutes - October 4, 2023


				Motion by Mayor Joseph C. Winfield, seconded by Councilmember Josh Nicolson to approve Consent item (A).

		Vote: 7 - 0 Carried

REGULAR AGENDA

	3.	DISCUSSION, PUBLIC HEARING AND POSSIBLE ACTION ON PROPOSED ZONING CODE AMENDMENTS TO THE PRIVATE RECREATION AREA REQUIREMENTS FOR NEW RESIDENTIAL SUBDIVISIONS, MULTI-FAMILY, AND MIXED-USE DEVELOPMENTS A. RESOLUTION NO. (R)23-38, DECLARING THE PROPOSED AMENDMENTS TO THE ORO VALLEY ZONING CODE CHAPTER 23, ZONING DISTRICTS, CHAPTER 26, PROVISIONS FOR RECREATION AREA, CHAPTER 31 DEFINITIONS AND OTHER RELATED SECTIONS IN ATTACHMENT 1 AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD B. PUBLIC HEARING: ORDINANCE NO. (O)23-04, PROPOSED CODE AMENDMENTS TO THE ORO VALLEY ZONING CODE CHAPTER 23, ZONING DISTRICTS, CHAPTER 26, PROVISIONS FOR RECREATION AREA, CHAPTER 31 DEFINITIONS AND OTHER RELATED SECTIONS


				Motion by Mayor Joseph C. Winfield, seconded by Vice-Mayor Melanie Barrett to approve Resolution No. (R)23-38, declaring the proposed amendments to the Oro Valley Zoning Code in Attachment 1 and, as filed with the Town Clerk, a public record.

				Vote: 7 - 0 Carried
				Principal Planner Milini Simms presented item #3B and included the following: Guidance Research Additional guidance Guidance and objectives Consolidate private recreation areas Increase or establish the size of recreation areas Prioritize high-value private recreation areas Ensure high-quality amenities General Plan compliance Public participation Summary and Recommendation Mayor Winfield opened the public hearing. The following individuals spoke regarding item #3B Oro Valley resident Shirl Lamonna Oro Valley resident David Godlewski Discussion ensued amongst Council and staff regarding the questions presented from the public speakers. Mayor Winfield closed the public hearing. Discussion continued amongst Council and staff regarding item #3B.


				Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Tim Bohen to approve Ordinance (O)23-04, proposed code amendments to Chapter 23, Chapter 26, Chapter 31, and other related sections of the zoning code, except that table 26-1, Recreation Area Standards under apartments, shall add the language, "or 35% total open space, whichever is greater", and to strike the words; decisions may be appealed to the Town Council from section 26.5.C.1.E.4, based on the finding that this is in conformance with the General Plan and Strategic Leadership Plan. Discussion continued amongst Council and staff regarding item #3B.


				Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Tim Bohen to approve Ordinance (O)23-04, proposed code amendments to Chapter 23, Chapter 26, Chapter 31, and other related sections of the zoning code, except that table 26-1, Recreation Area Standards under apartments, shall add the language, "or 35% total open space, whichever is greater", and to strike the words; decisions may be appealed to the Town Council from section 26.5.C.1.E.4, based on the finding that this is in conformance with the General Plan and Strategic Leadership Plan. Discussion continued amongst Council and staff regarding item #3B

Vice Mayor Barrett requested to amend the main motion to approve Ordinance (O)23-04, proposed code amendments to Chapter 23, Chapter 26, Chapter 31, and other related sections of the zoning code, and to strike the words; decisions may be appealed to the Town Council from section 26.5.C.1.E.4, based on the finding that this is in conformance with the General Plan and Strategic Leadership Plan, seconded by Councilmember Bohen.


				Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Tim Bohen FINAL MOTION AS AMENDED, to approve Ordinance (O)23-04, proposed code amendments to Chapter 23, Chapter 26, Chapter 31, and other related sections of the zoning code, and to strike the words; decisions may be appealed to the Town Council from section 26.5.C.1.E.4, based on the finding that this is in conformance with the General Plan and Strategic Leadership Plan.

Vote: 5 - 2 Carried

OPPOSED:	Councilmember Harry Greene
	Councilmember Steve Solomon

FUTURE AGENDA ITEMS

No future agenda items were requested.

ADJOURNMENT OF THE REGULAR SESSION


				Motion by Mayor Joseph C. Winfield, seconded by Councilmember Steve Solomon to adjourn the Regular Session at 7:33 p.m.

		Vote: 7 - 0 Carried

STUDY SESSION

CALL TO ORDER
		Mayor Winfield called the Study Session to order at 7:34 p.m.

STUDY SESSION AGENDA

	1.	DISCUSSION REGARDING TOWN OF ORO VALLEY SPONSORSHIP POLICIES FOR COMMUNITY EVENTS AND TOURISM EVENTS AND DELEGATIONS OF AUTHORITY THAT ALLOW THE TOWN MANAGER TO SIGN SPONSORSHIP AGREEMENTS
		Community and Economic Development Director Paul Melcher presented Study Session item #1 and included the following: Why Sponsorship Policies? Sponsorship Policies: Tourism vs. Community Event Sponsorship Application Scoring: Tourism vs. Community Event Sponsorship Agreement Examples Proposed Signature Authority Future Agenda Item for Town Council Consideration Questions and Discussion Discussion ensued amongst Council and staff regarding Study Session item #1. Council provided comments and general direction to staff regarding the Town of Oro Valley Sponsorship Policies for community events, tourism events, and delegations of authority that allow the Town Manager to sign Sponsorship Agreements.

ADJOURNMENT
		Mayor Winfield adjourned the Study Session at 8:15 p.m.

___________________________________________________
Michelle Stine, MMC
Deputy Town Clerk

I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular and study session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 18th day of October 2023. I further certify that the meeting was duly called and held and that a quorum was present.

____________________________________________________
Michael Standish, CMC
Town Clerk