Mayor Hiremath called the meeting to order at 5:00 p.m.
Satish Hiremath, Mayor
Mary Snider, Vice Mayor
Bill Garner, Councilmember
Barry Gillaspie, Councilmember
Joe Hornat, Councilmember
Steve Solomon, Councilmember
Lou Waters, Councilmember
MOTION: A motion was made by Councilmember Waters and seconded by Vice Mayor Snider to go into Executive Session at 5:00 p.m. to discuss personnel matters regarding the terms and conditions of employment of Interim Town Manager and recruitment for permanent Town Manager pursuant to ARS 38-431.03(A)(1).
MOTION carried, 7-0.
Mayor Hiremath stated that the following staff members would join Council in Executive Session: Interim Town Manager Greg Caton, Town Attorney Tobin Rosen and Town Clerk Julie Bower.
Mayor Hiremath called the meeting to order at 6:00 p.m.
Satish Hiremath, Mayor
Mary Snider, Vice Mayor
Bill Garner, Councilmember
Barry Gillaspie, Councilmember
Joe Hornat, Councilmember
Steve Solomon, Councilmember
Lou Waters, Councilmember
Mayor Hiremath led the audience in the Pledge of Allegiance.
Interim Town Manager Greg Caton announced the upcoming Town meetings.
No reports were received.
Deputy Police Chief Larry Stevens reported that the Oro Valley Police Department and Golder Ranch Fire Department had been requested to present the Colors at the Major League Baseball All-Star game at Chase Field on July 12, 2011.
Councilmember Solomon reported that two Oro Valley Police Department School Resource Officers (SRO) had received the SRO officer of the year award.
Mayor Hiremath stated that the order would stand as posted.
1. Staff Recognition Letter
2. DIS Customer Feedback Forms
Oro Valley resident Donald Bristow was displeased with the treatment of staff by Councilmember Waters. He inquired as to why Council revisited Rosemont Mine and felt that the reason why a neutral stance was taken was to give the mine a positive talking point that Oro Valley was no longer opposing the mine.
Golder Ranch Fire Chief Randy Karrer stated that on June 16, Golder Ranch Fire Department had begun to service the La Cholla Airpark annexation area. He thanked Gil Alexander, President of the La Cholla Airpark for informing the residents of the benefits of the annexation. Chief Karrer reported that the La Cholla Airpark residents would now have fire protection and ambulance services.
There were no presentations.
Councilmember Waters requested that items (G) and (H) be removed from the Consent Agenda so that the items could be voted upon separately.
Councilmember Solomon requested that item (K) be removed from the Consent Agenda so that the item could be voted upon separately.
Councilmember Hornat requested that item (L) be removed from the Consent Agenda so that the item could be voted upon separately.
A. Minutes - May 13, 2011 Joint Study Session w/Marana
B. Fiscal Year 2010/11 Financial Update Through May 2011
C. Police Department - April 2011 Statistics
D. DIS Permitting Division Reports May 2011
E. DIS Transit Division Monthly Report May 2011
F. Resolution No. (R)11-46, authorizing and approving an intergovernmental agreement between the Town and the State of Arizona Department of Transportation for the final phase of the Canada del Oro shared use path from First Avenue to Steam Pump Village
I. Resolution No. (R)11-49, Authorizing and Approving an Intergovernmental Agreement Between the Town of Oro Valley and Pima County for Payment for the Incarceration of Municipal Prisoners
J. Vistoso Community Association (VCA) request for exemption from Rancho Vistoso Planned Area Development (PAD) Sign System Guidelines for entryway signs to permit the use of Oro Valley Zoning Code revised sign standards in order to update the appearance of certain community signs
M. Request for approval of a Development Plan for Vistoso Commerce Loop office building consisting of a medical office, located at 2285 N. Vistoso Commerce Loop
N. Request for approval of a Development Plan for QuikTrip convenience store and gas station within the Steam Pump Village Planned Area Development
MOTION: A motion was made by Councilmember Waters and seconded by Vice Mayor Snider to approve Consent Agenda items (A)-(F), (I), (J), (M) and (N).
MOTION carried, 7-0.
H. Resolution No. (R)11-48, authorizing and approving a High Intensity Drug Trafficking Area (HIDTA) grant agreement between the City of Tucson and the Town of Oro Valley, allowing for one (1) officer to be assigned to the Pima County HIDTA Investigative Task Force
Councilmember Waters asked what the financial impact would be for the town regarding items (G) and (H).
Deputy Police Chief Larry Stevens stated that both grants would be cost neutral to the town. The salaries and benefits for all three positions would be completely reimbursed to the town but in the budget, capacity would have to be built in in order to accept the reimbursed grant money.
Councilmember Garner asked why the contracts were retro-active and inquired as to if the town had been reimbursed for all expenses.
Deputy Chief Stevens believed that the town had been reimbursed for all expenses.
Councilmember Garner asked why Exhibit "A" was not included in the packet materials for items (G) and (H).
Deputy Chief Stevens stated that the actual grant agreement was previously approved by Council and there had been no change in terminology or grant language since then.
MOTION: A motion was made by Councilmember Garner and seconded by Councilmember Gillaspie to continue items (G) and (H) to the July 20, 2011 Council meeting.
MOTION failed, 1-6 with Mayor Hiremath, Vice Mayor Snider, Councilmember Gillaspie, Councilmember Hornat, Councilmember Solomon and Councilmember Waters opposed.
MOTION: A motion was made by Councilmember Solomon and seconded by Vice Mayor Snider to approve items (G) and (H).
MOTION carried, 6-1 with Councilmember Garner opposed.
Councilmember Solomon stated that the rezoning for this project was approved in 2005. He was concerned about the length of the extensions because there had been an enormous amount of change in town standards over this time period such as the new environmentally sensitive lands ordinance, new landscape requirements and a new sign ordinance, etc.
Planning Manager David Williams suggested that if Council supported the extension that the approval should be conditioned upon the applicant revising the development plan to comply with both the Landscape Code and water harvesting requirements.
Discussion ensued regarding what the potential impact would be if the extension was not be approved.
Councilmember Waters asked if there would be a set back to the developer if the extension was approved with conditions.
Bob Solfisburg, Development Manager of the Bighorn Commerce Center said that he wanted to keep the project shovel ready. He felt that there had been some progress and that he was in the middle of discussions with the neighbors regarding a modification to some zoning conditions. He felt that the grading, paving and drainage plans were set and wouldn’t change and that the aforementioned conditions mentioned by staff were reasonable.
Oro Valley resident Susan Bell had no objection to developing the southeast corner of Oracle Road and Ram’s Field Pass but did not want to see fast food restaurants or convenience stores built at this location. Her property backed up directly to the development area and she wanted to keep it a pleasing and safe place.
Planning Manager David Williams stated that the applicant had started a rezoning process on the property which was separate and distinct from the development plan. There had been two neighborhood meetings to review the proposed zoning change. The essence of the change was to allow additional commercial uses that were not currently permitted. Residents were concerned about proposals for fast food restaurants.
Oro Valley resident Tom Dyer opposed the extension of the Bighorn Commerce Development plan. He felt that the plan was not in the best interest of his neighborhood nor the Town of Oro Valley. He urged Council to oppose the extension and to oppose further zoning exceptions for the property.
Councilmember Hornat felt that it was a harmless extension as long as the new Code requirements would be applied.
Mr. Williams clarified that the plan extension would be for office and retail buildings.
Permitting Manager Paul Keesler gave an overview of the permitting process.
Councilmember Garner asked what the monetary expenses would be for the applicant to start the development plan from scratch.
Mr. Keesler stated that application fees would be approximately $5,000.
MOTION: A motion was made by Councilmember Gillaspie and seconded by Councilmember Waters to approve the request for a one year time extension subject to all new Town of Oro Valley standards including the Design Standards as approved.
MOTION carried, 7-0.
Permitting Manager Paul Keesler gave an overview of item (L) and stated that Arizona Department of Transportation (ADOT) had issued comments regarding the site as it pertained to the proposed location of the entrance into Taco Bell. ADOT preferred that the entrance not be made because of a concern about possible traffic backing up onto Oracle Road due to car stacking in the drive-thru.
Mr. Keesler stated that the Town’s design standards for drive-thru’s required that they must be able to accommodate nine vehicles. He felt that the current Taco Bell design standard would easily accomodate nine vehicles.
Mr. Keesler recommended approving the development plan along with the conditions as stated.
Mayor Hiremath asked what would happen if the conditions were removed.
Mr. Keesler stated that the conditions could be removed but was concerned about the message that would be sent to ADOT since they had voiced their concerns.
MOTION: A motion was made by Councilmember Gillaspie and seconded by Vice Mayor Snider to accept ADOT’s conditions and give staff authority to work out the arrangements to make the development plan workable.
Al Kipella with Kipella Architects stated that there was a 330 foot deceleration lane on Oracle Road which could handle another 12-15 vehicles and would not affect traffic along Oracle Road. He also felt that the driveway was the least used of the three driveways that go into this particular development.
MOTION carried, 7-0.
Town Attorney Tobin Rosen gave an overview of the proposed amendment.
Mayor Hiremath opened the public hearing.
No comments were received.
Mayor Hiremath closed the public hearing.
MOTION: A motion was made by Councilmember Waters and seconded by Councilmember Garner to adopt Ordinance No. (O)11-19.
MOTION carried, 7-0.
Water Utility Director Philip Saletta gave an overview of the item and stated that renewable water was needed due to:
-Declining water levels in the town wells
-Protecting and preserving the aquifer
-Meeting assured water supply requirements
-Reducing the town’s reliance on Central Arizona Groundwater Replenishment District
-Deferring major capital costs for development of the town's CAP water
Councilmember Waters asked how the aquifer would benefit with the adoption of the IGA and inquired as to how much rates would be affected.
Mr. Saletta stated that groundwater demand would be reduced which would extend the life of the aquifer and that there would be a slight increase to water bills in the range of 1.3% to 4% which would amount to an average increase of $.85 to $1.75 per month.
Councilmember Garner asked if the IGA would help to preserve water credits.
Mr. Saletta stated that the agreement would help the town preserve credits although it would slightly increase total purchases of Central Arizona Project Water in order to accommodate this project as well as continue to build up credits for future use.
MOTION: A motion was made by Councilmember Gillaspie and seconded by Councilmember Hornat to approve Resolution No. (R)11-50 authorizing and approving an intergovernmental agreement between the City of Tucson and the Town of Oro Valley relating to the short-term delivery of Central Arizona Project Water.
MOTION carried, 7-0.
3. ZONING CODE AMENDMENT RELATIVE TO THE ADOPTION OF DESIGN STANDARDS
MOTION: A motion was made by Vice Mayor Snider and seconded by Councilmember Waters to adopt Resolution No. (R)11-51 declaring as a public record Zoning Code amendment relative to the adoption of the Design Standards, replacing the existing Addendum "A" Design Guidelines of Zoning Code OV711-006 attached hereto as Exhibit "A" and filed with the Town Clerk.
MOTION carried, 7-0.
Senior Planner Chad Daines gave an overview of the revised Design Standards.
Councilmember Solomon felt that most family’s preferred to purchase homes in cul-de-sacs because they helped to create a sense of community amongst families. He preferred to strike item 6 on page 3.3 in the Design Standards which stated that cul-de-sacss and dead-end streets should not be encouraged.
Councilmember Hornat agreed that cul-de-sacs were favorable amongst families.
Councilmember Waters agreed that cul-de-sacs were preferred because they were safer for families and children.
Councilmember Gillaspie was concerned with item I.1a on page 2-6 where it stated that drive-thrus shall not be located adjacent to the road unless no other functional design solution could be identified. He did not want to see drive-thrus that abutted residential areas forced away from the road and placed near residential areas.
Mr. Daines stated that the town would take the visibility of the drive-thru from the roadway as well as the adjacency to the residential area into consideration.
Planning Manager David Williams suggested that Council direct staff to modify the section in order to make it clear since the history of the town had been that drive-thrus that were visible in scenic corridors were not preferred.
Mayor Hiremath opened the public hearing.
Oro Valley resident David Godlewski with the Southern Arizona Homebuilders Association felt that the Design Standards process was very inclusive and had a good mix of private sector experience. The majority of comments were taken into consideration and reflected in the final version. He felt that foresighted architecture should be encouraged and was comfortable with the language presented by staff regarding two-story homes.
Oro Valley resident Bill Adler felt that language such as "should" and "may" should appear in the General Plan, not the Code. He felt that definitions should be clear so that they could be easily applied.
Mayor Hiremath closed the public hearing.
Councilmember Solomon requested that Council consider expanding the allowable colors and materials that could be used for single family residential design such as barrio type architecture. The standards would still prohibit these types of colors to be visible from any street.
Councilmember Waters agreed that it could bring a new vibrance or creativity to the community.
Councilmember Hornat felt like there was some ambiguity regarding colors in the proposed Design Standards but didn't agree that the barrio color pattern should be used.
Councilmember Garner asked if there was any language in the scenic corridor ordinance or the General Plan that would speak to the scenic corridor or colors.
Mr. Williams suspected that there was some language in the scenic corridor ordinance and that the Code should be scrubbed for inconsistencies. Generally, the community had been very conservative with colors.
MOTION: A motion was made by Councilmember Solomon and seconded by Councilmember Hornat to adopt, with conditions, Ordinance No. (O)11-20 repealing Oro Valley Zoning Code Revised Addendum A, Design Standards; Adopting new Oro Valley Zoning Code Revised, Addendum A, Design Standards as shown in Exhibit A with the conditions being that item H2 on page 3-15 regarding vibrant colors be stricken and that item 3-3 regarding cul-de-sacs be stricken and that item I.1.a, page 2-6 be modified to allow the location of drive thru’s be adjusted by staff to accommodate residential use for the purpose of solving problems with adjacency to residential use.
MOTION carried, 7-0.
4. ZONING CODE AMENDMENT - CHAPTER 22, REVIEW AND APPROVAL PROCEDURES
MOTION: A motion was made by Vice Mayor Snider and seconded by Councilmember Waters to adopt Resolution No. (R)11-52 declaring as a public record that certain document entitled Chapter 22, Review and Approval Procedures, Section 22.2, General Plan Amendment Procedures of the Oro Valley Zoning Code Revised.
MOTION carried, 7-0.
Planning Manager David Williams gave an overview of the item and stated that it was designed to help make town processes more accessible to the development community to help get things done in a more timely fashion.
The proposed amendment would expand timeframes for Major General Plan Amendments (January thru April) and staff felt that the expanded timeframes would still allow adequate public review time.
Mayor Hiremath opened the public hearing.
Oro Valley resident David Godlewski with the Southern Arizona Homebuilders Association supported the proposed change to expand the timeframe to submit General Plan Amendments. He felt that the proposed change was consistent with what other jurisdictions had in place.
Oro Valley resident Gil Alexander felt that the 1,000-foot distance for notification was not sufficient and recommended that it be re-written to expand the notification area, especially in areas with larger lots.
Mayor Hiremath closed the public hearing.
MOTION: A motion was made by Councilmember Gillaspie and seconded by Councilmember Hornat to adopt Ordinance No. (O)11-21 amending the Oro Valley Zoning Code Revised, Chapter 22, Review and Approval Procedures, Section 22.2, General Plan Amendment Procedures with a modification that 6b referencing property owner notice within 1,000 feet include the ability for the Zoning Administrator under section 22.15 to notice unusually large property areas that may not meet the 1,000-foot notification radius.
MOTION carried, 7-0.
5. TAX CODE AMENDMENTS
MOTION: A motion was made by Vice Mayor Snider and seconded by Councilmember Waters to approve Resolution No. (R)11-53 declaring as a public record that certain document filed with the Town Clerk and entitled "The 2010-11 Amendments to the Tax Code of the Town of Oro Valley", attached hereto as Exhibit "A" and filed with the Town Clerk.
MOTION carried, 7-0
Finance Director Stacey Lemos discussed the proposed Tax Code amendments. Ms. Lemos stated that the first amendment would create a new definition for the phrase "Medical Marijuana" and made it clear that medical marijuana sales would be taxable at the regular retail tax rate in all cities and towns. The second amendment dealt with the extension of the tax exemption status for the installation of solar devices and extending the tax exemption status through 2017. The third amendment dealt with commercial rentals between two related corporations. The amendment wouldn’t affect the Town of Oro Valley because the town did not tax commercial rentals. The last amendment dealt with the treatment of successor privilege tax liability in the event of a foreclosure.
Ms. Lemos stated that the amendments wouldn’t significantly affect the Town’s tax base and recommended approval of the amendments.
Mayor Hiremath opened the public hearing.
No comments were received.
Mayor Hiremath closed the public hearing.
MOTION: A motion was made by Councilmember Waters and seconded by Councilmember Hornat to approve Ordinance No. (O)11-22 adopting the 2010-11 amendments to the Tax Code of the Town of Oro Valley.
MOTION carried, 7-0.
Mayor Hiremath stated that no action would be taken at this time.
No future agenda items were requested.
No comments were received.
MOTION: A motion was made by Councilmember Waters and seconded by Vice Mayor Snider to adjourn the meeting at 8:11 p.m.
MOTION carried, 7-0.