MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
November 16, 2011
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 6:03 p.m.

ROLL CALL

PRESENT:
Satish Hiremath, Mayor
Mary Snider, Vice Mayor
Bill Garner, Councilmember
Barry Gillaspie, Councilmember
Joe Hornat, Councilmember
Steve Solomon, Councilmember
Lou Waters, 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.

COUNCIL REPORTS

Councilmember Hornat attended the November 11th Veterans celebration in Sun City.

Councilmember Solomon attended the first annual Painted Sky Parent Teacher Organization (PTO) fundraising event at The Keg Steakhouse and Bar on Saturday.

Vice Mayor Snider and Councilmember Gillaspie attended the National League of Cities conference in Phoenix.

Mayor Hiremath visited the Arizona State Veterans Home on Veterans Day.

DEPARTMENT REPORTS

No reports were received.

ORDER OF BUSINESS

Mayor Hiremath stated that the agenda would stand as posted.

INFORMATIONAL ITEMS

1.

Library Customer Feedback Form


Library Customer Feedback Form

CALL TO AUDIENCE

No comments were received.

CONSENT AGENDA

Councilmember Hornat requested that item (C) be pulled from the Consent Agenda so that it could be discussed and voted upon separately.

A.

April 20, 2011 Town Council Minutes


4 20 11

B.

Police Department Statistics - September 2011


PD Statistics - September 2011

D.

Cancellation of the December 21, 2011 regular Town Council Meeting


E.

Approval of 2012 Regular Town Council Meeting Schedule


2012 Meeting Schedule

F.

Resolution No. (R)11-73, Approving the Granting of a Utility Easement to the Town of Oro Valley from the Spiritual Assembly of the Baha’is of Oro Valley for the purpose of constructing water utility facilities


Reso 11-73

Easement

G.

Resolution No. (R)11-74, Authorizing and approving an access easement between the Town of Oro Valley and Ronald G. and Jolene Bishop for a secondary access to the Lambert Lane booster site


Reso 11-74

Easement

H.

Resolution No. (R)11-75, Authorizing and approving a grant in kind agreement between the Town of Oro Valley and the Arizona State Library, Archives and Public Records Division for the funding and implementation of a virtual workforce workstation


Reso 11-75

Virtual Workforce Workstations In Kind Grant

MOTION: A motion was made by Councilmember Hornat and seconded by Vice Mayor Snider to approve items (A)-(B) and (D)-(H). MOTION carried, 7-0.


C.

Fiscal Year 2011/12 Financial Update Through September 2011


Attachment A - General Fund

Attachment B - Highway Fund

Attachment C - Bed Tax Fund

Attachment D - Vacancy Savings Report

Attachment E - Summary All Funds

Councilmember Hornat requested clarification regarding the local sales tax projection.

Finance Director Stacey Lemos stated that the year end sales tax projection was on target with the budget.

MOTION:  A motion was made by Councilmember Hornat and seconded by Vice Mayor Snider to approve item (C).

MOTION carried, 7-0.

REGULAR AGENDA

1.

PUBLIC HEARING: ORDINANCE NO. (O)11-29, AMENDING ORO VALLEY TOWN CODE ARTICLE 5-5, MAGISTRATE COURT FEES, SECTION 5-5-1(A)14, COURT SECURITY FEE


Ord 11-29

Judge George Dunscomb gave an overview of the item and stated that the change was due to new legislation that changed the total amount of surcharges that could be collected.  The overall court security fee would remain the same.

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 Solomon to adopt Ordinance No. (O)11-29, amending the Oro Valley Town Code Article 5-5, Magistrate Court Fees, Section 5-5-1(A)14, Court Security Fee.

MOTION carried, 7-0.

2.

REQUEST FOR APPROVAL OF CONCEPTUAL SITE PLAN AND CONCEPTUAL ARCHITECTURE FOR ST. MARK CHURCH, LOCATED ON THE SOUTHEAST CORNER OF TANGERINE ROAD AND SHANNON ROAD


Attachment 1 - Conditions of Approval

Attachment 2 - 10-11-11 CDRB Report & Conditions of Approval

Attachment 3 - DRAFT 10-11-11 CDRB Minutes

Attachment 4 - Conceptual Site Plan & Conceptual Landscape Plan

Attachment 5 - Conceptual Architecture

Attachment 6 - Rezoning Tentative Development Plan

Attachment 7 - Rezoning Conditions of Approval

Attachment 8 - Rezoning Neighborhood Issues Table

Attachment 9 - Public Art Renderings

Attachment 10 - 5-10-11 Art Review Commission Report

Senior Planner Matt Michels gave a brief overview of the proposed Conceptual Site Plan.  He stated that the proposal included a new sanctuary, religious education & social hall buildings and a large central courtyard.  Building heights would range from 16 feet to 45 feet.  A key focus of the proposal was to preserve the existing wash.

Mr. Michels reviewed the following Site Plan Design Principles:

-Building location, orientation and size shall promote a complementary relationship between structures

-Site grading shall minimize impacts on natural grade and landforms

-Connectivity:  Create pedestrian connections internally and externally

Councilmember Waters inquired as to what Design Principle required a change to the building colors from the original proposal.

Mr. Michels said that there was concern that the color scheme was too dark.  The Conceptual Design Review Board (CDRB) recommended looking at lightening the color to resemble more of a natural earth tone.

Mr. Michels reviewed the conceptual architecture request for the sanctuary building.  The building height would be 45 feet and the existing context was primarily vacant land and one-story homes.

Through adherence to the Design Standards, multiple materials would be used in the construction of the building such as cultured stone, stucco, concrete arches, metal roof (looked like clay tile), etc.

In conclusion, Mr. Michels said that the Conceptual Architecture was in conformance with Architectural Design Principles and that the CDRB recommended approval subject to conditions in Attachment 1.

Planning Manager David Williams clarified the color change request from the CDRB and stated that a variance was not required for the property.

Vice Mayor Snider asked why the original color palette was chosen.

Architect Cliff True with BCDM Architects said that the original color was chosen because the colors presented were acceptable for the area and they provided contrast with the other lighter colors.

MOTION:  A motion was made by Councilmember Solomon and seconded by Councilmember Waters to approve the Conceptual Site Plan for St. Mark Church subject to conditions in Attachment 1 while striking Part II:  Conceptual Architecture condition #1 and further moved to approve the Conceptual Architecture for St. Mark Church sanctuary buildings subject to the conditions in Attachment 1 less condition #1 under Part II:  Conceptual Architecture.

Attachment 1
Conditions of Approval
St. Mark Catholic Church
OV1211-11

Part I: Conceptual Site Plan


Engineering:

1. The developer may provide an in-lieu fee to the Town as an alternative to constructing the multi-use path along Tangerine Road. An estimate provided by the developer for the constructed cost of the multi-use path shall be reviewed and approved by Town staff prior to submittal of the in-lieu fee. Planning: 1. All previous rezoning conditions (OV910-02; Ord. (O) 11-12) shall be met with the final site plan. 2. A separate recreation area plan shall be submitted at time of development.

3. A complete Conceptual Site Plan is required prior to submittal of the Final Site Plan.

Part II: Conceptual Architecture

1. (ADDED BY CDRB) The applicant shall work with staff to use a lighter color palette.

MOTION carried, 7-0.


3.

PUBLIC HEARING: ORDINANCE NO. (O)11-27, AMENDING THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT DISTRICT BY ADDING SPECIAL AREA POLICY 13 TO NEIGHBORHOOD POLICIES FOR NEIGHBORHOOD 7, LOCATED AT THE NORTHWEST CORNER OF RANCHO VISTOSO BLVD. AND TANGERINE ROAD


Ord 11-27

Attachment 2 - Zoning Map

Attachment 3 - October 19 Council Report

Attachement 4 - October 19 Council Attachments

Mayor Hiremath apologized for mis-information that was distributed regarding tree removals on Rancho Vistoso Blvd.  He initially stated that the Rancho Vistoso HOA tagged the trees for removal but the correct reason for the marked trees was to indicate where the story poles were to be placed.  No trees were slated for removal.

Interim Development and Infrastructure Services Director Paul Keesler explained that Tucson Electric Power (TEP) received a permit to do work along Woodburne Avenue.  This work was for systems expansion and had no connection to this project.  Survey crews located and tagged the areas where the story poles were to be placed.  The tags were subsequently removed from the trees after the story poles were installed.

Planning Manager David Williams gave an overview of the Planned Area Development Amendment which was proposed to add a new special area policy to clarify that multi-family residential (apartments) were permitted on Parcel 7-I.

The following concerns were raised at the October 19th Council meeting.

-Twenty residents spoke in opposition, two in favor
-Impact on home values, crime and traffic
-Non-compatibility w/single-family character of Rancho Vistoso
-Quality of apartments
-Other sites better suited near employment
-Access to Woodburne Avenue

The applicant requested a sixty (60) day continuance to allow additional time to find mutually beneficial solutions to the issues that were raised at the October 19th Council meeting.

Town Attorney Tobin Rosen stated that the current request for the PAD amendment, because of the number of protests received, would require a 3/4 super majority vote from the Council in order for it to pass.  If the alternative process was to be invoked and an interpretation was requested from the Planning and Zoning Administrator, it would require a simple majority vote of the Council to approve.

Councilmember Gillaspie asked if the applicant was planning to ask for an interpretation within the sixty (60) day continuance period.

Applicant Keri Sylvan stated that they were not planning on submitting a request for an interpretation at this time.

MOTION:  A motion was made by Mayor Hiremath and seconded by Councilmember Hornat to continue item number three (3) to the January 18th regular meeting.

Councilmember Hornat preferred that the item be re-noticed.

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

FUTURE AGENDA ITEMS

Councilmember Solomon requested that an informal Employee/Council exchange be held in January with a minimum two week notice to employees, seconded by Vice Mayor Snider.

CALL TO AUDIENCE

No comments were received.

Vice Mayor Snider encouraged residents to shop locally during "Black Friday" to help the town’s sales tax revenue.

ADJOURNMENT

MOTION:  A motion was made by Councilmember Waters and seconded by Councilmember Hornat to adjourn the meeting at 6:42 p.m.

MOTION carried, 7-0.