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

PRESENT:

Satish Hiremath, Mayor Lou Waters, Vice Mayor Brendan Burns, Councilmember Joe Hornat, Councilmember Mary Snider, Councilmember Mike Zinkin, Councilmember

ABSENT:

Bill Garner, Councilmember

Vice Mayor Waters attended the meeting via telephone.

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Snider to go into Executive Session at 5:01 p.m. pursuant to A.R.S. section 38-431.03(A)(4) for consultation and discussion with the attorneys for the Town in the matter of Chacon v. Town of Oro Valley and Drolet v. Town of Oro Valley.

MOTION carried, 6-0.

Mayor Hiremath stated that the following staff members would join Council in Executive Session:  Town Attorney Tobin Rosen, Town Manager Greg Caton and Town Clerk Julie Bower. He also reserved the right to call on Development and Infrastructure Services Director Paul Keesler and Police Commander Jason Larter and outside Counsel Marshall Humphrey from the firm Humphrey and Peterson.

Mayor Hiremath called the meeting to order at 6:00 p.m.

PRESENT:

Satish Hiremath, Mayor Lou Waters, Vice Mayor Brendan Burns, Councilmember Bill Garner, Councilmember Joe Hornat, Councilmember Mary Snider, Councilmember Mike Zinkin, Councilmember

Vice Mayor Lou Waters and Councilmember Garner attended the meeting via telephone.

Mayor Hiremath led the audience in the Pledge of Allegiance.

Communications Administrator Misti Nowak announced the upcoming Town meetings.

Councilmember Snider thanked all of the Town Departments that were represented at the National Night Out event last night.

Town Manager Greg Caton announced that the Vista Community Newsletter was now available in a quarterly limited print version but would continue to be available online as well.

Town Clerk Julie Bower announced that new artwork was on display in the Council chambers by artist Margaret Behrendt.

Mayor Hiremath stated that item #6 would be heard before item #3 and the remaining agenda would stand as posted.

1.	Proclamation - Edward Jones Bag-A-Thon to benefit the Interfaith Community Services Food Bank

Proclamation

Mayor Hiremath proclaimed Oct. 3 - Nov. 3, 2012 as the 6th annual Edward Jones Bag-A-Thon.

Ken Blanchard, Edward Jones - Oro Valley, spoke about the Edward Jones Bag-A-Thon and urged the community to help meet the goal of 50,000 pounds of donated food.

urged Council to make sound decisions and avoid events that could damage the Town.

encouraged Council to adopt a Code of Conduct and Ethics for elected officials.

urged Council to reconsider establishing a fine structure for violating the Temporary Sign Code Section of the Town Code.

asked Council to avoid alienating one element of the population when favoring another regarding land use matters.

requested that Council consider paving the unfinished portion of the Canyon del Oro Wash bike trail from approximately Fry's grocery store to the Oro Valley Marketplace.

Councilmember Zinkin requested that items (C) and (D) be removed from the Consent Agenda for discussion.

A.	Minutes - June 20, 2012

June 20, 2012 Draft Minutes

B.	Police Department Statistics - July 2012

OVPD Statistics 07-2012

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Snider to Approve items (A)-(B).

MOTION carried, 7-0.

C.	Resolution No. (R)12-55, Authorizing and directing the Water Utility Director to execute and file an application to modify the designation of Assured Water Supply filed with the Arizona Department of Water Resources

R12-55 Assured Water Supply Application

Draft AWS Application

Councilmember Zinkin asked what the likelihood would be that the Arizona Department of Water Resources (ADWR) would not approve the application.

Water Utility Director Philip Saletta stated that the odds were extremely low that the ADWR would not approve the application.

MOTION: A motion was made by Mayor Hiremath and seconded by Councilmember Hornat to Approve item (C).

MOTION carried, 7-0.

D.	Appointment of Interim Town Attorney

Discussion ensued regarding the appointment of an Interim Town Attorney.

MOTION: A motion was made by Mayor Hiremath and seconded by Councilmember Snider to appoint Tobin Sidles as Interim Town Attorney effective October 8, 2012 until a new Town Attorney was hired and that Tobin Rosen continue to serve under the terms of his existing contract with the Town until his retirement on January 3, 2013.

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

1.	POSSIBLE DIRECTION TO TOWN ATTORNEY WITH REGARD TO CHACON v. TOWN OF ORO VALLEY

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Zinkin to direct the Town Attorney to proceed as discussed in Executive Session with regard to the case of Chacon v. Town of Oro Valley.

MOTION carried, 7-0.

2.	POSSIBLE DIRECTION TO TOWN ATTORNEY WITH REGARD TO DROLET v. TOWN OF ORO VALLEY

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Zinkin to direct the Town Attorney to proceed as discussed in Executive Session with regard to the case of Drolet v. Town of Oro Valley.

MOTION carried, 7-0.

6.	DISCUSSION AND POSSIBLE ACTION REGARDING PROCEDURES FOR FUTURE AGENDA ITEMS

MOTION: A motion was made by Councilmember Snider and seconded by Mayor Hiremath to continue item #6 until after the Strategic Plan.

MOTION carried, 7-0.

3.	ECONOMIC EXPANSION ZONE (EEZ) OVERLAY DISTRICT WITHIN RANCHO VISTOSO NEIGHBORHOOD 3 (INNOVATION PARK)

a.	RESOLUTION NO. (R)12-56, DECLARING THE PROPOSED AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED SECTION 22.9 AND SECTION 24.9 AND THE ZONING MAP, ATTACHED HERETO AS EXHIBIT "A" AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD

Attachment 1 - (R)12-56 Declaring a Public Record

Attachment 2 - (O)12-15 Adding Section 24.9 Economic Expansion Zone

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Hornat to Approve Resolution No. (R)12-56, declaring the proposed amendments to the Oro Valley Zoning Code Revised Section 22.9 and Section 24.9 and the Zoning Map, attached hereto as Exhibit "A" and filed with the Town Clerk as a public record.

MOTION carried, 7-0.

b.	PUBLIC HEARING: ORDINANCE NO. (O)12-15, AMENDING THE ORO VALLEY ZONING CODE REVISED, CHAPTER 22.9, DESIGN REVIEW AND ADDING SECTION 24.9, ECONOMIC EXPANSION ZONE AND AMENDING THE ZONING MAP

Attachment 1 - (O)12-15 Economic Expansion Zone

Attachment 2 - 9/4/12 PZC Report

Attachment 3 - Public Comment

Attachment 4 - Stakeholder Meeting Summary

Attachment 5 - Public Meeting Summary

Senior Planner Matt Michels gave an overview of item #3b.

Planning Manager David Williams addressed the following Administrative Procedures for EEZ implementation.
-Interactive webpage
-Listserv subscription
-Submittal Tracker Tool
-Council reporting
-Open house review & comment

Mayor Hiremath opened the public hearing.

The following individuals spoke in favor of item #3b.

Oro Valley resident Gil Alexander

President and CEO of the Greater Oro Valley Chamber of Commerce Dave Perry

The following individuals spoke in opposition to item #3b.

Oro Valley resident Shirl Lamonna

Oro Valley resident Donald Bristow

The following individuals were undecided on item #3b.

Oro Valley resident John Musolf

Oro Valley resident Bill Adler

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Burns to adopt Ordinance No. (O)12-15, amending the Zoning Code and Zoning Map to create an Economic Expansion Zone in Innovation Park, as shown in Exhibit "A", finding that:

1. The EEZ furthers the Town's goal of attracting and retaining targeted industries and businesses that produce high quality primary jobs
2. Innovation Park is the Town's primary employment area with substantial vacant land for development
3. Innovation Park is physically and visually buffered from nearby residential neighborhoods
4. The EEZ offers a significant time savings for applicants, thus improving our competitive position in attracting and retaining desired businesses and industries
5. All Zoning Standards and design standards relating to aesthetics and community fit will be upheld and maintained through the review process
6. The creation of high quality employment increases demand for housing, which in turn increases property values
7. Stakeholders are supportive of the EEZ overlay district
   
   and adding the following public input procedures:
   -Interactive webpage
   -Listserv subscription
   -Submittal Tracker tool
   -Council reporting
   -Open house review & comment

Councilmember Snider made a friendly amendment to change the term "neighborhood meeting" to "open house".  This amendment was agreed to by Councilmember Zinkin and Councilmember Burns.

MOTION carried, 7-0.

Mayor Hiremath recessed the meeting at 7:52 p.m.

Mayor Hiremath reconvened the meeting at 8:02 p.m.

4.	PUBLIC HEARING - ORDINANCE NO. (O)12-16, AMENDING THE EL CONQUISTADOR PLANNED AREA DEVELOPMENT LOCATED ON THE NORTHEAST CORNER OF LA CANADA DRIVE AND LAMBERT LANE TO ALLOW TWO OFF-SITE COMBINATION FUEL/MONUMENT SIGNS LOCATED IN PROXIMITY TO THE NORTHEAST CORNER OF LA CANADA DRIVE AND LAMBERT LANE

Attachment 1 - (O)12-16 Amending the El Conquistador PAD

ATTACHMENT 2 - PZC STAFF REPORT

ATTACHMENT 3 - APPLICATION 1 OF 2

ATTACHMENT 4 - APPLICATION 2 OF 2

Attachment 5 - Existing & Proposed Sign Locations

Attachment 6 - Existing & Proposed Sign Locations

Mr. Williams gave an overview of item #4.

Mayor Hiremath opened the public hearing.

The following individual spoke in favor of item #4.

Representative of Fry’s, Andy Gibson

Oro Valley resident Bill Adler

The following individuals spoke in opposition to item #4.

Oro Valley resident Donald Bristow

Oro Valley resident Jim Harrison

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Garner to adopt Ordinance No. (O)12-16 with the exception of removing the fuel pricing sign on Lambert Lane.

Councilmember Snider requested an amendment to the original motion to stipulate that the sign have architectural enhancements to help blend in with the remaining signage on the property.  The amendment was agreed to by Councilmember Zinkin and Councilmember Garner.

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

Vice Mayor Waters fell ill and was excused from the meeting.

MOTION: A motion was made by Mayor Hiremath and seconded by Councilmember Hornat adopt Ordinance No. (O)12-16, amending the El Conquistador Planned Area Development located on the northeast corner of La Canada Drive and Lambert Lane to allow two off-site combination fuel/monument signs located in proximity to the northeast corner of La Canada Drive and Lambert Lane.

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

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Hornat continue item #5 until all seven members of the Council were present.

MOTION carried, 6-0.

5.	REQUEST FOR APPROVAL OF A PLANNED AREA DEVELOPMENT EXEMPTION FROM THE ROONEY RANCH, AREA B SIGN GUIDELINES FOR THE TACO BELL RESTAURANT LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND FIRST AVENUE

ATTACHMENT 1 - CONDITIONS OF APPROVAL

ATTACHMENT 2 - CDRB STAFF REPORT

ATTACHMENT 3 - CDRB DRAFT MINUTES

ATTACHMENT 4 - APPLICATION

ATTACHMENT 5 - SITE MAP

Mr. Williams gave an overview of item #5.

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Burns to Approve the PAD exemption from the Rooney Ranch, Area B Sign Guidelines for the Taco Bell restaurant subject to the conditions outlined in Attachment 1.

Attachment 1

Conditions of Approval

 

Rooney Ranch Area B

Request for Approval of PAD Sign Exemption

OV312-005

 

 

1.                   No more than three (3) elevations shall contain a wall sign.

 

      2.         The total wall sign area for the east elevation shall not exceed forty (40%) percent of the total allowable area.

MOTION carried, 6-0.

Councilmember Hornat requested a future agenda item to review Tobin Rosen's employment contract, seconded by Mayor Hiremath.

Mayor Hiremath requested that the Fry's fuel/monument sign agenda item be placed on the October 17, 2012 agenda, seconded by Councilmember Snider.

No comments were received.

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Hornat to Adjourn the meeting at 9:03 p.m.

MOTION carried, 6-0.