MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
November 7, 2012
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
REGULAR SESSION AT OR AFTER 5:00 PM

CALL TO ORDER

Mayor Hiremath called the meeting to order at 5:00 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
    •  Spotlight on Youth

Councilmember Mary Snider reported on the grand opening of the archery range at Naranja Park on November 1st and said that the Wilson K-8 Archery Club was invited to draw the first bows.

Vice Mayor Waters attended the archery range ribbon cutting ceremony at Naranja Park on November 1st.

Archery expert Meghan Bunge, Senior at Ironwood Ridge High school, talked about her archery background and thanked the Council for opening the archery range.

??? Bunge said that the new archery range at Naranja Park would help attract many state-wide tournaments since it was located near restaurants, shops and lodging and encouraged students and residents to attend their next archery practice on Saturday, November 17th at 8:00 a.m.

DEPARTMENT REPORTS

Ms. Nowak announced additional upcoming Town meetings and events.

ORDER OF BUSINESS

Mayor Hiremath stated that the agenda would stand as posted.

INFORMATIONAL ITEMS

1.

Public Safety Providers Quarterly Report - 1st Quarter FY 2012-2013 (July - Sept. 2012)


Public Safety Providers Quarterly Report - 1st quarter FY 2012-2013 (July - Sept. 2012)

CALL TO AUDIENCE

No comments were received.

CONSENT AGENDA

Councilmember Zinkin requested that item (C) be removed from the consent agenda for discussion.

A.

Minutes - March 23, 2011, February 15, 2012, September 5, 2012, September 19, 2012


3/23/11 Draft Minutes

2/15/12 DRAFT Minutes

9/5/12 DRAFT Minutes

9/19/12 DRAFT Minutes

B.

Resolution No. (R)12-59, authorizing and approving an Intergovernmental Agreement between the Town of Oro Valley and Pima County for the town to bill and collect sewer user fees on behalf of Pima County


R12-59 Sewer Billing

IGA for sewer billing

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

MOTION carried, 7-0.

C.

Resolution No. (R)12-60, authorizing and approving an Intergovernmental Agreement between Pima County and the Town of Oro Valley for the Pima County Wireless Integrated Network


R12-60 Pima County Wireless Integrated Network

Attachment #2 - PCWIN IGA

IGA Exhibit A - Governance Agreement

Councilmember Zinkin asked if the funds outlined in the IGA had been budgeted.

Police Chief Danny Sharp said that the funds had not yet been budgeted since the project would likely commence in the latter part of Fiscal Year 2013/14.

Councilmember Garner asked how the user fees would be assessed.

Chief Sharp said that each subscribing unit would have an assessment and that as more users were added, assessments would come down.

MOTION: A motion was made by Councilmember Zinkin and seconded by Vice Mayor Waters to Approve Resolution No. (R)12-60, authorizing and approving an Intergovernmental Agreement between Pima County and the Town of Oro Valley for the Pima County Wireless Integrated Network.

MOTION carried, 7-0.

REGULAR AGENDA

1.

PRESENTATION AND ACCEPTANCE OF THE TOWN'S ANNUAL FINANCIAL AUDIT FOR FISCAL YEAR ENDED JUNE 30, 2012


FY 2012 CAFR

Govt Audit Stds Ltr

Finance Director Stacey Lemos said that the auditors from Heinfeld Meech & Company had completed the independent financial audit of the Town's records as of June 30, 2012 and had rendered a clean or unqualified opinion on those financial statements.

Corey Arvizu, CPA, and Jim Rebenar, CPA, Partner and Manager of Heinfeld, Meech and Co., gave an overview of the Town's financial audit.

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Zinkin to Accept the Town's financial audit for fiscal year ended June 30, 2012.

MOTION carried, 7-0.

2.

PUBLIC HEARING - DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 10 (BEER & WINE STORE) LIQUOR LICENSE FOR SPROUTS FARMERS MARKET #11 LOCATED AT 7665 N ORACLE ROAD


Sprouts Farmers Market #11 - Liquor License

Town Clerk Julie Bower gave an overview of item #2.

Mayor Hiremath opened the public hearing.

No comments were received.

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Garner to recommend approval of the issuance of a Series 10 liquor license to the Arizona Department of Liquor Licenses and Control for Randy Nations and principals of Sprouts Farmers Market #11 located at 7665 N. Oracle Road.

MOTION carried, 7-0.

3.

PRESENTATION AND ACCEPTANCE OF THE WATER RATES ANALYSIS REPORT DATED NOVEMBER 7, 2012


Water Rates Analysis Report 2012

Water Utility Director Philip Saletta presented the water rates analysis report dated November 7, 2012 and stated that no water rate increases were needed next year.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to Accept the water rates analysis report dated November 7, 2012 with the recommendation that there would not be a water rate increase for fiscal year 2012/13.

MOTION carried, 7-0.

4.

PUBLIC HEARING - ORDINANCE NO. (O)12-20, AMENDING THE ORO VALLEY ZONING CODE REVISED, SECTION 22.9, DESIGN REVIEW; REGARDING THE SUBMITTAL OF NATIVE PLANT PRESERVATION, SALVAGE AND MITIGATION PLANS


Attachment 1 - (O)12-20 NPSMP Amendment

Attachment 2 - Ordinance No. (O) 12-11

Attachment 3 - 9/5/12 Town Council Communication

Attachment 4 - 9/19/12 Town Council Communication

Councilmember Hornat requested the reconsideration of item #4 and gave an overview of the requested amendment.

Mayor Hiremath opened the public hearing.

No comments were received.

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Snider to Approve Ordinance No. (O)12-20, amending a portion of Section 22.9 of the Oro Valley Zoning Code relating to the timing of Native Plant Salvage and Mitigation Plans.

MOTION carried, 7-0.

5.

RESOLUTION NO. (R)12-61, AMENDING THE EXISTING PARKS AND RECREATION FEE SCHEDULE TO INCLUDE THE ADDITION OF ARCHERY RANGE FEES


(R)12-61 Establishing Archery Fees

Attachment A - Proposed Archery Fees

Parks, Recreation, Library & Cultural Resources Department Director Ainsley Legner gave an overview of the proposed archery range fees.

Oro Valley resident Hank Adair spoke on the proposed fee structure and operating rules of the archery range.

Oro Valley resident Gerry Perry spoke on and supported the proposed fee structure.

MOTION: A motion was made by Councilmember Snider and seconded by Vice Mayor Waters to Approve Resolution No. (R)12-61, amending the existing Parks and Recreation fee schedule to include the addition of archery range fees as outlined in Attachment A and to include the following amendments:

1.  Daily Fees:  $5.00 per person per day
2.  Student annual pass with student ID: $30.00
3.  Adult (19 and above) annual pass:  $60.00
4.  Ages 12 and under are free

MOTION carried, 7-0.

Mayor Hiremath recessed the meeting at 6:42 p.m.

Mayor Hiremath reconvened the meeting at 6:52 p.m.

6.

RESOLUTION NO. (R)12-62, AMENDING THE CONCEPTUAL DESIGN REVIEW BOARD'S RULES AND PROCEDURES, SECTION 2 SUBSECTION 1


(R)12-62 Amending CDRB Rules & Procedures

Planning Manager David Williams gave an overview of item #6.

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Zinkin to Approve Resolution No. (R)12-62, amending the Conceptual Design Review Board's Rules and Procedures to reflect a seven (7) member board of which four (4) members should possess professional design expertise and experience.

MOTION carried, 7-0.

7.

REQUEST FOR APPROVAL OF CONCEPTUAL SITE PLAN AND CONCEPTUAL ARCHITECTURE FOR THE SAN DORADO AT ORO VALLEY TOWN CENTRE COMMERCIAL AND MULTI-FAMILY RESIDENTIAL DEVELOPMENT LOCATED ON THE EAST SIDE OF ORACLE ROAD AND FIRST AVENUE


Attachment 1 - CDRB-Recommended Conditions of Approval

Attachment 2 - Staff-Recommended Conditions of Approval

Attachment 3 - Conceptual Site Plan

Attachment 4 - 10/9/12 CDRB Staff Report-Conceptual Site Plan

Attachment 5 - Conceptual Architecture

Attachment 6 - 10/9/12 CDRB Staff Report-Conceptual Architecture

Mr. Williams briefly outlined the history of the proposed San Dorado development.

Senior Planner Matt Michels gave an overview of item #7.

Brad Anderson with Kitchell Development Company spoke on the proposed Conceptual Site Plan and Architecture.

Rick Butler, President of Butler Design Group of Phoenix, spoke on the proposed Conceptual Site Plan.

Mayor Hiremath opened the public hearing.

The following individuals spoke in opposition to item #7.

Oro Valley resident Kurt Weirich


Oro Valley resident Jerry Robin


Oro Valley resident Sarah Raney


Oro Valley resident Judy Teiser


Oro Valley resident Bill Creeden


Oro Valley resident Debbie Creeden


Oro Valley resident Bill Adler


The following individual spoke in support of item #7.

Oro Valley resident Tom Chase


Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Councilmember Hornat and seconded by Vice Mayor Waters to Approve the Conceptual Site Plan for the San Dorado at Oro Valley Town Centre Commercial and Multi-Family Residential Development located on the east side of Oracle Road and First Avenue, subject to the conditions in Attachment 2, Part I, finding that the Conceptual Site Plan meets applicable Design Principles and Standards.

Attachment 2
Staff Recommended Conditions of Approval
San Dorado-OV Town Centre at Rooney Ranch
Conceptual Site Plan
OV1212-08

Part I: Conceptual Site Plan

Engineering:
1.  Traffic circulation and other issues associated with the drive-throughs shall be addressed as part of the Conditional Use Permit review. As currently proposed, staff would not be able to support the requested drive-throughs.

2.  The developer shall work with ADOT to adjust the traffic signal timing as outlined in the Traffic Impact Analysis (TIA) to improve the level of service at the Oracle Road / Pusch View Lane and Oracle Road / La Reserve Drive intersections.

3.  A revised TIA will be required once the land uses are known for Phase 1b / Parcel B to review lane requirements for the Pusch View Lane eastbound approach to the Oracle Road intersection. 

4.  A revised TIA will be required when the future development south of Rooney Wash is in the planning stage to review the need for a separate right-turn lane on First Avenue westbound at the Oracle Road intersection. The developer shall bare all cost for the design and installation of the turn lane and any other necessary mitigation such as removing the existing bus stop and installing a bus pullout on Oracle Road.  

5.  A revised TIA will be required for the horizon year 2020 to determine the actual timing of installing the dual southbound left turn lanes at the Oracle Road / Pusch View Lane and Oracle Road / La Reserve Drive intersections.  

6.  The developer shall be required to periodically, as development occurs, review the operation of the Oracle Road / First Avenue intersection and the interaction with the eastbound left turn lane into the bank parcel (southeast corner of the intersection). If the operation is unacceptable, the developer shall provide any necessary mitigation measures to improve the operation at the developer's expense.  

7.  The developer has submitted a detention waiver request for the project. The detention waiver request is currently under review and a final decision shall be made once the drainage report has been submitted by the applicant and reviewed by the Town of Oro Valley and the Pima County Flood Control District.

Planning:
1.  Show locations of courtyard/plaza areas on CSP.  2.  Provide a sidewalk on both sides of the entry drive into the commercial area between Shops B and C connecting from the sidewalk along Oracle Road to the plaza area between Pads "G" and "H".

3.  Phase "I" roadway and parking improvements shall be constructed concurrent with Phase "A" (the Civic Space) in order to provide parking and access to the Civic Space.

4.  The south and west perimeter of Pad "I" (Phase H) shall be landscaped, or the native vegetation shall be preserved, at the time of grading to minimize visibility of the vacant pad from Oracle Road and the main entry drive.

5.  Details associated with the drive-throughs shall be reflected on the Final Site Plan or revised Final Site Plan.

6.  A shared use path shall be provided along the entire length of the Rooney Wash, with provision for a future connection point to the La Reserve development to the north.

7.  To accommodate future public artwork or other appropriate public improvements in proximity to the main project entry, a note shall be added to the Conceptual Site Plan stating that the applicant will work with the Town to identify potential location(s) for the placement of artwork or improvements of a mutually-agreeable design, theme, and location.  If agreement is reached, an easement or similar shall be granted to the Town for the placement of said artwork or improvements.


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

Mr. Michels gave an overview of the proposed Conceptual Architecture for the San Dorado development.

MOTION: A motion was made by Mayor Hiremath and seconded by Councilmember Hornat to Approve the Conceptual Architecture for the San Dorado at Oro Valley Town Centre Commercial and Multi-Family Residential Development located on the east side of Oracle Road and First Avenue, subject to the conditions in Attachment 1, Part II, finding that the Conceptual Architecture meets applicable Design Principles and Standards.

Attachment 1
CDRB Recommended Conditions of Approval
San Dorado-OV Town Centre at Rooney Ranch
Conceptual Architecture
OV1212-08

Part II: Conceptual Architecture

1.  For the apartment portion, the same color scheme shall not be repeated on adjacent residential buildings or residential buildings directly across from each other. The revised color scheme reflecting at least 3 separate but complimentary color schemes shall be submitted for Town review.

2. A plan depicting the entry features must be submitted for review and approval by staff to confirm compliance with Section II.C., Areas 1&2 Development Criteria #11.

3. Shade elements shall be provided on all west facing facades on apartment buildings 1, 2, and 14 to limit heat gain. 

4. Additional shade elements such as colonnades shall be provided along walkways in front (west) of commercial shops B, C, and D to eliminate "shade gaps" for pedestrians.

MOTION carried, 7-0.

8.

DISCUSSION AND POSSIBLE ACTION REGARDING TEMPORARY SIGN RELIEF FOR BUSINESSES FRONTING LAMBERT LANE IMPACTED BY THE CURRENT STREET CONSTRUCTION PROJECT


Development and Infrastructure Services Director Paul Keesler gave an overview of item #8.

The following individuals spoke in support of item #8.

Oro Valley resident Donald Bristow


Oro Valley resident Kathleen Stupp


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


The following individual spoke in opposition to item #8.

Oro Valley resident Bill Adler


MOTION: A motion was made by Councilmember Zinkin and seconded by Vice Mayor Waters to Approve temporary Zoning Code sign relief for businesses fronting Lambert Lane within the current construction zone with the following restrictions:

1.  Any sign utilized must match the form, standards and construction type of signs already offered in the Zoning Code.

2.  This sign relief concludes at the end of construction.

3.  No more than one (1) sign per business shall be allowed.

4.  Staff shall work out the appropriate signage within the signs allowed in Code to fully assist businesses to the greatest extent possible.

5.  All applicable permit fees shall be waived.

MOTION carried, 7-0.

FUTURE AGENDA ITEMS

Councilmember Waters requested a future agenda item to discuss a Code change that would allow a fountain or water feature in public gathering areas, seconded by Councilmember Snider. 

CALL TO AUDIENCE

Oro Valley resident John Musolf

inquired as to what the outcome was of the recent appointment of an Interim Town Attorney due to the upcoming retirement of Town Attorney Tobin Rosen.

ADJOURNMENT

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Burns to Adjourn the meeting at 9:33 p.m.

MOTION carried, 7-0.