MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
September 4, 2013
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 6:00 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

Assistant to the Town Manager Kevin Burke gave an overview of the upcoming town meetings and events.

COUNCIL REPORTS

Mayor Hiremath said that the Arizona Fire Chiefs Association named Golder Ranch Fire Chief Randy Karrer as Arizona Fire Chief of the Year.

Mayor Hiremath reported that the Greater Oro Valley Chamber of Commerce awarded the Legacy Award to Oro Valley Police Chief, Danny Sharp.

The Town of Oro Valley hosted the 2013 League of Arizona Cities and Towns Annual Conference at the Hilton El Conquistador from August 27 - 30.  Mayor Hiremath congratulated Town staff and Lynn Erickson, General Manager of the Hilton El Conquistador, for organizing such a successful event.

Councilmember Snider provided an overview of issues discussed at the 2013 Annual League Conference.

Councilmember Zinkin commented on discussions he had with the Oro Valley Police Department.

Councilmember Hornat reported on an upcoming trip to Mexico.

DEPARTMENT REPORTS

Parks and Recreation Director Kristy Diaz-Trahan reported that the Town received the 2013 Outstanding Facility of the Year Award for communities of 25,000 to 100,000 for the Oro Valley Aquatics Facility.

Town Clerk Julie Bower announced that new artwork was on display in the Council Chambers by artist Jennifer Arno-Coleman.

Town Attorney Kelly Schwab reported on an issue previously raised by members of the public regarding campaign contributions.  Ms. Schwab said that merely receiving a campaign contribution would not create a conflict of interest for any individual Councilmember if the contributor would happen to come forward with a project that needed to be voted on by the Town Council.

ORDER OF BUSINESS

Mayor Hiremath stated that the agenda would stand as posted.

INFORMATIONAL ITEMS

1.

SRO Recognition Letter from Barbara LaWall


LaWall Recognition

2.

Letters of Appreciation for Oro Valley Police Department


Lt. Olson & Officers

Darkhouse Program

3.

Public Safety Providers Quarterly Report


Public Safety Providers Quarterly Report

OVPD 2nd Quarter Statistics

CALL TO AUDIENCE

Oro Valley resident John Musolf

recommended that more agenda items should be placed on the regular agenda instead of the consent agenda.

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

, thanked Council for their efforts in trying to attract a public/private university to the Town of Oro Valley and encouraged future efforts to do the same.

PRESENTATIONS

1.

Proclamation - National Preparedness Month


Proclamation - National Preparedness Month

Mayor Hiremath proclaimed September, 2013 as National Preparedness Month.

2.

Visit Tucson - Website Improvements for Oro Valley


Allison Cooper, Vice President of Marketing for Visit Tucson, gave an overview of the following:

-Name change
-Mission and vision statements
-FY 2013-14 budget
-Marketing Oro Valley
-Website improvements

Brent DeRaad, President and CEO for Visit Tucson, announced an upcoming project entitled "First Impressions".  This new project would beautify approximately 7/10 of a mile heading into and out of the Tucson International Airport.

3.

Kate Marquez, Executive Director - Southern Arizona Arts & Cultural Alliance


Kate Marquez, Executive Director for SAACA, gave an overview of the following:

-Focus on arts education
-Therapeutic arts & arts accessibility
-Business & art integration
-Arts resource
-Timeline of growth
-Events & programs
-National exposure
-Economic development & tourism
-Festival of the arts

CONSENT AGENDA

Councilmember Hornat requested that items (A) and (G-H) be removed from the consent agenda for discussion.

Councilmember Zinkin requested that items (B-D) be removed from the consent agenda for discussion.

Councilmember Garner requested that item (F) be removed from the consent agenda for discussion.

E.

Resolution No. (R)13-50, Authorizing and approving the Second Amendment to the Intergovernmental Agreement between the Town of Oro Valley and the Town of Marana for Reciprocal Hearing Officer Services under Arizona Revised Statutes section 9-500.12


R13-50 Hearing Officer Amendment #2

MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Snider to Approve Resolution No. (R)13-50, authorizing and approving the Second Amendment to the Intergovernmental Agreement between the Town of Oro Valley and the Town of Marana for Reciprocal Hearing Officer Services under Arizona Revised Statutes section 9-500.12.

MOTION carried, 7-0.

A.

Minutes - June 5, June 19, and July 3, 2013


6/5/13 Draft Minutes

6/19/13 Draft Minutes

7/3/13 Draft Minutes

Councilmember Hornat requested to amend the July 3, 2013 Council meeting minutes.  He said that he intended to include the conditions in Attachment 1 as part of the motion to approve Regular Agenda item #2 pertaining to the El Corredor Conceptual Site Plan.  All additions are in UPPER CASE.  The motion as amended shall read: 

MOTION:  A motion was made by Councilmember Hornat and seconded by Vice Mayor Waters to approve the Conceptual Site Plan for the El Corredor commercial and multi-family residential development SUBJECT TO THE CONDITIONS IN ATTACHMENT 1.

ATTACHMENT 1
CONDITIONS OF APPROVAL
EL CORREDOR CONCEPTUAL SITE PLAN

PART 1:  CONCEPTUAL SITE PLAN

PLANNING:
1.  PROVIDE AT LEAST THREE (3) SHADED SEATING AREAS, IN LOCATIONS ACCEPTABLE TO THE PLANNING AND ZONING ADMINISTRATOR, ALONG PATHWAYS WITHIN THE APARTMENT DEVELOPMENT.
2.  PROVIDE AT LEAST ONE (1) CANOPY TREE AS WELL AS SHRUBS AND UNDERSTORY IN THE ROUNDABOUT LOCATED AT THE EAST END OF THE MAIN ENTRY DRIVE.

ENGINEERING:
3.  THE DEVELOPER SHALL COORDINATE WITH ADOT REGARDING THE PROPOSED NORTH DRIVEWAY ALONG ORACLE ROAD.  SEPARATE ADOT APPROVAL IS REQUIRED FOR THE PROPOSED LOCATION.

MOTION carried, 6-0.

MOTION: A motion was made by Councilmember Hornat and seconded by Vice Mayor Waters to Approve the June 5th and June 19th, 2013 minutes as presented and the July 3, 2013 minutes as amended.

MOTION carried, 7-0.

B.

Fiscal Year 2012/13 Financial Update Through June 2013 (Year-End)


Attachment A - Gen Fund

Attachment B - HW Fund

Attachment C - Bed Tax Fund

Attachment D - Vacancy Savings Report

Attachment E - Summary All Funds

Councilmember Hornat inquired as to whether the approved funding in the amount of 2.1 million dollars to underground power cables along Tangerine and Oracle Roads was expended in FY 2012-13.
 
Town Manager Greg Caton clarified that the 2.1 million dollars was not expended in FY 12-13 but would be expended in FY 13-14.

MOTION: A motion was made by Councilmember Zinkin and seconded by Vice Mayor Waters to Accept the Fiscal Year 2012/13 Financial Update through June 2013 (Year-End).

MOTION carried, 7-0.

C.

Greater Oro Valley Chamber of Commerce Quarterly Report: April 1, 2013 - June 30, 2013


Chamber  FPA

Chamber 4th Quarter Report

Councilmember Zinkin asked why only two educational forums were held when the contract stipulated that four educational forums were to be held.

President and CEO of the Greater Oro Valley Chamber of Commerce, Dave Perry, said that he believed that the agreement called for four educational forums per year, not per quarter.

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Burns to Accept the Greater Oro Valley Chamber of Commerce Quarterly Report: April 1, 2013 - June 30, 2013.

MOTION carried, 7-0.

D.

Visit Tucson Quarterly Report: April 1, 2013 - June 30, 2013


MTCVB FPA

Visit Tucson 4th Quarter Report

Councilmember Zinkin inquired as to whether non-resort hotels were included in the quarterly reports.

President and CEO of Visit Tucson, Brent DeRaad, said that Visit Tucson was a membership organization of which the Hilton El Conquistador, Holiday Inn and the Horsepitality Western Ranch were members.

MOTION: A motion was made by Councilmember Zinkin and seconded by Vice Mayor Waters to Approve the Visit Tucson Quarterly Report:  April 1, 2013 - June 30, 2013.

MOTION carried, 7-0.

F.

Resolution No. (R)13-51, Authorizing and approving a task force agreement between the Drug Enforcement Administration ("DEA") and the Town of Oro Valley ("Town") for the participation of two Oro Valley police officers in the High Intensity Drug Trafficking Area (HIDTA) Pima County/Tucson Metro Counter Narcotics Alliance (CNA) Task Force and one police officer in the Pima County HIDTA Investigative Task Force (PCHITF)


(R)13-51 HIDTA Grant CNA & PCHITF

DEA Task Force Agreement

HT-13-2315

HT-13-2322

Councilmember Garner asked if there was a cap in place as to the amount of funds that would be reimbursed to the Town.

Deputy Police Chief Larry Stevens stated that there was a cap in place for each of the grants and that the Counter Narcotics Alliance and the Drug Enforcement Administration would pay any additional monies that exceeded the cap.

MOTION: A motion was made by Councilmember Garner and seconded by Vice Mayor Waters to Approve Resolution No. (R)13-51, authorizing and approving a task force agreement between the Drug Enforcement Administration ("DEA") and the Town of Oro Valley ("Town") for the participation of two Oro Valley police officers in the High Intensity Drug Trafficking Area (HIDTA) Pima County/Tucson Metro Counter Narcotics Alliance (CNA) Task Force and one police officer in the Pima County HIDTA Investigative Task Force (PCHITF).

MOTION carried, 7-0.

G.

Resolution No. (R)13-52, Authorizing the Water Utility Department of the Town of Oro Valley to apply for a Drinking Water Revolving Fund Loan from the Water Infrastructure Finance Authority of Arizona (WIFA) for the Oro Valley Water Utility Advanced Metering Infrastructure (AMI) and Meter Replacement Project


(R)13-52 Drinking Water Revolving Fund Loan

Councilmember Hornat commented on the cost savings that had been realized by utilizing new water meter technology.

MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Snider to Approve Resolution No. (R)13-52, authorizing the Water Utility Department of the Town of Oro Valley to apply for a Drinking Water Revolving Fund Loan from the Water Infrastructure Finance Authority of Arizona (WIFA) for the Oro Valley Water Utility Advanced Metering Infrastructure (AMI) and Meter Replacement Project.

MOTION carried, 7-0.

H.

Resolution No. (R)13-53, Authorizing the execution of a lease agreement between the Town of Oro Valley and Heirloom Farmers' Market for use of the Steam Pump Ranch property


(R)13-53 Heirloom Farmers’ Market Lease Agreement

Attachment 2 - Lease Agreement

Council discussed concerns regarding parking, signs and frequency of alcohol related events.

Councilmember Garner requested a provision that would allow Town sponsored events to take precedence over the Farmers Market.

Town Manager Greg Caton stated that Section 29 of the agreement would allow the Town to relocate the Farmers Market when necessary.

Mr. Caton stated that temporary signage would be placed at La Canada Drive and Tangerine Road.  The Town was working with ADOT to provide temporary signage along Oracle Road.  Permanent signage could be included at the actual site.

Mr. Caton stated that alcohol would only be served during specific events.

Roxanne Garcia, representative for Heirloom Farmers' Market, confirmed that alcohol would only be served periodically.

Discussion ensued amongst Council regarding provisions of the contract.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Hornat to Approve Resolution No. (R)13-53, authorizing the execution of a lease agreement between the Town of Oro Valley and Heirloom Farmers' Market for use of the Steam Pump Ranch property.

Councilmember Burns requested to amend the motion by deleting the words "the negligent" from line six of Section 16 and replacing it with the word "all".  This amendment was agreed to by Vice Mayor Waters and Councilmember Hornat.

Councilmember Garner requested to amend the motion by requiring adherence to historic preservation guidelines as it related to signage on the property.  This amendment was agreed to by Vice Mayor Waters and Councilmember Hornat.

MOTION carried, 7-0.

Mayor Hiremath recessed the meeting at 7:36 p.m.

Mayor Hiremath reconvened the meeting at 7:41 p.m.

REGULAR AGENDA

1.

REQUEST FOR APPROVAL OF A CONCEPTUAL SITE PLAN FOR A 345-LOT SINGLE-FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT THE NORTHERN TERMINUS OF LA CANADA DRIVE ON BOTH SIDES OF PEBBLE CREEK DRIVE


Attachment 1 Conditions of Approval

Attachment 2_Conceptual Site Plan

Attachment 3 CDRB Staff Reports

Attachment 4_CDRB Draft Minutes

Attachment 5_Map of 1-story Home Restriction

Attachment 6_Neighborhood Meeting Summary Notes

Attachment 7_Letters of Concern

Planner Rosevelt Arellano gave an overview of item #1.

Tom Lemon, Vice President of Land Acquisitions and Development for Maracay Homes, spoke on the proposed conceptual site plan.

Paul Oland, representative for the WLB Group, spoke on the proposed conceptual site plan.

The following individuals spoke on item #1.

Oro Valley resident Stanley Riggenbach
Oro Valley resident Joe Pisconski
Oro Valley resident Maryann Knitowski
Oro Valley resident Marlene Skibbe

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Hornat to Approve the Conceptual Site Plan and golf course setback reductions for Maracay at Vistoso subject to the conditions in Attachment 1, finding that the Conceptual Site Plan meets the applicable Design Review Principles and Standards.

Attachment 1
Conditions of Approval
Maracay at Vistoso
Conceptual Site Plan
OV1213-08

1.  Homes shall be limited to one (1) story on Lots 194 thru 203 (Z-Lots North), Lots 135 thru 153 (Z-Lots South) and Lots 6 thru 24 (4,000's).

2.  The applicant shall re-vegetate any disturbed common area located between the proposed residential lots and the golf course boundary.

3.  Provide additional public right-of-way for La Canada Drive and Pebble Creek Drive.  The right-of-way width shall be 80' per Rancho Vistoso and Town Subdivision Street Standards.

MOTION carried, 7-0.

2.

RESOLUTION NO. (R)13-54, AMENDING THE GENERAL PLAN TO CHANGE A 4.9 ACRE PROPERTY, LOCATED AT THE NORTHEAST CORNER OF MOORE ROAD AND LA CANADA DRIVE, FROM NEIGHBORHOOD COMMERCIAL/OFFICE (NCO) TO MEDIUM DENSITY RESIDENTIAL (MDR, 2.1 - 5.0 DU/AC)


(R)13-54 General Plan Amendment Parcel 10T

Attachment 2_Application

Attachment 3_P&ZC Staff Report

Attachment 4 P&ZC Draft Minutes

Attachment 5_Neighborhood Meeting Summary Notes

Attachment 6_Supplemental Report

Mr. Arellano gave an overview of item #2.

Paul Oland, representative for the WLB Group, gave an overview of the proposed Minor General Plan Amendment.

Discussion ensued amongst Council regarding the proposed Minor General Plan Amendment.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to Approve Resolution No. (R)13-54, approving the requested Minor General Plan Amendment from Neighborhood Commercial/Office (NCO) to Medium Density Residential (2.1 - 5.0 du/ac) for Parcel 10T, Rancho Vistoso, finding that the proposed Minor General Plan Amendment meets the evaluation criteria.

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

3.

REQUEST FOR APPROVAL OF CONCEPTUAL PUBLIC ART FOR THE SUN CITY RECREATION CENTER LOCATED EAST OF RANCHO VISTOSO BOULEVARD AND SOUTH OF SILVERTON AVENUE, WITHIN RANCHO VISTOSO NEIGHBORHOOD 1


Attachment 1 - CDRB Conditions of Approval

Attachment 2 - Conceptual Art Application

Attachment 3 - CDRB Staff Report

Attachment 4 - CDRB Draft Minutes

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

The following individual spoke on item #3.

Oro Valley resident John Musolf

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Zinkin to Approve the Conceptual Public Art for Sun City Recreation Center, subject to the condition in Attachment 1, finding that the Conceptual Public Art meets applicable Design Principles and Standards.

Attachment 1
Condition of Approval
Conceptual Art

Planning:
1.  The applicant shall install a small metal plaque containing the artist's name, name of artwork and installation date at the base of each sculpture.

MOTION carried, 7-0.

4.

REQUEST FOR APPROVAL OF CONCEPTUAL PUBLIC ART DESIGN FOR THE SHOPPES AT ORACLE ROAD COMMERCIAL CENTER, LOCATED ON THE EAST SIDE OF ORACLE ROAD AND SOUTH OF HARDY ROAD


Attachment 1_Condition of Approval

Attachment 2_Application

Attachment 3_CDRB Staff Report

Attachment 4_CDRB Draft Minutes

Mr. Arellano gave an overview of item #4.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to Approve the Conceptual Public Art design for Shoppes at Oracle Road commercial center, subject to the condition in Attachment 1, finding that the Conceptual Public Art meets applicable Design Principles and Standards.

Attachment 1
Condition of Approval
Shoppes at Oracle Road
OV1213-15

1.  The applicant shall install a small metal plaque containing the artist's name, name of the artwork, installation date, and recognition of the Town's Public Art requirement.

MOTION carried, 7-0.

5.

DISCUSSION AND POSSIBLE ACTION TO INITIATE THE 60-DAY PUBLIC NOTICE PROCESS FOR A FUTURE DISCUSSION REGARDING REVENUE OPTIONS


MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Garner to initiate the 60-day public notice process to discuss a renter's tax at the November 6, 2013 regular Town Council meeting.

Discussion ensued amongst Council regarding the proposed renter's tax revenue option.

MOTION failed, 3-4 with Mayor Hiremath, Vice Mayor Waters, Councilmember Hornat, and Councilmember Snider opposed.

FUTURE AGENDA ITEMS

No future agenda items were requested.

CALL TO AUDIENCE

No comments were received.

ADJOURNMENT

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to Adjourn the meeting at 9:13 p.m.

MOTION carried, 7-0.