MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
September 3, 2014
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

Economic Development Manager Amanda Jacobs announced the upcoming town meetings and events.

COUNCIL REPORTS

Councilmember Zinkin reported on his attendance at the National League of Cities Summer Policy Forum and Leadership Summit conferences.

DEPARTMENT REPORTS

Town Clerk Julie Bower announced that new artwork was on display in the Council Chambers by artist Robert Young.

ORDER OF BUSINESS

Mayor Hiremath said the agenda would stand as posted.

INFORMATIONAL ITEMS

1.

Councilmember Zinkin NLC Summer Policy Forum Trip Report


Zinkin NLC Summer Policy Forum Trip Report - July 2014

2.

Councilmember Zinkin NLC University Annual Leadership Summit Trip Report


Zinkin NLC University Annual Leadership Summit Trip Report 08-19-2014

3.

Letters of Appreciation for Oro Valley Police Department


Letters of Appreciation

4.

Public Safety Providers Quarterly Reports


Public Safety Providers Quarterly Reports - OVPD

Public Safety Providers Quarterly Reports - Fire

CALL TO AUDIENCE

Cathy Workman, Chair of the Greater Oro Valley Chamber of Commerce Board of Directors

introduced herself and said the Chamber was excited to continue their positive working relationship with the town.

PRESENTATIONS

1.

Proclamation - Celebration of Wilderness Month and the 50th anniversary of the Wilderness Act


Proclamation

Mayor Hiremath proclaimed the month of September, 2014 to be Celebration of Wilderness in Oro Valley Month and encouraged all residents to celebrate the Wilderness Act of 1964.

Meg Weesner invited the Town Council and the public to attend the Wild for Wilderness Festival at Sabino Canyon on November 8, 2014 from 9:00 a.m. to 3:00 p.m.

2.

Proclamation - National Preparedness Month


Proclamation - National Preparedness Month

Mayor Hiremath proclaimed September, 2014 to be Preparedness Month and encouraged all residents to take steps to be prepared for any emergency.

3.

Presentation - Jae Dale, CEO of Oro Valley Hospital


Jae Dale, CEO of Oro Valley Hospital, discussed the following topics:

-Quality and Safety
-Tru-D Report
-Emergency Room Certifications
-Growth
-New Services
-Community Integrated Healthcare Program
-2013 Community Benefits
-The Future?

CONSENT AGENDA

A.

Minutes - July 2, 2014 Study/Regular Session


Minutes - July 2, 2014 Study Session

Minutes - July 2, 2014 Regular Session

C.

Visit Tucson Quarterly Report: April 1, 2014 - June 30, 2014


MTCVB FPA

Visit Tucson 4th Quarter Report

D.

Greater Oro Valley Chamber of Commerce Quarterly Report: April 1, 2014 - June 30, 2014


Chamber FPA

Chamber Fourth Quarter Report

E.

Appointment to the Parks and Recreation Advisory Board (PRAB)


Application

G.

Resolution No. (R)14-43, authorizing and approving an Intergovernmental Agreement (IGA) among the parties that form the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA), a law enforcement task force. CNA members include: Tucson Police Department, Arizona Department of Public Safety, University of Arizona Police Department, Oro Valley Police Department, Marana Police Department and Sahuarita Police Department


(R)14-43 Pima County/Tucson Metropolitan CNA

Revised CNA IGA

Original & Revised "Hold Harmless Clause"

H.

* Resolution No. (R)14-44, authorizing and approving a task force agreement between the Drug Enforcement Administration (DEA) and the Town of Oro Valley for the participation of two (2) Oro Valley police officers in the High Intensity Drug Trafficking Area (HIDTA) Pima County/Tucson Metro Counter Narcotics Alliance (CNA) Task Force (Removed from the agenda on 9/2/14 at 4:00 p.m.)


(R)14-44 Agreement with DEA for Two CNA Positions

DEA Re. two C.N.A. positions

HT-14-2315 Fully Executed

I.

Resolution No. (R)14-45, authorizing and approving Grant Contract No. 2015-405d--010 between the Oro Valley Police Department and the Governor’s Office of Highway Safety (GOHS) for funding Impaired Driver/DUI Alcohol Enforcement overtime and employee-related expenses, as well as portable breath testing devices (PBTs)


(R)14-45 G.O.H.S. Grant for DUI Enforcement

GOHS Grant Contract

K.

Resolution No. (R)14-47, authorizing and approving a task force agreement between the Drug Enforcement Administration (DEA) and the Town of Oro Valley for the participation of one (1) police officer in the Pima County HIDTA Investigative Task Force (PCHITF)


(R)14-47 DEA IGA for One PCHITF Position

DEA IGA Re. one PCHITF position

HIDTA Grant Agreement

L.

Resolution No. (R)14-48, authorizing and approving an easement agreement between the Town of Oro Valley and Tucson Electric Power Company for the construction of the electric primary feeders used to power Naranja Park


(R)14-48 TEP Easement for Naranja Park

Attachment 1 - TEP Easement

M.

Resolution No. (R)14-49, declaring and adopting the results of the Oro Valley Primary Election held on August 26, 2014 (Updated on 9/2/14)


(R)14-49 Primary Election Canvass

Election Summary Report

Votes by Precinct

Statement of Votes Cast

MOTION: A motion was made by Councilmember Snider and seconded by Vice Mayor Waters to approve Consent agenda items (A), (C-E), (G-I) and (K-M).

MOTION carried, 7-0.

B.

Fiscal Year 2013/14 Financial Update Through June 2014 (Year-End)


Attachment A - General Fund

Attachment B - Highway Fund

Attachment C - Bed Tax Fund

Attachment D - Summary All Funds

Councilmember Snider requested clarification regarding the General Fund and General Fund Reserves.

Finance Director Stacey Lemos said the General Fund balance at the end of FY 13/14 was $11.5 million dollars which equated to 39% of the budget.

Councilmember Zinkin asked why state grant revenues were lower than projected.

Ms. Lemos said that grant capacity was built into the budget to allow for the use of various grants but not all budgeted grants were awarded to the town.  Should the grant not be awarded to the town, the money would simply not be spent.

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Snider to accept the Fiscal Year 2013/14 Financial Update through June 2014 (Year-End).

MOTION carried, 7-0.

F.

Request for approval of a two year extension of the Miller Ranch Master Development Plan and Phase 1 and 2 Development Plan, located on the northwest corner of Tangerine Road and La Canada Drive


Attachment 1 - Location Map

Attachment 2 - Approved Development Plans

Attachment 3 - Extension of Time Request

Councilmember Garner asked when the developer first applied.

Interim Planning Manager Bayer Vella said the developer applied before July, 2014.

Councilmember Garner inquired as to whether the applicant was actively trying to secure retail development.

Applicant James Hardman said they were actively marketing the property.

MOTION: A motion was made by Councilmember Garner and seconded by Councilmember Zinkin to approve the request for a two year extension of the Miller Ranch Master Development Plan and Phase 1 and 2 Development Plan, located on the northwest corner of Tangerine Road and La Canada Drive.

MOTION carried, 7-0.

J.

Resolution No. (R)14-46, authorizing and approving an Intergovernmental Agreement (IGA) between Pima County and the Town of Oro Valley for the Pima County Wireless Integrated Network (PCWIN) to reimburse the Town of Oro Valley for the purchase of a NICE Radio Logging Recorder Software License


(R)14-46 PCWIN Software License Reimbursement

Software License reimbursement IGA

Vice Mayor Waters requested clarification regarding the NICE radio logging recorder system.

Deputy Police Chief Larry Stevens said the NICE radio recording system recorded the radio and telephone calls that came into the emergency operations center.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to approve Resolution No. (R)14-46, authorizing and approving an Intergovernmental Agreement between Pima County and the Town of Oro Valley for the Pima County Wireless Integrated Network (PCWIN) to reimburse the Town of Oro Valley for the purchase of a NICE Radio Logging Recorder Software License.

MOTION carried, 7-0.

REGULAR AGENDA

1.

PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 14 (PRIVATE CLUB) LIQUOR LICENSE FOR STONE CANYON CLUB LOCATED AT 14200 N. HOHOKAM VILLAGE PLACE


Stone Canyon Club Liquor License

Town Clerk Julie Bower gave an overview of item #1.

Mayor Hiremath opened the public hearing.

No comments were received.

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Councilmember Zinkin and seconded by Vice Mayor Waters to Recomend Approval of the issuance of a Series 14 liquor license to the Arizona Department of Liquor Licenses and Control for Philip Green Sr. and principals for Stone Canyon Club located at 14200 N. Hohokam Village Place.

MOTION carried, 7-0.

2.

PUBLIC HEARING: ORDINANCE NO. (O)14-08, AMENDING THE TOHONO CHUL PARK ZONING (PLANNED AREA DEVELOPMENT) FOR FESTIVAL BANNER SIGNS, LOCATED AT THE NORTHEAST CORNER OF INA ROAD AND PASEO DEL NORTE


Attachment 1 - (O)14-08 Amending Tohono Chul Park PAD re Festival Banners

Attachment 2 - Banner Sign Dimensions

Attachment 3 - Banner Sign Locations

Attachment 4 - Applicant Narrative

Attachment 5 - Photo Simulation of Existing and Proposed Banner Signs

Attachment 6 - PZC Staff Report

Attachment 7 - PZC Draft Minutes

Attachment 8 - Neighborhood Meeting Summary Notes

Planner Rosevelt Arellano gave an overview of item #2.

Marcia Ring, Director of Marketing for Tohono Chul Park, gave an overview of the request to increase the existing banner size and gain additional identification space.

Discussion ensued amongst Council and the applicant regarding the proposed banner amendment request.

Mayor Hiremath opened the public hearing. The following individual spoke in opposition to item #2. Oro Valley resident Bill Adler Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Councilmember Snider and seconded by Vice Mayor Waters to approve Ordinance No. (O)14-08, amending the Tohono Chul Park Planned Area Development relating to festival banner signs, subject to the revisions depicted in Attachment 1, Exhibit "A".

Exhibit "A"

Additions shown in ALL CAPS
Deletions shown in strikethrough font

Festival Banner Sign Standards

     -
Maximum Dimension: 54" x 18" THE MAXIMUM DIMENSIONS FOR THE TWO BANNER SIGN AREAS ARE AS 
        FOLLOWS:


       TCP SPACE (TOP PORTION):  72" X 30"

       LOGO SPACE (BOTTOM PORTION):  30" X 30".  THE LOGO SPACE MAY CONTAIN THE TOWN SEAL TO       
       PROMOTE ORO
VALLEY BRANDING WITH COST SHARE OR THE PARK LOGO ON ALTERNATING BANNER 
       SIGNS

     -
An addition 18" x 18" area below the Park banner may be utilized by the Town to promote Oro Valley branding with cost
       share.

     -  Cost share of associated expenses may include but are not limited to:  design, printing, installation and equipment.

     -  Each festival banner sign design shall be reviewed and approved by the Town prior to use.

     -  Approved festival banner sign designs shall not expire or require additional permits once approved.

     -  Banner signs may be replaced if Town light poles are replaced.

MOTION carried, 7-0.

3.

PUBLIC HEARING: ORDINANCE NO. (O)14-09, TUCSON KOI & WATER GARDENS REQUESTS A REZONING FOR APPROXIMATELY 2.8 ACRES LOCATED ON THE EAST SIDE OF ORACLE ROAD, APPROXIMATELY 1/4 MILE SOUTH OF MAGEE ROAD FROM R1-144 AND R-S TO C-N AND USE OF A MODIFIED REVIEW PROCESS AS ENABLED BY THE ENVIRONMENTALLY SENSITIVE LANDS SECTION OF THE ZONING CODE


ATTACHMENT 1 - (O)14-09 Tucson Koi and Water Gardens Rezoning

ATTACHMENT 2 - CONDITIONS OF APPROVAL

ATTACHMENT 3 - SITE ANALYSIS

ATTACHMENT 4 - PLANNING AND ZONING COMMISSION REPORT

ATTACHMENT 5 - PLANNING AND ZONING COMMISSION HEARING MINUTES

ATTACHMENT 6 - GENERAL PLAN LAND USE MAP

ATTACHMENT 7 - ZONING MAP

ATTACHMENT 8 - NEIGHBORHOOD MEETING SUMMARY

ATTACHMENT 9 - RESIDENT COMMENT

Senior Planner Michael Spaeth gave an overview of item #3.

Paul Oland, representative for the WLB Group, gave an overview of the proposed rezoning request.

Mayor Hiremath opened the public hearing. The following individual spoke in opposition to item #3. Oro Valley resident Bill Adler Mayor Hiremath closed the public hearing.

Discussion ensued amongst Council, staff and the applicant regarding the proposed rezoning request.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to approve Ordinance No. (O)14-09, rezoning the Tucson Koi & Water Gardens property totaling 2.8 acres from R1-144 and R-S to C-N, subject to conditions in Attachment 2, using the ESL modified review process and finding that the request is consistent with the General Plan's Future Land Use Map and Vision, Goals and Policies.

Attachment 2
Conditions of Approval
Tucson Koi and Water Gardens

Planning

1. A cultural resource survey, in accordance with Section 27.10.D.3.e.v.b., must be completed prior to the approval of the Final Site Plan.

2. Relocate the proposed nursery showroom to maintain the minimum Critical Resource Area setback, per Section 27.10.F.3.b.i.b.

3. Add open space percentage to table on Tentative Development Plan.

Engineering

1. An in-lieu fee will be required for future construction of a 5' sidewalk along the Oracle Road frontage.  An easement dedicated to the Town of Oro Valley will also be required for construction of the sidewalk.  The fee and easement will need to be in place prior to issuance of a Certificate of Occupancy.  The fee shall be held for a period of time not to exceed ten (10) years, after which, if the sidewalk has not been constructed, the in-lieu fee shall be returned to the applicant.  (Town Subdivision Street Standards:  Sec 6.3.2.)

2. Revise the Tentative Development Plan to incorporate adequate off-street maneuvering area.  (Zoning Code:  Sec. 27.7.H. and 27.8.C.)

3. The sidewalk that is adjacent to the head in parking will be obstructed by the vehicle overhang from the parking space.  Revise the TDP to incorporate an increased sidewalk width.  (Zoning Code:  Sec. 27.7.H.)

4. Correct text to remove the language about providing a secondary access to the office complex to the south on page 27 of the Site Analysis.

Councilmember Zinkin requested an amendment to the motion to allow the applicant to modify their parking analysis plus or minus two (2) parking spaces without obtaining future Town Council approval.  Vice Mayor Waters and Councilmember Snider agreed to the amendment.

MOTION carried, 7-0.

4.

PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A PROPOSED RETAIL PLANT NURSERY, SHOWROOM AND SALES AREA FOR TUCSON KOI & WATER GARDENS LOCATED ON THE EAST SIDE OF ORACLE ROAD, APPROXIMATELY 1/4 MILE SOUTH OF MAGEE ROAD


ATTACHMENT 1 - CONDITIONS OF APPROVAL

ATTACHMENT 2 - SITE ANALYSIS

ATTACHMENT 3 - PLANNING AND ZONING COMMISSION REPORT

ATTACHMENT 4 - PLANNING AND ZONING COMMISSION MINUTES

ATTACHMENT 5 - GENERAL PLAN LAND USE MAP

ATTACHMENT 6 - ZONING MAP

ATTACHMENT 7 - NEIGHBORHOOD MEETING SUMMARY

ATTACHMENT 8 - RESIDENT COMMENT

Mr. Spaeth presented item #4.

Paul Oland, representative for the WLB Group, was present to answer questions.

Bruce McDonald said that rain water would be harvested and utilized to fill the koi pond and to water nursery plants on site.

Mayor Hiremath opened the public hearing. No comments were received. Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Garner to approve the Conditional Use Permit for the Tucson Koi & Water Gardens, subject to the conditions in Attachment 1, based on the findings that the proposed request is consistent with all Zoning Code review criteria and the use of water harvesting shall be utilized to sustain the koi ponds.

Attachment 1
Condition of Approval
Tucson Koi and Water Gardens

Engineering

1. Show that sufficient room is provided for delivery vehicle and trash collection vehicle maneuverability within the revised parking layout.  Specifically, demonstrate that the vehicles can turn around and will not be required to back out of the parking lot to Oracle Road.

MOTION carried, 7-0.

Mayor Hiremath recessed the meeting at 7:50 p.m.

Mayor Hiremath reconvened the meeting at 7:57 p.m.

5.

PUBLIC HEARING: REQUEST FOR A REVISION TO AN APPROVED TENTATIVE DEVELOPMENT PLAN ASSOCIATED WITH A REZONING FROM R1-144 TO R1-10, FOR A 120-LOT SINGLE-FAMILY DEVELOPMENT ON APPROXIMATELY 45 ACRES LOCATED EAST OF IRONWOOD RIDGE HIGH SCHOOL, ON THE SOUTH SIDE OF NARANJA DRIVE AND A REQUEST TO UTILIZE THE MODIFIED REVIEW PROCESS ENABLED BY THE ENVIRONMENTALLY SENSITIVE LANDS (ESL) SECTION OF THE ZONING CODE


ATTACHMENT 1 - APPROVED TENTATIVE DEVELOPMENT PLAN

ATTACHMENT 2 - REVISED TENTATIVE DEVELOPMENT PLAN NARRATIVE

ATTACHMENT 3 - REVISED TENTATIVE DEVELOPMENT PLAN

Interim Planning Manager Bayer Vella presented item #5.

Paul Oland, representative for the WLB Group, gave a brief overview of the tentative development plan revision request.

Mayor Hiremath opened the public hearing. No comments were received. Mayor Hiremath closed the public hearing.

Discussion ensued amongst Council regarding the proposed tentative development plan revision request.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to approve the proposed revisions to the approved Tentative Development Plan and use of the modified review process for the Kai Naranja Development, finding that the revisions are consistent with the design and integrity of the original Tentative Development Plan.

MOTION carried, 7-0.

6.

DISCUSSION AND POSSIBLE ADOPTION OF A TOWN COUNCIL CODE OF ETHICS


Town Council Code of Ethics

Councilmember Zinkin gave an overview of item #6.

Discussion ensued amongst Council and staff regarding the proposed Town Council Code of Ethics.

No action was taken on item #6.

FUTURE AGENDA ITEMS

Mayor Hiremath requested a future agenda item to discuss the modified review process, seconded by Councilmember Snider.

Councilmember Zinkin requested a future agenda item to discuss the Environmentally Sensitive Lands Ordinance (ESLO), seconded by Councilmember Garner.

Councilmember Burns requested a future agenda item to discuss a bike-share program, seconded by Councilmember Garner.


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 8:38 p.m.

MOTION carried, 7-0.