MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
September 16, 2015
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 5:02 p.m.

ROLL CALL

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

ABSENT: Brendan Burns, Councilmember

EXECUTIVE SESSION - Pursuant to ARS 38-431.03 (A)(4) for discussion or consultation with the Town Attorney in order to consider its position and instruct the Town Attorney regarding potential settlement discussions for Mora v. Town of Oro Valley

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Garner to go into Executive Session at 5:03 p.m. pursuant to A.R.S. 38-431.03(A)(4) for discussion or consultation with the Town Attorney in order to consider its position and instruct the Town Attorney regarding potential settlement discussions for Mora v. Town of Oro Valley.

MOTION carried, 6-0.

Mayor Hiremath said the following staff members would join Council in Executive Session:  Town Manager Greg Caton, Town Attorneys Phyllis Smiley and Kelly Schwab, Legal Services Director Tobin Sidles and Deputy Town Clerk Michael Standish.

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

Communications Administrator Misti Nowak announced the upcoming Town meetings and events.

COUNCIL REPORTS and Spotlight on Youth

Mayor Hiremath recognized Josh Baca, Senior at Ironwood Ridge High School, for winning the Postal History Foundation 2015 Birthday Stamp contest.  The stamp was available for purchase as custom, legal, U.S. postage.  The stamp included many aspects of Tucson including landmarks such as San Xavier Mission, the city skyline as well as saguaros, monsoons, a train and the Arizona flag.

Councilmember Hornat attended the flag raising ceremony at the Community Center on September 11, 2015.  The American Legion collected 412 American flags which would be disposed of properly by burning, as required by the U.S. Flag Code.

Councilmember Zinkin clarified that board and commission members were allowed to speak before the Town Council as long as they identified themselves as speaking as an individual and not as a member of a board or commission.  The Town's Parliamentary Rules & Procedures and Code of Conduct stated that board and commission members were not allowed to speak before the Town Council if they disagreed with a Council decision.

Vice Mayor Waters reported on the work that had been completed at Steam Pump Ranch and discussed future improvements to the site.

Vice Mayor Waters said the dedication of the pump house was scheduled for Friday, September 18 at 9:00 a.m. at Steam Pump Ranch and encouraged everyone to attend.

Councilmember Snider reported on the various summer activities that were available to children at the Community Center which included swimming, tennis, golf, games, artwork, making friends and staying inside during the hottest parts of the day.  1,500 slots were made available for the week-long summer camps and all slots were filled.

Councilmember Snider said the outdoor movie nights held on the driving range at the Community Center were well attended and encouraged residents to attend.

A 5k walk/run event was scheduled for Sunday, September 20 at the Community Center called, "Run Fore Youth".  The proceeds from the event would benefit the Town of Oro Valley's Round-Up for Youth Recreation Scholarship Program which helped economically disadvantaged children participate in recreational opportunities.  Registration was at 6:30 a.m. and the 5k started at 7:30 a.m.  The 100 meter kids dash started at 9:00 a.m.  Adults were $25 pre-registered ($30 event day) and kids 9 and under were $10 and included a t-shirt.

Mayor Hiremath clarified that projections for the golf operations at the Community Center were on target for an anticipated $1.5 million deficit, not $2.4 million deficit.

Councilmember Snider recognized the following Painted Sky Elementary students who placed 4th worldwide at the Odyssey of the Mind team competition held in East Lansing Michigan.  Odyssey of the Mind was an international educational program that provided creative problem-solving opportunities for students from kindergarten through college.  Team members applied their creativity to solve problems that ranged from building mechanical devices to presenting their interpretation of literary classsics.

Coaches Brianne Ronnie and Toby and Rebecca Ford spoke about their recent competition and said that their team had to create seven contraptions that were powered differently by rubber bands and each contraption had to perform a different task such as raise a flag or ring a bell.  The following team members were recognized:

Connor Ford
Morgan Harper
Allee Noble
Alison Randall
Payton Rokop
Sarah Seifreid
Parker Young

DEPARTMENT REPORTS

No reports were received.

ORDER OF BUSINESS

Mayor Hiremath said Regular Agenda item #2 would be continued to the November 18 regular Council agenda at the request of the applicant.

Mayor Hiremath removed Regular Agenda item #5 from the agenda per the request of Councilmember Zinkin.

INFORMATIONAL ITEMS

1.

2015 League of Arizona Cities and Towns Annual Conference


2015 League of Arizona Cities and Towns Annual Confernce

2.

Letter of Appreciation - DIS


Letter of Appreciation - DIS

CALL TO AUDIENCE

Greg Patchen

asked Councilmember Snider to share the information of the two property owners that were in favor of the Miller Ranch rezoning.  Mr. Patchen said he reviewed the Community Center financial reports and said that if the Town used Troon's projections, the Town was then responsible for the projections.

Oro Valley resident Karen Stratman

opposed the purchase of the Community Center and preferred that future decisions regarding the Community Center be voted on by the residents.

PRESENTATIONS

1.

*Proclamation - Blue Ribbon Day


Proclamation - Blue Ribbon Day

Mayor Hiremath proclaimed September 30, 2015 as Blue Ribbon Day and asked residents to tie a blue ribbon around their mailbox, front door, lamp post or a tree in their front yard to thank all of the men and women who provided public safety.

CONSENT AGENDA

Councilmember Zinkin requested to remove item (A) from the Consent Agenda for discussion.

B.

Appointment and reappointment to the Corrections Officers Retirement Plan (CORP) Local Board


MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Garner to approve item (B).

MOTION carried, 7-0.

A.

Minutes - September 2, 2015


9/2/15 Draft Minutes

Councilmember Zinkin requested to add additional information to the minutes to convey the attitude or emotion of discussions.

Town Clerk Julie Bower said the Town Council approved action minutes which was why discussion and emotion were not included in the minutes.

Councilmember Garner asked if summary minutes would be drafted if the Granicus recording failed.

Ms. Bower said summary minutes were required if the meeting failed to record.

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Garner to approve item (A).

MOTION carried, 7-0.

REGULAR AGENDA

1.

PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 5 (GOVERNMENT) LIQUOR LICENSE FOR THE ORO VALLEY COMMUNITY & RECREATION CENTER, LOCATED AT 10555 N. LA CANADA DRIVE


OV Community & Recreation Center Series 5 Liquor License

Ms. Bower presented item #1.

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 Snider to Recomend Approval of the issuance of a Series 5 liquor license to the Arizona Department of Liquor Licenses and Control for Matthew Hudson for the Oro Valley Community & Recreation Center located at 10555 N. La Canada Drive.

MOTION carried, 7-0.

2.

*PUBLIC HEARING: ORDINANCE NO. (O)15-07, REZONING 16.3 ACRES NEAR THE NORTHWEST CORNER OF LA CAÑADA DRIVE AND TANGERINE ROAD FROM R1-144 TO R1-7, AND APPROVING AN ENVIRONMENTALLY SENSITIVE LAND FLEXIBLE DESIGN OPTION FOR A MODIFIED REVIEW PROCESS (Removed from the agenda on 9/14/15 at 9:30 a.m.)


Attachment 1 - (O)15-07 Miller Ranch Rezoning

Attachment 1 - 9/2/15 TC Packet

3.

CONSIDERATION OF WAIVING THE ATTORNEY/CLIENT PRIVILEGE FOR THE LEGAL OPINION ON PROMOTION OF PRIVATE BUSINESS AT TOWN COUNCIL MEETINGS, AND DISCUSSION AND POSSIBLE DIRECTION REGARDING THE PROMOTION OF PRIVATE BUSINESS AT TOWN COUNCIL MEETINGS


MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Garner to waive the attorney-client privilege of the letter from Town Attorney Kelly Schwab dated July 23, 2015 regarding how the Town could help private businesses.

Discussion ensued amongst Council regarding the waiving of the attorney/client privilege.

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

Councilmember Zinkin presented item #3 and discussed creating a program where town staff would help businesses with social media, website development, logo/motto development, advertising, etc.

Councilmember Garner recommended expanding the Business Navigator program and market this function more prominently so new businesses could take advantage of the services offered.

Councilmember Garner asked for an update regarding the Town's marketing efforts for business owners.

Town Manager Greg Caton said the Town provided the Business Navigator and OV Dollars programs as helpful tools to promote and assist small businesses.  The Economic Development staff members also met with new businesses to assist them and introduce them to the Greater Oro Valley Chamber of Commerce.

Discussion ensued amongst Council and staff regarding the promotion of private businesses.

The Town Council directed staff to enhance the visibility of veteran support and include a link to the Greater Oro Valley Chamber of Commerce on the town's website.

4.

DISCUSSION AND POSSIBLE ACTION ON THE TRAFFIC ACCIDENT CLAIM OF MORA V. TOWN OF ORO VALLEY


MOTION: A motion was made by Councilmember Hornat and seconded by Vice Mayor Waters to approve the release of $30,000 from the Town's contingency fund to pay the settlement offer to the plaintiff in the case of Mora v. Town of Oro Valley.

MOTION carried, 6-0.

5.

DISCUSSION AND POSSIBLE DIRECTION REGARDING THE ABILITY OF BOARD AND COMMISSION MEMBERS TO SPEAK ON ITEMS BEING CONSIDERED BY COUNCIL AT COUNCIL MEETINGS


Parliamentary Rules & Procedures

Item #5 was removed from the agenda per Councilmember Zinkin's request.

6.

DISCUSSION AND POSSIBLE DIRECTION REGARDING ADA SELF-EVALUATION ASSESSMENTS FOR PUBLIC AND PRIVATE LOCATIONS


Councilmember Garner presented item #6.

Discussion ensued amongst Council and staff regarding ADA evaluation assessments of public and private facilities.  Development and Infrastructure Services Director Paul Keesler said staff was continually working to ensure that all public facilities were ADA compliant.

Councilmember Garner requested a Council Report to include the Town's most recent ADA self-assessment.

7.

**MOTION FOR RECONSIDERATION OF THE CONTINUANCE TO SEPTEMBER 16, 2015 OF ORDINANCE NO. (O)15-07, REZONING 16.3 ACRES NEAR THE NORTHWEST CORNER OF LA CANADA DRIVE AND TANGERINE ROAD FROM R1-144 TO R1-7, AND APPROVING AN ENVIRONMENTALLY SENSITIVE LAND FLEXIBLE DESIGN OPTION FOR A MODIFIED REVIEW PROCESS


Councilmember Garner presented item #7.

Discussion ensued amongst Council and staff regarding the motion for reconsideration.

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Garner to Reconsider the continuance of the September 16, 2015 Ordinance No. (O)15-07, rezoning 16.3 acres near the northwest corner of La Canada Drive and Tangerine Road from R1-144 to R1-7, and approving an Environmentally Sensitive Land Flexible Design Option for a Modified Review Process.

MOTION carried, 6-1 with Mayor Hiremath opposed.

FUTURE AGENDA ITEMS

No future agenda items were requested.

CALL TO AUDIENCE

No comments were received.

ADJOURNMENT

MOTION: A motion was made by Councilmember Zinkin and seconded by Vice Mayor Waters to adjourn the meeting at 7:53 p.m.

MOTION carried, 7-0.