MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
January 7, 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 5:00 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

EXECUTIVE SESSION - To receive legal advice pursuant to ARS 38-431.03(A)(3) regarding Council chambers security and pursuant to ARS 38-431.03(A)(2) to discuss confidential records

MOTION: A motion was made by Vice Mayor Waters and seconded by Mayor Hiremath to go into Executive Session at 5:01 p.m. to receive legal advice pursuant to ARS 38-431.03(A)(3) regarding Council chambers security and pursuant to ARS 38-431.03(A)(2) to discuss confidential records.

MOTION carried, 6-0.

Councilmember Burns arrived to the meeting after Roll Call.

Mayor Hiremath said the following staff members would join Council in Executive Session:  Police Chief Danny Sharp, Town Attorney Kelly Schwab, Town Manager Greg Caton and Town Clerk Julie Bower.

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

Mayor Hiremath proclaimed January 9, 2015 as National Law Enforcement Appreciation Day and encouraged all residents to show support for law enforcement officers.

Officer Kevin Mattocks accepted the proclamation on behalf of the Oro Valley Police Department.

Mayor Hiremath announced that in recognition of National Law Enforcement Appreciation Day, the Town of Oro Valley would host an open house this Friday, January 9th from 2:00 p.m. to 4:00 p.m. in the Oro Valley Council Chambers.  All members of the community were invited to attend and share messages of support for local law enforcement.

Councilmember Snider reported on National Law Enforcement Appreciation Day.

Councilmember Snider reported on a December 31, 2014 Explorer newspaper article entitled, "Fact Check:  Development not permissible on OV golf course land".  Councilmember Snider clarified that there were entitlements on the El Conquistador Country Club property.

DEPARTMENT REPORTS

Development and Infrastructure Services Director Paul Keesler reported that the Town would host an open house for the Tangerine Road widening project on Wednesday, January 14th from 6:00 p.m. to 7:30 p.m. in the Oro Valley Council Chambers.

ORDER OF BUSINESS

Mayor Hiremath said the agenda would stand as posted.

CALL TO AUDIENCE

Oro Valley resident Elizabeth Snyder

talked about the need for supporting law enforcement and shared ways on how to do so.

Oro Valley resident Bob Hefner

,head of the Sun City Oro Valley Neighborhood Watch program a.k.a. The Posse, said that The Posse has had a very close partnership with the Oro Valley Police Department for over 25 years and that he had never met a more dedicated and service-oriented Police Department.

CONSENT AGENDA

Vice Mayor Waters requested that item (F) be removed from the Consent Agenda for discussion.

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

B.

Resolution No. (R)15-01, authorizing the filing of an application with the Arizona Power Authority for the 2017 Hoover Dam power reallocation


(R)15-01 - APA Hoover Application

C.

Resolution No. (R)15-02, authorizing and approving a subgrantee agreement between the Town of Oro Valley and the Arizona Department of Homeland Security to fund overtime and mileage under the Operation Stonegarden program


(R)15-02 - OT & Mileage SubGrantee Agreement

140420-01 Stonegarden OT

D.

Resolution No. (R)15-03, authorizing and approving a subgrantee agreement between the Town of Oro Valley and the Arizona Department of Homeland Security to fund the purchase of hand-held thermal imaging equipment under the Operation Stonegarden program


(R)15-03 - Stonegarden Equipment Agreement

140420-02 Equipment

MOTION: A motion was made by Councilmember Garner and seconded by Mayor Hiremath to approve Consent Agenda items (B-D).

MOTION carried, 7-0.

A.

Minutes - December 10, 2014


12-10-14 Draft Minutes

Councilmember Zinkin asked if the revised December 10, 2014 minutes were made available to the public prior to the meeting.

Town Clerk Julie Bower said the revised minutes were made available to the public in the online Council packet.

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

MOTION carried, 7-0.

E.

Resolution No. (R)15-04, approving the annual Legislative Agenda of the Town and protocols guiding the Town’s priorities for the upcoming legislative session and any lobbying activities


(R)15-04 Annual Legislative Agenda

Legislative Agenda Summary

League Resolutions

52nd Legislature

Councilmember Zinkin argued that the election consolidation had not worked, specifically, voter turn-out was lower and Independents had to take an extra step to ensure that they received their ballot.

Town Manager Greg Caton said that the Town, along with the Arizona League of Cities and Towns, had rigorously fought the election consolidation law during the last legislative session and were unsuccessful.

Town Clerk Julie Bower said voter turn-out for the last Town of Oro Valley regular election held in August of 2014 had increased by 8.5% compared to the last Town of Oro Valley regular election held in March of 2012.  Election costs were not currently available but it was anticipated that costs would be significantly lower than election costs incurred in 2012.

MOTION: A motion was made by Mayor Hiremath and seconded by Councilmember Hornat to approve item (E) as presented.

MOTION carried, 6-1 with Councilmember Zinkin opposed.

F.

Resolution No. (R)15-05, approving changes to the 2014 Bond Election proposed project known as the Oro Valley Business Accelerator to meet the needs of the 2015 Bond Election proposed project


(R)15-05 - OV Business Accelerator

Letters of Support

Chamber Letter of Support

Accelerator DRAFT Concept & Location

Vice Mayor Waters discussed the changes to the bond proposal.

Economic Development Manager, Amanda Jacobs, discussed the following changes to the bond proposal.
     -Moving from Town owned property to privately owned property
     -Originally 20,000 sq. feet for incubator, now 50,000 sq. feet

Dr. Kenneth Wertman, Vice President and Tucson Site Researcher Director, spoke about the business incubator program and the need to support the growth and development of new technology.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to approve item (F) as presented.

MOTION carried, 7-0.

REGULAR AGENDA

1.

REQUEST TO MODIFY THE CONDITIONS OF APPROVAL TO ELIMINATE THE EXPIRATION DATE, DEFINE THE LOCATION, QUANTITY AND DURATION OF EACH EVENT AND LIMIT THE NUMBER OF VEHICLES RELATED TO THE SALES OF RECREATIONAL VEHICLES AT THE ORO VALLEY MARKETPLACE


Attachment 1 Conditions of Approval

Attachment 2 Applicants Submittal

Attachment 3 Applicants Site Plan

Senior Planner Patty Hayes presented item #1 and outlined the following:

-Proposal
-Location
-Display Location
-Conditions & Recommendation

Discussion ensued amongst Council and staff regarding item #1.

Gary Wilson, representative for La Mesa RV, said the total number of vehicles at the location was capped at 150.

The following individual spoke in opposition to item #1.

Oro Valley resident Don Bristow

The following individual spoke in support of item #1.

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

MOTION: A motion was made by Councilmember Snider and seconded by Vice Mayor Waters to approve the request to eliminate the December 2014 expiration date for the sale of recreational vehicles at the Oro Valley Marketplace subject to conditions in Attachment 1.
Attachment 1
Conditions of Approval

1.  A maximum of 4 recreation vehicle sales events per year.

2.  Each event may be open to the public for a maximum of 4 days.  Four additional days allowed for set up and clean up.

3.  Maximum number of recreational vehicles is limited to 150 per event.

4.  Location of the event is restricted to the Oro Valley Marketplace on a vacant lot north of Red Lobster as shown in Attachment 3.

5.  Approval can be retracted at the discretion of the Planning and Zoning Administrator or Building Official due to circumstances that are deemed to make the event no longer appropriate for the area.

MOTION carried, 7-0.

2.

AMENDING VARIOUS SECTIONS OF THE ORO VALLEY ZONING CODE REVISED AS IT RELATES TO SENIOR CARE USES


a.

RESOLUTION NO. (R)15-06, DECLARING THE PROPOSED AMENDMENTS TO VARIOUS SECTIONS OF THE ORO VALLEY ZONING CODE REVISED RELATING TO SENIOR CARE, PROVIDED AS EXHIBIT "A" WITHIN THE ATTACHED RESOLUTION AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD


(R)15-06 Zoning Code Amendments Relating to Senior Care

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Burns to approve Resolution No. (R)15-06, declaring the proposed amendments to various sections of the Oro Valley Zoning Code revised related to senior care uses, provided as Exhibit "A" within the attached resolution and filed with the Town Clerk, a public record.

MOTION carried, 7-0.

b.

PUBLIC HEARING: ORDINANCE NO. (O)15-01, AMENDING VARIOUS SECTIONS OF THE ORO VALLEY ZONING CODE REVISED (OVZCR) RELATED TO SENIOR CARE USES INCLUDING AMENDMENTS TO DEFINITIONS, ALLOWABLE ZONING DISTRICTS AND DEVELOPMENT STANDARDS


(O)15-01 Zoning Code Amendments - Senior Care

Attachment 2 - Existing Recreational Area Code

Attachment 3 - Planning and Zoning Commission Staff Report

Attachment 4 - Industry and Resident Comments

Attachment 5 - Draft Planning and ZOning Commission Minutes

Principal Planner Chad Daines presented item #2b. and outlined the following:

-Reason for Request
-Proposed Solution
-Common Senior Care Elements
-Similarities with Multi-Family
-Permitted Zoning Districts
-Recreational Area
-Assisted Living Homes
-Stakeholder Review
-State & County Regulations
     -Internal Operations
-International Fire and Building Codes
-Zoning Code
-General Plan Policies
-Recommendation

Discussion ensued amongst Council and staff regarding item #2b.

Mayor Hiremath opened the public hearing.

The following individual spoke in opposition to item #2b.

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 continue item #2b. to a date uncertain and hold at least one study session.

MOTION carried, 7-0.

3.

PUBLIC HEARING: RESOLUTION NO. (R)15-07, AUTHORIZING AND APPROVING INCREASES IN THE WATER RATES, FEES AND CHARGES FOR THE TOWN OF ORO VALLEY WATER UTILITY


(R)15-07 Water Utility Rate Increases

Exhibit ’A’ - Rates

Water Rates Analysis Report

Water Utility Director Philip Saletta presented item #3 and outlined the following:

-Mayor & Council Water Policies
-Water Rates Analysis
     -Preferred Financial Scenario

Water Utility Administrator Shirley Seng outlined the following:

-Water Rates Analysis
     -Rate Comparison FY 2014-15
-Customer Impacts
-Service Fees & Charges
-Review of Schedule
-Water Rates Recommendation

Mayor Hiremath opened the public hearing.

No comments were received.

Mayor Hiremath closed the public hearing.

Discussion ensued amongst Council and staff regarding item #3.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to approve Resolution No. (R)15-07, authorizing and approving increases in water rates, fees and charges for the Town of Oro Valley Water Utility.

MOTION carried, 7-0.

4.

DISCUSSION AND POSSIBLE DIRECTION REGARDING A COUNCIL RULE FOR PRESENTATIONS FROM COUNCILMEMBERS


Mayor Hiremath gave an overview of item #4.

Discussion ensued amongst Council regarding a Council rule for presentations from Councilmembers.

Mayor Hiremath recessed the meeting at 8:08 p.m.

Councilmember Burns left the meeting at 8:08 p.m.

Mayor Hiremath reconvened the meeting at 8:11 p.m.

The Town Council initiated the following Council rule for presentations from Councilmembers:  Any unadulterated literature could be displayed at a Council meeting without previously submitting the literature to the Town Manager and any adulterated literature shall be submitted to the Town Manager one week prior to the meeting date or, at a minimum, at least 24 hours before the meeting.

FUTURE AGENDA ITEMS

Councilmember Hornat requested a future agenda item to discuss and review the groundwater preservation fee, seconded by Councilmember Garner.

Councilmember Zinkin requested a future agenda item to be placed on the January 21, 2015 Council agenda regarding the discussion and possible delay of the effective date of Ordinance No. (O)14-17 regarding the increase of the local sales tax from 2% to 2.5% to a date beyond the potential referendum election date, seconded by Councilmember Garner.

Councilmember Zinkin requested a future agenda item for the February 18, 2015 Council meeting to discuss and take possible action on Personnel Policy #14 regarding overtime, seconded by Councilmember Garner.

CALL TO AUDIENCE

No comments were received.

ADJOURNMENT

MOTION: A motion was made by Mayor Hiremath and seconded by Vice Mayor Waters to adjourn the meeting at 8:44 p.m.

MOTION carried, 6-0.