MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
February 4, 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 - Pursuant to ARS 38-431.03(A)(3) and 38-431.03(A)(4) in order to receive legal advice, consider its position and instruct its attorneys regarding possible litigation relating to a claim filed by Dennis and Judy Merens and pursuant to ARS 38-431.03 (A)(3) and 38-431.03 (A)(4) for discussion of legal advice and to instruct its attorneys on the Arrett/Lamonna lawsuit

MOTION: A motion was made by Councilmember Snider and seconded by Vice Mayor Waters to go into Executive Session at 5:01 p.m. pursuant to A.R.S. 38-431.03(A)(3) and 38-431.03(A)(4) in order to receive legal advice, consider its position and instruct its attorneys regarding possible litigation relating to a claim filed by Dennis and Judy Merens and pursuant to A.R.S. 38-431.03(A)(3) and 38-431.03(A)(4) for discussion of legal advice and to instruct its attorneys on the Arrett/Lamonna lawsuit.

MOTION carried, 7-0.

Mayor Hiremath said the following staff members would join Council in Executive Session:  Town Manager Greg Caton, Town Attorney Kelly Schwab, Legal Services Director Tobin Sidles and Town Clerk Julie Bower.  The following additional staff would join Council in Executive Session regarding the Merens item:  Development and Infrastructure Services Director Paul Keesler and Planning Manager Bayer Vella.

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

Councilmember Zinkin reported that he attended the 2015 Legislative Agenda for the Southern Arizona Lodging & Resort Association (SALARA) at which they discussed working with the Legislature to introduce a bill to form a new Sports Authority Board.

DEPARTMENT REPORTS

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

Economic Development Manager Amanda Jacobs reported that artists featured in the Council Chambers would also be featured on the Town's website.

Ms. Jacobs said the Musical Magic Concert Series ocurred on the 1st Saturday of the month in the Council Chambers at 10:00 a.m. and was free to the public.  Tommy Tom-Tom and the Groove Wrestler will be featured on Saturday, February 7, 2015.

The next Oro Valley Concert Series will be held on Thursday, February 12, 2015 at 6:00 p.m. at the Oro Valley Marketplace and will feature the Little House of Funk.

Police Chief Danny Sharp presented commendations to the following Oro Valley Police Officers for their work on an investigation regarding a sexual assault/child molestation that lasted nearly three years.  Based on the tenacity, professionalism and teamwork of the Oro Valley Police Department Criminal Investigative Unit, both suspects would spend the remainder of their lives in prison.

Detective Deren Jackson
Detective Wes Helvig
Detective Zach Young
Detective Mike Cruce
Detective Andrew Novak
Detective Megan Carr
Sergeant Dean Nesbitt

ORDER OF BUSINESS

Mayor Hiremath said the applicant for Regular Agenda item #6 requested to continue the item to the March 4, 2015 regular Town Council meeting.

Mayor Hiremath said Regular Agenda items #9 and #10 would be heard after Regular Agenda item #2.

INFORMATIONAL ITEMS

1.

Public Safety Providers Quarterly Reports (Oct. - Dec. 2014)


Public Safety Providers Quarterly Reports (Oct. - Dec. 2014)

GRFD Quarterly Reports (Oct. - Dec. 2014)

MVFD Quarterly Reports (Oct. - Dec. 2014)

CALL TO AUDIENCE

Oro Valley resident Shirl Lamonna

spoke about the Pima County Bond Update Project and attended the Pima County Bond Advisory Committee meeting on February 6, 2015.

PRESENTATIONS

1.

Presentation of State Planning Award to Your Voice Volunteers for Best Public Outreach on a General/Comprehensive Plan for Your Voice, Our Future Phase 1, as recognized by the Arizona Chapter of the American Planning Association


Mayor Hiremath recognized the volunteers who served on the Your Voice, Our Future General Plan Update Project Phase I and thanked them for their contributions.  The following members of the Committee were in attendance to receive the award.

Ellen Guyer
Helen Dankwerth
Dick Eggerding
Bill Adler

CONSENT AGENDA

Councilmember Zinkin requested to remove items (B) and (D) from the Consent Agenda for discussion.

A.

Minutes - January 21, 2015


1/21/15 Draft Minutes

C.

Reappointment of the representative to the Regional Transportation Authority's (RTA) Citizens Accountability for Regional Transportation (CART) Committee


B&C Application

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

MOTION carried, 7-0.

B.

Resolution No. (R)15-12, authorizing and approving Amendment #1 to the Intergovernmental Agreement (IGA) between Pima County and the Town of Oro Valley for the Pima County Wireless Integrated Network (PCWIN) subscriber services


(R)15-12 Amendment to PCWIN IGA

IGA Extension for PCWIN

Councilmember Zinkin asked if it was appropriate to earmark monies for a contract for FY 2015/16.

Finance Director Stacey Lemos said it would be the Police Department's intent to include funding for this item in the FY 15/16 budget but the funds could not be committed at this time.

Town Attorney Kelly Schwab said multi-year agreements could be entered into and many agreements contain a non-appropriation clause so that should Council not appropriate funding, the Town could back out of the agreement.

MOTION: A motion was made by Councilmember Zinkin and seconded by Vice Mayor Waters to approve item (B).

MOTION carried, 7-0.

D.

Approval to amend the adopted FY 2014/15 budget allocation for the Aquatic Center Parking Expansion Project in the General Government Capital Improvement Project (CIP) Fund


Attachment 1 - Parking Layout

Gen Govt CIP Fund FY 14-15

Councilmember Zinkin was concerned with spending an additional $100,000 to increase the number of parking spaces from 100 to 200.

Town Manager Greg Caton said during the design phase, the Town recognized that more space was available for additional parking and the need for additional parking continued to exist.

Discussion ensued amongst Council regarding item #D.

MOTION: A motion was made by Councilmember Hornat and seconded by Vice Mayor Waters to amend the approved FY 2014/15 budget allocation for the Aquatic Center Parking Expansion project in the General Government Capital Improvement Project (CIP) Fund from $184,000 to $284,000 by reallocating $80,000 in funding from the MOC Fueling Facility project and $20,000 in savings from the EDMS project.

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

REGULAR AGENDA

1.

PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 14 (PRIVATE CLUB) LIQUOR LICENSE FOR ORO VALLEY COUNTRY CLUB LOCATED AT 300 W. GREENOCK DRIVE


Oro Valley Country Club Series 14 Liquor License

Town Clerk Julie 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 Garner recommend approval of the issuance of a Series 14 Liquor License to the Arizona Department of Liquor Licenses and Control for Mark Oswald and principals for Oro Valley Country Club located at 300 W. Greenock Drive.

MOTION carried, 7-0.

2.

PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 6 (BAR) LIQUOR LICENSE FOR ORO VALLEY COUNTRY CLUB LOCATED AT 300 W. GREENOCK DRIVE


Oro Valley Country Club Series 6 Liquor License

Town Clerk Julie Bower presented 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 Zinkin and seconded by Councilmember Snider recommend approval of the issuance of a Series 6 Liquor License to the Arizona Department of Liquor Licenses and Control for Mark Oswald and principals for Oro Valley Country Club located at 300 W. Greenock Drive.

MOTION carried, 7-0.

9.

DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING THE IMPLEMENTATION OF ORDINANCE (O)14-17, AMENDING THE TAX CODE OF THE TOWN OF ORO VALLEY TO INCREASE THE LOCAL TRANSACTION PRIVILEGE TAX (TPT) RATE FROM 2% TO 2.5% IN VARIOUS CATEGORIES


MOTION: A motion was made by Councilmember Garner and seconded by Councilmember Zinkin to continue item #9 to the February 18, 2015 regular Town Council meeting.

MOTION carried, 7-0.

10.

DISCUSSION AND POSSIBLE DIRECTION REGARDING POSTPONEMENT OF THE FINAL PURCHASE OF THE EL CONQUISTADOR GOLF AND COUNTRY CLUB AND ASSOCIATED PROPERTIES


MOTION: A motion was made by Councilmember Snider and seconded by Vice Mayor Waters to continue item #10 to the February 18, 2015 regular Town Council meeting.

MOTION carried, 7-0.

3.

PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION ON A CONDITIONAL USE PERMIT REQUEST FOR A PROPOSED AUTOBODY REPAIR USE FOR CALIBER COLLISION LOCATED NORTH OF PUSCH VIEW LANE, APPROXIMATELY 1/4-MILE WEST OF ORACLE ROAD


ATTACHMENT 1 - CONDITIONS OF APPROVAL

ATTACHMENT 2 - APPLICANT SUBMITTAL

ATTACHMENT 3 - PLANNING AND ZONING COMMISSION STAFF REPORT

ATTACHMENT 4 - GENERAL PLAN LAND USE MAP

ATTACHMENT 5 - ZONING MAP

ATTACHMENT 6 - NEIGHBORHOOD MEETING SUMMARY

ATTACHMENT 7 -DRAFT PLANNING AND ZONING COMMISSION MEETING MINUTES

Senior Planner Michael Spaeth presented item #3 and outlined the following:

-Location of Property
-What is a Conditional Use Permit?
-Screening
-Summary & Recommendation

Discussion ensued amongst Council and staff regarding item #3.

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 Vice Mayor Waters to approve the Conditional Use Permit for Caliber Collision, subject to the conditions listed in Attachment 1, based on the finding that the proposed request is consistent with all Zoning Code review criteria.

Attachment 1
Conditions of Approval

Planning Conditions

1. Screening must be provided along the northern property line to ensure stored vehicles are not visible from the shared use path along the Canyon del Oro Linear Park.

MOTION carried, 7-0.

4.

AMENDING SECTION 24.9, ECONOMIC EXPANSION ZONE (EEZ) OF THE ORO VALLEY ZONING CODE REVISED (OVZCR)


a.

RESOLUTION NO. (R)15-13, DECLARING THE PROPOSED AMENDMENT TO THE ORO VALLEY ZONING CODE SECTION 24.9 AND CHAPTER 24, RELATING TO ECONOMIC EXPANSION ZONE OVERLAY DISTRICT, PROVIDED AS EXHIBIT “A” WITHIN THE ATTACHED RESOLUTION AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD


(R)15-13 EEZ Overlay District Amendment

Exhibit "A"

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Garner to approve Resolution No. (R)15-13, declaring the proposed amendments to the Oro Valley Zoning Code Revised Section 24.9 and Chapter 24, attached hereto as Exhibit "A" and filed with the Town Clerk, a public record.

MOTION carried, 7-0.

b.

PUBLIC HEARING: ORDINANCE NO. (O)15-05, AMENDING SECTION 24.9, ECONOMIC EXPANSION ZONE (EEZ) OVERLAY DISTRICT, OF THE ORO VALLEY ZONING CODE REVISED TO ELIMINATE THE CONCEPTUAL DESIGN REVIEW PROCESS AND ALLOW ADMINISTRATIVE APPROVAL OF ALTERNATIVE PARKING RATIOS


Attachment 1 - (O)15-05 Amending EEZ Overlay District

Exhibit A

Attachment 2 - PZC Staff Report

Attachment 3 - 1/6/15 Draft P&Z Minutes

Planning Manager Bayer Vella presented item #4b. and outlined the following:

-EEZ Process
-Alternative Parking Ratios
-Recommendation

Discussion ensued amongst Council and staff regarding item #4b.

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 Vice Mayor Waters to approve Ordinance No. (O)15-05, amending Section 24.9 of the Oro Valley Zoning Code as provided in Attachment 1, finding that the amendment meets the intent of the Economic Expansion Zone Overlay District.

MOTION carried, 7-0.

5.

AMENDING SECTION 22.3.D.2.b.ii AND SECTION 27.10.F.2.c.iii.h OF THE ORO VALLEY ZONING CODE REVISED (OVZCR) REGARDING APPROVAL PROCESS FOR FLEX DESIGN OPTIONS; MODIFIED REVIEW PROCESS; AND TENTATIVE DEVELOPMENT PLAN CHANGES


a.

RESOLUTION NO. (R)15-14, DECLARING THE PROPOSED AMENDMENTS TO CHAPTER 22 OF THE ORO VALLEY ZONING CODE AT SECTION 22.3 AND CHAPTER 27 OF THE ORO VALLEY ZONING CODE REVISED AT SECTION 27.10, PROVIDED HERETO AS EXHIBIT “A” WITHIN THE ATTACHED RESOLUTION AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD


ATTACHMENT 1 - (R)15-14 Amending Chapters 22 & 27

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Snider to approve Resolution No. (R)15-14, declaring the proposed amendments to Chapter 22 of the Oro Valley Zoning Code at Section 22.3 and Chapter 27 of the Zoning Code at Section 27.10, attached hereto as Exhibit "A" and filed with the Town Clerk, a public record.

MOTION carried, 7-0.

b.

PUBLIC HEARING: ORDINANCE NO. (O)15-06, AMENDING SECTION 22.3.D.2.b AND SECTION 27.10.F.2.c., TO AMEND THE APPROVAL PROCESS FOR ENVIRONMENTALLY SENSITIVE LANDS FLEXIBLE DESIGN OPTIONS, ALLOW FOR ADMINISTRATIVE APPROVAL OF NON-SUBSTANTIAL CHANGES TO A TENTATIVE DEVELOPMENT PLAN UNDER A MODIFIED REVIEW PROCESS AND AMENDMENTS TO SECTION 22.3.D.2.b TO CLARIFY WHAT TENTATIVE DEVELOPMENT PLAN CHANGES ARE CONSIDERED SIGNIFICANT


ATTACHMENT 1 - (O)15-06 Amending ESL Approval Process

ATTACHMENT 2 - PLANNING AND ZONING COMMISSION STAFF REPORT

ATTACHMENT 3 - PLANNING AND ZONING COMMISSION MINUTES

Senior Planner Michael Spaeth presented item #5b. and outlined the following:

-What's the Issue?
-Proposed Code Amendment
-Proposed Review Process

Discussion ensued amongst Council and staff regarding item #5b.

Mayor Hiremath opened the public hearing.

The following individuals spoke in support of item #5b.

Amber Smith, Executive Director for Metropolitan Pima Alliance
David Godlewski, Representative for the Southern Arizona Homebuilders Association and Oro Valley resident
Paul Oland

Mayor Hiremath closed the public hearing.

Discussion continued amongst Council and staff regarding item #5b.

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Hornat to approve Ordinance No. (O)15-06, amending the approval process for Environmentally Sensitive Lands Flexible Design Options, allowing for administrative approval of non-substantial design changes as part of the ESL modified review process and clarifying what constitutes a "significant change" as indicated in Attachment 1, Exhibit "A" and further MOVE to move minimum lot size, to include both length and width, to the Town Council approval column and to redefine Off-Street Parking to Alternative Parking Analysis.

MOTION carried, 7-0.

6.

REVISION TO THE STONE CANYON II FINAL PLAT FOR LOT 167 AT 1055 W. TORTOLITA MOUNTAIN DRIVE WITHIN RANCHO VISTOSO, NEIGHBORHOOD 11 BY REMOVING THE DESIGNATED "NO-BUILD AREA" AND ALLOWING ENCROACHMENT INTO 25% OR GREATER SLOPES


Attachment 1,

Attachment 2, Stone Canyon II plat

Attachment 3, 25% or greater slopes

Attachment 4, Home elevations

As requested by the Applicant, item #6 was continued to the March 4, 2015 regular Town Council meeting.

7.

DISCUSSION AND POSSIBLE DIRECTION REGARDING GROUNDWATER PRESERVATION FEES


MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Zinkin to direct staff to look at how the Town calculated the Groundwater Preservation Fees and see if costs could be reduced.

MOTION carried, 6-0.

8.

DISCUSSION AND POSSIBLE DIRECTION TO STAFF TO AMEND THE ENVIRONMENTALLY SENSITIVE LANDS (ESL) SECTION OF THE CODE (Removed from the agenda on 2/2/15 at 3:00 p.m.)


FUTURE AGENDA ITEMS

Councilmember Garner requested a future agenda item for the February 18, 2015 Council meeting, to discuss placing any contracts related to the purchase of the El Conquistador Country Club on the Consent Agenda for Council review and approval, seconded by Councilmember Zinkin.

CALL TO AUDIENCE

No comments were received.

ADJOURNMENT

MOTION: A motion was made by Councilmember Snider and seconded by Vice Mayor Waters to adjourn the meeting at 8:00 p.m.

MOTION carried, 7-0.