MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
March 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 5:05 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)(3) and 38-431.03(A)(4) in order to receive legal advice, consider its position and instruct its attorneys regarding the Arrett/Lamonna litigation

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Zinkin to go into Executive Session at 5:06 p.m. pursuant to ARS 38-431.03(A)(3) and 38-431(A)(4) in order to receive legal advice, consider its position and instruct its attorneys regarding the Arrett/Lamonna litigation.

MOTION carried, 6-0.

Mayor Hiremath said the following staff members would join Council in Executive Session:  Town Manager Greg Caton, Town Attorneys Kelly Schwab and Patricia Ronan, Legal Services Director Tobin Sidles 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

Boy Scout Troop #222 led the audience in the Pledge of Allegiance.

UPCOMING MEETING ANNOUNCEMENTS

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

COUNCIL REPORTS

No reports were received.

DEPARTMENT REPORTS

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

ORDER OF BUSINESS

Mayor Hiremath said Regular Agenda item #5 would be heard before item #4.

INFORMATIONAL ITEMS

1.

Letter of Appreciation - Oro Valley Police Department


Cuthbert Appreciation Letter

CALL TO AUDIENCE

Oro Valley resident Richard Tracy

read an anonymous letter in which the author supported the proposed recreational/community center project.

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

spoke in support of the acquisition of the El Conquistador Country Club and .5% sales tax increase to fund the project.

CONSENT AGENDA

Vice Mayor Waters requested to remove item (C) from the Consent Agenda for discussion.

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

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

D.

Resolution No. (R)15-18, authorizing and approving a subgrantee agreement between the Town of Oro Valley and the Arizona Department of Homeland Security to fund the purchase of equipment under the Operation Stonegarden program


(R)15-18 AZDOHS Equipment Funding

AZDOHS Equipment

E.

Resolution No. (R)15-19, authorizing and approving Town of Oro Valley projects under consideration for inclusion in a future Pima County general obligation bond election


(R)15-19 Pima County Bond Election 2015

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Garner to approve Consent Agenda items (D) and (E).

MOTION carried, 7-0.

A.

Minutes - February 18, 2015


2/18/15 Draft Minutes

Councilmember Hornat requested to amend the February 18, 2015 minutes by including his response to criticism regarding Coyote Run during the Call to Audience.

MOTION: A motion was made by Councilmember Hornat and seconded by Vice Mayor Waters to approve the February 18, 2015 minutes with the following addition under the Call to Audience:

Councilmember Hornat said Coyote Run was reinstituted by Council under a new name and was three times more successful than it ever had been and served a large number of residents in the community both over and under sixty-five years old.

Councilmember Hornat said the Center that was closed across the street from Town Hall served a very small group of people, a community center would serve thousands.

MOTION carried, 7-0.

B.

Request for approval of a final plat for Block 4 of the Maracay at Vistoso subdivision, located northeast of the intersection of Pebble Creek Drive and La Canada Drive


Attachment 1 - Final Plat

Councilmember Zinkin referenced General Note #9 and asked if 0 feet side setbacks would be allowed.

Planner Rosevelt Arellano said the Zoning would allow 0 feet side setbacks but as of today, all of the model homes had been approved for the site and non of them were utilizing the 0 feet side setback.

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

MOTION carried, 7-0.

C.

Resolution No. (R)15-17, authorizing and approving an Intergovernmental Agreement (IGA) between the City of Phoenix Police Department and the Town of Oro Valley Police Department for the Arizona Internet Crimes Against Children Task Force


(R)15-17 Internet Crime Against Children Task Force

IGA

Vice Mayor Waters asked what the Town's part would be in the proposed Task Force.

Sergeant Dean Nesbitt said the Task Force was a national network of 61 coordinated Task Forces representing more than 3,500 federal, state and local law enforcement agencies.  These agencies were engaged in both proactive and reactive investigations, forensic examination and criminal prosecution.  By helping state and local agencies develop effective, sustainable responses to online child victimization, including response to child sexual abuse, the program had increased law enforcement's capacity to combat the technology facilitated crimes against children at every level.  The program was also dedicated to training law enforcement officers and prosecutors as well as educating parents and youths about the potential dangers of online activity.

Sergeant Nesbitt encouraged parents and guardians to monitor what their kids were doing on the internet and phones to help mitigate this problem.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to approve Resolution No. (R)15-17, authorizing and approving an intergovernmental agreement between the City of Phoenix Police Department and the Town of Oro Valley Police Department for the Arizona Internet Crimes Against Children Task Force.

MOTION carried, 7-0.

REGULAR AGENDA

1.

FISCAL YEAR 2014/15 MID-YEAR FINANCIAL UPDATE


Attachment A - General Fund

Attachment B - Highway Fund

Attachment C - Bed Tax Fund

Attachment D - Water Utility Fund

Attachment E - Stormwater Utility Fund

Attachment F - Summary All Funds

Attachment G - GF Local Sales Tax

Finance Director Stacey Lemos presented item #1 and gave an overview of the following:

-General Fund Revenues & Expenditures
-Highway Fund Revenues & Expenditures
-Bed Tax Fund and Stormwater Utility Fund
-Water Utility Fund

Discussion ensued amongst Council and staff regarding the FY 2014/15 mid-year financial update.

2.

DISCUSSION AND POSSIBLE APPROVAL OF A REVISED MASTER SIGN PROGRAM FOR THE ORO VALLEY MARKETPLACE TO ALLOW WALL SIGNS ON BUILDING ELEVATIONS FACING ORACLE AND TANGERINE ROADS


CDRB Draft Minutes

Proposed Revised Master Sign Program

CDRB Report & Attachments

Photos of Existing Rear Signs

Letter from Chamber of Commerece

Senior Planner Patty Hayes presented item #2 and outlined the following: -Proposal -Business Visibility -Sign Location -Proposed Sign Size -Signs Facing Major Roads -Visibility from Adjacent Properties & View Corridor -Recommendation -Conditions for Approval

Discussion ensued amongst Council and staff regarding the proposed revised master sign program for the Oro Valley Marketplace.

David Malin, representative for Vestar Development Company, spoke on the proposed revised master sign program.

Paul Bleier, representative for Bleier Industries, spoke about the types of signs that could be placed on buildings facing Oracle and Tangerine Roads, if approved.

The following individuals spoke on item #2.

Oro Valley resident Don Bristow

The following individuals spoke in support of item #2.

Oro Valley resident Terry Parish
Oro Valley resident Wendy Wise
Dave Perry, President and CEO of the Greater Oro Valley Chamber of Commerce and Oro Valley resident

The following individual spoke in opposition to item #2.

Oro Valley resident Bill Adler

MOTION: A motion was made by Councilmember Hornat and seconded by Mayor Hiremath to approve the revised Master Sign Program for the Oro Valley Marketplace as provided in Attachment 2, based on finding that it is consistent with the Zoning Code and General Plan with the additional conditions that the lamp color temperature shall not exceed 4400K or the in effect standard that is adopted by the Town and the sign size shall be regulated by the Oro Valley Zoning Code standards.

Discussion resumed amongst Council and staff regarding the proposed revised Master Sign Program.

MOTION carried, 4-3 with Councilmember Burns, Councilmember Garner, and Councilmember Zinkin opposed.

Mayor Hiremath recessed the meeting at 7:52 p.m.

Mayor Hiremath reconvened the meeting at 7:59 p.m.

3.

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 ONE ESL FLEXIBLE DESIGN OPTION FOR A MODIFIED REVIEW PROCESS


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

Attachment 2 - Applicant’s Request

Attachment 3 - 1-story Restriction Exhibit

Attachment 4 - Conceptual Landscape Plan

Attachment 5 - Location Map

Attachment 6 - Zoning Map

Attachment 7 - PZC Report

Attachment 8 - PZC Draft Meeting Minutes

Attachment 9 - Neighborhood Meeting Summary Notes

Planner Rosevelt Arellano presented item #3 and outlined the following: -Site Location -Access Map -Neighborhood Participation -ESL's Flexible Design Option -Planning and Zoning Commission Issues

Discussion ensued amongst Council and staff regarding the proposed rezoning.

Stacey Weeks with Norris Design presented item #3 and outlined the following:

-General Plan Amendment
-Rezoning Application
-Development Patterns
-Residential Master Plan
-Planning Elements
-Viewshed Study
-Economic Impact
-Rezoning Overview

Discussion ensued amongst Council and Mr. Weeks.

Mayor Hiremath opened the public hearing.

The following individuals spoke in opposition to item #3.

Susann Duperret
Greg Patchen
Pat McGowan
Oro Valley resident Bill Adler
Sarah McGowan
Oro Valley resident Adelina Kempner
Amber Peterman
Hank Winter
Dr. Chuck Boreson

Mayor Hiremath closed the public hearing.

Discussion ensued amongst Council regarding the proposed rezoning.

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Garner to deny Ordinance No. (O)15-07, finding that the proposed rezoning is not consistent with the General Plan due to the lack of compatibility with surrounding areas.

MOTION failed, 2-5 with Mayor Hiremath, Vice Mayor Waters, Councilmember Burns, Councilmember Hornat, and Councilmember Snider opposed.

MOTION: A motion was made by Councilmember Burns and seconded by Councilmember Snider continue item #3 to the June 17, 2015 regular Council meeting.

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

5.

RESOLUTION NO. (R)15-20, AMENDING THE EXISTING PARKS & RECREATION FEE SCHEDULE TO INCLUDE THE ORO VALLEY COMMUNITY & RECREATION CENTER AND EL CONQUISTADOR GOLF DAILY USAGE FEES


(R)15-20 Recreation Center and Golf Fees

Membership Example

Parks and Recreation Director Kristy Diaz-Trahan presented item #5 and outlined the following: -Facility Overview -Rate Development -Daily Rate Comparable -Daily Rate Recommendations

Discussion ensued amongst Council and staff regarding item #5.

Scott Van Newkirk, Senior Vice President of Global Business Development for Troon, spoke about online golf rates.

The following individual spoke in support of item #5. Oro Valley resident Betty Danker

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to approve Resolution No. (R)15-20, approving the Oro Valley Community & Recreation Center and El Conquistador Golf daily rates as presented.

Councilmember Burns requested an amendment to the motion to stipulate that Oro Valley resident rates shall not be less than 10% but may be more than 10% of the best published rate at the point of reservation.  Vice Mayor Waters and Councilmember Snider agreed to the amendment.

MOTION carried, 7-0.

4.

DISCUSSION AND POSSIBLE ACTION TO AMEND THE FY 2014/15 ADOPTED BUDGET TO ACCOUNT FOR THE NEW ORO VALLEY COMMUNITY AND RECREATION CENTER AND GOLF AND TENNIS OPERATIONS ASSOCIATED WITH THE ACQUISITION OF THE EL CONQUISTADOR COUNTRY CLUB AND GOLF COURSES


Attachment 1 - Budget Proj March - June 2015

Ms. Lemos presented item #4 and outlined the following: -Overview -Budget Amendment -Operating Details -Capital Improvements

The following individuals spoke in support of item #4.

Oro Valley resident Dick Johnson
Oro Valley resident John Andersen
Oro Valley resident Lyra Done

Discussion ensued amongst Council and staff regarding item #4.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider amend the FY 2014/15 adopted budget to transfer $1.2 million from General Fund contingency reserves to the new Community Center and Golf Fund and authorize the hiring of the Facility Manager position this fiscal year and to repay the loan to the General Fund contingency reserve fund over ten years.

MOTION carried, 4-0.

6.

DISCUSSION AND POSSIBLE DIRECTION REGARDING THE PROCESS OF SETTING USER FEES FOR THE ORO VALLEY PARKS AND RECREATION DEPARTMENT


Councilmember Garner presented item #6.

Discussion ensued amongst Council and staff regarding item #6.

Council directed staff to place any fee structure changes in the Council Forward.

FUTURE AGENDA ITEMS

Councilmember Snider requested a future agenda item to consider a student art program.

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 10:44 p.m.

MOTION carried, 7-0.