MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
March 2, 2016
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 and a Moment of Silence to remember Oro Valley employee Gary Dull who passed away on Saturday, February 27, 2016.  Mr. Dull was the Town's Code Compliance Specialist.  He investigated, responded and resolved complaints and violations of the Zoning and Building Codes.  The Town of Oro Valley established the Rayne Dull donation account through Chase Bank for donations to the family of Gary Dull.  Those interested in making a donation, should make checks payable to the Rayne Dull donation account.  No cash would be accepted.  Donations would be accepted until June 1, 2016.

UPCOMING MEETING ANNOUNCEMENTS

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

COUNCIL REPORTS

Councilmember Zinkin thanked Police Chief Danny Sharp for reducing overtime expenses by approximately $200,000 in the first six months of the fiscal year compared to the same period of time last fiscal year.

Vice Mayor Waters reported that legislation regarding vacation rental taxes had been introduced by Debbie Lescoe, Republican from Peoria, to make it easier for the online rental companies to do business in Arizona.  Senate Bill 1350 would allow airbnb, Home Away, Vigro and other third parties to conduct business in Arizona.  The state would disperse funds to local municipalities after collecting all taxes.  The legislation aimed to keep homes used for online rentals classified as residential homes and had proposed classifying the properties as commercial.

Councilmember Snider attended the ribbon cutting ceremony on March 2, 2016 for the new Police Department substation and future evidence facility located at 500 W. Magee Road.  She thanked Commander Aaron Lesuer for managing the project and acquiring the building for approximately one-third of the original sales price.

Police Chief Danny Sharp said the new facility would additionally be used to house the Victim Advocate position and allow for a closer proximity to Cenpatico which was Pima County's Behavior and Mental Health provider to be able to provide better services to the community. 

Chief Sharp discussed the results of a three-year study of the Town's High Visibility Enforcement (HIVE) patrols conducted at the intersections of Oracle/Suffolk and Oracle/Magee and said the analysis showed a dramatic decrease in accidents and injuries at these intersections.

DEPARTMENT REPORTS

Town Clerk Julie Bower announced that new artwork was on display in the Council Chambers by artist Paula Sherick Jimenez.

Ms. Jimenez thanked Mayor and Council for supporting the arts in Oro Valley and for allowing her to display her artwork.

ORDER OF BUSINESS

Mayor Hiremath reviewed the order of business and said the agenda would stand as posted.

INFORMATIONAL ITEMS

1.

FY 2015-16 2nd Quarter Public Safety Providers Reports


GRFD Quarterly Reports

MVFD Quarterly Reports

OVPD Quarterly Reports

CALL TO AUDIENCE

Oro Valley resident Don Bristow

alleged that the Town Council approved a Conditional Use Permit for Fry's gas station located at First Ave and Tangerine Road, in violation of Oro Valley laws by ignoring a Zoning Code requirement that all on-site activities, except those performed at the fuel pumps, to be performed within a completely enclosed building.  Mr. Bristow also alleged that the Town Council approved a display that would allow La Mesa RV to display RV motor coaches and non-motorized towable trailers at the Oro Valley Marketplace, which he believed was not allowed.  Mr. Bristow requested that the Town Council initiate the process to withdraw the approvals granted to Fry's and La Mesa RV.

Oro Valley resident Fred Narcaroti

, representative for the Oro Valley Dolphins, said the organization included over 250 youth football and cheerleading members ages 5-13 years old and was still growing.  Mr. Narcaroti said field space was very limited within the area and urged the Town Council to add additional fields at Naranja Park.

Oro Valley resident Bob Knych

spoke about the Town's acquisition of the El Conquistador Country Club and recommended that the Town Council appoint a golf advisory committee to assist with studying the golf course operations and make recommendations.

Councilmember Snider directed staff to research Mr. Narcaroti's request to add additional fields to Naranja Park.

Councilmember Garner directed staff to look into the two Zoning Code issues brought up by Mr. Bristow.

CONSENT AGENDA

A.

Minutes - February 3, 2016


2/3/16 Draft Minutes

B.

Resolution No. (R)16-10, authorizing a Memorandum of Understanding (MOU) between Pima Association of Governments (PAG) and the Town of Oro Valley for programming and funding of La Cañada Drive/Moore Road intersection study (TIP ID No. 19.15)


(R)16-10 PAG MOU La Canada Dr. and Moore Road Intersection

MOU

C.

Request for approval of an amended Final Plat for the Innovation Corporate Center, located on the northeast corner of Innovation Park Drive and Vistoso Park Road


Location Map

Amended Final Plat

D.

*Cancellation of the March 16, 2016 regular Town Council meeting


MOTION: A motion was made by Councilmember Zinkin and seconded by Vice Mayor Waters to approve Consent Agenda items (A-D).

MOTION carried, 7-0.

REGULAR AGENDA

1.

PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR SMASHBURGER #4, LOCATED AT 7625 N. ORACLE RD. #145


Smashburger #4 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 Burns to Recomend Approval of the issuance of a Series 12 Liquor License to the Arizona Department of Liquor Licenses and Control for Eric Wolf for Smashburger #4, located at 7625 N. Oracle Rd. #145.

MOTION carried, 7-0.

2.

*PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 7 (BEER & WINE BAR) AND SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR GASLIGHT MUSIC HALL, LOCATED AT 13005 N. ORACLE RD. #110


Gaslight Music Hall Series 7 & 12 Liquor Licenses

Ms. 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 Snider and seconded by Vice Mayor Waters to Recomend Approval of an interim permit and transfer of a Series 7 Liquor License and approval of a new Series 12 Liquor License to the Arizona Department of Liquor Licenses and Control for Anthony Terry Jr. for Gaslight Music Hall, located at 13005 N. Oracle Rd. #110.

MOTION carried, 7-0.

3.

FISCAL YEAR 2015/16 MID-YEAR FINANCIAL UPDATE


Attachment A - General Fund

Attachment B - Highway Fund

Attachment C - Bed Tax Fund

Attachment D-1 CC & Golf Fund

Attachment D-2 Troon Cash Flow

Attachment D-3 Troon F&B

Attachment E - Water Utility Fund

Attachment F - Stormwater Utility Fund

Attachment G - Summary All Funds

Attachment H - Gen Fund Local Sales Tax

Finance Director Stacey Lemos presented item #3 and outlined the following:

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

Discussion ensued amongst Council and staff regarding the FY 2015/16 mid-year financial update.

Mayor Hiremath recessed the meeting at 7:42 p.m.

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

4.

RESOLUTION NO. (R)16-11, PROVIDING NOTICE OF INTENT TO DECREASE THE EQUIVALENT RESIDENTIAL UNIT (ERU) AS DEFINED IN THE STORMWATER SECTION OF THE TOWN CODE THEREBY INDIRECTLY INCREASING THE RATES FOR COMMERCIAL PROPERTIES FOR THE ORO VALLEY STORMWATER UTILITY


(R)16-11 Providing Notice of Intent to Decrease ERU

Town Code Changes

Stormwater Utility Rate Analysis

Development and Infrastructure Services Director Paul Keesler presented items #4 and #5.

MOTION: A motion was made by Councilmember Hornat and seconded by Vice Mayor Waters to approve Resolution No. (R)16-11, providing Notice of Intent to decrease the Equivalent Residential Unit (ERU) for the Oro Valley Stormwater Utility modifying Town Code 15-24-13 Section H.

MOTION carried, 7-0.

5.

RESOLUTION NO. (R)16-12, PROVIDING NOTICE OF INTENT TO INCREASE STORMWATER UTILITY BASE RATE FOR THE ORO VALLEY STORMWATER UTILITY


(R)16-12 Providing Notice of Intent to Increase Rates

Stormwater Rates Analysis Report

MOTION: A motion was made by Councilmember Zinkin and seconded by Vice Mayor Waters to approve Resolution No. (R)16-12, as presented.

MOTION carried, 7-0.

6.

PUBLIC HEARING: ORDINANCE NO. (O)16-03, AMENDING SECTION 22.5 OF THE ORO VALLEY ZONING CODE REVISED RELATED TO THE CONDITIONAL USE PERMIT REVIEW CRITERIA


Attachment 1 - (O)16-03 Amending C.U.P. Criteria

Attachment 2 - Existing Conditional Use Permit review criteria

Attachment 3 - Other jurisdiction review criteria

Attachment 4 - PZC staff report

Attachment 5 - PZC Meeting Minutes

Attachment 6 - Letter of concern

MOTION: A motion was made by Mayor Hiremath and seconded by Councilmember Hornat to Table item #6 and bring it back as a comprehensive package to include the modified table of permitted uses.

MOTION carried, 7-0.

7.

DISCUSSION AND POSSIBLE DIRECTION TO STAFF TO PREPARE A REPORT OUTLINING THE DIFFERENCES BETWEEN MAIN STREET AND YOUR VOICE, OUR FUTURE GENERAL PLAN UPDATE


Councilmember Zinkin presented item #7.

Discussion ensued amongst Council and staff regarding the status of the Your Voice, Our Future General Plan update project and the Main Street project.

Town Council directed staff to create and distribute a Town Council Report regarding the differences between the Your Voice, Our Future General Plan Update project and the Main Street project.

8.

DISCUSSION AND POSSIBLE DIRECTION REGARDING THE INSTALLATION OF ADDITIONAL SWINGS AT RIVERFRONT PARK


Councilmember Burns presented item #8.

Town Council directed staff to create and distribute a Council Report regarding the installation of additional swings at Riverfront Park and include the item, for discussion, alongside the FY 16/17 recommended budget at the upcoming budget study session.

FUTURE AGENDA ITEMS

Vice Mayor Waters requested a future agenda item for discussion and possible direction regarding developing a hands-free cellphone ordinance while driving in the Town of Oro Valley, seconded by Councilmember Snider.

Councilmember Zinkin requested a future agenda item, to be placed on the April 6, 2016 regular Town Council meeting agenda, for discussion and possible direction regarding the placement of a ballot issue to sell town assets at the next available Town election date, seconded by Councilmember Garner.

Councilmember Zinkin requested a Study Session to be held on August 2, 2016, to discuss the year-end financials, seconded by Councilmember Burns.

Councilmember Garner requested a Study Session to be held during the upcoming budget process to discuss the Community Center operations with all parties involved, seconded by Councilmember Zinkin.

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 8:09 p.m.

MOTION carried, 7-0.