MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
July 6, 2016
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
REGULAR SESSION AT OR AFTER 5:00 PM

CALL TO ORDER

Vice Mayor Waters called the meeting to order at 5:00 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 ARS 38-431.03(A)(4) for discussion and consultation with its attorneys regarding the public bodies position regarding contract negotiations related to obtaining a professional firm to assist the Town in searching for a new Town Manager

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Zinkin into Executive Session at 5:01 p.m. pursuant to ARS 38-431.03(A)(3) and ARS 38-431.03(A)(4) for discussion and consultation with its attorneys regarding the public bodies position regarding contract negotiations related to obtaining a professional firm to assist the Town in searching for a new Town Manager

MOTION carried, 6-0.

Vice Mayor Waters said the following staff members would join Council in Executive Session: Interim Town Manager Danny Sharp, Town Attorney Gary Verburg, Legal Services Director Tobin Sidles, Finance Director Stacey Lemos, Human Resource Director Gary Bridget, Procurement Administrator Mark Neihart and Town Clerk Mike Standish.

REGULAR SESSION AT OR AFTER 6:00 PM

CALL TO ORDER

Vice Mayor Waters 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

Vice Mayor Waters led the audience in the Pledge of Allegiance.

UPCOMING MEETING ANNOUNCEMENTS

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

COUNCIL REPORTS

Councilmember Snider and Vice Mayor Waters visited the following Oro Valley summer camps; the Art at the Ranch Camp, the OV HEAT Camp, and the Fun, Fins and Fantastic Games Camp. They gave an overview of the camp activities and spoke about the success the Oro Valley summer camps have experienced.

Councilmember Hornat introduced Arizona Speaker of the House David Gowan. Mr. Gowan gave an overview of the State budget and the accomplishments achieved during his time as Speaker of the House.

Councilmember Zinkin reported that he attended the National League of Cities Community & Economic Development Federal Advocacy Committee held in Kansas City, at which they discussed developing two proposals that would be presented to the National League of Cities board members.

Councilmember Hornat reported that the funds for the Joint Technical Education District (JTED) programs were restored by the State Legislature this year.

DEPARTMENT REPORTS

Town Clerk Mike Standish announced that new artwork was on display in the Council Chambers by artist Makoto Takigawa.

ORDER OF BUSINESS

Vice Mayor Waters reviewed the order of business and stated that the order would stand as posted.

CALL TO AUDIENCE

Oro Valley resident Donald Bristow expressed concerns regarding the Town’s agreement with the Office of Administrative Hearings.

Councilmember Hornat address Mr. Bristows concerns.

Oro Valley resident Geri Ottoboni expressed concerns with various election matters.

INFORMATIONAL ITEMS

There were no informational items.

PRESENTATIONS

1.

Proclamation - Drowning Impact Awareness Month - August 2016


Proclamation

Vice Mayor Waters proclaimed the month of August, 2016 as Drowning Impact Awareness Month.

2.

*Presentation recognizing the 10-11 Oro Valley All-Stars Little League Championship baseball team


Vice Mayor Waters recognized the 10-11 Oro Valley All-Stars Little League Championship baseball team and invited Coach Rene Barriga to speak.

Mr. Barriga gave an overview of the 10-11 Oro Valley All-Stars Championship baseball team and other Oro Valley Little League team standings.

CONSENT AGENDA

Councilmember Zinkin requested to remove items (B)(E) and (G - H) from the Consent Agenda for discussion.

A.

Minutes - June 15, 2016


6/15/16 Draft Minutes

C.

Cancellation of the July 20, 2016 regular Town Council meeting


D.

Resolution No. (R)16-33, authorizing and approving a license agreement between the Town of Oro Valley and Ventana Medical Systems, Inc. for the installation and maintenance of spring bollards within the Vistoso Village Drive right-of-way


(R)16-33 Ventana Medical Systems, Inc. License Agreement

EXHIBIT A

EXHIBIT B

F.

Approval of Conceptual Public Art for the Kneaders Bakery and Cafe, located on the northeast corner of Linda Vista Boulevard and Oracle Road


Attachment 1 - Location Map

Attachment 2 - Applicant Submittal

Attachment 3 - Site Plan

Attachment 4 - CDRB Staff Report

Attachment 5 - CDRB Minutes

I.

Resolution No. (R)16-35, authorizing and approving acquisition agreements for slope, drainage and utility easements for the Lambert Lane Phase II project between Rancho Sonora Drive and La Cañada Drive


(R)16-35 Lambert Lane Phase II project

MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Zinkin to approve Consent Agenda items (A), (C - D), (F) and (I).

MOTION carried, 7-0.

Exhibit A1 Potter

Exhibit A2 Contreras

Exhibit A3 Hicks

Exhibit A4 Gibbs

Exhibit A5 Golder Ranch Fire District

Exhibit A6 The Uplands at Lambert Lane HOA

B.

Fiscal Year 2015/16 Financial Update through May 2016


Attachment A - General Fund

Attachment B - Highway Fund

Attachment C - Bed Tax Fund

Attachment D-1 Community Center Fund

Attachment D-2 Troon Cash Flow

Attachment D-3 Troon F&B

Attachment E - Summary All Funds

Attachment F - Gen Fund Local Sales Tax

Coucilmember Zinkin asked for clarification regarding sales tax and recreational program revenues.

Finance Director Stacey Lemos clarified the sales tax trends and the recreational program revenues.

Parks and Recreation Director Kristy Diaz-Trahan also addressed the recreational program revenues.

Councilmember Zinkin asked for clarification regarding the ending fund balance for the Community and Recreation Center including golf, food and beverage.

Ms. Lemos clarified the ending fund balance for the Community and Recreation Center including golf, food and beverage.

Discussion ensued amongst Council and staff regarding consent item (B).

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

MOTION carried, 7-0.

E.

Approval of proposed Conceptual Architecture for Tucson Koi & Cactus Gardens, located east of Oracle Road, approximately 1/4-mile south of Magee Road


Councilmember Zinkin acknowledged Town staff for the work that had been completed on this project.

MOTION: A motion was made by Councilmember Zinkin and seconded by Vice Mayor Waters to approve the Conceptual Architecture for Tucson Cactus & Koi Gardens, finding the proposed architecture in conformance with the Design Principles and applicable Design Standards.

MOTION carried, 7-0.

ATTACHMENT 1 - LOCATION MAP

ATTACHMENT 2 - APPLICANT PROPOSAL

ATTACHMENT 3 - APPROVED SITE PLAN

ATTACHMENT 4 - CDRB STAFF REPORT

ATTACHMENT 5 - CDRB DRAFT MINUTES

G.

Approval of Conceptual Architecture for Native Grill and Wings restaurant, located at 11107 N. Oracle Road


Councilmember Zinkin inquired if the Conceptual Design Review Board was briefed on the color pallet constraints.

Planner Robert Kirschmann responded to Councilmember Zinkin regarding the color pallet constraints.

Planning Manager Bayer Vella address the PAD color pallet constraints.

Discussion ensued amongst Council and staff regarding item (G).

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Snider to accept the Conceptual Architecture for Native Grill and Wings, subject to the condition in Attachment 1, finding that request is in conformance with the Steam Pump Design Guidelines and Design Principles.

MOTION carried, 7-0.

Attachment 1 - Conditions of Approval

Attachment 2 - Location Map

Attachment 3 - Conceptual Architecture

Attachment 4 - Design Principles and Steam Ranch Design Guidelines Analysis

Attachment 5 - Steam Pump Village Development Plan

Attachment 6 - Native Final Site Plan

Attachment 7 - Neighborhood Meeting Summary

Attachment 8 - CDRB Staff Report

H.

Resolution No. (R)16-34, authorizing and approving a cooperative Intergovernmental Agreement between the Town of Oro Valley and Pima County for the Community Development Block Grant Program and Home Investment Partnership Program


Councilmember Zinkin requested clarification regarding the Intergovernmental Agreement with Pima County for the Community Development Block Grant Program and Home Investment Partnership Program.

Community Development and Public Works Director Paul Keesler discussed the programs process and introduced the Pima County Community Development and Program Manager Daniel Tylutki.

Discussion ensued amongst Council and staff regarding item (H).

Mr. Tylutki spoke regarding the cooperative and mutual benefits associated with participation in the Community Development Block Grant Program and Home Investment Partnership Program.

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Zinkin to approve Resolution No. (R)16-34, authorizing and approving a cooperative Intergovernmental Agreement between the Town of Oro Valley and Pima County for the Community Development Block Grant Program and Home Investment Partnership Program.

MOTION carried, 7-0.

(R)16-34 Pima County IGA

Attachment 1 - IGA

Attachment 2 - Letter to TM

Attachment 3 - 2013 CDGB IGA

Discussion continued amongst Council, staff and Mr. Tylutki regarding item (H).

REGULAR AGENDA

1.

PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION ON A PROPOSED FREDDY'S STEAKBURGER RESTAURANT, LOCATED AT 11143 N. ORACLE ROAD

CONDITIONAL USE PERMIT FOR A PROPOSED DRIVE THROUGH RESTAURANT
CONCEPTUAL SITE PLAN AND LANDSCAPE PLAN
CONCEPTUAL ARCHITECTURE


1a. Conditional Use Permit Conditions of Approval

1b. Conceptual Architecture Condition of Approval

2. Location Map

3. Applicant’s Submital

4. General Plan Map

5. Zoning Map

6. Driveway Exhibit

7. Conditional Use Permit evaluation criteria

8. Design Review Analysis

9. Neighborhood Meeting Summary

10. Planning and Zoning Commission Staff Report

11. Conceptual Design Review Board Staff Report and Minutes

Planner Robert Kirschmann gave an overview of the proposed Freddy's Steakburger Restaurant that included the following:

- Purpose
- Conditional Use Permit Review Criteria
- Traffic/Circulation
- Proposed Architecture
 
Community Development and Public Works Director Paul Keesler gave an overview of the proposed traffic and vehicle stacking for item #1. 

Mr. Kirschmann continued his presentation and included the following items:

- Proposed Architecture
- Neighborhood Meeting/ Public Input
- Recommendation

Vice Mayor Waters opened the public hearing.

No comments were received.

Vice Mayor Waters closed the public hearing.

MOTION: A motion was made by Councilmember Hornat and seconded by Vice Mayor Waters to approve the request subject to the conditions in Attachment 1a, based on the finding that the proposal is consistent with the General Plan, Zoning Code, and review criteria.

Discussion ensued amongst Council and staff regarding item #1.

Vice Mayor Waters recessed the meeting at 7:41 p.m.

Vice Mayor Waters reconvened the meeting at 7:51 p.m.

Discussion ensued amongst Council and staff regarding item #1.

Councilmember Burns left the meeting at 8:00 p.m.

Keri Silvyn with Lazarus, Silvyn & Bangs, P.C. and representing the master developer, clarified various traffic and use concerns for the proposed development.

Golder Ranch Fire District Fire Chief Randy Karrer addressed fire evacuation concerns regarding item #1.

Discussion continued amongst Council, staff and applicant regarding item #1.

MOTION carried, 4-1 with Councilmember Zinkin opposed.

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Hornat to approve the Conceptual Site and Landscape plans finding that the request is in conformance with the Design Principles and steam Pump Village Design Guidelines.


MOTION carried, 6-0.

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Hornat conditionally approve the Conceptual Architecture subject to the condition in Attachment 1b, finding that the request is in conformance with the Design Principles and Steam Pump Village Design Guidelines.

MOTION carried, 6-0.

2.

DISCUSSION AND POSSIBLE ACTION REGARDING SELECTION OF AN EXECUTIVE SEARCH FIRM TO CONDUCT THE TOWN MANAGER RECRUITMENT AND AUTHORIZATION OF GENERAL FUND CONTINGENCY RESERVES FOR THE RECRUITMENT PROCESS


MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Hornat select CPS-HR as the executive search firm for the Oro Valley Town Manager, with the direction that the Interim Town Manager enter into contract in a form approved by the Legal Services Director. In the event an agreement is not reached with CPS-HR the Interim Town Manager is authorized to enter into a contract in a form approved by the Legal Services Director with Ralph Andersen and that $30,000 be allocated from the Contingency Fund for payment.

Discussion ensued amongst Council and staff regarding item #2.

MOTION carried, 6-0.

3.

**DISCUSSION AND POSSIBLE DIRECTION REGARDING A CHANGE TO THE DESIGN CODE ALLOWING FOR AN EXPANDED COLOR PALETTE

Regular Agenda item #3 was removed from the agenda on July 1, 2016.


4.

DISCUSSION AND POSSIBLE DIRECTION REGARDING A BIKE SHARE PROGRAM


Discussion ensued amongst Council and Staff regarding item #4.

MOTION: A motion was made by Councilmember Garner and seconded by Councilmember Zinkin continue item #4 to the November 2, 2016 regular Town Council meeting.

MOTION carried, 6-0.

5.

DISCUSSION AND POSSIBLE DIRECTION REGARDING TOWN CODE SECTION 10-1-5 NUISANCES


MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Hornat continue item #5 to the November 2, 2016 regular Town Council meeting.

MOTION carried, 6-0.

FUTURE AGENDA ITEMS

No future agenda items were requested.

CALL TO AUDIENCE

No comments were received.

ADJOURNMENT

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Garner to adjourn the meeting at 8:22 p.m.

MOTION carried, 6-0.