MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
September 7, 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 6:02 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

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

COUNCIL REPORTS

Vice Mayor Waters encouraged citizens to participate in the Community Conversation on Distracted Driving held on September 22, 2016 at the Hilton El Conquistador Golf & Tennis Resort and introduced Oro Valley Police Lieutenant Chris Olson. Mr. Olson gave an overview of distracted driving and discussed the need for a community conversation on this issue.

DEPARTMENT REPORTS

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

Parks and Recreation Director Kristy Diaz-Trahan gave an overview of the Western Area Power Authority (WAPA) easement and discussed the history associated with this easement and its access to State Trust land.

Mayor Hiremath asked for clarification regarding the Town's legal jurisdiction for the WAPA easement.

Town Attorney Gary Verburg responded that he was not able to perform a legal review of all land use documents at this time and stated it would be very challenging for the Town to do anything as they do not own the land.

ORDER OF BUSINESS

Mayor Hiremath re-organized the agenda as follows: Presentation #4 would be heard second under Presentations.

INFORMATIONAL ITEMS

1.

Councilmember Zinkin - NLC 2016 Summer Board & Leadership Meeting Trip Report


Zinkin NLC 2016 Summer Board & Leadership Meeting Trip Report

2.

Letter of Appreciation - Oro Valley Police Department


Feddersen, Alan

3.

Public Safety Providers Quarterly Reports


GRFD Quarterly Report

MVFD Quarterly Report

OVPD Quarterly Report

CALL TO AUDIENCE

Damion Alexander

Damion Alexander spoke in support of maintaining access to State Trust land by way of the WAPA easement and spoke of the importance of this access to the cycling community.

Oro Valley resident Angela Greynolds

Oro Valley resident Angela Greynolds spoke in support of maintaining access to State Trust land via the WAPA easement and spoke of the importance of this access to the trail running community.

State Representative Bruce Wheeler

State Representative Bruce Wheeler spoke as an advocate to help maintain access to public State Trust lands.

Steve Morganstern

Steve Morganstern, local business owner, spoke in support of maintaining access to State Trust land and spoke of the economic importance the trail provided the community.

Oro Valley resident Mike Brilz

Oro Valley resident Mike Brilz spoke in support of maintaining access to State Trust land and asked that the Town look into the legalities of this issue.

David Grant

David Grant spoke in support of maintaining access to State Trust land.

Olivia Rasmussen

Olivia Rasmussen, ambassador for the Juvenile Diabetes Research Foundation, spoke in support for maintaining access to the WAPA easement. Ms. Rasmussen stated she utilized the trail for exercise to help manage her diabetes.

Oro Valley resident Tany Eltze

Oro Valley resident Tany Eltze spoke in support of maintaining access to State Trust land and addressed a list of perceived problems from the area homeowners.

Oro Valley resident Jeanne Denaro

Oro Valley resident Jeanne Denaro voiced her concerns regarding the allowance of public access to the WAPA easement.

Oro Valley resident Jim Vieregg

Oro Valley resident Jim Vieregg spoke in opposition for the allowance of public access to the WAPA easement and voiced his concerns regarding the continued usage of trail #180.

Mayor Hiremath recessed the meeting at 6:40 p.m.

Mayor Hiremath reconvened the meeting at 6:45 p.m.

Mayor Hiremath directed staff to continue to work with the Honey Bee Ridge Estates Home Owners Association, the cycling and hiking communities and surrounding area homeowners in order to keep everyone informed in hopes of reaching an amicable solution.

Oro Valley resident Tom McKenzie

Oro Valley resident Tom McKenzie voiced his concerns with noise issues related to the WAPA easement being utilized as a bicycle trail.

Oro Valley resident Sally Schuneman

Oro Valley resident Sally Schuneman spoke in opposition to bicycle use on the Wapa trail due to the amount of dust produced by the bicyclist on this trail.

Steve Bohn

Steve Bohn spoke in support of maintaining access to State Trust land and spoke of the value the trail access brought to the community.

Oro Valley resident Christopher Benson

Oro Valley resident Christopher Benson spoke in support of maintaining access to State Trust land and addressed environmental concerns from bicycle use on trails.

Oro Valley resident Stuart Schwartz

Oro Valley resident Stuart Schwartz spoke in opposition of maintaining access to State Trust land and expressed his concerns of potential liability issues for area homeowners.

Mayor Hiremath recessed the meeting at 6:55 p.m.

Mayor Hiremath reconvened the meeting at 7:00 p.m.

PRESENTATIONS

1.

Presentation of a card of appreciation from the Youth Advisory Council to the Oro Valley Police Department, supporting first responders


Oro Valley Youth Advisory Council members presented the Oro Valley Police Department with a card of appreciation signed by Oro Valley teens at the Dive in Movie Night.  

4.

Proclamation - National Preparedness Month


Proclamation

Mayor Hiremath proclaimed the month of September, 2016 as National Preparedness Month.

2.

Presentation by Brent DeRaad, President/CEO of Visit Tucson


Brent DeRaad, President & CEO of Visit Tucson gave an overview of Oro Valley's investment in Visit Tucson that included the following:

- Oro Valley's 2015-16 ROI from Visit Tucson
- Growing Tourism - 2015-16
- 2016-17 Objectives

Discussion ensued amongst Council and staff regarding Mr. DeRaad's presentation.

3.

Presentation by Dave Perry, President/CEO of the Greater Oro Valley Chamber of Commerce


Dave Perry, President and CEO of the Greater Oro Valley Chamber of Commerce, presented the following information:

- Our Mission
- Our Corporate Partners
- Measure of Performance
- How we Measure Ourselves
- Be a Prominent Leader
- Be the go-to Organization
- Greater Oro Valley Chamber of Commerce Foundation
- Be the Community Welcome Center
- State of the Town Address 2016

CONSENT AGENDA

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

Councilmember Burns requested that item (C) be removed from the Consent Agenda for discussion.

A.

Minutes - July 6, 2016


7-6-16 Draft Minutes

D.

Resolution No. (R)16-38, adopting the Oro Valley Transit Services Division Title VI Plan


(R)16-38 Transit Title VI Plan

Title VI Plan

F.

Appointment of Judges Pro Tempore for the Oro Valley Magistrate Court


G.

Visit Tucson Quarterly Report: April 1, 2016 - June 30, 2016


Visit Tucson FPA

Visit Tucson 4th Quarter Report

ROI

H.

Greater Oro Valley Chamber of Commerce Quarterly Report: April 1, 2016 - June 30, 2016


Chamber FPA

Chamber 4th Quarter Report

J.

Resolution No. (R)16-39, authorizing and approving modifications to an Intergovernmental Agreement between the Arizona Department of Revenue and the Town of Oro Valley regarding administration of taxes imposed by the state, cities or towns


(R)16-39 ADOR IGA Amendments

Exhibit A IGA Modification

Summary of ADOR IGA Changes

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to approve Consent Agenda items (A), (D), (F-H) and (J).

MOTION carried, 7-0.

B.

Fiscal Year 2015/16 financial update through June 2016 (year-end)


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

Councilmember Zinkin asked for clarification regarding attachment D-2 and how it pertained to the Town Managers Recommended Budget.

Finance Director Stacey Lemos clarified attachment D-2 and the Town Managers Recommended Budget.

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

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

MOTION carried, 7-0.

C.

Resolution No. (R)16-37, authorizing and approving an Intergovernmental Agreement between the Town of Oro Valley and Pima County regarding payment for the incarceration of municipal prisoners


(R)16-37 IGA Prisoner Incarceration

Incarceration of Municipal Prisoners IGA

Councilmember Burns requested clarification regarding the billing for the incarceration of municipal prisoners.

Interim Town Manager Danny Sharp clarified the billing questions regarding the incarceration of municipal prisoners.

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

MOTION carried, 7-0.

E.

Request for approval of a two year extension of the Miller Ranch Master Development Plan, located on the northwest corner of Tangerine Road and La Canada Drive (This item moved to Regular Agenda Item #7 on 9/1/16 at 2:30 p.m.)


Attachment 1 - Master Development Plan

Attachment 2 - Location Map

Attachment 3 - Application

I.

Conceptual Architecture for the sanctuary and youth building at the Canyon del Oro Baptist Church, located at 9005 North Oracle Road


Attachment #1 Location Map

Attachment #2 Elevations

Attachment # 3 Site Plan

Attachment # 4 Existing Architecture

Attachment # 5 Pusch Ridge

Attachment # 6 Single Family Homes

Attachment # 7 View from Oracle

Attachment # 8 Design Principles

Attachment # 9 CDRB Staff Report

Attachment #10 CDRB Minutes

Councilmember Zinkin expressed his concerns regarding the applicants request and approval to increase the height of the Sanctuary and Youth Building at the Canyon del Oro Baptist Church.

Planner Robert Kirschmann responded to Councilmember Zinkin and clarified the Zoning Code height allowance for sanctuaries. 

Ed Marley, SWAIM Principal, clarified the reason for the request to increase the height on the building.

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

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

MOTION carried, 6-1 with Councilmember Zinkin opposed.

REGULAR AGENDA

1.

DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSED COMMUNICATIONS FACILITY (CELL TOWER ON A LIGHT POLE) ON THE CANYON DEL ORO HIGH SCHOOL GROUNDS, LOCATED AT 25 W. CALLE CONCORDIA


Attachment 1 - Location Map

Attachment 2 - Application

Attachment 3 - Zoning Map

Attachment 4 - CDRB Staff Report

Attachment 5 - Map and Photos of Existing Vertical Elements

Attachment 6 - Photos of Proposed Site

Attachment 7 - Neighborhood Meeting Summary

Attachment 8 - Letter of Objection

Attachment 9 - CDRB Meeting Minutes

Senior Planner Rosevelt Arellano presented item #1 and outlined the following:

- Location
- Compatibility
- Design
- Public Participation
- Summary and Recommendation

Discussion ensued amongst Council and staff regarding item #1.

Michelle Lamoureux, representing the applicant Pinnacle Consulting, Inc., spoke regarding the color and maintenance of the cell tower.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to approve the proposed communication facility at Canyon del Oro High School, finding that the request is compatible with the surrounding area and meets the applicable zoning provisions.

MOTION carried, 7-0.

2.

AMENDING SECTION 28.6 OF THE ORO VALLEY ZONING CODE REGARDING A-FRAME SIGNS


a.

RESOLUTION NO. (R)16-40, DECLARING THE PROPOSED AMENDMENTS TO CHAPTER 28 OF THE ORO VALLEY ZONING CODE RELATED TO A-FRAME SIGNS, PROVIDED AS EXHIBIT "A" WITHIN THE ATTACHED RESOLUTION AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD


(R)16-40 A-Frame Signs

MOTION: A motion was made by Councilmember Zinkin and seconded by Vice Mayor Waters adopt Resolution No. (R)16-40, declaring the proposed amendments to the Oro Valley Zoning Code Revised Chapter 28 related to A-frame signs, attached hereto as Exhibit "A" and filed with the Town Clerk, a public record.

MOTION carried, 7-0.

b.

PUBLIC HEARING: ORDINANCE NO. (O)16-09, AMENDING CHAPTER 28 OF THE ORO VALLEY ZONING CODE TO ESTABLISH STANDARDS FOR A-FRAME SIGNS


(O)16-09 A-Frame Zoning Code Amendments

Attachment 2 PZC July Study Session Staff Report and Attachments

Attachment 3 PZC July Minutes

Attachment 4 PZC August Staff Report and Attachments

Attachment 5 PZC August Minutes

Attachment 6 Chamber of Commerce Comments

Attachment 7 General Plan Analysis

Attachment 8 Letter of Concern

Senior Planning Technician Patty Hayes presented item #2b. and outlined the following:

- Purpose
- Temporary Code Standards
- New Standards
- General Plan
- Outreach

Economic Development Manager Amanda Jacobs gave an overview of staff's outreach t the business community regarding A-frame signs.

Ms. Hayes concluded the presentation with a summary and recommendation.

Mayor Hiremath opened the public hearing.

The following individual opposed item #2b.

Oro Valley resident Donald Bristow

The following individuals supported item #2b.

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

Oro Valley resident and business owner Jenny Ritchie

Mayor Hiremath closed the public hearing.

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

MOTION: A motion was made by Councilmember Snider and seconded by Vice Mayor Waters to approve Ordinance No. (O)16-09, an amendment to Chapter 28 of the Oro Valley Zoning Code establishing A-frame sign standards.

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

3.

AMENDING SECTIONS 25 AND 31 OF THE ORO VALLEY ZONING CODE AS THEY RELATE TO OUTDOOR DISPLAYS


a.

RESOLUTION NO. (R)16-41, DECLARING THE PROPOSED AMENDMENTS TO THE ORO VALLEY ZONING CODE CHAPTERS 25 AND 31, RELATED TO OUTDOOR DISPLAYS, PROVIDED AS EXHIBIT "A" WITHIN THE ATTACHED RESOLUTION AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD


(R)16-41 Outdoor Display’s

MOTION: A motion was made by Councilmember Zinkin and seconded by Vice Mayor Waters adopt Resolution No. (R)16-41, declaring the proposed amendments to the Oro Valley Zoning Code Revised chapters 25 and 31 related to Outdoor Displays, attached hereto as Exhibit "A" and filed with the Town Clerk, and public record.

MOTION carried, 7-0.

b.

PUBLIC HEARING: ORDINANCE NO. (O)16-10, AMENDING CHAPTERS 25 AND 31 OF THE ORO VALLEY ZONING CODE TO ESTABLISH STANDARDS FOR OUTDOOR DESPLAYS


(O)16-10 Outdoor Displays

Attachment 2 PZC July Study Session Staff Report and Attachments

Attachment 3 PZC July Minutes

Attachment 4 PZC August Staff Report and Attachments

Attachment 5 PZC Draft August Minutes

Attachment 6 Chamber of Commerce Comments

Attachment 7 General Plan Analysis

Attachment 8 Letter of Concern

Senior Planning Technician Patty Hayes gave an overview of the proposed Zoning Code amendments establishing standards for outdoor displays that included the following:

- Purpose
- Temporary Code Standards
- Size Limitations
- Clear Pathways
- General Plan
- Outreach

Economic Development Manager Amanda Jacobs gave an overview of the business outreach process.

Ms. Hayes concluded the presentation with a summary and recommendation.

Mayor Hiremath opened the public hearing.

The following individual opposed item #3b.

Oro Valley resident Donald Bristow

The following individuals spoke in favor of item #3b.

Oro Valley resident Alan Dankwerth

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

Mayor Hiremath closed the public hearing.

Discussion ensued amongst Council and staff regarding the proposed standards for outdoor displays.

MOTION: A motion was made by Councilmember Snider and seconded by Vice Mayor Waters to approve Ordinance No. (O)16-10, an amendment to Chapters 25 and 31 of the Oro Valley Zoning Code establishing Outdoor Display standards.

Discussion continued amongst Council and staff regarding item #3b. 

An amendment was made by Councilmember Garner and seconded by Councilmember Zinkin to stipulate that merchandise sold inside shall also be sold outside.

AMENDMENT: fails 5-2 with Mayor Hiremath, Vice Mayor Waters, Councilmember Burns, Councilmember Hornat and Councilmember Snider opposed.

MAIN MOTION: carried, 6-1 with Councilmbmer Burns opposed.

4.

AMENDING SECTION 25.2 OF THE ORO VALLEY ZONING CODE RELATING TO HOME OCCUPATIONS


a.

RESOLUTION NO. (R)16-42, DECLARING THE PROPOSED AMENDMENTS TO CHAPTER 25 OF THE ORO VALLEY ZONING CODE RELATED TO HOME OCCUPATIONS, PROVIDED AS EXHIBIT "A" WITHIN THE ATTACHED RESOLUTION AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD


(R)16-42 Home Occupations

MOTION: A motion was made by Mayor Hiremath and seconded by Councilmember Snider to accept Resolution No. (R)16-42, declaring the proposed amendments to the Oro Valley Zoning Code Revised sections 25.1 and 31 related to Outdoor Displays, attached hereto as Exhibit "A" and filed with the Town Clerk, a public record.

MOTION carried, 7-0.

b.

PUBLIC HEARING: ORDINANCE NO. (O)16-11, AMENDING CHAPTERS 25 AND 31 OF THE ORO VALLEY ZONING CODE TO UPDATE THE HOME OCCUPATION REGULATIONS


(O)16-11 Home Occupation

Attachment 2 PZC July Study Session Staff Report and Attachments

Attachment 3 July PZC Minutes

Attachment 4 PZC August Staff Report and Attachments

Attachment 5 PZC August Minutes

Attachment 6 Comparison of Existing and Proposed Code

Attachment 7 General Plan Analysis

Senior Planning Technician Patty Hayes gave an overview of item #4b that included the following:

- Purpose
- What is a Home Occupation ?
- Background
- Current List Based Approach
- Home Baking Business
- General Plan
- Summary and Recommendation

Mayor Hiremath opened the public hearing.

The following individuals supported item #4b.

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

Mayor Hiremath closed the public hearing.

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

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Burns to approve Ordinance No. (O)16-11, an amendment to Chapters 25 and 31 regarding home occupation standards and reflects that any decisions made by the Planning and Zoning Commission would be appealable to Council.

MOTION carried, 7-0.

Mayor Hiremath recessed the meeting at 9:23 p.m.

Mayor Hiremath reconvened the meeting at 9:32 p.m.

5.

DISCUSSION AND POSSIBLE ACTION REGARDING A REVISED MASTER SIGN PROGRAM FOR THE ROONEY RANCH SHOPPING CENTER, INCLUDING THE FRY’S GROCERY AND FUEL CENTER, LOCATED AT 10661 N. ORACLE ROAD


Attachment 1 Applicant’s Submittal

Attachment 2 Location Map

Attachment 3 Photos of Gas Signs

Attachment 4 Comparision of Current and Proposed MSP to Zoning Code

Attachment 5 General Plan Analysis

Attachment 6 CDRB Staff Report

Attachment 7 CDRB Minutes

Senior Planning Technician Patty Hayes gave an overview of item #5 that included the following:

- Purpose
- Location
- History
- Proposed Revision
- Sign Locations
- General Plan
- Summary and Recommendation

Discussion ensued amongst Council and staff regarding item #5.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Garner to approve the revised Master Sign Program for the Rooney Ranch Shopping Center allowing electronic changeable fuel prices and an additional monument sign.

Discussion continued amongst Council and staff regarding item #5.

MOTION carried, 7-0.

6.

DISCUSSION AND POSSIBLE DIRECTION REGARDING FINANCIAL PARTICIPATION AGREEMENTS AND COUNCIL POLICY REGARDING DELEGATION OF AUTHORITY TO STAFF RELATED TO PERFORMANCE MEASURES IN SUCH AGREEMENTS


Councilmember Zinkin presented item #6.

Discussion ensued amongst Council and staff regarding financial participation agreements and Council policy regarding delegation of authority to staff related to performance measures in such agreements.

7 *REQUEST FOR APPROVAL OF A TWO YEAR EXTENSION OF THE MILLER RANCH MASTER DEVELOPMENT PLAN, LOCATED ON THE NORTHWEST CORNER OF TANGERINE ROAD AND LA CANADA DRIVE (Item moved from Consent Agenda Item E to Regular Agenda on 9/1/16 at 2:30 p.m.)


Senior Planner Rosevelt Arellano gave an overview of item #7 that included the following:

- Purpose
- Previous Approvals
- Recommendation


The following individual spoke on item #7.

Oro Valley resident Darryl Boyer

Discussion ensued amongst Council and staff regarding item #7.

MOTION: A motion was made by Mayor Hiremath and seconded by Councilmember Snider to approve the request for a two year extension of the Miller Ranch Master Development Plan to July 21, 2018.

MOTION carried, 7-0.

FUTURE AGENDA ITEMS

Councilmember Burns requested a future agenda item to discuss turning WAPA trail #180 into a Town owned trail, seconded by Councilmember Garner.

Councilmember Zinkin requested a future agenda item to be placed on the September 21 regular Town Council meeting agenda to discuss the future of the Overlook restaurant at the Community Center, seconded by Councilmember Garner.

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 10:17 p.m.

MOTION carried, 7-0.