MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
September 7, 2016
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
Mayor Hiremath called the meeting to order at 6:02 p.m.
PRESENT: |
Satish Hiremath, Mayor Lou Waters, Vice Mayor Brendan Burns, Councilmember Bill Garner, Councilmember Joe Hornat, Councilmember Mary Snider, Councilmember Mike Zinkin, Councilmember |
Mayor Hiremath led the audience in the Pledge of Allegiance.
Economic Development Manager Amanda Jacobs announced the upcoming Town meetings and events.
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.
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.
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 |
2. |
Letter of Appreciation - Oro Valley Police Department |
3. |
Public Safety Providers Quarterly Reports |
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 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 spoke as an advocate to help maintain access to public State Trust lands.
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 spoke in support of maintaining access to State Trust land and asked that the Town look into the legalities of this issue.
David Grant spoke in support of maintaining access to State Trust land.
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 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 voiced her concerns regarding the allowance of public access to the WAPA easement.
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 voiced his concerns with noise issues related to the WAPA easement being utilized as a bicycle trail.
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 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 spoke in support of maintaining access to State Trust land and addressed environmental concerns from bicycle use on trails.
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.
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.
Mayor Hiremath proclaimed the month of September, 2016 as National Preparedness Month.
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.
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
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 |
D. |
Resolution No. (R)16-38, adopting the Oro Valley Transit Services Division 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 |
H. |
Greater Oro Valley Chamber of Commerce Quarterly Report: April 1, 2016 - June 30, 2016 |
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 |
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.
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.
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.) |
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
No comments were received.
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.