PRESENT:

Satish Hiremath, Mayor Barry Gillaspie, Councilmember Joe Hornat, Councilmember Mary Snider, Councilmember Steve Solomon, Councilmember Lou Waters, Councilmember

EXCUSED:

Bill Garner, Vice Mayor

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Waters to go into Executive Session pursuant to ARS 38-431.03(A)(3) Legal Advice regarding annexation.

MOTION carried, 6-0.

Mayor Hiremath announced that joining Council in Executive Session would be Interim Assistant Town Manager Stacey Lemos, Town Attorney Tobin Rosen, Town Clerk Kathryn Cuvelier, Assistant to the Town Manager Kevin Burke and Economic Development Manager Amanda Jacobs.

MOTION: A motion was made to go out of Executive Session at 6:00 p.m. by Councilmember Snider and seconded by Councilmember Waters.

MOTION carried, 6-0.

PRESENT:

Satish Hiremath, Mayor Barry Gillaspie, Councilmember Joe Hornat, Councilmember Mary Snider, Councilmember Steve Solomon, Councilmember Lou Waters, Councilmember

EXCUSED:

Bill Garner, Vice Mayor

Click here for item 1

Planning Division Manager David Williams and Town Attorney Tobin Rosen reviewed the proposed State Proposition 203, the Arizona Medical Marijuana Act and the Town’s proposed ordinance to regulate facilities related to the cultivation and dispensation of medical marijuana. 

It was discussed that the proposed ordinance would amend the Oro Valley Zoning Code Revised (OVZCR) to regulate the use and location of marijuana dispensaries and cultivation locations.  The OVZCR does not currently regulate this type of use or facilities.  The City of Tucson, Pima County and Marana have considered similar code amendments.  It was explained that the Planning Division has worked closely with the Town’s Legal Department and obtained assistance from other jurisdictions to draft the amendment.  It was clarified that this amendment does not create new restrictions on the use of property and is not intended to reduce any existing rights to use, divide, sell or possess private real property. 

It was also explained that adoption of the proposed resolution would authorize and approve the Pima County Ordinance allowing Pima County to enforce provisions for registering dispensaries, cardholders, caregivers, and patients within our Town boundaries.

Mayor Hiremath opened the Public Hearing.

Oro Valley resident Kimberly Haslet expressed her desire to open a medical marijuana dispensary to help those people in Oro Valley that have serious health issues.  She asked for reasonable and appropriate zoning laws and stated that limiting the hours of operation for a dispensary will not cut down the crime rate.  She asked that Council step back and talk to other attorneys before make this decision.  She stated that the Arizona Proposition is only 34 pages and is not like California.

Oro Valley resident Caleb Devpree stated that her mother had 3 medical conditions that would have met the list in Proposition 203.  He felt that her pain could have been better controlled if medical marijuana would have been available.  He expressed his support of the adoption of the proposed Ordinance and Resolution.

Pima County Chief Deputy County Attorney Amelia Cramer spoke on behalf of Pima County Attorney Barbara LaWall.  She thanked Oro Valley staff for preparing the regulations and spoke in support of the proposed medical marijuana regulations.  She explained that the City of Tucson Council plans to vote November 9th on their Ordinance with an emergency clause so that the regulations will go into effect immediately.  She explained the reasons for the regulations needed in the proposed ordinance.  The Pima County Attorney strongly urged the Mayor and Council to adopt the proposed Ordinance and Resolution. She clarified that a total of 124 dispensaries will be allowed on a "first come, first serve" basis anywhere within the State of Arizona. 

Oro Valley resident Diane Manchester stated that she recently retired from City of Phoenix Police Department due to her diagnosis of Multiple Sclerosis.  She explained her reasons for supporting the passage of the medical marijuana proposition for medical usage.

Mayor Hiremath closed the public hearing.

MOTION: Councilmember Waters MOVED to adopt Ordinance No. (O)10-13, Definitions and Regulations related to Medical Marijuana in the form of an amendment to the zoning code as specified in the Ordinance, and adoption of Resolution No. (R)10-78, authorizing Pima County to enforce county ordinance 2010-58 relating to registration of medical marijuana dispensaries, cardholders, caregivers, dispensary agents and qualifying patients. MOTION SECONDED by Councilmember Gillaspie.

MOTION carried 6 - 0.

Click here for item 2

MOTION:  Councilmember Snider MOVED to appoint Oro Valley resident Mark Napier to serve on the Planning and Zoning Commission with term effective through December 31, 2011.  MOTION SECONDED by Councilmember Hornat.

MOTION carried, 6 - 0.

No future agenda items were requested.

MOTION:  A MOTION was made by Councilmember Hornat and seconded by Councilmember Waters to adjourn the special session at 6:54 p.m. 

MOTION carried, 6 - 0.

PRESENT:

Satish Hiremath, Mayor Barry Gillaspie, Councilmember Joe Hornat, Councilmember Mary Snider, Councilmember Steve Solomon, Councilmember Lou Waters, Councilmember

EXCUSED:

Bill Garner, Vice Mayor

Click here for item 1

Economic Development Manager Amanda Jacobs reviewed the joint marketing options with the Town of Marana. 

It was discussed that this was a great partnership with the Town of Marana and a great way to start pursuing future marketing projects.

Click here for item 2

Economic Development Manager Amanda Jacobs, Planning Manager David Williams and the Mayor and Council reviewed and discussed the Sign Code Task Force recommendations for Permanent Signs including Entryway Signs, Freestanding/Monument Signs, Under Canopy Signs, Wall Signs and Signage Illumination.

Mayor Hiremath opened the floor for public comment.

Oro Valley resident Donald Bristow expressed his support for the businesses to turn off their illuminated signage at 10 p.m.

Oro Valley resident Bill Adler objected to the Council’s process of reviewing the Sign Code Task Force’s recommendations based on feelings and not facts or formula or science.  He stated that it is arbitrary to make decisions on the Code based upon feelings and comfort levels rather than fact based information.  He stated that it would be better to accept the United States Sign Council’s framework, some signage may be slightly larger, but it would be the most unobtrusive because the design, location and attractiveness of it would be pleasing.

It was clarified that Council did read the recommendations and Council was not voting on the Sign Code Task Force recommendations, but simply giving staff direction on how to write the Code amendments to bring back to a future public hearing.

Click here for item 3

Economic Development Manager Amanda Jacobs stated that staff recommends approval of the Sign Code Task Force recommendations.  She then reviewed the Chart of Recommendations regarding the quantity, location and duration of the Real Estate Signs.

Mayor Hiremath opened the floor for public comment.

Oro Valley resident Bill Adler expressed concerns with making changes to the sign code and felt there is no rationale for making any changes.

Economic Development Manager Amanda Jacobs stated that at the November 17th Regular Session, the Sign Code recommendations for temporary signs will be discussed.  She also stated that the Sign Code Task Force recommendations and the temporary sign waiver program will then be brought back to the Council in January 2011 and the public hearing for these items will be held in February 2011.

MOTION: Councilmember Waters MOVED to adjourn the study session at 8:07 p.m.  Motion seconded by Councilmember Gillaspie.

MOTION carried, 6-0.