PRESENT:

Paul Loomis, Mayor Al Kunisch, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Helen Dankwerth, Council Member Barry Gillaspie, Council Member Terry Parish, Council Member

Boy Scout Troop 299 led the audience in the Pledge of Allegiance.

Town Manager David Andrews reviewed the upcoming meetings and events.

Town Clerk Kathryn Cuvelier reminded citizens that the Town’s General Election is on May 20th and citizens can drop off their ballots at Town Hall or at the Pima County Recorder's Office until 7:00 p.m. that evening.

Building Director Suzanne Smith noted that it was National Building Safety Week.  She reminded residents to check their smoke detector batteries and household wiring to help ensure their safety.

Mayor Loomis presented Officer Troy Krantz with a Plaque of Appreciation and thanked him for his service on the Public Safety Personnel Retirement Board.

At the request of Council, Mayor Loomis pulled Items A, F, and H for discussion.

MOTION: A motion was made by Vice Mayor Kunisch and seconded by Council Member Dankwerth to approve the Consent Agenda minus items A, F, and H.

MOTION carried, 7-0.

A.	Minutes - 3-26-08, 4-02-08, 4-16-08 (PULLED FOR DISCUSSION)

MOTION: A motion was made by Council Member Abbott and seconded by Council Member Gillaspie to approve the minutes of March 26 and April 16, 2008 and to continue the minutes of April 2, 2008 to give her time to review the tapes.

MOTION carried, 6-1 with Council Member Parish opposed.

B.	Building Safety Activity Report - March 2008

C.	Police Report - March 2008

D.	Public Safety Fire and Emergency Medical Service Providers Quarterly Report to Council covering January 1, 2008 - March 31, 2008

E.	Resolution No. (R) 08 - 29 Adopting the Financial and Budgetary Policies for the Administration of the financial operations of the Town of Oro Valley and repealing Resolution No. (R)07-78

F.	Resolution No. (R) 08 - 30 Adopting the Parks and Recreation Department Revenue and Fee Policy (PULLED FOR DISCUSSION)

MOTION: A motion was made by Council Member Carter and seconded by Council Member Abbott to approve Resolution (R)08-30.

MOTION: A motion was made by Council Member Parish and seconded by Vice Mayor Kunisch to AMEND THE MOTION to continue consideration of Resolution (R)08-30 to a Study Session to allow more time to further study the criteria for revenues, fees and cost recovery for parks and recreation.

MOTION carried, 6-1 with Council Member Carter opposed.

G.	Resolution No. (R) 08 - 31 Declaring that certain document entitled "the Town of Oro Valley Development Fee Code", Chapter 13 a public record

H.

Resolution No. (R) 08 - 32 Providing Notice of Intent to establish Development Impact Fees for Parks and Recreation, Library, Police, General Government, Transportation, and increase Alternative Water Resources Development Impact Fees and Potable Water System Development Impact Fees - Public Hearing to be held on July 16, 2008 (PULLED FOR DISCUSSION)

Council Member Parish asked that those citizens that turned in speaker cards be allowed to speak on this item.

Mayor Loomis noted that this is a notice of intent to increase fees and the Council is not setting rates at this time.

Alex Jacome, non Town resident, representing Southern Arizona Homebuilders Association (SAHBA) commented that the Town should not count on these types of fees for revenues.  He further commented that Oro Valley and Marana are the most expensive places in Pima County to build.  He stated that SAHBA opposes the adoption of additional development impact fees.

Council Member Abbott commented that the Town is not trying to pass fees for  revenue; it is about cost recovery.  She stated that growth needs to pay for itself. 

MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Carter to adopt Resolution (R)08-32.

MOTION carried, 7-0.

I.	OV5-08-02 Approval of a public art proposal for Building 5 of the San Jose Plaza, located in proximity to the northeast corner of Oracle Road and El Conquistador Way.

Building Safety Director Suzanne Smith reviewed the Council Communication and noted that adoption of this ordinance would extend construction hours for the pouring of concrete during warmer weather, April through October between the hours of 5:00 a.m. and 7:00 p.m.  She also stated that it would create a process for an "Extended Construction Hours Work Permit" and the evaluation of circumstances that would justify the issuance of the permit, mitigation measures and notification to residential areas.  Ms. Smith further reviewed the specific proposed changes to the Town Code and requested that this ordinance be adopted with an emergency clause due to the quickly approaching hot weather.

Discussion followed regarding the $2500 fee for any infractions and who would be cited (construction company/manager/developer) and the Town Code 6-6-2J provides that "the Town may pursue injunctive relief against any person or company acting in violation of this section".

Mayor Loomis opened the floor for public comment.

The following people spoke in support of the proposed amendments to Chapters 6 and 10 citing such reasons as the heat is already playing a factor on construction, this new process for permitting would allow flexibility, addresses safety issues, economic impact to business owners, elements of sound levels of construction (inverse proportionality), the amendments would help speed up construction and they would be beneficial to everyone:
Beth Koch, Oro Valley resident and representing Sanofi-Aventis
Claude Lopez, subcontractor with Sanofi-Aventis
Robert Mitchell, DPR Construction working with Sanofi-Aventis
Kim Stone, Sanofi-Aventis
Kit Donley, Oro Valley resident and developer
Alex Jacome, Southern Arizona Homebuilders Association (SAHBA)

Further discussion followed regarding:
~  Ordinance addresses current problems and defines procedures.
~  Turns evaluation over to professional staff.
~  Defines reasonable circumstances.
~  Would be governed under the Town's Noise Ordinance so the Police Department would respond to any issues/complaints.
 ~ Provides for a civil infraction (Class 1 misdemenor) amount of $2500 and immediate revocation of permit.
~  Possibly adding PermitsPlus access for Police Department so they can utilize and check on permit issuance.

MOTION: A motion was made by Council Member Carter and seconded by Council Member Parish to adopt Ordinance (O)08-09, amending Town Code Chapter 10, Article 10-1, Section 10-1-4, Noise and amending Chapter 6, Article 6-6 by adding 6-6-2, Extended Construction Hours Work Permit.  Additionally, an emergency is hereby declared to exist; and therefore, this Ordinance shall be in full force and effect from and after its adoption and posting.

Council Member Abbott commented that she would support the motion but that she had reservations regarding 10-1-4B 6b, All Other Construction.  She asked that this item come back to Council for review in six months for review.

MOTION carried, 7-0.

Mayor Loomis recessed the meeting at 8:10 p.m.  The meeting resumed at 8:20 p.m. 

Mayor Loomis opened the public hearing.  There being no speakers, the public hearing was closed.

MOTION: A motion was made by Council Member Parish and seconded by Council Member Carter to recommend approval of the issuance of the Series 10 Liquor License to the Arizona State Liquor Board for Mr. H. Lewkowitz and principals at Cost Plus World Market to be located at 11975 N. Oracle Road.

MOTION carried, 7-0.

Mike Addis, Addisigns, representing the applicant, Golf Villas Condominiums, stated that they are requesting a second sign at the entrance to the Golf Villas.  He explained that this would provide identification to the site for the traffic driving south on La Canada.  He further stated that this sign request was approved by the Development Review Board.

Planning and Zoning Director Sarah More reviewed the Council Communication and explained that this is a request for a Master Sign Program for the Golf Villas located south of Town Hall.  She explained that the applicant has agreed to upgrade the existing sign so that the second sign would match.  She further stated that staff reviewed the request and found that it meets applicable Zoning Code and traffic safety requirements.

Discussion followed regarding the proposed sign and resurfacing of the existing sign, the Master Sign Program, internal directional signage is not being requested, and the additional sign would provide better visibility to the complex to traffic headed south on La Canada Drive.

MOTION: A motion was made by Council Member Parish and seconded by Council Member Dankwerth to approve OV3-07-05, Master Sign Program for Golf Villas Condominiums with the condition that requires the applicant to resurface the existing sign to match the new sign.

MOTION carried, 7-0.

Town Manager David Andrews reviewed the Council Communication highlighting the term limits section of the appointment process of the current policy for Boards and Commissions, Advisory Boards and Task Forces.

Discussion followed regarding:
 ~  The upcoming openings and interviews for the Boards and Commissions.
 ~  Term limits were studied by a citizen’s task force.
 ~  Qualified citizens continue to volunteer their time.
~   Possibly continue consideration of the term limits until the new Council is seated and to allow time to look at the current policy and the policies of surrounding jurisdictions. 

The consensus of the Council was to continue this item to a July or August Study Session.

Council Member Abbott requested that staff provide an update on Arroyo Grande and the Arizona State Lands position regarding the initiative that has been filed regarding the preservation of that land and what their perspective is.  Council Member Gillaspie seconded the request.

MOTION: A motion was made by Council Member Carter and seconded by Council Member Parish to adjourn at 8:45 p.m.

MOTION carried, 7-0.