PRESENT:

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

EXCUSED:

Helen Dankwerth, Council Member

MOTION: A motion was made by Council Member Parish and seconded by Vice Mayor Kunisch to approve Resolution No. (R)08-41 Canvassing the vote of the results of the May 20, 2008 General election.

MOTION carried, 6-0.

Mayor Loomis presented a Plaque of Appreciation to Council Member Parish for his service on the Town Council.

In his farewell speech, Council Member Parish stated that he did not mind losing to Council Member Gillaspie. He noted that he felt that Council Member Gillaspie worked hard to find a way to make issues work in the best interests of the Town. He thanked Town staff for their assistance and expressed his appreciation to Council Member Gillaspie and Mayor Loomis for their hard work.

Town Clerk Kathi Cuvelier administered the Oath of Office to incoming Council Members Bill Garner, Salette Latas and incumbent Barry Gillaspie.

PRESENT:

Paul Loomis, Mayor Al Kunisch, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Barry Gillaspie, Council Member Salette Latas, Council Member Bill Garner, Council Member

Town Manager David Andrews congratulated the new council members and
reviewed the upcoming meeting announcements.

Council Member Abbott reported that she returned from a trip to Florida and witnessed one of the last launches of the space shuttle.

Assistant Town Manager Jerene Watson reported that House Bill 1406 had passed in the House and the Senate will be voting on this item this week. She noted that she relayed concerns regarding this bill to Governor Napolitano’s aide. She stated that numerous cities and towns would be impacted by this bill.

Water Utility Director Philip Saletta updated Council on the Water Utility Department’s projects:
~The Reclaimed Water Project Phase II was proceeding on schedule and within 
  budget.
~The pipeline on the west side of La Canada Drive that stems from Naranja Drive
   to Tangerine Road has been tested and completed.
~The pond at the north golf course was completed.
~The pipeline at Painted Sky Elementary school was 85% complete.
~Painted Sky Elementary and the pond on the south golf course were expected 
  to be completed by the end of June.
~It was estimated that there will be a 25% reduction of groundwater usage in the
  community when these projects have been completed. 

Planning and Zoning Director Sarah More stated that the Planning and Zoning Commission held study sessions regarding the five proposed General Plan amendments. She noted that the Kai Capri General Plan Amendment request was withdrawn by the applicant. She informed the Council that public hearings for General Plan Amendments will be held before the Planning and Zoning Commission on July 1, 10 and 15, 2008.

A.	Minutes - 4/09/08, 5/03/08, 5/07/08, 5/12/08

B.	Building Safety Activity Report - April 2008

C.	Police Report - April 2008

D.

Resolution No. (R)08-42 Authorizing and Approving a Purchase Agreement between Overland Vistoso Limited Partnership, LLP, an Arizona limited partnership and the Town of Oro Valley for land acquisition in the amount of $702,663.00 for 1.6 acres located at Rancho Vistoso Neighborhood 2 Parcel B, utilizing Regional Transportation Authority (RTA) Funds for a Park and Ride Facility within the Town of Oro Valley, identified in the Regional Transportation Plan ("the Plan").

E.	Resolution No. (R)08-43 Approving the High Intensity Drug Trafficking Area (HIDTA) Grant agreement between the Arizona Criminal Justice Commission (ACJC) and the Town of Oro Valley allowing for one (1) Officer to be assigned to the Pima County HIDTA Investigative Task Force (PCHITF)

F.	Resolution No. (R)08-44 Approving the High Intensity Drug Trafficking Area (HIDTA) Grant agreement between the Arizona Criminal Justice Commission (ACJC) and the Town of Oro Valley allowing for two (2) Officers to be assigned to the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA)

G.	Approval of the employee benefits recommendations provided by the Human Resources Office for the 2008-2009 Benefits Plan Year

MOTION: A motion was made by Council Member Gillaspie and seconded by Vice Mayor Kunisch to approve the Consent Agenda.

MOTION carried, 7-0.

Mayor Loomis opened the public hearing at 7:35 p.m. There being no speakers, he closed the hearing. 

MOTION: A motion was made by Vice Mayor Kunisch and seconded by Council Member Carter to approve the application for a Series 12 (Restaurant) Liquor License for Sol Mexican Grill (dba Sol Chimis & Cerveza) to be located at 11901 N. First Avenue.

MOTION carried, 7-0.

Mayor Loomis opened the public hearing at 7:40 p.m. There being no speakers, he closed the hearing.

MOTION: A motion was made by Council Member Abbott and seconded by Council Member Carter to approve Ordinance No. (O)08-10 adopting Chapter 13, the Town of Oro Valley Development Fee Code; and repealing all resolutions, ordinances and rules of the Town of Oro Valley in conflict therewith.

MOTION carried, 7-0.

Planning and Zoning Director Sarah More stated that this item addressed solely the maintenance of public art and the Planning and Zoning Commission recommended approval. She noted that artwork must be preserved as it was intended to appear. She stated that the purpose of this item was to clarify enforcement of preservation. She noted that the Public Art Review Committee (PARC), a planning consultant and Staff were developing a more comprehensive amendment and anticipated bringing it to Council in the Fall.

Mayor Loomis opened the public hearing at 7:43 p.m.

Oro Valley resident and artist Matthew Moutafis noted that he created most of the art in Oro Valley. He stated his appreciation for this amendment and questioned whether the amendment would be retroactive to the first artwork erected in 1999. He also questioned the wording "intended appearance".

Mayor Loomis closed the public hearing at 7:46 p.m.

Discussion noted the following:
~The amendment could not work retroactively.
~The owner of a property with artwork was required to maintain it.
  *Who maintained the art was up to the owner.
~As with any zoning requirement, subsequent owners would be required to maintain the artwork.
~Photos were kept for reference to maintain the original look.
~Any changes made to existing artwork would need to be reviewed by the PARC and brought to Council for approval.

MOTION: A motion was made by Council Member Latas and seconded by Council Member Garner to adopt with amendments Ordinance No. (O)08-11 OV7-08-02 Planning and Zoning department text amendment as depicted in Exhibit A to Oro Valley Zoning Code Section 27.3 Public Art Provisions; with the amendment to paragraph F as follows:
     The installation of the artwork will be done in a manner that will protect the 
     artwork and the public. Continued maintenance of the artwork shall be the
     responsibility of the property owner, and the artwork shall be maintained in
     such a manner as to preserve its appearance as approved by the Town
     Council.

MOTION carried, 7-0.

Council Member Carter stated that due to the heavy workload in the Planning and Zoning department, Commissioner Doug McKee’s term should be extended to 2009.

Discussion noted the following:
~This item had been discussed at the May 7, 2008 Council meeting and was to be continued at a future meeting in July.
~Term limits were studied and recommended by a citizen’s task force.
~Currently on the Planning and Zoning Commission:
  *1 commission member’s term is up and eligible for reappointment.
  *2 commission members’ terms were up and ineligible for reappointment.
  *1 commission member resigned one year early.
~9-10 applications were received and 6-7 applicants were interviewed.
~Term limits were instituted in order to bring in new people and new perspectives.
~The proposed extension for Commissioner McKee would end January 1, 2009; would be filled by one of the applicants for the remaining 18 months.
~An appointee must complete the Citizens Planning Institute (CPI).
 
Council Member Abbott stated that she wanted to examine all boards and commissions and the term limits thereof.

Vice Mayor Kunisch stated that a number of engineers applied for the commission. He noted that terms were never extended for members of other boards during large projects.

Council Member Gillaspie noted that the Planning and Zoning Commission voted to extend terms to the end of the year. He stated that he was not in favor of term limits as it took time for members to get their bearings.

Mayor Loomis noted that there were plenty of applicants to choose from and warned against extreme situations setting a precedent as it was unfair to the volunteers.

MOTION: A motion was made by Council Member Carter and seconded by Council Member Abbott to extend Doug McKee's term on the Planning and Zoning Commission from July 1, 2008 to January 1, 2009.

Council Member Latas suggested that a listserv be developed for CPI graduates for notification when a vacancy occurs.

Vice Mayor Kunisch stated that he would not support this item because it was unfair.

Mayor Loomis noted that the Council was scheduled to discuss this issue at the Council retreat in August. He noted that it was time to revisit the nine-year-old term limits study.

MOTION carried, 5-2 with Mayor Loomis and Vice Mayor Kunisch opposed.

Planning and Zoning Director Sarah More stated that a petition was circulating and garnering signatures to amend the State Constitution to allow conservation of State Trust Lands for Open Space. She noted that if enough signatures were collected by the deadline in July, it will be on the ballot in November.

Discussion noted the following:
~Should the initiative pass in November, Council would have time to change the General Plan.
~Questions were raised regarding the maintenance costs and responsibility for preserved land.

Mayor Loomis noted that:
~The Regional Transit Authority (RTA) had earmarked funds for wildlife corridors.
~The RTA identified Oracle Road as a wildlife corridor.
~The Coalition for Sonoran Desert Conservation was tracking the area.
~Arizona Game and Fish Department was studying the crossings.

Mayor Loomis opened the floor for public comment.

Oro Valley resident Kathy Pastryk spoke in favor of the initiative. She stated that it was sponsored by the Coalition for the Sonoran Desert Conservation in order to save the state land and water for the future. She noted that 231,000 signatures were needed to put the initiative on the ballot. She stated that she could be contacted for petitions which were due July 3, 2008.

Council Member Carter requested an agenda item for the July 2, 2008 Council meeting to review and start the process for a new well on Steam Pump Ranch in the northwest corner of the property. The item was seconded by Vice Mayor Kunisch.

Council Member Latas requested a future agenda item to discuss commencing regular council meetings at an earlier hour. The item was seconded by Council Member Garner. Mayor Loomis noted that the item could be discussed at the Council Retreat in August. Council Member Latas agreed and rescinded her request.

Council Member Abbott requested a discussion with possible action to request to remove the La Cholla extension from all studies and plans with various agencies such as the RTA. The item was seconded by Council Member Carter.

MOTION: A motion was made by Council Member Carter and seconded by Vice Mayor Kunisch to adjourn at 8:36 p.m.

MOTION carried, 7-0.