MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
September 17, 2008
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
CALL TO ORDER - 5:35 p.m.

ROLL CALL

PRESENT:
Paul Loomis, Mayor
Paula Abbott, Council Member
K.C. Carter, Council Member
Bill Garner, Council Member
Barry Gillaspie, Council Member
Salette Latas, Council Member

EXCUSED: Al Kunisch, Vice Mayor

EXECUTIVE SESSION AT OR AFTER 5:30 P.M.

MOTION: A motion was made by Council Member Carter and seconded by Council Member Abbott to go into Executive Session at 5:35 p.m. for the following purpose:  Pursuant to ARS 38-431.03A(1) Town Manager's Annual Performance Evaluation.

MOTION carried, 6-0.

Mayor Loomis announced that in addition to the Town Council, the Town Manager and the Town Attorney, Human Resources Director Sandra Abbey would also be present in Executive Session.

MOTION: A motion was made by Council Member Carter and seconded by Council Member Garner to go out of Executive Session at 7:15 p.m.

MOTION carried, 6-0.

CALL TO ORDER - 7:30 p.m.

ROLL CALL

PRESENT:
Paul Loomis, Mayor
Paula Abbott, Council Member
K.C. Carter, Council Member
Bill Garner, Council Member
Barry Gillaspie, Council Member
Salette Latas, Council Member

EXCUSED: Al Kunisch, Vice Mayor

PLEDGE OF ALLEGIANCE

Mayor Loomis led the audience in the Pledge of Allegiance.

UPCOMING MEETING ANNOUNCEMENTS

Town Manager David Andrews reviewed the upcoming meetings and events.

COUNCIL REPORTS - No reports.

DEPARTMENT REPORTS

Communications Administrator Mary Davis introduced the Town’s new Communications Specialist, Kelsey Hansen. 

Town Engineer Craig Civalier invited the public to attend the grand opening of the CDO Linear Park to be held on October 22nd at 8:30 a.m.

TOWN MANAGER’S REPORT - No report.

CALL TO AUDIENCE 

Barry Desimone, non-Oro Valley resident, referenced the Arroyo Grande project and stated that he felt that there were no good reasons to annex this property.  He stated that the negative reason would be that the Town may want to implement a property tax.  He questioned the long term consequences of doubling the size of the Town. 

Oro Valley resident Kathy Pastryk asked why the Town wanted to grow twice as large and why would the Council want to authorize the annexation of Arroyo Grande.  She also expressed concern regarding the Town’s future water supply if this area were annexed.

Oro Valley resident Nancy Martin, representing the Wilson School PTO, thanked the Town for the installation of the traffic signal at La Cholla Boulevard and Glover Road. 

PRESENTATIONS:

Presentation of Plaque of Appreciation to Pete Bistany for his service on the Planning & Zoning Commission from April 2003 to June 2008

Presentation by Amanda Jacobs, Economic Development Specialist, regarding the unveiling of the Town’s new Economic Development video entitled "Close to Everything, A World Apart".

Presentation by Bob Oro regarding the "Healthiest Town in America" program

Dr. Bob Oro updated the Council on the nationwide movement entitled "America on the Move" and the local movement entitled the "Healthiest Town in America".  He stated that the kickoff date would be January 17, 2009 and their vision is to ask citizens in Northwest Pima County to wear a pedometer, track daily activity and to not gain any weight for one year to help Oro Valley become the "Healthiest Town in America".

1.

CONSENT AGENDA


At the request of Council, Mayor Loomis pulled items A, C, D and E for discussion.

MOTION: A motion was made by Council Member Carter and seconded by Council Member Garner to approve Consent Agenda items B and F. 

MOTION carried, 6-0.

A.

Minutes - 7/16/08; 8/13/08; 08/27/08


MOTION: A motion was made by Council Member Abbott and seconded by Council Member Latas to approve the minutes of August 27, 2008 and continue consideration of the July 16 and August 13 minutes to the next regular Council meeting. 

MOTION carried, 6-0.

B.

Economic Development Division Monthly Report - July/August 2008


C.

Resolution No. (R)08 - 68 Approving an Intergovernmental Agreement between the Metropolitan Domestic Water Improvement District, the Flowing Wells Irrigation District, the Town of Marana and the Town of Oro Valley (the "NW Water Providers") for the NW Water Providers Central Arizona Project Water System route study and future studies (PULLED FOR DISCUSSION)


Discussion followed regarding future studies (studies do not include design, construction or operations.  Studies would look at routing, water quality studies, sizing of pipeline and preliminary cost analysis), $350,000 is set aside in this year’s budget (plus cost sharing with other entities) and keeping the Council apprised of future study costs.

MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to adopt Resolution (R)08-68 approving an Intergovernmental Agreement between the Metropolitan Domestic Water Improvement District, the Flowing Wells Irrigation District, the Town of Marana and the Town of Oro Valley (the "NW Water Providers) for the Northwest Water Providers Central Arizona Project Water System Route Study and future studies not to exceed $350,000 as specified in the 2008/2009 budget.

MOTION carried, 6-0.

D.

Resolution No. (R)08 - 69 Authorizing the execution of a Grant Application by the Oro Valley Police Department to the Governor’s Office of Highway Safety to purchase DUI Enforcement Equipment and for funding personnel services and related expenses (PULLED FOR DISCUSSION)


In response to a question from Council Member Abbott regarding the budget outline for the grant, Assistant Police Chief Larry Stevens explained that the Police Department would utilize overtime for personnel services and would not be hiring any new personnel.

MOTION: A motion was made by Council Member Abbott and seconded by Council Member Latas to adopt Resolution (R)08-69.

MOTION carried, 6-0.

E.

Resolution No. (R)08 - 70 Providing Notice of Intent to establish and increase water rates fees and charges for the Oro Valley Water Utility - public hearing to be held at 7:00 p.m., November 5, 2008 (PULLED FOR DISCUSSION)


Town Clerk Kathryn Cuvelier clarified that the public hearing would be held at 6:00 p.m. on November 5, 2008 due to the Council meeting time change.

Mayor Loomis opened the floor for public comment.

Oro Valley resident Geri Ottobani expressed concerns regarding the increase in cost of water.  She stated that water is a luxury and asked who in Oro Valley wanted to double its population and what would happen to our future water supply.

MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Carter to adopt Resolution (R)08-70 providing Notice of Intent to establish and increase water rates, fees and charges for the Oro Valley Water Utility and establishing a public hearing date for November 5, 2008.

MOTION carried, 6-0.

F.

Appointment of James Loughney to the Planning & Zoning Commission filling the unexpired term of Ray Paolino effective September 17, 2008 to June 30, 2009


2.

PUBLIC HEARING - CONSIDERATION AND POSSIBLE RECOMMENDATION TO STATE LIQUOR BOARD FOR APPROVAL OF AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR SPOTLIGHTS GRILL LOCATED AT 1335 W. LAMBERT LANE, #101


Oro Valley resident Cheryl Salamon and owner of Spotlights Grill stated that she was present for questions.

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

MOTION: A motion was made by Council Member Abbott and seconded by Council Member Latas to recommend approval of the issuance of the Series 12 Liquor License to the Arizona State Liquor Board for Ms. Cheryl Salamon and principal at Spotlights Grill located at 1335 W. Lambert Lane, #101.

MOTION carried, 6-0.

3.

PUBLIC HEARING - ORDINANCE NO. (O)08 - 19 AMENDING CHAPTER 6, SECTION 6-5-1 ENTITLED "SWIMMING POOL CODE" OTHERWISE KNOWN AS THE "2008 TOWN OF ORO VALLEY POOL AND SPA CODE"


Jack Holden, Assistant Building Official, stated that the adoption of Ordinance (O)08-19 would update the Pool and Spa Code.  He explained that the changes were primarily due to life and health safety issues, conformity with current editions of companion building codes adopted by the Town, construction technology, local community issues and errors in the current printed code.  He further explained that there were two additional corrections that staff recommends for Council approval: 1) Change Section 401.3 to read, "Safety cover.  A pool/spa safety cover may be used for a barrier or enclosure at residential applications only if all the following conditions are met......" and 2) Change Section 401.4 to read "Securable space cover.  A securable space cover may be used for a spa barrier or enclosure at residential applications only if all the following conditions are met.....".

Council Member Gillaspie requested that in the future, a full Code and copies of any comments received from pool companies be included and that the Code include strikeouts and new wording in bold lettering for Council’s review.

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

MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to adopt Ordinance (O)08-19 adopting the 2008 Town of Oro Valley Pool and Spa Code with the following amendments: Change Section 401.3 to read, "Safety cover.  A pool/spa safety cover may be used for a barrier or enclosure at residential applications only if all the following conditions are met......" and 2) Change Section 401.4 to read "Securable space cover.  A securable space cover may be used for a spa barrier or enclosure at residential applications only if all the following conditions are met.....".

MOTION carried, 6-0.

4.

FUTURE AGENDA ITEMS


Council Member Garner - Requested a Study Session to look at the 1% for public art, the use of that funding and how it could be utilized in existing town right-of-ways.  Council Member Latas seconded the request.

CALL TO AUDIENCE - No speakers.

ADJOURNMENT

MOTION: A motion was made by Council Member Carter and seconded by Council Member Garner to adjourn at 8:25 p.m.

MOTION carried, 6-0.