PRESENT:

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

MOTION: A motion was made by Vice Mayor Kunisch and seconded by Council Member Carter to go out of Executive Session at 6:25 p.m.

MOTION carried, 7-0.

PRESENT:

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

Town Manager David Andrews reviewed the upcoming Town meetings. He noted that the Council’s regular sessions will begin at 6:00 p.m. as opposed to 7:00 p.m. starting with the October 15, 2008 meeting, which if cancelled this evening, would start November 5, 2008. He also noted that the Farmers’ Market would begin their fall hours starting at 9:00 a.m. on October 25, 2008.

Council Member Latas reported that the Ladies Auxiliary and the Veterans of Foreign Wars (VFW) collected items donated to Town Hall and the Oro Valley Library for the Landstuhl military hospital in Germany.

Oro Valley resident Nancy Martin stated her support for the bond for the Naranja Town Site Bond issue. She noted that the Town was in need of more parks. She stated that, in order for children to participate in sports, many had to play late in the evening on school nights due to the lack of parks in Oro Valley.

President of Oro Valley Softball John Hinsberg noted that there were not many areas to play sports in Oro Valley. He stated that parents turn to organized sports for their children to get exercise. He stated that he was not an Oro Valley
resident.

Oro Valley resident Matt Noble stated that there was limited space for little league. He noted that there was a constant fight for space and oftentimes lighting was lacking or there were no bathrooms. He stated that he was in favor of the Naranja Town Park Bond.

Non-resident Marty Flack stated that he concurred with Mr. Noble's comments. 

Oro Valley resident Art Segal stated his concern regarding the omission of his web address in the Voter Informational Pamphlet containing arguments for and against the Naranja Town Park Bond. He noted that his arguments were against the bond.

Oro Valley resident Chet Oldakowski stated his objection to the Naranja Town Park Bond due to the instability of the current economy.

Oro Valley resident Melanie Larson stated her support of the Naranja Town Park Bond. She noted that the longer it takes to get the project started, the more it will cost in the long run.

Oro Valley resident Geri Ottoboni requested that Council delay passing the General Plan Amendment until the public can review it. She stated that she would like to see the Environmentally Sensitive Land Ordinance enacted first.

Oro Valley resident Patty Estes expressed concern regarding the possible Arroyo Grande Annexation. She noted that the decisions made today will impact the future. She stated that she feared fragmentation of the wildlife corridor and the Town.

Oro Valley resident Joe Hornat suggested that the Oro Valley Water Utility should be reviewed in order to improve the future direction of the utility.

Project Graduation co-chair Kathy Finif expressed gratitude for funds received from the Town. She stated that the event was about adults keeping graduates safe and sober.

2007 Canyon del Oro High School graduate Sonja Weedlow stated that Project Graduation was one of her fondest memories of high school and thanked Council for their support.

Barbara Gephardt, representing Ironwood Ridge High School, stated that this gave Oro Valley high school seniors a safe place to celebrate graduation.

Ironwood Ridge High School senior Ally Miller thanked Council for their contribution to keep graduates safe. She stated that their generosity helped graduates to celebrate their greatest accomplishment and that the funds went toward a lifelong memory for Oro Valley graduates.

Council Members pulled items A, F, G, H, L and M for discussion.

MOTION: A motion was made by Council Member Carter and seconded by Vice Mayor Kunisch to approve Consent Agenda Items B, C, D, E, I, J, K and N.

MOTION carried, 7-0.

A.	Minutes - 7/16/08; 8/13/08; 9/3/08; 9/10/08

MOTION: A motion was made by Council Member Latas and seconded by Council Member Garner to approve the minutes from the July 16, 2008 Town Council meeting as corrected.

MOTION carried, 7-0.

B.	Building Safety Activity Report - August 2008

C.	Coyote Run Transit Report - August 2008

D.	Finance and Bond Committee Report to Council for Year Ending 6/30/08

E.	Police Report - August 2008

F.	Resolution No. (R)08 - 71 Declaring that certain document entitled "The Town of Oro Valley Animal Control Code", Chapter 18, attached hereto as Exhibit "A" and filed with the Town Clerk, a public record

MOTION: A motion was made by Council Member Latas and seconded by Council Member Abbott to approve Resolution No. (R) 08-71 with the instruction that the Town Attorney's office look into business licensing and sales taxes for any sale of domestic animals in Oro Valley and making that certain document entitled Town of Oro Valley Animal Control Code, Chapter 18, a public record.

MOTION carried, 7-0.

G.	Consideration of revised Town Manager Employment Agreement

Council Members stated their positions regarding this item:
~Vice Mayor Kunisch noted the reasons for his opposition:
  *Granting a 14% increase during the current economic downturn after denying Town
    employees an additional 1% increase was not right 
  *The Town Manager has an Assistant Town Manager to help with his duties.
~Council Member Abbott stated that Mr. Andrews had been employed by the Town for 17
  years and believed the raise was well deserved.
~Mayor Loomis stated that he could not support the agreement due to the increase in 
  deferred compensation and the increase to 500 hours of leave time.
~Council Member Carter stated his support for the item.

MOTION: A motion was made by Council Member Carter and seconded by Council Member Abbott to approve Item G.

~Council Member Gillaspie stated that it was an executive compensation package and that it was not considered to be at the top of the range.

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

H.	Approval of Town Manager Performance Goals for 2008/09

MOTION: A motion was made by and seconded by to

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

I.	Ordinance No. (O)08 - 20 Amending Ordinance No. (O)08-15 adopting Chapter 15, Article 24, Section 14, Stormwater Management and Discharge Control by adding the penalty sections to the adopting ordinance for posting and publication as required under ARS § 9-803

J.	*Economic Development Division Monthly Report - September 2008

K.	*Resolution No. (R)08-72 Approving an Intergovernmental Agreement for participation in a statewide Terrorism Liaison Officer Program

L.

*Appointment of three Council members to the 2008-2009 Employee Forum Sub-Committee, and direction to Town staff to schedule Annual Employee Forum in such a manner, date and times as to ensure appropriate scheduling, tracking and communications in accordance with Policy 27 and in support of the Sub-Committee

MOTION: A motion was made by Vice Mayor Kunisch and seconded by Council Member Gillaspie to appoint Mayor Loomis and Council Members Latas and Garner to the 2008-2009 Employee Forum Sub-Committee, and direction to Town staff to schedule Annual Employee Forum in such a manner, date and times as to ensure appropriate scheduling, tracking and communications in accordance with Policy 27 and in support of the Sub-Committee

MOTION carried, 7-0.

M.	*OV12-05-36A, Copperstone Development LLC., represented by Physical Resource Engineering, requests approval of a development plan two year time extension from December 6, 2008 to December 6, 2010. Property located approximately one quarter mile north of Hardy Road on the west side of Oracle Road

MOTION: A motion was made by Council Member Abbott and seconded by Council Member Latas to approve with conditions OV12-05-36A, Copperstone Development LLC., represented by Physical Resource Engineering, requests approval of a development plan extension for a period of two years to expire on December 6, 2010.

Mayor Loomis clarified that any conditions that apply to the development plan will apply to this extension.

MOTION carried, 7-0.

N.	*Cancellation of October 15, 2008 Town Council Meeting

Mayor Loomis opened the public hearing. Mr. Ma was in the audience to answer questions, however he offered no comments. Mayor Loomis closed the public hearing.

MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Garner to recommend approval of the issuance of the Series 12 Liquor Licenses to the Arizona State Liquor Board for Mr. Kevin Fink and principals at Harvest located at 10355 N. La Canada Drive, #141 and for Mr. Tron Hien Ma and principals for Chopstix Fine Asian Dining #3 located at 8195 N. Oracle Road, #105

MOTION carried, 7-0.

Mayor Loomis opened the public hearing at 8:16 p.m.

Oro Valley resident Joe Hornat expressed that he was opposed to the change. He stated that many small interest groups work to make changes that benefit an uninformed minority rather than serving the community as a whole.

Oro Valley resident Chet Oldakowski stated that he was in favor of limiting the number of signatures required and should be limited to a percentage of participating voters, not registered voters. 

Mayor Loomis closed the public hearing at 8:20 p.m.

MOTION: A motion was made by Council Member Abbott and seconded by Council Member Latas to adopt as amended Ordinance No. (O)08-21, amending Section 2-3-6, Initiative and Referendum, of the Oro Valley Town Code.

MOTION failed, 2-5 with Mayor Loomis, Vice Mayor Kunisch, Council Member Garner, Council Member Gillaspie, and Council Member Latas opposed.

Transit Services Administrator Aimee Ramsey presented the update on transportation. She noted the Regional Transit Authority (RTA) Identified Transit Elements:
~Project 51; Regional Park-n-Rides
  *Oro Valley Park-and-Ride
    -Intergovernmental Agreement with RTA has been executed
    -Land purchase has been completed
    -Design is 50% complete
    -Design Review Board scheduled for October 14, 2008
    -Mayor and Council to review on November 5, 2008
    -Tentative completion date - February, 2009
      ~To coincide with the launch of the Sun Tran Express Routes and the Neighborhood
        Circulators

~Project 48; Neighborhood Circulator Bus Systems
  *General public service
  *Connects residents to major activity centers - in-Town circulation
  *Connects with other regional services
  *An element of a balanced transit system
  *Provides connection to the Regional transit system before 2012
  *RTA administered contract
    -Regional coordination of fares
    -Regional coordination of services
    -Town staff participates in design, review and selection
  *Timeline
    -Request for proposal October 2008
    -Award by end of calendar year 2008
    -Implementation mid February 2009

~Regional Branding and Farebox Technology
  *Regional Seamless Transit Project
    -Allow seamless travel with one card
    -Technology will also allow for  ridership stratification reports producing data for transit
     planning purposes

It was noted that:
~The request for proposal should be posted this month and awarded by the end
   of this year.
~This project would not affect Coyote Run as the project is funded by the RTA.
  *Any plans to change Coyote Run would require Council approval.
~Handicar services are available to ADA eligible individuals only; not senior
  citizens.
~There will be 103 parking spaces at the Park-and-Ride.
~The circulators, express routes and Park-and-Ride will be ready to begin service
  on February 15, 2009.
~Fry’s Food and Drugstore located at Lambert Lane and La Canada Drive is a
  projected stop for the Raytheon express commuter.
~Staff will be researching the use of church parking lots for Park-and-Ride
  commuters.

Town Manager David Andrews noted that the economy has deteriorated since the beginning of the year.

Finance Director Stacey Lemos noted that the Water Utility Commission and the Stormwater Utility Commission were omitted as they are self supporting.

Ms. Lemos stated that 40 permits were budgeted for the first quarter, whereas 26 were issued. She noted that state sales tax collections were lower however, sales taxes are typically lower in the first quarter. She stated that interest rates on investments were 59% under budget and projections were flat for retail sales during the holiday season.

Ms. Lemos noted the following:
~The Town has healthy reserves in the General Fund
~Currently unable to project revenues for the Oro Valley Marketplace
  *6 stores are schedule to open in October 
~The Highway Fund is $43,000 below budget.
  *The year end deficit was projected to be $700,000.
~The Transit Fund is $205,000 below budget.
  *The year end deficit is projected to be $100,000.

Ms. Lemos suggested submitting a monthly budget report to Council.

Ms. Lemos informed Council that the shortfall of the State budget will further impact Town revenues. She stated that the Department of Public Safety will be increasing Crime Lab fees.

She noted that the coming holiday season coupled with the opening of the Oro Valley Marketplace this month could result in needed revenue.

Mayor Loomis directed Staff to include a report, in the format presented, on a monthly basis as part of the Consent Agenda.

Council Member Carter requested that Council consider enacting a hiring freeze.

Council Member Garner requested an agenda item regarding personnel issues to include a hiring freeze. The request was seconded by Council Member Carter.

Council Member Abbott requested a Study Session regarding Leadership in Energy and Environmental Design to include research regarding Pima County's and the City of Tucson's policies for this issue. The request was seconded by Council Member Latas.

Oro Valley resident Art Segal stated that the roofs at the Oro Valley Marketplace were ugly. He noted that Council Member Abbott had requested a study session to address the item and questioned when the study session would be held. He requested that Council address his concerns regarding his submittal to the Naranja Town Site Bond Publicity Pamphlet.

Council Member Abbott requested an update be presented to Council regarding shielding the Oro Valley Marketplace rooftops from view. She further requested that Ms. Lemos meet with Mr. Segal to address rebates.

MOTION: A motion was made by Council Member Carter and seconded by Vice Mayor Kunisch to adjourn the meeting at 9:31 p.m.

MOTION carried, 7-0.