MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
February 17, 2010
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
REGULAR SESSION AT OR AFTER 6:00 PM

CALL TO ORDER - 6:02 p.m.

ROLL CALL

PRESENT:
Paul Loomis, Mayor
Bill Garner, Vice Mayor
K.C. Carter, Councilmember
Barry Gillaspie, Councilmember
Al Kunisch, Councilmember
Salette Latas, Councilmember
Pat Spoerl, Councilmember

PLEDGE OF ALLEGIANCE

Mayor Loomis led the audience in the Pledge of Allegiance.

UPCOMING MEETING ANNOUNCEMENTS

Communications Administrator Mary Davis reviewed the upcoming meetings and events.

COUNCIL REPORTS

Councilmember Kunisch read a letter resigning from Town Council effective at the end of the meeting due to his wife’s health issues.  He thanked the Town staff for their help and wished the members of the Council the best during these difficult times.

Councilmember Spoerl reported that she and Communications Administrator Mary Davis attended the Governor’s Centennial Summit in Phoenix.  She stated that this was a gathering for elected officials and staff to hear about signature projects and events for the upcoming Arizona Statehood Celebration to be held in 2012.

DEPARTMENT REPORTS

Communications Administrator Mary Davis invited the community to join the Town on Facebook and Twitter.

Town Clerk Kathryn Cuvelier announced that the Town’s Primary Election is March 9, 2010.  She stated that the ballots have been mailed out and they must be returned by mail or to Town Hall before 7 p.m. on March 9th.

CALL TO AUDIENCE - No speakers.

PRESENTATIONS

a.

PAUSE FOR PAWS


Lane Davidson from the Foundation for Animals in Risk (FAIR), introduced General, a Shepard mix puppy.  She stated that he would be available for adoption at the Animal Fair at Reid Park.  She also said that there were many cats and dogs available for adoption and that FAIR was in need of foster homes, food and donations.

b.

PRESENTATION REGARDING THE ORO VALLEY POLICE DEPARTMENT’S 2010 EXPLORER POST TACTICAL COMPETITION


Click here for Presentation b

Chief of Police Daniel Sharp introduced the Explorers that competed in the Chandler Explorer Post Tactical Competition in January.  He reported that the Explorers received awards as follows:
1st Place Team - 10 Man Vehicle Assault
3rd Place Team - 10 Man Narcotics Take Down
3rd Place Team - 5 Man Hostage Rescue Team
4th Place Team - Rapid Response

Officers Kevin Mattocks and Brian Kleinberg attended the competition with the following Explorers:
Explorer Captain Arick Martino
Explorer Lieutenant Phillip Noon
Explorer Sergeant Danny Sharp
Explorer Sergeant Derek Smith
Explorer Sergeant Michael France
Explorer Corporal Aiden Shef
Explorer Corporal Alejandro Gutierrez
Explorer Corporal Axel Angel
Explorer Jacob Quaintance
Explorer Ryan Jenkins

c.

PRESENTATION BY THE DRUG ENFORCEMENT ADMINISTRATION (DEA) IN RECOGNITION OF THE ORO VALLEY POLICE DEPARTMENT’S IMPLEMENTATION OF A PRESCRIPTION DISPOSAL/TAKE BACK PROGRAM


Click here for Presentation c

Assistant Special Agent in Charge Tony Coulson presented Chief of Police Daniel Sharp with a Certificate of Appreciation for "Outstanding Contributions in the Field of Drug Law Enforcement" and congratulated Chief Sharp and the Oro Valley Police Department for the implementation of the Prescription Drug Take Back program.

Jeff Privet, Pima County Waste Management, spoke about the protection of groundwater from residual drug effects and thanked the Police Department for taking unaccounted drugs off the streets and keeping them out of the sewer system. 

d.

PRESENTATION REGARDING PIMA COUNTY INTEGRATED NETWORK (PCWIN) INTER-OPERATIONAL COMMUNICATIONS


Captain Paul Wilson reviewed the background of the Pima County Wireless Integrated Network (PCWIN) project and highlighted the mission, implementation, development activities, project funding, operating and maintenance cost analysis and jurisdictional benefits and impacts.  He reported that they plan to transition users to the PCWIN system in 2013.

1.

CONSENT AGENDA


At the request of Councilmember Latas, Item A was pulled for discussion.  At the request of Vice Mayor Garner, Item E was pulled for discussion.

MOTION: A motion was made by Councilmember Carter and seconded by Councilmember Kunisch to approve the Consent Agenda with the exception of Items A and E.

MOTION carried, 7-0.

A.

Minutes - January 13, 20, 2010 (PULLED FOR DISCUSSION)


Click here for January 13, 2010 Minutes

Click here for January 20, 2010 Minutes

MOTION: A motion was made by Councilmember Latas and seconded by Vice Mayor Garner to approve the minutes as corrected.

MOTION carried, 7-0.

B.

Police Report - December 2009


Click here for Item B

C.

Economic Development Division Quarterly Report - October 1, 2009 - December 31, 2009


Click here for Item C

D.

Procurement Division Quarterly Report - October 1, 2009 - December 31, 2009


Click here for Item D

E.

Resolution No. (R)10 - 08 Authorizing the execution of a grant application by the Oro Valley Police Department to the Governor’s Office of Highway Safety (G.O.H.S.) for grant funding relating to equipment and over-time funding (PULLED FOR DISCUSSION)


Click here for Item E

MOTION: A motion was made by Councilmember Carter and seconded by Councilmember Kunisch to adopt Resolution (R)10-08.

MOTION carried, 7-0.

F.

OV12-02-11D Approval of a request for a two year development plan extension to April 16, 2012 for Palisades at Oro Valley, property located on the northeast corner of Oracle Road and Hardy Road


Click here for Item F

G.

OV12-05-06 Approval of request for a resubdivision of Monte del Oro, Lot 187, located by the intersection of Lambert Lane and Pecan Place


Click here for Item G

H.

OV12-09-11 Approval of a Preliminary and Final Plat for Rooney Ranch Area B, a 17.83 acre commercial subdivision located at the northwest corner of Oracle Road and First Avenue


Click here for Item H

I.

OV12-03-16E Approval of a two year development plan extension to May 21, 2012 for Phase 3 of the Steam Pump Village Development, located in proximity to the northwest corner of Oracle Road and Hanley Boulevard


Click here for Item I

J.

Ratification of former Councilmember Abbott’s appointee of Town resident Philip Kline to the Environmentally Sensitive Lands Public Advisory Committee


Click here for Item J

2.

PUBLIC HEARING - DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 7 (BEER AND WINE BAR) LIQUOR LICENSE FOR COST PLUS WORLD MARKET LOCATED AT 11975 N. ORACLE ROAD IN THE ORO VALLEY MARKETPLACE


Click here for Item 2

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

MOTION: A motion was made by Councilmember Gillaspie and seconded by Councilmember Kunisch to recommend approval of the request by Ms. Andrea Lewkowitz and principals for a Person and Location Transfer to the Arizona State Liquor Board for a Series 07 Liquor License at Cost Plus World Market located at 11975 N. Oracle Road.

MOTION carried, 7-0.

3.

PUBLIC HEARING - DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR CHOPSTIX FINE ASIAN DINING LOCATED AT 8195 N ORACLE ROAD


Click here for Item 3

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

MOTION: A motion was made by Councilmember Kunisch and seconded by Councilmember Carter to recommend approval of the issuance of a Series 12 Liquor License to the Arizona State Liquor Board for Mr. Hien Ma for Chopstix Fine Asian Dining located at 8195 N. Oracle Road, Suite 105.

MOTION carried, 7-0.

4.

PUBLIC HEARING - DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR AMARSI RISTORANTE LOCATED AT 12152 N. RANCHO VISTOSO BOULEVARD # 170


Click here for Item 4

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

MOTION: A motion was made by Vice Mayor Garner and seconded by Councilmember Spoerl to recommend the issuance of the Series 12 Liquor License to the Arizona State Liquor Board for Mr. Karim Mandan at Amarsi Ristorante located at 12125 N. Rancho Vistoso Boulevard, Suite 170.

MOTION carried, 7-0.

5.

PUBLIC HEARING - ORDINANCE NO. (O)10 - 01 AMENDING ORO VALLEY TOWN CODE SECTION 11-3-4, "SPEED LIMITS", FOR LA CANADA DRIVE FROM LAMBERT LANE TO MOORE ROAD AND THE CAMPO BELLO TRAFFIC CIRCLE WHICH FORMS THE INTERSECTION FOR NORTH CAMINO DE ANZA AND NORTH CAMINO CORONADO AND WOODBURNE AVENUE


Click here for Item 5

Town Engineer Craig Civalier recommended speed limit adjustments as follows:
La Canada Drive from Lambert Lane to Moore Road - 45 mph
Woodburne Avenue - 35 mph
Campo Bello Traffic Circle - 15 mph

Mayor Loomis opened the public hearing.

Clay Harper, Oro Valley resident, stated that he was pleased to see the 15 m.p.h. recommendation for the Campo Bello Traffic Circle as there are many children and equestrians in the area.

Kevin Kelly, Oro Valley resident, thanked the Town for consideration of lowering the speed in the Camp Bello traffic circle to 15 m.p.h. 

Mayor Loomis closed the public hearing.

MOTION: A motion was made by Vice Mayor Garner and seconded by Councilmember Kunisch to adopt Ordinance (O)10-01 amending Oro Valley Town Code Section 11-3-4, "Speed Limits" for La Canada Drive from Lambert Lane to Moore Road, Woodburn Avenue, and the Campo Bello traffic circle which forms the intersection for N. Camino de Anza and N. Camino Coronado with the correction to the wording in Section I of the Ordinance to read "Woodburne Avenue from Moore Road to Rancho Vistoso Boulevard: 35 miles per hour".

MOTION carried, 7-0.

6.

DISCUSSION AND POSSIBLE ACTION REGARDING TOWN PERSONNEL POLICY 29 DEALING WITH POLITICAL ACTIVITIES OF TOWN EMPLOYEES (Continued from January 20, 2010)


Click here for Item 6

Town Attorney Tobin Rosen reviewed the Council Communication regarding Town Personnel Policy 29.  Discussion followed regarding "allowed" political activities by Town employees.

John Musolf, Oro Valley resident, commented that the Council should adopt the language as provided by the Town Attorney as he felt that it was reasonable.  ("No employee may circulate nomination or recall petitions, serve as an officer or agent of a candidate's campaign committee, or serve as a member of a political committee to support or oppose the election of any candidate in an Oro Valley municipal election.") 

MOTION: A motion was made by Councilmember Kunisch and seconded by Councilmember Carter to amend Town Personnel Policy 29, Section 1(A)(2) to read as follows (wording from ARS section 41-772):  Employees may not be members of political committees, officers of partisan political committees or nominees for paid elective office.  Employees may not take part in the management or affairs of political parties, campaigns or recall efforts.  Employees may express opinions, attend meetings, vote, sign or circulate nomination or recall petitions, make or solicit campaign contributions (friendly amendment requested by Councilmember Gillaspie), and advocate for election or defeat of candidates. 

Discussion followed regarding differences in State, Federal and local laws; ARS 41-772 has been challenged and would be upheld by the Arizona Court of Appeals; keeping political activities out of the work place; employees soliciting campaign contributions; and protecting employees from political pressures.

MOTION: A motion was made by Councilmember Kunisch to Call for the Question.

MOTION failed, 3-4 with Vice Mayor Garner, Councilmember Gillaspie, Councilmember Latas, and Councilmember Spoerl opposed.

MOTION: A motion was made by Councilmember Latas and seconded by Vice Mayor Garner to amend the original motion to read: To amend Town Personnel Policy 29, Section 1(A)(2) to read as follows: Employees may not be members of political committees, officers of partisan political committees or nominees for paid elective office.  Employees may not take part in the management or affairs of political parties, campaigns or recall efforts.  Employees may express opinions, attend meetings, vote, sign nomination or recall petitions and advocate for election or defeat of candidates.

MOTION carried, 6-1 with Councilmember Kunisch opposed.

MOTION AS AMENDED CARRIED, 7-0.

7.

DISCUSSION AND POSSIBLE ACTION RELATING TO FORMATION OF AN INDUSTRIAL DEVELOPMENT AUTHORITY FOR THE TOWN OF ORO VALLEY


Click here for Item 7

Discussion followed regarding the reformation of the Industrial Development Authority (IDA), working with Bond Counsel, bonds secured by the project not by the local government, and BASIS Charter School requested bonding through the City of Florence's IDA since Oro Valley does not currently have an IDA. 

MOTION: A motion was made by Councilmember Gillaspie and seconded by Councilmember Latas to direct staff to come back to a Study Session with more information about the establishment of an Industrial Development Authority (IDA) including the duties and responsibilities, recommended number of members, opportunities, advantages, funding mechanisms and liabilities.

MOTION carried, 7-0.

8.

FUTURE AGENDA ITEMS - No items presented.


CALL TO AUDIENCE -  No speakers.

ADJOURNMENT

MOTION: A motion was made by Councilmember Carter and seconded by Councilmember Kunisch to adjourn at 7:50 p.m.

MOTION carried, 7-0.