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HomeMy WebLinkAbout07/15/1997 Regular Council Meeting MinutesMARANA TOWN COUNCIL JULY 15, 1997 P_LACE AND DATE Marana Town Hall, July 15, 1997 By Mayor Ora Ham, at 7:03 P.M. II. PLEDGE OF ALLEGIANCE Led by Mayor Ora Harn IH. INVOCATION A moment of silence was observed IV. ROLL CALL COUNCIL Ora Ham Bobby Sutton, Jr. Ed Honea Herb Kai Sherry Millner Roxanne Ziegler Michael Reuwsaat Mayor Vice Mayor Councilman Councilman Councilwoman Councilwoman Councilman STAFF Hurvie Davis Michael Hein Sandra Groseclose Dan Hochuli Jocelyn Entz Roy Cuaron Jane Johnson Town Manager Assistant Town Manager Town Clerk Town Attorney Assistant to Town Manager Finance Director Human Resource Director V. APPROVAL OFAGENDA A motion was made by Herb Kai, seconded by Vice Mayor Sutton and earned unanimously to approve the agenda as presented. VI* ACCEPTANCE OF MINUTES Minutes of Regular Council Meeting, July 1, 1997 The minutes were not ready in time for Council packets, continued to next Agenda. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS MINUTES OF REGULAR COUNCIL MEITINGE MARANA TOWN COUNCIL JULY 15, 1997 VIII. IX. David Morales, P3420 W. Price Ln.: I have two bits of information for you. 1) You have a major street in Marana that is not spelled correctly. For example, Herb Kal are two words, Lon Adams are two words. Sandario is not one word it is two words - San Dario. This was a street that was dead end - but this is one of Marana's thoroughfares I think it should have the correct spelling on it. 2) The closest I could get to this name is Data Plate - whenever an elected body purchase any building or land they have to put a plate on that building. For example, when you go to the Post Office there's a data plate - George Bush dedicated Post Office. You go to the Library, there's a data plate. Why isn't there a data plate on this building, at the park or anything that the Town Purchased? I don't know if you're violating the law, but if you look at every Governmental building - they have these data plates on them. Dan Copeland, 1690 N. Stone Ave.//106: I stood before Council on February 4, 1997 - there was a committee developed. I stand here and ask if there is any way possible that I could be put back on the agenda to find out what the recommendation of that committee is. Greg Wexler, 1261 W. Paint Brush: Passed out some preliminary presentation that we'd like to request to be heard at earliest convenience re: possibility of the Town Fathers picking a new location for increasing their parcel size of the new Town Hall. Our partnership, which some of the partners are from Continental Ranch and various other large developments are interested in talking to the community and Council in enlarging the Town Hall and developing a new Town Center that everyone will be proud of. On the front page is a letter of our request, then a small portion of a concept that we're in the process of still refining. Then it goes into our overall plan which is about 750 acres which is adjacent to the Town Center. I'm requesting that sometime in the near future that I get the opportunity to bring my consultants in and make a proposal to the Council. STAFF REPORTS GENERAL ORDER OF BUSINESS Consent 1. R i n N - - Request for Liquor License by Foti Fuels 2. Resolution No. 97-71 - Intergovernmental Agreement (IGA) Between the Town of Marana and Pima County for Payment for the Incarceration of Municipal Prisoners at the Pima County Adult Detention Center for the 1997-98 Fiscal Year 3. R I t' N . - - Intergovernmental Agreement (IGA) Between the Arizona Department of Public Safety and the Marana Police Department for the Award of Criminal Justice Enhancement Funds 4. lu i n - - Request by OPW & Associates, Representing Quail Crossing to Change the Existing Name of Owl Head Canyon Road to Tortolita Road 5. Resolution No. 97-74 - Request by OPW & Associates, Representing Heritage Highlands to Change the Existing Name of Tortolita Parkway to Dove Mountain Boulevard MARANA TOWN COUNCIL JULY I$, 1997 A motion was made by Michael Reuwsaat, seconded by Ed Honea and carried unanimously to approve the Consent Agenda. Discussion/Action - Announcement of Closure of Bank-One Branch Office on Marana Road Arnie Aros, 4500 Calle Del Conde (Southern Arizona District Manager for Bank One): With me this evening, also from Bank One, Mr. Michael Hard the Executive Officer for Southern Arizona and Mrs. Annavelia Santos who is a Community Development Officer for Bank One. On July 8 at 5:00 P.M. my staff at the Marana Banking Center was notified that they will be moving, effective October 30, 1997 to the Continental Ranch Express in the Fry's store located at Cortaro and Silverbell. We mentioned to staff that all the accounts at that branch would automatically get transferred to the Ina/Thomydale Branch. There's a full service facility w~th safe deposit boxes and everything, Wednesday morning at 9:00 A.M. ! came in and met with Mayor Ham, Town Manager Davis and I'm glad to have the time this evening - we talked about the same issues on what we were trying to do. The Continental Ranch Express is going to bring something to Marana that they did not have at this point. ! have not been able to extend my hours at the present location because ! haven't had the volume. It hasn't been there. I know we cash checks there, but, as all of you know banking is not about cashing checks - it's about loans, investments, deposits and things have not been coming as they should because of where the development is heading. There at the Continental Ranch we'll be open from 9:00 A.M. to 8:00 P.M. Monday through Friday. We'll have Saturday banking for you from 9:00 A.M. to 6:00 P.M. which you haven't had in Marana also. We feel it's important to go in with Fry's because Fry's is making a huge investment. We're adding some extended sales zones - is what we call it. The terminology means that we do more privacy things. It'll also have an ATM. The ATM Cash machine only that we have at the Circle K, adjacent to our banking center will also remain open. We've been in this market 18 - 20 years, it's very expensive for us to move, that isn't happening. The express will open up, the end of August - so we'll have two months time period there where we'll be tanning both to try to migrate people over there, to understand what the express is all about and take advantage of thc extended hours that we have. There was a lengthy discussion between Council Members. The main concern of Council was there being no bank close for the citizens of the north area of Marana, due to there being no public transportation available. Council Members were very disappointed in Bank Ones decision to move. It was the consensus of Council, if Bank One does leave, a search for a new bank will take place. There were several members of the public who spoke on this issue: Janet Glover, W. Twin Peaks Road: We've had an account with Valley Bank for 37 years. We have a platnum card with them. But if they move their bank I'm gone. I don't intend to drive 25 miles over there. I leave my office, I go to the bank, I go to the Post Office and I go home. I get up at 3:30 in the morning to go to work and I don't MINUTES OF REGULAR COUNCIL METTINGE MARANA TOWN COUNCIL JULY 15, 1997 want to drive 25 miles to go to Town to do my banking and if I have to drive that far - I'll find another bank to go to. David Morales, 13420 W. Price Lane: Just some quick notes that I was jotting down - the Town has approved that I'm aware of 17 specific plans and these plans will get developed. The majority of these plans are here in Marana. If Bank One would be patient - they'll get their share of business. I would like to add that when the Council says "old and new" I like the term innercure, because this is the inner-core of the Town because the Town is here and the School District Office is here. It seems like a shame that the school and the Town is here, yet the bank doesn't believe in the Town. Another thing, if Bank One does move or doesn't move - I'd like to make Council aware that that building has historical value. I hope that all that I have said, Bank One will take into consideration and be like the farmers. The farmers, they plant the crop, they water it, they nurse it and then they harvest it. Bank One, you have planted the seed, you have watched it grow - you have irrigated it, just wait until it's ready for the picking and harvest it. Let me tell you, Marana will have a lot to harvest. Greg Wexler, 1261 W. Paint Brush: One of our projects, which we talked about a few minutes ago - we're going to be, now that hopefully the Bank Protection is going to go in, in the next year or so - we're going to be developing the 750 acres that's really surrounds the Town Hall here and across the street. I think you're going to see some other projects develop. The question is, what happens for Bank One from now until then. One of the things 1 was thinking while I was listening here is that possibly Bank One could maybe have shorter hours - maybe 3 days a week - do some remodeling of the building and make it almost an express. Maybe you're open from 9:00 to 12:00 three days a week, until we get through that period of time that we're looking at, which would be approximately, I think, somewhere around two years. Also, and I hope Council doesn't get made at me, but some times -~ I see this area around Town Hall and I don't see that much investment from the Town. Maybe the Town needs to put together of Council people and maybe some of the commissioners or staff and look at what some of Bank Ones concerns are from a financial standpoint and maybe let's look at a twelve or eighteen month period of helping them keep their doors open. And then assess it eighteen months from now. Maybe there would be some economic help or some type of help from the Town. We're very committed to the Town and we always have been. We own this property around here and we would like to see Bank One stay here and maybe even relocate to what we're trying to develop here. I can understand where they're coming from because they're sitting here and everybody's saying yes, stay open and from a business standpoint - and they're now owned by a company that probably never even heard of Marana. And they're saying "we've got to make some type of profit or there has to be some incentive from the community to really stand behind this pioneer - when I first came out here in 1979, I said gee t here's a Valley National Bank out here. I always wondered who went there and now I'm seeing not too many people go there. I know myself and our company - we'll move our checking accounts and business accounts and maybe the Town needs to take some of that sales tax money and run it through the bank and maybe we need to do some things. 4 MINUTES OF REGULAR COUNCIL METTLNGE [ MARANA TOWN COUNCIL JULY 15, 1997 Charlene Abbott, 7505 W. Mountain Sky Dr.: The only thing I've heard here and I've heard a lot of good things from up here. The only one word that so far has been missing from the banks standpoint is the word loyalty. I think they owe Marana something. Hurvie Davis: I've had a number of calls on this issue and talked to a number of people. One of those being representatives of the Marana School District, were unable to be here this evening due to the fact that they have a Board Meeting. I've talked to Mr. Dutch Vandcrmatten, they authorized me to speak on their behalf to the bank - they are very disturbed about these news. They do their banking at Bank One at this office - the Marana School District is growing like the Town of Marana. They make several deposits a day on a staggered basis. It's going to be very inconvenient for them to have to go even to Continental Ranch to do their banking. They did authorize me to express their disapproval of this bank. I wanted to put on the record. Mayor Harn: Concluded this item with a suggestion of getting a committee together to see if there are other banks who want to move here. C. Disc i n ir i - Designation of Colonias in Pima County Hanna Schwartz, USDA Rural Development, 1912 E. Frontage Rd., Tumaccnri: I'm here to talk about Colonias designations. USDA Rural Development, used to be Farmers Home Administration. My position is as an outreach specialist to assist people in our communities with weatherization type loans and grants for elderly people over 62 years of age. The 306C, which is my program for the Colonia designation, is if we go into a community and put a water and waste system out. I go in and interview people and see if we can qualify for grants to hook them up to that system. In order to do the 306C Program, the area itself has to be designated a colonia. The colonia designations in Arizona are any of the counties that border the Mexican border. That would bc Cochise, Santa Cruz, Pima and Yuma. I'd like to leave some information on thc 504 Repair Loans and Grants and thc Colonia Designation itself. The designation itself has to be made by the County Board of Supervisors, so the Resolution has to go to them for approval. If you have any information, we talked about an area who is having problems with their sewage system - we can look at that area and talk about that at a later date if possible. Our main office for Pima County is in the Tucson area. I'll leave you some information with addresses - you can either get a hold of me in Nogales or Mr. Jeff Hoopcr, who's a supervisor here in Pima County. Mayor Harn: I would appreciate it if you would just explain to the Council what a Colonias is. Hanna Schwartz: The definition is just a neighborhood. The Colonia itself is for areas who have poor sewage water problems. We can go in there and assist them with water and waste development. Ed Honea: On the Colonia system, do you declare these areas by neighborhood or could you pick an area that maybe doesn't have the proper water or sewage infrastructure, such as our northern end here, and designate the whole north end of our community? Hanna Schwartz: Yes, you could do individual designations. Ed Honea: Do you ask to have a certain neighborhood or a certain area declared a Colonia, one at a time or could you ask for a geographic area that maybe included several of these areas that need infrastructure and the whole thing declared as a Colonia? Hanna Schwartz: You can do either. Say you have a trailer park area - you can designate that area legal wise, just to designate that section. A lot of towns are pretty concerned about designating the whole area. Ed Honea: Asked if State or Federal Government certifies the grants or lomas. Hanna Schwartz: I work for the Federal Government. Ed Honea: So if we made an application, we would apply directly to the Federal Government? Hanna Schwartz: You would apply with us. Michael Hein: For clarification on the certification or designation of Colonia; the first step is for this Council to define the Colonia by area. After that's done, we have to go to Board of Supervisors of the Cotmty and have the County declare that area Colonia as well. The grant funding or the loan funding is from a Federal level. Mayor Harn: And that is separate from applying for the Colonia? Michael Hein: Correct, the local Governments make that designation Michael Reuwsaat: Can the Town request multiple designations.'? Hanna Schwartz: Yes you can. Mayor Ham: If I'm not mistaken, these areas have to be economically deprived areas. Hanna Schwartz: For the 306C, they have to meet the poverty level guidelines in order to get grant money, yes. Mayor Harm I can tell Council, this north part of Marana can fall into that category. Roxanne Ziegler: I would like to recommend that we direct staffto look into it and get the designated areas. Mayor Ham: How would we follow-up on this, Mr. Hein? Michael Hein: I would suggest, staff be given a meeting or two to come back to you with recommendations on defined areas that would meet the eligibility and suggested projects we may proceed with. I foresee it will not be an easy task to convince the Pima County Board of Supervisors to uphold the designation, unless we have adequate 6 MINUTES OF REGULAR COUNCIL METTINGE MARANA TOWN COUNCIL JULY 15, 1997 justification. I would want to make sure that the areas defined meet all the requirements and the justification is sound before we go to the Board of Supervisors. Mayor Harn: Does Council feel just cause that we move on with that Council agreed to instruct staff to look into this issue and come back to Council. Recess at 8:12 P.M. Back into Regular Session at 8:33 P.M. D. Discussion/Action - Process for Planning Commission Member Appointments Mayor Harn: This item was put on the agenda for discussion and has been discussed for a number of times. Michael Reuwsaat: I want to be very clear that what we're talking about here is the process of appointment. We're not talking about anything else. I believe that the Planning Commission is the most important committee that this Council appoints. I would like to see, as a newly elected member of this Council, the ability to make a recommendation to this Council of a candidate for the Planning Commission. Basically the discussion is the format it is in now, to where each Council Member as they are elected has ability to make a recommendation with endorsement by the Council of that candidate to go on the Commission. I would like to support that, it's as simple as that. Right now there is a Member that's off and who is now on the Council. There are two Planning Commission Members that terms expired 6-30-97 and so there are basically three positions that are open to be appointed or re-appointed to the Council. There are four Members that were recently elected. The timing in terms of transition, fits about as well as it will ever fit at this time. It won't fit as well in two years. Mayor Harn: Would those appointments be made every two years then, or every four years? Michael Reuwsaat: My understanding is that they're commensurate and run w/th the term of the office of the elected official. Mayor Itarn: So your suggestion is that the four recently elected Council Members start the process and the other three wait until they have four year terms before them? Michael Reuwsaat: That's what I'm suggesting, in terms of a transition which allows for continuity. Ed Honea: I'd like to support Councilman Reuwsaat. We've talked about this many times before. I do think the Planning Commission should be reflective of the Council. The only problem we have is there's four of you that were just elected and there are three positions to appoint. I don't know how we, unless one of you just back off or something like that or you draw three straws to see who gets the appointments, to make it fair. Then, basically what would happen, the other four individuals would stay on the 7 MINUTES OF REGULAR COUNCIL METTINGE ~RANA TOWN COIJNCIL JULY IS, 1997 Planning Commission until the election of '99 and that's when the three other individuals here would be up for election or others would be elected. The only thing is, then we're going to have three people elected and four people come up on the Planning Commission, I don't know how we would work that either. To try to do it the way Councilman Renwsaat said, we're always going to have an odd number. I agree with the principal and I agree that it's not personnel, I think most of the people on the Planning Commission will be re-appointed if we did it all right now. It's a good concept and it's something we need to work on, I don't know how we will do it. Roxanne Ziegler: I think I agree with you on part of this. I think the part I don't agree is - I don't want to see the process change. I like the way it is now. I agree with Mike that we need to get three more Members - there are three appointments up. I'm not in favor of changing anything - I don't want a like-minded person, like me. I don't care what their feelings are one way or another on developers. I would hope that they come into the Town with an open mind and they sit down with Mr. Flannery and his staff and get familiar with the process. I don't want to be tied to them and I certainly do not want to control them. I want them to be an independent Commission from us. I really don't want to see a change except to get the terms up to date. Sherry Millner: I though a lot about this. Correct me if I'm wrong, Jerry, but there is no training for P & Z, it's all experience, correct? Jerry Flannery: Typically the Council, when they look at applications for Planning Commission membership, look at practical background and experience in any myriad of careers that could be applicable to a sound basis to make recommendations on zoning and development matters. Sherry Millner: I see that if we start selecting P & Z Members every two years, you don't have a lot of pool out there to choose from. I know they work long hours and there's not a lot of people out in this public that want to work these long hours that they do and we do. You're going to end up having a short pool to chose from. I agree with Council Member Ziegler, we start putting people like me, I don't want somebody like me on the P & Z, I want them to have their own brain. I think we need to have some experience on that P & Z, I think we have some good P & Z Members and I don't want to see it changed. Michael Reuwsaat: First of all, we're looking at four year appointments. I think it's a presumption to think that Council Members are not going to take the best interest of the community by who they're going to recommend to Council, which the entire Council has the right to approve or disapprove. I don't want to say, whether it's you or me or someone else, that there's a presumption that this person can't think on their own feet. I for one would not recommend a person that way. If there's an individual in the community that I think would add value with a different perspective to the Planning Commission, then I would like that ability to make that recommendation. We may not agree or disagree about this process, I think it'll be a Council vote and we'll go from there. In terms of the fourth position that Council Member Honea was talking about is, we talked about straw among Council Members. MINUTES OF REGULAR COUNCIL METTINGE MARANA TOWN COUNCIL JULY 1 $, 1997 Roxanne Ziegler: Someone tell me again, why it is that wc want to change this process. Ed Honea: We have the right to disagree. I've given my opinion. I do feel, and you don't and I respect that opinion - that if I'm pro-growth, I would look for someone who's pro-growth. I don't want someone to be a rubber stamp of Ed either, but I want someone who is pro-growth. Roxanne Ziegler: We already have a procedure in place for Planning and Zoning Commission. Tell me again, why we want to change it. Ed Honea: What we've had before was kind of a hodgepodge - at first it was the Mayor would bring a candidate before the Council, and we had the right to vote yea or nay. Although, that's not an Ordinance, for example when you came before the Commission - although I did not choose you first, I went ahead and backed offbecanse it was obvious that the majority of the Council did. But we need to have some order in how we're going to do it. If we're going to appoint at large, then at the very least, we need to advertise or something. There needs to be a different type of process. Roxanne Ziegler: I have noticed there have been advertisements in the Explorer, I'm not sure if they've been in the Citizen or not for anyone interested in being on the Planning & Zoning Commission to submit a letter to the Council. I think we are in receipt of some of those letters. Again, we have those letters and so the next step, in my mind, and I'm looking at the existing procedure - from what I understand, we would take a look at these folks and have them come in front of us and give a short presentation, then that person would have to have the majority vote to be placed on the Commission. I'm asking again, why if that is the way we do it, are we changing? Michael Reuwsaat: It's the most important Commission that we make. Each of these members up here are elected and have to work to get on this Council to make those decisions. I would like first for the ability to make a recommendation to this entire Council of someone that I think would fill the seat of the Planning Commission. It will most certainly be someone that I think can provide some of the perspectives that I was elected upon and some of the views that 1 have and that I hope are shared by the remaining balance of this Council. If it's not, it's obvious that person won't be approved. We can go on and discuss further, but I'd like to move off this and make a recommendation. A motion was made by Michael Reuwsaat, seconded by Ed Honea that Council adopt the alternate procedure that's in our packet -- That some form of selection process between the four recently elected candidates be taken to determine which one of the candidates will not make a recommendation to this Council and then also that a similar process be taken among the existing four members of the Planning Commission to determine which one will have that remaining term extended from two to four years. Upon, of course their approval. Vice Mayor Sutton: The way I'm reviewing it, the way it sits now actually isn't the way we're doing it right now. It's basically a Mayor appointment right now. The way it says now, the Mayor or any Council Member may move to appoint. Right now, if Mike MINUTES OF REGULAR COUNCIL METTINGE MARANA TOWN COUNCIl, JULY 15, 1997 has someone, he can come up and tell you, I'd like to get someone appointed. I think what the difference in the alternate procedure and the one that's existing is the existing one is vague. It doesn't really give a good line item detail on how it's supposed to happen. I think we're just looking for some further outline to what's supposed to happen. The way the alternate procedure can be done fight now. We're handling it as a Mayor appointment fight now, although the current procedure doesn't say it's a Mayor appointment. We're handling it different than the existing procedure is, I think what the alternate procedure would do - would allow us an outline on how action should be done, so there won't be more question on it. I don't see it changing a whole bunch. Herb Kai: I always hate to fix something when it's not broken. I think in this case, we're trying to streamline our process and it's definitely not to clean house with Planning Commission. Sherry Millner: Mr. Hochuli, two years ago, we had a committee set up for policies and procedures. We did up this procedure to where we took it out of the Mayor's hands just like this said and gave it to the Council to appoint - so it wasn't a one person appointment, correct? Dan Hochuli: That is correct. Sherry Millner: We did this procedure, this is a new procedure - this wasn't done twenty five years ago. We spent a lot of hours on these procedures and now we're saying they weren't worth anything, let's change them again. If we do this every two to three years, we're going to have a lot of paperwork. Roxanne Ziegler: Vice Mayor Sutton, if 1 recall we directed Mr. Hochuli at the Rio Rico Meeting to come up with something different and he did. We did not ask him to clarify. Mr. Hochuli, was that your direction - to clarify or come up with a new procedure? Dan Hochuli: The direction I understood from the Retreat was to look at an alternate method of appointment to the Planning Commission. Which would accomplish a number of goals; 1) Make the appointments coincide with Council appointments. 2) Would create a situation where a minority Council Member had a greater ability to appoint a person to the Planning Commission. The avenue I chose in my recommendation was to accomplish the goal that was requested, which was to give a more direct control to a minority Council Member. I tried to avoid a situation where it's a direct appointment. The direction I was feeling from Council was Council still wants to have the ultimate say. One more thing, as far as the procedure for tonight - the way I understood the motion, this will require a Town Code amendment. I understood staff will now go back and present a proposed Ordinance to Council that would amend the Town Code. We would bring back an Ordiance at a future meeting that would amend the Town Code for the new appointment procedure - it would also create some sort of a process whereby we would handle the transition. Mayor Harn: I would assume that if this new ruling was passed, that no new Commissioners would be appointed until that process was completed. 10 MINUTES OF REGULAR COUNCIL METTINGE MARANA TOWN COUNCIL JULY 15, 1997 Dan Hochuli: That's correct. Essentially the motion tonight is to direct staffto bring us back an Ordinance to amend the Town Code. Anton Krapek, 7700 N. Bellwether Dr.: ! happen to be a member of the P & Z Commission. As far as selection of new members for the P & Z Commission is concerned, I'd like to suggest that the selection be made on a population data basis. So that all of the population is equally represented. I agree with Councilwoman Ziegler, like-mindedness does not enter into thc picture. Personal issues that happen to be on the mind of any Town Council person should not be reflected in the actions of a member of the Planning and Zoning Commission. It should be a separate singular entity that that individual represents. As far as the single Council Membership appointments are concerned, this is not a democratic process. If an individual wants to have someone as a member of the Planning and Zoning Commission that Council person recommends an individual to the entire Council, the entire Council then has a complete say as to who will or will not be appointed. One Council Member cannot say I want you to be a member of the P & Z, will you serve? Experience is the key to being a good P & Z member. We have 2 engineers on the Planning & Zoning Commission. I happened to have owned my own architectural engineering plant back in Michigan. I know the why's and wherefore's of construction and code requirements. That's the kind of caliber person you should have on the Planning Commission. You are depending upon this Commission to make recommendations as far as new development is concerned, as far as construction is concerned. The commission has absolutely no power - the power is in your hands. When the P & Z Commission makes a recommendation, either pro or con - it goes on to you for consideration at your next Town Council meeting. You are the ones that act on it. Now, there have been times when we've made a recommendation on the P & Z commission, it's gone to Council and Council reviews and they are at a loss as to what should or should not be done so they send it back to the Planning and Zoning Commission. That's the way it should be done. The expertise is there, not saying that you folks are not experts, but you're not experts in that particular field. So you should use the people you select, you should elect the people to the Commission with a degree of knowledge and a degree of individual integrity. Vice Mayor Sutton: I agree that if there's 1,000 people here, you get one; if there's 3,000 people, you get three for the P & Z. That falls in with this whole thing of me being able to pick someone. I was elected from a certain number of people from a geographical area, or however that plays out. They vote the people they want on the Council. Anton Krapek: As long as you make your selection from within the district you represent. There is nothing to preclude you from selecting someone from another district. It has to be spelled out. Vice Mayor Sutton: We're looking for options here on getting this a little more outlined. Anton Krapek: There's a posibility that we get all the Members out of Continental Ranch, what happens to the folks on the north side of Town? 11 JULY 15, 1997 Michael Reuwsaat: That can happen right now. That's a posibility that this situation could remedy. What you're talking about is award system, which I agree with, but that is a political process that will come about with the growth of this Town. We don't have district awards within the Town of Marana, but it will be coming with the growth. Vice Mayor Sutton: Your other concern, Mr. Krapek, I know I don't want one person to say, "you're going to serve on P & Z for me". The reason the attorney changed that was, I can select someone, it has to be a majority vote. That's in there. Wheeler Abbott, 7505 W. Mountain Sky Dr.: In the past and up to date, when we have had a vacancy on the Planning & Zoning Commission - I and other people have searched - and it's not easy to find qualified people to serve. We've had these people write a letter to the Mayor. Three or four letters come to the Mayor, the Mayor just brings them to the light of all of you, you then make your choice of who will be the next Planning and Zoning Commissioner. As far as "you and them" that's the attitude that's being taken here now. The people of "old Marana" against the people of "new Marana" or Continental Ranch or whatever. We're all Marana. I'll tell you honestly, of the Commissioners I've had, I've been on the Commission seven years and have been the Chairman three or four years. I have never tried to sway a person on their vote, every person has voted individually to the best of their knowledge for the betterment of Marana. Not north, south east or west Marana, they've tried to do the best for the Township as a whole. I'm worded when I hear certain Members of the Council say they want control of the particular Planning and Zoning Commissioner. If you want that much control, kick the Commission out and do the work yourself. It's a lot of work, it's not easy getting good people. I don't see where the betterment comes in. When you have a vacancy, right now we have one, you say three - who are the other two? Michael Reuwsaat: From staff, Anton's is up 6-30-97 and Patti's is up 6-30-97. Wheeler Abbott: In other words, they're not Commissioners now? Michael Reuwsaat: I guess they're ongoing until someone else is. Wheeler Abbott: Anyway, this is the first I've heard we had three. I knew wehad one with Roxanne. I've had a person write a letter in. I've always recommended to the people that they send a letter in to the Mayor and the Mayor distributes that to you people and you make your decision. I don't know what really you're going to do to improve this system. Dan Hochuli: If I may, as the Chairman was speaking, I thought of maybe an easier way to understand the change because I don't know if there was some confusion for one of the speakers. What the suggestion does, it makes two changes to process: 1) It sets the term of Commission Members to match the term of Council Members, they're still four year terms, but it just changes so they coincide. 2) It changes who nominates. Right now when there's a vacancy, for Council Members spot, right now anyone of the seven of you can make a motion to appoint someone. Under the language that I drafted, 12 MINUTES OF REGULAR COUNCIL METTINGE MARANA TOWN COUNCIL JULY 15, 1997 only one person would make the nomination. The Council still votes, so I think it's a change in who can nominate the name. A vote was taken for the motion on the floor. The motion passed four to three. With Mayor ltarn, Sherry Millner and Roxanne Ziegler voting nay. Roxanne Ziegler: I'm going to say it again, if it's not broken we're up here fixing something that's not broken. This was a political motivated incident and everybody up here knows it. I'm going to make a terrible politician folks, but one thing I will do, I will I will represent the people and I will not as it says in this message, retain control over the members of the Planning Commission. That is not why I was elected. E. Discussion/Direction - Regarding Changes to Council Structure and Procedures, Including Council Member Pay, Direct Election of the Mayor, Annual Town Hall Meetings, Submission of Future Tax Increases to Voters, and Automatic Sunset of Town Ordinances Mayor Harn: These issues were brought to us, Councilman Reuwsaat suggested the election of the Mayor and Mr. Morales a member of our community has suggested that some items be put on a list and this be put before the Council to see if Council would approve some of these issues - to be put on the ballot for vote by the general public. Ed Honea: Wanted to go on record that when he was Mayor he brought before the Council a motion to elect the Mayor directly by the public. There was a brief discussion by Council with regard to the following issues: 1) The Town of Marana shall pay a stipend of $1,000 per month to each Council Member and a stipend of $3,000 per month to the Mayor. 2) The people of Marana shall elect the Mayor of Marana for a term of 2 years. 3) The Town of Marana shall hold a Town Hall Meeting with the people of Marana at least once a year. 4) Any increase in the 2% sales tax in the Town of Marana shall be voted on by the people of Marana 5) AH new ordinances shall have a sunset clause of five years. The only exception to this rule will be Specific Plans. 6) These questions shall be voted on by the people of Marana on the first Tuesday after the first Monday in November of 1997. All questions getting a 50 percent plus one vote will become law on the second of January 1998. Ed Honea: Has no problem with a stipend for Mayor and Council, however, he does feel $3,000 and $I,000 is too high. He agrees the people should elect the Mayor, feels it should be for four years. Advised Council has tried a couple of Town Hall Meetings, nobody showed up at any of them. He feels it is a good idea. In regards to the sales tax, he feels it's a good idea. With the sunset clause, he disagrees with that, he feels that is vague. He thinks a lot of these items are good ideas. 13 MINUTES OF REGULAR COUNCIL METTINGE MARANA TOWN COUNCIL JULY 15, 1997 David Morales: I was on the Council from '87 to '91. I've been working on these questions for approximately three years. As far as Councils pay, I based my theory on thc City of Tucson gets pad $2,000 for the Council and the Mayor gets $4,000. The reason I selected stipend is because I fccl thc Town Council should bca separate entity from thc Town. Thc Mayor has been elected for a two year term for twenty two years. What I like about the two year term, it eliminates a recall. When I was on the Council we had a Town Hall meeting and it was very successful. It gives Council better information from the public. I have always been against sales taxes - I feel the people should have that decision to make. Sunset of Town Ordinance - the State Legislature does this. I personally feel these are good questions, I've talked to a lot of people about these questions and everyone that I've talked to are 100% for these questions. Sherry Millner: I think you could have trouble getting anybody to vote for anything for us. You want the Mayor to be elected by the people, which is good. But do you know how expensive it is to nm a campaign? We pick a new Mayor every two years, that Mayor doesn't have to go out and campaign. Four years maybe, but not two. Michael Reuwsaat: I feel very strong about electing the Mayor by popular vote. I don't have a problem with two year terms. Not all ordinances or statutes at the state level are sunset. I think your suggestion that we need to review it and look at specific ordinances or specific types that might be sunset and take a look at that. David Morales: Thc state law says that you can't go back, so that book - you can't touch those ordinances. This only says all new ordinances. Michael Reuwsaat: I appreciate that, I missed the new. But twenty five years down the line, when we've got another level of volume. ! have no problem with sun-setting, I think for certain Legislation, it's an absolute must but I would really like to take some time and go through and study that one and bring forward a modified motion on it. I'd much rather look at ordinances which will most likely change in temps of lifestyle changes, safety, health and welfare issues for the community. I really appreciate you bringing these forward. Vice Mayor Sutton: On the two year term for Mayor, if the person that has the two year appointment, doesn't get re-appointed as Mayor, they still have two years left on their Council seat. On a four year election, you're always going to be in the middle of somebody's term that may want to run for Mayor. Right now with four people running two years, three people running the next two years - you always have some experienced people on the Council. Herb Kai: In regards to the stipend, I'm flexible - I served as Council, I think it's a volunteer position. One comment as far as the Mayor being elected by popular vote, I've enjoyed serving with all of our previous Mayors and Vice Mayors since I've been on this Council. I think the reason I do that is because I've been able to pick from the Council, who to serve as Mayor and Vice Mayor. 14 bllNUTES OF REGULAR COUNCIL METTINGE MARANA TOWN COUNCIL JULY 15, 1997 Hurvie Davis: I think information that may be worthy of your consideration, in talking to thc Clerk the other day, thc Clerk advised mc that it was too late to put any item on the November ballot, is that correct Ms. Groseclose? Sandra Groseclose: That's correct, July 7 was the last ... Hurvie Davis: So we're unable to get it on the ballot this year in November. Mayor Harn: Let's get the legal issues out of the way, so we know where we stand legally on these issues. Dan Hochuli: The Council has the authority to do each of these items. The only one by state law requires the vote of the people is the direct election of the Mayor. The rest of them, the Council can adopt by Ordinance, can hold an advisory election of the people and then adopt by Ordinance or place it directly on the ballot, but Council would have to designate as an initiative, I think. Regarding the stipend, a Council Member cannot modify that persons pay during their term of office. If Council does it by election, it won't take affect for another four years anyway, because we would need to roll through the existing Council. We could have Proposition 101 which says pay the Council $1,000; Proposition 102 pay the Council $500 and Proposition 103 which says don't pay the Council. You may end up with the majority of the people wanting to pay the Council, but the motion fails because they divided their vote over the amount. The term of the Mayor must be submitted to a vote of the people, then that would take affect at the election following that. The two years or the four years is the decision of the Council. Keep in mind, essentially what we're saying is the people are voting for this seat, which will serve as Mayor and will also serve as Council Member. Under the State Constitution, as long as a Council Member is not receiving pay, you may run for another office. The Town Hall meeting, my only concern with that, is open meeting. The point of the Town Hall meeting I think is to hear the concerns of the people. We need to deal with the open meeting law. The sales tax is difficult and I would want to look into that further. We're very limited on what this Council can do, because the tax code is formulated by a State Policy body which says, this is your tax code, and these are the only changes you may make to it. That one would be difficult and I would request further direction from Council on whether what we're looking for was any modification to the Town Tax Code or you were looking for only the 2% sales tax on retail sales. The sunset clause is really one that is near and dear to me and I would like to discuss that further with Council. Since my departments designated responsibility is to enforce the law, I feel my role to the Council is to make sure that they stay therelf we talk only about new laws - it creates a fairly significant staff burden on keeping track on which laws are which. Mayor Harn: I'm going to go through these, 1, 2, 3, 4, 5 and all I want the Council to vote on is do you want to keep these before the Council, look into them for further detail or do you want to eliminate them. 1) six in favor, one against 2) five in favor, two against 3) four in favor, three against 15 MINUTES OF REGULAR COUNCIL METTINGE MARANA TOWN COIYNCIL JULY 15, 1997 4) four in fhvor, three against 5) no vote Mayor Harn: We're going to continue to look at one through four. David Morales: May I say something? These are only suggestions, the authority of these questions lie with the Town Council and I respect your position, whatever it may be. Recess atl0:00 P.M. Back in Regular Session at 10:10 P.M. F. Tucson Pima Arts Council Summer Project 1997 Mayor Harn: Advised the Pima Arts Council is preparing another entry sign - similar to the last one. Her concern is, the last sign is still in storage. Council needs to discuss where that monument will be put up. Roxanne Ziegler: Commented that the sign needs to be taken out of storage and put up. Vice Mayor: Asked, didn't we already talk about where the sign was going to go? Herb Kai: I think last time, Jerry we thought we'd do a survey just to make sure we'd get the location and I don't know where we are since then. Mayor Harn: Now we're talking about the monument that was made last year. Jerry Flannery: Reminded the Council that the Town had to come up with some money to have the sign erected. He advised the sign was designed with Ice-Tea Funds, therefore, it has to be erected on the right-of-way. He spoke with Tom Orr, with CB Commercial, about possibly doing a lease agreement with him. Mr. Flannery advised he was not notified and had no awareness that a new sign was being constructed. If a new sign is being constructed and the direction of Council is to locate that new sign, according to the ice-tea requirements, which possibly would be in the right-of-way, then we may be coming back to the Council in the next few months, with the same type of engineering cost estimates asking for allocation of contingency funds to allocate for this sign as well. There are some issues that need to be researched. Mayor Harn: I think they have an August first deadline that we have to make. Marie Hernandez, 240 N. Stone: I am the Art Works Program Director for the Tucson Fine Arts Council. This year, we're doing the same sign for the Town of Marana. From what the artists understood from last year that we were going to do the duplicate sign for the southern boundaries for the Town of Marana. My apologies that we didn't notify Marana, but we just went with the Council's decision from what I understood. Our program started June 16 and is going to complete August 1. Last year, Council Member Kal, Council Member Price, Jerry Flannery and the Arts Education Director, Terry 16 MARANA TOWN COUNCIL JULY 15, 1997 Warum went out and did some possible site visits for the signs. Because this is an ice- tea project it is restrictive and it does have to be in the right-of-way. One of the sites that team decided on was the Orange Grove exit on 1-10 and Orange Grove. There's few sites where the sign can go up since it is restrictive. The sign will be completed August 1, and we will at that time turn it over to the Town again. Because the sign is so expensive, we don't have money's to build the monument in which to install this sign. It's just a duplicate of last years as well. Vice Mayor Sutton: I think we're just looking for direction of staff to look for possible sites for the monument. I don't think wc have a problem in doing that. I don't know if wc need a motion. Sherry Millner: I remember when we talked about that last year putting it on Orange Grove and 1 think we agreed to that last year. Ed Honea: Do we need to appropriate money or direct staffto make money's available for the monument to place the sign on? Mayor Harn: I think we need a motion to say that we want to put this sign up. A motion was made by Ed Honea that Council appropriate money's to build a monument to place the sign on and it be placed on Orange Grove Road as the Committee directed last year, at a cost of $5,000. The motion was seconded by Vice Mayor Sutton. Sherry Millner: We're talking about this coming up sign, what about last years sign that needs to be put up, don't we need to make a motion? Ed Honea: We already appropriated money last year. Herb Kai: Could you refresh my memory on the Orange Grove location, exactly? Marie Hernandez: Right now there's a "for sale" sign on this parcel of land - that site has to identified and researched to see if we could get permission in which to build a monument on. The location has not been identified very clear. Michael Reuwsaat: If Ice-tea determines it's in the right-of-way, then it'll be close to there anyway. I'd just like to see them go ahead and proceed and expedite the issues so we can get them up and people can see they're coming into Marana. Hurvie Davis: If the project is funded through Ice-tea, and it bas to be in the Public Right-of-Way, you're probably talking about ADOT's fight-of-way, which you need permission from ADOT to put that monument sign in. If it's on the arterial street of Orange Grove, it's in the public right-of-way, in all probability it's in the Town right-of- way. If we're talking about the area that Mr. Orr has, that's private property down there and as Jerry Flannery mentioned - we'd have to enter into a lease agreement in order to get authority to put it on that private property. You don't have all the definitive information and neither does staff, we will work with the Arts Council as appropriate to 17 MARANA TOWN COUNCIL JULY 15, 1997 find a location. If we feel that location is suitable and meets with your guidelines, we will proceed, if not, we will come back to Council. Motion passed 7 to O. G. First Reading - Amending the Town of Marana Personnel Policies by Adding Article 02.16.05, Benefits Continuation (COBRA) Hurvie Davis: No action is needed tonight, this is the first reading before Council, unless you decide to give us some direction, we will be back to you with the second reading at the appropriate time. Roxanne Ziegler: I've been on COBRA, it's a great program. I know COBRA is an acronym, but that's not the acronym for Benefits Continuation. Jane Johnson: Benefits Continuation and COBRA are for our purposes the same thing. Vice Mayor Sutton: Maybe to avoid the acronym, just put a slash. It. First Reading - Amending the Town of Marana Personnel Policies by Adding Article 07, Return-to-Work lturvie Davis: As the previous item, this will come back to you for a second reading, unless you want to modify what we have before you this evening. I. Pima Association of Governments Regional Council Meeting Agenda - Review for Discussion and Direction No questions. J. EXECUTIVE SESSIONS 1. Pursuant to A.R.S. 38-431.(A)(3) for Discussion and Consultation with the Town Attorney in Order to Consider the Town's Position and Instruct its Attorney Regarding the Town's Position in Pending or Contemplated Litigation Brought by the city of Tucson Against A.R.S. 9-471 2. Pursuant to A.R.S. 38-431(A)(7) for Discussion and Consultation with Representatives of the Town Relating to Negotiations for the Purchase or Lease of Real Property Upon Which to Locate a Municipal Complex A motion was made by Ed Honea, seconded by Vice Mayor Sutton and carried unanimously that Council go into Executive Session at 10:10 P.M. A motion was made by Ed Honea, seconded by Vice Mayor Sutton and carded unanimously that Council return to Regular Session at 11:35 P.M. K. Mayor and Council's Re_port None. 18 MINUTES OF REGULAR COUNCIL METTINGE MARANA TOWN COUNCIL JULY 15, 1997 L. Manager's Report I want to mention that Joel Svoboda has been appointed as Chief Building Official - to replace Doug Maples. X. F t A nd It None XI. Ad_iournment A motion was made by Vice Mayor Sutton, seconded by Ed Honea and carhed unanimously to adjourn the meeting at 11:35 P.M. CERTIFICATION I hereby certify that the foregoing minutes are the tree and correct minutes of the Marana Town Council held on July 15, 1997. I further certify that a quorum was present. 19