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HomeMy WebLinkAbout05/06/1997 Regular Council Meeting MinutesPLACE AND DATE Marana Town Hall, May 6, 1997 CALL TO ORDER By Mayor Honea, at 7:08 P.M. II. PLEDGE OF ALLEGIANCE III. IV. Led by Mayor Honea INVOCATION A moment of silence was observed. ROLL CALL COUNCIL Ed Honea Sharon Price Tom Clark Ora Ham Herb Kal Sherry Millner Bobby Sutton, Jr. Mayor Vice Mayor, Excused Councilman Councilwoman Councilman Councilwoman Councilman, Absent STAFF Hurvie Davis Sandy Groseclose Dan Hochuli Dave Atler Jerry Flannery Dave Smith Jane Johnson Jocelyn Entz Brad DeSpain Ann Meaders Floyd Foster Doug Maples Roy Cuaron Town Manager Town Clerk Town Attorney Town Engineer Chief of Police Human Resource Director Assistant to Town Manager Water Manager ChiefBuildingOfficial Finance Director 14 Members of the Public APPROVAL OF AGENDA A motion was made by Herb Kai, seconded by Tom Clark to approve the agenda as presented. Mayor Honea advised per Mr. Davis, item 7 on the Consent Agenda is no longer necessary, so was removed. Motion carried unanimously. VI. APPROVAL OF MINUTES A motion was made by Sherry Millner, seconded by Ora Harn and carried unanimously to accept the minutes of April 15, 1997. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Bill Schisler, 12561 N. White Ave.: My name is Bill Schisler, I live at 12561 N. White Ave. Mr. Mayor, Members of the Council, your last meeting I came to you with a problem and suggested someone with enough guts to take care of it, they did and I wanted to say thanks. I'd like to convey the thanks to the staff and the people responsible for that, I sure do appreciate it. We do have some, some better Government now. Thank You. Mayor Honea: Thank you Mr. Schisler. Is there anyone else that has an announcement? Ora Harn: Mr. Mayor, I would like to present to you and the Council, a Certificate of Achievement from the Travel Reduction Program. It commends the Town of Marana for 100% employee participation in the 1996 Travel Reduction Program Survey. We received a lovely certificate and won one of the highest awards and received a plaque for our efforts. Mary Short and Jane Johnson were them today and I was very proud of our community to put in this kind of effort on this program. Mayor Honea: Very Good. Mr. Davis. Hurvie Davis: Mr. Mayor, Mr. Doug Maples, the Chief Building Official for the Town would like to address the Council, if he may. Doug Maples: Good evening Mr. Mayor and Council Members, I'd like to thank you for letting me have this opportunity to express my appreciation to the Mayor and Council and for the Town the opportunity to have been your Building Official. This will be an ending of a chapter in my life. I'm starting another new chapter. In the last 18 months I have faced a lot of challenges as a building official in this Town and have been able to meet those challenges and rise above them with the help of team effort and involvement. The foundation of the building department in the Town has been laid for the futura. The Town of Marana is now recognized as a very reliable source in the building for the high standards of building and recognized in adjoining jurisdictions as well as throughout the state. With this foundation, the Town will be able to meet any new challenges ahead. With so many opportunities ahead, I leave knowing that the guidance of the Mayor and Council and the Town Manager, that the transition for the future selection of the Building Official will be able to step into this position smoothly. I will be leaving behind me in the building department a staff of qualified employees and those employees having team support and the state of the art department. As the Mayor and Council you have provided me with an opportunity for my success with concern, understanding and support to the community and citizens of this Town. I leave saying Thank you for having given me this opportunity to be your building official. Thank you. Mayor Honea: Thank you Doug. Mr. Davis. 2 Hurvie Davis: Mr. Mayor, as all of you know, I have believe that Mr. Maples is leaving employment of the Town of Marana as of May 16. He will become the Deputy Building Official for the City of San Mateo in California. It's quite an advancement for him, it's a much larger City, more salary but considerably more housing cost that go along with that. Mr. Maples has really done an outstanding job with us in the short period of time. He's been here for about 18 months. As you know we had a very small building department a few years ago. Mr. Maples has not only brought us into the 20th Century, but has prepared us to move forward into the 21st Century - with the organizational skills and management skills which he has employed during his stay here. We wish him well, we hate to see him leave but we are having a luncheon for him on May 13, at 12:15 P.M. at the Marana Recreation Center in the Park. If you'd like to attend, if your schedule can make it and so forth. We wish Mr. Maples well, he's done an outstanding job and he's said any time I needed him, I could call him at San Mateo for any rough spots 1 hit. In regards to that, Mr. Mayor and Members of the Council, I'd just like to make a statement that relates to Mr. Maples area. I was going to staple it to my Manager's Report, but I think it's significant that we do it at this time. There is a building officials seminar being held, in the not too distant future. Regarding a national insurance service office, it's a national program of rating local jurisdictions, building safety departments in relation to the manner and the degree, they adopt and administer the model building codes. These ratings are then used as they further modify and determine the cost of insurance in the future. As you know, these people do the same type of rating for Fire Departments to get fire insurance ratings and so forth. Now they are expanding to building departments in the local jurisdictions. As a result of Mr. Maples leadership, I think that when this rating takes place in our community, which will probably be in the coming year - that we will be well established and have an excellent rating to enable our citizens in our community and businesses, anyone that has buildings to experience a much better fire insurance rating than they would otherwise. I would like to thank Mr. Maples for getting us prepared for that. Thank you Mr. Mayor and thank you Mr. Maples for the service to the Community. Mayor Honea: I wanted to comment too, Doug, we wish you the very best in your new home and we thank you. I realize, we were in a pretty sad state when you came here and I've had many many comments on the professionalism of your department and I think you've done an excellent job and wish you very well. Is there any other calls to the public? Jocelyn Entz: Jane Johnson and I were the co-chair persons for this years 20th Anniversary Parade. It was our first experience with an event of this type and although we stumbled now and then, probably more of a stumbling than anything else. We were fortunate enough to have people who were experienced parade veterans as well as many volunteers from the Town and community help us. Among those supporters are the members of Retractable convertible club, for many years, this club has provided classic cars and their drivers to chauffeur Town dignitaries in Marana's Founders Day Parade. It's with a great deal of pleasure this evening that Jane and I present a Certificate of Appreciation and the parade trophy from this years 20th anniversary parade to Mr. Bill Aubie and Marilyn Aubie on behalf of the Retractable Convertible Club. 3 VIII, IX (Clapping) Mrs. Aubie: We've grown old with these parades. But we've had good training and we just hope that we have many more parades. Your parades are outstanding. Mr. Aubie: But you know we live a little ways up on Ina Road and I see by the daily paper, periodically, where the word is "expanding". Who knows, I might be in this beautiful Town one of these days. (Laughter) Ora Harn: I just wanted to know if you got your check. Mrs. Auby: You bet we did. Mr. Auby: And it passed all right, it didn't (inaudible) Mayor Honea: Thank you very much. (Clapping) Mayor Honea: Are there any other public announcements? STAFF REPORTS GENERAL ORDER OF BUSINESS A. Consent 1. Resolution No. 97-40; Request for a Special Event Liquor License - Request by Applicant, Michael Drake, on behalf of the Sunset Rotary Club for the Issuance of a Special Event Liquor License 2. Resolution No. 97-37~ Request for Liquor License Transfer - Request by Fry's Food Stores of Arizona, Inc., 7870 N. Silverbell Road, Marana, Arizona 3. Resolution No. 97-36 - Request by Marana Police Department for Renewal of Undercover Vehicle Registrations 4. Resolution No. 97-35 - Appointment of Director to the Board of the RedHawk Canyon Community Facilities District Nos. 1 and 2 5. Planning Commission Recommendation to Hire CSC/Counts for Update to the Town of Marana Zoning Code Classification and Compensation Plan - Addition of Telecommunications (Dispatcher) Supervisor and Seasonal Hourly Workers Positions 4 7. Change of Council Meeting - Change the Scheduled Council Meeting of May 21, 1997 to Monday, May 19, 1997 A motion was made by Herb Kai, seconded by Ora Harn to approve consent agenda, items 1, 2, 3, 4, 5 and 6, carried unanimously. Ora Harn: Mr. Mayor, do you need a motion on the change of the Town Meeting? Mayor Honea: I think we included it in the approval of the agenda. B. Public Hearing; Thornydale Road Annexation Consideration of an Annexation Comprising the Thornydale Road right-of-way from the North Boundary of the Canada Del Oro Wash to the South Boundary of the Carmack Wash, Approximately 9.57 Acres in a Portion of Section 5 and 6, Township 13 South, Range 13 East; Gila & Salt River Base & Meridian, Pima County, Arizona Hurvie Davis: Mr. Mayor, this is a public hearing on the annexation of Thornydale Road and Mr. Flannery heads up that effort, so I will just ask Mr. Flannery to give an overview. If there's anyone who wishes to comment after that, they can come forward. Jerry Flannery: Mr. Mayor and Council Members, this annexation encompasses about 9.57 acres of land. It strictly includes the right - of- way of Thornydale Road, from the north boundary of the CDO Wash to the south boundary of the Carmac Wash. The main purpose of this annexation is to be able to cover some maintenance issues on Thornydale Road. We have a light that the Town constructed on Horizon Hills, that actually exists outside the Town limits. From the planning and traffic purposes, it makes a lot of sense to bring that in as well as, there is a significant amount of money available and has been allocated to this right of way and road - for construction by I believe it the Pima County Association of Governments, through the Grant Program. This road, as you may know, the bridge has been expanded to add additional lanes. The road right of way and Thornydale Road, south of this bridge need to be expanded as well. This will give us an opportunity to pursue that. Mayor Honea: Is this Rainy Storr? (Someone from the Audience): It's Ramey. Mayor Honea: Okay. Just give your name and address sir, for the record. Ramey Storr, 3785 W. Raintree: Good evening, I live right on the border of Thornydale and we were curious. We were part of a coalition that did not want the 6 lanes to begin with on that road, because after further review of the traffic situations on Orange Grove and where other money needs to go. Whether it's with Pima County or PAG or where those funds are going to come from. We just wanted to see what the plan was with Marana and when you guy did annex that, are you going to go ahead and try to continue with the 6 lane that was drawn up before? 5 Mayor Honea: That is our intentions, sir. Ramey Storr: It still doesn't make any sense to me why we want to still push the road as far over into the houses that you're going to bring it. I don't know if you all have been down that road, Thomydale Road there, and the planned road would bring that road within 10 feet of my house and the roads planned at 55 Miles and Hour. If you guys are going to continue using the same drawing as before. That's a lot of speed through there. We don't, you guys do want to annex the road, we can't understand why we can't push the road over and leave the right - of- way or the section of Thornydale that we have to get in and out of that community itself. Mayor Flonea: Mr. Atler? Dave Atler: It's been a while since I've looked at the plans but the right-of-way, and it depends on where this gentleman lives - the right-of-way isn't being moved out further. There's a frontage road currently that parallels Thornydale on the east side. The plans called for a sound wall to be constructed along there with some landscaping. It would basically be along where the current rear yard walls are today, so they're not moving in any closer. It's just that the traffic lanes will be closer. Ramey Storr: That's what we get at, the traffic lanes would be there. Dave Atler: I would like to point out that the County had never dropped their efforts to widen that to 6 lanes. They just plan on doing it in 2 phases. So they would have done it in 3 years. Ramey Storr: That's not the word we got from Sharon Bronson, nor Ed Moore. That work for that District there. Their plans were to reallocate that money that they had allocated for that area, to widen the sections at both Ina Road going up to Thornydale. To look into PAG's researches and everything else, it's still a waste of money. Because it's still our money, whether it's from PAG or the County or whatever. To spend the 8.5 or $9,000,000, what it's going to take to widen that road and not pursue in the other issues, even in the Town of Marana - you know to take that money to better your roads in the area or in the RedHawk district or where ever that's going to be; it's still a waste ora lot of money. You've already got a 5 lane road: 2 each way and a center turn lane. But you want to develop this 6 lane freeway that's going to do absolutely nothing but eat up money. I think a little deeper look into the reseamh, there's a lot of research that's been done on this. For the Council, I can get it present - we can go to Sharon Bronson and approach this in a different manner. Look exactly at the road statistics, what's been done in the area. We worked on this for almost a year and then it got brought back up. So, I think this is a harder in-depth look into, Dave Atler: Mr. Mayor ifl may suggest. There's some items that, I'm sorry - what's your name again? Ramey Storr. Dave Atler: That Mr. Storr is bringing up that perhaps was a package I got from Pima County today, would better help illustrate and he would like to give me a call, I can go over the whole thing with him. If that's acceptable. Mayor Honea: Sure. Council Member Ham? Ora Harn: Mr. Mayor, isn't there money appropriated for the road, north of Ina up to Cortaro Farms Road? Mayor Honea: That's correct. The money for the part of Thomydale to be expanded from Ina/Thornydale intersection up to Cortaro Road has been appropriated for next year. So there is already money appropriated to widen the other part of the road. Ramey Storr: Thank you. Mayor Honea: Thank you sir. Is there anyone else that would like to speak on this item? Council or Staff have any questions? Council Member Harn? Ora Harn: Also Mr. Mayor, I was telling a falsehood to the gentleman back them. It was my understanding that the project from Ina to Orange Grove Road on Thomydale had been scaled down to 4 lanes. It had not? Dave After: If I may, it was scaled back on an interim basis. The County has built, that's almost finished, a bridge structure that will accommodate 6 lanes. That's why they've always been planning on - they've gotten that approved through PAG. Pima County proposed to do 6 lanes. Ora Harn: Wasn't I told that it was scaled back? Dave Atler: Only on an interim basis. Mayor Itonea: Council Member Harn, what actually happened there, the County has already built the bridge for 6 lanes. That expansion that they're doing in the wash. That 4 lanes was a temporary thing because they were talking about doing the other piece of Thornydale Road going up the hill. Basically now, they'll probably be done concurrently, they'll be done at the same time. The problem is, if we can get ours done first, it includes the intersection. The Ina, Orange Grove piece - and that's where the main problem is. The Ina/Thornydale intersection is the//2 intersection for accidents in the entire urban area. This piece that we're talking about: Orange Grove to Ina, includes the intersection. Including on the other side of the intersection coming down the hill at the light. So people coming down the hill on Thornydale will be able to fan out to 2 left turn lanes, I believe, and the things at the light which will take a lot of the pressure off the hill. Where people are backing up, behind each other on the hill. It will spread them out more at the light and allow them to turn more easily. Ora Harn: And what is the time line for the widening of the road from Ina up to Cortaro Farms Road? 7 Mayor Honea: That's in next years fiscal budget. It's already been appropriated moneys for. Ora Harm So it'll be about a year before they - Mayor Honea: Probably. I would say about the time our project is finished, the other project will start. You don't want to do both projects at the same time, because then you have road torn up on both sides of Ina and you can't get to it from either; or you will have more difficulties coming either way. So it's really better to do one and then do the other. Ours includes the intersection, which is the real danger piece right now. Ora Ham: Thank you. It's terrible that I don't listen well. Mayor Honea: Any other comments? If not, we're out of public hearing. I don't believe we need to take any action on this issue, because the Council had taken action previously, I believe to go ahead and do this project as soon as we can get the funding. Is that correct? Hurvie Davis: That is correct, Mr. Mayor. This is a public hearing and based on the input received, over Councils concerns and so forth, whether or not you wanted to modify or if Council wanted to modify any direction that we're headed at the present time. We'll proceed as directed previously. C. Public Hearing; Trico/Marana Road Annexation - Consideration of an Annexation of Approximately 2,000 Acres Beginning at the Marana Interchange of Interstate 10 and Sandario Road, West Along Trico-Marana Road, North Along Wentz Road, West Along Hardin Road and Kirby Hughes Road, North Along Luckett Road, East to Interstate 10 and Southeast Along Interstate 10 to the Point of Beginning; in Portions of Sections 7, 8, 16, 17, 18, 20 and 21, Township 11 South, Range 11 East; and Sections 1, 12 and 13, Township 11 South, Range 10 East, Gila & Salt River Base & Meridian, Pima County, Arizona Hurvie Davis: Mr. Mayor, members of the Council. Again this is an annexation that scheduled for public hearing and 1'11 turn it over to Mr. Flannery. Jerry Flannery: Mr. Mayor, Members of the Council - this area is 2,000 acres in size. It consists of basically the northwest corner of the Town that's existing as County jurisdiction in Pima County. Basically the boundaries am Trico/Marana Road on the south, the Interstate 10 on the east, Luckett Road on the west and Hardin and Kirby Hughes basically as part of that boundary as well. Since the public hearing notification, we have received several letters and you have copies of those letters. Requesting that they not be, those property owners not be annexed. We've received from Anderson Clayton, as well as Stain Gladden, as well as Mamie KaL All of these individuals wish to not be annexed at this time. Basically for masons of being remaining agriculture in use. lfthe Council so chooses, what staff may do from this point is scale it down to the Interstate 10 right-of-way. The main purpose initially to annex this ama was for the Interstate right-of-way, to bring it into the Town jurisdiction, so certain DPS tickets could be cited to the Town's Court. If the Council so wishes to hear the public discussion tonight, and then afterwards, if they wish to direct staff to re-draw this to include the Interstate right-of-way, we can do that as well. Hurvie Davis: Mr. Mayor, I might add to what Mr. Flannery said - as he indicated, the original purpose was to annex the Interstate and as you know we have 2 other annexations pending further south. One in the Rillito area, basically the Interstate for a couple or three miles it looks like. Then further south at Cortaro, down to about Ina to get that section into the Town as well. The problem, and as Mr. Flannery says, DPS will not cite to Marana Court due to the fact that you're in Marana, you're out of Marana, you're in Marana and you're out of Marana on the Interstate. It's too confusing to them, so Judge Dillow has been meeting with Judge Brown in Superior Court and DPS regarding this issue. DPS has stated that if we get the majority of the Interstate in the Town boundaries, that they would begin to cite into the Marana Court. Which they prefer because of the access to come to Court and so forth. So that is our purpose. When we initiated this annexation we thought that perhaps there was interest in annexing the 2,000 acres or so into the Town. With the comments that we've received for this public hearing, if the Council desires - we can scale it back to take in just the Interstate right-of-way. Mayor Honea: 1 wanted to make another comment on that issue as well. For those of you that don't know, and I think I've talked to some of you about it. Mr. Davis and I have been talking to the Chancellor of Pima College. Pima College has shown some interest in building a college campus in the Town. We're looking at this area, this would be a tremendous benefit to our community. It would provide educational services to people, it would he in close proximity to the valley. If we're going to cut the annexation back, I would think that we should at least approach the University of Arizona on their properties. I believe the University has a lease or owns the Anderson Clayton property as well. And Anderson Clayton has a lease from them on that gin over there. A 50 year lease or something like that, is that correct? Herb KaL Mr. Mayor I believe where the Anderson Clayton office, to the west belongs to the University. The Anderson Clayton to the east and the cotton gin belongs to Anderson Clayton, as I understand. Mayor Honea: Anyway, the two points 1 wanted to make, is if we're able to annex this piece of roadway, along with the other one - tagers to Rillito it could be worth several hundred thousands of dollars a year to the Town of Marana. This is a very, very important annexation for the 1-10 corridor for sure. I think we should look very seriously at the University property and the Anderson Clayton property because we're going to be meeting again in June with the Chancellor and they're starting to look very seriously at this property. It would certainly be a real plus for the Town of Marana to get a Community College Campus in our area. Hopefully you can keep those 2 items in mind when you make the modifications. 9 Jerry Flannery: Mr. Mayor Members of the Council, may l address that real quick? There's always a possibility and as this Council knows, one property owner as part of an annexation is probably one of the most simple things to do. So, with the interstate and the Railroad and the utilities that may be located within the Interstate, we could draw the boundary to include the University's property. Bridging that gap with property owners between that may or may not want to come in. We could potentially just add to the Town Limits, and this, we wouldn't run the risk of creating an island. We could do this very quickly and still pursue the Interstate and not possibly risk some other property owners maybe not wanting to come in. We can pursue that in both avenues from that point on. We can re-draw that. That is just a suggestion, if the Council wishes, we can do that. Herb Kai: Just a quick question Mr. Flannery. Your suggestion of bringing in the boundaries to the west side of the freeway - how far west would you suggest coming? To the frontage road area? If you come in any farther north than that, we might be infringing on Cortaro's Marana's irrigation canals. Jerry Flannery: Basically, Mr. Mayor, Council Member Kal, what we have done in all of the areas that we've annexed. The freeway, we've taken in the entire right-of-way. Whatever falls within that. In some cases, south there are small private parcels that are located in there that we have to perform notifications as well acquire their signatures. In this area, on I-10, there are utilities but we would only take in the interstate right-of-way and close up any portions that might be remaining outside. Anywhere there might be private property held, it's in this area; right up in the section 8 in the very north end of that whole annexation. Herb Kai: Thank you. Mayor Honea: Mr. Davis? Hurvie Davis: Mr. Mayor, relative to your comments earlier. I have had discussions with the University of Arizona officials about annexing their property which they've indicated they would be in support of. If it's the Council's desire, we will scale back with the Interstate this evening and perhaps look at the University of Arizona property. If it does not create an island, which Mr. Flannery was referring to, perhaps we could include the University land. If it creates an island, we cannot legally create an island of unincorporated area of the County. I believe it goes next to the Interstate right-of-way but I could be wrong. But as Mr. Flannery indicated earlier, it may be we can come in from the other direction part of Town that's already annexed and get it from that direction. Mayor Honea: Or possibly we can scale the annexation back to the south east a little more and maybe eliminate a couple property owners. Mrs. Kal possibly and try to work with the University and Anderson Clayton and work with part of the triangle there. Any Council Members have any comments? Anyone wish to speak on this item? Hurvie Davis: Mr. Schisler. 10 Bill Sehisler: Mr. Mayor, Members of the Council, this is what David Morales calls the "Iron Triangle". We've been looking at that area, I mean we had looked at that area a long time ago and bumped up against the wall with both the farm and Anderson Clayton. I've spent a lot of time myself in talking with the Gin people there. I do think you're on the right track - that is going to be one valuable territory for the Town. No matter what's on there. It'll be commercial or business because of the transportation availability. I don't know why that wasn't in the original incorporation, we didn't know then, way back that this is going to come up. But I think you ought to go for what you can get without causing legal problems with the islands. While you're on this annexation, every bit that you can get now, leads to the possibility later on when people change ownership's and that sort of thing. I would suggest that you would try for all you can get. Thank you. John Kai, P.O. Box 428, Marana: Honorable Mayor and Members of the Council, my name is John Kai, I had a call this afternoon again by Mr. Pat Lin, who has property which is north of the University Farms and he opposed the annexation and he's going to have a letter that will be coming in. In reference to the Junior College, there's some other sights that am also available on Tangerine Road. They've been looking at some of the sights, there's some state land sights on Tangerine Road. Which Tangerine Road is a major link between the Oracle area coming down so I think we need to keep that in mind. I think we need to talk to the University more, in reference to the annexation because some of the things that they're using is some of the pesticide and the reseamh work they're doing - may become a problem with different ordinance within the Town of Marana. So we really need to take a look at that. Thank You. Mayor Honea: Does anyone else wish to comment? Please come. Peter Else, Director of the Tucson Agricultural Centers: I have heard it brought up that somebody had contacted the University and I was just wondering who had been contacted at the University at this point. Hurvie Davis: Mr. Mayor, Members of the Council, I have had some discussion with Mr. Joe Valdez. Peter Else: Thank you. Our concern mainly had to do with ordinances that may affect our ability to operate as a research farm. ! wanted to get feedback from the Council on if they felt also that annexation would present problems with our ability to carry out our research functions on the farm. Mayor Honea: There are thousands of acres of farmland inside the incorporated Town of Marana that function quite well. I don't think you use any pesticides that are more potent than what was used on other crops. Peter Else: No. Herb Kai: Mr. Mayor, I think what he's referring to is that the University does have a number of special products or new products, before they're released to the farming · ' ,' :MINUTE public. They are extensively tested and I think they really don't want to many interference's in that area. They could do that. Hurvie Davis: Mr. Mayor, certainly we cannot answer those questions at this time, we could sit down with the gentleman and go over the ordinances and so forth that we have that would affect the University property. It would be my hope though, whether that area is in Town or not in Town, that they are not using anything that would jeopardize the quality of our water in the agriculture below the Town. Because it doesn't stop at the artificial boundary. Not know what they use, I suspect they are on the safe side of using things that don't go down the Peter Else: Actually I'm not aware of too much activity in that area at all, we're mostly doing tidal tests and insect control through IPM methods at this point. I appreciate the opportunity to speak. It caught us a little flat footed because the people at the college apparently were not aware of that site being looked at as a potential site for Pima Community College. I'll pass that information on to the people at the College of Agriculture. Mayor Honea: Thank you sir. Council Member Ham? Ora Harn: Mr. Mayor do we have any other speakers, or are we out of- Mayor Itonea: Is there anyone else who wishes to speak on this item? I don't believe SO. Ora Harn: Mr. Mayor, I feel that on this item, I'd rather we didn't take any action tonight. That we put it back before our Annexation Committee and do some more talking about it and bring it hack to the Council when we have some firm decisions as where we're going, look at this and have researched some of the items that have been brought before us. Tom Clark: Mr. Mayor, if Pete wouldn't mind coming back up. I've got a question, are there any, there's a lot of small research facilities around the state, aren't there Pete? That are annexed within a community, or they're not? Not talking about the Big Mac Farm, hut other than that. You know in Safford and those places. Peter Else: I'm not sure what Safford's status is to tell you the truth. 1 operate one that lies within the City of Tucson and the campus agricultural center and the west campus agricultural center lies within the County. We've been able to function, but we've had to move quite a bit of our large scale research out here to the Marana Agricultural Center, just in difference to the urban development that's come up around both centers. Obviously we can't get into using high voice sprayers in areas where we have apartments adjacent to, But I'm not sure what Safford's status is, 1 know that Maricopa is definitely out in the sticks. So there's no problems out there, as far as regulations on farming. This is our main concern, annexation. Of course we had no concerns on taxation because we're tax exempt, but we want to make sure that if at all possible we can maintain our research activities. 12 Tom Clark: I don't know, I mean I farm right next door here - 500 acres right here. Every acre I farm is in the City Limits. I do variety trials for stone blow and for chemical companies and I've never been approached by the Town. I mean, I just go about my normal farming activities and never been approached by the Town in reference to what we were doing or anything like that. Peter Else: That was Glen Barney's feelings too. It's reassuring. Tom Clark: I thank you sir. Mayor Honea: If there's no further comment, then I guess we'll move on, on this issue. D. Summer Middle School Program - Request for the Town of Marana to Fund Fifteen (15) Marana Junior High Students at a Cost of $14,000 Hurvie Davis: Mr. Mayor, Members of the Council, this is a request that came before you, for a provision of $14,000 to the Marana Junior High students. Mr. Don Hawkins appeared before you on the April 15 Council meeting regarding this request. We were asked to put it back on the agenda. We've provided you with a report this evening on this and I believe Mr. Hawkins is here this evening, if he would like to address the Council. Don Hawkins, 11619 W. Grier Road, Marana: I'm here basically to answer any questions that you may have. I provided you last time, all the information that I had. If you have any questions at all, I'd be glad to answer. Mayor Honea: Does anybody have any questions? Tom Clark: I was going to ask if Roy was here, if he had any comments on it? As far as our budget. Roy Caaron: Mr. Mayor, Council Member Clark, if Council approved this project, we would have to pull it from Contingency as them are no funds that am programmed for this specific project. Tom Clark: What do we have in contingency? Roy Cuaron: There's in the neighborhood of $400,000 remaining. Mayor Honea: Any comments? Ora Harn: Mr. Mayor, I'd like to have Mr. Hawkins to tell us a little bit more about the program, whether this would be, Marana children, or what will the program entail? Don Hawkins: Yes. Well there's just, Ora Harn: And I'm having hearing problems, you know we're getting older. 13 Don Hawkins: I know that very well. This is a long range program through the Private lndustry Council, we planned this program about 6 years ago and this is just one step of it. We're planning on moving down into the 9 year olds, but that's several years down the road. This would be the second summer for the middle school program. I think it pretty well explained what it is in this brochure that I handed out at Ora Harn: Well this, it showed, will there be work programs Don, where the children will work? Am they paid for the work? Don Hawkins: No, they won't be actually doing work, they'll be computer skills training, science experiments, success workshops, math strategies, conflict resolution, drug awareness - you can't pay a student, a young person under 14. You can usually do that through the JTPA program, but it just goes to 14. This program will be funded by the different communities. It's the second year of the program. Last year they had a half a day program and they want to double that this year, Marana Jr. High School. They had several other schools around the County, this year they're going to have to cut back and there's 8 sites in the County that won't be doing it this year, from last year. Because of the money crunch. We won't have as many JTPA students this year also because we're getting about the same amount of money with the minimum wage law. These students will get a $200.00 sty pin and that's all they can do at the end of the summer, successful completion. Ora Ham: How would these students be selected? Don Hawkins: Through the school, will do that and they also select the program that their going to fund. One of the elementary teachers will be in charge of the program as in Ora Itarn: What would the criteria be for selection? Don Hawkins: Most in need and of course, the parents wants it. It's not going to be just a baby-sitting thing. It's going to be on a preference basis. The teachers of Marana Jr. High School will be doing the recommendations. Tom Clark: Don, you don't have any problem filling the 15 students? Don Hawkins: Oh no, there'll be probably 150 applicants. Tom Clark: Really? Don Hawkins: Yeah. During the regular summer youth program we hired, JTPA last year we had about 5,000 applicants and we could only put 480 on. Ora Ham: Don, then why would it be limited only 15 youngsters, if it's classroom kind of- Don Hawkins: Money, that's why I'm here. 14 !iow. r eo cm! Ora Harn: It'll be individual, one to one instruction kind Don Hawkins: There'll be one teacher and one teachers aid. OraHarn: Tothe 15 students. Don Hawkins: 15 students. There'll be 15 in one and if you approve this money, there'll be 15 in the afternoon also. Ora Harn: Well, I guess my question is, they limit to that because they feel that's all they can work with, and - Don Hawkins: We think, this being the second year, we don't know if we can come up with enough money to - see last year, it was funded through the County. This year, we're hoping to get this money so it'll be kind of a joint effort between the Town of Marana and the County. Through the Private Industry Council. Mayor Honea: Council Member Millner? Sherry Millner: Well, I think 14,000 is a lot of money, when you. How much of that 11,000 goes to the teachers salary? Don Hawkins: The teacher will be paid $12 an hour, and the teachers aid will be paid $7.00 an hour, for 40 hours a week. Then there will be supplies, materials, transportation, field trips, that's what it cost last year. There's no cost for the school facilities, but the supplies materials are pretty high. Sherry Millner: Will these students be from the Town of Marana, itselP. Don Hawkins: Oh yes. I'm trying hard to get the - fund the program at Tortolita Jr. High School too, but if it means cutting down in other areas, we might not be able to get that done this year. Mayor Honea: Does the school provide any funding, or is it just in kind with buildings? Things like that. Don Hawkins: Just in kind. That and provide the bus and bus driver. Tom Clark: Don, does that Ms. Maguordi, does she take special training in order to run this type of summer program? Don Hawkins: They did last year, and she's going to be the same one that did it last year. It was just an exploratory thing last year. They learned some things and they're going to make a few changes. Basically they teach the kids to be a responsible baby- sitter, I think they do that. Things that kids usually don't get a whole lot of instruction. Tom Clark: How successful do you think it was? Don Hawkins: Well, it was 100% completion last year. We think it was a great Success. Tom Clark: As far as what? Don Hawkins: County wide, it was a great success. Tom Clark: The welding of the kids, the students and their self awareness, that type of thing? Don Hawkins: Yes. And they also, in some areas, they painted some murals, and that's a possibility this summer. You know, that big wall out in front of the Jr. High School, that's always been ugly. A lot of graffiti on it. That's one of the things that's been proposed, that they paint a big mural on that. I know that's one of the things the School Board wants to do. Ora Ham: Don, are there going to be work programs for Marana students this year? Don Hawkins: Yes. We'll have about 50 students from the Marana School District. Which, most of them will be out here. Ora Harn: For the JTPA? Don Hawkins: Yes Ma'am. Ora Harn: About how many students will they - Don Hawkins: Well we had about 46 last year. Mary's told me that she's going to try and keep that number between 45 and 50. Although the minimum wage went up, so we're going to have about the same amount of money, but we're not going to be able to serve as many kids, County wide because of the increase in minimum wage. Ora Harn: No one has approached, you know the Health Center or any, you know about, students and I thought Don Hawkins: They just hired the summer counselor and they're in the process of doing that now. The program, County wide begins June 2. It'll be the same ones, Wayne Jones and Bill Loody. Mayor Honea: To me, you know, I, I'm looking at it, for the number of people it affects, versus cost and when I look at our Parks and Rec. programs that we have for young people and stuff for the summer. Our people don't make anywhere near $12 an hour. It basically, all of the money for the program is going to the instructors, there's a little small sty pen at the completion of the program for the young people. To me I think if we're looking at cost, versus quantity of the persons affected, it seems a little high to me. $1,000 per person, basically for a young people to - Don Hawkins: We're trying to use the same standard in this Jr. High Program that they have with JTPA, which is 15 to 1. We have to have a counselor for every 15 students. Mayor Honea: What was the length of the program? Don Hawkins: Six weeks. Tom Clark: Don, would they all be bussed on one bus or their parents have to bring them, or they, however they - Don Hawkins: We figured that most of the students were within walking distance, but where ever there's a need for transportation, they will pick them up. Tom Clark: Well, if a lot of them are within walking distance, they'd definitely be in the Town of Marana. Would it be possible for Mrs. Maguardi come to another meeting and talk to us? If she thought that last years program was really successful, and the kids got a lot out of it, I'd like to - Don Hawkins: I tried to get a hold of Mrs. Maguardi twice this week, but I haven't been able to. I called her about an hour before I came down here. She's a teacher out at Picture Rocks Intermediate School. And her mother, Carol Maguardi works at the Financial Center. Tom Clark: I myself, I always think that when you spend money on kids, especially kids that are still in school, and trying, especially in transition from Jr. High to High School. It might not be a bad way to the Town to spend money. I don't know if we've ever done anything like this before. But, if we have (inaudible) in contingency - Don Hawkins: I don't believe the Town has. We're trying to get you involved a little bit at a time. Mayor Honea: I don't want to be the devils advocate hem, and I do support young people's programs as well. But once we get in, we're probably in. Do you understand what I'm saying? Laughter. Mayor Honea: You're in for 15 and you're in for the long haul you know. Tom Clark: It'd be nice if we did do something like this, that we could see the results of it, have some of the students come in and speak to us. Don Hawkins: Well, you will. This brochure, and every year we put out a report, and this is all through the Pima County Communities service report. Ora Harn: We have those. 17 Don Hawkins: But this is not included in here, because this is the year before. We're always about a year behind on the reports. Of course, next year - Sherry Millner: Mr. Mayor, I keep looking at the amounts -- $14,000 for only 15 students. If it was $14,000 for 50 students, (inaudible words) to me that seems like an awful lot of money for a small handful of children. Don Hawkins: Well, what you also have to understand - there is an illustrated cost to the agency that comes through with the Tucson Youth Development. Their a contractor for all the youth activities funding. This money would actually go through the Private Industry Council, and then it funnels down to the CDO (inaudible words). Just as the JTPA. Mayor Honea: I see both hands, Council Member Millner. Sherry Millner: Did we have anything like this through our own recreation center, for children? Mayor Honea: We have a summer youth programs. Basically I think most of the young people in the program go up to about the limit to where this program starts, which is the 147 Don Hawkins: The 14th. Mayor Itonea: When I looked at the cost ratio, I said, we pay our people $7 an hour, and take care of a larger group of young people and we provide programs for them during the summer as well. Sherry Miilner: Basically the same type of programming. Mayor Honea: Did you have any mom questions? Ora Ham: Mr. Mayor, I would be glad to make a visit to the teacher and get more in depth information about the program, if you would like me to. And bring it back to the Council on a future agenda, if you'd like me to do that. Mayor Honea: When do you need to know - Don Hawkins: The program is scheduled to start June 2, and all the applicants have to be in before school's out, which is just 2 weeks away. Mayor Honea: It pretty much puts us on a, you know, if we were going to fund the - if you'd like to speak, sir, please come forward. I need your name and address, if you'd like. Daniel Alonzo, Tucson: You know, I've been hearing this and I'm kind of like and outsider. But you're talking about talking with a teacher - and since this program has been in affect for about a year, you might want to talk to the actual students that went through the program last year. Get their feel and see how they feel about the program. Just a suggestion. Thank you very much. Mayor Honea: You know, by the time we have our next meeting, the 21, I would hate for them to pick 15 children and us not fund it. You know, 1 think, if we're not going to fund, if we're not going to do this, tell Mr. Hawkins now, I appreciate what you're saying, but I think the time, by the time you were able to get back to us and for us to get back together for another meeting and make a decision on these money's since it's not a budgeted item - I don't think we'd be able to do it in a timely manner. Don Hawkins: I apologize for the lateness of it, but I'm usually on top of these things. The last couple of years, I've been a little bit incapacitated and in that time I found out that rural commitment from JTPA and County has diminished and I'm on the road now to where I'm fighting to get that back up to the level it should be. Hurvie Davis: Mr. Mayor, I'd just like to comment that there are many worth while programs out there that the Town is not involved in, at present time. I know as we continue to grow, we will be inundated at times with requests for things like this. Perhaps the appropriate way to do it, is to request Art to come in at the beginning of our Fiscal Year so we can budget for those kinds of things. You can determine your priorities at the beginning of the year, rather than waiting for each one to come before you at a particular time during the year. That's the way I've seen it done in other places. There are many good programs and how do you determine which ones you're going to fund in the middle of the year just because somebody came up and beat somebody else to the punch to ask you for money and so forth. The County has about a $600,000,000 budget and I believe you said they were providing about $14,0007 Don Hawkins: For this particular project, the City of Tucson and the County provides 2.9 million for the summer youth programs. Tom Clark: For this one in particular? For Marana, how much is the County going to Don Hawkins: They're going to fund the one program like it was last summer. But the request has been through the Jr. High School, to double the program because they have had that much interest in the program. Tom Clark: So the County's already approved $14,000 for this and then you're just asking from us for the afternoon program? Don Hawkins: That's correct. Ora Harn: Mr. Mayor, I'm kind of like Hurvie, you know, I think what we need to do is ask the school to kind of give us, ahead of time, so we can put into our budget the items that they'd like to bring before the Council. Then we can make a decision. These are the things that we'll fund and put them in our budget, as to come to a last minute and try to decide, are we going to take it out of our contingency fund or what? Don Hawkins: Mr. Mayor, I apologize for the lateness of this, because it's probably, might have been part of my responsibility to do this. But as you know, I was just kind of out of it for a while. It should have been much earlier, I agree. Ora Harn: And then we can look into these programs. Then I have an opportunity to go to the school, look at the program and all of us can say: well these are the programs we'd like to support, you know. And we'll put these in the budget and maybe we can't support the others, so I, I guess I'm like all of us. All of us are just hedging around the, hate to turn down anything that is going to help our kids. But to still, we don't enough about this program, maybe to fund it at this time. Herb Kal: Mr. Mayor, would it be possible to have a Special Council Meeting to allow Councilman Ham to look into the program and give us a recommendation or something like that. Or, all of the Council at a later date to, okay the funding? Mayor Honea: I really don't care, I just - kind of a unique situation. We fund a lot of joint projects, the Swim Project all summer, we fund half of that jointly with the County. And we fund the after school program and a lot of those children do not live in the Town of Marana. In fact a large majority of them don't live in the Town. Ora Harn: And the summer camp program. Mayor Honea: We have a lot of programs that we put into youth. Ora Harn: I just don't feel at this time that we know enough about this program and I know Don, his hearts with the kids and he's hard to turn down. But, ! think at this time that it's, we just don't know enough about the program. Mayor Honea: Do we have a motion? Ora Harn: You want a motion, not to - we just don't have enough information. Mayor Honea: Well, if we get Mr. Hawkins some kind of, you know, at least next year they'll know to come in and apply in April or May to try and get funded in our fiscal budget. You know maybe we would include this program in part of our youth budget. Ora Harn: I think that's a good idea. To come to us, decide now what you, maybe like to do next year and maybe this is a program you want to follow through next year and let us decide and put it in the budget and so we can budget for it, for the next year. Hurvie Davis: Mr. Mayor, we are currently planning to come to you on June 3, with the tentative proposed budget for the next fiscal year. We don't have this program, or any other programs, programmed in that at the particular time, but if you desire and you wish to instruct us at this time to include it into next years program for discussion purposes when we come to you on June 3, for the next fiscal year. We can do so, it means that, we've got a balanced budget right now, Mr. Cuaron has and we'd have throw that in and take something out. But we can bring it to you on a proposed budget for next 20 fiscal year, that doesn't do anything for this fiscal year. Whether you want to consider it next year. (inaudible discussion by Council) Mayor Honea: Council Member Clark, do you have anything else? Tom Clark: Oh I was talking to Councilman Ora Harn, maybe we can both go see the teacher within the week or something, if she can make herself available to us, and if we felt that it was something worth while. If she's really impressed us with what the kids accomplished last year and everything, we can come back and hold a Special Meeting. Mayor Honea: I'm going to, I'm against funding this program and I'm going to tell you why. It has nothing to do with the program. We have had Little League come to us and ask for money. We've had youth soccer come to us and ask for money. For funds, for projects, for youth, outside of the perimeters of the Town Government. We've turned them down. We haven't actually given them money for programs and these are youth programs as well. We've allowed them to use the park facilities, and things of that nature. We've even required the little league to provide the material and the labor to build a baseball field before we would allow them to use the park. We didn't even build those fields. I just wonder, if we're going to provide services for youth programs, we will probably need to program it and then pick 2 or 3 programs that we're going to fund. We've turned people away before for the same thing. We've turned the little league people and the soccer people away, because it was not in our budget. We fund a lot of youth programs and I really think we might, and it's not so much the money, it's kind of where we're going. You know, are we going to do this? And if we're going to do this, then let's go ahead and put some in the budget or whatever. But we've had, we've had them and I'm sure you all remember. The little league and the soccer and different people that come and ask us to help fund these programs in the community and we haven't. We've allowed access to facilities but we haven't actually funded programs. I don't know. Let's have a motion one way or another and whatever, if you want to make a motion to what you, you were talking about, please do. Herb Kai: I don't have any problem in coming for another Council meeting. I think, could also be you get a good program, we need to look into it a little more. I agree, things should be done on time, where we can put it in the budget, but if Councilman Clark and Councilman Ham might be willing to re-adjust their schedule, I'm willing to re-adjust mine. Ora Harn: I'll do it in my spare time, Herb. Mayor Harn: So what are we, Sherry Millner: If they're going to talk to the teacher, I'd like to know what the money is spent for. Because I still have a problem with only 15 students for that amount of money. 21 Mayor Honea: Somebody make a motion. Make a motion to what you want to do and let's get on with, Ora Harn: Do we have to take action on that. Do you want us to make a motion on that, or, or can we just not take any action at this time. And I'll do that and can get back with you and you can call a Special Meeting, if we need to? Or do we have to take - Mr. Attorney? Dan Hochuli: You can do any of the options you've discussed. (Laughter) Mayor Honea: We will table this item. Council Members Clark and Harn will discuss it with Mr. Hawkins and the school system and try to get back with us within the next couple of days - in a timely manner to see if we want to pursue that further. Ora Harn: Thank you Mr. Mayor. E. Discussion and Direction - Participation in Bring Our Children to Work Day, Beginning April 1998 Hurvie Davis: Mr. Mayor, Members of the Council - this item was discussed among the staff, probably about a year ago and we wanted to, there was some interest in doing it this year in April. However, it go to us late, and l thought it was something that, there should be a policy decided on by the Mayor and Council - the National Take Our Daughters To Work Day. That is held on the 4th Thursday of April of each year. The way we do things, in my opinion, in the 90's we do things regardless of gender, l've been in this business 40 years, I have 3 sons, I've never taken one of my sons to work. Sue me. I don't think I would have taken a daughter to work either, but I didn't think there was anything to allow it or to prohibit it. I personally feel that if we're going to have something to do with kids to work day and so forth - we ought to do it to all the kids, regardless of gender. What we have before you this evening is a participation to Bring Our Children to Work Day, beginning in April of 1998. We sort of laid out some perimeters here in which and how the program would operate and so forth. But because of the potential involvement of the majority of the employees, staff does request direction from the Council on this item. Whether or not you think it's a good idea. Mayor Honea: Council Member Harn A motion was made by Ora Harn, that the Town participate in the Bring Our Children To Work Day, beginning April, 1998. Seconded by Tom Clark. Mayor Honea: Any comments? I have a comment, Council Member Millner? Sherry Millner: Yes. Out of personal experience, I wouldn't want my daughter at work, ifI had a young child. This building is not very big. Where would you put them7 22 Mayor Honea: Well we're also talking about police officers, dump truck drivers and heavy equipment operators and, it would be so limited, I believe in the safety - you can't take children with you if you're a police officer and you can't take children with you if you're driving heavy equipment, or if you're working on a roadway. I wouldn't want children in the middle of the roadway. Sherry Millner: Who would be supervising these children? Mayor Honea: If we limit the scope to office personnel only, I wouldn't have a problem with it. I have a real problem with young people being in a police car or on the street. Council Member Ham? Ora Ham: I would be willing to add to my motion that appropriate guidelines be set up for the safety and well being of the children and the equipment of the Town. Sherry Millner: Can I finish now? You kind of finished it for me, 1 wasn't done. l'd like to know, who would be watching these children? The parents as they work? Or? Hurvie Davis: 1'11 ask Ms Johnson if she can elaborate on that and also, Mr. Maples had some interest in it. I believe they prepared the work for this evenings meeting. Jane Johnson: Thank you Mr. Mayor. Members of the Council. The guidelines you have before yon are basically those in use by the City of Tucson. I thought there was one in here, and if it's not here, this is not the final policy. But, there is a specific provision for the restriction of children from safety sensitive facilities and equipment and all of that sort of thing, including police and your dump trucks and all. Doug, you've been involved in this before, why don't you tell them a little bit more? Doug Maples: Mr. Mayor and Council, when I worked at the Pima County, I participated in this program at the County. They had structured events for the children, where the children were restricted by age, I believe the age was 13 years old and older. The children were shown different areas by different department heads as to what they did. Explained it, gave tours and then they spent approximately 2 hours with their parents at their work place, observing what the parents did and then had other activities throughout the course of the day. 1 think the Board of Supervisors, one of them spoke to them. Mr. Huckleberry spoke to them. Those kind of individuals - basically just encouraging them to pursue their endeavors, giving them some experience in the work field that their parents were pursuing. That's about it, any questions? Sherry Millner: That's a lot clearer, thank you. Ora Harn: Mr. Mayor, ! promise not to bring Dillon. I think it's a wonderful opportunity for youngsters to come and see where their parents work. Understand some of the things that they do at work. I think it would be great if we did something like this in the mornings and maybe have a little picnic in the park. 1 think it could turn into to a very wonderful experience for the employees and the children. A good event for the Town all around. I already made my motion, 23 Mayor Honea: We have a motion and a second to approve this item. The motion carried unanimously to approve this item. F. Tangerine Road - Tangerine Road Memorandum of Understanding and Arizona Department of Transportation Corridor Study Update Hurvie Davis: Mr. Mayor, Members of the Council, we have been asked to participate in the memorandum of understanding for the Tangerine Road corridor study. As you know, there was a study done on Tangerine Road back in August of 1988 on behalf of the State Department of Transportation. It, really need to update that study, we've gone through the PAG process where they allocated, 1 believe, $150,000 for the updated study. Through the use of the Regional 15% funds. The study would address phase implementation of interim and ultimate roadway improvements. Looking at the roadway widths, I believe originally the '88 study looked at about 400 foot right-of-way, through Tangerine Road. Perhaps now we're looking at downscaling it, but it should be a result of the study. Whether it's going to be ultimately a 4 lane or 6 lane facility, however, in entering into this memorandum of understanding. It says, ADOT's funding participation may be limited to determination from an estimated cost savings associated with suitable turnbacks of other state owned roadways through the Towns of Oro Valley, Marana, Pima County and the City of Tucson. Examples of such turnbacks will be portions of Oracle Highway, which may relate to Oro Valley, Pima County or maybe some parts of the City of Tucson and various 1-10 frontage road which will obviously impact Marana. Prior to signing this, this memorandum of understanding will be signed by the Managers of the various jurisdictions, but, prior to signing this memo of understanding, I at least wanted to bring this to the Council for their information and see if they had any difficulty with this. Mr. Atler has been working with PAG and the State Department of Transportation on this effort I believe and I would ask him if he has anything further? Dave Atler: Thank you Mr. Davis. Mr. Mayor, Members of the Council - having gone through the demo, there are some issues that the Council would like to consider, I think. Primarily on the classification of a limited access freeway, the original intent back in the '88 study was to ultimately go to perhaps 8 lanes on Tangerine Road. They're looking at scaling it back now to maybe 4, the most 6 lanes. However, ADOT will not, in their words, and I spoke to the Assistant District Engineer today. They will not participate if it's not a limited access freeway. Meaning, access every mile. That is problematic for property owners who live adjacent Tangerine Road - they can't access the road. Basically what they don't want is, as Mr. Davis mentioned earlier. They're looking at turnbacks through the various jurisdictions for Oracle Road. They don't like having urbanized arteials that have all the access points. They do freeways and that's what their more comfortable with. So that is something that ! think needs a little more discussion with them. I've been talking about this for over a year now. Hurvie Davis: Mr. Mayor, I would add further that this is a memorandum of understanding, it's not locked in concrete. Perhaps, prior to official commitment on behalf of the Town Council - there would have to be an Intergovernmental Agreement between the jurisdiction. This is kind of a memorandum of understanding to allow us 24 to please proceed with the study. Somewhere on the basis of what we have identified in the MOU. One of the things I would mention, is Arizona Department of Transportation, Oro Valley, Town of Marana, Pima County agree to take all necessary steps and allowable, including development setbacks access restrictions and right-of-way dedications so as to ensure the zoning and development along the roadway will adhere to and facilitate the roadways future construction as a high speed of 55 miles an hour. To limited access facility. This is a point of information, I believe we just awarded, are in the process of awarding a contract for the first phase of Tangerine Road, to upgrade it to, a permanent 2 lane construction from 1-10 to about the Breakers, 1 believe. Which we would be an iuterim facility all the way through to Oracle Road. You might recall a few years ago, the roadway was improved, Tangerine Road was improved on Oracle Road through Oro Valley I believe it was to about 1 st Avenue on the east end. We're ready to do a project on the west end of it, but then we have all that dipping section in between that needs to be developed. I don't know if Mr. Hochuli has had a chance to view this and to what, his understanding of commitments from a signing a memorandum of understanding is, certainly not like an Intergovernmental Agreement, where there's been an official action on the part of the Council. This would be signed by the Managers as I indicated before. I'm not, perhaps there could be a way where we could back out, we wouldn't be committing yourself at this time, or the Town wouldn't, I'd be acting only as Administrative capacity at this time. Dave After: If I may add, the one primary benefit to the MOU and the study, is to provide for a uniform approach to construction within the right-of-way and adjacent to the right-of-way between Oracle Road and the Freeway. That is for location of utilities, how the road ties in at certain points so we don't have 3 different jurisdictions approaching it from 3 different directions. So there is a very large benefit in doing this study. Mayor Honea: Does anybody have any problems with just allowing Mr. Davis and Mr. Atler to continue as they have been. Acting as our agents? There's really no harden contracts here. Is our general understanding. Hurvie Davis: Mr. Mayor, I suspect that if we did not sign this MOU, and all the other jurisdictions did, we probably wouldn't be able to continue with the corridor study update, which needs to be done prior to determining what we're going to do on the entire corridor. Mayor Honea: I think we'll take a short break, for 5 minutes. Out of Session at 8:31 P.M. Back in Session at 8:43 P.M. Mayor Honea: We are back in session at about 13 minutes till nine. We'll go to item G. 25 G. Resolution No. 97-34 - to Approve a Proposal from Clean Water Products to Town of Marana, Town of Oro Valley and Metro Water to Jointly Participate in a CAP Slowsand/Nanofiltration Pilot Project Hurvie Davis: Mr. Mayor, Members of the Council, this is a proposal for the Town to participate in a research project with the Town of Oro Valley and Metro Water to look at a Slowsand/Nanofiltration Pilot Project. That's the extent of my knowledge on it, one of staff is here this evening to discuss this issue with you. It's expected to cost about $30,000 which would be shared equally by the 3 parties. Which would obviously be about $10,000 by our part. I don't think we've budgeted in this fiscal year, but the water department has I believe put that request in next years budget. And the money, if they're approved, next years budget would be timely enough to allow our participation in that, if you so desire to authorize it. So, I'll call on Mr. DeSpain or who ever is our resident expert on this issue, this evening. Brad DeSpain: Mr. Mayor, Council Members - Mr. Davis always seems to set the stage for the drip under pressure and that's what I am. We have met with Mr. Cluff of Clean Water Products, he has also met with the Water User Advisory Committee and made a presentation. The information that was in your packet, I won't take the time to review that totally with you, I'll just let you know a few items that tbe location site has been selected at Tangerine and 1-10 for the CMID pumping plant is now occurring. The water will be either be taken from CMID's canal there at that location or from the siphon of the CAP. The plant will be set up there, it is a natural gas fire generator that will provide the electricity for the plant. It's 150 square foot, slow sand filter and Nanofiltration skid to slow sand filtration is done in a galvanized tank that's 14 feet in diameter and 8 feet tall. It comes out of there and goes into the Nanofiltration process. We have, with us this evening, Mr. Cluff and the engineer, Mr. Curtis, if you have any questions. The staff had the opportunity to meet with Metro and Oro Valley yesterday in the afternoon, we tried to get it quicker than that, but with everybody's schedule that was the soonest we could it done. In addition to the recommendation that staff made to you for a suggested motion, we'd recommend that the Council direct staff to work jointly with Metro and Oro Valley in negotiating an appropriate contract with Mr. Cluff of Clean Water Products, and bring that contract back to Council for you approval. If there are any questions, I'll try to feel them, ifI can't - Mr. Cluff's here and Mr. Curtis. A motion was made by Ora Harn to approve Resolution No. 97-34 to permit the Town to participate in a CAP Slowsand/Nanofiltration Pilot Project, subject to the condition proposed by the Water Utility Advisory Committee of having independent testing done by a private water laboratory. Brad DeSpaiu: May I add to that, that staff negotiate with Metro and Oro Valley and Mr. Cluff, an appropriate contract and bring that back to Council for approval. Seconded by Herb Kai, carried unanimously. II. Resolution 97-39 - Appointment/Reappointment of Marana Water Utility Advisory Committee Members 26 Iturvie Davis: Mr. Mayor, Members of the Council - we have 3 vacancies on the Water Advisory Committee and Mr. Jerry Harris, Mr. Jack Nueback and Mr. Joe Riley are being recommended for appointment to the committee. Brad DeSpain: I think the recommendation is the 3 that are there, now are currently serving, have offered to serve again. It's our recommendation to the Mayor that they be re-appointed. If he was not in concurrence with that, either one of those 3 or the other 3 could be appointed. They have agreed to serve also. Hurvie Davis: Mr. DeSpain is correct, I was on the wrong paragraph. Ms Betty Horigan, Ms Jean Lynch and Mr. Robert Condit were agreeable to re-appointment, 3 additional individuals expressed their desire were the 3 names that I mentioned to you earlier. Brad DeSpain: Mr. Mayor that's the first time that I've had the opportunity to - (laughter) A motion was made by Ora Harn, seconded by Sherry Millner to approve Resolution No. 97-39. Sandy Groseelose: If we could add that the term of office would expire, December 31, 1999. Brad DeSpain: The term should be for 3 years, the re-appointment should be for 3 years. According to our Code, is that correct Mr. Attorney? Dan Hochuli: Yes sir. MayorHonea: 2000? Ora Harn: I add that to my motion, Mr. Mayor. Brad DeSpain: I was advised by Ms Meaders, my assistant that it is correct, that Mrs. Groseclose put out, pointed out of '99 because they'll be serving '97, '98 and '99. Mayor Itonea: Okay. So the terms will end at 19997 That is correct. Motion carried unanimously. Resolution No. 97-26 - Request for Approval for a Liquor License Transfer for the Circle K Stores, Inc., 13961 N. Sandario Road, Marana, Arizona (Continued from April 15, 1997, Council Meeting) Hurvie Davis: Mr. Mayor, Members of the Council - this item was continued from the April 15 meeting for the request of a transfer of a type 9 Liquor License from 1145 S. Freeway in Tucson, the location of the Circle K down there. I believe it was demolished 27 as a results of some improvements by ADOT, transferring that to the Circle K at 13961 N. Sandario Road. There's some questions about what a type 9 liquor license was and that was to allow the Circle K to sell hard liquor. The apparently had a type 10 liquor license. The applicant was not here at the last meeting and Council expressed some desire to have some discussion so we brought it back at this meeting for your consideration. Mayor ltonea: ls the applicant present.'? Would somebody please come up? Daniel Manzo, Sales Manager for Southern AZ & Ken Wagner, District Manager for the local area. Mayor Itonea: I guess I'll start the questioning, I think there are several people. We've had problems in the past at this store, with people abusing alcohol. We've had a lot of problems with public urination on the side of your building. We've had several complaints about that. It does not appear to me that Circle K Corporation is policing its own facility. I think other Council Members have heard that same problem. We've had it turned into our Police Department, 1 think Circle K itself has even turned it in. I'm a little apprehensive of giving a class 9 license for your facility. To be real honest with you, I don't think you've done a real good job with a class 10 license. You might want to respond to that, but, Circle K has not taken very good care. We've had a lot of people go in there, buy beer, they pull right over to the side of your lot and drink it. It was a real problem, we had to start sending our police there to take care of it. That's not necessarily their job. It's your business. To take care of the safety of your patrons, but not to maintain the quality of your business. Other Council Members may have add a comment. Council Member Ham? Ora Harn: Mr. Mayor, I'm not, I just get concerned about convenience markets having hard liquor because, most generally what I see in convenience stores and not really picking on Circle K is that (end of tape #1) Ora Harn: (beginning of tape #2) Drinking and driving. We have a local bar right next door to that, if people need something, more than beer or wine. But our citizens usually, that's a neighborhood bar, people usually go in and get, when they get things there, they go home. But convenience stores, people come off the highway, they get stuff, they get back in their cars and they drive. That concerns me. I have a problem with this, and if you would permit me, I would like to make a motion. Unless somebody else has something. Mayor Honea: Any other Council Members want to make any comments? Council Member Clark? Tom Clark: Mr. Mayor, my experiences with the Circle K is not just in reference to alcoholic beverages, it's just that the place is not kept up. The sidewalk, leading into the store and the front of the place. They need to have somebody come in there and, you know with a high pressure washer occasionally and clean all the broken, you know, beer that spilled and soda pop and everything. Yon walk in there and it's, that's the first thing 28 people see when they come into Marana off the Marana exit. There's the Chevron on one side and the Circle K on the other. Granted the Chevron station has been completely renovated and it's brand new and everything. The Circle K is continually having new faqades put on it and everything. I know they get a lot of traffic. It's well known that it's one of the more popular Circle K's in the state as far as the amount of business that it does. It does a raving business off the freeway, but it's just not kept up. By the mid afternoon you go down there and soda cans and stuff are just creeping to way down the sidewalk, off the pavement and everything. And then again 1 don't like the idea of hard liquor being sold that close to the freeway either. Those people are, just like Councilman Ham said, off the freeway, grab their thing and back on again. As far as I know, it's never sold hard liquor before. Mayor Honea: Does anyone else want to comment? Do you gentlemen want to comment? Daniel Manzo: I appreciate your concern and your concerns are very legitimate. We have, in the past had problems keeping up the property. We have undergone a very intense program called "Project Update" we're talking image update and Ken can further elaborate on that. What we're doing, if you noticed in the last probably 6, last 3 months - we have completely undergone a complete image change in that whole store. And that means from lighting, if you notice the lighting is just completely brighter now. We are very much a security conscious company now, as far as policing the grounds and making sure that people am not urinating on our property. We have an internal security force that we can enfome to have a patrolling officer on board or an officer 7 days a week on the property. We can do that, and we will do that if that's what it takes, absolutely. Our company is more into the security aspect for our customers and as far as lighting and cleaning and everything else, we've got a program now in place that Ken can attest to as far as cleaning the parking lot. Because you're right, it's a very dusty area and it attracts a lot of attention. We have 1,200 people that come through our doors every single day. With the amount of staff that we have, we need extra attention to that and we're very much aware of that. We're constantly trying to appease the EPA, as far as making sure our underground tanks are up to standard. That we sell gas up to their standards. We have to have containment projects in place, that kind of stuff. So, we're very much aware of those facts and we're addressing those. We don't want our customers urinating on our property, any more than you do. We definitely don't want to do that. We are addressing those issues right now and through Ken, the District Manager. We have a Loss Prevention Manager that we hire outside companies, we contract outside companies to do exactly that. It's not like we're turning our backs away from that, absolutely not, we're addressing those issues head on. Not just at this facility here, but throughout many facilities throughout the rest of Tucson. So it's a big concern for us. We're making big efforts to try and correct those. I'm not going to sit back here and say, no we don't do that and we're not aware of that - because we are. If you notice, we've undergone a complete landscaping change. Just recently, I guess, maybe I'm speaking out of line, 1 don't know if you folks put up those no parking signs around the building - to keep out people that are just hanging around there, coming off the interstate. The whole issue of this liquor transfer, is we were forced to close down or store on 22nd and 1-10. That did sell liquor and we wanted to transfer it up to this store right here because of the volume. We wanted to make it more convenient to the people of Marana to be able to go in and do that one stop shop that you can get. You know, it's a complete grocery store inside there. And 1 believe it's probably one of the fewest grocery stores you have here in Marana. We sell everything from bread, milk, eggs, we offer a full 8 feet of produce - so it's a one stop thing that we're offering. Gasoline, groceries, beer, we have a beer license right now. To my knowledge to this date we have not once been cited for selling to underage persons at this store. We have an in-house program that every one of our employees goes to, it's called "TAM" - Techniques of Alcohol Management, which it's a whole day of classroom training for every one of our employees coming on board to teach them the techniques of selling or not selling to underage people. So we're very much aware of that, we're very much conscious of the publics awareness on doing that. There's a lot of stings going on around Tucson right now, and Marana and Catalina and outskirts of Tucson. Where the City officials have gotten together and put teams together to go out and set up, not really set up, but try to get our people to sell to underage people, beer or liquor. And this store has never had a citation before. So as far as Circle K is concerned, we just want to offer that as more of a convenience place for the people of Marana to buy their liquor at and not just go to the bar next door. Who's to say maybe that bar next door also has the problems of, you know people urinating, I don't know. Ken, do you want to add anything? Ken Wagner: As far as the upgrade is concerned in this facility we've just completed spending an excess of $30,000 upgrading the facility to the new image. What you see in the fasad in what you see on the outside of the building, that is the new image of the Circle K company now. Which will become standardized throughout the entire Country. The color scheme that you're looking at. The landscaping that we did, we do have an outside professional landscaping company that comes in there twice a month to take care of the plants and the shrubbery's. The employees of the store also police the grounds, 3 to 4 times a day - at each shift change. They'll take care of policing the area, picking up; of course they can't do it 24 hours a day, 7 days a week. But they do it on a very regular basis on a scheduled basis. Most of the employees in the store are from the area. They are concerned about the area and the neighborhood. They are very efficient at what they do, as far as taking care of people go. I can attest to that because, I ran that store for about a year, personally sometime back. I didn't have the support that we do now have, coming out of the corporate office. As far as maintaining the facility and other areas of the building itselfi We are in the process of purchasing a power wash machine that we will have so we won't have to depend on a once or twice a month outside facility to come in and power wash the parking lot and things of that nature. You saw the dumpster enclosures that we put up to enclose the dumpsters to enhance the image of the property. I'm sure you folks seen that. Of course that's another expense that we've gone to. Again the Liquor License that we're applying for, trying to transfer, is not for the intent purpose of, pulling people offthe highway to serve them alcohol so they can get back on the road and drink, it's for the purpose of enhancing what we offer on an overall basis on that one individual store, as we do in several other stores. One right down on Ina Road, off I- 10, which is store//946 - they have the liquor there also. We have a store at Bald Eagle and Camino De Oeste, which is not in the Town of Marana, but it's in close proximity, in the neighborhood and same situation there. We've recently put alcoholic beverages there. Done very well, and not had too many problems, whatsoever. Let's face it, no matter where you're going to sell beer or alcohol, you're going to have a 3O because the Administrator for the City of Nogales is the Mayor and they have a strong Mayor form of government in Nogales. Then again, after that, I think it was last week, l met Mr. Hein for about 2 V2 hours and had further discussions with him and convinced Mr. Helm can do the job that we've defined as Assistant Town Manager, that will assist me tremendously. Perhaps at the time I leave, he will be in a position maybe for consideration by the Council to be appointed Manger. I as the committee would recommend Mr. Hein for your consideration. Ora Ilarn: Mr. Mayor, I attended the travel reduction program today in Tucson and met a number of people from South Tucson. As you know, Mr. Hein serves South Tucson as their Town Manager, City Manger for 3 V2 years I believe, am I correct? Michael Hein: Mr. Mayor, Members of the Council, good evening, thank you, Actually Council Member Ham, I was the Community and Economic Development Director in South Tucson. Ora Harn: They all knew him though. I asked them about him. Mayor Honea: And most of it was good. Ora Harm It confirmed my opinion that he is the best candidate for this position. But the one question that I'd like to ask is, what time line, if he was selected and if we approve this, what is the time line that Mr. Davis is suggesting to bring Mr. Hein aboard? Hurvie Davis: Mr. Mayor, Council Member Ham, I spoke with Mr. Hein today. We had an earlier discussion but I also spoke with him today on that issue. Mr. Hein would be available to report to duty on the 16 of June. Obviously with the program he runs in Nogales, he's got a lot of responsibility and he needs some time obviously to kind of wrap some of those things up. Certainly in my opinion June 16 would be an acceptable date. Ora Harn: Because 1 know he spoke to us about some things he'd like to finish up. I think maybe that was one of the things that impressed me the most, is that he wasn't willing just to walk off the job, but had things that he felt committed to that community to finish. That impressed me. Mayor Honea: I agree. Michael Hein: Thank you. Mr. Mayor, Members of the Council, maybe what impresses you is that they don't want to kick me out of the door yet. (laughter) Michael Hein: And Hurvie, let me first of all commend you on the process, I've been most impressed. And again, thank you for the opportunity for allowing me to attend your retreat this weekend. If 1 had any reservations, in accepting the position, I think those were erased this weekend. I was very impressed with your ability fo get along together and not call anybody names, at least while I was in the room, I don't know what 32 happened when I left. I really have to say that it impressed me to see that you, each of those that attended, had some concrete ideas about the future and had some long term vision and that's originally what attracted me to the position. Thank you, I look forward to the opportunity of working with you all and with Hurvie the rest of the staff and the communities. If you have any questions, whatsoever. Mayor Honea: Anybody want to grill Mike for a bit? Anymore? A motion was made by Ora Harn, seconded by Tom Clark and carried unanimously to concur with the selection of Mr. Michael C. Hein as Assistant Town Manager. (clapping) K. Ordinance No. 97.09 - Amending the Marana Town Code by Adding a Provision Which Requires Circulators of Referenda and Initiative Petitions Concerning Local Matters to be Residents of the Town of Marana (Continued from April 15, 1997, Council Meeting) Hurvie Davis: Mr. Mayor, Members of the Council, this was continued from the April 15 meeting. It would be an ordinance that would require that circulators of referenda and initiative petitions concerning local matters be residents of the Town. At the last meeting, you asked for this item to be continued to be able to receive additional input prior to your further deliberation over the issue. Mayor Honea: Do we, we actually need to take action? Tonight? Hurvie Davis: Mr. Mayor, it's on the Councils agenda this evening for discussion and also the action is still on the table. Mayor Honea: This item was on the agenda before and we tabled it from the agenda and didn't take any action on it. So, 1 talked to a few of the Council Members, there were a few on each side of the issue and decided we should bring it back up. Either proceed on the issue or kill the issue so that we don't have to worry about it hanging any more. I basically was in support of the ordinance and my reasoning for this is not to inhibit anyone's ability to referendum in the Town of Marana. The problem we have had, and it's not only with the latest, recent referendum attempt, but also with the previous referendum attempt of two years ago. ls the individuals that started the referendum, did not live in our community. The individuals that circulated the petitions did not live in our community. And the individuals that circulated the last petitions, gave false information to get signatures. I have a couple people, including Council Member Sutton, who said that an individual came to his house and said we were going to double our property tax and a bunch of things of that nature. Well, we don't have a property tax to double to begin with. And what happens is, is there's no responsibility for actions. If you do like they did the last time and the time before and you go down to the University or something and you hire a group of kids and you pay them $2 a signature, those young people are going to tell you anything they can to get you to sign that petition. Because they get $2 every time somebody puts a name on it. You know, they were told that there were Pigmy Owls nesting on the area and they would be killed. Well, the University of Arizona went out and surveyed the area. There are no Pigmy 33 Owls. They were told they were going to double the property tax in the Town of Marana. We don't have a property tax. There were a lot of falsehoods given by these individuals who have, there's no way for them to be responsible for this community. The philosophy behind this, and if I'm not mistaking, Sahuarita has approved something similar to this, Mr. Hochuli? Dan Hochuli: No sir. Mayor Honea: I thought they had on this issue. Dan Hochuli: No sir, it's not been raised there. Mayor Honea: But there are other Cities that have, Cities and Towns? Dan Hochuli: Mr. Mayor, yes, my understanding is there are other Towns that have dealt with this issue. Mayor Honea: Is, to try to make, not to make the system impossible, because I don't care who you are. If you're willing to spend the money, you'll find individuals in a Town of 6,000 people that will circulate petitions for you. But at least if that individual that lives in your community and tells you blatantly an untruth to get a signature, there's some way for them to be held accountable, there's some accountability. The way our system is now, there's no accountability at all. Every time we have one of these referendums, it costs the Town several thousands of dollars, not only through our legal staff, but setting up elections and going through all of the procedure's. Referendum is not necessarily bad, I think that our citizens should have that right, whether it be recall or referendum - under the law. But I don't think that people that live outside of our community, and some of these individuals live many miles outside of our community, not just 8 or 10, but 30 or 40 - to have the right, just because they can afford, come in and putting a referendum on our issues. This will not make it illegal to referendum, this will not make it take less signatures on a referendum, this will not change anything, but requiring individuals that circulate them, to be citizens of our community. That's why 1 feel we should clean this up a little bit. If our people don't like it, let them carry a referendum. But if people that live 20 or 30 miles away from us don't like it - they'd better get somebody in the community to carry the referendum. At least that person can be held accountable by his neighbors. I really don't think it's unfair to ask that. That's all the comment I have. Tom Clark: l'm against limiting the circulators of referendum petitions from being within the Town. The whole reason Herb and I are on the Council is because if the Waste Management referendum that was put to the voters. If we hadn't have had, we were making do with a little used pet store next to Kenny's Market, for our headquarters. For our referendum drive and if we hadn't had those Graduate students from the U of A, one of them who volunteered his time as part of his Masters Thesis, to come and help us and bring us some students and everything to circulate petitions - not only here in northern Marana but especially in Continental Ranch. We'd have never, you know, brought the thing before the voters. So I think that anybody that wants to, I think there's some guidelines that we can add to make it specific about what people can say and the 34 things that they can tell people when they pass out petitions and everything. But I don't think we should, would limit it - if it wasn't for those graduate students, we'd have never gotten around and got to talk to all the people that we did. There was like, a core group of about 7, 8 or 10 of us that did the bulk of the work. When the Kelly's got a hold of Anton and some of his, cronies down at the U of A, boy they really got together some vehicles and they went everywhere. They also did exit polls, here in north Marana and in Continental Ranch and we found that we had a great support from Continental Ranch on that referendum against the Waste Management Landfill. I can guarantee if we didn't kill that landfill, we'd have DDT contaminated dirt from San Francisco Bay sitting right across 1-10 from us today. Sherry Millner: I'm confused, because we're talking about people living in the Town starting a referendum, you didn't live in the Town at the time, is that what you're saying? Tom Clark: Yeah, we lived in the Town, but we're talking about circulators. Mayor Honea: You can start it if you live outside the Town. The circulators would have to live in the Town. Sherry Miliner: Oh, I misunderstood that. I'm sorry, l thought you had to live in the Town to start it. So, anyone that lives in New York can start it here. Mayor Honea: They can now. The thing is, if you live in New York, and start it here, you can hire people that live in Phoenix to come down here and circulate the petitions. Sherry Millner: What I'm saying is, what we're trying to do is limit it - if you want to start a referendum, you have to live in the Town. Mayor Honea: No, the circulators of the referendum have to live in the Town. The individuals that actually go out to the public and converse with another individual and tell them why they want them to sign it. Sherry Miilner: Okay, so anyone from any state in the US can start a referendum. That's what we're saying. Mayor Honea: They can do that now. And it would still stay that way. It would just, instead of being able to go to the University and tell young people, I'll give you $2 a signature, go to Marana and get what you want. It would require them to get local citizens to circulate the petitions. And that basically is the only change, is that correct Mr. Hochuli? Dan Hochuli: Mr. Mayor, Members of the Council -that's correct, and to clarify, when we're talking about starting a referendum, the only thing that starts it is someone coming in and asking for the assignment for a referendum number. They simply fill out a simple application, receive a referendum number and receive some instructions. But that referendum number needs to be placed in certain places on each petitions. So starting the process is really nothing more than coming in and filling out a form and being assigned that number. In fact, there, 1 would expect there'd been times in the past we've 35 assigned a number and the petitions have never come back filled out. That's just what starts the process. So that's really a simple step. And the issue in this is, whether you need to be a resident of the Town to circulate the petition. Mayor Honea: And basically you have to be a resident to vote on the issue. And you have to be a resident to sign the petition. And basically what this would do is make you need to be a resident to circulate the petition. It can be started by an outside force. It's an accountability thing. We've had some real problems with accountability in people circulating petitions and it just seemed like a way to get some more accountability to our own citizens. Your neighbor in your community is going to be less apt to give you a lot of falsehoods to try to get you to sign something if they still live there next to you. Where a person who lives out of Town of out of State has no accountability whatsoever. They can tell you whatever they want. Ora Ham: Mr. Mayor, I don't think it takes people from out of Town to tell things that aren't exactly so, you know. We probably have one or two people that live within the Town that don't always tell the truth. I'm not sure that I'm ready to vote yes on the resolution. 1 think we ought to maybe look at, how resolutions are passed and maybe look in depth with it, but at this present time, and especially I guess, I feel uncomfortable - we have a resolution before us and the people that sign that resolution Mayor Honea: Uh, referendum. Ora Harn: Referendum, I'm sorry. They signed that honestly and I think that if we pass something like this, we're saying to those people that we're concerned with them. And I don't feel comfortable with that. 1 think people have the right, we have a right to be on different sides of the landfill issues. And you have a right to do referendum. I just think that I would like to look at it more carefully before I would vote on it. Mayor Honea: I differed with his opinion as well, I was on the other side of the issue and I think he was right. I just think, it's not questioning the signer on the referendum, it's questioning the person cimulating you know, whether they're exactly honest. Let's if we don't have any support for this, let's drop it or whatever and get on with our meeting. Is them support for this Ora Harn: I do think that it's, that there are things that maybe we want to look at it and maybe it's things we want to get with Mr. Hochuli and Mrs. Groseclose and see if there's ways, because I am concerned too that often in the past petitions have been left on store counters to be signed. Which is not lawful either. It's needs to be circulated by someone. So there may be some things we need to tighten up or something. I'm not against looking at the whole process but I would not be in favor of this at this time. Sherry Millner: I think I want some clarification because what ! read into this and what I when I was approached on the phone about this - are two different things. So I would like some clarifications before I vote on this. Mayor Honea: What do you all want to do? Do you want to table it to a further meeting, or do you want to just kill the issue? Should we table it and do some research and bring it back? 36 Tom Clark: I'm willing to do that. Mayor Honea: Okay, we'll table this issue. L. Marana Municipal Facility - Discussion of Facility Hurvie Davis: Mr. Mayor, Members of the Council, as you know; we are growing as a community, we are growing as a Town of Government. This Town Hall complex is probably built about 5 - 5 ½ years ago, that we're in right now. As you know back in about '93 we started to outgrow this when we started to get some staff. When I came 4 ½ years ago, didn't have any planning staff. Had one person in the building services. No engineering or public works, or no engineering staff. We had a street crew and so forth. As a result of our growth, we've basically outgrown this facility. We lease over 3,000 square feet at the development center, over at Sanders and Grier Road. We just moved into a modular next door with our police department. We moved our water department over to the old double wide that the police department occupied. So, obviously we need to address the ability for the Town to provide facilities to operate out of. As a result of this issue, I, last year appointed a facilities planning committee - made up of the senior staff of the Town, chaired by Mr. Dave Atler. To look at a Marana Municipal Complex. Staff has come out with an excellent report on this matter. I'd like to turn it over to Mr. Atler in the essence of time and have him give you a brief overview and update. I think he's met with most of you to try to brief you on this issue and what we're recommending to you is that this evening if you so desire, give us direction as to how to proceed in terms of locating a site for the future Marana Municipal Complex. Dave Atler: Thank you Mr. Davis. Mr. Mayor, Members of the Council I won't - most of the people that are in here, actually worked on the report. I think with the exception of Judge Dillow, everybody is here. We got a very good response, very good support from everybody and I am real pleased to be able to work with everybody on this. I don't know if they'd say the same about me, the way I ran some of the meetings. Unfortunately for the new Assistant Town Manager, the Town Limits don't extend quite as far as Rio Rico. But, this may give you an idea about where we may end up. As a result of the individual meetings we had with the 3 groups of Council Members, we made some minor revisions to the drawings. Most notably was the request to increase the areas - the five areas we had. We doubled the radius. We didn't go back in and change the analysis based on those increases because we didn't think - it was just going to be a proportional increase and it wouldn't change the results. The other thing we changed, we used to have a big red arrow as you may remember up here that has come off. Other than that, the report that you have that was delivered last week to you is the same. The reason for the binders is that if there's any changes that Council requests for other areas to be investigated, we can amend the report. 1 would like to know one error in the report is in the acknowledgments. Actually Bill Simpson did the covers, that wasn't done by Helen Ireland in Jerry's Staff. But she did do this exhibit and the others in the report so she did a very good job. With that, I'd entertain any questions or ask any of the other committee members if they'd like to add anything. Mayor Honea: if not, I think we could probably go on to the next item. Are there any questions on this item? If not, we'll go on to item M. 37 M. EXECUTIVE SESSION - Pursuant to A.R.S 38-431 (A) (7) for Discussion of Consultation with Representatives Regarding Negotiations for the Purchase or Lease of Real Property Location of Municipal Complex A motion was made by Ora Harn, seconded by Tom Clark and carried unanimously fbr Council to go into Executive Session at 9:40 P.M. Back in Session at 10:40 P.M. N. Mayor and Council Report Sherry Miliner: I have a short one. I went and had an urban picnic, art and antique auction at the Tucson Art's District, on the 29. We set up in the parking lot and we had the trains going back and forth and switching right across the street, so it was a lot of fun. Shirley Scott asked me to go, she was filling a table. It was a lot of fun, it was different. We all had a great time. Herb Kal: No report. Ora Harn: I just wanted to comment on the fact that I thought the retreat was excellent. I appreciated the fact that as we sat in the retreat and were talking and looked around, every member was there that will be on the Council beginning June 1. i thought that was excellent, because so often there's missunderstandings and lack of communication when people aren't there and can't hear what's happening. I thought it was a wonderful, I really enjoyed myself. I like the travel reduction program today. I went and was given the opportunity to participate in the activities there. I like the travel reduction program, I think it's a good program and is something that really gets people out working and trying to reduce travel and pollution. So, I enjoyed that. Tom Clark: I don't have any particular thing to say because 1 had my head in the dirt for the last 3 weeks. I just wanted to comment because 1 wasn't able to make the retreat Saturday. I know Sherry, Bobby and I talked a little about it Friday night and I think that Ora and Eddie and I also talked about it. I talked about it again today with Jerry, fbr over an hour and then I mentioned it to Dan last week too. I don't know if anything's been done on, you know, if there's a way to appeal that Cell Tower. Accross from Valley of the Sun, to where we can get it to a public hearing. Jerry told me, in fact he read me the statutes, I guess. After 35 days, it's only a 60 foot tower and it's going to have a little building below it with a chain link fence and everything. I think Ron Asta, from what Paul told me last Friday - he'd even agree, because I have a lease protest, because she's an adjoining land owner, Ira Lee Chumlie, he'd even agree'd to pull it back closer towards those apartments that are at the back end of that property. But, there ought to be a way that somebody like Owen Waples who's lived in this Town for years and years, can come before the Council if he chose to and have his protest heard by either P & Z or the Council or something. I'm not against the 60 foot tower, I mean there's that one right on 1-10 between Cortaro Farms and Ina Road. 1 think it's going to be something like that, a model pole tower with one of those square triangular type deals at the top of it. Personal communications tower, I guess they call it. Those people did protest, it wasn't 25% but when someone like Owen Wapples thinks enough to put his pen in the paper, that's lived in this Town for years - there ought to be some way. I don't know if you talked about it Saturday or not, but there ought to be some way we can bring that before the public and let people discuss it. I asked Paul the other day, well how many letters did you get that were in support of the tower? He said, no, actually none but we usually don't. "You don't?" I was just sort of being funny. Harley West, who lives on the corner of Grier and Sandario - he protested and my cousin Jay and Janice Ryier, they protested and they were on the outskirts of the ¼ mile boundary area. Bobby Littlejohn and his wife, Owens daughter and sonqn-law, they protested. The Scott's, their protest, they live in the back - in that big old school house that's back there behind Tim and Martha Ryier. There protest is still up. There ought to be some way that - to me it just shouldn't be in a residential area. There's nothing around that, that's not residential. There's houses on all 4 sides, houses or apartments on all 4 sides. They say it'll be camoflauged somewhat by the Tamrak trees across from Ira Lee Chumlie's place, but, it won't be if they're going to move it back. I don't know what we can do about it. I feel like kicking myself, like I said I had my head in the sand for the last 3 weeks - I'm sure I could have gone around and gotten 25% just the surrounding land owners to protest it. I just wondered what the rest of the Council thought about it. Ora ltarn: I could have protested, 1 just thought enough people would do it, so I wouldn't have to. Tom Clark: That's what Jay and Janice said. They thought enough people would do it, that they wouldn't - Jay was concerned, he came in and when I told him that there weren't enough protest and lra Lee had withdrawn hers, he said why wasn't 1 notified, that there were not enough, we could have gone down the street and gotten 3 or 4 more signatures. Dan Hochuli: Mr. Mayor, I had somebody checking - on my staff- and I forgot to ask them today. I will ask the Councilman's question on that tomarrow when I get the answer back. Really the issue goes to significant land use change rather than a rezone and the Town has talked for a while about what we're going to do with that procedure since we're not agenda'd for that item - Councilman, I can look into that and get back with you. If we want to look at changing the significant land use change procedure, then we can present that to Council Tom Clark: Jerry said that the Town Council, the majority of the Town Council Members could have protest it too because we all received letters on it. But that didn't happen either, and I guess I could have in the 35 days that we had to do it, I could have gone around and asked you guys. It just seems, I don't even know why the property owner would want a tower like that right in the middle of 2 acres of prime rows. Mayor Honea: I think it's probably too late to do anything, I don't know how far we can get into this discussion here, but, Dan said he can get some information back - Mayor Honea: I was just going to talk about the trip to Oro Valley and the retreat, I thought that both of them were very fruitful. The retreat was a little more quiet, but both were good endeavors. I'm going to meet tomorrow at 10:00 with Bernie Diamond from the MTC, wants to talk to me, you know they want to expand the facility. Tom might 39 not know that but we talked about that at the retreat. I'm going to meet with Warden Lewis at 4:00 in the afternoon, tomorrow. I have two of them that want to come and talk. I'm not sure exactly what they want. I think Roxanne might know more than most of us because she just took a recent tour and they were telling her and she didn't have no problem with it. 1 want to hear for myself and see exactly - as soon as 1 get the information whether it's paperwork or what specifically they're looking for, I'll leave something in everybody's box. Herb Kai: Bernie has my ear at 11:00, after you. Mayor Honea: This probably won't hit Council until June or something anyway. Other than that, anybody have anything else? Sandy Groseelose: I was just going to add to the Council, these are pictures that we just got back from Moto Photo on the 2 new Council Members. If you would like to have your pictures re-taken. Comments were made from Council about re-taking their pictures. O. Manager's Report Hurvie Davis: Mr. Mayor, Members of the Council, I think most of you are aware that we had a nitrate problem with our well at the park. We shut that down, we hooked on to the CMID systems out here for the drinking water. So we have the drinking water on the CM1D and we've got the park well back operational now so they're irrigating the park. Continue to meet with the departments on the budget. We're in the final stages on that. We're scheduled to come before you on June 3, to adopt the tentative budget. Talked with Mr. Cuaron, I'm going to try and get the budget out as soon as we can to you, even in advance of the normal distribution date so you'll have time to look that over, well before the Council meeting on June 3. It's going to be a tough budget year for us. As you know, Mr. Kern retired after 20 years of service. We had a retirement luncheon for him out at the park - well attended. There was some miscommunication in getting information out to the Council and we apologize for that, we don't know how that happended. Also, I think I mentioned that we closed the transaction on the purchase of the Marana Water Service on the first of May and I'm starting a process for Mr. Maples' replacement. I don't look forward to that, I've always felt that try to get good people in and, you hate to lose that continuity that you have. Mr. Maples has talked with Leroy Seyer who is a retired building official for Pima County, just retired a few months ago - who is willing to come in and help us out on a temporary basis. He's obviously well qualified. Dave Mann with the City of Tucson has also volunteered to help out on an interim basis, and I'll probably get those two individuals to serve on a selection committee as well as, someone from SABBA again, as we had last time. Representing the home building industry. With that Mr. Mayor and Members of the Council I have nothing further here that's of significance. X. FUTURE AGENDA ITEMS There were none. 4O ADJOURNMENT A motion was made by Sherry Millner, seconded by Tom Clark and carried unanimously to adjourn the meeting at 10:56 P.M. CERTIFICATION I certify that the foregoing minutes are the true and correct minutes of the Regualr Council Meeting of the Marana Town Council held on May 6, 1997. I further certify that a quorum was present. 41