Loading...
HomeMy WebLinkAbout02/18/1997 Regular Council Meeting MinutesII. III. PLACE AND DATE Marana Town Hall, February 18, 1997 CALL TO ORDER By Mayor Honea at 7:07 P.M. PLEDGE OF ALLEGIANCE Led by Mayor Honea INVOCATION A moment of silent prayer was observed. IV. ROLL CALL go VI. COUNCIL Ed Honea, Sharon Price, Tom Clark, Ora Ham, Herb Kai, Sherry Milliner, Bobby Sutton, Jr., Mayor Vice Mayor Councilman Councilwoman Councilman Councilwoman Councilman STAFF Dan Hochuli, Sandra Groseclose, Jane Johnson, Jerry Flannery, Jocelyn Entz, Hugh Holub Brad DeSpain Doug Maples Town Attorney Town Clerk Human Resources Director Planning Administrator Assistant to the Town Manager Water Attorney Water Utilities Director Chief Building Official 1 Member of the Press 16 Members of the Public APPROVAL OF AGENDA A motion was made by Bobby Sutton, Jr., seconded by Ora Harn, that item 3 of the consent agenda and item B of the General Order of Business be removed, and was carried unanimously. ACCEPTANCE OF MINUTES A motion was made by Bobby Sutton, Jr., seconded by Sharon Price and carried unanimously to accept the minutes of the Regular Town Council meeting of February 4, 1997, as written. MAI~nk ~TOW'NCFEBRtAR~ 18,~CI VIII. IX. CALL TO THE PUBLIC/ANNOUNCEMENTS Maria Tschampel, 1600 W. Turtle Dove Lane: I called this afternoon to see if item B was to be scheduled and I was informed it was, did I just understand that it is now unscheduled? Mayor Honea: Yes ma'am, it has been removed. It will be scheduled on the 18 of March. The Mayor also advised that there were 2 who wanted to speak on the Sick Leave, which has been pulled, if anyone has a comment. Sandra Groseclose: Wanted to advise that the Police Department has moved into their office as of today, which is located across the parking lot. There are no signs up but they are open for business. Ora Harn: Commented on the work being done at the park and reel's the people should go and see what is being done. She extended her appreciation to all who are working on it. Stated, Sandy will be getting her gazebo and understands that it is going to be up and ready in time for Founder's Day. Council Member Harn also wanted to remind the people that Founder's Day is set for March 15 and people are still needed to help, if anyone is interested. STAFF REPORTS GENERAL ORDER OF BUSINESS A. Consent 1. Resolution No. 97-17 - Authorization for Purchase of Water System: Water Service, Inc./I.M. Water Company Marana 2. Resolution No. 97-16 - Request for Approval for a Liquor License Transfer for Jade Garden Restaurant, 3720 West Ina Road, Marana, Arizona 3. Ordinance No. 97.01 and Resolution No. 97-15: Leave Policy - Second Reading and Declaring as a Public Record and Adopting Amendments to the Marana Personnel Policies and Amending the Leave of Absence Policy at Section 03.04 Item 3 was removed and set for meeting of March 18, 1997. 4. Resolution No. 97-18 - Amending 457 Deferred Compensation Plan 5. Resolution No. 97-13: Cracker Barrel Development plan - Cracker Barrel Store for Cracker Barrel Old Country Store, Inc. by Design and Engineering, Inc. - Review and Action on an Application for a Development Plan for a Restaurant Within Continental Ranch/Peppertree Business Park. Site Location is at the NE Corner of Cracker Barrel and Hospitality Roads, West of Interstate 10, within the NW 1/4 of T12S, R12E, Assessor's Tax Code number 221-35-0150K 6. Resolution No. 97-14: Foti Fuels Development Plan - Foti Fuels Service Station for Foti Fuels, Inc. by WLB Group, Inc. Review and Action on an Application of a Development Plan for a Service Station. Site Location is SQ of the Intersection of Cortaro Road and 1-10, TI2S, R12E, Section 26, Assessor's Tax Code Number 221- 35-015 A motion was made by Sharon Price, seconded by Bobby Sutton, Jr. and carried unanimously approve Consent Agenda, items 1,2, 4,5 and 6. B. Public Hearing; Ordinance No. 97.04: Moore Road/Camino de Oeste Rezone - Consideration of Approval of a Request by Winters & Associates, Inc. to Rezone Property Located at the Southeast Corner of Camino de Oeste and Moore Road in the Northwest 1/4 of the Northwest 1/4 of Section 31, Township I 1 South, Range 13 East, Assessor's Tax Parcel No. 219-34-0040, from "C" Zone (Large Lot Zone) to R- 6 (Single Family Residential, Minimum Lot Size 6,000 Square Feet) and VC (Village Commercial) Item B was removed and scheduled for meeting of March 18, 1997. C. Public Hearing: Ordinance No. 97.03 and Resolution No. 97-12; Amendment to the Marana Land Development Code Adding Title 17. Landscape Regulations and Changing Portions of Title 15 Relating to Landscape - Request for Consideration and Approval of Landscape Requirements to be Integrated into the Town's Development Code, Including Minor Changes within Title 5 Zoning, Relating to Landscape Requirements in Some Zoning Classifications Jerry Flannery: Advised that about 2 years ago, some Architects of Arizona came to the Town and offered to help the Town with the landscape ordinance, which they drafted one, Since that time, new staff has been hired and Collins Pina Engineering Firm as been contracted, whom have some experts in-house on landscaping. The Code was taken and massaged and tonight the final draft is being presented. He advised he ~vould like the Council to take a look at it and if any comments are made, he would write them down. He would prefer that the action be continued to a later date to give the Town Council some opportunity to review it some more. The Planning Commission adopted the draft on their January 16, 1997 meeting. He advised a lot of work has gone into this draft, therefore, he does not want it taken lightly.. The planning Commission adopted this draft on their January 16, 1997 meeting. It has a lot of water conservation, drought tolerant type landscaping. A lot of work has gone into it, so, we do not want to take it lightly. We would like to have the Council's imput as much as possible, therefore if there are any comments tonight we would be willing to write them down. After a lengthy discussion about the putting up of a decorative masonry wall for Recreational Vehicle and Manufactured Housing -- page 2 of 4 of Ordinance No. 97.03 Section 2, Title 5: Zoning; 05.10.10 and 05,10.11 -- Mayor Honea, Council Members Harn and Sutton were in agreement that the code needs to be looked into more closely. Also the code would put an unusual requirement on an individual homeowner to put up a decorative masonry wall, due to the fact that those walls are not an inexpensive item. 3 Council Member Sutton further stated that track homes and those types of neighborhoods are going to do it because they need to identify their lot sizes. You do not need it - they are going to do it automatically. Jerry Flannery: Asked if it is Council's desire then to not have decorative walls on any projects. Also commented that the language could be modified. He felt the intent is for development projects, in large projects of any kind of residential type, they are usually required to put up a wall. Suggested maybe the developer could get credit or something for putting up a decorative wall -- like if they put up a five foot wall, they may not be required to do as much landscaping in other parts of the project. Or some type of credit transfer. Ora Itarn: She expressed a question about topography. Someone had a topography study done on their property. Is that for individual homeowners or is that for anyone that's coming for a permit to put in a home. Found on page 7-2 of the Marana Land Use and Development Code - Chapter 17; Section 17-2-1 B, number 3. Jerry Flannery: This would be for a large project. Typically, topographic elevations are done as part of the drainage and grading studies as well. Those things are done as part of the development process. Ora Harn: l don't see anything in here that talks about large scale plans or anything. It just says site plans, tentative plats or development plan. I wonder if, somehow we ought to delineate the fact that if somebody has an acre of property that they're going to put something on, we're not talking about they have to get a topography lines and elevations for an acre lot. I wonder if we should specify if they're doing 10 acres or something like that. Mayor Honea: We're required to do that currently. Jerry Flannery: 1 think what I'm hearing is that we want to make some differentiation between an individual who owns an acre of land and wants to put a mobile home on it versus a project that's coming in. Ora Harn: Stated she would talk to Mr. Flannery about it. You know because if somebody is going to build something on an acre lot, I can understand if we're going to talk about how the water's going to flow on it. Mayor Honea: A lot of our area is in the flood plain and if you're in the flood plain now, you're required to do that. To know how high either your home or whatever. Ora Harn: Wanted to make sure an undue expense was not being created on people trying to build and put in businesses. She certainly wants to everything to be right, but she's not sure of having someone having to get a topography when he wants to put in something on an acre site, where he's not in the flood plain or anything and it's evident that he's on a slope -- that's pretty expensive. 4 Jerry Fiannery: Stated chances are a surveyor could be hired to conduct some kind of elevation site. Typically they'll do it offa monument. OraItarn: What type ofcost are we talking about? Twenty thousand? Jerry Flannery: Commented that for a two acre site, his guess would be somewhere between $500 and $800 maybe. He also stated that on the bottom of page 7-1 [of the Marana Land Use Development Code] there is this statement: "The provisions of this chapter shall apply to all development except individually owned residential lots which have a land use intensity of less than three (3) residences per acre (RAC). He feels what we've been hearing is some good comments about this applying to projects rather than necessarily individual lot owners who try to improve their lot. He feels the language can be modified and maybe put in the beginning of the entire purpose and scope; add some language to say, this only applies to certain types of projects or projects that are new or commercial sites that come in. Rather than put it on some landowner in a high density subdivision, Bobby Sutton, Jr.: What date do you need feedback by? Stated on the draft there is a request for the 4th. Jerry Flannery: We're requesting that this item be put on the March 18th agenda. Added that at first yes it did have the 4th, but he is requesting to be put on the 18th. Ora Harn: I don't want to sound like I'm opposed to this landscaping plan because 1 think time its time has come and it's good and I don't want Jerry to think I'm picking on him or his plan. Jerry Flannery: Not at all, that's why I wanted to do this tonight and bring it to the Council for feedback, and you're doing exactly what l would like. We want to do this right the first time. Mayor Honea: Asked if there were any other comments. There were none. A motion was made by Bobby Sutton, Jr., seconded by Tom Clark and carried unanimously to continue item C to the 18th. D. Public Hearing: Ordinance No. 97.02: Amendment to Title 16, Section 16-11-4, Political Sign Amendment - Amending the Town of Marana Land Development Code, Title 16, Sign Code, Regarding Political Sign Regulations by Adopting Certain Regulations Relating to Permit Fees, Locations and Time Frames allowed for the Erection and Removal of Political Signs Jerry Fiannery: Stated this issue had come before the Council in November. It was brought to the Planning Commission on January 16th, after getting some specific directions from Council on what they would like to see in the new sign code for political signs. The Commission had some modifications, although they were minor. Attached to 5 MIN UTES OF REG I_.ILAR COUNCIL MEETING MARANA TOWN COIJNCIL FEBRUARY 18, 1997 the blue sheet of the staff report is the political sign article that is in a final draft and once Council sees fit to make additional changes tonight, it will be put in the sign code. Sherry Millner: Feels 30 days is a long time to have a bunch of signs up. She asked if there's a fee for people that don't pick up their signs? Jerry Flannel: Stated if somebody doesn't abide by any part of this code, they would be subject to penalties [located in Marana Ordinance No. 97.03 Section 16-11-4 item J-- page 2 of 3], which is any and all violations of this section should be subject to penalties. They could be cited after the 5 days if they have not removed them. Through the sign code, the signs could be impounded and a per diem will be charged as part of the violation. He advised the 30 days was something arrived at after receiving requests from some candidates due to early voting being 30 days prior to an election. All of this is certainly subject to any kind of modifications the Council wants. Sharon Price: Stated she doesn't care for the 30 days prior, feels 15 days is long enough. She stated she liked the 5 days afterward because sometimes it takes a couple of days to get them all picked up. She also said she would like to see a fine in place and having it enforced. Dan Hochuli: Stated most of the case law defines political signs as signs that reflect protective speech, which is not only elections but anything political in nature. That would include not just signs associated with an election but signs that would be protected under the free speech. Sharon Price: Commented she wasn't sure if it can be contained to strictly campaign signs. Jerry Flannery: It's defined as temporary political signs that support candidates' issues or any other matter on the ballot or Primary, General or Special Elections are allowed in all zoning districts. So, we do specify elections or certain elections. Sharon Price: Using the term Political Signs, doesn't that implicate other things as well? Can we define that any better? Dan Hochuli: After re-reading the code, he felt the definition on its face narrows the scope for that provision to signs related to elections. So it's been effectively narrowed. Jerry Flannery: Should we change the name of the section to Election Signs or Campaign Signs? Get rid of the gray area? Dan Hochuli: Agreed with that. Mayor Itonea: Asked if an individual puts up a sign 15 days before the primary, would they have to take it down five days after; keep it down for 25 days and then 15 days before the general they could put the sign back up? Jerry Flannery: The strict interpretation of this would be that, yes Tom Clark: Feels it would be hard enforce. Sharon Price: Stated she knows it's illegal to remove someone's political signs, but if it's beyond the date when they're supposed to be up and they end up coming do~vn, would somebody be prosecuted for that? Dan Hochuli: They can be. Sharon Price: So the only one who could possibly take them down would probably be Jerry or somebody he designates. And you actually remove them? Jerry Flannery: Yes. Mayor Honea: If we have to have someone go and remove political signs for one mason or another, is there a fee for those individuals to recoup those signs? Jerry Flannery: The sign code does provide, ifa sign is impounded there is a per diem storage rate. The problem is that a lot of times the people don't want the signs or they just forget it. Sharon Price: Could we put a length of time for disposal for political signs that you're holding? Jerry Flannery: Commented that once the people are notified about their signs, we like to give them every opportunity to come and pick them up. They'll be advised they have 30 days to pick them up, at the end of the 30 days, they will be advised that at the end of 15 days the signs will be destroyed. Tom Clark: Made a comment about during past elections there have been referendums, what about those signs? Jerry Flannery: Would be considered an election sign, it's pertaining to an election issue. Dan Hochuli: The code says temporary election signs which supports candidates, issues or any other measure on the ballot of Primary, General or Special Election Sharon Price: Wanted clarification as to the charging of fines, feels the people need to be charged, if they know they're going to be fined an amount of money they might tend to come and get them. Jerry Flannery: There is a violation letter that you would receive as somebody who's breaking this law. They would receive a letter and could be fined and charged and brought to Court. 7 Bobby Sutton, Jr.: Stated the current sign code penalty provision needs to be more specific, such as maybe there should be a pick up fee, storage fee and disposal fee. Ora Itarn: Had a comment that maybe an incentive could be to charge $25.00 for a permit to put up signs and if the person returns, they'll get a $5.00 rebate on the permit. Jerry Flannery: Stated, the sign code as it is written does not have a pick up and each stage of the violation process, it has a per diem, each day that you have it in storage is a certain amount. Mayor Honea: Questioned Mr. Hochuli if a political action committee, which is just banded, how are we going to fine anybody? Technically, signs don't say right on them who put them up or whatever, whom would you fine? Jerry Flannery: The application that is a blanket permit for the signs that an individual or an organization wants to put up. Whoever is on that permit is the responsible party. Mayor Honea: Asked the question: How about a political committee supporting 2 or 3 candidates, buy one $25.00 permit as long as that group is putting up all the signs? Dan Hochnli: Feels the way it is written, the party that is erecting the sign, no matter the amount, would apply for one permit. That applicant needs a permit, that's whom we enforce against. He feels it may be difficult to enforce against people that put up signs without a permit. If you try to go to the person whose name is on the sign and that person says he has nothing to do with the sign being put up, it will be hard to enforce that. He also addressed the Mayor's earlier question: enforcement is difficult against any of the packs and I know some of the Council members have formed a committee, which is essentially a pack. The Town can pull their signs and file a law suit against the pack, but if there's no money, there's no money. There's a practical side of the enforcement. Ora Harn: Feels that whoever signs that permit, assumes responsibility for putting up the sign. Mayor Itonea: A lot of the County type propositions, they're not going to get a permit. People are just going to go out and start sticking signs in every busy street corner. Jerry Fiannery: Stated if a scenario come up where a group is representing several candidates or several issues, through that process they would need to identify who they are representing and what issues they are representing, so there isn't some kind of confusion and a sign gets pulled out that a permit had been paid for. They would have to be very clear that if they're going to go out and post for these candidates and propositions, that's what they're going to be doing on the original application. Sharon Price: Aren't we required to put the permit number on the signs anywhere? Jerry Flannery: The sign code requires that, yes. 8 Sharon Price: So wouldn't that just simplify it right there Jerry Flannery: That is correct. Mayor Honea: So if they don't have one, you pull it. Tom Clark: Stated he remembers when a group working for the Sheriff put up like 10 signs and when asked if they got permission they stated no they didn't, they were just told to come out to Marana and put out the signs. How are we going to get the word out to people on this? Jerry Flannery: Commented that a lot of that is in cooperation with Sandy, she does give a lot of the packets for the political elections out to anybody that's coming in and running. One thing we want to do is send out a letter to the political parties prior to elections coming up, to have some accountability there. He feels the word will get out quickly when it starts being enforced. Bobby Sutton, Jr.: Stated that it's in place for people running in Marana or an issue on our ballot, they will be advised of the roles. But for a County, District, State type election; they're going to have no idea and sending it to the parties, like democratic and republic chairperson's and you don't know who's going to come in but it's a real broad scope. And when people just come in and hit the district, it could be a two day thing to put signs and they're not in the area anymore, if we pull down their signs and tell them we pulled them down because of the $25.00 you didn't pay that they didn't know about, we can cause a lot of havoc there. Jerry Flannery: Commented that a mailing list is to be compiled of those different entities. The political parties within the County that have certain representatives that can get the word out to their constituents or candidates, stressing very strongly that the enforcement will be conducted. Bobby Sutton, Jr.: Will we contact them before we pull down a sign? Jerry Flannery: In most cases whenever we remove a sign we give the party, ample time to remove them, we do let them know. Sherry Miliner: What we might do, for all elections is contact the State Elections and County Elections and give them the information regarding our political signs and then that would be given to each of the candidates at that point and time. We could also do it with the school district, if we're aware of water districts and fire districts that are doing things that might overlap into the town we can try to notify them, but we may not get that out in time. Jerry Flannery: Stated that where the real difficulty is when somebody is running on a regional basis. A large area, part of the State or County, because they have to know all the different regulations, so a lot of times there's a very strong belief in some areas that through the Constitutional Rights, the political signs are exempt period. There are a lot of people who have been quoted saying that, which isn't the case especially in Marana. We do enforce it. Sherry Millner: Commented that both she and Vice Mayor liked a two week period to put signs up. I don't know what we decided, if to go 15 day or 30 day which will turn into 2 months because of the two elections. Mayor Honea: It will be 15 days prior and 5 days after, it'd be 20 days. Sherry Millner: And, if like he said, if it's in violation and you give them 5 days to pick them up and you've only got 15 days to put them up that's not too much time. Right now they have 2 weeks? Jerry Flannery: That's correct. If you have 100 signs, it's going to take you 5 days to post those signs and you're into your 15 day period. Sherry Millner: Doesn't feel they should be given too much time becanse they kind of forget. Jerry Flanoery: For clarification, if they're in an area where they're not supposed to be, they need to be pulled immediately. If they're in an okay area, but they just don't have the permit because they might not be familiar with the need for a permit in Marana, try to contact them, if they haven't heard yet that we have an ordinance. If they say, this is a free speech, then we pull it down and we enforce it. The leeway I would be giving to the people who are abiding by the current rules, give them a chance to realize what the new rules are. That's my opinion. Mayor Honea: In attempt to wrap this up, the two changes that what seemed everyone agreed to was to change it from Political Signs to Election Signs; and item C on exhibit A from 30 days to 15 days prior. Did anyone else have a change on the exhibit? Does Council wish to approve this as it is and modify it later? Are there any other comments from the public or Council? Ora Ham: Feels 30 days prior to an election is not an unusual long time. When you're running for State Elections and things like that, 15 days ahead of an election is not really enough time. Mayor Honea: Could you split it? Make it 15 for Local and 30 for the rest, or something? If you're running for a Statewide Office, it is such a major undertaking getting these signs placed and if you only have a 15 day window, we're going to pulling down signs for people running for Secretary of State or Governor and things of that nature because they're either up too early. Herb Kai: What about say across the board 20 days. Bobby Sutton, Jr.: Split the difference. l0 Dan Hochuli: I don't think you can divide it, the term "Equal Protection" from the Constitution is sort of bothering me. Tom Clark: I'd be willing to stay with 30 days. I don't mind the signs going up, it's how long they stay up after the elections are over that always bothered me. Sherry Millner: I want to find out how many days between the Prima~ and General Elections. Mayor Honea: They can only be up 5 days after the election. This 30 days is prior. Tom Clark: But if it's prior to the General, it could overlap. Bobby Sutton, Jr.: Commented people would leave them up because by the time you got a hold of them, it'll be time for the General. Sherry Millner: And they won't be enforced and they'll be getting away with it again anyway. Mayor Honea: Well I think we were trying to patrol ourselves somewhat, but 1 understand that if a State Office comes and puts a sign up we may have some trouble if we try to enforce it. Jerry Flannery: This is a thought that just come to me, but if there were 2 elections in a row, maybe we could modify the language in 'T' to say; Renewable fbr Consecutive Elections or something like that. For a new renewal fee of $25.00. Mayor Honea: I think we're getting some clarification here. Actually the 30 days would be prior to and if it ran 5 days after, that would take 35 off your 71 and it could still be down for about 6 weeks. Sharon Price: Feels the shorter amount of time they're up there the better. Mayor Honea: The only thing is, if we try to be rigid locally -- you're going to have individuals that are going to expect you to be rigid regionally as well Sherry Miliner: If they're up legally~ Mayor Honea: What I'm saying is if someone is running for Secretary of State or Governor or something of that nature, the signs are so expensive and it's such a major undertaking placing them and someone comes and places a sign running for Secretary of State, 40 days before the election or something like that -- we're going to have a problem. We're going to have to go out and take their signs down. Sherry Millner: Shouldn't they find out from each town what their sign code is? That's their responsibility not ours. Mayor Honea: 100 Towns and 20 Counties or something, you know. Sharon Price: We haven't discussed the Presidential Election, so if the President leaves the signs up too long, who do we go after ? Mayor Honea: We're really getting offthe track, do we have enough disagreement and stuffhere that maybe we can't even act on this thing, are we doing ourselves any good? Ora Harn: I'm going to stick with 30, I just think that it's a real job to get out and put up signs. Mayor Honea: Will someone make a motion, if it passes, it passes if it doesn't it doesn't. Who wants to make a motion? We're out of Public Hearing. A motion was made by Ora Harn for Council to approve Ordinance No. 97.02 - Amending Title 16, Section 16~11-4 of the Marana Land Development Code pursuant to the Planning Commissions recommendations with the deletion of Campaign and put in Election and keep it for 30 days, seconded by Herb Kal. Motion failed 3 to 4 with Mayor Honea, Sharon Price, Sherry Millner and Bobby Sutton, Jr. apposing. Mayor Honea: We have an impasse on the days I guess. A motion was made by Bobby Sutton, ,Ir., seconded by Herb Kal and unanimously carried to amending 30 days to 20 days prior and deleting the word Campaign and putting in Election. E. Lobbyist - Retaining the Services of a Lobbyist for Representation of the Town at the State and Local Level Don Copeland: Submitted a letter from one of the State Legislatures Office. Gave examples of why he believes the Town of Marana needs a Lobbyist. Feels Marana needs to be informed of appeals in the State Legislature that will affect tile City. One example he gave was the Tabacco Tax, the City could take advantage of money from the Tabacco Tax. Commented that as a lobbyist for the Town of Marana he could make sure the Town could get funds from nol only the Tabacco Tax, but also funds from the Lottery and Economic Development Department. What he's interested in doing is making sure the Town is aware of appeals before the State Legislature that would affect Marana as well as those that will help the Town. Commented that Globe, Nogales, Holbrook Arizona that take advantage of opportunities of Tabacco Tax Money, Lottery Tax Money, Department of Commerce Money. Mr. Copeland wants to inform this Council of how he cao help this City as a Lobbyist. Mr. Copeland thanked the Mayor and Council. Stated he would answer any questions. Bobby Sutton, Jr.: Expressed his concerns about Maricopa County has the power to get moneys from the State Legislature. Marana being a small town, how is a lobbyist going to help someone like us, with no real weight in the State Legislature, when Tucson has problems of it's own in getting money. He commented that it sounds like there are some things we should be getting, we just don't know about. 12 Don Copeland: As 1 would do as a lobbyist, I would lobby on behalf of the City, for example: the fund that you're not getting now, I would bring it to your awareness that you can have your City Manager put a proposal together and ! would lobby before them. Right now, no one is doing this for the City of Marana. I would also contact the State Legislature in this District, you have District 12 and 11 -- I would make sure they know what this City is concerned about because they are the people that vote. They vote in the Senate and also in the House. Tom Clark: Stated he would like some background information from Mr. Copeland, such as his background, education, and past experiences as a lobbyist. Commented he's dealt with a lobbyist with Farm Bureau, so he's a little bit aware of what his responsibilities are, Don Copeland: I was a student at the University of Arizona, I was a 198l Football player. [ got out of school in 1984, started a Trucking Company had that for a few years and now I'm a lobbyist. The clients I represent are such as Burr Brown, Hughes Aircraft, PACWAY Casa Grande, most of my lobbyist experience has been creating funds, going out for money from Tax Sales. 1 work more as a public worker. A good example is Casa Grande, Pathway, what I try to get more kids in their program. I've been doing this for 2 1/2 years going on my third year. I'm highly respected in the Democratic Party and also the Republican Party. l spend approximately 3 to 4 days a week in Phoenix in the State Legislature. There's no one in the House or Senate that 1 don't know personally. 1 work hard in this. This is something 1 love doing. 1 feel l could be a contribution to the City. Tom Clark: lfwe asked for your services on behalf of the Town of Marana, you would still have other clients? Don Copeland: He advised he carries three clients. Tom Clark: Asked if Mr. Copeland has ever worked as a lobbyist on behalf of a Town or City before. Don Copeland: Stated that be worked on a small portion for Water Rights for the City of Tucson, but not for a small Town. Ora Harn: Stated: We get a bulletin on a weekly basis from the League of Cities and Towns who lobby for Towns and Cities. She asked if Mr. Copeland is aware of and if he's ever spoken to the people at the League of Cities and Towns about issues that concerns cities and towns. Don Copeland: Commented that almost every City is part of the League of Cities. Also, feels Marana needs an individual lobbyist to inform of what bills would affect this City. 13 Ora Itarn: Asked if he would be able to keep the Town informed of what the Legislature's going to impose upon us, so that we would be constantly informed about what's coming out of the Legislatnre that might be detrimental to the Town? Don Copeland: Stated most definitely. What he would do is lobby on your behalf. Mayor Honea: Wanted to know how a retainer type situation is used. He asked if there is a certain amount of hours of time spent or is there a limit. He was wondering if Mr. Copeland charges an hourly rate plus a retainer, based on how much his services are used. Because there may be months the Town doesn't need him too much and then the next month we might need him a lot. Don Copeland: Commented he had discussed this matter with Mr. Davis, is a $25,000.00 retainer for me to represent you for the whole Session, for the whole six months and if there are any Special Sessions, he would also represent you on that behalf. If there was anything that would be after the Session -- he would be willing to sit down and discuss with the City Manager an increase, Bobby Sutton, Jr.: Feels it's a great idea, especially if you can get in with your contacts to funnel some money into the community that we're not even aware of. Stated that if the Town is going to pay $25,000.00 each quarter, he'd like to know what Mr. Copelands track record is with his other clients, such as Burr Brown. Don Copeland: Commented that without someone at the State Legislature there's no way of getting money, however if there is someone fighting for the Town there's a good positive chance of getting some funds. There's no way of getting all of the money requested, but he feels the City will be able to get some money from some programs. Bobby Sutton, Jr.: I believe Mr. Holub is listed, as our lobbyist right now, for the Town of Marana. Unfortunately we keep him pretty busy on water issues, we're very serious into our water issues right now. So, if this is something separate, I think it's a great idea because I think there are stuff up there that you're just missing because you not involved. I think it's something we should look into. Herb Kai: 1 think you understand what we all in the Council are concerned about - you know costs and what we get for our dollar. What if we had a particular issue with the Legislature and we needed somebody to fight for, would you work on a specific number of dollars by the hour or are there any kind of modifications that you could think about? Don Copeland: Commented it would be hard to guarautee, but with the retainer tee, that would allow him to attend meetings 3 to 4 days a week. lfthe City feels it's a good idea to go on an hour rate, he's willing. His goal is to represent the City of Marana. Herb Kal: Stated if we had just one issue, you know we'd send you out and see ~vhat you can be done. And we'd kind of know approximately what the cost would be. 14 Bobby Sutton, Jr.: Stated, if we know of an issue, we're going to have somebody on that anyway if it's that important. What has me concerned is the money that we're losing that we don't even know that we can get. Because a lot of that is out there you just need to know where to look. [fjust a small percentage of what we should be getting we could get, we'd cover that $25,000.00. Better yet, we may get some progran~s that we didn't know about that would really have some impact and some benefit for our citizens and I think that's the issue we should look at. I know we're not budget this year for it and that's another issue. Mayor Itonea: Commented when he asked Mr. Copeland to come back, his goal was for Council to be educated a little bit on what he could provide for us. He feels Council needs to look at it and if we have an issue and if we were to hire Mr. Copeland and were satisfied with his services or his representation of us, then we could look at doing this on an annual basis. Bobby Sutton, Jr.: You talked about the Tabacco Tax and the Lottery, in your opinion do you think there are some things up there currently that we could get on the board and maybe that would ease the Council and maybe we could try him out for a certain amount. Mayor Honea: We already get Lottery money. But is Tabacco Tax money is for specific programs? Don Copeland: They are for your kids, you can also get it for your development program too. Bobby Sutton, .Ir.: Maybe we should direct staff to get some bids put together or figure out something to entertain this idea. I feel educated on this -- this is about finding things that are available for small towns. We could even possible contact some of the communities he's talking about and talk to Council members or the Mayor and see what their lobbyist have done for them. Ora Itarn: Feels one of the advantages of having a lobbyist is the fact that you have somebody in Phoenix because things move quickly in the State Legislature. Something comes up and it's passed before you know that you have a problem or that there's something that you could take advantage of. Commented about Michael Rossy who is a lobbyist, was able to bring down to moneys that we got at the Cortaro Interchange when none of ns even knew that there was funds that could be available for that. Stated she thinks a lobbyist is a good idea, but first of all, do all of us think a lobbyist is a good idea ~- then decide what we want a lobbyist to do for us and then maybe negotiate with Mr. Copeland if we think maybe we wouldn't want to start out with $25,000.00 if maybe we would want to negotiate the price or something. Bobby Sutton, .Ir.: Stated that was an excellent point, we knew what we were going through to try to get that Cortaro/l-10 interchange with private funding - and STP wouldn't have known without Mike Rossy up there because that was a drawing board designed build plan they didn't even know what they were going to do. That is millions of dollars and about 4 years advanced on ADOT and that was something we knew about - we had an issue with - but we would have had no idea about that vehicle that is going to allow us to build that so much quicker and have ADOT eventually pay for it. That's a perfect example of some real good benefit that a lobbyist would provide. Sharon Price: Doesn't feel that we're ready for a full time lobbyist at this point. Feels it's something we need to look to in the future but I'm not ready to commit to it at this point. Ora Itarn: Thinks it's about time that we look beyond our borders and we look to what's happening in the state. Feels we need to start having some training ourselves and having Legislative days where maybe some of us or all of us go to Phoenix, meet with our Legislatures, begin to make ourselves known, l honestly think that it's important for us to know what's happening state wide. We want to do Tangerine Road, we're going to need somebody to help us try to get that working for us at the state level. 1 think there are some things we can use a lobbyist for. Mayor Honea: What's the council's opinion? Do you think we need to research this, Study Session and talk about it and discuss what we want to do. It seems as if every one of us has a different opinion. Ilerb Kal: Maybe we should form a committee. Bobby Sutton, ,Ir.: I'd be interested to see what Globe feels about it and Nogales. We have to figure out, everything comes out to a return on your investment. If we see some towns that are getting it with lobbyist, then we can see if Mr. Copelands contacts are what they are, I say a Study Session, a committee, something to look into those issues would be well worth our time and effort for our citizens. Mayor Honea: Which of you would like to work on a committee and come up with something. Contact some of the other communities, stay in contact with Mr. Copeland as well. See what we could come up with and one way or another. Vice Mayor Price and Council Member Sutton will work together and check with other communities and do some research. F. First Reading: Equal Employment Opportunity. Policy - Amendment to the Town Personnel Policy Adopting a Policy of Equal Employment Opportunity Jane Johnson: We have before you the first reading of the Equal Employment Opportunity Policy, in this policy are 4 statements: Non discrimination; reasonable accommodations; an affirmative action statement and enforcement and retaliation statement. I will entertain any suggestions or changes that you would like me to consider. At this time there is no action that can be taken because it will be coming back at a subsequent meeting. No action taken. G. Pima Association of Government Agenda - Review and Direction Ora llarn: Looks pretty harmless. 1 understand that we will have a new member on our PAG Regional Council for representing Pima County. I think Sharon Bronson is going to replace the County Representative, so that will be an interesting to sit back and watch the interaction between the City and the County now and see if that improves any or what's happening there. Mayor Honea: In case you don't know, Katie Doosenberry is now that ADOT Representative from Pima County and is a permanent member of the Regional Council, I think we were kind of instigators in getting that taken care of, so, hopefully that will come back aod benefit us somewhere on down the road. H. Mayor and Council's Rgp0r[ Mayor Honea: He was the guest speaker at the quarterly General Membership meeting of SABA last Tuesday night. He stated the Town of Marana was received graciously, the people in the Development Community, whether it be home builders or all of the service trades that work with them feel very good about the Town of Marana. He also met with Tom Barr and Bing Sherwood, on Monday, of Twin Peaks and discussed a few items in several changes that have been made in the project. At noon on the same day, he, Council Member Ham and Council Member Millner along with some staff members attended the Annual Presidents Day Bull Sale and Bar-B-Q at the Tucson Livestock Auction here in the north en& He apologized to any members who did not receive and invitation but advised it is an annual event that shows how the urban and rural cmnmunities can live together. He also met with Mr. Mike ingram from El Dorado, who talked a little more about their development and what they are doing over there. Sherry Millner: Stated she and Hurvie Davis attended a meeting, on February 5th, between the City of Tucson and the County. The meeting was about bond issues. She had lunch with Shirley Scott and Janet Marcus on the 14th, again the discussing was bond issues. She commented the play on Friday night was good and she missed everyone. Bobby Sutton, ,Ir.: Advised he met with Jack Neuback about their issues and tried to relate some of the issues being received from citizens. There is still a lot of work to be done, though. He stated Doug was trying to put forth, he believes in the development agreement. He told them that we would be open, communication wise to listen to what they had to say about what their perception of the development agreement. He also attended a Charter Government meeting with Hurvie. The Charter asked that we put down in writing what we would like to see that would help or benefit us. They are a group of people that are trying to make good decisions based on the information they get. He advised Hurvie is working on that. Herb Kal: No report. Sharon Price: No report. Tom Clark: Advised that Supervisor Bronson appointed him to serve on the Pima County Flood Control Advisory Committee, District 3. The first meeting is to be held tomorrow morning at 7:30. He and Council Member Ham last Saturdays opening of ASARCO's Mineral Discovery Center. They participated in the ribbon cutting and along with other representatives from several other entities. They got to cut a thin copper ribbon which was 99.96% copper. He advised Council to go down and see it when they have a chance. Ora Itarn: Stated it was very interesting. They took a tour of the mine and got to go in the mill. She commented the AS&R official came up and said how proud he was that we came down and mentioned that we had outdone the City and County by sending representation. She has met with Mr. Davis and with Jane Johnson and have started the process on the Assistant Town Manager. She advised all resumes should be into the Town of Marana by March 7. The selection committee will consist of 5 persons; 3 Council Members, someone from the school and Mr. Davis. She and the Mayor attended the Shoot Out on Saturday. Tedy Bruschi was there and gave autographs. It was a really great event, the money being raised there was for the different exchange clubs, in Tucson and they hoped to raise that day $50,000,00 between their casino and their other shoot out events. She and Mayor got to present a Key to the City to Teddy. Mayor Itonea: Also added that Mr. Bruschi was a very nice young person, he gave everybody an autographed pitcher. He is going to put one up in his office. The exchange clubs would be interested in forming an exchange club in Marana or have us be involved in one of theirs. It's a very worthwhile endeavor to raise money for abused children. L Man er' R orr There was none. FUTURE AGENDA ITEMS There were none. XI. ADJOURNMENT A motion was made by Bobby Sutton, Jr., seconded by Tom Clark and carried unanimously to adjourn the meeting at 8:54 P.M. CERTIFI_ _CATION hereby certify that tbe foregoing minutes are the true and correct minutes of the Regular Cp~nci[-Mcctin~¢.Marar~ Town Council held on February 18, 1997. I further certify that quorum was pr, ~ \