Loading...
HomeMy WebLinkAbout07/05/1994 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL JULY 5, 1994 PLACE AND DATE: Marana Town Hall, June 21, 1994. I. CALL TO ORDER By Mayor Ora M. Ham. Time: 7:16 P.M. II, PLEDGE OF ALLEGIANCE Led by Mayor Ora M. Harn. I1~1. INVOCATION/MOMENT OF SILENCE Led by Mayor Ora M. Ham. Ur. ROLL CALL COUNCIL Ora M. Harn Mayor Sharon Price Vice Mayor Tom Clark Council Member Ed Honea Council Member Herb Kal Council Member Betty Horrigan Council Member Helen Key Council Member STAFF: Hurvie Davis Sandra L, Gmseclose Dan Hochuli Kelly Schwab Dave Smith Russell Dillow Gerald Flannery Roy Cuaron Dan Groseclose Mamia King Town Manager Town Clerk Town Attorney Town Attorney Police Chief Magistrate Planning Administrator Finance Administrator CDBG Coordinator Volunteer Manager Assistant 19 members of the Public. ¥. APPROVAL OF AGENDA A motion was made by Ed Honea, seconded by Betty Horrigan and carried unanimously to approve the agenda as read with the changes that Order of Business Item X-E to precede Item X-A, Item X-D to precede X-C and item X-C to follow Item X-D. VJ. APPROVAL OF MINUTES ~. Regular Meeting. June 21. 1994. A motion was made by Tom Clark, seconded by Helen Key and carried unanimously to approve the minutes of June 21, 1994. VII. PETITIONS AND COMMENTS None. VIII. ANNOUNCEMENTS None. IX. PUBLIC HEARINGS A_. Public Hearing Regarding The Scenic Farms Rezoning Of Aooroximatelv 34.6 Acres Located On The South Side Of Pima Farms Road. A motion was made by Ed Honea, seconded by Tom Clark and carded unanimously to enter into Public Hearings. Time: 7:22 P,M. Gerald Flannery gave a summary. Gordon Stone, 4911 E. Broadway Blvd., Tucson, Sellibar & Associates: He introduced Phil Amos, President of Scenic Farms Limited Partnership and gave details on the rezone proposal and development. A motion was made by Ed Honea, seconded by Sharon Price and carried unanimously to exit Public Hearings. Time: 7:30 P.M. X. ORDER OF BUSINESS _A. Reauest For Approval Of Rezonina Of Scenic Farms. Ordinance 94.08 [FOLLOWS ITEM X-E] Dan Hochuli stated that there were typographical errors in the Ordinance included in the Council packets and gave corrected copies to the Council Gerald Flannery stated that he had nothing more to add to this Item. The Planning Commission and Staff recommend approval. A motion was made by Ed Honea, seconded by Sharon Price and carried unanimously to approve Ordinance 94.08 which approves the rezone request to R-36. _B. EXECUTIVE SESSION PURSUANT TO A.R.S. 38-431.03 {A){4) CONSULTATION WITH THE ATTORNEY OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEY REGARDING THE PUBLIC BODY'S POSITION IN CONTEMPLATED LITIGATION WITH MANAG_EM_ENT TI~AINING CORPORATION AND ARIZONA DEPARTMENT OF CORRECTIONS. A motion was made by Tom Clark, seconded by Ed Honea and carded unanimously to move to Executive Session. Time: 7:41 P.M. Retum to dais. All Council Members present. Time: 8:25 P.M. C. Resolution 94-15: Adoption Of Contract Between Management Training Corporation and Town Of Marana. [FOLLOWS ITEM X-DJ Dan Hochuli addressed the Council, gave a brief overview of the contract, stated that there were some changes. On page 2, at the part that says "...up to MTC's insuranca policy limits" at paragraph 1.4 the words "up to" be changed to "to the extent of" so that the change will be something like "that they will indemni~ us to the extent of their insurance policy limits." In addition to that change, Mr. Hochuli wanted "we would not only be a named insured, but that they would not cancel the policy without us knowing about it." Paragraph 1.4 would read: "MTC shall provide the Town with a certificate of insurance evidencing the policy described herein and shall include a clause to the effect that the policy shall not be canceled, or coverage reduced, restricted or limited until 30 days after the Town has received wdften notice by certified mail of the proposed action." Another change, to page 3, paragraph 1.10, concems the payment of fees if a lawsuit occurs. Next, on paragraph 2.1, the paragraph stating that the MTC facility will remain a minimum security facility, MTC had difficulty with the words "as may be approved by the Town." In paragraph 2.3, there ara two changes: "Two signs will be permitted on interstate 10..." to be removed and at the part that says "All on-site signage whether on private land or public land and all other written material pertaining to the facility will refer to the facility as the Marana Community Treatment Facility." In paragraph 4: removed is the phrase "any applicable Federal, State, or local laws." Added were the words "Marana law." The new phrase is: "Any violation of this agreement by MTC or any other entity contracting with MTC in relation to the facility shall be treated as a violation of the Town of Marana Development Code, this Agreement and Marana law." In the next sentence, the phrase "this shall include...", the word "this" was changed to "such violation". In paragraph 4.3, the words "in which the violation" are replaced by "for each day a violation". Following the word "remedied" added are the words "after expiration of the ten day cure period." Tom Clark asked about page 4 number 3 to make sure the word "pure" was stricken. Dan Hochuli confirmed the removal of the word. JULY 5, 1994 A motion was made by Ed Honea, seconded by Betty Horrigan and carried 4-3 with Tom Clark, Herb Kal and Helen Key voting no to approve Resolution 94-15 adopting a contract between the Town of Marana and Management Training Corporation as amended. A motion was made by Ed Honea, seconded by Betty Horrigan and carried 4 to 2 with Helen Key abstaining and Tom Clark and Herb Kal voting no to reinstate MTC's building permit. Recess. Time: 9:10 P.M. Back in session. All Council Members present. Time: 9:24 P.M. _D. Resolution 94-16: Adontion Of Contract Between Arizona Department Of Corrections And Town Of Marana. [PRECEDES ITEM X-C] Dan Hochuli addressed the Council, gave a brief overview of the contract. He stated that there have been four drafts of the contract. The penalty clause has been removed from this contract and the contract with MTC. There have been some other small changes. Ed Honea asked about page 5 of 9 section 3.1, suggested that the word "pure" be removed as being too vague. Dan Hochuli concurred, mentioned a change on page 5 of 9 section 2.5: "... and any entity it is contracting with relative to the facility." Tom Clark asked about page 5 of 9 section 2.4 on the freeway signage and whether the signs would have to be enlarged to accommodate the extra wording. Dan Hochuli agreed that the signs may have to be larger and does not have a problem with that. Tom Clark was concamed that the signs may cause anxiety in the signs' observers. Ed Honea called for a roll call vote. A motion was made by Helen Key, seconded by Tom Clark and failed 4-3 with Ed Honea, Sharon Price, Betty Horrigan and Mayor Ora Harn voting no to approve the contract with the Town of Marana the Arizona Department of Corrections with the corrections and Exhibit A, items 1 - 17 only. A motion was made by Ed Honea, seconded by Sharon Price and carried 4-3 with Helen Key, Tom Clark and Herb Kal voting no to approve Resolution 94-16 adopting a contract between the Town of Marana and the Adzona Department of Corrections with the correction of Exhibit A, items %44 excluding items 35 and 36. Dan Hochuli stated for clarification that items 35 and 37 were repetitive. Tom Clark stated that he disagreed with the second motion due to the inclusion of additional A.R.S. statutes. Ed Honea asked for another roll call vote. ~=. Letter Of SuDport For ASARCO. Inc.. Silverbell Unit. ReauestForAauiferProtectionPermit#P-100510 [PRECEDES ITEM X-A] Hurvie Davis gave a summaPJ, recommended that Council support the permit. David Duncan, Operations Manager, Silverbell mine: Introduced Derek Cook, ASARCO Planning Engineer. Tom Clark asked about housing. Mr. Duncan said that there would not be housing. Tom Clark asked about the need for the permit. Mr. Duncan stated that a permit is required to protect groundwater. ASARCO would use about 300,000,000 gallons per year. A motion was made by Ed Honea, seconded by Sharon Price and carried unanimously to direct Staff to write a letter to be signed by the Mayor supporting ASARCO's request for aquifer protection permit request. Resolution 94-13: Adoption Of Intergovernmental Agreement With Pima County_ - Creating A Joint Housing Program. Hurvie Davis introduced the item. Dan Groseclose, 14200 W. Imogene PI, Marana: He addressed the Council, bdefly explained how the program works. A motion was made by Tom Clark, seconded by Betty Horrigan and carded unanimously to approve Resolution 94- 13 adoption an intergovernmental agreement with Pima County creating a joint housing program. Resolution 94-14: Approval Of Agreement Between The Town Of Marana And Marana Health Cepter For CDBG Funds For The Senior Citizens Prescription Program. Hurvie Davis introduced the Item. Mayor Ora Harn declared a conflict of interest because she is employed by the Marana Health Center and left the dais. Dan Groseclose addressed the Council and explained the agreement. A motion was made by Ed Honea, seconded by Betty Horrigan and carried 6-0 with Mayor Harn abstaining to approve Resolution 94-14 adopting an agreement between the Town of Marana and Marana Health Center for CDBG funds for the Senior Citizens Prescription Program. Mayor Ham returned to the dais. Resolution 94-11: Adoption Of Agreement For Personal Services Between Dan Gr_oseclo_$e ~nd Tow!! Of Marana For Administration Of The Town's Community_ Developmept BI_pek G_!'~n~, Hurvie Davis introduced the Item. Dan Groseclose provided additional information and answered questions from the Council. Roy Cuaron stated that his recommendation would be that no more than 20% be spent on any one project. Ed Honea suggested that more work be done on the agreement and that Hurvie Davis, Dan Groseclose and Roy Cuaron should get together and come back with an agreement. ApPointment To The Pima Association of Governments "Youth Issues Committee". Mayor Harn stated that she is appointing Betty Horrigan to the Youth Issues Committee. Hurvie Davis supported the Mayor's choice and suggested that the Town vehicle be used for travel. A motion was made by Sharon Price, seconded by Tom Clark and carried unanimously to approve the Mayor's appointment of Betty Horrigan to the Youth Issues Committee. J. Discussion Of Marana Art Ob_iect. Tom Clark introduced the Item, stated he would work with [Leilani] Schisler on funding for the plaque. Mayor Harn suggested that the dedication ceremony be coupled with another activity such as Founders Day. A motion was made by Ed Honea, seconded by Herb Kal and carried unanimously to approve the dedication ceremony of the Marana Art Object with the purchase of a plaque with name of artist and names of donors. _K. EXE_CUT!VE _SESSION PUR_SUANT TO A.R.S. 38-431.03 (A)(1} FOR OI_SCU_SSION AND C_ONS!_DERA~ION OF SALARY FOR THE TOWN MANAGER. A motion was made by Sharon Price, seconded by Betty Horrigan and carried unanimously to go into executive session. Time: 10:15 P.M. Return from executive session. All Council Members present. Time: 10:32 P.M. L. Salary Plan. Hurvie Davis addressed the Council. Marcia King explained the Salad/Plan. Ed Honea stated that he approved of the plan. A motion was made by Ed Honea, seconded by Tom Clark and carried unanimously to approve the salary plan for implementation with the FY 1994-5 budget year and further recommend that a classification plan be conducted to be submitted with the FY 1995-6 budget with Hurvie Davis' salary to be $65,000 [per year]. Hurvie Davis thanked the Council on behalf of himself and all Town employees. M. Soace Needs For Ogerations Of The T_own Marcia King addressed the Council, provided details on departmental space needs and answered questions. A motion was made by Ed Honea, seconded by Helen Key and carried unanimously to authorize the Town Manager to negotiate a better lease agreement for the Marana Center at 13553 N. Sanders Road, Marana for a pedod of time not to exceed three years or check into the possibility of pumhasing the building and that Staff be directed to complete a five-year Capital Facilities Plan including financing for approval Discussion/Adoption Of Town Of Marana Budget For FY 1994-5, A motion was made by Ed Honea, seconded by Betty Horrigan and carried unanimously to adopt the tentative budget for FY 1994-5 at $9,326,452. Mayor's Regort_ Mayor Ham reported that she will leave on vacation on July 12, 1994, at 9:00 P.M. and will return on July 25, 1994, and be back on duty the following day. _P. Town Manager's Report Hurvie Davis reported on the Producers Cotton retention basin. With Herb Kai's help the letter was forwarded to Producers Cotton officials in California. Company officials told Mr. Davis that the retention pond would be either fenced or filled in. ~_1. FUTURE AGENDA ITEMS None. XlJ. ADJOURNMENT A motion was made by Betty Horrigan, seconded by Ed Honea and carried unanimously to adjourn. Time: 11:25 P.M. AUDIO TAPES OF THE MEETING ARE AVAILABLE AT THE MARANA TOWN HALL CLERK'S OFFICE CERTIFICATION I hereby certify that the foregoing minutes are the tree and correct minutes of the Regular Council Meeting of the Marana Town Council held on July 5, 1994. I further certify that a quorum was present. ~LERK H :WI:IN UTES~4.MIN\07-05~94.MIN Prepared by Colin L. Miller, 7/10/94 Meeting length: 4.25 hrs.