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HomeMy WebLinkAbout05/07/1991 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL MAY 7, 1991 Place Marana Town Hall IN ATTENDANCE Council Mayor Ora Ham Vice Mayor Bob McCrea Tom Hum David Morales Doug Mostyn Jo Rex Bill Schisler Staff Roy Laos, Town Manager Eileen Dilts, Town Clerk Harold Higgins, Town Attorney Charles Dinauer, Planning and Zoning Administrator Dale Bradshaw, Acting Police Chief Public Rev. Elwin A. Clifton, Jr., Council Member Elect Sharon Price, 7565 W. Yellow]noon Pl. Charlyne E. Abbett, 7505 W. Mountain Sky Helen Key, Council Member Elect Paul Doty, 12832 N. Sanders Rd. Randy Emerson, 33 N. Stone Ave., Tucson, AZ 85701 Woodrow Scoutten, Willdan Assoc., 1717 W. Northern, Michael Moore, Willdan Assoc., 1717 W. Ed Honea, Council Member Elect Larry Salisbury, Tucson Nelson Sabbe, Chamber of Commerce Dianne Smith, Valley Bulletin Dave Hays, Cooper & Hays Other members of the public Phoenix Northern, Phoenix I. Call to Order Mayor Ora Harn called the meeting to order at 7:00 p.m. II. Pledge of Allegiance Mayor Harn led the audience in the pledge of allegiance flag. to the III. Invocation A moment of silent prayer was observed. IV. Roll Call The Town Clerk called the roll, and all were present except Bob McCrea, constituting a quorum. Mr. McCrea arrived at the meeting at 7:05 p.m. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL MAY 7, 1991 PAGE 2 OF 8 V. Approval of Agenda David Morales asked why approval of the minutes of the April 22 meeting was not on the agenda. Mayor Harn said that was an Execu- tive Session only and minutes are not distributed. Bill Schisler moved to approve the agenda as presented. motion was seconded by Jo Rex and carried. The VI. Approval of Minutes David Morales expressed his wish to have at least a brief state- ment prepared of the April 22, 1991 Executive Session to be on file that such a session was held. The Clerk was directed to do this. A. Regular Meeting, April 16, 1991 David Morales moved to approve the minutes of April The motion was seconded by Jo Rex and carried. 16, 1991. B. Special Meeting, April 30, 1991 Tom Hum and Bill Schisler were absent from that meeting because they were not notified the meeting was to be held. David Morales moved to approve the minutes of the April 30, 1991 meeting with the stipulation that the reason for the absence of Mr. Hum and Mr. Schisler was stated. The motion was seconded by Jo Rex and carried, with Bill Schisler abstaining. VII. Petitions and Comments Leilani Schisler, 12561 N. White Ave., called Council's attention to the fact that the kmerican flag should be to Council's right and the Arizona flag to their left and asked that they be moved to the correct placement. Mr. Morales moved the flags to their correct positions. Nelson Sabbe, Chamber of Commerce, thanked Council for their past support for Marana businesses and asked for continued support. Doug Mostyn thanked Mr. Sabbe and all those who worked with him for the Sentimental Journey last Saturday night at Avra Valley Airport. VIII. Announcements Eileen Dilts expressed her appreciation for the plant sent last week for a death in the family. She also said she had earlier attended the wedding of Evelyn Casuga and had some pictures that may be seen after the meeting. David Morales announced that the Fire Department had voted on the final map of the fire district. It will be the town limits excluding that area served by Avra Valley, Picture Rocks, and Northwest Fire Districts, and including two miles north of Tan- MINUTES OF REGULAR COUNCIL MEETING MANANA TOWN COUNCIL MAY 7, 1991 PAGE 4 OF 8 Motion carried. IX. C. Police Chief Selection Process and Selection Committee Make-up Doug Mostyn said he agreed with the recommendation, but would like to have the council member replaced by a public citizen to serve on the selection committee. Mayor Harn would like to be an ex officio nonvoting member. It was agreed to have five finalists brought to the council for final selection. Discussion on having representatives from Department of Public Safety, Pima County Sheriff's Department, or Arizona Law Enforce- ment Training Academy on the committee was narrowed down to only the Pima County Sheriff's Department. David Morales moved to approve the Town Manager's recommendation for selection procedures for police chief with Town Council member changed to a business person and adding a representative from the Sheriff's Department, preferably Lt. Gagnepain. The motion was seconded by Jo Rex. Mr. Laos said the new council members showed interest in serving on this committee. Mayor Harn said she would appoint one of the new council members as an ex officio nonvoting member. Vote on the motion carried. After discussion regarding salary, David Morales moved to adver- tise for Police Chief at the salary of $35,000 per year. The motion was seconded by Bill Schisler and carried. Bill Schisler moved to have five finalists in the selection process. The motion was seconded by Doug Mostyn and carried. There was a break at 8:58 p.m., and the meeting resumed at 9:05 p.m. IX. D. Lease or Purchase of Four New Police Vehicles for the Marana Police Department Roy Laos gave background information on why he recommends the acquisition of four new police vehicles, and there was discus- sion. David Morales moved to approve the Town Manager's recommendation to lease purchase four new police vehicles. The motion was seconded by Bob McCrea and carried. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL MAY 7, 1991 PAGE 5 OF 8 IX. E. Significant Land Use Change Requests for Eastern Style Builders at 11320 W. Adonis and a Construction Yard Office by Burris Hennessy & Company at 13830 N. Adonis Mr. Dinauer said there was only one protest to this request, and not a close resident. David Morales moved to approve the signif- icant land use change requests for Eastern Style Builders at 11320 W. Adonis, and a Construction Yard Office by Burris Hen- nessy & Co. at 13830 N. Adonis. The motion was seconded by Doug Mostyn and carried. IX. F. Request to Approve a Marana Police Department Grant ~equest for a New K-9 Unit Bob McCrea moved to approve the Marana Police Department Grant request for a new K-9 unit. The motion was seconded by Doug Mostyn and carried. We expect to use a confiscated vehicle for this unit. IX. G. Pima County's Request to the Town of Marana to Withdraw its March 14, 1991 Protest Letter to the State Land Department for the Expansion of the Tangerine Landfill No one was present from Pima County. Mayor Harn said she met with Bob Condit, Chuck Huckleberry, and Reg Morrison. They are working with us to be sure we have bank protection. The County Supervisors have voted not to enlarge the landfill until the Marana Town Council approves. Mayor Harn said she felt we should withdraw our letter of protest and let them buy the land. This does not mean we are saying they could enlarge the landfill. Harold Higgins, Town Attorney, said he felt the letter was our best leverage. Our protest was the only impediment to the pur- chase. When that protest is gone, it's gone. Mayor Harn felt if we do not withdraw this protest, we will be shutting the door on bank protection negotiations. Doug Mostyn felt we should hold on to this letter of protest until we can do more negotiating. From his visits to the dump, he sees no results from the promises of the last meeting. Tom Hum felt that timing is perfect now to negotiate, and we could withdraw with conditions. David Morales agrees that we should not withdraw this letter. We have to weigh whether we want bank protection or clean water. He felt our water will soon be contaminated from the present land- fill. The County has to give us flood protection. Marana can have only one dump. Are we going with Pima County or Waste Management. Mayor Harn does not wish to discuss Waste Management with this issue. Mr. Morales said he made the original motion to send the letter and does not want it withdrawn. MINUTES OF REGULAR COUNCIL MEETING ~A TOWN COUNCIL MAY 7, 1991 PAGE 6 OF 7 Bob McCrea believed the questions asked Pima County at the last meeting were evaded as they did not want to give us a direct answer. He cannot go along with withdrawing the protest. Why is it that now bank protection is contingent upon the landfill expansions? Bill Schisler reminded Council that at the last meeting he brought up a list of conditions the County should adhere to should Council agree to give them the go ahead. He does not mind the County buying the land if they don't use it for a landfill expansion. There is now so much litter approaching the landfill and there is too much odor. David Morales said everybody knows the purpose of the County's buying the land is to expand the landfill, as they stated it was. Nelson Sabbe, 13418 N. Sandario Road, said he is amazed and discouraged, as he expected to walk in here and hear a unanimous "no way". We were concerned about the body shop putting pollu- tants in the air, while 800 tons of garbage goes into a water way per day. As of July 1, it will be against the law to do that. The Chamber of Commerce and 86 business are opposed to the expan- sion. Doug Mostyn moved to continue this letter of protest, as well as negotiations as recommended by the Town Manager and as Councilman Schisler outlined tonight, to the next meeting. The motion was seconded by Jo Rex. There was further discussion, and Councilman Elect felt we cannot trust the County and should not protest. We don't have the money to fight them. Eddie Honea withdraw the Doug Mostyn displayed some of the items he picked up at the dump and samples of the liner. Vote on the motion carried, with David Morales voting "no". Mr. Morales favored tabling the matter indefinitely. IX. H. Approval of a Qualified Annexation Petition, Ordinance 91.10 an Ordinance Annexing into the Town of Marana the (North- gate) Tempo Investments Bill Schisler moved to approve Ordinance 91.10, annexing into the Town of Marana the (Northgate) Tempo Investments. The motion was seconded by David Morales and carried. IX. I. Reconsideration of the Mutual Agreement Between the Town of Marana and the Marana School District on Marana Park Mainte- nance Issues. Bob McCrea asked how the Town of Marana can legally not charge MINUTES OF REGULAR COUNCIL MEETING REGULAR COUNCIL MEETING MAY 7, 1991 PAGE 7 OF 8 one segment of the Town and charge other segments of the Town for use of the Park, specifically the school district, students and employees. Mr. Laos said the land is owned by the district. As the property owner, they have a right to use the property. David Morales said the ideal situation is for a town to own a park adjacent to a school and for the school to use it. A park should be used. The school had agreed to mow, water, fertilize and trim trees at a cost of $2,500 every six months. Now they are not doing that, and Town personnel has assumed this care. David Morales moved to approve the Town Manager's recommendation to reconsideration of the mutual agreement between the Town of Marana and the Marana School District and related maintenance responsibilities. Doug Mostyn seconded the motion. Bob McCrea had questions on how one person can care for the park and maintain the ancient equipment. Mr. Laos stated that our employee is making only minimum wage. Roll Call vote: Vice Mayor McCrea, no Tom H~m, yes Doug Mostyn, yes David Morales, yes Jo Rex, yes Bill Schisler, yes Mayor Ham, yes. Motion carried. IX.J. Mayor's Report Mayor Harn said the report would be continued to the next meet- ing. She reported attending the Muscular Dystrophy Celebrity banquet and that Mr. Laos played in the golf tournament. IX. K. Legal Report The report was in the packet. Mr. Higgins said there has been an appeal by the Centric Jones Company concerning their $90,000 sales tax audit. IX. L. Manaqer's Memo Mr. Laos said that the Centric Jones case should be handled by a specialized attorney, and Mr. Higgins agrees with this decision. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL MAY 7, 1991 PAGE 8 OF 8 Mr. Laos announced the ceremony of administrating the oath of office to the newly elected council members will be May 24, 1991 at 3:30 p.m. and invited all to attend. X. Future Agenda Items David Morales suggested a special council meeting on 1991 to complete any unfinished business. There was no for this suggestion. May 30, support Bob McCrea suggested a recycling ordinance for the May 21 agenda. Doug Mostyn and Jo Rex supported this item. Doug Mostyn suggested a bed and booze tax for the first meeting in June. David Morales and Mayor Harn supported this. Mr. Laos said we already have a bed tax, but it could be increased. The item will be brought back for clarification. There is a workshop set for June 17 for new council members, also a retreat at a later date. and XI. Adjournment Doug Mostyn moved to adjourn at 10:30 p.m., Morales. Motion carried. seconded by David Certification I hereby certify that the foregoing minutes are a true and cor- rect copy of the minutes of the regular meeting of the Town Council of Marana held on the 7th day of May, 1991. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of May, 1991. G. Eileen Dilts, Town Clerk