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HomeMy WebLinkAbout11/07/1995 Regular Council Meeting MinutesPLACE AND DATE Marana Town Hall November 7, 1995 I. CALL TO ORDER By Mayor Honea at 7:07 p.m. II. PLEDGE OF ALLEGIANCE Led by Mayor Honea III. INVOCATION Led by Mayor Honea IV. ROLL CALL COUNCIL Ed Honea Sharon Price Tom Clark Ora Mae Harn Sherry Millner Herb Kai Bobby Sutton Jr. STAFF Hur~e Davis Dan Hochuli Sandra Groseclose Roy Cuaron Dave Atler Brad DeSpain Hugh Holub 5 Members of the Public Mayor Vice-Mayor, excused Council Member Council Member Council Member Council Member Council Member Town Manager Town Attorney Town Clerk Finance Director Town Engineer Utilities Director Town Water Counsel V. APPROVAL OF AGENDA A motion was made by Ora Harn, seconded by Tom Clark and carried unanimously to approve the agenda as written. VI. ACCEPTANCE OF MINUTES A motion was made by Sherry Mlllner, seconded by Ora Ham and carried unanimously to approve the minutes of the Regular Council Meeting of October 17, 1995. VII. CALL TO THE PUBLIC Russell Dillow, Town Magistrate: Judge Dillow introduced the new Court clerk, Nancy Reynolds. VIII. GENERAL ORDER OF BUSINESS A. EXECUTIVE SESSION - Pursuant to A.R.S. 38-431.03{A) (4) for discussion and consultation with the Marana Town Attorney in order to consider the Town's position and instruct its attorneys regarding the pending lawsuit, City of Tucson v. Town of Marana, No. 298514. B. EXECUTIVE SESSION - Pursuant to A.R.S. 38-431.031A} (4] for discussion and consultation with the Town Attorneys in order to consider the Town's position and instruct its attorneys regarding Marana's position in the pending litigation on "Marana v. Li'l Abner's". A motion was made by Ora Harn, seconded by Herb Kal and carried unanimously to enter into Executive Session. Council returns from Executive Session. TIME: 8:45 p.m. C. Discussion and Action - Regarding the pending status of the pending litigation titled City of Tucson v. Town of Maraua~ No. 297514 and its current status~ trial date, trial preparation and settlement options. Rurvie Davis: This item is one that stems from the annexation of the Ina/Thornydale area approximately two years ago. The City of Tucson filed a lawsuit challenging the validity of the Town of Marana's action. We have been providing services and collecting taxes in this area. The matter goes back to the Superior Court to start the entire process over again. As a result of this process Mr. Davis has been attempting to reach negotiations with the City of Tucson. He has prepared an Intergovernmental Agreement along with Mr. Hochuli, between the Town of Marana and the City of Tucson in which if the IGA is approved we will take certain actions relative to the pending Sunset Road annexation. As well as property that is currently in the Town of Marana south of Orange Grove Road. Upon the siF~ning of the IGA between the Town and the City of Tucson it would call for the dismissal of the litigation on the lawsuit, where upon the matter of the Ina/Thornydale annexation would be resolved. Dan Hochuli: There is a resolution in adopting the IGA, Resolution No. 95-63. A motion was made by Ora Harn, seconded by Bobby Sutton Jr. and carried unanimously to approve Resolution No. 95-63. D. Discussion and Action - Progress~ settlement or dismissal of "Marana v. Li'l Abner's" A motion was made by Ora Harn, seconded by Bobby Sutton to remove Item D from the Agenda. E. Appointments - Two appointments to the Marana Municipal Water Utility Committee. Hurvie Davis: This item was before Council previously, where Council agreed to expand the Water Advisory Committee from five to seven members. We have two candidates before Council this evening that Staff would recommend for approval. A motion was made by Bobby Sutton, seconded by Tom Clark and carried unanimously to appoint William Boyd Roberts and Stanley Klos to the Marana Municipal Water Utility Advisory Committee as members-at-large for terms to be determined respectively. F. Proposed Water Rate Increase - Discussion of Marana Municipal Water UtilitV Advisory Committee's recommendation of water rate increase. Hurvie Davis: The Town's Municipal Water System is set up to operate as an enterprise system, the last few years it has not been operating to cover it's full expenses. Mr. DeSpain and Mr. Cuaron have been meeting with the Water Advisory Committee in analyzing the costs and revenues to operate the system. It is time that we give consideration to increasing the water rates to make it more of an enterprise operating system. Brad DeSpain: Mr. DeSpain went over information that was included in Council's packet. The average water bill is $32.73, it would increase about 11%. Mayor Honea: The installation charge almost doubled from what it currently is. We were a little bit reluctant to raise the usage rate up to where it would satisfy the operating expense of the company at this time. Brad DelSpain: The reason it is not at the same 11% is this more correctly reflects the actual charge to install. With the previous rate there was no consideration for the additional demand charge that the extra hook up created on the system. You need to start evaluating. You get into the water business because there is a point in time when the next customer you put on you have to change the pressure pump. You need to be building those funds up so you can go to the next size pressure pump. These charges are being taking into consideration. Bobby Sutton: He is in full support of an 11% increase. Brad DeSpain: He would like comments from Council as to whether this looks pretty good or not. Hurvie Davis: We wanted to bring this to Council tonight to share it with you. If there are any particular problems or suggested changes we would like to receive that direction this evening. We also sent out a notice to the water customers indicating that this item was going to be discussed by the Council this evening. Ora Harn: She feels very comfort-able that we made a very wise decision when we appointed the Water Advisory Committee. Mayor Honea: It appears that Council concurs with this proposal. G. Ordinance No. 95.28 and Resolution No. 95-61 - "Real Property Administrative Appeals Dan Hochuli: There was a perceived problem with Towns making property owners give up to much property in return for development. A number of those cases were being lit/gated across the Country. The most common problem was that if you wanted to go in and do a remodel on yonr house you would go in to get your building permit and they would give you the permit but in return for that they would want the property owner to give them something. The Arizona Legislature wanted to make sure that everyone in Arizona was following the Supreme Court cases so they passed a statute that was known has House Bill 22-29. What it does is it first says that everybody out there needs to follow the Nolan and Dolan cases. You have to follow the case law, you have to create an appeal process for the people involved and you have to report back to the State on what your Town is doing to deal with this problem. We have created an appeals process in this Resolution and Ordinance. We have prepared a notice that is to be given out to property owners on the rights they have. The Town Manager will be the hearing officer when an appeal would come up. A motion was made by Bobby Sutton Jr., seconded by Sherry Millner and carried unanimously to adopt Resolution No. 95-61 and Ordinance No. 95.28 making public and adopting the ~Real Property Administrative Appeals Procedures" pertaining to appeals of administrative acts in relation to rezonings and variances. H. Negotiations Purchase of retail water system from Cortaro Water Users Association/Cortaro Marana Irrigation District {C.W.U.A./C.M.I.D.) Hurvie Davis: For the last four or five years the Town and the water systems have been negotiating for the purchase of the districts. This past January the negotiations were tabled. He received a letter from the Irrigation District and Water User's Association asking that we reopen the negotiations. Staff's recommendation to the Council is to set up a four or five person committee of the Town Council and Mr. DeSpain or himself. This committee would be set up to continue negotiations on the purchase of these water systems. A motion was made by Ora Harn, seconded by Tom Clark and carried 5 to 0 with Council Member Herb Kal abstaining from the vote to direct the Town Manager to set up a committee of five to meet with the Cortaro Water Users Association and the Cortaro Marana Irrigation District to develop an acceptable agreement regarding the Town's purchase of the retail water systems facilitates from C.W.U.A./C.M,I.D. I. Resolution No. 95-62 - Enrollment as a Member Service Area of the Central Arizona Groundwater Replenishment District {C.A.G.R.D.} Hurvie Davis: This is a continuing step in the Town obtaining a 100 year assured water supply. Mr. DeSpain and Hugh Holub are here this evening to speak on this item. Brad DeSpain: This is the fourth of five steps in obtaining our designation of assured water supply. The Resolution and the service area agreement will have to be published in its entirety including the maps enclosed in Council's packet. We need to get ali of this done by November 30, 1995. The copy of the agreement and the Resolution will be sent to the Arizona Department of Water Resources. Hugh Holub: We are basing the assured water supply on relying on the ground water in the Town. We have already proven to the Department of Water Resources that we have 60,000 acre feet of ground water available to the Town. Once we get the membership completed we're anticipating the designation of assured water supply sometime in December. A motion was made by Herb Kal, seconded by Ora Harn and carried unanimously to adopt Resolution No. 95-62, authorizing the Town to enter into an agreement with the Central At:lzona Groundwater Replenishment District as a Member Service Area. J. Resolution No. 95-60 - Intergovernmental Agreement (IGA) with Pima County regarding construction administration for Santa Cruz River Emergency Repair Pro|ect at Cortaro Farms Road. Hurvie Davis: In January of 1993 we had flooding on the Santa Cruz which washed out some of the wing wall protection for the Cortaro Road bridge. Emergency replacement moneys were made available from the Federal Highway Administration. This project will be going into construction within the next couple of months. Normally when there are federal funds involved in a project the State Department of transportation administers the project. In this case since it is not a normal project they have asked us to enter into an Intergovernmental Agreement with Pima County Department of Transportation and Flood Control District who is certified by the federal agency to administer federal highway projects. We are recommending that Council approve this agreement with Pima County. A motion was made by Ora Harn, seconded by Tom Clark and carried unanimously to adopt Resolution No. 95-60 authorizing the Town to enter into an IGA with Pima County relating to construction administration and survey at the Santa Cruz River Bank Protection project at Cortaro Farms Road. RECESS K. Resolution No. 95-63 - Intergovernmental Agreement (IGA[ with Arizona Department of Transportation (ADOT[ regarding administration of federal funding for Santa Cruz River Emergency Repair Pro|ect at Cortaro Farms Road. Hurvie Davis: Mr. Davis asked that this item be continued. The State Department of Transportation asked the Town to provide them with the IGA with Pima County prior to them sending the IGA to us that we would enter into with the State Department of Transportation. This item will be brought back at the next Council meeting. L. 401~a~ Retirement Plan Loan Guidelines - Criteria by which loans will be allowed to Town employees. Hurvie Davis: We set up a retirement plan for the classified employees in July of 1995. That plan allows for employees to obtain loans against the amount of retirement funds that they have available, Roy Cuaron: There are five questions that require decisions from the Mayor and Council. Under Section 2, from what moneys can the employee obtain the loan. There are two options, one is from the Employer Contribution Account or from both the employer and the employee contributions, Hurvie Davis: He would suggest that Council take action on each of these five items individually. Bobby Sntton~ Jr.: He would like to know what Mr. Davis' suggestions are for each item since he has dealt with this type of plan before. Hurvie Davis: His recommendation would be to not allow loans at all. Retirement funds are for retirement and the people that will get the loans are people that will need the retirement the most when they reach that age. In the absence of that he would suggest to have loans available from the employee account only. A motion was made by Ora Harn, seconded by Bobby Sutton Jr. and carried with Mayor Ed Honea voting Nay to allow loans only from the participants account. Roy Cuaron: The next item is for what purpose can a loan be obtained. A motion was made by Bobby Sutton Jr., seconded by Ora Ham and carried unanimously to allow loans for hardship cases only. Roy Cuaron: Frequency of loans, the first option is that the participant can only have one loan per calendar year and one outstanding at any time. The second option is one loan per calendar year but more than five outstanding loans at any one time. A motion was made by Ora Harn, seconded by Herb Kal and carried unanimously to allow only one loan per calendar year and one outstanding loan at a time. Roy Cuaron: The next question is the length of loan. We need to state over how many years that loan can be made. The maximum is thirty years. Sherry Millner: If someone takes out a loan for a home for 30 years and they only work for the Town for five years, who makes them repay that loan. Roy Cuaron: Once employment is terminated then it becomes the responsibility of ICMA and the employee, the employer is out of the picture. Mayor Honea: They can only borrow up to 50% of their vested interest, it would be their own money. A motion was made by Sherry Millner, seconded by Herb Kal and carried 4 to 2 with Council Members Ora Harn and Bobby Sutton Jr. voting Nay to have the length of loan set at five years. Roy Cuaron: The last question that needs to be answered deals with when an employee leaves the Town's employment, what happens to the loans. There are three options. Mr. Cuaron feels that once they separate from employment all loans should be due and payable. Bobby Sutton Jr.: If an employee has a loan out and is separating from the Town we should take the money still due on the loan out before disbursing the remainder. A motion was made by Bobby Sutton Jr., seconded by Ora Ham and carried unanimously that all loans are due and payable when a participant receives a distribution of part of his/her account balance after separation from service. The amount of the outstanding loan balance will be reported as a distribution in addition to the amount of cash distributed from the plan. M. Mayor's Report Mayor Honea: The primary activity he has been working on the past couple of weeks is working with Mr. Davis and Mr. Hochuli in the negotiations with the City of Tucson. He is very pleased with what is going on and he thinks a lot of hard work has been done by all. N. Manager's Report Hurvie Davis: Mr. Davis will provide Council with a written report. He has one item he would like to add. We recently had three employees that attended a seminar on violence in the work place, those three then discussed that issue at the Staff meeting. IX. FUTURE AGENDA ITEMS Tom Clark: He would like to discuss the parking at the Marana Park. 5 Ora Harn: She has been approached by a number of citizens in the Community who are concerned about our school system and the blue flu. A number of them would like to discuss the problems that exist within the school system. She would like to have this issue on a future agenda, how the Council can help out on this issue. X. ADJOURNMENT A motion was made by Bobby Sutton Jr., seconded by Tom Clark and carried unanimously to adjourn. TIME: 9:57 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 true and correct minutes of the Regular Council Meeting of the Marana Town Council held on November 7, 1995. I further certify that a quorum was present. CLERK