HomeMy WebLinkAbout10/03/1995 Regular Council Meeting MinutesPLACE AND DATE
MaranaTown HallOctober3,1995
I. CAI, L TO ORDER
By Mayor Honea at 7:04 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
Hume Davis
Dan Hochuli
Sandra Groseclose
Jerry Flannery
Dave Atler
John Siath
Roy Cuaron
13 Members of the Public
Mayor
Vice-Mayor
Council Member, excused
Council Member, excused
Council Member
Council Member, excused
Council Member
Town Manager
Town Attorney
Town Clerk
Planning Administrator
Town Engineer
Town Engineer
Finance Director
V. APPROVAL OF AGENDA
A motion was made by Sharon Price, seconded by Bobby Sutton Jr. and carried unanimously to
approve the agenda as written.
VI. ACCEPTANCE OF MINUTES
A motion was made by Bobby Sutton, Jr. seconded by Sherry Millner and carried unanimously to
approve the minutes of the Regular Council Meeting of September 19, 1995.
VII. CALL TO THE PUBLIC
Hurvie Davis formally introduced the new Public Works Director/Town Engineer to the Town
Council, Mr. Dave Atler.
Bobby Sutton Jr. announced that his wife gave birth to a baby boy, Tyler Jacob.
MINUTES OF REGUI,AR COUNCIL MEETLNG
MARANA TOWN COUNCIL
OCTOBER 3, 1995
VIII. GENERAL ORDER OF BUSINESS
A. PUBLIC HEARING - Ordinance No. 95.25: Rezone ora 38.5 Acre Parcel at 3600 West
Tangerine Road, Which is Located in the SE 1/4 Section 31, Township 11 South, Range
12 Eastt G./kS.R.M. Pima County, Arizona~ Approx/mately One Mile East of the 1-10 and
Tangerine Road Interchange.
Hurvie Davis: This is a rezoning on a parcel of land located on Tangerine Road that was annexed
into Town a few months ago. We have six months in which to rezone the property from the
County zoning to comparable Town zoning.
Jerry Flannery: In this case the comparable zoning is "AG" - Agricultural with a 5 acre minimum
lot size. There was some discussion among Staff that maybe ~144' would be more applicable,
however if it were the density could be increased.
Mayor Honea declared Council out of Public Hearing
A motion was made by Bobby Sutton, Jr., seconded by Sherry Millner and carried unanimously
to adopt Ordinance No. 95.25 establishing Zone "AG" as the appropriate zoning classification for
the 38.5 acre property located approximately one mile east of Tangerine Road and the 1-10
interchange, in Section 31, Township 11 South, Range 12 East pursuant to A.R.S. 9~471L.
B. PUBLIC HEARING - Sunset Annexation: Requesting Public Comment on an Annexation of
an Area Located in Portions of Section 7 ~ 8, Township 13~ South~ Range 13 Eastt and
Section 12, Township 13 South, Range 12 East~ G.~ S.R.M, Pima County, Arizona.
Hurvie Davis: This is a Public Hearing for part of the requirement to annex property into the
Town of Marana. We propose to initiated the effort to annex approximately 376 acres which is
located south of the Town limits. The property would extend south of Sunset Road and west of
Silverbell Road. We will be proceeding with the process. Over the last several years we have had
discussions with property owners in the area desiring to be the annexed into the Town. His
recommendation is to hear any comments from the public and then Council can take whatever
action they desire, no action is necessary this evening. He brought to the Council's attention a
letter he received from Ellyn Wheeler who is not interested at this time in being annexed due to
the fact that she is in the process of selling.
Dan Hochuli: We can take no affirmative action tonight on the annexation. The Statute reads
that you cannot change the map after you obtain the first signature, you can however change it
before that point.
C. Ordinance No. 95.24 - Regulating the use of Traffic Signal Preemptor Devices:
Establishing Effective Dates and Providing Penalties for Violations.
Hurvie Davis: We entered into an agreement with the Northwest Fire District to test the
effectiveness of the Opticom Traffic System, which is a system that preempts the normal cycle of
a traffic signal to allow emergency vehicles to have priority. He personally believes that this
facilitates the travel of emergency vehicles and it also simplifies the traffic at that intersection. If
the Council wishes to proceed with this, there is an IGA that has been drafted. In the
communication to Council the Ordinance s~ates that it is a petty offense for anyone other than
the Northwest Fire District, Marana Police or any other entity approved by the Marana Chief of
Police. It is his recommendation that this be limited to fire vehicles, you want to minimize the
number of vehicles using the system. It would be his recommendation that since the streets and
traffic signals are Public Works functions, the Town Engineer would approve these uses rather
than the Chief of Police.
Captain Kevin Madden, Northwest Fire District: About four months ago Northwest came
before Council asking to test this system. Captain Madden pointed out the statistics that were
included in Council's packet. We have found this system to work extremely well for Northwest
Fire.
Hurvie Davis: We do not have employees that maintain traffic signals, we contract with a private
firm who maintains the signals.
Captain Kevin Madden: The only problems that really occur with the system is once a year
having the sight tubes cleaned and if there is a failure in the system it normally is not very labor
intensive. Marana has the ultimate liability to control the Ina Thornydale intersection.
Dan Hochuli: There are two items before Council on this subject tonight. One is Ordinance No.
95.24 which makes it unlawful for anyone other than the approved people to use the preemptor
devices. The other item which we have been discussing is next on the agenda, Resolution No. 95-
54. This is the adoption of an Intergovernmental Agreement between the Town of Marana and
Northwest Fire District.
A motion was made by Bobby Sutton Jr., seconded by Sharon Price and carried unanimously to
adopt Ordinance No. 95.24 regulating the use of traffic signal preemptor devices by
unauthorized entities and changing the authorized agent to the Town Engineer.
D. Resolution No. 95-54 - Intergovernmental Agreement with Northwest Fire District:
Providing for the Use and Maintenance of the Opticom Traffic SiF. n~l Preemptor Devices
Located within the Marana Town Limits.
Dan Hochuli: There is one change that was requested by the attorney with Northwest Fire
District, he also agrees with the change. The change is as follows, Page 2, Section 3.4 it states
"The Town shall be permitted to use the Opticom System at any time', the attorney changed that
to read "The Town shall be permitted to use the Opticom System at any time for emergency
services only''. They also added the words "the Town shall not permit any unauthorized use,
alteration or interference in the Opticom System". Mr. Hochuli would recommend adoption of
Resolution No. 95-54.
A motion was made by Bobby Sutton Jr., seconded by Sharon Price and carried unanimously to
adopt Resolution No. 95-54 authorizing the Town to enter into an Intergovernmental Agreement
with Northwest Fire District relating to the use and maintenance of the Opticom traffic preemptor
device with the changes outlined by the attorney.
E. Resolution No. 95-55 - Intergovernmental Agreement with Marana Unified School
District: Providing for the Connection of the Town Park Sewage Line to the School
District Line Providing Flow to the Evaporation Pond.
Hurvie Davis: We have had a problem with the septic tank at the Recreation Center in the
Marana Park, we were looking at redoing the septic tank and putting in a new system. In the
mean time Mr. Siath has found an alternative to doing that, it would require an IGA with the
Marana Unified School District. This would allow us to connect into the sewer line in the Park
that runs to the evaporation ponds on Lon Adams Road. It is the least costly option and gives us
more capacity in the long term to handle sewage in the Park. We would recommend that the IGA
with the school district be approved. The Town drafted up an IGA with a ten year time frame and
the school district is only authorized to have a five year time frame with an IGA.
A motion was made by Bobby Sutton Jr., seconded by Sharon Price and carried unanimously to
adopt Resolution No. 95-55 authorizing the Town to enter into an IGA between the Town of
Marana and the Marana Unified School District providing for the connection of the Town Park
Sewage Line to the School District Line providing flow to the evaporation pond, with the
modification that the Agreement be for five years instead of ten years.
F. Rural Metro/Sun Tran IGA - Resolution No. 95-56: Authori=inF. the Town of Marana to
Enter into an Intergovernmental Agreement with Pima County Providing for Public
Transit Services to Certain Areas of Pima County and Wt~-hln the Town of Mar~n=:
Hurvie Davis: This is the rural transit service that operates from Avra Valley through the Town of
Marana and also the SunTran service that operates in the lna/Thornydale Road area. This is
setting information that was approved by Council previously for entering into an agreement with
Pima County. We would recommend Council's approve of the IGA with Pima County for the
payment of transit services within the Town of Marana.
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Mayor Honea: This Agreement would have to be renewed annually.
Dan Hochuli: This is an annual agreement, it would expire on June 30, 1996.
A motion was made by Sharon Price, seconded by Bobby Sutton Jr. and carried unanimously to
adopt Resolution No. 95-56 authorizing the Town to enter into an Intergovernmental Agreement
with Pima County Department of Transportation for the provision of transportation services.
G. Marana Park Restroom Improvements and Park Security LiEhtinE.
Hurvie Davis: We recently came before Council with this item. We were looking at expanding the
rest room facilities in the Park and updating them to meet ADA requirements. Mr. Siath has been
working on this project.
John Siath: Because of the initial $10,000.00 above the $20,000.00 CDBG funds Council
requested Staff to evaluate the current facilities. Based on the current facilities the sewer line is
more than adequate to serve the facilities, if they were doubled in size it would still be adequate.
If you were to double the size of the facilities it would cost $75,000.00, the reason being it would
have to be a total rebuild. We are recommending that the current facilities are adequate except
for larger events, to supplement he would suggest using portable rest rooms.
Hurvie Honea: If Council approves this program this evening we would like to further refine the
costs, look at the design costs and come back to Council with the amount of money that would be
needed out of the Contingency Fund.
A motion was made by Bobby Sutton Jr., seconded by Sherry Millner and carffied unanimously
to direct Staff to proceed on the improvements to upgrade the Marana Park rest rooms per
discussions with Staff reporting to Council. The amount of improvements equal to approximately
$30,000.00, with approximately $10,000.00 to be used from the Town Contingency Fund.
John Siath: We anticipate starting construction the beginning of December. The lighting
equipment is in stock so we will not have to wait the ninety days we thought to order the
equipment. Around the middle of January the security lighting should be in the Park.
H. ~-01{a} Retirement Plan Loan Cruidelines - for Town Employees,
Hurvie Davis: Mr. Cuaron has been working with the ICMA on this item. The program allows
various types of loans to be made from the fund to the employee.
Mayor Honea: He has a concern with loans being taken from both the employer and employee
portions of the fund. If you borrow against it and the employee leaves or is terminated they would
not normally be given the employer part of the retirement.
Hurvie Davis: There is no time flame that this has to be adopted. He concurs with the Mayor,
he strongly recommends retirement plans for retirement.
Roy Cuaron: We need to determine the guidelines for the loans. Under Section II, the eligibility
we need to determine from what sources the loans will be available. It can be from either the
employer's vested portion or from the participant's account, or from a combination of both. He
would recommend that the funds be available from both the employer's vested portion as well as
the employee's.
Mayor Honea: What about non-vested funds. If an employee who is not vested was to borrow
against the account they would only be able to borrow against their funds.
Roy Cuaron: They are only eligible to borrow a percentage of the employer's vested portion. The
maximum loan amount is one-half of the participant's vested account balance. Section II also
under eligibility is the purpose of the loans, we can either specify conditions for loans or for
hardship. His recommendation is to select hardship, employees should not have access to their
retirement funds for just any reason.
Bobby Sutton Jr.: With his retirement program there are no limitations on when he can pull that
money out.
Roy Cuaron: This is saying that any loans that the employee wants to take must fall under one of
these categories, whether it's the employee or employer portion.
Bobby Sutton Jr.: The employee part is a voluntary contribution and these people are putting
their money away from retirement. If they need that money, they should be able to pay it back by
payroll deduction. They should be able to take the money out as they see fit.
Mayor Honea: He feels that retirement is for retirement. He is skeptical about people taking
money out for any reason. Our retirement is not voluntary, it is mandated.
Bobby Sutton Jr.: It was his understanding that the mandated part is that the Town would
contribute on matched funds. We do not mandate the employees to put anything into their
retirement.
Hurvie Davis: It is mandatory that the employees participate in the retirement fund, contribute
the employee share. From day one you are part of the retirement system, there is no option. He
has dealt with a lot of employees all over the country. He has been a strong proponent of the
retirement plan. He has seen people work all their lives and they reach retirement and they don't
have any. He feels he has an obligation to make a recommendation that preserves the integrity of
the retirement plan. He believes that they are gainfully employed and should be able to obtain a
loan for what ever purposes they would need to. We ought to preserve the retirement plan for the
people that really need it.
Bobby Sutton Jr.: He misunderstood that the employees were required to put an amount in.
Hurvie Davis: He has not ever participated in a retirement plan where it has been voluntary, they
have all been mandatory.
Bobby Sutton Jr.: Is our retirement in lieu of having a pension.
Hurvie Davis: This is the retirement plan. It is the only plan that we have that the employer
contributes to. We do have the 457 Plan with ICMA as well, where they can take advantage of tax
deferred contributions, that is voluntary.
Mayor Honea: We only have four of seven Council Members present tonight, We should discuss
this matter with the other Council Members and have Roy Cuaron answer any of our questions.
He would suggest continuing this item until the next Council meeting.
I. Resolution No. 95-57 - Town of Marana Annexation Task Force: Amending Resolution No.
94-04 adding the Town Attorney~ Town Engineer and Accountant to the Annexation Task
Force.
Hurvie Davis: We have an Annexation Task Force consisting of Council Members, the Public and
senior Staff of the Town. The Town Attorney and the Accountant are not members but they have
been participating in the meetings. Staff would recommend that we constitute the Task Force as
it really exists.
Dan Hochuli: If you look at the Resolution in Council's Packet, it does not mention the Town
Engineer, it should. It makes the Task Force up of three members of the Marana Town Council,
three members of the general public, Town Manager, Town Clerk, Town Engineer, Town Attorney,
Chief of Police, Planning Administrator and Finance Director. The Public Works Superintendent
would be taken off the Task Force.
A motion was made by Sharon Price, seconded by Bobby Sutton Jr. and carried unanimously to
adopt Resolution No. 95-57, adding the Town Attorney, Town Engineer and Accountant to the
Marana Annexation Task Force.
J. Mayor's Report
Mayor Honea and Mr. Davis will be going with the Mayor of Tucson and the City Manager to talk
to a prospective business that is thinking about moving into the area that could employ a couple
thousand people. They are looking at the business park as well as a couple of sites in Tucson.
K. Manal/ier's Report
Hurvie Davis: Mr. DeSpain received a letter dated September 22, 1995 from the Arizona
Department of Water Resources - Office of Assured and Adequate Water Supply. The initial review
of our application for a designated assured water supply has been done, they have made a
determination that the application meets the basic submittal requirements. They forward it on
into the Department for a more detailed review. To maintain the status of our application we need
to enter into a contract with the Ground Water Replenishment District no later than November
30, 1995, we have submitted the application for that membership. Preliminary figures on the
Census recently taken takes the Town to a population of 5,152 residents. It is possible that some
people were not counted. There is a last ditch effort to get out to the people with a ~were you
counted campaign". If someone was not counted they still have an opportunity to participate.
Mayor Honea: Does that include the MTC Facility.
Hurvie Davis: He is certain it does, but he will make a special note to ask Mr. Flannery to follow
up on that tomorrow. We are out to bid on the Horizon Hills project, the extension to the west of
Thornydale Road. Mr. Siath and Mr. Lynch had a meeting with the Horizon Hills neighborhood
and there is another meeting this Thursday with the neighborhood and Pima County. They do not
object to the project, but they did have a concern with the traffic coming from the Price Club area
coming east into the neighborhood. According to Mr. Siath and Mr. Lynch they have indicated
that they may have some interest in talking to the Town about annexing their community. We
met with them about a year ago to discuss this, we are not aggressively looking at annexing that
neighborhood but if we can all benefit then we may entertain that issue. When we annex an area
with a population in it, we instantly get the credit for the population.
FUTURE AGENDA ITEMS
None
ADJOURNMENT
A motion was made by Sharon Price, seconded by Bobby Sutton Jr. and carried unanimously to
adjourn. TIME: 8:25 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 true and correct minutes of the Regular Council
Meeting of the Marana Town Council held on October 3, 1995. I further certify that a quorum was
present.
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