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HomeMy WebLinkAbout09/19/1995 Regular Council Meeting MinutesPLACE AND DATE Marana Town Hall September 19, 1995 I. CALL TO ORDER By Mayor Honea at 7:02 p.m. II. PLEDGE OF ALLEGIANCE Led by Mayor Honea IlL 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~le Davis Dan Hochuli Sandra Groseclose Brad DeSpain Jerry Flannery John Siath David Smith Roy Cuaron 19 Members of the Public Mayor Vice-Mayor, excused Council Member Council Member Council Member Council Member Council Member Town Manager Town Attorney Town Clerk Utilities Director Planning Administrator Town Engineer Chief of Police Finance Director V. APPROVAL OF AGENDA A motion was made by Ora Harn, seconded by Bobby Sutton Jr. and carried unanimously to approve the Agenda as written with the exception of moving General Business Item I in front of Item A. VI. ACCEPTANCE OF MINUTES A motion was made by Herb Kal, seconded by Ora Harn and carried unanimously to approve the minutes of Regular Council Meeting of September 5, 1995, Special Council Meeting of August 16, 1995 and Special Council Meeting of August 23, 1995. SEFI'EMBER 19, 1995 VII. CAlL TO THE PUBLIC Bobby Sutton Jr.: A request has been put out in the Town's quarterly newsletter for a new Town Motto. Hurvie Davis: Saturday was the Town of Marana Employee Appreciation Picnic. There were a lot of people in attendance, a good time was had by all. Ora Harn: This coming Saturday at 7:00 am there is a golf tournament and the Marana Health Center will have a team on the course. Mayor Honea: Tomorrow evening is the transportation workshop for the Metropolitan Transportation Plan. The workshop is being held at the Estes Elementary School. VIII. STAFF REPORTS Staff reports on file at Town Hall Hurvie Davis: The financial report is not included, it has been prepared but the summary sheet has not been completed. It will be in the Council Members baskets tomorrow. GENERAL ORDER OF BUSINESS I. Marana Founder's Day - Update Hurvie Davis: This is to be an update to the Council on the Marana Founder's Day. Mr. Bill Blissett the cochairman of the Committee was to be here this evening, as of yet he is not here. Jan Lawson, Executive Director of the Chamber of Commerce: Evergreen Air has expanded Founder's Day, they are going to be doing professional rodeo on October 7th and 8th. There will also be a concert on October 13th. A1 Kern, 11301 N. Muskett, Marana, AZ: He is working along with his wife on organizing the Founder's Day Parade. Businesses on the south end of Town are helping out with donations and it is coming along well. We have the trophies ordered and there will also be ribbons and plaques for some of the entries that will be in the parade, we are expecting approximately 100 entries. Ora Harn: There will be about eight to ten cars which will be available for Council Members or other dignitaries. Debbie Lyons, 9925 N. Feldman Pl.: This is the Second Annual Junior Rodeo. This year we were told that we have to purchase 15 belt buckles at $100.00 each. Now we have reached a problem, the contractor wants us to come up with $2,000.00. The Booster Club funds is strictly for the kids and we do not have the money for this expense. She is here to ask if the Town of Marana can assist the National Junior Rodeo. Roy Cuaron: $8,000.00 has been budgeted for the Marana Founder's Day. Ora Harn: Maybe a motion could be made to review the finances that are needed and if there is any additional funds available that that be appropriated to the Junior Rodeo. Jan Lawson: There is enough money in the budget to assist the Junior Rodeo. However we were going to give them all the money for the concession and gate, we would have to take a portion of that. Bobby Sutton, Jr.: Is there a way to go to the entertainers and tell them the situation we are in and that this is what is going to be helping the kids, and ask them to cut their rates by 5%. Is that possible. Debbie Lyons: The National Junior Rodeo Board had a meeting tonight and they are suppose to see if the fee can be cut by $500.00. Bobby Sutton, Jr.: He would like to see if a group could be put together to help sponsor this event. If we get to the point where we can't find the money in the budget he will volunteer to put something like that together. Mayor Honea: Out of the $8,000.00 that was appropriated for Founder's Day, $5,000.0 was for the Chamber to secure entertainment and things of that nature. $3,000.00 was allotted for the Town itself. Council Member Harn states that most of the Town's expenses are going to be for mailings, which should not be over a couple hundred dollars. Ora Harn: We could probably keep our expenses to around $1,000.00 and give the other $2,000.00 to the Junior Rodeo. A motion was made by Ora Harn, seconded by Tom Clark and carried unanimously to give $2,000.00 of the money that was allotted toward the Town's expenses for Founder's Day be appropriated to the Booster Club for the National Junior Rodeo, this will be a grant. Mayor Honea: He wanted to thank all of the people that have been working on putting the Founder's Day events together. It is a lot of work and a lot of effort and the Town really appreciates their work. Ora Harn: The Founder's Day Committee will be meeting every Thursday at 4:15 p.m. at the Development Center. A. PUBLIC HEARING - CUP 95-05: Conditional Use Permit for a Manufactured Home Site to be located in the Marana Estates subdivision at 11460 West Amole Circle, Marana, Arizona Hurvie Davis: This matter has gone before the Planning Commission, they granted the Conditional Use Permit. This is up tonight for action from the Council on whether to uphold the Planning Commission's granting of the permit or to deny it. Jerry Flannery: This item came before the Planning Commission at their July meeting. Prior to that meeting an applicant who wanted to place a manufactured home on the parcel in question came into Staff and said that they wanted to do this. At that time it was found that the adjacent properties were site built homes, so Conditional Use Permit requirements needed to be met. The applicant applied for the permit and obtained the signatures required. It then went before the Commission, whereby the Staff had recommended approval. At that meeting two residents came in and said there was a misunderstanding, they felt that the item needed to be continued or denied because manufactured home were not allowed in this subdivision. The zoning in this area is Zone A, which allows for manufactured homes, however there is a process. If you have mobile homes adjacent to you, you pretty much can just come in and apply for a building permit. Because these are site built homes, there is a Conditional Use Permit requirement. This was new information that came up at the Commission, and they had to go by what was in front of them. The one owner that was within the 300 feet who had originally signed to approve was at the meeting to oppose, the Commission felt appropriate in approving the recommendation. After that meeting and the permit being approved, the applicant then came in for the building permit. At the same time the owner within the 300 feet had gone to some of the neighbors with a petition contradicting the petition the applicant had applied for and obtained. Basically through the Development Code the appeal process and the requirements for the appeal process were met by the opposing residents. They have constituted a Public Hearing in this case, they obtained the corporation papers that incorporated their association. One of their main arguments at the Planning Commission meeting was that their restrictions did not allow for mobile homes, obviously the Town does not have the authority to enforce private CC&R's. Mr. Flannery was informed tonight that the Board of Directors for this association are Manny Pesina, Sandy Pesina and Phyllis Farenga. If there is that much opposition in the area, it may be advisable that the Council overturn the Planning Commission's decision. Phyllis Farenga, 11470 W. Tortolita St. Marana, AZ: When it first came to her attention an hour before the meeting, since we looked at the original petition we felt that something was MINUTES OF REGULAR COUNCIl, MEETING MARANA TOWN COUNCIL SEPTEMBER 19, 1995 wrong, people did not understand what they were signing. After this meeting if the permit is denied there are two builders that are interested in building in this area. Tom Clark: On this petition that was sent around, it seems pretty clear cut. Why would the people have trouble understanding that a manufactured home was going to be put there. Phyllis Farenga: They just did not understand. A lot of people do not understand English in this Community, this is a Spanish community. A few people assumed that the Town of Marana would say no, they thought the Town would do the same thing again. Herb Kai: Are there any mobile homes in that area right now that have grandfathered in or are they all slump block homes. Phyllis Farenga: They are about 90% slump block. There's one that is called a Silverbell home which is grandfathered and there is one mobile home, but she's not sure if it is inside or outside the subdivision. What was brought up at Planning Commission meeting was the appreciation of our homes. Articles show that bring mobile homes in run down a community when mixed with site built homes. Bobby Sutton, Jr.: Would one more trailer make that much of a difference. Phyllis Farenga: It would bring down the value of the community. This is a close knit community, we know each other well. We will not know who would be living in this mobile home, they will be coming and going. There is no pride in keeping up the property, there could be renter's coming and going. We will not know who is living in our community any more. Ora Harn: Manufactured homes at this time are far from being transit housing now days. The only thing that is mobile about them is they are moved from the factory to the site. The concept of a mobile home, the way it used to be thought of is now different from that of a manufactured home. Bobby Sutton, Jr.: Council Member Sutton would like to know what the permit allows for. Jerry Flannery: The home is a manufactured home, however the applicant has basically chosen not to pursue the manufacture home in this area because of the situation. The owner of the property however still wants that marketability. The owner chose once there was an appeal to "fight" the appeal, they wanted to keep the mobile option open for the property. Bobby Sutton, Jr.: Is the Home Owner's Association within their rights to deny this type of housing in their community. Dan Hochuli: He is not sure because he does not have all of their documents. What he is sure of is that is irrelevant to the Council. The Council could grant a Conditional Use Permit and if they have the ability to deny it under their Home Owner's Association, they would need to enforce that. Jerry Flannery: The one issue that came up before the Commission was that the CC&Rs had not been enforced and they were basically antiquated and so old that they came in with the original subdivision. Because they were not enforced they had no real validity. That is why you see a petition or you see new articles of incorporation because the Association recognized that and chose to incorporate so they could become a viable association. Tom Clark: He feels there is a big difference between a mobile home and a manufactured home. Jerry Flannery: Based on the original material that was submitted to Staff, petitions were all in favor within 300 feet. He thinks that given that a lot of the original petitioners who signed to approve have rescinded their approval and now want to disapprove, he thinks Staff would recommend that the Conditional Use Permit be overturned. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL SEPTEMBER 19, 1995 Ora Harn: She does not think that the Council would like to go against the wishes of the people that live in that neighborhood. It is just confusing, because she agrees with Councilman Clark, she knows some people who signed this petition and they know how to read and understand the issues. But if the people in the area do not wish to have manufactured homes in the area she agrees. E. Miller, 11471 West Tortolita St., Marana, AZ: The neighborhood has worked very hard to bring this community up from what was a very poor area. We have fought very hard to keep unacceptables out of the neighborhood, to keep it where people would be proud to live. She would like to see it stay that way. J. P. Gaudreau, 11356 W. Tortolita St. Marana, AZ: When people come in with a petition all the time you are busy and sometimes you don't think about what you're signing. Mayor Honea declared Council out of Public Hearing A motion was made by Ora Ham, seconded by Bobby Sutton, Jr. and carried unanimously to deny the Conditional Use Permit for a manufactured home for the site at 11460 West Amole Circle. B. Request for Matching Funds - Marana Alliance Against Substance Abuse and Gangs is requesting that the Town approve a Grant and provide up to $5,000 in matching funds from Contingency Budget {Governor's Alliance Against Drugs Grant} Hurvie Davis: He is not sure how much he knows about this item, except that it is the Governor's Alliance Against Drug Abuse and Gangs. Last year we provided $5,000.00 for a match to the $5,000.00 that the State would provide for the coordinator position. There is a total grant of $20,000.00 from thc State for various programs. This is a late item on the Agenda because of the time frame, this item has to be submitted tomorrow. He is not sure what the Town's responsibility is in this program or what our authority is. If we are going to provide $5,000.00 as a local match, we are also committing to the use of the Town's recreation center for various programs and we may also have a liability issue. On Page 3, Item 3 of attachment :2, it says "Describe your relationship with the local government agency? What support do they provide to the Alliance? To what extent do the Alliance and the local governmental agency act in partnership?" The Marana Alliance is a grassroots effort, there are 44 members on the Board. He is not sure who is accountable for this program, is it the Alliance or is it the Town or a combination of both. Katy Berry, 13671 I/. Reyher Ave., Marana, AZ: We're asking for $5,000.00 in matching funds for the coordinator's position. In the past the Town of Marana, the Marana School District and the Marana Alliance have worked in unison to bring these programs to the youth of Marana. This is our first year of having an active program and there are a lot of things we don't know and there are a lot of things we are finding out. Mayor Honea: He likes the program but he is a little concerned about the accountability. Who is hired in the program, how much are they paid, is it documented, are the meetings publicly posted, who is eligible etc.. Last year we just basically appropriated $5,000.00 and were told to keep our hands off and leave it alone per se. We didn't have any say as to who would run the program or how much they would be paid etc., is there any way to get the Town of Marana involved more in the program itself. Katy Berry: There is. As far as the moneys that we received last year, the Town of Marana was in control of the funding. Each month there was a calendar given to Jana in Public Works, it lists everything the program is doing. Each pay period time cards are done, they are turned into the Town of Marana. The Town of Marana is responsible for telling Ms. Berry whether she can do something or not. Last year we catered more to the younger children, this year we are trying to concentrate more on the 5th through the 12th grade. One of the things we are offering is open gym, we are currently doing this. The newest thing that we are offering is the before school program and amovement. Last year we did a safety fair, this year we have been asked to do a MINUTES OF REGULAR COUNCIL MEETLNG MARANA TOWN COUNCIL SEPTEMBER 19, 1995 bicycle fair as well. The Alliance came together based on the needs of the Community and what they have asked for. Mayor Honea: Are the programs going to be correlated with the D.A.R.E. Program. Katy Berry: She feels it is important for the two programs to work together. All of these programs need to be brought together so it is for one common goal, the youth of Marana. Ora Ham: The budget that appears on Page 16, is that the budget of which this program is to follow. These moneys are controlled through the Town and these are the actual sums that are spent. Katy Berry: Yes. Tom Clark: Are most of these programs like D.A.R.E. and the Alliance funded by the State. Katy Berry: Yes they are. Tom Clark: The Town of Marana provides $5,000.00 for the program, does the school provide anything. Katy Berry: They provide the facilities and supervise transportation. Tom Clark: If the $10,000.00 is the salary for the coordinator, what is the budget for the program itself. Katy Berry: We don't have one, we run on fund raising efforts and donations. The grant in front of Council is asking for this amount of money to run these programs sponsored by the Alliance. The Alliance would be the organization that oversees to make sure this stuff is kept in good order and that it is run like it is suppose to be. Council Member Sherry Millner arrived at meeting. Time: 8:07 p.m. Ora ltarn: She has spent some time over there and has also attended a lot of the meetings of the Alliance and PYP. Sometimes things get confusing because all these things are separated. With the problems we have with our youth she feels it is a good investment of the Town's money. If the budget is upheld as it appears here tonight, she would be very supportive of this program. Dan Groseciose: On the budget that is being discussed, the coordinator's fee is $5,000.00 and the total grant request from the State is $20,000.00, remember that an additional $5,000.00 is being requested from the Town goes into the coordinator's fee. In essence that is a $10,000.00 fee not $5,000.00. Hurvie Davis: We are putting in request to the State for $20,000.00, that doesn't mean they will grant us that much. How much did we get this past year. Katy Berry: This past year we received $8,000.00. Hurvie Davis: A total of $8,000.00 Mayor Honea: Plus the To~vn's $5,000.00 for a total of $13,000.00 Hurvie Davis: Did we pay the coordinator $10,000.00 and then $3,000.00 for activities. Katy Berry: Yes. 6 . 'HNUIES O~ REGULAR COUNCIL MEETIN(, MARANA TOWN COUNCIL Dan Hochuli: Regarding the question of liability. Since Ms. Berry advises that they are not a corporation, he would say that the Town, whether we do the grant or not, we should make sure we have coverage for this. The Town is probably at risk from some sort of liability exposure. He does not think it is tragic, he suspects that it falls under our policy but we should confirm coverage to make sure that we have the liability covered. Bobby Sutton, Jr.: How much money was raised through fund raising efforts last year. Katy Berry: We raised $485.00 with a walk-a-thon, we also raised $280.00 at the Safety Fair. A lot of times when we do things for the children it is out of pocket expenses. As far as the coordinator fee goes, she earns every penny of it and a little bit more. I set the programs up and make sure that things are ran correctly. Bobby Sutton, Jr.: He feels that Ms. Berry is doing a great job. Katy Berry: It takes a lot to do a program like this and we are all new to this. Mayor Honea: To eliminate overlapping we need representatives from the Alliance and the Police Department D.A.R.E. Program working together, each entity would see a positive effect. We need to set more direct goals and have the program more structured so the Council receives more information on what is taking place within the program. Ora Harn: When will the program begin. Melissa Bissent: Ms. Bissent is the Chairperson of the Marana Alliance. She just attended a week Iong workshop in Phoenix. She was chosen as one of forty people to attend Innovations this last week. All the speakers were nationally known. The consistency of the workshop was building resiliency in children and community mobilization. We are going to plan a workshop in about a month, Council is all invited to attend, to bring community mobilization together. Katy Berry: The money should be available for this program on October 1, 1995 if we are selected. Roy Cuaron: He has a couple of questions he would like to clarify. Who makes the decision on the funding Ievel if it is less than the $20,000.00 as to what programs get cut. We should know that, who makes those decisions. Also, what is the relationship between the Town of Marana and the Marana Alliance. He has not had a chance to review the budget numbers so he doesn't know if the numbers calculate. If they are going to be on the Town's payroll then we have incidental costs associated with the payroll. He thinks we should get better clarification as to, is it the Alliance's intent for these individuals to be employees of the Town. Or do we maintain a contractor relationship with the Alliance and disperse their funds as they request them. Katy Berry: When she was in Phoenix this past weekend she met with Ken Woody from the Governor's Office. She asked who determines what programs are cut or not. They determine if the programs are cut or not. As far as reimbursement, to her understanding the Governor's Office should send a packet to the Town by October I, 1995 explaining the procedure. We would turn in time sheets to the Town and the Town would pay them. The Town would send it to the Government by the 10th of each month and they would reimbursement the Town. We would not be Town employees we would be government employees. Roy Cuaron: Are the individuals that are going to be providing a service through these programs are they Town employees. They work for Marana Alliance and you request funds from the Town and the Alliance disburses the moneys. Katy Berry: Yes from her understanding. MINU rES OI, REGUI,AR COUNCIL MEETING MAR~NA TOWN COUNCIL $1'.~TEMBER 19, 1995 Hurvie Davis: Knowing the Council's interest and support in this type of program, he would suggest that perhaps on a monthly basis Ms. Berry could give a Staff report which could be included along with the rest of the Staff reports. Since this item just came up it was not budgeted for this fiscal year, it would have to come out of the Contingency Fund. A motion was made by Ora Harn, seconded by Bobby Sutton~ Jr. and carried unanimously that the Town Council honor the request for matching funds to the Marana Alliance Against Substance Abuse and Gangs for programs for the youth, and that that money be taken from the Town's Contingency Fund. Ora Harn: She would like to suggest that the Town review the liability issue to make sure that everything for this program is covered. RECESS C. Ordinance No. 95.23 and Resolution 95-52 - An Ordinance Regulating the Practice and Standards of Massage Therapists in the Town of Marana~ for the Purpose of Heightening and Maintaining Standards of Professionalism. Hurvie Davis: This is a clean up of the Ordinance relating to massage therapists in the Town of Marana. We would recommend your adoption of Ordinance No. 95.23 and Resolution No. 95-52. A motion was made by Ora Harn, seconded by Tom Clark and carried unanimously to approve Ordinance No. 95.23 and Resolution No. 95-52, adopting the public documents titles ~Massage Therapist and Establishments" replacing that part of Ordinance No. 93.02 pertaining to the regulations of massage therapists. D. Request for Approval of Sponsorship Fee of $10,000 for Sportspark for Marana Family Fun Day and Fireworks on July 4~ 1996 Hurvie Davis: This past July 4th we sponsored the Marana Fun Day and Fireworks Show at the Sportspark on Ina Road. We're coming to Council again for a request to see if the Town should sponsor this event again in 1996 and if so we would request that you approve $10,000.00 for the sponsorship out of the Town's Contingency Fund. Mr. Jim Munson is here this evening to provide Council with an update if necessary. About a month ago he reported to Council that the Town got approximately a $2,500.00 rebate from the Sportspark on the tickets that were sold. Jim Munson, Sportspark: We have been meeting with Staff and talking with the sponsors in terms of evaluating what went on this last year. Mayor Honea: He felt an excellent job was done at the event. There were a few glitches but over all it was superior. Bobby Sutton, Jr.: The topic that was on everybody's mind last year was the parking and the traffic. Is that being considered for next year as to what we can do to change that next year. Jim Munson: Our location precludes Sportspark from doing a whole lot. When you think about doing any large size event, there is going to be waiting to get in and out. As far as the parking, he was very pleased with that. The long lines for food and beverages was an embarrassment and it will not happen again. We are in the process of trying to evaluate how we can turn it around a little bit from a financial point of view, but also increase the activities we offered to make the vast majority of people that much more happy. We would like for this to become an annual event. Tom Clark: Are we still planning on having the reimbursement rebate. Jim Munson: It is not in the proposal this year, we were able to give back $2,600.00 this year. This year it was a $7,000.00 loss on the event. Hurvie Davis: We are coming before this evening for Council's approval of $10,000.00 to fund this effort. We would have to get together with Mr. Munson and work out the details with the contract. We will be negotiating on various points during that time. A motion was made by Ora Ham, seconded by Bobby Sutton, Jr. and carried unanimously to approve the request for $I0,000 for sponsorship of the second Family Fun Day and Fireworks Show, to be held on July 4, 1996 from the Contingency Fund. E. Transit Service Cost Sharing Proposal - Intergovernmental Agreement with Pima CountV and Town of Marana to share in Local Operating Costs for Providing Rural Transit and SunTran Service within the Town Limits. Hurvie Davis: We have two transit services provided in the Town. One is what we call Rural Transit that originates in the Avra Valley area and comes through the Town. P/ma County has been running that service. We have two express routes running down Ina Road through the Town to Interstate 10. They are asking for us to fund our portion of the service that runs through the Town. We have had Staff working on this issue, it was not budgeted for this year. We feel that we do have an obligation to help provide that service to the citizens of the Town. We are recommending to the Council this evening that we pay our share of the Rural Transit Service and we also pay our share of the route 16 regular route service that operates on Ina Road. At this time because it was not a budgeted item and the fact that the express service mainly caters to workers going to downtown Tucson and the University. And the Town basically does not have any residents in the Ina/Thornydale Road area, a majority of those arc probably County residents, if not all of them. We recommend that we not fund those this year. We would recommend that we enter into an IGA with Pima County for providing our fair share of the Rural Transit Service and the SunTran service in the amount of $44,007.00, and that would have to be approved from the Contingency Fund. Mr. Cuaron has been wortdng on that issue and Mr. Golf from Pima County has also been working on it. Were still in litigation over the Ina/Thornydale area, it's his position that in the IGA we have an escape clause just like we do on the leased building for the Substation. For some reason if we lost that area we would not continue to fund the service. Mayor Honea: Is this funded on a monthly basis or is it paid up front. Ben Goff, Transportation Systems Manager for Pima County: The proposal we have outlined is a quarterly billing reimbursement basis. We would invoice the Town with a status report on a quarterly basis. As far as an escape clause is concerned, there is a general purpose amendment clause built into the Intergovernmental Agreement that would cover that. Herb Kai: At one time we discussed getting service for Continental Ranch, could you elaborate on that. Ben Coif: The Continental Ranch will not fit with the current routing that is being provided for rural transit. That route is already 41 miles long and takes 90 minutes. We've looked at the issue of what would happen if we tried to route down through Continental Ranch with that service. We don't now recommend trying to revise the current routing to provide Continental Ranch service. We did suggest to the Town of Marana that they might want to apply for a demonstration grant this year to extend service from the end of route 16 into Continental Ranch. We will continue to talk to the Town about assisting with some kind of technical help on getting serf~ce to the Continental Ranch area. Based on the current routing for the Avra Valley service, it is not a very good fit. Dan Hochuli: In the packet the suggested motion approves an IGA, the IGA isn't yet finalized. He thinks what the County is interested in learning is whether the funding allocation is there. If the Council makes the funding allocation tonight from the Contingency Fund, then we can prepare the final draft for the IGA and bring it back to Council. He would like to see what Pima County does, a general escape clause is well and good but he would want it to have an immediate escape in the event that funding stops. 9 MINUTES OF REGUI,AR COUNCIl, MEETING MARANA TOWN COUNCIL SEPTEMIIER 19, 1995 Ben Goff: He would like to point out that our attempt with this IGA is to make it strictly a cost sharing arrangement. We are still the people who have the responsibility for maintaining and operating the services per our contracts or IGAs. Hurvie Davis: The SunTran operation is approximately a $16 million a year budget, not counting capital equipment and so forth. A motion was made by Ora Harn, seconded by Bobby Sutton~ Jr. and carried to approve funding of $44,007.00 for Rural Transit Service and SunTran service from the Contingency Fund. Council Member Herb Kal voting Nay. F. Status Discussion: Fire Protection within Town Limits of Marana Hnrvie Davis: This is a status report to the Council. We have been working with the various fire agencies that are interested in providing service to the northern part of Marana. In approaching this issue perhaps there was two ways to go about it. One was for the Town to develop a Request for Proposal and go out to interested parties asking them to bid. Mr. Davis or Town Staff does not have the expertise to develop an RFP, it would take months and months. The other way which is the action that Mr. Davis has taken is that the Town goes to the various agencies and ask them in their professional opinion what our Community needs. He has had a lot of discussions with the fire agencies who are interested. We have had tours of the various fire facilities. In addition he would like to introduce retire Tucson Fire Chief Richard Moreno who has been helping Mr. Da'/is on some of these issues. Mayor Hones: Mayor Hones met with Ron Dillon from WCI Properties. WCI Properties basically have the same dilemma the north end of the Town has. They are in the process of a massive growth boom in the U.S. Home area. They have a hotel that is seriously looking at building out there now and are doing some talks. They have two other builders besides U.S. Home that are looking seriously at starting some building in that area. They are obligated to have fire protection when the first structure goes up. They are looking at the same process the Town is involved in now. There are four departments represented in this evening, if they have anything for the Town or any questions please come forward. Hurvie Davis: He has asked these agencies to determine what the Town's present needs are for fire services and how that could be expanded to serve the future needs of the Town as well. When it comes down to providing fire services and emergency medical services, the critical factor is response time, what would be the response time and when they do respond what type of expertise is being provided. Mayor Honea: Another issue we need to put forward is the Town may be willing to put up some moneys, although we are looking for an entity that is willing to maybe absorb some of the costs today for a larger prize in the future. Ora Harn: This is a very complex subject and she is very concerned about it. What concerns her is that probably a large portion of the Town is covered by a fire district. As we look at this we pretty much have to go one of two ways. If the Town is going to come up with money out of its general funds to provide fire protection for a portion of the Town, that to her is not treating everybody equally. We either have to bring the north Marana area and the unprotected area into a fire district and have people covered by the district pay by their taxes. Or else we have to take the entire Town and decide that we're going to provide fire protection to the whole Community. At this time we can't possibly afford to pay for fire protection for the whole Town, so she thinks it has to come either from somewhere between private property owners contracting with a fire department, or by the Town forming a fire district. Tom Clark: He has always indicated that he would like to see Avra Valley Fire Department become a player in this. He subscribes to their services and feels that he gets his money worth from them. 10 MINUTES OF REGULAR COUNCIl. MEETING MARANA TO$¥.'N COUNCIE SEVI'EMBER 19, 1995 Herb Kal: In the beginning he does not think there is going to be enough income if it is split up between agencies. We need to go with one service, to have two services could turn into a nightmare. Hurvie Davis: Ideally what we would come up with would be a self sustaining operation so the Town would not have to subsidize it. If the Town does have to help fund it he would think we would have to walk before we could run, and it would be minimal. Hopefully this part of Town could support the fire and medical service with what ever we do and not have to depend on the Ina/Thornydale Road area. Mayor Honea: He thinks that sometimes two departments possibly could work together, one providing the emergency medical and the other the fire protection. Both Rural Metro and Northwest indicated that they would be willing to work with another unit. Bobby Sutton, Jr.: The way he understood it is if one agency was to receive the contract, they themselves would work out something with another agency if needed. Tom Clark: From talking to Rural Metro and also with Northwest, they could probably work out something. Sherry Millner: Everybody has their own opinion, but eventually it will come down to the proposals that the agencies give to Council. Jayme Kahle, Northwest Fire District 1520 W. Orange Grove Rd.: At this time we are proceeding with the proposal, it is not prepared tonight. We are trying to get a feeling of what the Council wants. We are trying to put an integrated long term plan together for the Town. We have been working with WCI on the Red Hawk Canyon project. We should have a complete proposal ready by next Monday, we are waiting for some additional figures. Bobby Sutton, Jr.: He would like Chief Moreno to give Council some information regarding this issue, since he is a third party it would be from his viewpoint. Hurvie Davis: He is sure Chief Moreno would be glad to share his views with Council. Jayme Kahle: If you do elect to go with the RFP process our Department could help you formulate a RFP. He had one question for Council, of the response area, are you looking at northern Marana area, the inner core, or also I-10 and south of Tangerine Road. Mayor Honea: His opinion is we would be looking at all of the area that does not have fire protection. Chief Richard Moreno, 250 S. Stratford Dr., Tucson, AZ: As far as briefing Council as to what the Town needs, he would be willing to do so. You have four departments that are represented here that are quite capable of providing the services the Town is looking for. It is important for those four departments to know what the Town's concerns are and what the Town wants to be provided for the fire district. In asking for proposals it is best that those that have been providing fire protection for rural organizations or suburban settings, is probably the best way to go. And it is also in the Town's best interest to utilize the capitalistic system and get your proposals from those that they compete with one another. If you have concerns about whether you want a combination of departments providing that type of service then it would be in the best interest of the Council to find an alternative. He would also recommend that it would serve those entities providing proposals best and also the Council that if those proposals were all submitted at the same time. That way you could look at the proposals and measure apples to apples. If all the information comes at the same time then it's a fair playing field. A few key points to keep in mind is response time, expertise and the type of equipment that is going to be responding. These departments can tell you what the Town needs. 11 Hurvie Davis: Another issue that was brought up when Mr, Davis was talking with Chief Moreno was fire code. In the southern part of Town where Northwest Fire District is, they work as an extension of Staff in reviewing development plans and building permits etc. for application of fire protection. Should we have a uniform fire code throughout Town and if so who is going to administer that Code and provide input to the Staff in reviewing development that takes place. He would hope that the proposals that come in to serve the northern area of Town would also have a service in it that would be able to review development activity in the Community and ensure that it meets the fire code. Chief Moreno: There are other things that the Council also needs to look at. You need to look at fire prevention and assistance in education. Also look at hazardous material response, which is an expertise he is sure these entities have. You need to be sure they are able to probably have plan reviews for some of the buildings which will be developed. If you adopt a uniform fire code, then they will have the responsibility of making sure that fire code is adhered to. There is a multitude of things that come with it. The people that are providing services right now, surrounding Marana, they know what they've done in other jurisdictions, they know what they can do here. They can provide the Council with that information. And when the proposals come in we can sit down and evaluate them and determine which is going to be the best for the Town, this would be the best way to do it. Tom Clark: How do you make up for the proliferation of undeveloped ground in Marana, the farm land. Farm land doesn't need any fire protection, how do you get around something like that. Chief Moreno: When you provide rural fire protection it is very different from urban fire protection. When you can't get people to want to buy into a department within their area because of the tax situation, there is nothing you can do about that. Herb Kai: Concerning the farm land, is there a state regulation that exempts farm land currently on the books from fire district taxes. ChiefMoreno: No he is not. Herb Kal: We need to look into this. He understands that there is a state law that exempts farm land that was passed about three or four years ago. He would like Mr. Hochuli to check further into this. Dan Hochuli: He is not aware of any such law, but he will check into it. Mayor Honea: lfyou form a district can you make your own exemptions. Chief Moreno: He does not really know, he would have to research that. Hurvie Davis: He has not had a chance to look at Rural Metro's proposal but he does not believe it is a complete proposal. He would suggest that we receive all the proposals at the same time. It is his recommendation that each entity determines what they feel the needs are to provide fire service to our Community and then submit a proposal as to how they would serve those needs. Dan Hoehuli: He did have a chance to look through the Rural Metro proposal and he thinks it is more generic information offerings some options that are available to the Town rather than a specific proposal. He is almost certain that the Town does not fall under any state or municipal regulations on requiring a RFP, he will look into that. If we are required to do a formal RFP he will let Mr. Davis know. he would suggest that if the Council is going to set a date, the date not be to soon. If some of the entities want to look into forming a fire district in a certain area, they may want to get some property valuations in that area. Also, what Mr. Moreno was sarong, the entities can submit different proposals within each entity, they could have more than one option to offer the Town. One of the options is a municipal fire department where we would contract that service to one of the other entities. As a Town we can form a fire department and all fire districts within 12 l~i~ESMARANAOFsEPTEMBERREG~ARTowNCO~CIi~lg,COUNCILi995 ~I'EETING the area would cease to exist within our borders. We could establish fire districts in the portions of Town that don't have fire district, there are different ways to do it. Giving these entities the freedom to look at different options that serve the Town's needs, they can sit down and look at what they need to propose. His concern is that if we set a deadline in a week or two, we may be limiting their ability to gather sufficient data. Ora Ham: She agrees with Mr. Hochuli that the Council needs to give them some time to get the information together. Chief Barry Gerber, Avra Valley Fire District: We are in the process of putting together a proposal. We are using a lot of the expertise we have gained in the last three years serving northern Marana. He Is looking forward to making a proposal and thanked Council for the opportunity to do so. Kirby Handy, District Chief of Rural Metro Fire Department: This evening we were responding to Mr. Davis request to have something before Council this evening, it is a gener/c overview of the operation and some thoughts. Rural Metro Fire Department very much wants to be a part of this process and this Community. Mayor Honea: Mayor Honea made the suggestion of November 1st as the date that all the proposals would need to be submitted. Mr. Davis along with the other Council Members were in agreement with this date. G. Appointment of Public Works Director/Town Engineer - Appointment of David M. Atler~ P.E. to the Position of Public Works Director/Town Engineer and Settings of Compensation Hurvie Davis: He indicated that this is an item filling the position that was previously held by Mr. Joe U~zardi. It has been a difficult process, this is the second time we have gone through it in the last year for this position. It is a highly technical position that requires a registered professional engineer. In talking to Mr. Siath on this position, he feels that the position needs to have a tremendous amount of development experience because of the activity the Town is looking at. Mr. David Atler has eleven years experience, pr/madly in dealing with development in the private sector. Ora Ham: Is he registered to sign off on plans and so forth. Hurvie Davis: Yes he is a registered professional engineer in the State of Arizona as well as California. He would have liked to have had Mr. Atler here this evening, but his schedule was already planned. He will be back in Town on October 1, 1995 and will report to work on the 2nd or 3rd of October. He would recommend that he be appointed with the normal six months probationary period for Town employees. A motion was made by Ora Harn, seconded by Tom Clark and carried unanimously to appoint Mr. David Atler as Public Works Director/Town Engineer under the conditions set forth in the Town Manager's memorandum dated September 19, 1995. H. Pima Association of Governments Agenda - September Regional Council Meeting Hurvie Davis: We have talked about 15% funds, which are state transportation funds coming to the metropolitan area for transportation purposes. We have programmed Tangerine Road for 15% funds, Aviation Parkway in Tucson was built with the same funding. The Region is trying to come up with criteria for those funds in the future. Item #8 on the Agenda is the Sate Five Year Program. He had a call today from the ADOT district engineer and they invited him to indicate what he feels the Town's needs are in relation to the State Program. Tom Clark: What the reason for the runway extension and Valencia Road realignment. John Siath: The uniqueness about Southern Arizona, the high temperatures and the altitude, you need a longer runway to land larger jets. That is the primary reason this is being done. 13 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL SEPTEMBER 19, 1995 J. Transfer of Funds - Original Allocated as Matching for Community Development Block C~rant for the Community Center Proiect to the Marana Municipal Water System for Repairs and Uvgradinz. Hurvie Davis: Staff was recently authorized by Council to go to the County to reallocate $150,000 in CDBG funds from the Community Center to the Water System. We did not act on the Town's money to be shifted, $150,000 for a total of $300,000 to the Water System. We would like to get Council's approval to transfer that money to be used on the Water System, so when Staff goes to the County it shows that we are putting in $150,000 from local money. Brad DeSpain: Mr. Groseclose is doing an excellent job by summarizing what we need to present to Pima County to justify transferring the funds. Dan Groseclose: What was passed out to Council is just a general summary sheet he prepared for the CDBG Program. When he was first instructed to transfer the $150,000, in talking to Staff, we thought that the whole package would be put together and that is the way he worked it out. Then in talking to other Staff, it was determined that this isn't the way it is right now. He thinks it is important that Council considers this tonight. A motion was made by Ora Harn, seconded by Bobby Sutton, Jr. and carried unanimously to approve the transfer of $150,000 local funds allocated to the community center to be utilized for water system improvements. K. Mayor's Report Mayor Honea: Four members of the Council and Mr. Hochuli went to the League of Cities over this last week, it was his first trip. It was very interesting, a lot of seminars with a lot of knowledge. There was a lot of interaction with other municipalities. L. Manager's Report Hurvie Davis: Last Friday we met with the State Department of Transportation, Oro Valley and Pima County relative to Tangerine Road. We discussed the need to update that corridor study that calls for a 400 foot right-of-way. ADOT has agreed, along with Pima County to head up that effort, we will be participating with them to look at that study update. We continue with the Sunward Project down on the Santa Cruz, between Cortaro and Ina Road regarding bank protection. Hopefully we will have something positive very soon. Mr. Charnis is back at work, he looked much better than he has for a long time. He was very pleased that he looked good. He has talked to Mr. Charnis about the future and so forth and we agreed upon a course of action relative to Mr. Charnis. He attended the last Business Advisory Committee Meeting, people are a little uptight over the portable signs in the Ina/Thornydale Road area. He talked with business owners recently since the article came out last Saturday regarding the Supreme Court action, people have been telling him that they would like something reasonable. The businesses said that they would absolutely not support the Town if the Town had to go back in and re-annex this area, they would oppose it vigorously. He met with a gentleman today regarding the annexation of 37 acres down on Twin Peaks and Silverbell Road. We have given him information on being annexed into the Town. Mr. Davis will be on vacation from Friday September 22, 1995 until October 2, 1995. FUTURE AGENDAITEMS None XI. ADJOURNMENT A motion was made by Tom Clark, seconded by Sherry Millner and carried unanimously to adjourn. TIME: 10:20 p.m. AUDIO TAPES OF THE MEETING ARE AVAILABLE AT THE MARANA TOWN HALL CLERK'S OFFICE. 14 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 September 19~ 1995. I further certify that a quorum was present. TOWN CLERK 15