Loading...
HomeMy WebLinkAbout05/02/1995 Regular Council Meeting MinutesPLACE AND DATE Marana Town Hall, May 2, 1995 I. CALL TO ORDER By Mayor Ora Harn. Time: 7:04 P.M. II. PLEDC~E OF ALLEGIANCE Led by Mayor Ora Harn. IlL INVOCATION/MOMENT OF SILENCE Led by Mayor Ora Harn. IV. ROLL CALL COUNCIL Ora M. Ham Sharon Price Tom Clark Ed Honea Betty Horrigan Herb Kal Helen Key STAFF: Hurvie Davis Dan Hochuli Sandra Groseclose Joe Lizardi Cindy Ruiz Marcia King David Smith Brad DeSpain Roy Cuaron Bob Kern Mayor Vice-Mayor Council Member Council Member Council Member Council Member Council Member Town Manager Town Attorney Town Clerk Town Engineer Planner II Assistant to the Town Manager Chief of Police Utilities Advisor Finance Director Public Works Superintendent 20 Members of the Public. V. APPROVAL OF AGENDA A motion was made by Sharon Price, seconded by Ed Honea and carried unanimously to approve the agenda with one exception, Item G be discussed following Item A-2. VI. APPROVAL OF MINUTES A motion was made by Ed Honea, seconded by Sharon Price and carried unanimously to approve the minutes of the Regular Council Meeting on April 18, 1995. VII. CALL TO PUBLIC LeJiani SchLaler, 12561 N. Whitet Maranat AZ: Introduced Jesse McCrea, who went to Washington D.C., for a journalism conference. Jesse McCrea~ 13950 W. Grter Rd. Marana~ AZ: Thanked the people in the Community that have supported him and made it possible for him to attend the Conference. The Conference was very educational and he learned a lot by attending. Mayor Harn: Stated to Jesse McCrea that the Town Council is very proud of him. VIII. GENERAL ORDER OF BUSINESS. A. Consent Agenda: 1. Agency Designation - Exemption of certain Town vehicles from the Arizona State Law requiring compliance with the provisions of A.R.S. Section 28-1441, Resolution No. 95-25. 2. Canvass of Vote - Resolution No. 95-23, declaring and adopting the results of the Special Recall Election held on April 25, 1995 A motion was made by Ed Honea, seconded by Tom Clark and carried unanimously to approve the Consent Agenda as written. B. Retirement System for Town general classified employees, Discussion and Approval of Arizona State Retirement System or International City Management Association (ICMA) Resolution No. 95-26 Hurvie Davis: Marana currently does not have a retirement system for it's general classified employees. The Town has budgeted this fiscal year to look into a retirement program. Mr. Davis would encourage the Council to approve a program, it's a question of what program. Many members of the Staff are depending on Social Security, that may not be there to the extent needed when the time comes. Susanne Dobel, ICMA Retirement Corporation: Explained the ICMA program to Council, in addition to the information provided to Council. The program is a 40lA, this is a similar plan to a 401K, but is different in terms of restrictions, It is a qualified retirement plan, as such it has portability, the moneys can be transferred to another retirement plan. For the Town, one of the advantages is that the plan itself becomes the Town of Marana Retirement Plan. The Town retains control over setting the normal retirement age, the maximum age set would be 65, but it may be set at less than that. The Town also controls the contribution rate for the employer and the employee and control over the vesting schedule, this is what allows the employees to have control over the contributions. Normally the vesting schedule is that the employee must work five years before they are 100% vested in the plan. lfan employee leaves prior to being 100% vested, the employer dollars are returned to the employer. The Town also may set up a restriction on the investment, if the Town has a concern about the investment options on the employer dollars going into the plan. There are basically 12 different investment options to choose from. The Town has the option of saying that the money must go into the most conservative, safe investment there is. If that is selected on the adoption agreement, the Town's money goes into the 401 Plus Fund, it is an investment fund unwritten by Guaranteed Investment Contracts. If the Town selects an investment restriction, the employee would not have the right to redirect the employer dollars into something more risky. When the employee retires, there is pay out flexibility, they can be paid in a lump sum or a periodic payment, where the employee creates a monthly income stream off the amount of money in the plan. The other option is that they may purchase an annuity, ICMA will act as the broker but they do not issue the annuity. The employer may choose whether the contributions go in before or after t~es, most put the money in before taxes, so the employees get a break on their income tax. The 40lA also offers, at the employer's option, a loan provision that the Town may adopt. It would allow the employees to 2 take loans out of the retirement plan, the minimum loan that can be taken out is $1,000.00. There is also a maximum of 85% in the account that can be taken out. That is basically a short summary of the program. Helen Key: Is this on an individual basis, each employee can make their choices out of the options. Susanne Dobel: That is correct. And the employees always have I00% control over their own contributions. They have to work usually 5 years to get vested and get control over the employer money. Mayor Harn: Can an employee invest any amount of money they want. Susanne Dobel: That is another optional provision. If the ernployer chooses, when the plan is adopted, a contribution rate is selected that is mandatory. The employees may submit voluntarily after tax contributions an amount not to exceed 10% of their salary. The contribution limit per employee is $30,000.00 per year or 25% of their salary. Hurvie Davis: Would like Susanne to list some of the municipal clients involved within the State and perhaps the Country. Susanne Dobel: In the 401 Plans: Oro Valley, Town of Fountain Hills, City of Page, Town of Sedona, Bullhead City, among others. There are about 10 different 401 Plans in the State of Arizona. ICMA is a nationwide organization, there are about 4700 employers across the U.S. that are offered programs through ICMA. Ed Honea: The employee has five options for their investment of the funds. Susanne Dobel: No the employees have twelve options. Ed Honea: Can those options be changed by the employee. Susanne Dobel: The options can be changed daily. If an employee follows the stock market and wants to keep track, they can actually do telephone transfers. There is an 800 number where they can call in and make the changes. Hurvie Davis: Regarding the older Town employees, are there any provisions for buy backs. Susanne Dobel: For general employees, it would be established through the contribution rate of the employer. Helen Key: The people who have been with the Town for many years, they wouldn't receive credit for any of that time. Susanne Dobel: That would be up to the Town, it could be done. When the plan is set up there is a start date, existing employees who have five years of service are considered 100% vested. They would be set up from the beginning to be vested, it is at the Town's discretion. Don Rohan, Arizona State Retirement System: Gave Council a brief overview of the system. The system was established by the State of Arizona in 1953 to provide benefits to all public employees in the State. There are over 300 employers in the Plan and over 200,000 active, inactive and retired members. There is over $11.5 billion that is invested in all different fields. Tbe benefits are based upon years of service, salary and a multiplier determined by the Legislature. Retirement benefits are payable at age 65 with any amount of service credit, age 62 with at least 10 years of service credit and also if years of service and age equal 80. A member can take early retirement with reduced benefits any time after age 3 50 with at least five years of service. Vesting is not an important issue with this Plan, a member does not have to have a particular amount of service, except if they want to retire early. Besides the retirement benefit, survivor benefits are provided. A Long Term Disability Program provides 2/3 of a members salary in the event that person is unable to perform his/her duties and there is also health and dental programs. When a member retires, that member can choose from among seven options. Either straight life annuity that pays the member for the rest of their life, or the annuity can be taken on a guaranteed basis of 5-i0 or l 5 years. The member will be paid for the rest of his/her life, but will guarantee either 5- 10-15 years worth of monthly payments. There is much less flexibility with this Plan. The actuary rate is determined each year according to valuation that the actuary does. Neither the member or the employer has any control over the rate. The State Legislature does have the power to change the rate if they choose to, and has done so. By Federal law if a member leaves the Plan, they can roll the money from the plan that the member contributed, into some other tax qualified provision. In the Plan the employer has no controi, the investing is done by professional investment managers. The individual does not have any access to the funds in the Plan. With a Defined Contribution Plan, the general concept of that is there is a security issue that the employer is meeting by providing this kind of Plan, the liability is on the employer. With the State of Arizona Plan, the liability rests with the State. If the retirement fund loses money, the State is still liable for the payment of benefits. The individual has no liability, the benefit is guaranteed when that person retires. Ed Honea: The employees that have worked for the Town for many years and have had no retirement, is there any way for them to buy in or buy back. Don Rohan: There is but it is very expensive, but it can be done. Roy Cuaron: He has talked this issue over with Mr. Davis, he feels the ICMA offers flexibility, where the employer has some discretion over the perimeters of the program. If the Town's not concerned with the contribution rates and are more concerned with the employee receiving a predetermined retirement benefit, suggested the Arizona Retirement System. He stated they are both good programs, it's a rnatter of how much control the Town wants to have over the retirement program. His personal preference is the ICMA, because the employee can choose how to allocate the funds. Hut'vie Day/s: The Town is currently involved with the ICMA in a Deferred Compensation Plan. In his opinion a voluntary program does not work, he wants employees to participate. He prefers the 1CMA Plan. Most employees are not familiar with investments and do not feel comfortable with them. Mr. Davis feels that both plans are excellent programs. Ed I{onea: Ifa Police Officer is in a State Retirement Program, can they buy into that 475 if they want, can they be in both programs. Susanne Dobel: Yes they may. Helen Key: Which ever Plan the Council chooses, it would be mandatory. Hurvte DaY/s: That would be the Town Manager's recommendation. The State Retirement System Plan is mandatory, the ICMA is discretionary. Susanne Dobel: It is mandatory, the 401 Plan is mandatory. Dave Smith, Chief of Police: Has several civilians employees these plans are going to apply to. One employee has retired under the State Retirement System from the Sheriff's Department after several years. She is under the impression that if we go under the Arizona Retirement System and it is mandatory, that she will have to quit her job, would like to 4 clarify whether that is true or not. Don Rotan: She would not have to quit her job. However ff she is working that she meets the criteria that was mentioned, she must become a member again. Her retirement benefits that she is getting now would be suspended. When she re-retires, her benefit would be recalculated, counting in the additional service. She could work on a psrt-time basis instead of having to quit. ~a,ae 8mitt: This employee needs her retirement, this is supplemented by her employment, it would not be feasible for her to quit. Marcia King: She has talked to several of the employees on this issue and there is some concern among the older employees. Susanne Dobel: There is a representative who would come down and do the enrollment and work with the employees. Also there is an 800 number that will give them account information and client services. ICMA understands that the majority of the employees are not finance directors, so there are services available to help them. Ed Honea: We have some employees that have worked for the Town for 10-15 years, some are close to retirement. It would be nice to make an investment for these people to get a little more retirement. He likes the State Plan because of the security, but thinks it would almost be unfair to the people who have been with the Town a long period of time. Herb Kal: Stated he would like to see some more work on these programs, showing the pros and cons of each plan, and receive more input from the employees. Mayor Harn: If they want to get in the State Retirement Program as of July Ist, the decision must be made tonight. Hur~ie Davis: According to the information Mr. Cuaron has, there is a cut offdate some time this month. Don Rohan: A decision needs to be made before July 1st, it does not mean it must be done at this meeting, it could be done at the next meeting. That would mean that their Board would not be able to consider it until sometime in July or August. The Town would not be able to make contributions until after the Board approves it. Mayor Ham: Would also like to see more input from the employees as to what they want. Hurvie Davis: With the last pay roll check handed out, there was a letter relative to the retirement plans. They have received very little response as a result of that letter, and most of that was from long term employees. He was under the impression that both plans had a catch up provision, but that it would be expensive to do. Don Rotan: There is no catch up as referred to. The provisions would be where the employer would pick up years prior. There are provisions that come time to time where an individual can buy back service under this Plan. Hurvie Davis: Since the decision does not have to be made tonight, perhaps the matter can be researched further. Possibly a committee made up of employees could be put together to receive input from fellow employees. Mayor Ham: Asked Council if they feel the retirement plan should be voluntary or mandatory. Ed Honea: He feels that it has to be mandatory or the younger people won't take it because they want that extra money. Mayor Ham: Feels there is a good consensus from Council that it has to be mandatory. Asked Mr. Davis to look further into this issue and check with the Tovm employees for more input. Betty Horrigan: On the ICMA is there survivor benefits. Susanne Dobel: In the event of death, 100% of the account balance is distributed to the member's beneficiary. If they are disabled, they are able to draw the money out, even if they keep working they can draw the money out. Helen Key: Understands that all of the money that has been paid in by the employee and the employer at the time of death or disability is available to the individual or their beneficiary. Susanne Dobel: From the ICMA Plan that is correct. Helen Key: From the State Plan they would continue if they were disabled to draw money until their death. Don Rohan: In the event of death, there is a survivor benefit paid to the beneficiary, which is twice the member's contributions and interest. In the event of a disability, the member's membership in the Plan is retained, and the member receives 2/3 of their salary. While the member is receiving disability payments, they are also earning service credit. Hurvie Davis: Asked what type of reporting is given to members. Susanne Dobel: Quarterly and yearly reports are given to each employee. Don Rohan: Because individual investments are not tracked he has not felt it necessary to give quarterly reports. There is an annual statement given to members that shows the contributions and interest that has been allocated to accounts. Members can call at any time to receive information on their account. C. Public Hearing - An appeal to the action of the Planning Commission~ who denied the rezone request for a property addressed as 5001 and 5061 W. Tangerine Road~ APN 216-02-007B~ within the NE Quarter of Section 1 of Township 12 South~ Range 12 Fast. The request was to change the zone from Zone ~'C' to Zone ~R-36" - Ordinance No. Mayor Ham declared that Council is now in Public Hearing. Hurvie Davis: Mr. Flannery was ill today so he could not brief Council on this matter. Cindy Ruiz, Planner I1 is here and could give an over~lew on this issue. Ed Honea: He is curious as to how two homes were built on the property. Beverly Janes, 5011 W. Tangerine Rd.: When the property was purchased, there was an original home, and in 1973 there was a second home built. The property has always been general rural so this was allowable. Ed Honea: Did Mrs. Janes get permits from P/ma County for the second home. Beverly Janes: Yes, the second home was built by a contractor and has 1647 square feet. The first home is a little under 1000 square feet. Cindy Ruiz: Pointed out there was a typographical error in the Staff Report, actually the 6 designation should be "R-H", which is the minimum lot size of 180,000 square feet. At the time the units were constructed, the zoning was still R-H. The question that Staff has is based on that particular minimum lot size, at the time the second unit came in, under that zoning regulation a second unit would not be permitted. Although there was a building permit issued from the Permits Department for a mobile home, that is what the Planning Staffis trying to investigate. The GR-1 zoning was adopted in 1987, so this is a significant amount of years after the two units were established, which made the property conforming in this case. Although Staff has looked into the assessor sheets and so forth, we do see that it still is one property with two listed addresses. Staff would like to look into this matter further since there is a lack of information being received from Pima County. This matter did go before the Planning Commission where it was denied based on the fact that the request for rezone was not in compliance with the General Plan. Dorothy Sharnetsky, 5151 W. Tangerine Road: Mrs. Sharnetsky is on the Planning and Zoning Commission. When this issue came before the Commission, she was not able to sit on the dais at that time due to a conflict of interest. This property abuts directly with her property. She would like to speak tonight as a property owner and not as a Commissioner. There is a long history with this particular piece of property. At one time Beverly Janes father came to Mrs. Sharnetsky's home right after his home was built and asked if it was permissible to add another bedroom on to the small unit that was there, it was at that time. As it turned out Mr. Richardson's brother-in-law and his wife moved on the property with his trailer. They built another little utility shed, and then there was three families on the property. Mr. Richardson at that time came over and discussed the situation, he was thinking of selhng the property to Mr. Colvert, his brother-in-law. Mr. Colvert wanted to split the land in three or four pieces. He came before the Planning and Zoning Commission and applied for rezoning, the County Supervisors said that this was split illegally and that they would deny the request. The Supervisors rejected and denied Mr. Colvert's request, he was there speaking on behalf of Mr. Richardson for the rezoning. Mrs. Sharnetsky is opposed to having that piece of property split up because all the other property around is 5 acres or more. She also made note of the letter addressed to Council from the Taylors. Ed Honea: Most of the lots sizes are 25 acres in that area. Cindy Ru/z: This particular subdivision has some 5 acre properties. Mayor Harn: Stated that Mr. Flannery wanted Council to hear the issue and then postpone the Resolution until he could come before Council. The Public Heating will be completed tonight but the decision will be left on this issue until the next Council meeting. Mayor Harn read into the record the letter addressed to Council from John and Dorothy Taylor. The letter stated that the Taylors are against the rezoning of the aforementioned property. Mayor Harn declared Council out of l:h.~blic Hearing, D. Public Hear/ri!il - Review of a Variance application for a Chevron gas station located at the Southwest corner of Interstate 10 and Trico-Marana Road~ alonl~ Sandario Road. This request is to reduce the front yard setbacks - resolution No. 95-24 - Council will be acting[ as the Board of Adjustments on this item. Mayor Harn declared Council in Public Hearing. Hurvie Davis: Stated that Staff supports the request. Jackie Gladden, Marana Chevron: Informed Council of her plan to remove the existing canopy and islands. Would like to build a new facility there to improve the property. 7 Hurvie Davis: Has a concern with the curb being in the public right of way. The Town and the property owner may have some liability if something occurred. If they wish to do something in terms of planting etc., they could move it back so there is an average curb lane width, he would feel better about it. Jackie Gladden: The application being asked for is the setback of the canopy. The architect met with Town Staffon the curb, we feel that curb is not good for traffic, she believes he will submit another plan when everything is fine with the canopy. Herb Kal: If the setback is granted for the canopy, the curb on the west side of the property will stick out, would it interfere to move that curb back. Jackie Gladden: It would depend on how far it would need to be set back. Ed Honea: Could the curb be removed entirely. Hurvie Davis: Thinks Staff could agree to move the curb back, as long is there is a wide enough lane. Dan Hochuli: Wanted to clarify, they are not acting as Council, but as the Board of Adjustments. The Board passes by Resolution not Ordinance. As far as this relates to the canopy it can be considered. But beyond that, with the site plan, the Board of Adjustments does not have the authority to call. Cindy Ruiz: Staff did an analysis of other commercial zones. Given that this is an old zoning classification, Staff recommended that the reduction of variance be granted per what is specified in the Staff Report, Mayor Harn declared Council out of Public Hearing, A motion was made by Ed Honea, seconded by Betty Horrigan and carried unanimously to approve Resolution No. 95-24. E. Opticom Pre-Emptor System Test - Northwest Fire District request to test traffic signal pre-emption at the Iua/Thornydale intersection. Chief Jell' Piechura, Northwest Fire District: Here before Council to look at an alternative to the lighting systems in the Thornydale/Ina Corridor in reference to safety. A1Valdez a 3M representative had a short video presentation to show Council what the Opticom System is about. This system is used in the City of Tucson and Mr. Davis is familiar with it. The system improves response time and the safety at intersections as well. A1 Valdez, 3M Company Orange County CA: Showed Council a video describing the Opticom System. Captain Kevin Madden, Northwest Fire District: The Ina/Thornydale corridor is growing so quickly and is experiencing traffic flow problems. This system will allow the Fire Department to limit the exposure and liability to any kind of intersection problems, as well as quicker response to calls. Hoping to put in a test system for 60 days, to put a pre-emptor device at the lna/Thornydale intersection, The pre-emptor will work from all directions and the device will be placed on engine 63. Capt. Madden has spoken with the City of Tucson, they used this system before they manufactured their own and were very happy with it. Ed Honea: What is the cost of the system and who pays for it. Could other devices be 8 obtained for possibly the Police Department and other agencies. Chief JeffPiechura: If the program is successful, Northwest Fire District will pay for the installation, approximately $600-700. The acquisition of the devices, Northwest Fire District will also pay for. There are three other intersections in that corridor that are compatible with this system: Ina/Old Father, Price Club/Thornydale and Orange Grove/Thornydale. Northwest would pay for those systems under the General P'und or the application of transportation grant dollars. Since it will be acquired by Northwest Fire District and maintained by them also, only vehicles authorized will be able to use it. The fire trucks will have priority since they would be acquiring the system. In reference to multi-agency use, it would only be available to Northwest Fire and the Marana Police Department. There are liability issues involved with this, 3M would cover Northwest Fire as the authorized users. Tom Clark: Are there other such systems within the Fire District. Chief Plechura: The only other user of this type of system in Pima County is the City of Tucson. Pima County Transportation has opted not to use this type of system. If it is successful, Northwest Fire would like to expand it further into the County areas they cover. Herb I/al: Coming off the hill north of Ina on Thornydale, how quickly can that light be changed frmn the truck. Al Valdez: The adjustable maximum range would be 2500 feet, the system is flexible. Tom Clark: Does the fire truck have to see the light. A1Valdez: Yes, the vehicle must be making contact with the receiver at or near the intersection. Herb Kal: Traffic signals in that area are contracted with Pima County for maintenance, should Pima County be approached on this issue. Hurvie Davis: When the Town first annexed the area it was contracted through Pima County with an IGA for approximately 6 months. The County chose not to continue it and it is now contracted through a private company. Will 3M maintain the equipment. Al Valdez: The equipment is maintained through 3M during the test. After that it is maintained through a contract with the people that now do the maintain. Hurvie Davis: At the end of the sixty day test period, you will come back to Council with a report, so a decision can be made. Chief Piechura: Yes a report will be done and the system turned off unhl Council and the Fire District agree to go ahead with the program. Ed Honea: Does the Town have any liability if the system fails or does not work properly. Dan Hochull: Any time there is an accident the Town could be liable. If the Town is responsible for maintenance of the system and it fails, then they would have liability for the failure. It would pass through as to the maintenance company that is maintaining the lights, or to 3M if the system is defective. Helen Key: 3M is supporting the system for the 60 day test period and absorbing any liability during that period of time. We are discussing what occurs once the installation is approved and it was a part of the Marana traffic system. 9 Hurvie Davis: At any point in time if there was a defect in the equipment, it would go back to the manufacturer of the system. If there was a problem with the maintenance of the equipment, it would be the Town's responsibility. Chief Piechnra: The Town's maintenance is through Arizona Traffic Maintenance, they support a number of Opticom Systems in the Maricopa Valley area. 3M will certify the installation of the system, which will meet standards. Tom Clark: What amount of time will there be in installing this system. A1 Valdez: The installer uses a bucket truck, at no time has a signal actually had to be blacked out. It can be installed as the signal is running, the only portion that would affect traffic is when the detectors are installed at the intersection. A motion was made by Ed Honea, seconded by Sharon Price and carried unanimously to approve the installation of the 3M Opticom Pre-emptor System at the intersection of Ina/Thornydale Roads for a test period of 60 days, RECESS: TIME 9:15 RETURN FROM RECESS - ALL COUNCIL MEMBERS ARE PRESENT. TIME: 9:35 F. P/ma County Department of transportation request for the Town of Marana to assume responsibility for Rural Transits Program in Marana and Avra Valley area. Ben Coif, Pima County Department of Transportation: It is a pleasure to come before the Mayor and Council to talk about the Rural Transit System for the last several years. In the information provided to Council in the packet there is a report that describes the Public Transportation Services within the Town of Marana. These services are being provided currently by Pima County Department of Transportation. Brought Council up to date on the Section 18 Rural Program. The grant application was submitted and accepted by the State, the Review Panel met on that approximately 3 weeks ago. The service area extends to the Ina Thornydale area, Mr. Coif needs Council to be aware of what the service is, how much it costs and what the routings are. Some of the funding comes from the Power Ball Lottery, 38% of the funds earmarked for public transportation in Mar/copa and Pima Counties. The dollars will not be distributed from the Power Ball funds unt/1 the total lottery reaches a certain level. Power Ball sales were good this year, they met their expectations, but the total lottery is down. The forecast for the State Department of Revenue indicates that we will not get the Power Ball distributions this year. That is bad news because there was $1 million in the Public Transit budget from that source for this current fiscal year. The total pro,ram County wide is about $3 million, the total subsiding County wide is $2.2 million. There is also cut backs in Federal Aid coming, there could be up to a 25% cut back. The Power Ball loss was reported to the Board of Supervisors back in March, at that time they requested that we go to the Public with what the potential cuts would be. They talked about setting a range of possible service reductions of 10-30%. In the case of the Rural Marana Route, there is only 4 daily trips, if you cut one, automatically that is a 25% cut. On the Urban System Routes, the County is looking at a variety of cuts, the express routes, less productive routes, Sunday service and other packages of cuts. There will be a series of public meetings on the cuts. The Town Clerk has been provided with a number of copies of a meeting announcement which can be posted throughout the Town. The first public meeting in the Metro area is next Monday night at Casa Adobes Baptist Church. One option that will be discussed with the Public will be a fare increase, how much is the Public willing to pay to keep these services. The Marana situation, the County would like to propose to Council is that of an exploration arrangement, where the Town would pay its proportional share of the Rural transit Program that is operated within the Town limits. The County would continue to pay, as it has in the past, for that portion of the route that operates outside the Town. In the 10 Rural Route there is approximately 41 miles end to end on that route, one way, 18 miles of that is located within the Town of Marana. The Town would basically pick up about 45% of the subsidy costs of the total program. About 60% of the ridership on that route is getting on or off the bus within the Town limits. We would like to approach it so that County continues to operate the Program under an IGA Agreement with the Town and the Town would provide a portion of the subsidy funding. Down the road, the Town may want to take over the program, which was discussed back in March. When Power Ball funds become available the Town would moneys, they must be spent on Public Transit. The County will continue to operate as it has in the past, through contract services, continue to provide the technical support etc. Mr. Goff is asking that the Town join with the County in a proportionate share partnership that would help carry the subsidy cost. By doing that we can maintain the service level. In terms of dollars, for the Rural Route, the Public subsidy is now about $51,000. On that pro-rated share based on mileage it would be approximately $23,000 annual cost to the Town of Marana. The service contracts will have to be re-bid starting in the Federal service year October 1, 1995. Would like Council to allow Town Staff to work with Mr. Goff's Staff in terms of putting together a possible IGA for the consideration of Council and the Board of Supervisors. If that is acceptable to Council, that is the direction the County would like it to go. Mayor Harn: When the County looks at where they are cutting, the Northwest area should be given as much consideration as some of the other areas. We often seem to be at the top of the list when it comes to cutting and at the bottom when it comes to getting. Ben (loft: In terms of cuts, they should be cut every where, in all areas. Mayor Harn: Equally. Ben Goff: Not necessarily equally, it's proportional. Mayor Ham: Directed Staff to work with Mr. Goff and his Staff on this issue and get together some type of agreement. Ben Goff: Stated he will be getting with Mr. Davis in the next week or so to start discussions and would like to come back to Council hopefully in June. G. "A" Frame Signs - Discussion of "A" Frame/Tent Signs in the Town Limits Hurvie Davis: The issue of UA" frame signs wkhin the Town limits, parffmularly in the lna/Thornydale area, bas been around for quite a while. The signs were illegal in the County prior to thc annexation. When the Town was working to annex that area, many people were concerned about the sign codes of the County. Upon annexation of the area, a Business Advisory Committee was formed, this Committee formed a number of sub- committees. One was a Sign Code Subcommittee, which immediately took this under investigation with the Town Staff. This subcommittee recommended to the Business Advisory Committee that "A" frame signs be disallowed as part of the new Sign Code, the Committee voted 7 to 4 against, this has been a very volatile issue with business owners. Mr. Finkelstein, the Chairman of the Sign Code Subcommittee was to be here tonight but is not. Mr. Davis thinks we ought to have a Sign Code that allows for easy identification of the buildings and businesses. Maybe the Town should outlaw "A" frame signs, but perhaps when a new business comes to Town allow them an exception for 60 days to identify their business m people in the area. The schedule is to come back before Council in July or August with a new Sign Code. Would also like to say one of the reasons we did not enforce the Sign Code in addition to revisiting the Town's Sign Code was that there was a lawsuit filed against us. If we enforce the Sign Code right now until we come up with a new Sign Code, and we lose the area it will be extremely difficult to get businesses to sign an annexation petition. Asked Council to hold the enforcement or removal of the "A' frae signs 11 until such time as Staff can get the new Sign Code together. Tom Clark: When this issue was brought up several meetings ago, it was in response to citizens that have called him. He wants to be able to go back to these people and give them a t/me frame that they could look forward to in getting rid of these signs. Something needs to be done about this. Does not mind the idea of the 60 day exception for new businesses, it would cut down on the nmnber of signs. Hurvie Davis: Can understand how those people feel and how the other part of the Town feels, since it has been enforced up North. If we enforce that "A' frame sign code right now and went back with an annexation petition they would not sign it. Sharon Price: Isn't there any way that since we are being forced to exist with these "A' frame signs at the moment, that they could at least move them back. Is there some sort of liability since they are out and blocking the view. Hurvla Davis: We do enforce the sight triangle, sight distance, it is a continuing problem. The Police Department and Planning Department enforce it. We are a little bit flexible right now, but there are some things that will not be tolerated. Sharon Price: Another problem that is starting up again is the Sign Code in Continental Ranch, how can that be enforced if this is not. Dan Hochuli: If somebody is violating the Sign Code and is concerned about enforcement some where else, that they can put a sign up over there, there is not a flood gate to allow this. Helen Key: The fact is that it is not legally, totally our Town, in every regard. But when it becomes our Town, which it will, it would be nice to send out a letter to these people saying welcome and state the problem with the Sign Code. Herb Kal: How does the City of Tucson treat "A~ frame signs. They went through a big deal and it was resolved that it would be allowed. Hurvie Davis: That is correct. From what he understands, they allow "A" frame signs with a permit and fee. There are some restrictions on size and location of the signs. H. Tucson Water request for the Town of Marana to pass an Ordinance requiring Tucson Water users within the Town limits of Marana be required to conserve water during declared emergencies and imposition of penalties for non-compliance. Hurvie Davis: In Council's packet tonight there is an Ordinance from the City Manager of Tucson, talking about the Emergency Water Conservation Ordinance that was adopted by the City. The City has come to Marana, Oro Valley and South Tucson asking them to adopt a like Ordinance to allow enforcement of this. Staff has not yet met with City Officials on this matter but would like to do so soon. Brad DeSpain: Congratulated the Mayor and Assistant Mayor on their success in the election. It is Mr. DeSpain's understanding in talking with Pima County, that they did not totally approve it, not at this point. Tucson thought they should administer some kind of emergency water conservation Ordinance to protect the people. The Ordinance is a common feature in water utility operations in most of the Western United States. This proposed Ordinance contains that the City Manager, upon recommendation of the Water Director, authorize and declare a water emergency. Tucson Water instead of talking about anything ahead of time wants to talk about it when it occurs. The Town of Marana needs to have 12 input in these issues as well. Referred Council to a copy of the Ordinance and what is included in it. Tucson Water wants to enforce civil penalties, they can do this within the City limits, but they cannot do this in unincorporated Pima County areas or other jurisdictions. The only way they can enforce anything is to discontinue service. Mr. DeSpain feels that is a great concern, there is liability there for several people. Mr. Davis wrote a letter to Mr. Brown, asking him to let Marana contact their office. We have not heard back yet to set a time and a date. Does the Town want to agree to let them do water conservation within our Town, many issues need to be discussed on a regional basis. They want to apply a $250.00 reconnect fee and a civil penalty of up to $250.00, that needs to be kicked around, who should get it. He thinks that the Town should get a complete list of all Tucson Water customers in the Town and a map of the Tucson Water system. Herb Kal: Can relate to Tucson Water serving Continental Ranch in Marana, but thinks there are complete separate circumstances with Cortaro and others. Thinks Tucson Water is trying to tie it all together, and it does not make any sense. Hopes it can be separated out. Brad DeSpain: Agrees and that it Staff's intent. We cannot put a blanket over this, like you can a certain area. We need to look at it on a region basis so that something could be recommended. And people would be willing to try to work with. Ed Honea: Is the original request made by Tucson Water that the Town of Marana pass an Ordinance, so they can fine people within the Town of Marana. Brad DeSpain: That is correct. Ed Honea: Commented that it sounds like bad news. The Town could fine somebody if they wanted to, but not the City of Tucson in the Town limits. Brad DeSpaiu: Does not think they can outside of the City limits. Oro Valley said they would do the fining and take the money, not Tucson. Ed Honea: If they turned the water off, such as in Continental Ranch, they would have lawsuits filed against them. You cannot cut peoples water off in the summer. And ff you do, you had better be very careful. Hurvie Davis: Would have to educate people in the Continental Ranch and lna/Thornydale area as to why it applies just to them, that they are on a separate water line in those areas. Staff will continue to meet with the City of Tucson and will bring this matter back before Council. I. July 4th Council Meeting - According to Town Ordinance No. 95.07, the July 4th Council Meeting will be held on July 5, 19g~5, or the Council may elect to hold this meeting on another dater due to the July 4th Holiday. Council agreed to meet on July 5, 1995. J. Mayor's Report Mayor Harn worked hard and was re-established in her position. She also participated in a Walk-A-Thou with the Junior High School for the Red Ribbon campaign, Students Against Drags. On Sunday, Mayor Ham was present at the meeting of the V.F.W. For the first time they had their Southern Regional V.F.W. in the Marana Park and were really delighted with the area. K. Town Manager's Report Hurvie Davis and the Mayor have been meeting with an individual in the Valley relative to a recreational amusement complex in the Town. Has a meeting this Thursday with an 13 investment broker out of Texas. Looking at a $40 - 50 million recreational amusement complex, will update Council after the meeting takes place. Trying to get a group together, Oro Valley, Oro Valley Chamber of Commerce and so forth to expand Tangerine Road, and get ADOT involved. Chip Seal Program is going to start tomorrow, the Iow bid was $280,000 and the high bid was $325,000. There will be a lot of chip sealing going on in the Town. Stop signs will be going in at Cortaro Road and the frontage road, traffic will be stopping in all directions. There is a meeting of the Blue Ribbon Committee Thursday morning, which he hopes he can attend. IX. FUTURE AGENDA ITEMS None AI~OURNMENT A motion was made by Tom C~ark, seconded by Betty Horrigan and carried unanimously to adjourn. TIME: 10:49 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 May 2, 1995. I further certify that a quorum was present. OSECLOSE, TOWN CLERK 14