HomeMy WebLinkAbout06/21/1994 Regular Council Meeting Minutes_PLACE AND DATE:
Marana Town Hall, June 21, 1994.
I_. CALL TO ORDER
By Mayor Ora M. Ham. Time: 7:04 P.M.
I_1. PLEDGE OF ALLEGIANCE_
Led by Mayor Ore M. Ham.
Il_il. INVOCATION/MOMENT OF SILENCE
Led by Mayor Ore M. Harm
IV. ROLL CALL
_Council
Ora M. Harn Mayor
Sharon Pdce Vice Mayor
Tom Clark Council Member
Ed Honea Council Member
Herb Kal Council Member
Betty Horrigan Council Member
Helen Key Council Member
~TAFF:
Hurvie Davis
Sandra L. Groseclose
Kelly Schwab
Gerald Flannery
Mick Mathieu
Town Manager
Town Clerk
Town Attorney
Planning Administrator
Town Engineer
19 members of the public.
~V. APPROVAL OF AG_ENDA
Mayor Ham noted that the agenda Item X-K should be removed.
A motion was made by Tom Clark, seconded by Betty Horrigan and carried unanimously to approve the agenda as
read with the exclusion of Item K in Order of Business Appointment of the Community Development Block Grant
Coordinator and Approval of Contract.
V~I. APPROVAL OF MINUTE~
~A. Special Meeting. January 5, 1994.
_B. Regular Meeting, April 19. '1994.
C~. Special Meeting. May 5. '1994.
D. SPecial Meeting, May '10. '1994.
E_. Regular Meeting, May 17. 1994:.
F. Special Meeting, May 31. 1994.
G_. Regular Meeting. June 7. '1994.
Ed Honea made a correction to the May 17, 1994, minutes: Item XI-C Proposal to rezone approximately 44 acres, "A
motion was made by Ed Honea, seconded by Betty Horrigan that thero be a 600 foot parallel R-36 zoning on Del
Norte and De Oeste 600 feet from the property line, the west and south side, the commeroial zoning south of Marana
be R-8 and MR-1 apartment zoning be changed to R-8, and all R-6 zoning be changed to R-8. (Commercial north of
Camino de Manana, balance of the property would be R-8 with the exception of 600 parallel corridors on the south
and west sides. Also mandated at least 10 acres to be given to Marena school district for an elementary school and
the property be signed over prior to any buildin9 permits being issued. R-8 zoning should be listed as 3-RAC to be
part of the ordinance."
A motion was made by Ed Honea, seconded by Tom Clark and carried unanimously to approve all the minutes of
January 5, April 19, May 5, May 10, May 17, May 31 and June 7, 1994 with the correction to the May 17, 1994,
minutes.
VI~I. PE_TITION_S AND COMMENTS
1. David Smith, Chief of Police, 12870 Grief Rd.: He introduced his new employees: Karen Clark, Elizabeth
O'Connell, Linda Wagman, Aurelio Arenda.
2. Sheri Kelly, 14399 N. Went. z: Suggested that the Council have volunteer interns to assist them in preparation for
Council Meetings.
3. K,T. Berry, Pima Co. Parks and Recreation, 13671 N Reyer: She gave an update of activities at the rec center.
Vll__l. ANNOUNCEMENTS
None.
I~X. ST~AFF RE_pORTS - ON FILE
A. Enaineer's Reoor~
B. Police Chief's Report
C. Public Works Superintendent's Report
D. Magistrate's Report
E. Building Inspector's Report
_F. Finance Report
G_. Planning Dept. Report
H. Legal DeDL Report
I. CDBG Reoort
Sandra Groseclose noted that Building Official Vick Chamis was ill and unable to complete his repod. Hurvie
Davis provided additional information on the report.
Tom Clark asked about the Public Works report, the well for the park and rec center. Hurvie Davis answered that
the well is still down. Sandra Groseclose stated that the well is now back in operation.
X. ORDER OF BUSINESS
A_. Co_mposting And Tire Recycling Within Town Limits
Hurvie Davis gave a summary, said Pima County is looking for other liquid pond locations, said he will inform the
Council as more information becomes available. Tom Clark was concerned that Pima County may be able to
circumvent Town ordinances. Kelly Schwab stated that she wanted to do more reseamh on the subject. Mayor
Harn wanted to take a firm position with Pima County on expanding the Tangerine Rd. Landfill. Hurvie Davis stated
that he would invite County staff for the next Meeting. Ed Honea suggested that this subject may require a special
Council Meeting. Mayor Harn suggested that Mr. Davis set up a meeting with County solid waste officials to discuss
the subject before there is a meeting.
B. Liouor License Request For Seasons Restaurant.
Timothy Pappin, 4500 E. Sunrise, Marana: He answered questions about his restaurant.
A motion was made by Ed Honea, seconded by Betty Horrigan and carried unanimously to grant a #12 Series
liquor license for Seasons Restaurant at 3821 W. Price Club Dr.
C. Liquor Ligense Reouest For Marana Chevron
Jackie Gladden, 11701 W. Moore Rd., Owner of Marena Chevron: She explained that she wants to sell carry-out
liquor (beer and wine) from her store at the gas station.
Helen Key noted that there are already locations in the neighborhood that retail alcohol
A motion was made by Tom Clark, seconded by Sharon Price, and carded 6-1 with Helen Key voting No to approve
the #10 Sedes liquor license for Marana Chevron.
D. Lower Santa Cruz River Flood Control Pro_iect - Status Hurvie Davis gave the Council an update of the project.
Dave Smutzer, Pima County Dept. of Transportation, Flood Control District: He said Pima County got two
appropriations for the project. The Legislature approved $1.25 million dollars to replace Avra Valley Rd. Bridge. The
County will match that amount, making the total $2.5 million dollars. $500,000 for Avra Valley Rd. flood control
improvements were also approved. $2.4 million will be for the Lower Santa Cruz River Levee Project. $1 million by
Bureau of Reclamation for the upgrade siphon outlet crossing. Mr. Smutzer's department has met with State Land
Dept. The Avra Valley Rd. Bridge will be completed by 1997. Adjustments to the road and bddge will be done.
Adjustments to levee alignment will be made. Bidding will be done for the design in Spring 1996 and work begun in
August 1996.
Ed Honea questioned when, if ever, this project will be done when discussions, plans and promises had been made
years ago and now work won't start until late 1996. Dave Srnutzer answered that the delay is for design of the
bddge and the levee cannot be done until the bddge is finished. Ed Honea inquired why cannot the levee be done
before the bridge. Dave Smutzer replied that the levee could be done downstream of the bddge. Puffing in a levee
would cut off access to the old Avra Valley Rd. Bridge. The road would have to be raised up and over the levee.
The Dept. of Transportation Flood Control Distdct assumed that it would not pay for right-of-way for the new levee but
rather have granted an easement through landowner property to build the Levee. Having to pay for right-of-way
would seriously affect the project budget. Land owners have not yet granted easements for the new levee. Also,
land owners who benefit from the levee should participate in funding. Ed Honea replied that land owners have
already been paying the Pima County Flood Control Distdct for many years. Dave Smutzer stated that it is County
policy and that monies collected would not pay for this particular project.
Herb Kal asked if Calmat is in agreement in moving the alignment. Dave Smutzer said that Calmat has not agreed
to the revised alignment but are encouraging and prefer the alignment closer to the dver. Calmat would donate
300,000 cubic yards of material. Herb Kal asked how the alignment being closer to the river would affect property
owners on the south side of the dver. Dave Smutzer answered that indeed, redirected water would cause problems,
so the County planned to do excavatLon within the channel. Also, the County's Section 404 permit from the U.S.
Army Corps of Engineers expires in December, so a new permit would have to be obtained for the levee and bridge.
Mayor Haro stated that she and the Town Manager have visited property owners in the area about the project, and
they only have some minor concerns but are supportive.
Tom Clark asked about the new bridge, what it specifications would be. Dave Smutzer replied that the new bridge
would probably be 720 feet long. Alignment and exact placement of the new bddge in relation to the old one still
need to be studied. The levee would add about 5 feet to the height of the bddge. From the bridge to Continental
Ranch the channel would be excavated. Excavating the channel would lower the height of the bridge and levee.
Tom Clark asked if the County will move effluent discharges from the river. Dave Smutzer said that effluent could
be recharged but does not know of any plans to do so.
Mayor Ham stated that she and the Town Manager have met with the City of Tucson and Pima County about
placing a treatment plant near the Pinal - Pima County line that would take the effluent instead of putting the effluent
in the dyer.
Betty Horrigan asked about the two years needed to finalize the design. Dave Smutzer replied that several months
are used to evaluate possible alignments of the design concept including the length and height of the bridge, then
approval from the AZ Department of Transportation must be given, then surveying must be done, the design stage
process, and then the bid and award process. The design should be finalized in Spring 1996 and construction would
start in Summer 1996.
Helen Key asked about the extension of sunset closure of project monies. Dave Smutzer said the important one is
the $1 million previously appropriated which is for design, right-of-way but primarily for construction. June 1995 is the
set expiration date. The County would seek a one-year extension of the IGA contract with Arizona Dept. of Water
Resources. The sunset clause for the appropriation for the replacement of Avra Valley Rd. Bridge should not end
before construction by 1997.
Ed Honea asked about the time required for the project. Dave Smutzer said that six months would be needed for
bridge and levee construction with completion set for Phase 1-A Continental Ranch to Landfill Downstream to be the
end of January 1997.
Mayor Harn stated that she wanted the official record of this Meeting carefully preserved for future reference to this
matter.
Hurvie Davis asked about right-of-way requirements for the new alignment and the recharge - replenishment project.
Dave Smutzer answered that the County would revise the legal descriptions to follow the levee alignment. The right-
of-way would not be changed. For the replenishment project, the initial phase would not tie in but Phase 1-B and
Phase 2 would tie in.
Mick Mathieu suggested that the County talk with the Arizona Department of Transportation.
John Kal1 PO Box 428, Marana: He asked about people downstream. Dave Smutzer said that the excavation of
the channel will help.
Helen Key asked about the completion times of the other phases. Dave Smutzer said that Phase 1-A starts
downstream of the bank protection of Continental Ranch to downstream end of Tangerine Road Landfill. Phase 1-B
continues the levee to Sanders Rd. This phase is not yet scheduled due to lack of financing.
K.T. Berry, 13671 N. Reyher: She asked how Rillito factors into the project. Dave Smutzer replied that the levee
would protect the town from flooding.
Recess. 8:27 P.M,
Back in session. All Council Members present. 8:40 P.M.
E. Inter-Governmental Agreement ¢IGA) With State Of Arizona. Governor's Office Of Dru(~ Policy For Marana
Hur~ie Davis gave a summary.
Melissa Bassett, Coordinator Marana Alliance Against Substance Abuse and Gangs, 41042 E. Cathy Lane: She
gave details of the program and answered questions. Mayor Harn gave additional information.
A motion was made by Bett~ Horrigan, seconded by Ed Honea and carried unanimously to approve Resolution 94-
06 Authorizing an Inter-Governmental Agreement between the Town of Marana and the State of Arizona and the
Governor's Office on Drug Poticy.
_F. Funding For Mamna Youth Programs
Betty Horrigan gave a summary, asked for funding for personnel for the programs and answered questions. The
Council discussed the issue and expressed its support.
~_. Management Training Core. I Arizona Department Of Corrections Treatment Center
Mayor Ham stated that she met with Dan Hochuli and said that he would like to discuss the agreements.
Hurvie Davis gave a summary, said that he, the Town Attorney, the DOC and MTC have met to come to an
agreement.
Tom Clark objected to the proposed name on the building in Section 2.4 of the proposed agreement.
Ed Honea questioned the wording of Section 1.4. Kelly Schwab provided additional information and answered
questions.
Sheri Kelly, 14399 N. Wentz: She expressed her concern about the three-year term for MTC. The agreement
should prevent the DOC from changing the facility into a prison.
Mike May, DOC: He said the DOC wants to make sure the language of the agreement is correct.
Bill Blissett, MTC Project Director: He responded to Ms. Kelly's comments, stated that MTC intends to renew their
contract after three years. Also, the facility is not designed to be a pdson.
Mayor Harn supported Tom Clark's position on the facility name.
Hurvie Davis said that the State could obtain land and do just about anything it wanted on it.
~_. Request For Approval By Richmond American For Preliminary_ Plat. Parcel 4. Continental Ranch
Gerald Flannery provided a summary, stated the recommended changes by the Planning Commission and the
possible consequences of the changes. Mick Mathieu provided additional information. Mayor Ham was concerned
with making of Keamey Place and Kearney Drive continuous; it could encourage dangerous driving behavior.
John Wood stated he would agree with the Council's decision on the Keamey Place/Drive change.
A motion was made by Sharon Price, seconded by Ed Honea and carried unanimously to approve the preliminary
plat for parcel 4 Continental Ranch, 145 lots [and that Keamey P/ace and Keamey Drive be changed as
recommended by the P/anning Commission.]
I_. Drainage Retention Pond - Producers Cotton
Hurvie Davis stated he has talked with Producers Cotton but they have not responded to his letter.
recommended turning the matter over to the legal department to see if legal action is necessary.
He
Herb Kal volunteered to look talk with Producers Cotton,
A motion was made by Sharon Price, seconded by Tom Clark and carried unanimously to direct Staff to draft a letter
to Producers Cotton.
J_. Resolution 94-07 For The Extension Of '1991 And 1992 Community_ Development Block Gran~_
A motion was made by Ed Honea, seconded by Sharon Price and carried unanimously to approve Resolution 94-07
authorizing the extension of 1991 and 1992 Community Development Block Grants.
_K. Appointment Of The Community_ Development Block Grant Coordinator And Anoroval Of Contrac_t
Removed from agenda.
L. Double Chip _Seal Of Adonis Road
_M. Double Chio Seal Of Barnett Road
N. Twin Peaks Road - Triple Chip Seal
Hurvie Davis gave a summary of agenda items L., M. and N
Mick Mathieu addressed the road improvements issue, and stated it will be about 3 weeks to get the bid packages
out.
O. ICA With Pima County For Services At The Pima County_ Jail - Resolution 94-08.
A motion was made by Sharon Price, seconded by Helen Key and carried unanimously to enter into the
Intergovernmental Agreement offered by Pima County for the provision of jail facilities for Town prisoners.
P. Renewal Of Fire Service Contract Between Avra Valley Fire Department And Town Of Maran_a.
A motion was made by Tom Clark, seconded by Helen Key and carried unanimously for the Town of Marana to
renew its contract for fire service with Avra Valley Fire Department for the next fiscal year.
A motion was made by Tom Clark, seconded by Sharon Price and carried unanimously to approve Resolution 94-
10 for the Town of Marana to renew its subscription with the Avra Valley Fire District for prompt response to calls for
fire, rescue or emergency medical services, and declaring an emergency.
Q. Resolution 94-09 Renewal Of IGA Between Town Of Marana And Pima County_ Animal Control
A motion was made by Helen Key, seconded by Betty Horrigan and carded unanimously to approve Resolution 94-
09 and enter into an Intergovernmental Agreement with Pima County for two years for the provision of animal control
services and enforcement of the Marana Animal Control Code.
EXECUTIVE SESSION PURSUANT TO A.R.S. SECTION 38-431.03(A}i4} FOR DISCUSSION AND
CONSULTATION WITH TOWN A'r'I'ORNEY TO CONSIDER ITS POSITION AND INSTRUCT ITS A~-rORNEY
REGARDING SE'I-FLEMENT OF DILTS V. MARANA
A motion was made by Betty Horrigan, seconded by Helen Key and carried unanimously to enter into executive
session. 10:30 P.M.
Back from executive session. All Council Members present. 10:43 P.M,
S. D~cussion And Action Regarding Settlement Of Dilts V. Marana Emeloyment Litination
A motion was made by Helen Key, seconded by Sharon Price and carried unanimously to settle Case #CIV 93-24
TUC-ACM, Dilts v. Marana, for the sum of $16,500.00.
T. Resolution 94-12 - Extension Of IGA With Pima County_ To Provide Traffic Signal Service For An Additional 60
Days
A motion was made by Herb Kal, seconded by Sharon Price and carried unanimously to approve Resolution 94-12
extending the Intergovernmental Agreement with Pima County an additional 60 days which provides maintenance
services for Town traffic signals and lights.
_U. MAyor's Report
Continued to July 5, 1994 Council Meeting.
V. T~wn Manager's Reoort
Hurvie Davis stated that he is interviewing for the part-time utilities director, he has placed adds for the town
engineer staff position. He is working on the Northpoint Shopping Center. He is working with Hugh Holub on water
issues. He is working on the compensation plan for Town employees. And he is finalizing the budget, which is now
at $8.4 million. There should be a Study Session for the budget. Mayor Ham agreed.
XI. FUTURE AGENDA ITEMS
Meeting with Department Heads on the budget.
XlI. ADJOURNMENT
A motion was made by Tom Clark, seconded by Sharon Price and carried unanimously to adjourn. Time: 10:50
P.M.
AUDIO TAPES OF THE MEETING ARE AVAILABLE AT THE MARANA TOWN HALL CLERK'S OFFICE
CERTIFICATION
I hereby certify that the foregoing minutes are the true and correct minutes of the Regular Council Meeting of the Marana
Town Council held on June 21, 1994. I further certify that a quorum was present.
TOWN CLERK
H:\MII'
Meeting length: 4 hrs.