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HomeMy WebLinkAbout03/15/1994 Regular Council Meeting MinutesPLACE; MARANA TOWN HALL DATE_: March l 5, 1994 TIME: 7:00 P.M. I_. CALL TO ORDER By Mayor Ora Ham at 7:03 P.M. !!. PLEDGE OF ALLEGIANCE Led by Mayor Ora Ham. II!!. INVOCATION Led by Mayor Ora Ham. IV. ROLL CALL Ora Ham Sharon Price Tom Clark Ed Honea Betty Horrigan Herb Kai Helen Key Mayor Vice Mayor, excused Council Member Council Member Council Member Council Member Council Member, excused STAFF: Hurvie Davis Sandra L. Groseclose Gerald M. Flannery Dan Hochuli Town Manager Town Clerk Planning Administrator Town Attorney 7 members of the Public. V. APPROVAL OF AGENDA A motion was made by Herb Kai, seconded by Betty Horrigan and carried unanimously to approve the agenda. VI. APPROVAL OF MINUTES A. Regular Meeting, January 4, 1994. B. Regular Meeting, January 18, 1994. C. Regular Meeting, February 1, 1994. D. Regular Meeting, February 15, 1994. A motion was made by Ed Honea, seconded by Betty Horrigan to approve the minutes of the Regular Meetings of January 4, January 18, February 1 and February 15, 1994. VII. PETITIONS AND COMMENTS None. VIII. ANNOUNCEMENTS Mayor Ora Harn announced that on March 22, 1994, 10 A.M. there is the groundbreaking ceremony for MTC and asked the Council and Staff to add any names not already on the invitation list so that the Town Clerk can submit them in bulk to MTC. Sandra Groseclose announced that Marana Founders Day Committee will have its first meeting on Thursday at 7:00 P.M. at the Town Hall. IX. STAFF REPORTS (ON FILE) A. Engineer's Report B. Police Report C. Public Works Report D. Magistrate's Report E. Building Official's Report F. Recreational Site Manager's Report G. Financial Report H. Planning and Zoning Administrator's Report I. Legal Department's Report J. CDBG Report Hurvie Davis commented that some of the reports were late because of timing and the work load. For the month of February in the Financial Report, Building and Development Permit Fees, page 3, Mr. Davis read off some revenue figures. The Building Official's Report had difficulty getting inspection figures. There were 50 new building permits, a record number. There were some big permit fees providing much revenue from several large projects including MTC and Hinckly - Schmitt. The Mayor noted the special recognition to Police Chief David Smith for him to attend a conference, one of only a few in the entire state chosen. Ed Honea asked about the Public Works Report, noted the huge workload with roads and weeds. He wondered whether more personnel could be hired. Hurvie Davis said that additional people could be hired. There has already been one person hired. The Mayor said the Public Works Superintendent should make an estimate of what will be required for the Public Works Department. Ed Honea commented on the Police Report for February 1994 on Traffic Stops. He noted that there has been an increase in the number of stops and an increase in citations in relation to the number of stops. He wanted to know if the Police were being overzealous in issuing citations, whether all the citations were necessary. Tom Clark agreed that the matter should be looked into to see if there is a problem. Hurvie Davis said he would take the matter up with the Police Dept. MINUTES OF REGUI,AR COUNCIL MEETING MARANA TOWN COUNCIL MARCtl 15, 1994 X. ORDER OF BUSINESS At. Appointment Of Town Liaison To The Greater Marana Avra Valley Chamber Of Commerce Board of Directors Mayor Ora Harn said that the Chamber of Commerce asked her if the Council could appoint a liaison to the Chamber. Vice Mayor Sharon Price was suggested for the job, and the Vice Mayor later agreed. Ed Honea asked if the Chamber Liaison is to be a member of the Board. Mayor Harn said that the liaison would be ex officio position. A motion was made by Tom Clark, seconded by Ed Honea and carried 5-0 to appoint Vice Mayor Sharon Price as the Town of Marana's liaison to the Greater MaranaJAvra Valley Chamber of Commerce Board of Directors. B. Preliminary_ Plat Map - Ouail Park. Parcel 52D. Lots 1-30. Gerald Flannery said that the project engineer Wil Davis has worked with the Staff to answer questions. The Staff has no objections to approval of the plat. A motion was made by Ed Honea, seconded by Betty Horrigan and carried 5-0 to recommend approval of the Preliminary Plat Map for Quail Park lots 1-30 (Continental Ranch, Parcel 52D) as stipulated by the Planning Commission. C. Town Council / Senior Staff Retreat Hurvie Davis said that this issue was brought up last meeting, and is here again so that the Council and Staff could set a date and time. He suggested that the Retreat be held locally instead of in Phoenix due to the travel time required. Mayor Harn suggested the Motel 6 near Ina - 1-10. Hurvie Davis said that could be done, but was unsure if Motel 6 had a conference room. Sandra Groseclose said that she has made calls to possible meeting locations and Motel 6 does not have a conference room. Westward Look has high costs. White Stallion Ranch is too busy. Village Inn - Oracle has a room open weekdays but not on weekends. Ed Honea said having the Retreat on Friday would be possible. Herb Kai suggested Cortaro Water Users' board room and get food delivered/catered or La Cafiada Country Club. Betty Horrigan suggested having the Retreat Saturday at the Town Hall. Hurvie Davis said it could be done at the Town Hall. Mayor Harn disliked the chairs. Ed Honea said they should have a comfortable place and a decent meal. The Mayor wanted another two weeks to locate a good location. D. Introduction Of New Employees To the Town Council Discussion - Process Mayor Harn said she talked with the department heads, and a picnic during the summer in the park was suggested. Hurvie Davis said that if the employees were required to attend after regular work hours, they would probably have to be compensated. He said that some people feel uncomfortable being formally recognized in front ora group; a more informal setting is preferred. Tom Clark does not see the problem; it is only an introduction, not really all that formal. Hurvie Davis said that he once saw a police captain in Tucson be nervous about appearing before the Council. Mr. Davis agreed to take the matter to the department heads. E. Preliminary. Plat Approval For Continental Ranch. Parcel 11 Gerald Flannery said that the plat was submitted to the Planning Commission on February 21, 1994, and was recommended for approval. It meets all requirements and Staff has no problems with it. Scott Seldin, Ranch Holdings LLC, 6617 N. Scottsdale Rd. introduced himselfi Ed Honea asked about sewer capacity, and John Wood of WLB Group, 4444 E. Broadway, Tucson, responded, said that the sewer issue was discussed with Staff. There are capacity limitations in the Eastern Interim Pump Station of Continental Ranch Parcel 11. The station's capacity is for 600 units. Pima County Wastewater (PCW) will change some of the pumps to improve the sewer capacity for the future developments. PCW has approved the plat but not the sewer capacity. Parcels 17 and 10 have sewer service agreements, however they will not issue a sewer service agreement if the system does not have adequate capacity. Only the preliminary plat is in question. Nothing else can be done if PCW finds inadequate sewer capacity. Gerald Flannery said that one thing he was concerned about was would Pima County Wastewater sign off on the wastewater issue. If they do, then he has no problem because PCW follows strict guidelines. Ed Honea was concerned that Marana would have liability for the sewer system. Gerald Flannery said that liability is with PCW, in his non-legal-expert opinion. John Wood added that the sewer agreement was approved by the Pima County Board of Supervisors and the service agreement was with PCW. Hurvie Davis said that Marana will not issue a building permit unless PCW gives approval. A motion was made by Ed Honea, seconded by Tom Clark and carried unanimously to approve the preliminary plat for Parcel 11 as stipulated by the Planning Commission. _F. Intergovernmental Agreement Between The Town Of Marana And Pima County_ For Maintenance Of Traffic Signals. Street Lighting And Permanent Traffic Counting Stations Hurvie Davis said that the IGA was made with the County to maintain traffic signals, lighting, and traffic counting. The County wanted Marana to use a private company to do the maintenance, however there are not many private companies that can operate the signals given the signals' complexity. A Resolution was adopted to hold harmless the County for the maintenance. The County wanted a five-million dollar liability coverage. The present liability is for one million dollars. Dan Hochuli said that the Assistant County Attorney agreed to the one million dollars. A motion was made by Ed Honea, seconded by Tom Clark and carried 5-0 to adopt Resolution //94-03 approving an Intergovernmental Agreement with Pima County for maintenance of Traffic signals, street lighting and permanent traffic counting stations. Recess at 7:55 P.M. Reconvene at 8:08 P.M. excused previously. All Council Members present except for Sharon Price and Helen Key who were MAI~NA TOWN COUNCIL G. Report On New Computers And Programs Hurvie Davis spoke on the new system, said that productivity has greatly improved. Tom Clark asked if bids were taken and Mr. Davis responded, said that there were three bids, all mostly similar. They took the lowest best bid which does not necessarily mean the lowest dollar amount bid. H. CommuniW Development Block Grant Week Proclamation Mayor Harn mentioned the invitations sent to the Council and Staffto the CDBG event. Hurvie Davis wondered if he had to participate in the water dunk tank game. The Mayor said that they did not have to because the City of Tucson would not participate in the events. I. Recommendation And Approval Of Appointment To The Town Of Marana Annexation Task Force The three council members on the Annexation Task Force are Ed Honea, Betty Horrigan and Tom Clark. The Mayor asked if they have to approve the resolution, and Dan Hochuli said that a resolution has been prepared. The Council would have to approve it. A motion was made by Herb Kal, seconded by Betty Horrigan and carried unanimously to adopt Resolution #94-04 establishing a Town of Marana Annexation Task Force and appointing the following Town Council members: Ed Honea, Betty Horrigan, Tom Clark. Hurvie Davis asked the Mayor about the three members from the public, and the Mayor said that the Task Force will have a meeting to discuss that matter and report back to the Council with recommendations. Dan Hochuli spoke on Marana annexation procedures, said that the Town could legally begin an annexation and file all the paperwork before the Council takes any action. The Task Force should set up a procedural policy. Mayor Harn appointed Tom Clark as Chairman Pro Tempore to work with Hurvie Davis to set up the meeting. J. Reallocation Of 1991 CommuniTy_ Development Block Grant Loan Program To The Marana Clinic Building Program Mayor Ora Harn declared a conflict of interest, passed the gavel to Ed Honea, and left the dais. Betty Horrigan gave a summary and recommended approval. Tom Clark asked about the leftover $50,000. Hurvie Davis explained that some revolving loan funds were not used although the money is still allocated to the Town. It should be used. Ed Honea said that the CDBG Committee and Al Kulwin have approved the reallocation. It would be a grant instead of a loan to the clinic and the clinic building will be leased to the DES. The Town Attorney should include a clause in the agreement so if the clinic were to close within the next five years (thus invalidating the grant), the clinic would revert back to the Town, otherwise the building would belong to the Clinic provided the building is used for non-profit activities. Dan Hochuli thought Ed Honea's suggestion was an interesting one. He would not like to see the building go to creditors if the Clinic went bankrupt. In order to avoid that possibility, ownership of the building should go to the Town for the five years with a $1 per year lease and the Clinic then sublease the building to DES. Sandra Groseclose suggested that the Town be the creditor so that if the Clinic does become insolvent, the Town could still possess the building. Betty Horrigan said that if the DES does move into the building, it would create jobs. Tom Clark was concerned about parking availability. A motion was made by Herb Kai, seconded by Tom Clark and carried 5-0 to approve reallocation of the 1991 CDGB Loan Program to the Marana Clinic Building Fund. Ed Honea returned the gavel to Mayor Ora Ham. K. Payment to Caviglia Garnishment Hurvie Davis explained the situation, said that a $12,000 payment was due for Mr. Caviglia's service on the Ina - Thomydale annexation. Dan Hochuli that the Town was obligated to pay up to $10,000 by court order. Mr. Caviglia was dissatisfied with the court order. Mayor Itarn asked if the Town paid the $10,000, would the Town have to pay attorney fees later. Mr. Hoehuli said that if the Town pays the $10,000 to Envirofill, then Envirofill will want the remaining $2,000 that the Town is not obligated to pay, Envirofill will likely sue for the remaining money. Mr. Caviglia would like the entire $12,000 paid. Herb Kai asked about the Town's total liability and other money owed. Mr. Hochuli said that if the annexation lawsuit is decided in Marana's favor, as is expected, then $35,000 is owed to Mr. Caviglia. To date, $6,000 has been paid. If the $12,000 payment is approved by the Council, then the total paid to Mr. Caviglia would be $18,000. The Town would only have to pay the remaining money ($17,000). A motion was made by Tom Clark, seconded by Herb Kai and carried 3-2 to pay the sum of $12,000 to ENVIROFILL CORP. in order to satisfy the Writ of Garnishment on Ron Caviglia, and that this sum be deducted from amounts to be paid to Mr. Caviglia. L. Mayor's Report. The Mayor deferred her Report to another time, restated her previous announcements. M. To nM na er' R rt Oral report by Hurvie Davis. He gave an update on the levee situation, said that he met with CALMAT. CALMAT had a problem with the amount of land that they had to contribute. He and Pima County Staff met and agreed to reduce the easement land from 75 acres to 15 acres. The Fairshare ordinance with Westinghouse has been extended several years for preparation purposes. In the annexation area, businesses in the Fry's shopping center contacted Mr. Davis with concerns about traffic flow. He will meet with them to discuss the situation. The Town's East Water Well tested with a nitrate level at 8.5. XI, FUTURE AGENDA ITEMS None. 311!, ADJO _ _DRNMENT A motion was made by Betty Horrigan, seconded by Tom Clark and carried unanimously to adjourn. Time: 9:00 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 am a true and correct copy of the minutes of the Marana Town Council Meeting held on March 15, 1994. I further certify that a quorum was present.