HomeMy WebLinkAbout02/19/1991 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN COUNCIL
FEBRUARY 19, 1991
Place
Marana Town Hall
IN ATTENDANCE
Council
Mayor Ora Ham
Vice Mayor Bob McCrea
Tom Hum
David Morales
Doug Mostyn
Jo Rex
Bill Schisler
Staff
Charles Dinauer, Town Manager
Eileen Dilts, Town Clerk
Bob Kern, Streets Department
George Kline, Magistrate
Lynn Radcliffe, Chief of Police
Vick Charnis, Building Inspector
Public
Robert Condit, 12523 W. Moore Road
Tab LuJan, Marana
Juell Smith, 11911 N. Grief Rd. #102D
Bill Blanset, Marana Fire Asst. Chief
R. A. Insalaco, Sr., Marana Fire Chief
Dave and Sandy Retterer, 7414 W. Palm Brook Place
Lynne and Ted Palin, 7495 W. Mountain Sky Dr., Marana
Sharon Price, 7565 W. Yellowmoon Pl., Marana
Charlyne Abbett, 7505 W. Mountain Sky Dr.
Alan Johnson, 13448 Warfield Cir.
Gary Henley, 11525 W. Grief Rd.
Stephen Henley, 12320 Sandy Rd.
Wes Morgan, 10750 N. Wasson
Bill Fisher, 12601 N. Morgan
Dave Smutzer, Pima County Dept. of Transportation, 32 N.
John Bernal, Pima County Dept. of Transportation
Hal Horrigan, 13865 N. Sandario Rd.
Betty Horrigan, 13865 N. Sandario Rd.
Jack Harris, M.A.N.T.I.S.
Mike Leverenz, M.A.N.T.I.S.
Ed Honea, 12051 W. Swanson
Janie Marie Henley, 12659 N. Hester St.
Barry Gerber, 12635 N. White
Roy E. Fulmer, 12360 W. Swanson
Craig Bratt, 4825 N. Anway
Bill Worthey, Marana
Thomas A. Clark, 11599 W. Barnett Rd., Marana
Ernest Biollo, 3601 N. Reservation, Marana
Ed Stine, 14515 Lackett Rd.
Wily Murphy, 7701 N. Bellwether Dr.
Pat Jacobs, 115 N. Church Ave., Tucson, 85701
Stone
MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN COUNCIL
FEBRUARY 19, 1991
PAGE 2 OF 9
Barbara Honea, Marana
Nelson Sabbe, Chamber of Commerce
J. D. Henley, Marana
E. F. Garcia, Marana
R. Snow, Tucson
D. Sample, Tucson
Chuck Hudson, Triple H Lock, 13710 N.
Jack Shaffer, 12704 N. Sanders
Other members of the public.
Sandario Rd.
I. Call to Order
Mayor Harn called the meeting to order at 7:06 p.m.
II. Pledge of Allegiance
Mayor Hard led the public
flag.
in the pledge of allegiance to the
III. Invocation
Mayor Ham asked for a moment of silent prayer, especially remem-
bering those fighting in the Persian Gulf.
IV. Roll Call
The Town Clerk called the roll and all members were present.
V. Approval of Agenda
David Morales moved to approve the agenda with moving item XIII.
F. to the first order of business. The motion was seconded by
Tom Hum and carried, with Doug Mostyn voting "no".
VI. Approval of Minutes
Bill Schisler said that on page five, XI. L., it should be added
to his motion "for consultation for legal adviGe with Town Attor-
ney'', and stating the time back in open session.
Doug Mostyn said on page three, V., it should say "Sick time and
personal time is lost if not used in the fiscal year".
David Morales moved to postpone approving the minutes of the
February 5 meeting until next meeting so the above changes can be
made. The motion was seconded by Doug Mostyn and carried.
VII. Petitions and Comments
Hal Horrigan, 13865 N. Sandario Road, said he has been trying to
get the Town property which surrounds his store to be properly
graded, especially the street between his store and the Tiger Den
is in very bad shape.
Janie Henley, 12659 N. Hester, said the lighting in the above
area is not good, and there is a small ditch.
MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN COUNCIL
FEBRUARY 19, 1991
PAGE 3 OF 9
Nelson Sabbe, Chamber of Commerce, agreed with the previous
statements, but would describe the ditch as a biG ditch.
VIII. Announcements
Betty HorriGan announced that Saturday, February 23,
Clean Machine will be pickinG up trash set at the curb.
1991, the
IX. Public Hearings
a. 1991 Community Development Needs
At 7:16 p.m., Bob McCrea moved to Go into public hearinG on 1991
community development needs. The motion was seconded by David
Morales and carried.
Juell Smith, 11911 W. Grief Road, said she is treasurer of a
committee formed to "Save the Mack". They propose to restore the
first fire engine, and they are askinG for $10,000. The engine
would be used in parades, fire prevention week, etc. and would be
a memorial to Bill Gaudette and Don Frew.
Nelson Sabbe, Chamber of Commerce, asked for 850,000 to use for
more affordable housinG.
Mayor Harn said there was a request from Marana Health Center for
$8,292 for land and buildinG acquisition.
DouG Mostyn and Betty HorriGan requested $2,000 for Founders Day
to GO toward the breakfast.
Bob McCrea thought we should concentrate on pavinG all unpaved
roads for dust abatement.
Mayor Harn announced that next year, CDBG day will be in Marana.
At 7:24 p.m., Tom Hum moved to come out of public hearinG. The
motion was seconded by Jo Rex and carried.
b. Proposed Chapter 22, Nuisance and Property Maintenance Code
At 7:25 p.m., DouG Mostyn moved to Go into public hearinG on
nuisance and property maintenance code. The motion was seconded
by David Morales and carried.
Nelson Sabbe of the Chamber of Commerce, Bill Fisher of 12601N.
MorGan, Tom Clark of 11599 W. Barnett Rd., Barry Gerber of 12635
N. White, Wily Murphy of 7701 N. Bellwether, Bill Worthey of
14999 Sandario Rd., J. D. Henley of 12321 W. Swanson, Bill Fisher
of 12601 N. MorGan, Janie Henley of 12649 N. Hester St., Roy
Fulmer of 12360 W. Swanson, and Charlyne Abbett of 7505 W. Moun-
tain Sky all spoke against the proposed legislation. It was felt
this is a farminG community, and too many of the restrictions
could not possibly be adhered to. It was said to be redundant
MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN COUNCIL
FEBRUARY 19, 1991
PAGE 4 OF 9
and restrictive, utterly ridiculous, and scared some to death.
Many people moved out here to get away from restrictions.
Bob McCrea, speaking as a private citizen, said he was happy so
many people came tonight. The proposed chapter 22 contains
little he can agree with and it is so prohibitive that it should
be thrown in the trash.
David Morales, speaking as a private citizen, said the citizens
should be scared. At the last meeting, Ray Honea was the only
one speaking against the proposed legislation as people didn't
know it was happening. He urged people to check all agendas,
which are posted at various places in the Town, to see if there
if something they need to know about and can then state their
opposition prior to its becoming a law. Council is here to serve
the people, but the people must keep themselves informed.
At 7:54 p.m., Doug Mostyn moved to come out of public hearing.
The motion was seconded by Bill Schisler and carried.
X. A. Presentation - Unified Court System - Pat Jacobs
Pat Jacobs, 115 N. Church, a Justice Court Administrator,
information on the Court Reform Plan and answered questions.
Arizona Court System would be a three-tier structure:
gave
The
The Supreme Court
The Court of Appeals
A Unified Trial Court
In the Unified Trail Court, every court would be full service,
and there would be no need to go to the County for some services.
There would be an Intergovernmental Agreement, present judges
would be grandfathered in, but then would run for election.
X. B. Presentation - Santa Cruz River Bank Protection Project -
John Bernal/Dave Smutzer
John Bernal, Director of Pima County Department of Transportation
and Flood Control District, presented background information and
answered questions. The first phase is ready to proceed. About
2,000 acres need to be acquired. The financing for flood control
comes from property tax.
XI. Marana Volunteer Fire Department, Inc.
A written report was in the packets. Bob McCrea told Chief
Insalaco he knew of funding for two E.M.T.'s and to contact him
about that.
XII. Staff Reports
XII. A. Engineer's Report
The report was in writing in the packet.
MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN COUNCIL
FEBRUARY 19, 1991
PAGE 5 OF 9
XII. B. Police Report
The report was in writing and Chief Radcliffe answered questions.
XII. C. Street Report
Bob Kern's report was in writing and he answered questions.
XII. D. Water Maintenance and Improvement Report
There was a written report from Mr. Kern.
XII. E. Water Financial Report
The report was in the packet,
through December, 1990.
but Mr.
Dinauer noted it was only
XII. F. Magistrate Report
Judge Kline's report was in writing.
community service.
He answered questions about
XII. G. Building Inspector's Report
The report was in writing and Mr. Charnis answered questions.
XII. H. Financial Report
The report was in writing and Ms. Dilts answered questions.
XII. I. Planning and Zoning Report
The report was in writing. Mr. Dinauer said three builders,
Estes, Colonial Homes, and U. S. Homes, in addition to Vision
are interested in building in Continental Ranch.
XII. J. Recreation Site Manager's Report
The report was in the packets, and Mayor
included each month.
Ham said it will be
There was a break at 8:38, and the meeting resumed at 8:47 p.m.
XIII. F. Ordinance 981.02 Adopting Chapter 22 - Nuisance and
Property Maintenance Code
Bill Schisler moved to continue this until another meeting to
consider the comments made at the public hearing and to direct
staff to redraft before it is brought back. The motion was
seconded by Doug Mostyn and carried. There will be another
public hearing on the changes.
XIII. A. Executive Session Pursuant to A.R.S. Section 34-431.03
A. 1. - Personnel Matters
At 8:49 p.m., Bob McCrea moved to go into executive session to
discuss personnel matters. The motion was seconded by Bill
Schisler and carried.
The meeting was back in regular session at 10:15 p.m.
MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN COUNCIL
FEBRUARY 19, 1991
PAGE 6 OF 9
XIII. B. Resolution 91-03 Budget Amendment, Adding $10,600 to
Police Personnel Budget - Officer out of M.A.N.T.I.S.
Doug Mostyn moved to table this item until staff does more re-
search on this issue. The motion was seconded by Jo Rex and
carried.
XIII. C. Formation of a Fire District
Bob McCrea said this has been discussed over and over and we
finally need to take action. Mr. McCrea moved to adopt Resolu-
tion 91-07 - Formation of a Fire District. The motion was sec-
onded by David Morales.
There was concern over the cost of an election. This would be
paid out of the first year's budget. Bill Schisler said there
shouldn't be a tax imposed, and he cannot support this without
knowing the cost. Northwest Fire District is cheaper, perhaps we
should let them in.
David Morales said the people are paying a tax anyway. He feels
we should let the people decide.
Tom Hum agrees with Mr. Schisler and is not ready to make a
decision.
Chief Insalaco gave information on costs of running a fire dis-
trict. If the issue fails at the polls, we could have Rural
Metro come in. If the department is ever municipalized, the
district would %hen dissolve. North West will continue covering
Marana until our department is equal or better.
Nelson Sabbe, Chamber of Commerce, said creating a fire district
will not automatically mean a better department. He does not
think it will pass. The rescue service part of the department is
what costs the most. There would be costs every time there is an
annexation to redefine the boundaries.
Roll call vote was as follows:
Vice Mayor McCrea, yes
Tom Hum, no
David Morales, yes
Doug Mostyn, yes
Jo Rex, yes
Bill Schisler, no
Mayor Harn, abstain.
Motion carried.
XIII. D. Community Development Block Grant
MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN COUNCIL
FEBRUARY 19, 1991
PAGE ? OF 9
Mr. Dinauer listed the projects requested tonight: Save the
Mack, $10,000; Chamber of Commerce, $50,000; Marana Health Cen-
ter, $8,292; Founders Day, $2,000. We also need money to finish
Tangerine Road. Money for small businesses and rehabilitation
was suggested.
XIII. D. b. Review of 87, 88, 89 and 90 Community Development
Block Grant Fund Status
Mr. Dinauer said he has a list for 87 and will respond to any
questions. The 87 funds will be used up by July 1, 1991. In 88,
the public service health care may not be used. The 89 adminis-
tration funds may not be used, but we may get them transferred.
The direct program in 89 is not used up. The loans were turned
over to TLDC, and council wants a report from them. Mayor Ham
requested that someone represent them at the next meeting.
XIII. E. Chamber Request for Subdivision Fee Deferral or Reduc-
tion - Legal Opinion
The legal opinion was in the packets, and Doug Mostyn moved to
direct staff to draft a resolution to defer development fees in
certain cases and have it for the April 2 meeting. The motion
was seconded by Bill Schisler. When it was determined it could
be ready for the March 5 meeting, Mr. Mostyn amended the motion
to have it for the March 5 meeting. Mr. Schisler seconded the
amendment. Motion carried as amended.
Nelson Sabbe said the Chamber is non-profit, thus the request.
XIII. G. Accepting the Resignations of Don Hawkins and Aimee
Hendricks from the Planning Commission
Bob McCrea moved to accept the resignations of Don Hawkins and
Aimee Hendricks from the Planning Commission and to send them
letters of thanks for their dedicated service to the community.
The motion was seconded by Bill Schisler and carried.
Mayor Ham said a letter showing interest must be sent by those
willing to serve on the Planning Commission.
XIII. H. Request to Advance the Water Utility $15,000 for Water
Main Replacement
Jo Rex moved %o advance the Water Utili%y $15,000 for water main
replacement. The motion was seconded by Doug Mostyn.
There was a question on where we are in the Cortaro Water acqui-
sition. Mr. Dinauer said it should be next week. The money can
be returned when the acquisition takes place.
David Morales asked the Clerk the general fund balance. Ms.
Dilts said around 868,000. Mayor Harn said we need this repair
to stop overtime and the inconvenience to the customers.
MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN COUNCIL
FEBRUARY 19, 1991
PAGE 8 OF 9
David Morales was concerned that the consultant told us the lines
were in good shape. He will check with our attorney on whether we
have any recourse.
Motion carried, with Jo Rex voting "no".
XIII. I. Ordinance 91.05 Parks and Recreation, First Reading
Mr. Dinauer said this is the first reading, and any items of
concern or changes be brought to him before the next meeting. The
school board will meet next week, and the actual transfer should
be the middle of March.
XIII. J. Resolution 91-06 Setting Park User Fees and Related
Requirements
Mr. Dinauer said this fee schedule essentially follows Pima
County's. Bob McCrea feels we should increase all charges to try
to keep the park solvent. The Town will have to hire summer help,
such as lifeguards. Bill Schisler said the school might help with
summer help expense.
XIII. K. Ordinance 91.06 - Regulation of Off-Road Recreational
Motor Vehicles - First Reading
Chuck Dinauer said this ordinance is for first reading. We have
been receiving complaints about off-road recreation vehicles.
Bill Schisler had a concern on 5. A. 2.
XIII. L. Ma~or's Report
Mayor Harn reported on her vacation to Zion National Park.
Bob McCrea reported
out of the District.
before that request.
about 43% of the CFD are requesting to be
The letter distributed was written and sent
XIII. M. Manager's Report
The report was in the packets.
XIV. Future Agenda Items
Mostyn/Hum/McCrea - special council meeting to discuss personnel
policies and the M.A.N.T.I.$. personnel problem.
Morales/Mostyn - Fourth of July fireworks to be a Town event (not
enough suDport)
A special council meeting was set for February 26.
Jo Rex thought there should be a study session for personnel
policies but at a later date, as council persons are involved in
the Town Manger selection process.
Mayor Harn said there were 154 applications.