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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.