HomeMy WebLinkAboutOra Harn - 03/15/1994 - (Minutes) Agenda Item X.J
MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN COUNCIL
MARCH 15,1994
PLACE:
MARANA TOWN HALL
DATE:
March 15, 1994
TIME:
7:00 P.M.
1. CALL TO ORDER
By Mayor Ora Ham at 7:03 P.M.
11. PLEDGE OF ALLEGIANCE
Led by Mayor Ora Ham.
M. INVOCATION
Led by Mayor Ora Ham.
!Y. ROLL CALL
Ora Ham
Sharon Price
Tom Clark
Ed Honea
Betty Horrigan
Herb Kai
Helen Key
STAFF:
Hurvie Davis
Sandra L. Groseclose
Gerald M. Flannery
Dan Hochuli
Mayor
Vice Mayor, excused
Council Member
Council Member
Council Member
Council Member
Council Member, excused
Town Manager
Town Clerk
Planning Administrator
Town Attorney
7 members of the Public.
Y. APPROVAL OF AGENDA
A motion was made by Herb Kai, seconded by Betty Horrigan and carried unanimously to approve the
agenda.
U. 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.
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MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN COUNCIL
MARCH 15,1994
A motion was made by Ed Honea, seconded by Betty Horrigan to approve the minutes of the
Meetings of January 4, January 18, February I and February 15, 1994.
VH. PETITIONS AND COMMENTS
None.
VIH- 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
1. 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 th(
month of February in the Financial Report, Building and Development Permit Fees, page 3, Mr. Davis read of
some revenue figures. The Building Official's Report had difficulty getting inspection figures. There were 5(
new building permits, a record number. There were some big permit fees providing much revenue from severa
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 wondei
whether more personnel could be hired. Hurvie Davis said that additional people could be hired. There I
already been one person hired. The Mayor said the Public Works Superintendent should make an estimate
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 be
an increase in the number of stops and an increase in citations in relation to the number of stops. He wanted
know if the Police were being overzealous in issuing citations, whether all the citations were necessary. Tc
Clark agreed that the matter should be looked into to see if there is a problem. Hurvie Davis said he wot
take the matter up with the Police Dept.
MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN COUNCIL
MARCH 15,1994
X. ORDER OF BUSINESS
A. Appointment Of Town Liaison To The Greater Marana Avra Vallty 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 Marana/Avra Valley Chamber of Commerce Board of
Directors.
R. Preliminary Plat Map - Quail 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 Caffada 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 of a 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.
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MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN COUNCIL
MARCH 15,1994
E. Preliminary Pla"A pr-Qval 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 himself
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 I I as stipulated by the Planning Commission.
F. Intergovernmental Agreement Between The Town Of Marana And Pima CounjX For Maintenance Of
Traffic Signals. Street Lighting And Permanen 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. All Council Members present except for Sharon Price and Helen Key who were
excused previously.
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MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN COUNCIL
MARCH 15,1994
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. Communijy Development Block Grant Week Proclamation
Mayor Harn mentioned the invitations sent to the Council and Staff to 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.
1. 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 Kai, 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.
Reallocation Of 1991 Communi1y 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
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MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN COUNCIL
MARCH 15,1994
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
concemed 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 - Thornydale 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 Harn asked if the Town paid the $10,000, would the Town have to pay attorney fees later. Mr.
Hochuli 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 ftorn amounts to be paid to Mr. Caviglia.
L. Mayor's Report.
The Mayor deferred her Report to another time, restated her previous announcements.
M. Town Manager's Report
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
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