Loading...
HomeMy WebLinkAbout08/26/2008 Special Council Meeting MinutesSOWN OF .~ , ..r~, , ~, M1taizaNf> > gR~[~NP SPECIAL COUNCIL MEETING MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 August 26, 2008, at or after 6:00 p.m. SPECIAL MEETING (Keith Brann) Keith Brann addressed Council with an update on the FEMA floodplain maps. Mr. Brann stated that FEMA took everything that Marana had that wasn't flood plain but was downstream from a feature that FEMA wanted to consider levee-like, and FEMA failed all of these areas because they are not levees and therefore, FEMA created indeterminate floodplains. Mr. Brann spoke on the Town having the CAP Canal Berm, the railroad and I-10. The CAP has aberm-like structure and overshoots that have capacity to allow flood waters to pass through. Mr. Brann showed council and members of the audience the current map. I-10 and the railroad have a significant number of culverts, and in the case of I-10 there are interchange openings that pass A. CALL TO ORDER AND ROLL CALL Present: Mayor Ed Honea, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Russell Clanagan Absent/Excused: Vice Mayor Herb Kai, Council Member Roxanne Ziegler. Vice Mayor Kai joined the meeting at 6:30 p.m. B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE Mayor Honea led the pledge of allegiance and the moment of silence. C. APPROVAL OF AGENDA Presentation only. D. CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. Dr. Mark Falcon, asked Council to please have Town staff conduct a study on getting a quiet zone where the railroad passes the crossing in Marana on Orange Grove Road. E. PRESENTATIONS - 1) Presentation: Relating to Development; presentation on the status of the Tortolita Fan drainage study in response to FEMA's draft floodplain maps SnWN nr ~:. , , ~~ MAIlANA ~ HRILUNP SPECIAL COUNCIL MEETING MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 August 26, 2008, at or after 6:00 p.m. significant amounts of water. They do not act like levees. Mr. Brann stated that in general, even in our worst flooding conditions, all of the water passes through this system within a few hours. Mr. Brann went over the floodplain map, explaining in detail how FEMA declared much of Marana as a floodplain. Mr. Brann explained how Congresswoman Gabrielle Gifford became involved with this issue and how after her involvement, FEMA responded with a letter in March 2008 stating. their acknowledgement of how levee-like structures are not levees, they don't have to meet levee criteria, and they can be individually modeled as to how they can affect floodplain and the flow of flood waters. FEMA asked to see local engineers' determination of what the .floodplain characteristics are, and that is how the Town began its study on this issue. Mr. Brann then introduced Mr. Clint Glass, who went over the Town's floodplain study. Mr. Glass showed the Council and audience members the study maps, explained how the study was conducted, and showed a couple of videos showing some of the major water courses that affect the community. Mr. Brann then gave an overview of flood insurance and post-firm and pre-firm construction. He went over the different flood zones that each section of Marana is in and explained the rates for each. Mr. Brann stated that FEMA's study was indeterminate compared to the Town's floodplain study, as the Town determined the depth of flow and velocity of flow. Mr. Brann explained that the Town's study has shrunk the amount of area the FEMA declared floodplain and that if it is accepted by FEMA, this would have a large cost savings to residents. Mr. Brann stated that the Town submitted the study to FEMA on August 12. He explained that the Town expects final results sometime in October. Preliminary firm maps are to be expected in late 2008. Mr. Brann then addressed questions from the audience pertaining to specific developments by D.R. Horton and how they are zoned and reiterated the process in which the Town submitted the study to FEMA and when results are expected. Mr. Brann suggested that if the public would like to see where their homes could potentially fall in the floodplain map area, that they can view the draft maps of the Town's study. The Mayor recessed the meeting at 7:02 p.m. and reconvened in the Board Room at 7:20 p.m. 2) Presentation: Relating to Water and Wastewater (Barbara Johnson) Gilbert Davidson stated that staff would be discussing three key elements regarding Marana's water plan for community sustainability: political, legal, and technical. Mr. SOWN of 9 MAI2ANA ~ A/tlL V;vr SPECIAL COUNCIL MEETING MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 August 26, 2008, at or after 6:00 p.m. Davidson asked council to consider whether or not Marana has developed the right strategy to achieve the sustainable vision for the community as it relates to water sustainablity. He mentioned the key strategy points and achievements that staff have made tremendous advancements in. Mr. Davidson stated that the Town thought it best not to delay in finding water sources for the Town and that staff began finding ways in securing future water ~: sources.. He thanked Westland Resources for their assistance in helping Town staff .create maps that were. shared with the Council. Mr. Davidson spoke regarding the Town's management of its aquifer. He stated that the groundwater management code was put. in effect and the active management areas were designed to ensure that a system worked with the Town's natural environment. Brad DeSpain spoke regarding how agriculture and growth have affected the water issue. He gave a history starting with 1920's farming up to recent events surrounding water usage in the area. Frank Cassidy gave an overview on the legal issue surrounding water. He stated that state law requires the Town to replenish the groundwater that it takes out. Mr. Cassidy stated that Marana is in the Tucson Active Management Area (AMA). He stated that all AMA's new subdivisions are required to show a 100 year assured water supply. Most subdivisions get their assurance by connecting to a water company. A water company gets its assured water supply designation by showing that it has physically available water, the legal right to that water and the ability to replenish as much water as it is drawing out of the ground. Mr. Cassidy stated that in Marana there is plenty of water in the aquifer, but the issues are the legal rights to that water. He stated that for the Town to get the legal rights the Town would have to replenish what it takes out. Effluent plays into this in the basin. Mr. Cassidy then went over the wastewater treatment facility ownership. He stated that it came to be as a result of two 1979 agreements between the Town and Pima County. This agreement is the center of the Town's current wastewater litigation issue. Mr. Cassidy stated that the reason ownership of a wastewater treatment facility is important because there are only two ways to get effluent, and one of those is to own a wastewater treatment facility. The second way that control of effluent can be obtained is to enter into a contract. with someone who owns...a wastewater treatment facility to acquire the effluent. The drawback to the second way is that the only way to get a 100% benefit of the effluent being acquired is to have a term of contract exceeding 100 years, and it is very difficult to obtain contracts for term lengths as this. Another drawback is that there is .never a guarantee of contract renewal, as the right is not permanently owned, and chances of getting a renewal are slim. Mr. Cassidy stated that ownership of the wastewater treatment plant is better than the best possible long-term effluent acquisition agreement. `pWN OF 9 h~~rlan~, q~illv~'' SPECIAL COUNCIL MEETING MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 August 26, 2008, at or after 6:00 p.m. Dorothy O'Brien addressed Council regarding the water quality within the Town. She gave a presentation explaining.. how the characteristics. of groundwater do change over time. The Town's water still meets the safe water drinking act. She expressed that communicating. more with residents about the water in the Town is something that should be done. Ms. O'Brien stated that it is very important to seriously consider moving forward with wastewater treatment facility ownership. She stated that by controlling the Town's effluent, the Town will be able to ensure a sustainable resource, and the Town will be able to control its future growth. Barbara Johnson gave an overview of the story of water in Marana. She.explained the cost of implementing the water strategies. She stated that Marana residents will , pay just as much not to own their ownwater, as they will to own and control their. own future and water. Frank Cassidy then stated that the cost that citizens would pay to Pima County would be the same whether they pay it to Pima County or to the Town. He further stated that by operating the wastewater system, the Town has significant benefits on the water side. Ms. Johnson gave a PowerPoint presentation and explained the maps and photos. Mr. Davidson then asked for questions from Council. Council Member Clanagan asked for a legal overview of where the Town is since the ruling of the wastewater litigation issue. Mr. Cassidy stated that the Town has asked for finalization of language of the ruling that the judge made. The request is currently pending as the County has filed .opposition to the judge's ruling. Mr. Cassidy stated that a ruling on that request is expected shortly. Council Member Clanagan asked staff what they wanted Council to do. Mr. Davidson stated that staff would like help from Council in communicating with citizens what the Town's vision is. He stated that everyone needs to understand that this is about the cost of the Town's water.: Council Member McGorray re-iterated the need to keep the magnitude of investors back east who want to purchase water in Arizona. She stated that the Town should move forward in every aspect of the water and wastewater aspect so that the Town can control its own destiny. Her concern is the cost and how high that cost will get. Council Member Comerford stated that it would be irresponsible for the policy makers of the Town not to move forward and continue with the direction that they have gone to at this point. She further stated. that in order for the Town to prosper forward direction must be taken. Council Member Kai stated that his concern is the cost of building the facility. Brad DeSpain stated that. at build out, the Town will stand to lose $238 million to Pima County and that this amount won't be of benefit to the Town. Council Member Kai simply asked for staff and Council to look at the numbers again. `VWN OF ~. ., ~~ ntaizAN?, gRIZVHP SPECIAL COUNCIL MEETING MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 August 26, 2008, at or after 6:00 p.m. Barbara Johnson stated that the numbers were calculated based on industry standards and that the exact cost. would not be known until building begins. Frank. Cassidy pointed out that the consultant, Dan Jackson of economists.com, is the person :who helped determine rates for the .state and also keeps track of rates for the state. Mr. Cassidy stated that these are real numbers and that the Town has looked at it from the perspective that the Town does: not want citizens to pay more on the wastewater side .after the Town .takes over the. operation, than what- the citizens paid to Pima County. Council Member Comerford thanked staff for their efforts, energies, and passion that they:-have put forth in the water/wastewater matter. Mayor Honea stated that he believes staff is very competent and that they have put the community's,interest at heart. He stated that the Town should move forward with this issue. Dorothy O'Brien stated that there is a relationship between the water and wastewater bills. She stated that if the Town does not control its water resources, then citizen's water bills will continue to rise and they could rise exponentially. ,. Gilbert Davidson closed with thanking Council for their patience and understanding in representing the community and making sure staff continues in the right direction. He stated that staff would continue to ensure that the .Town is moving in the right path. ANNOUNCEMENTS/UPDATES - PROCLAMATIONS - F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve :all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, SAWN nt v MARANA ~ gR~LUhP SPECIAL COUNCIL MEETING MINUTES Council Chambers 11555 W.:Civic Center Drive, Marana, Arizona 85653 August 26, 2008, at or after 6:00 p.m. and that issue will be discussed and voted upon separately, immediately following the Consent agenda. J. COUNCIL ACTION K. BOARDS, COMMITTEES AND COMMISSIONS L. ITEMS FOR DISCUSSION/POSSIBLE ACTION M. EXECUTIVE SESSIONS 1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 2. Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131. N. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) O. ADJOURNMENT Upon motion by Council Member McGorray, second by Vice Mayor Kai, the meeting was unanimously adjourned 6-0, Council Member Post having left the meeting prior to adjournment. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana meeting held on August 26, 2008. I further certify that a quorum was present. celyn C ronson, Town Clerk ~, 1~ ~. Town Council