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HomeMy WebLinkAbout09/16/1997 Regular Council Meeting MinutesPLACE AND DATE Marana Town Hall, September 16, 1997 ALL T RDER By Mayor Ora Harn at 7:07 P.M. PLEDGE OF ALLEGIANCE Led by Mayor Ora Harn IlL INVOCATION Led by Mayor Ora Harn IV. ROLL CALL COUNCIL Ora Ham Bobby Sutton, Jr. Ed Honea Herb Kai Sherry Millner Michael Reuwsaat Roxanne Ziegler Mayor Vice Mayor Council Member Council Member Council Member, excused-arrived at 7:07 Council Member Council Member STAFF Hurvie Davis Michael Hein Dan Hochuli Sandy Groseclose Jerry Flaunery Roy Cuaron Jocelyn Entz Brad Despain Floyd Foster Dave Atler Dave Smith Hugh Holub Ann Meaders Town Manager Assistant Town Manager Town Attorney Town Clerk Planning & Zoning Director Finance Director Executive Asst. to Town Manager Utilities Director Water Operations Manager Public Works Director Chief of Police Water Department Attomey Water Administration Manager V. APPROVAL OF AGENDA A motion was made by Ed Honea, seconded by Vice Mayor Sutton to approve the agenda as presented with the exception of moving Item E and F to precede Item B. The motion was carried 6/0. ACCEPTANCE OF MINUTES The minutes for the meeting of September 2, 1997 were continued until the next Council Meeting at the request of the Town Clerk. CALL TO THE PUBLIC/ANNOUNCEMENTS Dave Atler: Introduction o£ new employees: Deana Hubele Darice Larriva Elton Bums Darryl Graham Jerry Flaunery: Introduction of new employees: Shara Canez Lisa Segars Ed Honea: There will be a luncheon on September 17, 1997 at 12:00 Noon at Trico. Mayor Harn: On September 27, 1997, the Marana Health Center will have its 40th Anniversary. Roxanne Ziegler: The Saguaro Republican Women's Club has formed and is looking for new membership. They meet at Continental Ranch Community Center on the first Wednesday of each month at 7:00 P.M. VIII. STAFF REPORTS None IX. GENERAL ORDER OF BUSINESS Consent A~ 1. Resolution No. 97-93 - Continental Ranch Parcel 26 Release Of Assurance Agreement, Trust No. 4708, For Lots 1 Through 37, Common Area A, And Acceptance Of Public Improvements For Maintenance 2. Resolution No. 97-94 - Continental Ranch Parcel 28 Release Of The Assurance Agreement, Trust No. 4709, For Lots 1 Through 162 And Common Areas A And B And Acceptance Of Public Improvements For Maintenance 3. Resolution No. 97-95: Request For Liquor License Transfer - Request By Tucson Entertainment, L.L.C. (Stampede), 4386 West Ina Road, Marana, AZ 85741 4. Resolution No. 97-88: Twin Peaks Subdivision By Continental Ranch - Request For Approval Of A Single Family Detached Manufactured Home Subdivision Preliminary Plat Located On The Southwest Portion Of Scenic Drive And SilverbeH Road In The Pima Farms North Specific Plan Area In A Portion Of Section 20, Township 12 South, Range 12 East. Applicant Is Meyers Development Corp. P.O. Box 65629, Tucson, Az 85728 A motion was made by Ed Honea, seconded by Vice Mayor Sutton to approve Consent Items 1 through 4. The motion was carried 6/0. E. General Discussion - Pending Bond Sale NOTE: This will come back to Council October 7, 1997 for approval. Mark Reader, Peacock, Hislop, Staley and Given, Inc.: Gave a presentation on the Bond Rating Review and discussed the Bond Rating Review Document that was prepared by Standard & Poor's Corporation. Pages 18, 19 and 20 explain the sources and uses and how the Bond Rating is being derived. Discussed refunding the Public Works, Water Company and Improvements. The duration was for different lengths of time. Public Works had an amortization of 10 years. The Water Company and Improvements had an amortization of 25 years. Council was encouraged to contact the Financial Director, Roy Cuaron, with any questions once the document was reviewed. Mr. Cuaron would then contact Mark Reader, or other appropriate contact, to get answers for the Council. F. Discussion/Direction - Parking Problems Rivulet Place At Rivulet Drive In Continental Ranch No action taken by Council. Council did direct staff to communicate with Homeowners and the Little League to see what can be done to alleviate the parking problem, rather than take action with an Ordinance to regulate parking. Council felt it important to approach citizens first. This problem occurs primarily during Little League Season. B. pUBLIC HEARING: Ordinance No. 97-28: Significant Land Use Change By Granite Construction - Appeal Of A Request To Establish A Sand And Gravel Extraction Operation On Properties Located On Tangerine Road And Approximately ~ Of A Mile West Of Interstate-10, Adjacent To The Pima County Regional Landfill, Within A Portion Of Section 1 And 2 Of Township 12 South, Range 11 East, Assessor's Parcel Numbers 215--01-005A. Application Is Granite Construction, P.O. Box 27557, Tucson, AZ 85726 NOTE: Sherry Millner arrived at 7:07. NOTE: Taping of minutes was interrupted from beginning of meeting until 8:30 due to problems with the tape. Bill Schisler, 12561 North White Avenue: Suggested the Council listen to the individuals who have property close to the site and listen to their concerns. Michael Johnson, 4842 East Cooper: Opposes the Significant Land Use Change. His property is in between these two sites for Granite Construction. Marc Palkowitsh, 650 South Cherry Street, Denver, CO 80246: Opposes the Significant Land Usc Change. Mike Grassinger, Planning and Zoning Department: Representing Granite Construction, gave a presentation on the site and addressed the concerns of Marc Palkowitsh and Michael Johnson. The applicant had agreed to move the processing portion of the operation further south from Tangerine Road. The aggregate processing, concrete batch plant and asphalt plant would be approximately 1,000 feet from Mr. Palkowitsh's property. In addition, the 300 foot wide landscape area and berm would help block the plant from view. The major noise generator, the asphalt burner element, would be designed so that noise from it would be directed toward the County landfill. During the final phase of operation the processing plant would be moved into the excavation pit on the south side of the property. This would hide the plant and block all noise at that time. All emissions and dust generated by the plant are heavily regulated by County, State and Federal regulations. The portable equipment to be used by Granite is similar to that being used at their Swan Road plant near Los Reales. That plant is consistently well below the allowable limits for dust and odors. Asphalt odors are very localized and will not be detectable beyond the property boundaries. The smoke-like emission from the asphalt plant is primarily water vapor or steam. All traffic will enter and exit the site at only one point at the far east edge of the property on Tangerine Road. In the future, an alternative alignment will direct truck traffic across the CalMat property to the re-alignment of Tangerine Road. Currently Tangerine Road has the capacity for 16,000 trips per day. The traffic on the road is 660 trips per day. Granite, at full capacity, will generate about 485 trips per day. However, by that time the landfill will be closed and the 660 trips associated with the landfill will no longer exist. The result will be less impact on Tangerine Road at that time. Can the overburden be used to fill up the previous hole when the site is moved? Ted Hayworth, Granite Construction Company: Yes, this is an option. What Granite would want to do is to concentrate that effort on the frontage to be reclaimed first so it can be converted and used as light industrial commercial property. Mike Grassinger: The overburden from both sides A and B could be used to fill the pit closer to the roadway and move south. Ted Hayworth: Addressing Council Member, Ed Honea, the history given was exactly right. The first property Granite bought was from the Arizona State Land Department auction. The second property was from Producers Cotton that had taken over Mr. White's property after he had failed due to the floods. The third parcel was the Cosmo Ali property just west of the landfill and it included perpetual easement across the property south of the landfill. Mayor Harn: I think one of the other statements Ed Honea made was when the County consents to do something, the Town loses total control of the situation. The County has never honored any of our requests for setbacks. A number of us went to the State at the time they were ready to sell that land. We requested they not sell it to the County for the landfill. They informed us the top bidder would get it and that they definitely would sell it to the County if the County made a proposal. The County did have the high bid. We were grateful to Granite for buying that property. Mike Reuwsaat: Addressed Mayor Ham regarding generating revenue from the aggregate mining. State Law prohibits municipalities from taxing mining operations. Mr. Hayworth mentioned that the mining board has agreed they would not mind giving a nickel a ton (this sounds like a tax) to generate revenue for the community. Mayor Harm Addressed Council Member Ed Honea. At an earlier meeting with Mike Hein I suggested talking with the Town tax attorney to come up with ways to legally generate revenue from the mining. Ray Cuaron: I spoke with the League of Cities and Towns, Kathy Conley, who directed me in the Code. I also spoke with Steven Lee of Brow & Bain. It was explained that the extraction of sand and gravel is not considered a mining activity. The tax rate on mining, by State Law is 1/10 of 1%. The extraction of sand and gravel is considered a retail sale, which is subject to the Town's 2% tax code. Unfortunately, most of Granite's sales are probably considered Wholesale and not subject to taxation. Roxanne Ziegler: I like what has been presented by Mr. Hayworth and Mr. Grassinger. My biggest problem with this issue is getting something from these mining operations. There are two existing sand and gravel pits, Sunward and San Xavier and now the proposal for a third, Granite Construction. Bank protection must be in place before anyone can do anything to resolve the concerns of revenue going back into the community. Granite will shut down in two to four years if they go dry and bank protection is not in. Until that time, with all of the creative individuals we have someone should be able to come up with an idea to make this issue more attractive to the community. Granite said something about a severance fee, Jack Neubeck has had several ideas. Sand and gravel is a necessary evil, however, the concern is how often they travel back and forth on the roads. No revenue will be going to the Town for road repairs, etc. At the point that Granite is charged, the other two pits would be charged. A retroactive charge would not be fair. Without the money being there, I will not be able to vote for this. Mayor Harm The problem still lies with the other businesses. For example, Coca Cola and Catalina Coating do not pay anything to the Town either. Roxanne Ziegler: Don't they pay a 4% Utility Tax? Hurvie Davis: They do pay a 4% Utility Tax, as would Granite. Mike Reuwsaat: Roy Cuaron had given a revenue breakdown on sales taxes six months ago. The Town is already generating $300,000 per year in sales tax from mining and excavation out of $7,000,000. As a thought, what about generating revenue with means available rather than legislatively? For example, Public Improvement Districts, such as Red Hawk, to find boundaries for specific improvements. Mayor Harn: The land Granite is contributing to the bank protection has significant value to this community as well as the material they will supply the County for the bank protection. These are significant resources the company is willing to put forth. Iterb Kai: Addressed Roy Cuaron. There is some retail sales from CalMat to date. Is revenue coming in from that? Roy Cuaron: For 1996-1997 fiscal year the mining industry generated less than 1% of the total tax revenues to the Town, in the neighborhood of $50,000. That probably is the retail end of it. In some brief discussions today with Steven Lee of Brown & Bain, Mr. Lee's opinion was that within the Tax Code the Town does not have much flexibility but something specific would be acceptable. The idea of an Improvement District is probably a good one and requires the consent of the property owners. Mike Reuwsaat: Addressed Mr. Hayworth. Have you satisfied the concerns of Mr. Pacheco and Mr. Condit? Since they are both present, could they come forward and state their present state of mind on this issue? Robert Condit: I have concerns of excavation and stockpiling prior to the bank protection. There are plans to excavate. I suggested a berm for landscaping purposes and that has been addressed. Art Pacheco: I am adamant that nothing should be done until we have flood control. We saw what can happen during the flood of 1983. It is a concern that flood control could take a few more years and so nothing can be done with it. Reluctantly, I said I would not protest. I would like to see something on the reclamation on the hole follow through. There should be some kind of restriction when the top soil is removed, that other holes are filled in. Ed Itonea: Addressed Mr. Hayworth. A couple of days ago, you said you would contact Mr. Gladden. Mr. Gladden is now in New Mexico and can not be contacted. Was Mr. Gladden contacted before he went to New Mexico? Mr. Ilayworth: I did not personally contact Mr. Gladden. Ed }tonea: Mr. Neubeck spoke with Mr. Gladden and his concerns are, apparently, identical to Mr. Pacheco's. Mr. Gladden's property will be protected by the berm just as much, if not more, than Mr. Pacheco's. With the concerns being identical, it is felt that both were satisfied with the solution. Hurvie Davis: We have been working with Pima County to get an (IGA) for protection on the Santa Cruz for some time. We have exchanged many drafts. Today at 5:08, a fax was sent to the Town of Marana from Chuck Huckleberry regarding the latest issue. Addressed the applicant for clarification. In the middle of the first paragraph, it states the District must have Veto authority over any flood plain activity near or adjacent to the levy that could cause any instability. Mr. Flannery and Mr. Atler, what would the set back be to the mining operation from the ultimate alignment and construction of the levy? It is believed that it is about 200 feet (would like the applicant to verify). Mr. Atler feels the 200 foot set back would not cause instability to the levy. Would the County agree with that? The County, many years ago, was working on an agreement with the Town to have a 500 foot set back. We had gotten down, at one point in time, to a 50 foot set back. A 200 foot set back would theoretically be acceptable. Mr. Itayworth: Yes, plans submitted do show a 200 foot set back from the levy. It would not be advantageous to Granite to have a situation which may cause instability to the bank. Granite is willing to work with the Town and be sure that everything is reviewed by Town Staff. Automatic veto ability by the County is a concern. Iturvie Davis: Regarding Town benefits in relation to the construction of the levy, which will hopefully be coming about soon, would Granite be willing to donate material or provide material at cost? Mayor ltarn: When the Quick Claim Deed was done for the right-of-way for the bank protection the last time, Granite Construction was the only company that came forward and signed the right-of-way. Pima County said they worked out some figures which came to millions of dollars worth of savings to our bank protection with the right-of- way. Mayor Harn: Granite agreed that the overage of materials would be used as part of the bank protection project. Would the Council like Mr. Hayworth to commit on record? lturvie Davis: Council's pleasure. Mr. Hayworth: Granite has a lot of frontage along the Santa Cruz River and the two key cost components are cement (Arizona Portland makes cement, Granite does not) and close access to dirt. To build the levy is going to take a lot of dirt due to the length and our frontage will save money on that. Mayor Itarn: Does the County have a figure for land acquisitions for bank protection? Are they going to buy all that land? The cost to buy all of that land was very high. Hurvie Davis: In previous discussions with Pima County, Flood Control District and assessing land owners that benefit from the flood control project was always brought up. In discussions with them regarding the right-of-way easements and so forth, the value of that land would be credited back to that property owner to offset the total assessment on their property. Pima County should still be willing to accept that arrangement. Mayor Harn: The land and materials dedicated will be significantly more than what was assessed for those acres. A motion was made by Ed Honed, seconded by Roxanne Ziegler to approve Ord. No.97- 28 with the following stipulations: 1) dedication of right-of-way as determined by Town Engineer 2) 300 foot set back be provided for any mining related activities along Tangerine Road in coordination with that requiring approved CalMat specific plan 3) coordination of main access road sharing with CalMat to minimize transportation impacts 4) buffering and screening the provided in accordance with an approved development plan 5) a minimum 50 foot mining set back and minimum 1 to 1 ½ slope be provided next to the Tangerine Landfill 6) a reclamation plan be submitted with the development plan for the property 7) the Green Waste Proposal be removed from the application 8) Granite agrees to work with the Town of Marana to find a plan to help generate some revenue, along with the other mining operations (representatives present) A motion was made to amend by Roxanne Ziegler, and seconded by Ed Honea to have Granite endeavor to support us strongly in soliciting Pima County for bank protection. The amended motion carried 6/0. Vice Mayor Sutton voted no. BREAK 9:00 P.M. RETURN 9:30 P.M. C. Update - Cortaro Road Interchange Construction Update Hurvie Davis: Introduced Mr. Atler to present the update. Dave Atler: This item was put on the agenda to update the Council on the schedule and what has been going on with the interchange. Any questions pertaining to related projects, such as Loop Road and Arizona Pavilions Drive (nearing completion) are welcome. Bruce Purrier is here from ADOT, he is the Project Manager for the Cortaro Interchange. Called Mr. Greer to the microphone. Mayor Harm Apologized for the delay. Bruce Purrier, Construction Engineer, Arizona Department of Transportation; Project Manager for Cortaro Road Interchange Project: This is the first Design Bill Project in the State of Arizona that was authorized by the State Legislature as one of two projects (one here in Pima County and one in Maricopa County). With this type of contracting, one contract includes the design and construction of project. There was a lengthy process to pick a successful company to do this. The Ashton Company of Tucson and Parsons, Brinckcrhoff, Quade and Douglas, Inc. were awarded the contract on July 11, 1997. They will be working together on this project. Because this is design- built, it has received and exemption from the Federal Government to not follow all the procedures strictly. We are able to work on purchasing right-of-way, doing archeological work and begin designing simultaneously. This is going to save a lot of time. The piles of dirt that were visible from the road were a result of the archeological work which was completed in August. The State Historical Preservation Office has given a clearance to start work. Some right-of-way parcels are still in progress. The feed store that was thee has relocated. Another parcel south of the feed store is in bankruptcy so, legally, condemnation cannot be filed against it. The Judge awarded a special exemption in order to file the condemnation. McDonald's lost access on the Frontage Road and will be compensated for that. There is still a disagreement over how much they will be allowed for compensation. Parsons has been working on the plans and, as of tomorrow, will be 60% complete. They will be turning those into ADOT for review. Mr. Greer will come back at a later date to show the Council the plans of what it will actually look like. The plans will be submitted to some of the ADOT technical areas in Phoenix tomorrow. ADOT has about two weeks to review and look at all the different aspects. From that point, they will be allowed to pick usable segments of the project and do final design and start construction immediately. It is estimated that construction will begin around the middle of October. One of the first steps will be relocating Cortaro- Marana Irrigation District Canal, located on the east side on the West bound frontage road between the Railroad and Interstate-10. The canal will be piped underground in the vicinity of the new ramp. The project has been working closely with Robert Condit and he will allow the canal to be dried up for about 2 ½ months so the work can be done. Tucson Electric Power started work almost immediately on designing relocation of their facilities, q3~ere is a power line along the west side of the canal that has to be moved closer to the railroad on the edge of the right-of-way. These plans are done. The project should be finished around April, 1998. The success of this project has been the Town of Marana building Arizona Pavilions Drive. Without that loop road the project would not work. Mayor Harn: Would you send a letter to that effect? Bruce Purrier: I would be glad to do that. Mayor Itarn: This project is going well and it is greatly appreciated. Vice Mayor Sutton: With this design bill going so well, is this the way ADOT intends to do business in the future? Bruce Purrier: We want to get approval from the State Legislature to permanently have this type of contracting. Vice Mayor Sutton: It will save time on projects so the people in the community don't get so frustrated. They do not understand the time factor. Hurvie Davis: Addressed Mayor Ham. Based on what Brace just said, perhaps the Council may wish to consider supporting this concept on a permanent basis at the Legislative level. Mayor Harn: Wouldn't this kind of process save money? Bruce Purrier: It asks the Design Build Contractor to take on more risks. They have to give a price without having plans. You can't get risks for free, so a lot of times you won't save money. However, there are certain types of projects, like bridges, where there is a lot of options to do it differently. One firm might be real good for steel, another might be real good for concrete. D. Flood Control Issues - Discussion/Direction Hurvie Davis: We have people patiently waiting for this discussion. There are two elements on this item which require your attention, Madame Mayor. 1. The physical improvements regarding flood control on the Santa Cruz. Hurvie Davis: The Fair Share Ordinance does not apply for the reimbursements to citizens for flood precaution upgrades. Hugh Holub: The request for the Fair Share Ordinance was declined. However, it could be translated into an Impact Fee Ordinance with a good analysis of the cost of the project and how the benefit was allocated to the Marana share and, in mm, how that benefit is spread over the Flood Plain. Now arguments are coming back that they are not going to guarantee any benefit. I'm not sure what we can do at this point. Hurvie Davis: This Item is scheduled for the Executive Session as well. Roxanne Ziegler: I had lunch with Sharon Bronson and there was little support as far as the bank protection. The impression Pima County has is that the only reason we want bank protection is from a development stand point. Hugh Holub: Over a year ago, we said allocate a portion of the total project cost to the Town. The amount they allocated was accepted and it was understood that if there was any development and someone has an opportunity to make some money they have to pay (i.e.: a home builder, etc.) In their last response they took away our ability to do that. What they are really saying is, "Take it out of your general fund." Ed Honea: I think this subject is complex enough that we should have a special meeting and invited Congressman Kolbe, some State Senators, CalMat, Granite, Sunward, San Xavier, some home builders, etc. Mayor Harn: We do need to get every possible person and organization we can involved in getting this project moving. Karl Horvath: I am disappointed that Pima County has taken fourteen years and still nothing. Get the news here and let them know we mean business. 2. Emergency preparedness and the impact of El Nino. Chief Dave Smith: Our Office of Emergency Management comes under the Pima County Department of Health Services. Dennis Douglas, Director of Pima County Department of Health Services, has a presentation for the Council. Dennis Douglas: Would like to introduce Art Ruff, Manager of Field Operations of the Health Department (Animal Control, Health Inspectors, Emergency Management). Also, Dave Lennex, one of our two Certified Emergency Management Coordinators. We are here at the behest of Mr. Davis, Chief Smith and as a result of a letter the Mayor wrote to Sharon Bronson asking us to come out and make a presentation to you on some of the preparedness that Pima County is doing in the event that we experience some of our concerns with E1 Nino. We have provided you with a notebook. We have been watching Hurricane Linda for the last week or so and the good news is it is tracking directly west, away from land. It has also been reduced to a Tropical Storm and is down to about 35 miles per hour. Basically, E1 Nino is going away. Some results from E1 Nino were: the 2 inches they had in Yuma on Saturday; much of the beach erosion that is being seen in California. Since May, 1997, the Sea Surface temperatures in the mid- central Pacific have been warming. Generally, in April and May the temperatures go down about 1-3° Centigrade. This is along the same lines of some of the things seen historically for E1 Nino. 1983 and 1993 were 100 year floods which occurred within ten Ed Honea: Going back to an old flood control issue, the bridge down Trico/Marana should have a lot of sand bags. The residents, particularly from Honea Heights and Berry Acres, believe that if nothing is done to relieve that build up on the east side it will cause major flooding in their backyard. Addressed Dave as to an engineering opinion. Dave Atler: What happens is the first flows that come through flush the sediment out from under the bridge. That is the Sediment Transport Theory. It does depend on the amount of sediment in the water. The primary problem seen in 1983 and 1993, was the elevation of Marana Road. The road acted as a dike so the sediment did not get flushed out. We did an analysis last year on the capacity of the Marana Bridge, which is in Pima County, and the Sanders Road Bridge and compared the information to the late 1980's Pima County study. This identified the Pima Flood Plain. We took cross-sections in the same place as the 1980's study and then again after the September 1996 Flood. This shows ho~v much the riverbed is rising after each flood in order to get an idea of how much sediment is being dumped. Brad DeSpain: I am the gentleman who removed all of the sand from the Trico Bridge in 1993. Since then they have done some bank protection there. The bridge is still narrow, they did clean out from under it (it is back down to 14 feet). Mayor Itarn: When they talk about first flows flushing the sediment, that might be true if there are not things growing in the river holding the silt back. The Town can not get into the river and clean it out. i think we could suggest getting that sand to make our sand pile. Ed Itonea: In 1983, there was not any flooding in the daylight hours in the residential areas. Within a couple hours after dark there was 3 feet of water in certain parts. We had no way of warning people, and vehicles could not get in. Can we come up with some type of early warning system? Dennis Douglas: Subsequent to the 1983 flood, the County is putting in gauging stations. The gauging stations identify the depths of flow and relays the information back to Flood Control and Emergency Services. They are looking into identifying a number of gauging stations that can relay early warning labels that identify the Santa Cruz and its contributors. The further upstream we go, the more warning we have. Potentially, that gives us several hours. Vice Mayor Sutton: Addressed Dave and Dan. People who live in Continental Ranch are concerned about the lack of bank protection. Continental Ranch is not required to have flood insurance because now they are out of the Flood Plain. Insurance Companies are coming around and posting things telling residents they better get flood insurance because E1 Nino is coming. People are in a panic. Half of the people have gone ahead and purchased flood insurance. Dave Atler: Address Vice Mayor Sutton. In 1983 we had three or four times the water as in 1993 and Continental Ranch did not flood. I don't think Continental Ranch is in danger. years of each other, so we might have to reevaluate this. We anticipate these conditions to continue through early 1998. The conditions we have seen are the delay of the onset of summer rains in the Southwest, wetter/cooler conditions in the Northern Rockies and dry conditions in the middle Atlantic States. The temperatures anticipated for September through February are going to be normal. However, the precipitation in September, November, December and February are higher than normal. By March, April and May we begin to get back to normal. There are some significant increases in precipitation ahead. On the chart provided, 1982-1983 shows the same type of precipitation characteristics as 1997-1998 in both Phoenix and Tucson. The Council is invited to come down to the EOC on December 30, 1997 for a tour of our Emergency Operations Center, which is where the Mayor and Chief Smith would go to manage the emergency. We have stream gauges in many arroyos and washes which are electronically connected to the Transportation Department. This information can be accessed from the EOC. The EBS is no longer used, now there are scrolls across the bottom of the screen. This whole system is automated taking the issue of human error out of the equation. Marana Junior High, Marana Senior High, Tortolita, Mountain View, and the Halberg Community Center are some emergency shelters Chief Smith and his organization would use in conjunction with the Red Cross in the event that a disaster occurred in Marana. The Marana Emergency Operations Plan put together by Chief Smith and the Office of Emergency Management shows how the Office of Emergency Management and the Town of Marana are working together. We have 5,000 sand bags on hand and we have contacted other Police agencies, the National Guard, the State(FIMA), etc. for support. Mike Reuwsaat: What is in place that will actually photo or film flood flows for a more accurate pictorial memory when we are looking at future development. Dennis Douglas: One of the first things we do when we are experiencing this kind of thing is to get people in the air to understand the impact. We can use the Tucson Police Department Helicopter, Sheriff's Department aircraft, ANG aircraft and surveillance equipment. This is important for a couple reasons: 1) The preservation and safety of our people. 2) The Office of Emergency Management is the gateway for reimbursement from the Federal Government to the Town of Marana in the event there is damages in result of a flood. So, it is important for us to document and do as much visual as possible. Mayor Itarn: We have already talked to the Staff about having supplies of burlap sacks and sand within the Town so they are available the people of Marana if they need it. We are really working toward a public interest Disaster Plan for the community. Vice Mayor Sutton: Being from Louisiana, I have been through a lot of flooding and hurricanes. It scares me here because I have never seen water flow the way it does here. What is your guess about our chances of seeing something? Dennis Douglas: I simply cannot answer that question. Recently, I attended a briefing in Phoenix ~vith one of the Chief Executives from the National Weather Service. All of the Directors from the fifteen Counties were briefed on all of the projected precipitation, weather hazards and the indicators and how to prepare for the possibility of disaster. Then they were told, "...or, maybe it ~von't happen." We simply do not know. I can not tell you a percentage of chances, but, I can tell you the significance of the possibility. Mayor Itarn: When you hear comments like this, you understand why some of us who have gone through this get a little nervous and begin to wonder why we are sitting down here like sitting ducks. Mr. Huckleberry keeps running around the bush with us and some people in Pima County talk about it like we are trying to get flood protection so we can build houses. It is really frustrating. We need to have this plan, not just for floods but for disasters in general. The people in Continental Ranch need to call Pima County and ask about flood insurance. Sherry Millner: The people of Continental Ranch need to educate themselves and research the area (i.e.: the Internet has a lot of information). Hurvie Davis: We are preparing for the possibility of disaster and the residents will know in time if they are in any danger. Public Works is also preparing equipment, personnel, etc. Vice Mayor Sutton: Could Staff prepare a newsletter of some kind to go out to the residents informing them of evacuation procedures and disaster preparedness information? Dave Atler: We have ordered Evacuation Direction Signs and Markers that attach to street signs and indicate water level. 10,000 sandbags are on reserve in Phoenix, and a sandbag filling machine is on order. Potable water will be available to the public. Mayor Harm I do want to put together a newsletter for the citizens. G. Discussion/Direction Water Rates - Standardizing the Water Rates to the Current Water Code for the Newly Acquired Water Systems Hurvie Davis: We have met with the water committees and discussed water rates. The three systems have different rates from our Toxvn rates. Brad DeSpain: We are presenting a raisc in the water rates. The Code rate is going to raise the rates a significant amount everywhere except Honea Heights (Honea Heights is already on the Code rate). We recommend an effective date for these new rates of January 1, 1998. We would like to recommend a Public Hearing so people will have an opportunity to come in and discuss their feelings with us in person. Mayor Harm Are there any Commcrcial customers included in this? Brad DeSpain: No, there are not any Commercial customers included in this analysis. There are approximately 15 to 20 Commercial customers, these rates will be considerably higher. Ed I-Ionea: What about when Continental Ranch becomes our customers? How many customers will that be total'? Brad DeSpain: We would be obtaining about 2,500 customers in addition to our current customer list. Mayor Ham: When we take over some of the industrial accounts, would that put us closer to breaking even with the Water Company? Brad DeSpaiu: It would help considerably. Mike Reuwsaat: Did you say the cost of the improvements and the projected bond expenditures are not capitalized into the rate structure? Roy Cuaron: The $568,000 deficit does not include any capital improvements. It is what we call operating expenses. Mike Reuwsaat: Could the Council have, ASAP, the numbers reflecting actual operation on a fee basis? Brad DeSpain: The rate you would need to go to is a base fee of $26 and a commodity fee of $6. That is to get to a break even point xvith our current customers. Ed Honea: The rates do not include administration allocations/overheads, etc. We would liked to have seen a shorter term on the Bond Issue. As the customer base grows, we will have a better chance of breaking even. I really appreciate the sensitivity of the staff of the Water Department with concerns of the customers. We are working on a progressive rate structure with a built in conservation element. Brad DeSpain: We did present a schedule to you, Mayor, but it only applies to the current rate increase. What schedule does the Council want us to follow and who do you want the Public Hearings before? Ed Fionea: More Public Hearings would be nice for future rate increases, however, that is not the issue at this point. There is a statute which requires these hearings to be held 30 days before the posting of the rate increase and the posting must be 30 days prior to the actual increase. Mayor Ham: The Public Hearings should be held separately from the Council Meetings. It might pay for us to put out a direct-mail newsletter to inform our community about all of the issues we are working on. A motion was made by Mike Reuwsaat, seconded by Ed Honea, that the Staff proceed with presentation of the Notification Schedule and the Rate Stabilization to the Council as proposed in the Memorandum. Motion carried unanimously. The Public Hearing for the Water Rate Increase is scheduled for November 19, 1997. FI. !'ima Association Of Governments Regional Council Meeting - Review for Discussion and Direction Mayor Harn: Mayor Lester ~vill be at the PAG Council and will be asking for a seat on the Council. Ed Honea: I think we should temporarily oppose that, until the law suits are settled. Mayor Harn: I would like Council to come to a group decision on this. A motion was made by Ed Honca, seconded by Mike Reuwsaat, to make it clear to the Town of Tortolita that we do not oppose them being in PAG, however, we object to them being a voting member until wc see the outcome of the pending litigation. Motion carried unanimously. Hurvie Davis: I truly believe that the City of'Tucson will oppose authorization of more seats on the PAG Council. I. ]Resolution No. 97-97 - Snplmrt of Proposed Catalina Incorporation Mayor Harm CataLina is putting tk)rth a real effort to make a ruling, good decisions, etc. If this law suit of the City o1' Tucson is upheld, they will not be able to incorporate without our permission. Mike Reuwsaat: Was there discussion on our consistency with Tortolita? This is actually a point to be made. Ed Honea: Catalina has been cooperativc and the others (Tortolita, Casas Adobes, etc.) have not. A motion was made by Ed llonea, seconded by Mike Reuwsaat, to pass Resolution 97- 97. Motion carried unanimously. J. Discussion - Location of Tohacco Vcoding Machines Roxanne Ziegler: I was approached by a citizen of Marana. He was in the Waffle House on Ina and saw a cigarette vending machine. He thought they were illegal and wanted it on the agenda for discussion. Although they are not illegal, we may want to consider only allowing them in locations where minors do not have access. A motion was made by Roxanne Ziegler, seconded by Ed Honea, to direct Staff to draw up necessary documents to entbrcc thc restrictions of cigarette vending machines in the Town of Marana so minors do not have access. Motion carried unanimously. K. EXECUTIVE SESSION - l'ursuant to A.R.S. Section 39.431.03 (A) (3) Discussion of Consultation fin' Legal Advise with the Town Attorney Relating to Flood Control Issues and Fuoding of Flood Control A motion was made by Vice Mayor Sutton, seconded by Ed Honea, to continue Item K as a future agenda item. Motion carried unaninaously. L. Mayor and Council's Rcpor~ Mayor Harm I have been askcd many times recently why we are so land greedy. I do not feel that any of us need to apologize for any of the decisions we have made, I am very proud of our Staff and the progress we have made. Vice Mayor Sutton: I would like to commend Mr. Hochuli with being on top of situations and really handling things st) efl'ectively. Roxanne Ziegler: Thank you, Dave Atler, for helping to clear up the issue that residents have concerning thc prisoners working so close to the school. Mike Renwsaat: I was contacted by two of the merchants on Sandario. They would like the Staff to look into landscaping the right-of-way, or some type of public improvements. Ed Honea: Our Assistant Town Manager negotiated a deal with our outside consultant for a landscape plan. M. Manager's Report None X. Fqture Agenda Items None XI. A0journlnent A motion was made by Vice Mayor Sutton, seconded by Herb Kai and carried unanimously to adjourn the meeting at 11:45 p.m. C_ ERT!FICATIQN I hereby certify that thc foregoing minutes are the true and correct minutes of the Marana Town Council held on September 16, 1997. I further certify that a quorum was present.