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HomeMy WebLinkAbout03/07/1995 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL MARCH 7, 1995 PLACE AND DATE Marana Town Hall, March 7, 1995. I. CALL TO ORDER By Mayor Ora Harn. Time: 7:02 PM II. PLEDGE OF ALLEGIANCE Led by Mayor Ora Ham. III. INVOCATION/MOMENT OF SILENCE Led by Mayor Ora Ham. IV. ROLL CALL COUNCIL Ora M. Harn Sharon Price Tom Clark Ed Honea Betty Horrigan Herb Kai Helen Key STAFF: Hurvie Davis Dan Hochuli Joe Lizardi Sandra Groseclose Marcia King Hugh Holub John Lynch Brad DeSpain 18 Members of the Public. Mayor Vice-Mayor Council Member Council Member Council Member Council Member Council Member Town Manager Town Attorney Town Engineer Town Clerk Assistant to Town Manager Water Attorney Engineering Consultant Water Advisor V. APPROVAL OF AGENDA A motion was made by Ed Honea, seconded by Sharon Price and carried unanimously to approve the agenda as written. VI. ACCEPTANCE OF MINUTES A motion was made by Ed Honea, seconded by Helen Key and carried unanimously to approve the minutes of Regular Council Meeting of February 21, 1995. VII. PETITIONS AND COMMENTS David Moralos~ 13420 W. Price Ln. Marana~ AZ: Requested extra time to discuss questions he had for Council. Dan Hochuli: Stated that a vote needed to be taken to approve an extension for extra time by Mr. Moralos. A motion was made by Tom Clark, seconded by Betty Horrigan and carried with Ed Honea and Helen Key voting against to allow David Moralos five extra minutes for Petitions and Comments. Dan Moralos: Talked about the political stability of the Community. Proposing six initiative questions. 1. The Council starts drawing a stipend of no less than $100.00, no more than $400.00, for the Mayor to draw a stipend of no less than $200.00, no more than $800.00, the Mayor will always draw two or more times that of the Council. Looked at the City of Tucson, they pay their Councilmembers a $1000.00, and pays the Mayor $2000.00. Feels if the people of Marana want Councilmembers to produce they should pay for their time and effort. Second question is to reduce the tern of the Councilmembers from four to two years. Third question, that the people elect the Mayor. Fourth question, Ordinance called the Sunset Ordinance which limits all Ordinances to five years. Fifth question, the Town of Marana has a 2% sales tax, for the tax to be increased it has to go before the people. Question number 6, the Town Council will meet with the public at least once every year. Also gave the Town a gift of a portrait of Fife Symington, does not see the picture anywhere. Reason it was given was to hang it in the Chambers. Keith Grove~ 13735 N. Jarvis Ct. Marana~ AZ: The Marana Park, the only area for recreation in "old town" Marana is the park. The little league is about to start, there are needed repairs at the park. Letter sent out regarding the car ordinance, does not feel the Town can tell me what to and not to keep in his yard. Road maintenance should be done around Town. Billy Schisler, 12561 N. White Ave. Marana~ AZ: Agrees with a stipend for Councilmembers and Town Hall meetings. Would like to address Council to do something educating and getting the word out to the public about moratoriums and referendums, etc.. VIII. ANNOUNCEMENTS Leihnl Schtsler~ 12561 N. White Ave. Marana AZ: Here on behalf of Jesse McCrea and the Marana Junior High Orchestra. Has about $600.00 yet to go on the Disneyland trip. Is asking for help to sell the last twelve tickets for Jesse. Marcia King~ Assistant to the Manager: Commented on Marana Day at the Colorado Rockies game on March 26th, tickets are on sale at $3.00 each. Hurvie Davis: The Town is strongly supporting Marana Day and would like a strong showing of Marana that day. IX. GENERAL ORDER OF BUSINESS A. Consent Agenda: 1. FPR-95-01~ Sunset Ranch Estates Subdivision: Consideration and approval of a Final Plat review for a parcel of land located atllacent to the North Pima Farms Specific Plan Resolution No. 95-12. 2. FPR-95-O2t Parcel 51: Consideration and approval of a Final Plat review for Parcel 51 located in the Continental Ranch Specific Plan. Resolution No. 95-13. Tom Clark requested that Item 2 of the Consent Agenda be removed for discussion. Item 2 will be continued until the March 21, 1995 Regular Council Meeting. A motion was made by Tom Clark, seconded by Ed Honea and carried unanimously to approve the Consent Agenda with the removal of Item 2. Hurvie Davis: Item 2 has been before Council a number of times. There are conditions that have been placed on the approval. Recommends approval. Jerry Flannery: This item came before the Planning Commission and Council. There was 2 controversy because it was at a density not acceptable to adjacent developments. At that time there was concern over lot sizes and also a street that was potentially going to run through another subdivision adjacent to it, out to Silverbell. A number of citizens objected to Crestwind. Mayor Ham: This zoning was set up a number of years ago and those people already have their zoning as far as zoning is concerned. Jerry Flannery: All the parcels within Continental Ranch have been zoned through the specific plan. As stated with the preliminary plat when it was reviewed, the zoning are established by specific plan and by statute. There for it is zoned for that density, they have chosen to come in with less density than the minimum. Hurvie Davis: Noted that that Specific Plan was approved in the late 1980's or something. Jerry Flannery: Believes it was approved in 1987 or 1988. Tom Clark: Concerns he has heard involve the width of the road, or the amount of traffic. Jerry Flnnnery: WLB is the project engineer. Bill Walker, WLB Group: His understanding that it's rural cross section, 24 foot minimum paving that goes on through there. Jerry Flnnnery: The traffic count will increase, however the stub out was there and it's creating a circulation pattern through the area. Mayor ltarn: Asked Hurvie Davis if Public Hearings have been held on this subdivision, and other required hearings. Hurvie Davis: Referred question to derry Flannery. Jerry FIa~nnery: This is a subdivision. Subdivisions by Statute are not required to have a public hearing, however they are set for public meetings for presentation. The Commission and Council have entertained both of those. It's the first time it has been on a Consent Agenda. But a public hearing was not required for this. Mayor Harn: People have been able to address this issue before. Jerry Flannery: At the preliminary stage, at the Comrdission and the Council, there was significant discussion. Ed Honea: Several months ago Herb Kai talked to individuals in the C& C project, the adjacent project. Have talked to people involved about some of the problems involved with this project. Richmond already has the zoning and approval for two story buildings. If the Town changes it, they can sue us. Jerry Flannery: The cross section is a raral cross section and the width of the road is 50 feet in right-of-way, 24 foot is the actual paving width. Bill Walker, WLB Group: Jerry is correct with the width of the right-of-way and the paving section. Not aware of any requirement to widen that road. This is a potential to widen if need be. Mayor/ara: Has the same concerns as Councilmember Honea. Bill Walker: Believes that Richmond American would be glad to work with the Town and arrive 3 at what ever the Town would require for that section. Mayor Ham: Would like to get this issue resolved. Sandee Brisbine, 6869 W. Hermitage Pl.: Had a copy of the Specific Plan for Continental Ranch, which she understands is law in the Town of Marana. It was approved, and so consequently it is a Town Ordinance. it says a minimum pavement width of 32 feet for public streets when residential densities are less than one rack. Feels the Town is breaking the law if the road goes through at 24 feet. The neighborhood is not happy with this. Mayor Ham: The Specific Plan was approved by Pima County and brought into the Town of Marana after it was approved. This Specific Plans are law, and the Town of Marana must observe those laws that were brought in. Marana cannot impose other laws on it. Sandee Brisbane: Stated that she is reading from the Specific Plan. If it's been approved by the Town of Marana than it must be followed through. Wally Bleyl, 7642 N. $onoma Way: As a parent would like to address the subject. Crestwind is going to access another plat of land and homes. Feels it will be a danger area. Feels the Council should correct this problem, so as not to do a disservice to the people in that area. Ed Honea: We talked about the access on Silverbell for t~vo spots. There is major drainage off the other property, it makes it almost impossible. And also to have two cut outs on a major thoroughfare has a safety factor attached to it. That possibility was discussed, the expense alone was going to be outrageous. Mayor Harn: May be able to discuss and work with them to see that the road is widen, so there is room for school buses and talk about areas to pull off. Bob Dixon, 7581 N. Sonoma Way: Feels most people were misled on Crestwind. The comments regarding the 24 foot street, it says 24 feet for the density. If Crestwind is opened, it goes to a higher density. The code says it has to be 32 feet. Mayor Harn: If the developer will agree to the 32 foot street, would that help the Community. Bob Dixon: Have talked about this issue at great length. The present plat lay out, that could add a minimum of 200 cars per day. Ed Honea: In the Specific Plan where it states 32 feet, if the density is of a certain amount, 24 feet if it is of a certain amount. Is that on the plot that the road actually goes through. If the density in the new project is more than it is in C & C, that will require 32 feet to the bridge. But once it crosses the bridge the density is less. Jerry Flannery: Believes that this development has a higher density than 52C next door. Ed Honea: Understands that 52C qualifies for 24 foot road presently. Across the wash in the new project, the density is high and will require a 32 foot road up to the wash. Within the Specific Plan, once you get into the lower density on the other side of the wash, does the road legally meet the specifications. Jerry Flannery: As was read from the plan, the adjacent subdivision has a 24 foot cross section of paving. Believes that there was some thought to consistency as far as the width of the roads, Hurvie Davis: In terms of the break/openings, Mr. Honea was referring to the design standards according to the Asto Manual, the national design manual for roadways. That 4 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL MARCH 7, 1995 prescribes certain distances for the break in a median, it does not regulate the distances of access to the roadway. Mayor Harn: There are issues that need to be resolved. Vice Mayor Sharon Price: Would like to see the item continue to the next Council meeting. Mayor Ham: Would also suggest continuing this item to the next agenda. Suggested Jerry Flannery get together with people of the community and the engineers. Would like to see something resolved in this matter. B. Application for approval of a Type 12 Liquor License for Chuy's Mesquite Broiler~ located at 4185 W. Ina Road. Hurvie Davis: Requesting a new license for the restaurant located at the above address. The application was sent to the Police Department for review. Received a memo from Sgt. Carrasco that they need more time to review the applications. Staff recommends that Council approved the liquor license for Chuy's Mesquite Broiler upon completion of a standard background investigation showing no record of criminal history, which is the normal procedure. Mayor: Ask the Town Attorney if it can be approved wikh that stipulation, that the background check be completed. Dan Hochuli: The action the Council takes on a liquor license is a recommendation, the State issues and deals with re~ralation liquor licenses. This is simply a recommendation. It's our policy to do a criminal investigation. Sees no problem with passing it with a contingency. If something was found that was of concern it could be brought back before Council again. A motion was made by Ed Honea, seconded by Sharon Price and carried unanimously to approve a Type 12 Liquor License for Chuy's Mesquite Broiler cont/ngent upon a background check to see that there is no criminal record. C. Application for approval of a Transfer of a Type 6 Liquor License for the Wild Wild West~ located at 4385 W. Ina Road. A motion was made by Ed Honea and second by Sharon Price to approve the transfer of a Type 6 Liquor License for the Wild Wild West upon completion of standard background investigation to see that there is no record of criminal action. D. Suzanne Ticknor~ Mana~er~ Central Arizona Groundwater Replenishment District (CAGRD) - Briefing on Membership Requirements~ Costs, Capacity available, Test resultst Construction time liner and Operation - Central AZ Gt'oundwater Water Replenishment District. Brad DeSpain: Introduced Suzanne Ticknor, who is the manager of the Central Arizona Groundwater Replenishment District. Suzanne Ticknor: The purpose of the GRD is to provide a mechanism for a water provider, such as a town, or a water company or developer. Gave a basic understand of the assured water supply rules. Gave brief primer on the assured water supply rules. It is basically a consumer protection law, states that before subdivided land can be leased or sold, within an active management area in the State of Arizona, the subdivider must demonstrate that there is sufficient quantity of water to serve the demands of the subdivision for one hundred years. There are two ways that development can demonstrate a assured water supply. #1 - is for the developer itself to go to the Department of Water Resources and make it necessary demonstration and get a certificate of assured water supply for the development it self. #2 - Would be for the development to locate within the service area of a town or a private water company that has been designated by the Department of Water Resources, as having an assured water supply. The Town of Marana does not currently have a designation of an assured 5 water supply. The Town is going to be faced with a decision of whether or not to apply for a designation of an assured water supply. The fact is effect February 7, 1995, the rules for demonstrating assured water supply have changed traumatically. The rules now state, new development in the Tucson Active Management Area, cannot rely on groundwater to demonstrate one hundred year water supply. The Department of Water Resources asks what the source of supply is, what is the water demand. Before the new rule they could say they were going to rely on groundwater. After this new rule only 15% of that one hundred year water supply can be groundwater for the Tucson Active Management Area. The remaining 85% must be a renewable supply, either CAP water or surface water. This limitation on the amount of groundwater is the reason that the Groundwater Replenishment District was created. They created the District, that said if you would like to rely exclusively on groundwater, to serve the one hundred year demand, you can do so, provided that you join the GRD, and pay the GRD to replenish any groundwater that is used that exceeds the 15%. Allows development to occur in the State relying on groundwater, but imposing a tax essentially on new development for the privilege of pumping groundwater to serve the demands of the development. Membership in the District. There will be two types of members. Member service areas which is a town, city or private water company. Second type of member would be a member land. An individual, subdivision that comes in and joins the District. The Town will have to become a member of the GRD or if not, that the Town will have to require new development on a development by development basis to go out an obtain a certificate of assured water supply. The decision is up to the Town as to how to proceed with the GRD. If the Town becomes a member of the GRD, it would record a declaration that it's service area is now a member of the GRD and for the benefit serving groundwater it is going to assess a replenishment tax. The tax is how the GRD collects it's revenues for the services that it performs. The GRD service is to replenish any groundwater pumped or delivered by a member service area or a member land in excess of that which is allowed under state law. Would be determined on an annual basis how much water must be replenished. The GRD will by excess Colorado River water, bring it into Arizona and replenish it by way of constructed recharge facilities or by way of indirect recharge facilities, which would be to deliver some CAP water to a farm who would then agree to turn off it's groundwater pumps. The costs are collected through the replenishment tax. If the Town were to become a member of the GRD, GRD would collect the tax through the Town on an annual basis. The Town could decide how it wanted to pass on the costs to the customers. When a development joins, the owner of the land developed files a declaration against the land, a covenant that runs with the land. Would state that this land is a member of the GRD, which is subject to annual assessments. The assessment would be equal to the actual costs of recharging water for that development. The assessment would be collect through the property tax bills of the land owners. The costs are based on a per acre foot basis. The costs will be for recharging any groundwater. Includes the water acquisition cost, will be using CAP water. Also the administrative fees will be included in part of the costs for running the District. Third - any capital costs that the District incurs for constructing recharge facilities, if any. The final component would be operation maintenance and repair costs associated with running the recharge facilities. Have estimated for 1995 the per acre foot cost would be about $100.00 to replenish excess groundwater for a member. $72.00 per acre foot for CAP water to the GRD. On top of that $11.00 for administrative costs, and also $7.00 per acre foot cost for O & M. Ed Honea: Wanted clarification on the prices, feels they are very high. If the Town were to join the District in order to get an assured water supply, which is being worked on now, would all the water pumps within the municipality be included in that replenishment or would it be just new projects as they come along. How would it be determined which replenishments the Town would be responsible for. Suzanne Ticknor: Under the assured water supply rules, when a town or water provider seeks a designation, it's not just new uses, it's existed uses of water as well. Current uses of water plus new uses of water would be subject to the Groundwater pumping limitations. Ed Honea: Any use within the municipality. 6 Suzanne Ticknor: Stated yes. Ed Honea: Any residential use within the Community. Suzanne Ticknor: Yes. Ed Honea: Including other water companies that pump groundwater. Suzanne Ticknor: No, just served by the Town of Marana. Ed Honea: In order for a new development to get an assured water supply it would have to come through the Town. Suzanne Ticknor: yes, if the Town has a designation. They would come in under the umbrella of the designation. Mayor Harn: Asked if the fee was an annual fee. Suzanne Ticknor: Yes. The assured water supply rules would give the Town of Marana an allotment of groundwater. That allotment of groundwater is 15 times, computed by taking 1994 demand for deliveries in 1994, and multiplying that by 15 years. Free groundwater that can be pumped when ever wanted, just for the cost of pumping it. Any groundwater that is pumped or delivered that exceeds the amount that is placed in the account, that is excess groundwater. The excess groundwater is what you have to pay the replenishment tax. To that account of groundwater allotment, also can add an incidental recharge factor, which is 4% times the annual groundwater use, that is automatically added to the free groundwater. Also will get credits by retiring irrigation grandfather rights type 1 or type 2 rights. Hugh Holub: Stated that Tucson will charge a minimum of $345.00 per acre foot for CAP water treated, plus the cost of building the pipelines in. So treated CAP water is three times the cost of replenishment number. Ed Honea: The hundred dollars is on top of the expense of the actual pumping and presenting it. The Town will be paying much more than $100.00, that's just for the privilege of pumping. Add the expense of pumping and getting it to the location. Hugh Holub: That is correct. But nobody has found a number yet that is higher than $345.00. The pumping costs plus the replenishment fee, not getting $345.00. Approximately $125.00 per acre foot on the Honea System. Ed Honea: It would be about 2/3 the cost of buying CAP. Helen Key: Would like clarification on the ~bank of water". The amount of water we can trace through records for having been used 1994. Times 15, that amount of water may be pumped without any assists until that amount of water has been used. And that is a one time deal Suzanne Ticknor: That is correct. The Department of Water Resources decision to receive safe yield through implementation of the assured water supply rules. Ed Honea: If the Town was to purchase another domestic water company, could we add that to our bank, combine banks. Suzanne Ticknor: If the water company that was acquired had obtained a designation, they would have a bank account of credits that would transfer. If they did not apply for a designation, they would have no bank account, no groundwater allowance that would transfer. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL MARCH 7, 1995 Hugh Holub: You would increase the bank account credits. Mike Reuwsaat~ 12303 W. Grier, Marana AZ: Had questions involving GRD. If the Town joins, is it mandatory that the entire annexed area, or can it go in by piece mill, only the area that it is currently servicing. Suzanne Ticknor: The service area is defined as far as service goes. Hugh Holub: The City of Tucson is providing water service in parts of Town. Under their water service provision, such as Continental Ranch, they have a contract to serve Continental Ranch that they had before the Town annex it. Under their plan they will serve treated CAP water into Continental Ranch. Unless they decide not to do treated CAP water anywhere in the City of Tucson. Under GRD, if Marana was serving Continental Ranch, we could pump groundwater, serve Continental Ranch and do GRD business and pay the pump tax, which could be passed to the Continental Ranch residents. They could then drink groundwater. The replenishment cost will turn up in the tax bills, but will have nothing to do with Marana as the water provider. Mayor Harn: If the Town did a recharge project, then how would that affect the groundwater supply. Hugh Holub: Stated it would be very advantageous for the Town to do it owns recharge, but you have to have the water to recharge. Mayor Harm Would it also be bought, we would tap into the CAP water here and pay Tucson for what CAP water we took out. Buy CAP water from them to recharge. Hugh Holub: That is one idea. An interesting thing is the CAWCD/GRD are going to have to come up with recharge projects. They will be providing this service for everybody in Pima County. One of the recharge projects the CAWCD is working on is in Marana. If you are the size of Tucson or Phoenix you can make your own recharge projects, but when your not that big, it's nice to have somebody else do it and you just have a piece of it. Pay your fee and let somebody else worry about getting the land, permits, etc. That is what the GRD is going to try and do, provide the recharge service for it's customers. The way it is set up, it can be a combination, where you can use GRD services and do your own recharge projects if you have your own water. Basically it comes down to what is cost effective for the customer and how do you best do the job of getting that renewable water. Indirect recharge is the cheapest way to go fight now. Marana has the water supply coming into Town and the recharge site. Marana will have more recharge capabilities than there is need for recharge services, 90,000 acre feet the ultimate size of the lower Santa Cruz Recharge Project. 25,000-30,000 is the demand the Town would have at full build out. Brad DeSpain: Water can also be leased from the Indian tribes in Arizona if you do not want to purchase or if they won't agree to let us purchase. Cortaro-Marana has a surface water right in the Cortaro area, which complicates the issue some more. If the Town had that surface water right, they could protect it for Cortaro-Marana, where Cortaro-Marana cannot protect it themselves as well as the Town can. Thinks we need to be a player with the CAGRD. Suzanne Ticknor: Responded to the Mayor's question on the Town's recharge facility. If the Town were to go an seek a hundred year assured water supply, it would seek that designation for a certain amount of people. It's current demands, it's committed demands plus some number of future population. Based on that the Department of Water Resources determines what the water demand is going to be for that one hundred year period. Ed Honea: If we are a member of the District, can we change the amount of guarantees that we wish to purchase on a yearly basis. 8 Suzanne Ticknor: You have flexibility, which is determined how the Town reports to GRD on an annual basis. GRD has adopted a policy that gradually phases in the use of replenishment services for the first twenty years of operation. The policy says that for member services areas, in the year 1999, if you are a member of the GRD in the Tucson AMA, 1/30 of the groundwater that you deliver must be reported to the GRD as excess groundwater. The water will then be recharge and replenish the water for the Town. But the Town must pay the replenishment tax on 1/30 of the groundwater you deliver in 1999. In the year 2000, 2/30 of the groundwater you deliver must be reported as excess groundwater. Continue that through year 14, believes ratio to be 16/30 of the groundwater. After year 2014 the program stops. At that point nothing needs to be reported to GRD as excess groundwater. The reason for the phase in is so the GRD as an entity can get up and running and can finance itself and be a viable district. The phase in program requires the Town to plan for a drought condition or to plan for the future when other waters supplies are very expensive. Herb Kai: Would like more detail on the time frame for construction on the Avra Valley Gravel Pit sight. Suzanne Ticknor: Received the geotechnical study report two weeks ago. There is a question about that report, whether the proper test was done. The report based upon the data collected, looks very good. At this point once the minor issue is resolved as whether another test should be done or not. GRD will e hiring an outside consulting engineer to do the design and start construction. Hope to have the project complete by the end of 1995, and ready to accept water. Herb Kal: Do you have commitments from Metro Water that GRD will be recharging 15,000- 20,000 acre feet for them for the year 1995. Suzanne Ticknor: GRD is negotiated with Metropolitan for them to lease the capacity of the facility during the pilot phase. Believes it is 10,000 acre feet over a two year period. That is to help them meet their obligations under the asset purchase agreement with the City of Tucson. Herb Kai: Does the GRD feel that they will be able to satisfy this and take care of it in time. Suzanne Ticknor: Hopes so. Herb Kal: The comments on the soil test studies, who are they being conducted by. Suzanne Ticknor: Terracon. Brad DeSpain: Elaborated on how the testing was done. They did drench diggings to 14 feet deep and then they did boring to the water table, which would be 280 feet approximately. They then collected samples from those at one foot intervals to determine the soil profile. Suzanne Ticknor: Stated that there was also infiltration tests done after they did the other testings. Ron Wong~ 11600 N. Sanders Marana~ AZ: Commented on the boring tests performed. They had three test borings, two of them were down to 100 feet and one was to 150 feet. The soil profiles they encountered were very good for infiltration. Herb Kai: If there was an problem arising from this, who will fix it and remedy the problems or who will monitor them. Suzanne Ticknor: Before the GRD will be allowed to recharge any water at that site, they must get a permit from the Department of Water Resources. IN the process of obtaining the permit, the Department will want GRD to demonstrate that they will not cause the migration of a contaminate. Once the permit is issued, GRD is required to place monitor wells around the 9 perimeter of the project. If the monitoring showed that there was damage, or that damage was imminent, GRD would change the plan of operation. Herb Kal: Concerned that no one knows where water runs underground, what you do at one location could affect something down stream. Suzanne Tieknor: If any party was to have a concern at any time, they could go to the regulatory agency, and raise that concern through an administrative process. Mayor Harn: Voiced a concern over receiving monitored results of the tests. Wants the Town to be kept aware of what is happening in those monitoring wells and around the project. Suzanne Ticknor: By law under the permit, once the permit is issued, GRD is required to report annually to the Department of Water Resources. It could be included as a condition of the permit that GRD share with the Town the reports. All these records are public record. Herb Kai: 1S there somewhere that the Town could have input as to the testings done. Suzanne Ticknor: Feels the time for that is during the permitting process. The DWR would issue public notice that they are considering issuing a permit for the facility and asking for public comment. Ed Honea: Has there been any tests to see if there is an correlation between putting water into the ground and there is effluent running down the river. Suzanne Ticknor: Those studies have not been done yet, they need to be in order to obtain a permit. That may be required before the pilot permit is issued. If it happened, through the monitoring the activity would be stopped if damage was being caused. Ed Honea: By the time the damage is found, it is to late a lot of times. If the replenishment forces the effluent over into the residential part of the Town of Marana, the wells could be poisoned and it would be to late. Would the Town have any recourse. Suzanne Ticknor: Thinks the Town probably would. Ed Honea: Besides going to court and spending millions of dollars. What other action would be an option. Suzanne Ticknor: Would think the Town would have recourse if GRD activities were causing damage. The prevention is the monitoring, the most important activity. We monitor routinely, report once a year. The monitoring has not yet been established, but it will be a reasonable basis. Brad DeSpain: Addressed the issue of mitigation, a letter will be drafted. Will be asking that of GRD. And through the permitting process we will ask that same thing. HuEh Holub: The effluent is one source, the Town also has septic systems. The reverse problem where the septic system problem could be contaminating the groundwater recharge that is being paid for. Water quality is a big problem in the Town. The monitoring of wells is very important and the location of these wells. Would suggest seeking to have the permits amended requiring notification of the results from the well reports, within so many days of the report being filed with the agencies, have reports turned over to the Town directly. Other jurisdictions in Arizona have reporting requirements under their permits, where they must turn over results directly to the communities in the area. Ed Honea: Of the permitting process, what is the position of the Town of Marana. 10 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL MARCH 7~ 1995 Hugh Holub: This is a state permit. DWA being a state agency basically supersedes anybody's authority when granting a permit. The conditions of the permit can be written to require all kinds of conditions. Brad DeSpain: We issued a courtesy permit to CAGRD/CAWCD when they did the trenching and the boring. At the same time they are aware that they need to talk with the Town when something is going to be done. Helen Key: The Council is interested in prevention, not just reporting after the fact. Also interested in making water available so the community may grow. Hugh Holub: The typical family uses a half an acre foot of water a year in this part of the state. You are talking $50.00 a year for the cost of the assured water supply. Brad DeSpain: Currently the Town is charging some near $300.00 an acre foot for water customers in Honea Heights. $100.00 more an acre foot is not an enormous amount. RECESS E, Proposal to draft an Intergovernmental A~reement between the City of Tucson and the Town of Marana for purchase of Wholesale Water and related Infrastructure. Hurvie Davis: Update the Council regarding the progress on the status of the Intergovernmental Agreement with the City of Tucson. There have been several meetings and more are scheduled. The Town has been given the opportunity to draft the first proposed IGA between the Town and the City of Tucson. We do not have the first draft of the IGA at this time, we will soon have it. Hugh Holub: Town staff will be meeting with one of the new Assistant City Managers for Tucson. They have the letter that was sent with the issues to be negotiated. They have been looking them over. Mr. Holub volunteered to make the first draft of the IGA. Has been going over a draft from a few years ago to see what is still relevant and adding new items. When the draft is put together it will come before Council for review before sending it to the City of Tucson for their reaction. Progress is being made. Brad DeSpain: The Town staff is very hopeful regarding the upcoming meeting. Believes that there has been a change in attitude, Tucson Water is becoming service oriented and cooperate. Mr. DeSpain is very encouraged that progress will be made soon. Hurvie Davis: Basically Town staff is carrying out Council's policy that was adopted some time back, where the Town of Marana would be the primary water provider within the Town. Hugh Holub: One issue, if an IGA is going to be negotiated with Tucson, in effect that defines what the ultimate Town boundary is going to look like, how far south it will go. With the water agreement, including a boundary agreement. Will be dealing with later on in looking at annexation boundaries will help in the water negotiations. Brad DeSpain: The Town is at a great advantage for getting to draft the IGA. Mayor Harn: Stated that the issues before Council are not uncomplicated. Commented that Flowing Wells has talked to the Town of Marana about annexing Flowing Wells. Hugh Holub: Thanked the Council for understanding what is trying to be done. F. Discussion and recommendation to the Town Council regarding[ the annexation area for the Ultimate Town Boundary - Resolution No. 95-14 Hurvie Davis: Last year a task force was set up to undertake the issue of annexation and the ultimate Town boundaries, The existing Town boundaries zig~za§ all around and creates 11 problems. The Task Force consisted of three Council members, three citizens and senior staff. The task force worked hard on putting together a proposal for Council concerning the ultimate boundaries. Tried to use natural boundaries to facilitate where the boundaries would be. This is a guide for staff and the community who people who may want to annex into the Town. This issue has been taken before the Planning Commission and they made no changes. This is the first time this map has been before Council. So it's up to Council whether to adopt it this evening or give the Task Force feed back and send it back for further consideration. Have had a number of property owners come to the Town wanting to annex. Currently there is one annexation in progress right now, over on Tangerine Road, a 40 acre parcel. Would like to point out with the eastern boundary being Shannon Road, it has been a general agreement between the Town of Oro Valley and the Town of Marana that Shannon Road would be the dividing line basically between the two Towns. Had input from the Marana School District Officials that perhaps the boundaries of the school district ought to coincide to the greatest extent possible, the Task Force thought that was a good idea. This was discussed with the Town of Oro Valley, they asked if there was something in writing from the school district. The matter was taken to the School District by Mr. Davis, they took it before the Board. The Board adopted a position saying if the boundaries were over their, they would support Shannon as being the joint boundary. The School District is totally neutral on the subject of annexation, but they would suggest a common boundary. Ed Honea: Commented on the map, that most of the ultimate boundary lines are natural boundaries. This is a soft line, it is not to say that Marana would not annex a little outside the line or turn someone down inside the line. Also stated there is no annexation proposal for the Avra Valley Airport. Hurvie Davis: One concern that was brought out if the airport was annexed is the sales tax issue. Tom Clark: Would like to know who sat on the Task Force Committee. Ed Honea: Mr. Honea was Chair of the Task Force, Jerry Flannery, Joe Lizardi, Hurvie Davis, Dan Hochuli, Helen Key, Herb Kai, Joe Reilly, Dave Smith and Sandy Groseclose. It gives people a general plan for annexation. Need to square up the Town boundaries. Billy $chisler, 12561 N. White Ave. Marana, AZ: Thinks a good job has been done. Feels the boundaries should be squared up. Need to be careful not to annex areas were it will be more cost to the Town than is going to come back to the Town. Mayor Ham: Stated that the people will be the ones to make the ultimate decision. A motion was made by Tom Clark, seconded by Betty Horrigan and carried unanimously to approve Resolution No. 95-14. Hurvie Davis: The Town is now approximately 66 square miles, with the adoption of this Resolution the boundaries will be 160 square miles. Dan Hochuli: People who come to us asking to be annex to the Town, they go to some expense before the Public Hearing. The people will do all the work before the Town decides whether they are to be annexed. One of the Committee's goals in adopting this was to give Staff guidelines and directions. Helen Key: This is not set in concrete. Whether an annexation will be considered or not, the Town could say that those people are within the boundaries. Mayor Ham: Need to make people aware that the Town isn't out to bring people in who are kicking and screaming. These are only guidelines. 12 Helen Key: In envisioning this kind of closing of gaps, what about an IGA with the County regarding law services. Ed Honea: It is in process to draw up some sort of IGA for Marana Police to respond to the airport. Dan Hochuli: It is a bit of a problem. Because if an accident occurs on one of the islands, the Sheriffs Department has refused to respond. Marana Police is responding to those areas, but on a liability standpoint the Town is nervous. Police Officers have state wide jurisdiction, 24 hours a day. We are operating in territory outside the municipality. We are exposing the Town and taxpayers to liability when we respond to those calls. Mayor Harn: Has a problem with that, that we are taking over County responsibilities. When people decide they do not want to be in the Town, why should the Town be responsible to take care of the police service. Hurvie Davis: Would mention to Council that the boundary goal is Shannon Road, the Town of Oro Valley still has Thornydale Road. We may in up with an overlapped area. It would be up to the people to go with Oro Valley, Marana or stay in the County. G. Joint Study Session of the Pima County Board of Supervisors and the Marana Town Council on March 21t 1995t on the subiect of Flood Control. Hurvie Davis: This is an issue that has been around the Community for at least 12 or 13 years. There have been many people involved in this issue. As a result of Mr. Moore's appearance before Council a few weeks ago, a joint session has now been scheduled. Staff has been meeting on this issue to put together a presentation, Mr. Brad DeSpain is coordinating this effort. Hope to turn out in mass to the Board of Supervisors to show the concerns and commitments on the part of the Community. Brad DeSpain: Mentioned of a memo in Council's packet which was written to Mr. Davis, suggesting topics for the joint study session. There are about three areas the Town wanted to focus on. The first is the need for the project, document by loss since 1983. Lack of maintenance of low flow channel, effluent discharge which continues to cause growth within the channel. The possibility of recharge of effluent and CAP in the Santa Cruz river. The support material that will need to be provided, federal funds, state funds that have been obtained. The in kind contributions that the Mayor and Mr. Davis have done a great amount of work on. The history of commitments as well as postponements of the project since 1990. Would like to try and tie them down to a firm schedule for the elements of the project. Mr. DeSpain's suggestion is that the design be developed by July 1995. Bids and commencement of construction by July of 1996 and a completion date of project by July 1999. The general outline is as follows: the introduction will be done by Mayor Ham, follow-up on historical and areas pointed out focus of demonstration for need of the project by Tom Clark Sr., Dan Post agreed to speak to it, and also look at it from the School District and Joe Parson will comment as a new businessman moving into the Town. Each topic and person will be held to five minutes. The Town will also have citizen representation. Mr. Bob Stubbs might present information on technical and historical support. Mr. DeSpain will do the summary and conclusion. Herb Iiai: Will we be asking Pinal County people to come to the meeting to have input. Brad DeSpain: Had not considered it. Would like somebody from Pima County Board of Supervisors and a member of their staff to go with the Town to a Pinal County Board of Supervisors meeting and met with Mr. Ruiz. Tom Clark: Have the Board of Supervisors agreed to this presentation. 13 Brad DeSpain: The Board of Supervisors agreed to whatever the Town wanted to talk about, Mr. Moore committed them to that. Helen Key: Commented on the flood damage of 1983 vs. 1990. Mayor Ham: Would like to have Council look at the last page of the letter that was sent to Pima County. Contains historical information regarding the Santa Cruz and the surrounding Ed Honea: One tool he feels the Town should use is before the County started running effluent, they made a presentation. Several statements were made about growth in the river and the way would it affect our water. They made a presentation that this would not happen. If this information can be found it would be considerable fuel. Brad DeSpain: Any substantiation that can be put on them will help. It will now be on public record that this has all been pointed out to the County. It has always in the past been in communication with the staff. It is time to quit waiting. Each person will prepare their presentation, if Council would like to see each of them, please let Mr. DeSpain know. Hugh Holub: Stated that he serves on the Citizen Advisory Committee to the County Flood Control District. They had a big meeting with the Committee and the Board of Supervisors last week. A couple of things to be aware of when dealing with the Flood Control District. itl the definition of flood control doesn't just deal with flood control projects, they also buy land and build bridges. They are the only flood control district in the State that are building bridges, which are usually funded in transportation. There are three major projects they are looking at starting next year, one if which is the lower Santa Cruz project. It was made pretty clear that only two of those three can start the next fiscal year. Finally, they keep getting stuck on the participation issue. Hurvie Davis: Asked the format of the meeting. Need to move in with a hard headed factual presentation, and then open the issue up for discussion. Mayor Harn: Commented that she would like all Councilmembers to attend if possible. H. Five-year Streets Capital Improvement Program (CIP} for FY 1996 through FY 2000 and update on FY 1995 pro~ects. Hurvie Davis: Told Council that Joe Lizardi, Town Engineer, came to Mr. Davis and said there had to be an update to our five year Capital Program to PAG. Town Staffhas tried to upgrade the five year streets program. Trying to put together a program for Council. One big issue is funding sources, 15%. A few months ago Staff came before Council with a list of streets as potential candidates for 15%. 15% of the State moneys that were split between Maricopa County and Pima County back in the early 80's. 70% going to Maricopa County 30% to Pima County for transportation facilities on the state highway of regional significance. Tangerine Road was put on the State system some years ago as a regional facility, to be a limited access facility. Therefore qualifying for the 15% funds. The 15% fund, has now become a regional grab bag for various streets. Staff submitted to Council months ago, a list of candidates projects Staff felt would meet 15% fund. Put together a program to present to Council with federal funding, local funding and 15% funding. Joe Lizardi, Town Engineer: Gave Council a map of Capital Improvements Program and also the frame. Would like to start with the 1995 projects, Sanders Road, Tangerine Road and Moore Road. The Sanders Road will go from Santa Cruz River to Marana Road. This project will consist of two 12 foot travel lanes with 8 foot shoulders, length of project is 1.8 miles. Second project, Tangerine Road, 1-10 to Breakers, consists of 26 feet of asphalt and concrete, two 12 foot lanes with 8 foot shoulders, length of project is 1.7 miles. The third project, Moore Road, from Sanders to Sandario Road, consist of two 12 foot travel lanes with 8 foot shoulders, 14 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL MARCH 7, 1995 length of project is 1 mile. The other projects that will be submitted to PAG/TIP, Mr. U~zardi will be attending a PAG meeting March 8, 1995. The projects that are indicated as the federal projects, Twin Peaks Road, from the camp to the Town limits, Sandario Road, at Marana Road, Tangerine Road from Breakers to Wild Burro, funded with 15% funds. Also Tangerine Road from Wild Burro to Thornydale, funded with 15% funds. Presently with the 15% funds, the Town will be setting up some type of criteria, in which the projects will be evaluated. Went over the list of projects with the Council. Mayor Harn: These are proposed projects. These will go to the ultimate committee, and they will prioritize. Hurvie Davis: The Town have to compete for the federal moneys and also for the 15% funds. Discussed further the proposed projects. The amount for the program is $13 million over the next five years. Also there are funds left over, the chip sealant program was not completed due to bad weather. A copy of the chip sealant program is in Council's packet. The chip sealant program will be under way again once the weather warms up. Joe Lizardi: Would like to go with the basis amount of $509,000 with a few alternates. Mayor Harn: Has a problem with Sandario and Moore Roads. Five years ago these roads were proposed, waiting until 1997-1999 for repair. These projects were on the list years ago. Hurvie Davis: Those projects were scheduled in a program for overlay. The decision was made by Public Works and so forth that the roads were to far gone for overlay, they needed to be reconstructed. The Town has never really had the money to do the streets. Used to have to depend on CDBG grants for the improvements. And believes that CDBG moneys cannot be used for overlays. Then the Town had to start getting federal moneys for these projects. John Lynch, GLHN Architects and Engineers: Went over the schedule for some of the projects and what needs to be done to get started on these projects. Told Council that in regards to Sanders and Moore Roads, ADOT is actually ahead of schedule on these projects. At this point in time ADOT has been very cooperative. A motion was made by Helen Key, seconded by Ed Honea and carried unanimously to approve the Streets Capital Improvement Program for the Town of Marana for FY 1996 through FY 2000. I. Mayor's Report Item continued to next Council meeting J. Manager's Report Hurvie Davis: Has been working with Mr. DeSpain on flood control. Also update Council on his disability. Mr. Davis received the results of the CatScan, he has a herniated disc, that he will be receiving therapy and then a possibility of surgery. Will be operating from home while recovering from his surgery. X. FUTURE AOENDAITEMS None X. ADJOURMENT A motion was made by Tom Clark, seconded by Betty Horrigan and carried unanimously to adjourn. TIME: 11:00 P.M. AUDIO TAPES OF THE MEETING ARE AVAILABLE AT THE MARANA TOWN HALL CLERK'S OFFICE. 15 CERTIFICATION I hereby certify that the foregoing minutes are the true and correct minutes of the Regular Council Meeting of the Marana Town Council held on March 7, 1~)95. I further certify that a quorum was present. TOWN CLERK 16