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HomeMy WebLinkAbout02/07/1995 Regular Council Meeting MinutesPLACE AND DATE Marana Town Hall, February 7, 1995. I. CALL TO ORDER By Mayor Ora Ham. Time: 7:07 P,M. II. PLEDGE OF ALLEGIANCE Led by Mayor Ora Harn. III. INVOCATION/MOMENT OF SILENCE Led by Mayor Ora Harn. 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 Jerry Flannery Mick Mathieu Michelle P. Hailer Brad De Spain 43 Members of the Public. Mayor Vice-Mayor, excused Council Member Council Member Council Member Council Member, excused Council Member, excused Town Manager Town Attorney Town Engineer Planning Administrator Engineering Consultant Clerk/Receptionist Water Utility Advisor V. APPROVAL OF AGENDA A motion was made by Ed Honea, seconded by Betty Horrigan and carried unanimously to approve the agenda, with the exception of removal of 9E. VI. APPROVAL OF MINUTES None. 1 VII. PETITIONS AND COMMENTS Jim DeGrood, 3333 E. Broadway~ Tucson~ AZ: Introduced himself to the Council. He is with the WLB Group. The Town has had the opportunity to work with John Wood, he is no longer with WLB. He will be assuming a lot of John's projects, in the project management role. Hurvie Davis, Town Manager: Pointed out that Mr. DeGrood was the Town Engineer for the Town of Oro Valley, and as such Town staff has worked with him between the two jurisdictions. VIII. ANNOUNCEMENTS Bob Kern, Public Works Supervisor: Introduced new employees to the Council: Joe Miller, Debbie Kane, Gary Hyatt, Jamie Warner, Greg Reed and Harry Rumbo. Betty Horrigan, Council Member: Announced the marriage of Ed Honea and Jan Lawson. GENERAL ORDER OF BUSINESS A. Consent Agenda: 1. Appointment of Ted Eyde as a representative of the Town of Marana to the Pima Association of Governments {PAG} Environmental Planning Advisory Committee IEPAC). 2. Notice of Election - Adoption of Resolution No. 95-10 establishing polling places and voting districts and times that such polls will be open. 3. Request for Occupational License - Barbara Carroll is applying for an occupational license as a massage therapist. 4. Request for Occupational License - Sally Thomas is applying for an occupational license as a massage therapist. A motion was made by Ed Honea, seconded by Tom Clark and carried unanimously to approve the Consent Agenda as read. B. Supervisor Ed Moore - Discussion with Pima County Board of Supervisor Ed Moore relative to various issues, including Water~ Waste Water, Flood Control and Future Development. Ed Moore, Pima County Board of Supervisors: There are some interesting issues, some of which are momentos to the Northwest side. Mentioned the Westinghouse/US Home development coming up. Issues are coming up as to who will provide the water. If Marana can put something together so Marana owns the water utility, there is no problem whatsoever in owning the utilities put in the ground by US Homes/Westinghouse, CFD or a combination thereof. You will cement for the Northwest side o£Tucson and for Marana's future the elimination of the City of Tucson, The City of Tucson right now is a bankrupt water utility. They have spent close to $300 million in the last several years to build a treatment plant for CAP water. All sorts of issues they need not have spent money on. The problem they face is they don't have the money to do the out reach that is going on now. Marana has the ability to control the Town's water future and in the process, protect people who might at some time annex to Marana. It will help to protect the safe water future for the Northwest side. If US Homes does not take water City of Tucson but instead does it with an intergovernmental agreement, or an agreement of any sort, with either Marana or any of the two irrigation districts. Will eliminate the potential of CAP water being delivered on the Northwest side. Hope that the Town will analyze what is best for the Community and stop the City of Tucson from intruding their water services, into areas that would be dreadfully harmed. Noticed flood control on the agenda for the Council tonight. At the Pima County Board of Supervisors meeting today, we refused to increase flood control district fees. We also refused to give money for a number of contracts. Have some $11 million for flood control district this year. $1.5 million is for projects, and the rest is for studies. For the first time we are starting to address the issue, needs the Council's help on that. We have a number of Board members looking at a 96 election year, and the Town can help by taking action, and letting them know to focus on flood control projects in Marana, because we got the money from the State. That $1 million has been sitting there for a number of years. Mayor Harn: It's been there since 1989. And $3.5 million from the Feds, which has been there longer then the $1.5 million. Ed Moore: And the commitment from Marana property owners to dedicate the land for flood control purposes, what economical value does that have? Mayor Ham: It has an economic value, but the last time we had somebody here from Pima County, which was just our last meeting. He asked again, after saying we have companies who will donate materials for the bank, companies who will give us right-of-way over their property. He asked us what we were going to put into the pot. They want to know what we can put in the pot, and the more we put in the more they ask what else we can put in the pot. We have been doing for the County since 1983, and now we want to know what you are going to do for us. Ed Moore: I agree, absolutely. Would like to have the Marana Town Council take a direct position of here are the lands, and Mr. Moore will get someone to give the Town an appraisal value on those lands, based on what the County condemns lands for. Mayor Harn: We are not asking for the County to condemn or buy or land. Ed Moore: You are in a political argument. You have County Supervisors who are trying to look good before the public. What you have to do is point out the money that is out there and why this project is necessary, and here are the contributions that have been made by the community. And that is easily accountable for if you put a value on the land that will be dedicated. Mayor Harn: Has been communicating with the Board of Supervisors. A few years back the County agreed to do the flood protection, in 1990. Ed Moore: With no question, that was put as a primary issue in the flood of 1993. Mayor Harn: Still hasn't been a shovel full. When the Mayor speaks to the County Board of Supervisors, they just say they are studying it. It's always a few more years down the line. Ed Moore: What was done today by the Board of Supervisors is the first positive step since the 83 flood. Simply directed staff that we are not going to et them charge fees, or to hire people for various studies. We want to know what the studies are tied to. What projects are you planning and what studies go with those necessary projects. In the past, the flood control district has had issues where county contracts have come before us and we have 3 been asked time after time to simply approve the contract. Now have the ability to tie the studies to a particular project. If the Town could present what Marana has put on the table in so many acres, if you can give the number of acres, feels he can get the support this time. Mayor Harn: When she appeared before the Board of Supervisors in 1990, got a unanimous vote, also from Mr. Eckstrom and Mr. Grijalva. Runs into as many obstacles with your staff, more so almost than we do with the County SuperCisors. Feels like Mr. Moore as the Town's district supervisor, feels that Mr. Moore should get in there and fight for District 3. Ed Moore: Staff has absolutely controlled the expenditures of money. You are about to lose the Trico bridge if something is not done out there. Mr. Moore and aware of that and working on it. If Mr. Moore can't get the Town to be in the parade that insists that something be done because here is the CAP money, here is the State money. We have ail of these funds available. We need to politically embarrass the other Supervisors into directly supporting what has been promised many many times in the past. And for which many many millions of dollars have been raised, particularly when you add the value of the lands committed for these rights-of-ways. Mayor Itarn: The problem is that the parade went by so long ago that you guys don't realize it's way up the road, and you are behind. But we will continue. Ed Honea: Trying to figure out what is happening in our district. Have had money appropriated for flood control district, it was taken away, they did the Tanque Verde bridge. Had money taken away for another project, in another district. What's going on? The Town has had loss of life, loss of billions of dollars worth of property. And this district is getting nothing. Ail the work is being done in the other districts, it's becoming a joke. We have been to the Board of Supervisors, we have provided moneys, we have provided lands, we have talked to we're horse and nothing is getting done. The only reason we have a problem with flood control out here is because of that effluent. And a member of the County staff came out to the Town Council in 1979, or something, and made a statement that effluent would have no affect on the Santa Cruz river. Does not believe this is a funny issue. There are Cottonwood trees in the middle of that river that are four foot across the base. What we should do is sue you guys, the County and the City of Tucson, for running your effluent through our Town and ruining our river. Ed Moore: The City of Tucson will not allow the effluent to be used. Four projects, recharged projects, proposed by Pima County Government with its Wastewater Division were turned down by the Arizona Department of Water Resources, because the City of Tucson came forward and said this effluent belongs to us. Pima County is not allowed to use it, even though it would pick it up several miles down stream, from where we force it to be dumped into the Santa Cruz river. The effluent is not under the control of Pima County. We cannot stop or use the effluent. The City of Tucson used their legal powers to stop four recharge projects where the effluent would have been picked up. Ed Honea: Statement Mr. Honea is making is that before one drop of effluent ran down that river, a County representative, thinks it was Chuck Huckleberry, came out and spoke to this Council and made a statement on tape, that that effluent would have no affect on that river. Can tell you that is a lie. Ed Moore: Will tell Council directly that that is a lie. Because that effluent is slowly polluting the ground water out here. Nitrates are going into the ground out here, that cause blue babies and all sorts of things that will turn this water into something that can't be used. 4 Eld Honea: Flood control, the business and growth and industry in the north end of the Town of Marana has come to an abrupt halt. It's not because people are not out here with money that want to build, that want to grow and want to prosper. It's because we are in a flood plain. The reason we are in a flood plain, and my family has lived here for almost 80 years, is because that effluent clogged up that river with trees and brush and garbage. And when we got heavy rains, it could not run down the channel so it had to start doing this to work itself around. That is the reason we have a flood problem. Ed Moore: He would challenge the Mayor and Council of the Town of Marana directly, on two different issues. First of all to take a position to point out the assets that have been dedicated to solving the problem down here. Also challenge you to understand that Pima County does not control the effluent. The only way that you can control the effluent, you have the ability to tax effluent that comes into a sewer treatment plant in your Town limits. Have the guts and the courage to put a tax on either the discharge of effluent into the Town or the discharge of effluent into a treatment plant. You have the legal ability to tax that, the County has researched that tax issue. You put that tax on, and you will immediately cause a reaction, the City and County will have to address this problem directly. If you also address the fact that you have created assets, not only the million dollars from the State, basically because Marana went up and fought and got that. We all together got money from CAP, you guys have done the acquisition of lands that are worth a lot of money. You need to put the dollar values of those things down. If you don't have the guts to tax the County, and the City for the effluent discharged, and the effluent taken into the sewer treatment plant, blame yourselves, because something does not get done. I would submit lose it in court, but take your position, stand up as individuals. Mayor Harn: We have contacted a tax attorney, and he differs with your opinion. Ed Moore: There are other attorneys that gave want to fight for your right. Make the government's fight you, don't sit by and let everybody roll over you. I'm trying to solve problems, I can't solve it without your help. That's the bottom line, if I can get your help, we have the ability to solve things. You put a tax on the effluent and the County will begin to listen to you. Force them to go to court, you have the right to do that. Betty Horrigan: We she first came on the Council, the Council did that. Took everything down to County, they made a presentation and you guys did nothing. Are you going to do the same thing. Council Member Horrigan challenged Mr. Moore, that if the information is brought to County that it does not fall on deaf ears again, that is what happened last time. Ed Moore: He is a single vote on a five member board, just as you cannot control what your Council will do. Enact the tax or start the procedure to enact the tax, because there are other tax attorneys who advise that you do have that ability as a municipality to tax a sewer treatment plant in your jurisdiction. Let the courts decide whether or not the Town has that jurisdiction. You ought to call a joint meeting, with the Town's Council and Pima County Board of Supervisors. Call a joint meeting, document for the other Board members and for the public, what you have produced to allow these things to be done down here. Deal with the issues. Mayor Ham: Stated she has been fighting for flood control, if she had a nickel for every meeting, she would not have to hang around. The Town has fought diligently for flood control. Mr. Moore yourself tried to go to court over the effluent water and you made no progress on that yourself, if she remembers correctly. 5 Ed Moore: Does not remember that. Stated he has only been in three court cases since he has been a member of the Board. And won every single one of them. He state he was never in court on the issue of effluent water. If Mr. Moore was in the Mayor's position, he would have taken a very firm position legally in court, to force a decision in regard to the taxation abilities of this municipality. Ron Tankersley hired an attorney to come up with an opinion and that attorney felt you had the full right to tax effluent, or the sewer treatment plant and the sewage going into the treatment plant. Mayor Harn: Followed up on it, and it is not a very valid lawsuit. Ed Moore: It is not a lawsuit, you force the County to file a lawsuit to say what you are doing in improper. That brings public attention to the issue. Mayor Harn: Felt Mr. Moore was side stepping the issue of bank protection. The effluent issue is a concern to this community, but don't focus on some tiny point that has been picked out of this. We are talking about flood control and the effluent is an issue that we can discuss any time. But we went to an appropriate tax attorneys and researched it very strongly, it is their opinion that this was not a valid tax that we could assess. We can get two attorneys together and discuss that, but the Council is making it very plain that we have put forth every effort that this Town, not only effort but thousands of dollars have been invested in studies and time. Ed Honea: In the Westinghouse/US Home project, the Town of Marana would be contemplating having the developer deed the infrastructure to the Town, which we have the right to do. And buy wholesale water from the City of Tucson. We have had run ins with the City of Tucson, but fails to see a problem with all the municipalities and the County in working together to solve a problem. If we can buy wholesale water, the Town of Marana, at the property line of that Westinghouse project, at a reasonable price, and retail it our citizens, what's the problem with it. Ed Moore: The problem is you will be buying, if the City of Tucson is successful, a second rate water to the citizens in that community. It will harm the ground water in the basin in which the community is located. We have a situation where there is many aquifers. We have far larger amounts of ground water, to supply ground water as a drinking water source to the citizens of our community, where ever they may be. As long as we replenish the ground water in some manner. The cheapest way to do that is with CAP water. Maybe it's by making deals with the farmers for what is called in lieu recharge. You as a farmer perhaps pay $30 per acre foot to pump water up, maybe the City of Tucson and other entities in the area who control CAP water could make a deal with you to sell CAP water for $25 per acre foot. And in the process acquire the ownership of an acre foot under your farm. That is called in lieu recharge. Then the entities jurisdiction does not have to spend money recharging water. If we use ground water, then we are not force to treat river water with all the chemical processes that we must to eliminate the different things that are in river water. There is no reason that our Tucson community cannot have a first rate water quality, that we can provide to our people. If Marana chooses to accept the City of Tucson water, and there is an initiative right now that would require that they provide ground water for the next five years. But if Marana chooses to deliver a second rate quality water to it's citizens, they have that choice, I do not think it is a very intelligent choice. Mayor Ham: Tucson does not even have the ability to put CAP water into Westinghouse. And our agreement with Tucson would only be a temporary agreement, until the Town of Marana could supply water to that area. 6 Ed Moore: If you limited them to ground water, I would be totally in support of that. Mayor Harn: It is limited to ground water. Hurvie Davis: That is correct. We do not, any agreement that we would reach with the City of Tucson would not be direct delivery of CAP water. Ed Moore: He would withdraw any objection he would have, as long as you include those in your IGAs. Mayor Harn: When Marana has it's water system up and running, that we will, then not take Tucson, but supply our own water to them. Ed Moore: That is perfect. That is the best interest of the northwest side and of Marana. You insure an income flow for Marana in the future. We agree on one issue at least. Hurvie Davis: Would like to say that if we were to sum up the value of the, take the million dollars from the State, whatever is remaining from the $3.5 million from the Feds, take what the value of the easement is worth and any other property that is rendered unusable. You put a value on that and value on the material and all of the support that the companies involve provide to the project at cost. We are talking about any where from $6 - 8 million. There is not a lot of money left that would be required from Pima County Flood Control DistricT Would remind everyone that the area that we are talking about, from the north end of the Continental Ranch bank protection, where Asarco and Arizona Portland Cement and the Community of Rillito is, they are not in Pima County, they are the first ones to get hit by this. If you sum it all up together it is a sizable contribution from this community towards that project. A most of Figures lA is in the County, the unincorporated area of the County. Of $30 million put in bank protection by the Flood Control District in the City of Tucson boundaries, over a five year period of time, there was $250,000 contribution from a benefiting property owner, out of $30 million. Ed Moore: Would the Mayor and Council me willing to meet with the Board of Supervisors in a joint meeting? Mayor Harn: Stated that the Council would be delighted. Ed Moore: He would commit to set up such a meeting, give it enough time so Town staff can make a presentation, so that the other Board members become aware of these issues. Mayor Harn: The Town staff and Mayor are willing at any time, and already have their presentation put together. Ed Moore: Make sure you have plenty of time. You don't want it next week, let's do this with proper timing. Also congratulated Mayor and Council on the agreements for water supplies as long as you keep the City of Tucson to well water. Mayor Harn: The other agreement the Town has been working on with the City of Tucson, noticed publicly and legally that they are not to come into Marana's service district without some kind of IGA with Marana and we have an agreement with Tucson, at least working at an agreement with Tucson that any infrastructure they have received within the Town of Marana, at no cost to themselves with be turned over to the Town of Marana at no cost to the Town of Marana. 7 Tom Clark: What is the Board of Supervisors and the Tucson City Council going to do about a new landfill? Ed Moore: He was told that there are plans by some of the Council members and some of the Board members to put one on the west side of Avra Valley. And that's where they demand it be done because there was a Hispanic caucus in Tijuana in January of 1993 where various, and including one member of the Pima County Board of Supervisors, various people made commitments that no landfill would be built within one hundred miles of the U.S. Mexico border. Mr. Grijalva and Mr. Eckstrom have gotten an exclusion from that if it's built on the west side of the Avra Valley. Thanked the Council and departed. C. Proposal for a Town of Marana Family Fun Day and Fireworks Show at the Sportspark for July 4~ 1995t fundin~ and support authorizinl~ to transfer funds from continEency fund. Hurvie Davis: This item came before Council some weeks ago, you asked the staff to research the matter further and get back with Council. Town staff met with Sportspark recently and reviewed the site and went over details of the proposal Mr. Davis finds it an exciting proposal. The Town is being asked to cosponsor in the amount of $ I 0,000. Sportspark will rebate $1.00 of every admission charge back to the Town of Marana as an offset towards the seed money. Mr. Davis has been working with Mr. Munson to help find other sponsors to help offset the total of $26,000 in costs. Thinks the valley is large enough to have two fireworks shows. Jim Munson~ Sportspark: We look forward to the opportunity, thinks he can be very exciting. Hopefully it is a beginning of an annual event. The Family Fun Day is a day for families to be together. Mayor Harn: When there was a fireworks show at Avra Valley Airport, people came from all over, huge crowds attended. Jim Munson: The show that has been the most distinct show in the valley for years, at A Mountain. That show is a $15,000 show in terms of the amount of the fireworks display. Intends to spend the same amount of money this year with the Town's help and the help of other sponsors. Was in the newspaper that the City of Tucson is reviewing their fireworks show and intends to make it more than just a fireworks show, which is kind of interesting. Tom Clark: Have you investigated the appropriateness of shooting fireworks off above your facility, as far as neighboring businesses and the interstate. Jim Munson: We have had 5 previous fireworks shows at Sportspark. None to this extent or level, but we have had 5 previous and have had no problem in obtaining the necessary permits, etc. Hurvie Davis: That was one of the issues discussed with Mr. Munson when staff went to the Sportspark. He showed us where the fireworks would be going off. Mr. Davis first concern was with the Interstate, would people be stopping. But, remember the City of Tucson does the fireworks from A Mountain, they are right down the interstate as well. Ed Honea: Most of the tickets would be disbursed through Marana area businesses. Hopefully sponsors in the business district. It would give first opportunity to help local :1995i Marana-Avra Valley families get into the park. Another issue, at a time when Tucson is having problems with their fireworks show and talking about doing away with them, thinks it's a tremendous opportunity for the Town of Marana to step forward and present a fireworks show. The majority of people attending could be non-Marana residents, per se, but they are in our sphere of influence. They spend their money in the business area, and help the community indirectly. Tom Clark: Does see anything on the proposal for low income families, that might take the family to the event. There is a lot of low income families in this side of Marana. In addition to getting into the facility, what is the cost of the activities. If it is carnival style, a lot of people out here may not be able to afford to attend. Jim Munson: Have taken that into account. The anticipated prices are .25 and .50 for the activities. Had the same activities last year, but didn't have the help of the Town, and they had to charge the cost of having those attractions out there, which was $1.00 - $2.00 per item. A motion was made by Ed Honea, seconded by Betty Horrigan and carried with Tom Clark voting no, that the Town of Marana co-sponsor the Town of Marana Family Day and Fireworks Show to be held July 4, 1995 at the Sportspark complex and that $10,000 be transferred from the Town's contingency account to cover part of the cost, and that refunds be credited back to the contingency account. D. Arizona Portland Cement Plant at Rillito~ Arizona - Permit to burn tires and waste oil issued by the Arizona Department of Environmental Quality. Discussion/Action. Hurvie Davis: This issue comes before Council as a result of an article in the Arizona Daily Star, regarding the permit that was issued to the Arizona Portland Cement Company. Mr. Davis received several calls on the article. Thought it would be in the best interest to clear the air by putting this item on the agenda and discussing it. The item came before Council some time back relative to the application for the permit, the Town was informed that it would be meeting all the air quality standards and ali the State in order to get this permit. That was the basis in which we supported it, we still think that is accurate. We have meet with the Arizona Portland Cement Company representatives last week. Mr. Davis called and asked them to attend the meeting this evening, call the Pima County Department of Environmental Quality to get input from them and they said they really were not involved with the project, it came under control of thc State Department of Environmental Quality. We contacted the ADEQ to get information on this, we have Arizona Portland Cement Company representatives with us here this evening. Mr. Dave Bittel who is the plant manager, and others to make a presentation to you. Also there are representatives from the Arizona Department of Environmental Quality here this evening to discuss this issue. Mayor Harn: For those people who are here who are interested in this issue, there is quite a bit of material given to Council by ADEQ and by Arizona Portland Cement, if any one is interested in this material they can request from the Town, for the cost of the copies. David Bittel, Arizona Portland Cement Company, Plant Manager: Thanked Council for inviting them here tonight. Introduced Louis Thonukos, Environmental Consultant for Arizona Portland Cement. Brought some fellow employees as well. The operating permit is very important to all of us, and it is an important part of our livelihood. Would like to make four statements in regard to the newspaper article. The first is, Mr. Soule was a resident of derome above Phoenix Cement. He made a statement in the article that Phoenix Cement, for every one hundred hours of tire burning, emissions of dioxins and furans would each increase by one pound. This is totally not true, from research, everything they have found out, there were no stack tests done at Phoenix Cement whatsoever. They could not have come up with any numbers without it. They did not to any testing. Secondly, in the article which is not true, he states that the permit for Arizona Portland sets a limit for only particulates or small particles and requires testing for only particulates. He said this was a license to pollute. He directed Council to Arizona Portland Cement's operating permit and the testings that must be done. The third thing, the waste oil, if Mr. Soule read the permit, anything more than 1000 parts of chlorine becomes hazardous waster and Arizona Portland does not have a permit to burn hazardous waste. So again the third item is just totally not right. The last point in the article, Soule said only Arizona Portland Cement's own test, done several years ago showed that the use of tires and waste oil in its fuel could be safe. The fact of the matter is that in 1991 Arizona Portland Cement did extensive stack testing when they were burning tires and a whole array of different fuels. They went to the State, because they were not going to spend $250,000 and not get the State to observe the testing, other wise the data would be no good. Again totally wrong. Mr. Bittel proceeds to display some overhead slides to the Council. Tom Clark: What is PM10? David Bittel: PM10 is the real small dust particles smaller than 10 microns. Tom Clark: How do you measure it, on the stacks or? Louis Thonukos: There is an air sampler that draws air, and the rate at which is draws air will come off the larger particulates. The particles are captured in the filter, you weigh the filter prior to exposure, after exposure you determine how much mass gain there is. You got the mass gain and the total amount of air from the sample. Tom Clark: Does Portland Cement do their own studies, as well as submit a sample of this to AD[gQ? David Bittel: Arizona Portland has their own sampler. We collect the data and send it up to the State. Every six days we collect that data. Finished up by saying that they have been burning oil and rubber, it is not something new to the plant, Started burning rubber in 1985, started burning onspec used oil in 1989. Mayor Ham: What is onspec? David Bittel: The State of Arizona has set two different levels of used motor oil. Louis Thonukos: Onspec oil is oil that is not a hazardous waste. Whether it is hazardous or not is defined federally. Mayor Harn: Does this come from every little gasoline station? David Bittei: Two companies we deal with, Thermal Fluids and Allen Moore. They go around and collect oil from gas stations and car dealers. They do a chlor detect test, to check for halogens before the oil is picked up. They put the oil in a tank, we require that they take a sample and check for different levels of certain items. 10 Tom Clark: Pima County DEQ was never involved in this process, why? David Bittel: His understanding is that Pima County and one other County decided to go it alone. The State has a program, where you cannot put tires in landfills anymore. There are not a lot of alternatives to getting rid of the tires. Right now all the other counties but Pima and one other, all tires are going to a site in Coolidge. Tom Clark: Pima County has not been involved in the process, why? Louis Thonukos: The State has retained jurisdiction, it is purely a jurisdictional issue. Bill Kuby, 3033 N. Central Ave., Phoenix, AZ, ADE(~: These agreements were negotiated with various counties. There are three counties that have agreements with the State, Pima, Pinal and Maricopa. Under those agreements certain industries were retained by the State in their authority, and the minor and some of the major ones, they have passed jurisdiction down to the County. The State does all the permitting at all levels for these three. Tom Clark: Pima County doesn't have the facilities or because it's so large they leave it up to the State. Bill Kuby: Part of that is true. Certain programs are delegated down to the various agencies. The State got delegation of these at the first. Tom Clark: A couple of years ago, some of the material they brought over, the quality wasn't good. Bill Kuby: Yes it turned out to be contaminated with benzene. Some of it was burned before it was found out about. As soon as it was found out about corrective action was taken. Tom Clark: Do you feel that the State monitoring the cement plant is appropriate? Bill Kuby: Yes, it is a pretty aggressive program that they live up to the guidelines of their permit. Tom Clark: Are the State guidelines stricter then the Federal government? Bill Kuby: The State has National Air Quality Standards. Mayor Harn: Addressed members of the public who wanted to speak on this issue. Charlene Abbett 7505 W. Mountain Sky Dr. Tucson, AZ: Read a statement to the Council titled "Here We Go Again", against the permit to allow Arizona Portland Cement Company to burn tires and oil. Wheeler Abbett 7505 W. Mountain Sky Dr. Tucson, AZ: Stated he is all in favor of getting rid of the tires, but not in this manner. Every page shown on the overhead was loaded with metallic and liquid poisons and carcinogens that will be thrown into the air. As small as they may be the add up. They are poisonous and they will be breathing this in. Stated that there are other methods that can be done m help clean the exhaust before it hits the atmosphere. Commented that all the tires on Ina Road need to be disposed of somehow, they are a fine source of energ3t. Can't understand where the State, Federal and/or the County, if 11 they have any smarts at all will allow this to go on without cleaning up the air to a degree where we can all feel safe. Hurvie Davis: Reminded Council that the Arizona Portland Cement Plant is not in the Town, we have no regulatory authority. The Town is concerned, concerned for the citizens in the community as well as employees at the plant. If there is a problem of pollution, we certainly do not have that expertise. Does not know what control the Town would have over this issue. Pima County deferred to the State, and we would defer to Pima County who defers to the State. Wanted the issue before the Council so that people could listen to what is going on and understand it. Bill Kuby Arizona Department of Environmental Quality: The event that brought about this meeting was the fact that Mr. Soule appealed to the State Hearing Board, certain aspects of the permit. That appeal will go before the Hearing Board sometime in the next several weeks, it will be advertised in the papers so any one interested can call to see when it will be held, it will be held in Phoenix. David Bittel: A brief follow up, we are a combustion process, classified as an industrial furnace. Everyone of us, put out the same pollutants getting to the meeting tonight, or when you light a candle, when your heater goes on at home, if you start a fire, you are putting out the same pollutants. As far as scrubbers, we didn't wait for the State to tell us to put in the best available technology, we put in bag houses, in the late 70's early 80's. These bag houses are 99.9% effective. We are not a little bit owned by the Japanese we are wholly owned by the Japanese and proud of it. The Japanese and the Germans started burning used tires and used oil in their cements plants a long long time before we thought about it because we are very fortunate in the U.S. to have an abundant supply of energy, and they don't. Ed Honea: When you were here a few years ago renewing your permit, you said if individuals wanted to tour the facility they could. Is that still open? David Bittel: Would be happy to give anybody that ask a copy of our permit, all the data given to the Town at no cost. Would also be glad to tour anybody. E. Public Hearing and Council Action - Resolution No. 95-08, Case Number VAR-95-01 a request by Richmond American Homes for a variance to reduce a side yard setback for a property located at 6776 W. Radcllff Wav, Lot 31 of Parcel 8, within Continental Ranch. Item removed from agenda. F. Resolution No. 95-09 and Ordinance 95.02 Fair Share and Development Agreement - Proposed amendments to the Town's Development Code by adding two sections, relating to the implementation of a Fair Share and Development Agreement Ordinance for the Town of Marana - Discussion/Action, Hurvie Davis: This item came before Council in December, for Public Hearing. The Resolution and Ordinance have been approved by the Planning Commission. Hugh Holub and Dan Hochuli have done a lot of work on this, as well as the Planning and Engineering staff. Mike Reuwsaat had some valid comments, he is here tonight. Mr. Davis asked Mike Reuwsaat to meet with Hugh Holub prior to the meeting tonight, to discuss those comments. This is a mechanism to put in place much like the CFD's, where development pays for itself. If a developer wants to come into the Town and develop a piece of property, and put the public infrastructure in that is necessary to serve that property, and there is a lot of undeveloped property in between, when that property starts to develop then in order to access that public infrastructure, those people have to pay their fair share. This is one of the agreements we had with the Westinghouse development communities. They anticipate putting in a lot of public infrastructure up front, that other people will benefit from later on. Hugh Holub, Water Counsel for the Town of Marana: Met with Mike Reuwsaat earlier and he had a number of very excellent comments about the proposed Ordinance. There are a lot of detailed things that need to be done to actually make the Ordinance work. The Resolution and the Ordinance are attached to each other. With the Resolution to the Development Code, want to be sure that the developer who is developing vacant property is aware that there is going to be an agreement created that will ultimately cost them something. And the Fair Share Ordinance is the details of how to do the cost allocation. It would be virtually impossible today to set a road fee of a certain amount per house. The Town doesn't have road plans to use as the basis to figure out how many houses that road would serve, in the future. Setting in place is a process to set specific impact fees in specific parts of Town as development occurs. It will not affect the agricultural commuttity, because as long as the plan remains in its current agricultural use there is no fee. If the land is sold and houses are built on it, at the point the permits are pulled to build the houses then the fees are assessed. Mayor and Council will set each one of those fees separately. Each fee will only be set with a public participation process. Can't just make up and fee and charge it, and expect people to pay it, it has to have a fundamental relationship, which can be determined fairly easily. Mike had good insight into the administrative details of how these things work. He has had hands on experience with this. He is a real resource in the future to help. The whole point of this is the Fair Share, making sure new development pays its fair share of the cost of the infrastructure in this community. Mike Reuwsaat, 12303 W. Grier Rd. Marana, AZ: Like to thank Mr. Davis for the opportunity to sit down with him on this issue. Feels its good Ordinances and a good boiler plate. Would like to commend Mr. Holub on the work and the Council and legal staff and staff on doing this. Would like to emphasize that there is an equal if not greater task ahead, for staff and for Council to develop the administrative and operational means to implement this so that a lot of the questions I was posing today are those that are standard in terms of developing how it's applied. Would like to stay abreast of the issue and offer some input and help with solutions to staff and Council. A motion was made by Tom Clark and seconded by Betty Horrigan and carried unanimously to pass Resolution No. 95-09 and Ordinance 95.02 - Amending the Town Development Code by adding a Fair Share and Development Agreement Ordinance for the Town of Marana. G. Proposed Acquisition of Cortaro - Marana Irrigation District's Potable Water System and negotiations with Tucson Water and Metropolitan Water District. Discussion/Action. 13 Hurvie Davis: The Town has been negotiating with Cortaro-Marana Irrigation District for a number of years, tried to bring the issue to closure, by acquiring their potable water system. They would keep the irrigation system. Presented an offer to them in December and ask if we could have a closure on this matter by the end of December. Their Board meet just recently and decided to table the matter until something further happens to give cause for reconsideration. We have a small water system of about 200 connects today, CMID has about 500 connections. Two small water systems that really are not efficient to operate, felt that by combining the two systems and tying them together would give us some efficiency, greater efficiency. Recommending that the Town accepts the matter as tabled and move on to other issues as discussed with Mr. Moore, taking over other parts of water systems in our community, and being the primary water provider for this community over all. Give staff further direction and authorization to advance negotiations with Tucson Water relative to Continental Ranch, Westinghouse, New World or any other new development that's coming on line. Mayor Harn: Asked Mr. Brad DeSpain to bring the Council up to date on some of the negotiations that the Tovm has been having with the City of Tucson. Brad DeSpain, Water Utility Advisor: Have spent not a considerable amount of time, but three different meetings with the City of Tucson. With the Mayor of Tucson, the City Manager and Water Department Head. Have had in attendance our attorney, Mr. Holub and in attendance their Council in house. Have set guidelines as the discuss has proceeded. Those items that Tucson has received as grant from developers would be transferred to the Town of Marana at no cost. We will continue to discuss those areas with them. Also have relayed to them that the type of water that we are requiring, as the Council has pointed out, that the CAP water we want will be untreated CAP water. It will be utilized through the ground water recharge district. The developers will purchase that water, which will enable the Town to maintain the static water levels that we now enjoy in the Town boundaries. We have received correspondence from the City of Tucson and they are anxious to sit down and discuss this with us. Also had a call from a pt:lvate water company today, that had approached Tucson to purchase their water company, Tucson recommended that they talk to the Town of Marana. It is not within our Town boundaries but staff will discuss that with the manager and legal counsel. Will present that to Council sometime in the future, Mayor Harn: Asked Mr. DeSpain to talk about some of the discussions that have taken place regarding wholesaling water. Brad DeSpain: The Northwest Area agreement has probably set the stage. They have done a lot of work and discussion on that wholesale water agreement. At this time it is getting fairly close to being consummated. Hugh Holub: The central issue is water quality. As things sit right now, the City of Tucson is the water utility provider for Continental Ranch and Westinghouse. Under the existing agreements, Tucson can push treated CAP water into both areas. Trying to take over the services areas and get the right to choose how we deal with CAP water. We could divert that water into the big recharge project that is being developed in Marana and provide these areas with high quality ground water. There is also a pretty sizable water service area down 14 in Continental Ranch, from a utility standard point would be very beneficial to the Town to take over that system, have the revenue that is generated from that system come to the Town instead of Tucson. Overall that would greatly strengthen the utility capability to serve the rest of the Town. There are a couple of wells in Continental Ranch and would be looking at acquiring outright those wells. With Cortaro tabling the discussions, we now have the money that was earmarked to deal with Cortaro can be used to go after acquiring those wells. At this point in time it would be very beneficial to the Town to divert its energies to Tucson, since they seem to be in a benign period of wanting to rethink their position. It's time to move, things are coming together rather nicely. Brad DeSpain: With the help of Mr. Holub, Mr. Davis wrote an excellent letter to the City Manager of the City of Tucson. He thinks it did a lot to get the issues on the table. Their staff is studying that and will have a reply to it. But as Council pointed out, they are on notice that the only way they can continue to serve within our Town boundaries is with our agreement and it cannot be used as an estoppel clause. Feels there is a window of opportunity here with the City of Tucson. There is also an excellent opportunity at Continental Ranch, because of the volume that is already there. Ed Honea: Agreed that the Continental Ranch property is where the Town should go. First, there is a lot of people there, we would be dealing with a lot of Marana citizens. Good opportunity to pick up the wells, and provide better water quality and protect those people from the possibility of getting CAP water. Brad DeSpain: Pointed out that there is a well that exists in Continental Ranch that is outside of the boundaries of Cortaro-Marana Irrigation District and Cortaro Water User's Association. The City of Tucson is using that now, we would hope that in the process that will be acquired by the Town. Ed Honea: Is that well sufficient to carry that area? Brad DeSpain: No, it is in combination with a main line they brought down Silverbcll Road to furnish it, it's on the east side of the Santa Cruz River. Ed Honea: What would the Town do to assure itself of an adequate water supply for that area? Brad DeSpain: With the agreement being worked on with Tucson, on the line they have in on SilverbelI Road would be sufficient. Ed Honea: We would take the well and wholesale part of the water also. Brad DeSpain: He would recommend to use that well for the industrial development as it is now being used on the east side of the Santa Cruz river. And wholesale from Tucson for the residential development that is going in on the other side of the Santa Cruz. Hugh Holub: The CAP system could be turned off for up to 10 years. That gives the Town ample time to develop on sight well field capacity so that at some point in time we would be completely reliant on our own well fields. We would not be ever wanting to buy treated CAP water from Tucson. We would take the share of CAP water, take it out of the canal and put in the recharge project instead. 15 Brad DeSpain: Pointed out the draft letter in the Council packet. May want to consider that letter be sent to Cortaro-Marana. It lets them know that maybe we don't understand why they took the action, but that we respect their position and we would like to work with them if we could in the future. Tom Clark: Stated that he attended the Cortaro meeting, as a private citizen. It was a four to three vote by the Association to continue negotiations while the CMID voted three to nothing unanimously to table it, and definitely. He had a gut feeling at the end of the meeting that it won't be tabled very long. Ed Honea: One advantage if we put the Cortaro project on the back burner, since there was the money in this year's budget to purchase Cortaro, it would give us sufficient funds to go and work on the Continental Ranch project, which seems more of a possibility. Especially with the City of Tucson being a little more amicable. Mayor Harn: Stated that the Town is making it quite clear to any one who is developing in the Town of Marana, that any infrastructure, water infrastructure that is put in the ground, will be dedicated to the Town of Marana. We made that quite clear to all of the people we have been dealing. Hurvie Davis: Also in relation to that, in certain cases we do not have the ability to provide that water. So Tucson Water is providing that water. The infrastructure perhaps would just be dedicated to the City of Tucson with the understanding that they turn around and dedicate it to the Town of Marana at no charge. The developer has already paid for it, and that cost has been passed on to the home buyers. Hugh Holub: We served a letter on Tucson last March that said the Town will not allow Tucson to sign up any new development inside the Town. That included New World and everything around Continental Ranch, without Council's expressed consent. From that moment one, every project has had to come to the Town. Ed Honea: We are talking about owning the infrastructure within the projects and buying wholesale water at the property line from Tucson. What's to stop us from doing that now, why would that slow down any of these projects. Why do we let Tucson take the infrastructure and have to deal with it at a later date. Hugh Holub: The assured water supply rule is part of the problem, and by April when we have our hydrology done, and GRDs in place, then we can just out right take all new developments and have them put in wells. We ser~e them directly, Tucson has nothing do to with it. We need an agreement, and also another issue is the wholesale rate. There has been a big fight going on all across the northern half of the County to set that rate. There is no agreement yet on a rate, so we can't bring that phase to a close. Mayor Harn: All of these agreements, not only in the Town of Marana, but in the City of Tucson will have to eventually go to the Mayor and Council. We might not be able to get all those agreements set in place before they are ready to develop, we are going to make sure that the IGAs we have with them stipulate that even if some project should be turned over to them, it would be a temporary process. And it would come back and be converted to the Town at no cost to the Town. Brad DeSpain: One of the problems that Mr. Moore has is realizing that Marana does not have an assured water supply at this time. Metro Water has assured water supply but it is 16 based upon a contract they have with the City of Tucson for CAP water. He things that Marana and Metro ought to serve Westinghouse, there is a big legal battle if the contract with Tucson and Westinghouse is challenged, because of the assured water supply issue. Hugh Holub: The key to this, from a position of strength is to get our own independent assured water supply. So that nothing in this Town depends upon a deal with Tucson Water. Once we get the GRD resolved and we have the hydrology proven, they we can take every new development that pops up in the Town and say we are going to serve you Tucson don't touch it. Require them to put wells on site for their developments, we will require them to join the GRD. There will be an assessment put on that water use in those new developments to do the recharge, Tucson does not have any leverage over the Town anymore. Ed Honea: Once we get the assured water supply with the study that is being done right now, that gives us an assured water supply, then we can then develop or can drill a new well. If the study says that it is an assured water supply in the area, Hugh Holub: Correct. Ed Honea: Then they dig a well and deed the whole thing to the Town. Hugh Holub: Tucson has a chunk of CAP water that they have under contract, part of which is for the benefit of Marana. They are paying an annual capital charge on that CAP water. If we knock out the rest of that service area, by taking directly, they don't recover any of that money. So now they are talking about recovering that money, for that share of CAP water and their position is if you pay for it then it's our water. Mayor Harn: When we discussed a number of years back with Tucson Water about them having our share of the CAP water, they always denied it. Hugh Holub: They actually have a number for an allocation of it. The State started raising the price of CAP water, the bill got their attention, and actually the amount of CAP water seems to increase each time we talk to them. If they have water for somebody else's jurisdiction, maybe they ought to cut the jurisdiction into the decisions that are being made. H. Mayor's Report The Mayor stated she has been attending a lot of meetings over water and bank protection. I. Manager's Report Hurvie Davis: Stated the Town had a meeting with North Point businesses relative to the Horizon Hills Drive extension and Price Club extension. Received a letter from Pima County re the Avra Valley Road bridge. The letter stated that the Avra Valley Road bridge would be designed to carry the standard truck and typical semi tractor-trailer that is common to the Interstate highway bridges. The bridge is being designed to interstate standards. Mayor Harn asked Hurvie Davis to elaborate on the Post Office situation. Hurvie Davis stated that the Cortaro Post Office has expanded. The Town has tried to get them to call it a Marana Post office because it is totally within the Marana town limits. They 17 are reluctant to do so. Received a denial from the 1st level of the Post Office Department, but will continue to take the issue further. Also pointed out to the Council that himself and the Mayor appeared on a 30 minutes television show on Cox Cable here in Tucson. Had 30 minutes to talk about Marana, has had a lot of feed back on it. X. FUTURE AGENDAITEMS XI. ADJOURi~MENT A motion was made by Tom Clark, seconded by Ed Honea and carried unanimously to adjourn. TIME: 9:50 P.M. AUDIO TAPES OF THE MEETING ARE AVAILABLE AT THE MARANA TOWN HALL CLERK'S OFFICE. 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 February 7, 1995. I further certify that a quorum was present. 18