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HomeMy WebLinkAbout08/16/1994 Regular Council Meeting MinutesPLACE AND DATE: Marana Town Hall, August 16, 1994. !. CALL TO ORDER By Mayor Ora M. Ham. Time: 7:07 P.M. PLEDGE OF ALLEGIANCE Led by Mayor Ora M Harn. INVOCATION Led by Mayor Ora M. Ham. ~.ROLLCALL COUNCIL Ora M. Harn Mayor Sharon Pdce Vice Mayor, Ardved 7:36 P.M. Tom Clark Council Member Ed Honea Council Member Herb Kal Council Member Betty Hordgan Council Member Helen Key Council Member, Excused STAFF: Hurvie Davis Sandra L. Groseclose Dan Hochuli Gerald Flannery Mick Mathieu Mamia King Town Manager Town Clerk Town Attomey Planning Administrator Town Engineer Volunteer Manager Assistant 17 members of the Public. V. APPROVAL OF AGENDA. A motion was made by Ed Honea, seconded by Betty Horrigan and carded unanimously to approve the agenda as presented with the change that General Order of Business Item X-A follow X-K, and X-I to follow X-B. VI. ACCEPTANCE OF MINUTES None. VII. PETITIONS AND COMMENTS. None. VIII. NN CEMENT . A. Marana Founders Day Mayor Ora Ham noted that the second Saturday in November is Founders Day. Founders Day Committee. She invited the public to join the ~B. Introduction of Jana Sterner. Public Works. Town Manager Hurvie Davis introduced new Public Works employees, Jana Sterner, Dennis Dolon, George Pesina, Larry Beasle and Israel Villa. 0F cuLAa CovNc L 4EETinC MARANA TOWN COUNCIL AUGUST 16, 1994 IX. STAFF REPORTS. [On file at the Marana Town Hall.] Betty Horrigan noted that the reports have been well done lately. Hurvie Davis noted that the Building Official's report is different at his request. A motion was made by Betty Horrigan, seconded by Tom Clark and carried unanimously to accept the (Staff) reports. ~. GENERAL ORDER OF BUSINESS A. Executive Session - Pursuant To A.R.S Section 38-431.03(A~!4} For Discussion And Consultation With The Town Attorney, To Consider Its Position And Instruct Its Attorney Reoardln_~ Marana's Position In Tax Cases. (1) Marana V. Lil' Abner's Steakhouse. (2~ Marana V. CentHc-Jones Comoanv. [Follows Item X-K] A motion was made by Tom Clark, seconded by Sharon Price and carried unanimously to enter into Executive Session - Pursuant To A.R.S Section 38-431.03(A)(4) For Discussion And Consultation With The Town Attorney, To Consider Its Position And Instruct Its Attorney Regarding Marana's Position In Tax Cases, (1) Marana V. Lil' Abner's Steakhouse, (2) MaranaV. Centric-Jones Company. Time: 10:08 P.M. Retum from Executive Session. All Council Members present except for Helen Key. Time: 10:35 P.M. B. Santa Cruz River ReolenishmentJRecham_e Prelect ~ Status Of The Pro_iect To Recham_e Water Alon_o Toe Lower Santa Cruz River. Mark Meyers With Metro Water And Sharon Meudal With Pima County Will Be In Attendance To Assist In The Status Report Hurvie Davis addressed the Council, stated his enthusiasm for the project, and introduced Brad DeSpain as the new Utility Director. He also noted Hugh Holub (Marana Water Attorney), Sharon Megdal of Pima County and Mark Meyers of Metro Water. Sharon Megdall, Pima County: She stated that she is a consultant to Pima County Flood Control District and has been on the project since April. She gave a status report on the project and then suggested that the Council make a Resolution of support for the further study and development of the program. Mayor Ham asked about right-of-way leases from landowners in the flood control area and if a value could be set. Sharon Megdall answered that local matches need to be determined. Also, further right-of-way analysis needs to be done. Past studies cannot be used. Ed Honea asked about hydrology study money. Hurvie Davis said that about $40,000 had been set aside. Ed Honea noted that certain areas near the river are prone to flooding fi.om overflow. Sharon Megdall stated that the flood problem will be included in a feasibility study. Vice Mayor Sharon Price arrived. Time: 7:36 P.M. Herb Kal stated that he liked the project, but he would also like the project to extend all the way to the PinaI-Pima County line. Sharon Megdall answered that it is possible to obtain funding for such an extension. Herb Kal expressed a concern for water quality and the effects of the project on wells and effluent. Sharon Megdall stated that water quality will be examined. Hurvie Davis stated that the project is an exciting one and the Town of Marana will be a continuing part of it. Brad DeSpain: He spoke on the suggested Resolution, stated he wanted to get it to the Council soon. Dave Smutzer, Pima County Flood Control District: He noted that single-purpose projects cannot be done anymore. A motion was made by Herb Kal, seconded by Betty Horrigan and carried unanimously to approve a Resolution of Support for the Northwest Tucson Replenishment Program. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL AUGUST 16, 1994 Neuotiations Between The Town Of Marena And Tucson Water ;Ci~ Of Tucson} Reuardin_u Water Service Delivery_ In The Town - The Marana Town Council Will Be Discussin_o A Draft Interoovernmental Aureement Between Marana And Tucson Water Which Would Allow Tucson Water To Provide Service Within Marana Town Limit~. Hurvie Davis addressed the Council, gave an update of the situation and explained the intergovemmental agreement. Hugh Holub, Water Council: he further explained the situation and discussed it with the Council. _D. Whiteco Metrocom Of Plannina Commission's Decision - File ~/94-0501 - Aoolicant Whiteco Metrocom Ho. Annealed The Decision Of The Plannina Commission Den¥ina Their Aonlicatlon For A Billboard Twent7 Four Hundred Feet North Of Orenae Grove Road At Intemtats 10. Planning Administrator Gerald Flanne~y gave an overview, stated that the main reason for denying Whiteco's application was a safety issue of the billboard being too close to overhead power lines. Also, the Sign Code prohibited billboards. Marv Kirchler, Vice President of Whiteco Metmcom: He introduced Dean Olafson, VVhiteco President. Mr. Kimhler argued that when a sign is close to power lines, VVhiteco works with the electdc company to shield the lines. With a 40- foot move, the sign would beat a safe distance from the lines. Herb Kal asked if there was verification that the move would make the sign mom safe. Dean Olafson, Whiteco General Manager: He explained the sign move. Gerald Flannery stated that because the location that VVhiteco wants to move the sign to does not have a nonconforming use, the sign must be denied by Sign Code law. Mayor Harn suggested that Mr. Flannery advise the Council on what it can do if the Council decides to approve of the sign. Gerald Flannery stated that changing the Sign Code to allow the Whiteco vadance is more of a legal issue. Town Attorney Dan Hochuli stated that this case is a vadance issue. The Council can grant a variance. He clarified that Mr. Flannery is not recommending denial of the variance, but tether that by law (the Sign Code), he cannot go against the Code. The Council can pass the vadance in accordance with a letter of approval or requirements of the Planning Administrator. Mayor Harn expressed a concem that granting the variance to move the sign could set a precedent and cause a future applicant to cite the precedent and force the Council into an approval. Dan Hochuli said that the vadance would be for a particular set of cimumstances relating to VVhiteco's sign and not be on grounds that cover any and all signs, so there would not be any precedent. Tom Clark asked whether Whiteco could demonstrete that the move is indeed for safety masons and not just for cosmetic or commercial reasons. Ed Honea asked if Mr. Flannery had a problem with the sign being moved. Gerald Flannery answered that he did not. Dan Hochuli suggested that the motion be amended to include that the vadance be grented with any conditions set forth by the Planning Administrator now or in the futura. A motion was made by Ed Honea, seconded by Tom Clark and carried unanimously to grent the variance for the Whiteco sign and that they work closely with the Planning and Zoning Administrator to see that all things am done in compliance with Town codes now or in the future. Preliminary Plat AeDroval - Final Plat For Quail Park. Lots 1-30. A.k.a. Parcel 52D Continental Ranch. This ProDen'v Is Located In A Portion Of Section 34. Townshio 12 South. Range '12 East. Which Is Located Near The Northwest Corner Of Cortaro Road And Silverbell Road. Gerald Flannery gave a summary, stated that all plans have been approved and Staff and the Planning Commission recommended approval, A motion was made by Ed Honea, seconded by Betty Horrigan and carried unanimously to approve the Resolution 94- 22 approving the final plat of Parcel 52D. F. Resolution 94-21 - File #94-2305 - Applicant Richmond American Homes Is Reeuesting Plat AD,royal For Parcel 51 In The Continental Ranch Snecific Plan. The Planning Commission Recommended A~oroval Of The Preliminary Plat. A Public Hearing Was Held B_v The Town Council On July 19. 1994. And The Town Council Voted To Reeuest Staff To Prenare This Resolution For Passaee. The Council Addressed This Item On Au_oust 2. 19_94, And Due To Some Confusion Reeardin= Who Will Pay For A Curb-Cut On Silverbell Road. Asked That Staff Work With The Develoner And To Brine It Back At The August 16. 1994. Meetine. Gerald Flannery stated that Staff had no problem with the changes to Resolution 94-21. John Wood, WLB Group: He stated that work would be done in conjunction with the subdivision improvements. A motion was made by Ed Honea, seconded by Herb Kal and carded unanimously to approve Resolution 94-21. Recess. Time: 9:15 P.M. Back in session. All Council Members present except for Helen Key. Time: 9:36. Statewide Gang Task Force - The Marana Police Deoartment Is Re=uestine Council Anproval Of Resolution 94-20 Which Would Allow Marana's Particination In The Statewide Gan= Task Force. The Gan= Task Force Will Be A Multi-Agency. Non-Jurisdictional. Unified Law Enforcement Approach Intended To Significantly Imoact On Gan? Related Activities. Marana Chief of Police Dave Smith: He gave a summary of the Task Force. Sharon Price expressed her concern for what will happen to gang members when they are apprehended. Dan Hochuli suggested that the Town follow up on what the Courts are doing with the gang members. A motion was made by Herb Kal, seconded by Ed Honea and carded unanimously to approve Resolution 94-20. _H. Taggine {Greffiti} In The Town Limits - Tapainn In The Town Limits Of Marena Is Becoming More Visible And The Council Will Discuss The Problem And Possible Solutions And Communi~ Involvement. Town Clerk Sandra Groseclose stated that Ed Honea asked for this item to be on the agenda. Ed Honea explained what tagging incidents he had seen around town and in Continental Ranch. He suggested that the Council could pass an Ordinance that gave a penalty of community servica or a fine for those caught tagging. Dave Smith stated that the local Magistrate Court can handle tagging cases. Ed Honea asked if there was anything specific that the Town could do to set penalties. Dan Hochuli stated that Marana's options are limited, that usually the juvenile cases are handled by the State Juvenile Court. Mayor Harn stated that she talked with Ed Honea and suggested that there be some kind of reward for information leading to the apprehension of taggera. Dave Smith stated that there already is a reward system in place, 88-CRIME. The Town should just make that option available to the public. J. Santa Cruz River Flood Control Pro_iect - Impact Of Action Taken On August 8. 1994. By The Pima County Board Of Suoervisors On Funding And Schedule For The Flood Control Pro_iect. Marana Town Council Will Discuss The Impact On Me,pa By The County's Action. [FOLLOWS ITEM X-B] Hurvie Davis noted that the Pima County Board of Supervisors Meeting on the Flood Control Project was confusing. [BEGIN TRANSCRIPT] MARANA TOWN COUNCIL Dave Smutzer, Pima County Flood Control District: Madam Mayor, members of the Council, as I was navigating the frontage read coming in to the meeting tonight, I was thinking to myself, there was only one thing worse than coming to the Town Council and giving you information on the latest schedule the lower Santa Cruz, and that's coming over hera when it's raining and telling you what that information is. You don't have to order the rain to demonstrate your need to have the levee project. I fully understand your need from what happened in 1983. What happened two weeks ago at the Board of Supervisors meeting is somewhat confusing, but I don't think the impact is as bad as perhaps everyone may believe, it's kind of a good news - bad news scenario. Same as when I was here June 21 [1994], giving you some good news and bad news on the Avra Valley Road bddge. The good news is that it will help, I think, bolster the need for the levee project, on the other hand I think it delays the construction, as I told you on June 21, it would be delayed till the Summer of 1996. I don't believe what happened two weeks ago will delay that start date and my reason for that is as follows: what the Board did is they basically cut the flood distdct budget by $1.9 million dollars, it wasn't very clear in the newspaper what they did. Thera was a total reduction of 1.9 million. Of that one million comes from our capital improvement program, of which one of those projects that was targeted was $200,000 from the district's levying money, that was programmed to continue the design of the Lower Santa Cruz River Project this fiscal year. That $200,000 was part of the $1.9 million that was reduced. So, what we have left for the Lower Santa Cruz River Levee Project this year is we have an existing intergovernmental agreement with the Adzona Department of Water Resources which is the agreement of the one million dollars state appropriation that the Town was successful in having the Legislature approve several years ago. I've been holding that one million dollars in basically in the bank, it I can use that term, to basically use that for construction and that would use the flood control distdct levee money -- your tax money - that we collect locally to do the design work and to do all the legal descriptions and all the preliminary work we've been doing to date. But, since that money is no longer available this fiscal year, I will tap into that $400,000 that we have programmed this fiscal year from that IGA that we can continue the design. So even though the $200,000 was removed this fiscal year, there still is money available in our budget using the State money to continue the design. And that's what we're planning on doing. So, I don't believe it will delay the schedule at all. Mayor Harn: Any questions before Mr. Smutzer closes... Hurvie Davis: Madam Mayor, for cladficafion on that, would not delay the design but $200,000 is taken away, ultimately from construction, dght? Dave Smutzer: That, that's a good point that Mr. Davis brought up. Obviously that's $200,000 less of the State money that we have in the bank to use for construction and what that means is we'll have to make sure that when we prepare the budget for the fiscal year to begin construction, that we make sure we make up that difference. And that's something we'll obviously have to do anyways to be able to have the money to be able to start the construction of the project. The way we are, we are planning it dght now is that the construction will probably start in the Summer of '96, and the exact date is still unclear at this point. It could be early in the Summer of '96, which means it will be in next year's fiscal budget, and from my perspective I just as soon move it up for two reasons. Number one, it gives me two fiscal years to program levee money in so I can cover the costs of construction over two years, so it's not one big hit in one fiscal year. And the other reason is obviously we would like to start construction before the rainy season starts, so my desire is to actually start before the Summer of '96 whether or not physically we can do that because of the process we have to go through with the Arizona Department of Transportation who is reviewing the Avra Valley Road Bridge plans. That is what's going to dictate when we'll start the construction of the levee project. At this point, we're still talking the Summer of '96. The construction period we're anticipating is still about six months, it won't be that long a construction project to build the levee, and once we get going it will happen rather quickly. Just to recap what I went over in June 21 ... Mayor Ham: One more question, Mr. Smutzer. If are, are we saying all the studies and the design will be completed by the Summer of '96? Dave Smut:zer: No. Well, yes I am. That's true. I'm saying is that the studies will be done before then and we should start construction before the Summer of '96. I'm saying start of construction... Mayor Ham: You're having all the designs and studies and all completed by the Summer of '96. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL AUGUST 16, 1994 Dave Smulzer: Yes. Our intention is it will be out to bid... Mayor Ham: All on Duper... Dave Smulzer: I know, last time I was here, you said you were going to put it in the vault, and I know you're doing that. I know you're doing that. And you could probably go back and check what I said last time, that I should have said that start of construction was in Summer of '96. The reason we're still in the design phase at this point is because of the realignment of the levee caused by the replacement of Avra Valley Road Bridge. As, just to recap, what I mentioned before is there was a state apprepdation this past legislative session of $1.25 million dollars to replace Avra Valley Road Bridge of which Pima County must match that for a total of $2.5 million dollars. The plan is then to replace that bridge that's out there right now, putting in a new bddge a little bit further downstream then the current alignment. The bridge will be around 700 feet in length, much longer than the current bridge that's out there right now. What that does is it will pull in the old alignment, the alignment that we prepared the legal descriptions for is all on this line here, the legal descriptions that you went out and met with all the individual property owners, now the alignment we're looking at now is pulling it closer to the river, therefore what it's doing is it's confining the dver, making it a little bit narrower than what the old alignment used to have. And what we're in the process of doing is we've analyzed what impact that has on the flooding and the primary reason for that is twofold, number one is we want to make sure we can't worsen the flooding impacts on the opposite sides of the south bank, within acceptable limits that are allowed by the State and Federal cdteda, and second is the concern of what impacts that will have on the Bureau of Reclamation's siphon outlet. They have been withholding our final agreement on that cooperative agreement for the $2.4 million dollars, they want to determine whether or not by moving in this alignment is it going to require them to do additional mitigation that would require them to take away some of that money for that mitigation. We have not heard a response back from them at this point. But once we do, if they feel it's going to cost a lot of money for them to mitigate that, we'll have to make a decision whether or now we will want to go back to the old alignment right areund the vicinity of the CAP siphon itself. We'd only have a localized impact. We'd prefer to keep the levee alignment very narrow though this region for a couple of other reasons, if avoids having to impact the same ID canals which was, cast about three to four hundred thousand dollars to repair or replace those, there's also several active wells that are, that would be impacted under the old alignment avoiding those would save us some money. So, we feel that overall, there's probably a long-term benefit by moving in the alignment and we feel we have the time to be able accomplish that design because of the schedule for the Avra Valley Road Bridge. Mayor Harn: OK. Any questions. Councilman Kal. Herb Kal: I just have two comments. You mentioned CMID. They have a siphon that's undemeath the Santa Cruz River and I think that that should be looked into. Either narrowing the channel, how it's going to impact that siphon. That siphon has been there for forty some years. And I think what, narrowing the alignment, that satisfies Mrs. Beard, is that, that's always been a concern for her and, and the impact on her property. Dave Smut/er: Here's Mrs. Beard's residences dght here. Under the old alignment, we would have to purchase her property now, moving the alignment closer to the dver, we can avoid purchasing Mrs. Beard. But she has been opposed to us purchasing her property. Herb Kal: It looks like Calmat would be happier too... Dave Smutzer: yes, definitely they would be as well. The, one of the downsides to this is we currently had a 404 permit that expires this December, obviously we're not going to start construction, we'll have to go through the entire 404 permitting process again. As a result, some channel excavation we'll have to do around the new bridge. That's why it's important, I think, for the replenishment project that we use the mitigation that's going to be developed under the replenishment project to act as our mitigation as part of the section 404 permit for the levee project and for the bddge. Mayor Harn: Any other questions. Mr. Smutzer, does then the County will prepare new deeds or leases for the new alignment? Dave Smutzer: Madam Mayor, that's correct. Once... MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL AUGUST 16, 1994 Mayor Harn:... All those good people... Dave Smutzer: Yes. You will. Sorry about that. Mayor Harn: All dght. I'd visit it three times it I thought it would get this project off the ground. But I do think we could get back to the, and have a lot of happier campers with the new alignment if it's a possibility. Any other questions. Headng none, Mr. Davis... [END TRANSCRIPT] Herb Kal asked about the rerouting of traffic and the weight restriction to Avra Valley Road. Mr. Smutzer stated that there are certain weight restrictions to the bddge. As a matter of safety, the weight restriction should stay. Lea_oue Of Cities And Towns Festival Of Towns - The Town Is Invited To Participate In The Festival Of Cities And Towns October 19. 1994. At Embassy Suites Resort In Scottsdale. This Event Provides Cities And Towns An O0oortunity To Show Other Deleeates Pride In Their Community. The Council Will Discuss Ma~na'~ Participatior!. Mayor Ham stated her support and asked for the Council's support. Amendments To The Marana Personnel Policy - Discussion Of An Amendment To The Town Personnel Policy Im01ementino A Family And Medical Leave Policy. Hurvie Davis introduced the Item. Marcia King, Assistant to the Town Manager: She explained the amendment and the reason for it, stating that the amendment is in response to the law. The Town has little choice. L:. Mayor's Report. None. Xl. Town Manaoer's Reoort. Written report. Xl~l. ~E AGENDA ITEM_~ A. Wei_oht Limit On Silverbell Road. Ed Honea suggested that the weight limit of vehicles that can use Silverbell Road be discussed. Xll~l. ~MENT A motion was made by Ed Honea, seconded by Betty Horrigan and carded unanimously to adjourn. Time: 10:40 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 August 16, 1994. I further certity that a quorum was present. AUGUST16,1994 H:WIINUTES\COUNCIL\1994.MIN\08-16-94.min Prepared by Colin L. Miller, 8/28/94 Meeting length: 3.50 hrs. Type is Arial, 9.5 point.