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HomeMy WebLinkAbout06/30/2015 Special Council Meeting MinutesMARANA TOWN COUNCIL SPECIAL COUNCIL MEETING MINUTES 11 555 W. Civic Center Drive, Mar ana, Arizona 85653 Council Chambers, .Tune 30, 2015, at or after 6:00 PM Ed Honea, Mayor Jon Post, vice Mayor David Bowen, Council Member Patti Comerford, Council Member herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member SPECIAL COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 6:00 p.m. Town Clerk Bronson called roll. Council Member Ziegler was excused, Council Member McG orray participated telephonically, and Council Member Bowen arrived at the dais at 6:07 p.m. There was a quorum present prior to Council Member Bowen's arrival. PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor Ilonea, APPROVAL OF AGENDA. Motion to approve, removin Item P 1, by Vice Mayor Post, second by Council Member I(ai. Passed un an info usly 6 -0. CALL TO THE PUBLIC. Debbie Shepherd addressed Council with her concerns with the Planning Director and the Planning Commission actions regarding the Marana 59 project. PROCLAMATIONS Proclamation: August 2015 as Drowning Impact Awareness Month Ms. Bronson read the proclamation into the record. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS No reports. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS No reports. PRESENTATIONS P 1 Presentation: Relating to Recreation; presentation regarding the 33rd El Tour de Tucson (Jocelyn Bronson.) (Removed from the agenda per request by the presenters until the August 4, 2015 meeting.) CONSENT AGENDA. Motion to approve by Vice Mayor Past, second b Council Mt- iniber ICai. Prrsserl itnanimorrsly 6-0. C 1 Resolution No. 2015 -067 Relating to Utilities; approving and authorizing the Utilities Director to execute Amendment No. 1 to Resource Aggregation Contract No. 11 DSR 12215 among United States Department of Energy western Area Power Administration, Town of Marana, Arizona, Utilities Department, and Arizona Electric Power Cooperative, Inc. (John Kmiec) C 2 Resolution No. 2015 -068 Relating to Development; approving a final plat for The Estates at the Tortolita Foothills, Lots 1 -7 and Common Area "A" (Private Streets and Utilities), generally located along the south side of Moore Road between Camino De Oeste and Thornydale Road (Ryan Mahoney) C 3 Resolution No. 2015069 Relating to Real .Estate; reclassifying and designating certain Town-owned land adjacent to Ina Road immediately east of Interstate 10 as Ina Road public right-of-way (Frank Cassidy) C 4 Resolution No. 2015070 Relating to the Police Department; approving and authorizing the Chief of Police to execute a renewal of an intergovernmental agreement between the State of Arizona Department of Public Safety and the Town of Marana regarding the administration, funding and operation of the Arizona Vehicle Theft Task 11 once :For fiscal year 2016 (Lisa Shafer) C 5 Resolution No. 2015 -071 Relating to Development; approving a final replat for Saguaro Bloom Block 4 (formerly Saguaro Springs Block 4) lots 441, 477, 480, 481, 485, 486, 487, 491, 492, 513, 536, 545, 546, 549 556, 559 560, 579, 607, and Common Areas 'A' and 'B'. (Shannon Shula) C 6 Approval of April 28, 2015 Special Council Meeting Minutes and June 16, 2015 Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES BOARDS, COI'VYMISSIONS AND COMMITTEES B 1 Resolution No. 2015072 Relating to Boards, Commissions and Committees; approving the appointment of Brad DeSpain to the Marana Public Safety Personnel Retirement System local board (Jocelyn Bronson) Mayor Honca noted that he chairs this Board and that this would be a re- appointment of Mr. DeSpain to another terns. Motion to aplirove by Vice Mayor Post, second by Council Alenib e r Kai. Passed unanimously 6-0. COUNCIL ACTION A 1 Resolution No. 2015073 Relating to Administration; authorizing the Town Manager to direct staff to close the relief effort account for the victims of Hurricane Katrina established by Resolution No. 2005- 120 and to donate any funds remaining in the account (Jane Fairall). Ms. Fairall noted that about $550 remains in this account from various contributors. She asked for Council direction to distribute these proceeds and close this account. After hearing several options, the Council chose to distribute the balance of the account to the American Red Cross. Motion by Mayor Monea to rr1_7pro ve the American bees Cross as the des' 1911 rite d recir dent of the remaining proceeds, second by Vice Ma or Post. Passed unanimously 6 -0. A 2 Resolution No. 2015.074 Relating to Real Property; approving and authorizing the Mayor to execute an option and wireless Communications Facility Lease Agreement with Verizon wireless LLC for the lease of approximately 864 square feet of Town -owned property at the Town of Marana water reservoir site located at Linda Vista Boulevard and Hartman Lane (Jane Fairall). Presented by Ms. Fairall. After Council discussion, Vice Mayor Post moved to al,yiro ve, seconded by Council Member Bo jven. Passed urn an hno usly 6-0. A 3 Resolution No. 2015075 Relating to Municipal Court; approving a recruitment and selection process and a job posting, including minimum qualifications and salary range, for the position of Town Magistrate (Jane Fairall). Ms. Fairall noted that after serving as magistrate for several years, Judge Charles Davies tendered his resignation, effective July 31, 2015. She reviewed the recruitment and selection process, including qualifications and salary. Motion to approve by Council Meniber Lojven, second by Vice Mayor Post. Passed unanimously 6.0. A 4 ordinance No. 20 15.015 Relating to Utilities; changing the name of the Marana utilities Department to the Marana water Department; and making global conforming revisions to the Town Code. Presented by John Kmiec, who briefed the Council on the reason for the name change which was basically to create a stronger brand identity and avoid further confusion for citizens who assumed that "utilities" meant all utilities. Further, the original name of the department in 1997 was the Marana water Department. In 2007, the name was changed to "Utilities." This ordinance begins the process to revert back to Marana water Department. Motion to Approve by Vice Mayor Post, second by Council Men1beY Kai. Passed unanimously 6-0. A 5 Resolution No. 201.5 -076 Relating to Utilities; approving and authorizing the Mayor to execute an agreement with B.K.W. Farms, Inc. for in lieu water deliveries and storage. John Kmiec presented this as a new opportunity which recently opened up to use BKW Farm's groundwater savings facility to deliver our CAP water directly to them. He noted that this was beneficial to the town and BKW Farms. Moving forward if the agreement is approved it will yield cost savings. We will not pay a water storage fee. Currently, there is a $15/acre foot charge for deliveries to the Lower Santa Cruz recharge project. BKW will provide the town with a $12/acre foot incentive to deliver the water to their farms. Also, because water resources are lost due to evaporation and ADWR affixes an evaporation rate to what gets delivered to an recharge p g y e g projects in a year, that is subtracted from our CAP allocation and what we get credit for. Also, another term is safe harbor, and that extends to a larger area of our production wells than we would with the Lower Santa Cruz recharge project northeast of the airport. ADWR determines safe harbor or the hydrologic benefit of using renewable resources by the one mile buffer of where you use it. So when we get our CAP water delivered to Mar ana, it benefits directly around the recharge project within a one mile buffer around the single delivery point. By using the BKW groundwater savings facility permit, it benefits more of our production wells by saving more groundwater pumping in a much larger geographic area. He then went through the numbers relative to savings. The recommendation ii orn the water department are to execute an agreement for storage at their groundwater savings facility, and the town will acquire any needed permits. Motion to approve by Council Member Bowen, second by Council Member Kai. Passed unanimously 6 -0. ITEMS FOR DISCUSSIONIPOSSIBLE ACTION D 1 Relating to Utilities; Update on the Town of Marana's Water resources with discussion and possible action regarding potential water resource opportunities with Avra water Co-op. Presented by John Kmiec who began by reviewing the renewable water resource portfolio. we have another renewable resource which is the effluent from the wastewater treatment plant. This is producing j ust over 3 5 0 acre feet a year now. We have proj ections based on the building out of North Marana, and we know these projects will move and flow with the economy. Our projections go from 370 to possibly 1700 acre feet a year, and ultimately 4,000 acre feet a year. That is a renewable resource that this community generates and grows. The potential with the Co -op is an 808 acre foot of CAP Priority 3 allocation that Avra water obtained several years ago that they have not been able to use in their water service area. They are considering reallocating this water back to CAP to be allocated to another user. Currently, there is a gap between the total system demand and the renewable resources we have. we have to make up with either one -tune groundwater credits that we already have or long -term storage credits that we have been purchasing over the years. Those are not renewable resources. Mr. Kmiec indicated on a graph the current deficit situation, noting that the gap continues even though our renewable supplies are growing with the effluent. If the town is able to work with Avra water and they end their contract for their CAP allocation, then Marana can put itself in a position of having that water allocated to the town and the gap closes by having the 808 acre feet of Priority 3 water in the same scenario. There is a very short period of time where the town is banking water and banking extra credit water for the future. Overall, the town is in a good position to work with Avra Water Co -op on this. one of the things we would have to do is demonstrate that the town will geographically benefit from what Avra Water is currently using. Staff~ believes, based on the General Plan area and based on Avra Water being located in the Picture Rocks area, that we will be in a strong position to go before ADWR and demonstrate that we are a contiguous community above the aquifer where the CAP water can still benefit the region as a whole. Mr. Kmiec noted that the discussions are preliminary at this time, but he wanted Council to be aware of the potential for the reallocation process so that he could use his and his staff's time to discuss this with ADWR and CAP should the opportunity arise. This is a presentation only, but Council can provide direction for continuing discussions with Avra Water. Motion b Council Member Bowen to direct staff to continue negotiations with Avra Witter to see if we can obtain this water. Second by Council Member Comerford. Passed unanimously 6 -0. D 2 Relating to Administration; report to the Town Council pursuant to Marana Town Code Section 3-4-4 regarding an emergency purchase. Erik Montague presented a report to Council as required by the Town Code relating to the stabilization of the affected development. Morris Reyna from the Engineering department was also present. In the fall of 2014, the Public Works department, as part of their normal maintenance within The Pines development, identified some collapsing and lifting of roadways, asphalt, and supporting fiatwork. Engineering and Public Works collaborated to determine the cause. It appears there is a 25-foot pit that was filled in as part of the site preparation for the development. It further appears that although it was filled with soils, it may not have been filled with engineered and compacted soils. over time and an infiltration of water, those soils are now compacting. The group worked with the home builder to identify solutions for the public right of way and portions of the private development. A possible vendor was identified to meet the overall timelines to make the repairs before significant moisture occurs with the monsoon season. Since that season is already upon us, time is of the essence. The recommended treatment is a two -step treatment; the first step will be to treat the soils at a depth of up to 25 feet with a filler — a structural urethane product that once it goes through its process will be stabilized in the ground for some time. once that is done up to a few feet of the soil surface the second treatment will use a different product, an expanding material, that will lift portions of the sidewalk, asphalt and other sections as determined necessary. Based on the overall timeframe and the significance of the safety factors related to uneven pavement, Public Works requested that we treat this as an emergency and stabilize that as soon as we can. The estimated impact on the public right of way piece is a little over $ 100K. Tied to that will be additional stabilization work that will be by or done by and paid for separately by Richmond American f or the private portions of those properties. Public Works, working with the engineering group, has reviewed the proposals submitted for this work and determined that the approach techniques and costs are reasonable and requested that we move forward with this emergency. This is a full report and no action is required to Council. Council Member Kai asked if there was a warranty period involved when the town accepted responsibility for maintaining the streets. Mr. Montague responded that there was a warranty period. Usually, it's up to one year, but it can be longer. Council Member Kai indicated that it plight be better to wait until we know more before accepting the streets. Mr. Montague stated that the priority is to stabilize the existing condition and then see if there is any additional opportunity to cover these costs. Council Member Comerford agreed with Council Member Kai. we want to make it safe right away for our citizens, but she is concerned if this is a liability caused by the builder that we make it clear that this is not acceptable. Mr. Davidson interjected that the original builder was Standard Pacific, but that Richmond American is taking responsibility for repairs for the private portions. Mayor Honea agreed. No action is necessary. D 3 Relating to Administration; discussion, consideration and possible action regarding potential amendments to the Town Manager's Employment Agreement between the Town of Marana and Gilbert Davidson approved on July 2, 2013. Ms. Fairall noted that this item should follow the executive session, E 2. Council reconvened on the dais at 7:15 p.m. Council Member McGorray was again connected telephonically. Mayor Honea made a motion, seconded by Council Member Comerford, to give Mr. Davidson a two y ear contract as it was before, except far the dates. That includes the 100 Fours of sell back and $190,000 salary. Ms. Fairall noted that there's actually no term in the current agreement. It's got an open term; it's effective when it's approved by Council and continues in full force and effect unless it's terminated by either party. Mayor I-Ionea asked Council if there was an objection to the two-year contract. There being no further discussion, the Council voted G -0 in favor of the motion. EXECUTIVE SESSIONS 1. Executive Session pursuant to A.R.S. §38431.03 (A. )(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 2. Executive Session pursuant to A.R.S. §38-431.03 (A)(l) to discuss and evaluate the performance of Town Manager Gilbert Davidson. Motion to go into executive session at 6:45 p.m. by Council 1' tpniber Bowen, second by Vice Mayor Post. Passed unanimousl 6-0. FUTURE AGENDA ITEMS ADJOURNMENT. Ul)on motion by Vice Mayor fast, second by Council Mevnibcr Bowen, the meeting adjourned at 6:17 p. m. Passed unanimously 0 -0. CERTIFICATION. I hereby certify that the foregoing are the true and correct minutes of the public session of the Special Council Meeting held on June 30, 2015. I further certify that a quorum was present. f � qol � y - n C. Br nson, Town Clerk �'1 -o ,