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HomeMy WebLinkAbout08/14/2007 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 14,2007 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 6:00 p.m. COUNCIL Ed Honea Mayor Present Herb Kai Vice Mayor Present Russell Clanagan Council Member Present Patti Comerford Council Member Excused Tim Escobedo Council Member Present Carol McGorray Council Member Present Roxanne Ziegler Council Member Present STAFF Mike Reuwsaat Town Manager Present Gilbert Davidson Deputy Town Manager Present Assistant Town Manager Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. C. APPROVAL OF AGENDA Upon motion by Council Member Escobedo, seconded by Vice Mayor Kai, the agenda was unanimously approved. D. CALL TO THE PUBLIC E. PRESENTATIONS 1. Presentation relating to Annexations (Kevin Kish) Mr. Kish addressed Council and stated currently the town is processing two annexations. The Pima Farms annexation was presented to Council at the March 6, 2007 meeting. This property is located south of Pima Farms Road east of 1-10. The applicant is proposing to annex the property and then create an industrial development. The second pending annexation is the Trico Marana annexation which is approximately 1,550 acres located east of Trico, north of Trico Marana and south of Hardin Road. This was discussed at the Council meetings of July 17 th and 24 1h . The public hearing is scheduled for 1h August 24 . Staff has been contacted by a mining company that is looking at approximately 178 acres which is outside of the town boundaries currently. They are looking at potential surface mining. They would need to annex the MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 14,2007 178 acres of the project area into the town for us to consider moving forward with any project in that area. There is also Avra Valley annexation which north of Avra Valley Road, east of Trico Road. They are working on an economic development analysis. Additional annexations that have had preliminary discussions are Avra Valley Road/1-10. It is at the Avra Valley interchange on the south side. The applicant had previously withdrawn and was pursuing development within Pima County. They have since contacted us to start preliminary discussions. The original concept was a commercial/industrial development. With the Twin Peaks interchange there is the area known as the bow tie. Once the interchange gets underway or shortly after there will probably be a proposal to Council for further direction on moving forward to eliminate that county island and bringing that into the town's jurisdiction by an annexation. There are two other county islands areas; Happy Acres which is south of Avra Valley, east of Airline Road and La Porta del Norte area that will be looked into bringing into the town to try and get rid of some of the county islands. Council Member Escobedo asked in reference to the county islands, what about Rillito and Arizona Portland Cement. Mr. Kish stated we would need to look at that whole area to see what might be feasible in terms of annexation, how the property owners feel and whether they want to move forward in partnership with us or not. Mr. Reuwsaat stated in Happy Acres there are people in the neighborhood that want to be in annexation process. It will need to be community driven. Mayor Honea stated the biggest islands in the town are the communities of Rillito, Happy Acres, Jackson Flatts and La Porta del Norte. He stated he would like to see Rillito in the town, but the problem was the citizens in Rillito didn't want to be in the town. The people in Happy Acres were split pretty evenly, but not enough to follow through. If we do La Porta del Norte so the middle school can be built then it is in the town and it makes it an easier process since that's between Avra Valley and Continental Ranch. We could do La Porta del Norte and Happy Acres at the same time since that is a piece there by itself. Jack Neubeck addressed Council and stated they are representing an owner of approximately 120 acres which is east of Trico Road. They have been in discussion for a year and a half with the town the possibility of annexing. They had an economic analysis done. The sales tax that would be generated annually on the 120 acres would be with the lease tax a total of 354,960. Over the 2,240 acres that would be approximately seven million dollars yearly in sales and lease tax. The impact fees would be 1,323,000. The construction sales tax would be 1,569,000. The construction sales tax would be over 30 million on the entire parcel. They have agreed to do improvements to the 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 14, 2007 town's water system at great expense of approximately $750,000. They would like to donate an acre of the 120 acres to the town for fire and/or police annex. He stated there are about 14 property owners in this annexation. Mr. Reuwsaat stated this area is way out, nothing close to it, no infrastructure. It is a residential development with a little bit of retail. He stated when we are trying to stay close to existing development where the utilities are etc. that the manager's recommendation at this point in time is not to proceed with this. From a resource standpoint in terms of how we are going to be able to manage our resources over the long run it is not an area he believes is ripe. He stated there are thousands of acres between that and where we currently have any existing development. Mr. Neubeck stated that the town was having difficulties with the state land around the airport. He stated this land is ripe for development and you don't have to deal with the state trust to get. It is fee simple land. He stated if the airport is going to be developed and want to have ancillary uses around the airport he thinks this is an appropriate annexation to pursue. He stated his client is willing to improve the infrastructure. He stated if there was development then it would promote getting the sewer built quicker. 2. Presentation on the Uptown at Marana Specific Plan (Paul Popelka) Mr. Popelka addressed Council and stated this is located along Marana Road, west of 1-10. It is a 205 acre property. This is primarily a commercial project, but it is a mix of different types of commercial and different types of residential. The eastern area is an auto oriented, larger scale commercial area. To the south is some additional commercial related to the regional development, some neighborhood commercial in the center. The southwest area is intended for mixed use. The mixed use includes multi-family or apartment uses. The higher density includes different kinds of housing types. The northwest part of the project is intended for a lower scale low to medium density residential. Jordan Rose with Rose Law Group addressed Council on behalf of J.F. Companies with additional representatives from the engineering and architectural firm. She stated 117 out of 188 acres are commercial, 67 residential and 21 percent of the residential is open space. There are four and half miles of trails that connect the residential and retail. They want it to be a walk able urban neighborhood. The idea is to offer a variety of housing types. They have 29 acres of mixed use and 8 acres of neighborhood commercial. They have a fitness trail that goes around the perimeter of the site and a variety of trails so every residence is within a short distance of a trail where they can then walk to the amenities. The developer will be required to do regional improvements and Sanders Road to four lanes and Marana Road to six lanes. She stated the commercial will develop prior to the residential. The main commercial is separated from the single family. 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 14,2007 Upon motion by Council Member McGorray, seconded by Council Member Ziegler, that the proposed Specific Plan and Development Agreement be scheduled for Council consideration at a Public Hearing at a future meeting was unanimously approved. 3. Presentation ' by the Organizational Culture and Values Committee (OCVC) on the Employee Core Values and Code of Ethics (Josh Wright) Mr. Wright addressed Council and stated the goals of the OCVC was to develop a set of core values based on employee input and to work with those values and create a statement of ethics or a code that went along with those values. They developed a survey for the employees, basically a list of a number of value type statements. There were 50 to 100 general type statements and the employees were asked to rank them. They received 226 surveys back. After analysis they used the top ten values. The committee is comprised of members of every department in the town. They came up with an acronym of ethics; excellence, teamwork, honesty, integrity, community and service. They developed in a committee a set statement for each value. The first is excellence. Marana prides itself on being an example of excellence. We strive to maintain the highest morale principals and values to ensure the public trust and our commitment to respond to their needs. Teamwork; we work together toward common goals building on each others strengths. Honesty; we are sincere and truthful in our interaction with the general public and with each other. Integrity; we place the public's welfare above all other interests and recognize that the chief function of government is to assist all of its citizens fairly. Community; we will partner with our citizens to make Marana a great place to live, work and play. Service; we will display courtesy, respect and responsiveness when meeting the community's needs. They are working on doing some marketing with this. They have developed some placards indicating the values that can be placed in employee work areas. They have relayed the results back to employees and gotten back positive feedback. 4. Presentation relating to Storm Water; update to the revised Town of Marana Storm Water Management Program (Barbara Johnson) Ms. Johnson addressed Council and introduced Corby Lust. Ms. Lust addressed Council regarding some of the changes made to the storm water management program in response to an audit in May, 2006. The formal name is Arizona Pollutant Discharge Elimination System and it is administered by the Arizona Department of Environmental Quality. It is a federal program. The town is a designated, regulated small municipal separate storm sewer system. We have to implement the stonn water program as part of a general permit requirement. The first draft was sent to ADQ in March, 2003. They received comments back from ADQ in 2005 and sent 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 14,2007 them another draft in October, 2005. Council adopted the original plan in 2006. In May, 2006 the EPA along with ADQ came to the town to evaluate our program and how we were meeting the requirements of the program. In September, 2006, recommendations from the EPA were received with how we can improve our program. There are six minimum control measures they look at; public outreach and education, public involvement and participation, elicit discharge, detection and elimination, construction site runoff, post construction, storm water controls, pollution prevention, and good housekeeping for municipal operations. One of the recommendations for public outreach was to provide a little more general information so that if we were to be re-evaluated that we would not be violating the permit if the brochures were not in specific locations. For public involvement and participation they originally put in the adopt a neighborhood program which wasn't met with a lot of success and they replaced that with the adopt a wash program which they coordinate with the operations and maintenance department. On elicit discharge and elimination they had originally put in spills as an allowable discharge into our streets, washes, etc and that was a potential permit violation so that was removed. For construction site runoff, one of the things was how we were going to be inspecting our construction sites for compliance with the construction general permit which is another piece of this program. They committed to inspecting each construction site during its active period at least once. For post construction site, storin water runoff there were no major modifications and no recommendations. For pollution prevention, good housekeeping for municipal operations they updated the training program that we offer for our employees and provided some additional information in that area. They will be bringing the plan back September 4 1h for adoption. They also will be presenting at that time a presentation of the storm water ordinance which is currently in the legal department for review. 5. Presentation relating to Floodplain Management; FEMA policy regarding accreditation of levees and the resulting floodplain determinations behind them (Keith Brann) Mr. Brann addressed Council and stated they received a letter from FEMA (Federal Emergency Management Agency) regarding the status of what they consider levees in the town. N"en the town thinks of a levee we think of the Santa Cruz levee, the lower Santa Cruz levee which extends from south of Avra Valley Road up to Sanders Road. That levee was constructed by Pima County Flood Control District. It was constructed per levee requirements. Pima County obtained a LOMAR for that levee. The town obtained a subsequent LOMAR and just recently a developer also did an increased study on the effects of that levee. That levee removed essentially most of the northwestern Marana from the Pima Flood Plain where the source of the flooding with the Santa Cruz River. LOMAR (Letter of map revision) is a process by which anyone can petition FEMA to revise the FIRM (flood information rate map) which is what tells people whether they are in a flood 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 14,2007 plain which requires the purchase of flood insurance. FEMA has identified the areas in the country where the risk is high enough that they require flood insurance for any mortgage that is from a federally regulated lending institution. The PAL letter (Provisionally Accredited Levee) is where FEMA has identified features that they think act like levees therefore, the flood rate maps from the past decades have utilized these features to provide protection to people and show that they are not in a high risk flood plain. FEMA has taken the stance in the wake of Hurricane Katrina to say that nothing is a levee until it has been constructed to levee standards and maintained as a levee. What FEMA intends to do is remap the entire country based on this policy. If a feature was not constructed like a levee or maintained they will take out any protection that levee provides. In general, levees require three foot of freeboard above calculated water surface elevations. They must be constructed with sound engineering principals. They have to be armored. General fill is not a levee standard. They have to have internal drainage devices and resistance to seepage. Openings in levees must be able to be closed and any water trapped behind the levy must be able to be drained out or pumped out which is also part of the problems with Hurricane Katrina. FEMA requires regular maintenance of these facilities and it has to be done per an adopted maintenance plan. As far as these requirements go only items that were constructed as levees can generally meet these requirements. In the PAL letter the town received from FEMA they identified several features that they consider acting as levees that they want us to show that they are actually levees. Mr. Braunn discussed the contents of this letter. We had flood insurance rate maps that came out in 1999 that generated most of our flood plain for the town. Since then we have had several letters of map revision, mainly the lower Santa Cruz levee. If this policy of FEMA comes through they will take away the protection and the letters of map revisions that the developments have gained and they would remap it back into the flood plain where it was. As FEMA moves towards requiring accreditation and then de- accrediting features that cannot meet what the impact to the town will be the area between the CAP canal and I-10 essentially will be zoned as a zone A flood plain possibly even some zone AE. Zone A is an indeterminate flood plain. FEMA says you're in one and we don't know what it is and it is up to municipalities and further studies to further define it. AE flood plain is for a river flood plain which is the Santa Cruz flood plain. That type of flood plain has base flood elevations from the water surfaces given. New developments will no longer be able to use the CAP canal as a means of securing a letter of map revision. The zone A flood plain could extend and likely will extend beyond I- 10. FEMA has not given the town the maps to actually show what is going to happen. They say they will give them to us by September 201h . There are flood insurance implications for people who are pulled back into the flood plain and who have a federally regulated mortgage lending company. Currently, anyone who is in a zone X flood plain and has no claims for flood can secure $200,000 of home protection and $80,000 of contents, preferred rate means you're in zone X when you renew your policy and you have no claims. The next step is zone X flood insurance where you have had claims 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 14, 2007 against the policy or you are no longer in zone X, but you've built in zone X. The indeterminate polices that FEMA has are the zone A. Zone A has no water surface elevations. The municipality, the town, can determine those elevations and we would do that through drainage reports from the developments. We could regulate that way and we could.certify through engineers giving elevation certificates. We could then secure people the best insurance they could get. By October 181h communities must supply FEMA with the PAL agreement saying that yes, we have a levee and we know it is a levee and we don't have all our information together, but we will get it to you. As part of that information they are looking for is the engineering. You have to have your maintenance plan adopted and show maintenance records for that feature. If you think you have a levee and know you have some deficiencies in it you can work with FEMA to get a year to make those improvements. At the end of two years FEMA will remap everything. If you cannot make those benchmarks then FEMA remaps within one year. We are going to provide FEMA information to accredit the lower Santa Cruz levee through Pima County Regional Flood Control District and they are going to provide FEMA information to show that Continental Ranch is not behind a levee. They are looking at corrective measures to pull area out of the flood plain. They have discussed with different developers and their engineers producing a new hydrological model of the Tortolita Fan possibly to show increased attenuation on the Tortolia Fan which would reduce the amount of flows possibly below a level where FEMA is no longer concerned. If that is not possible any further design or major project we do is still going to need a hydrological model that is up to date. We will likely need some up stream protection of the CAP canal to create a new levee or an impoundment basin to catch the water and then release it in a controlled manner and gain a letter of map revision that way. Either of those changes will require a large scale project, significant amount of funding and coordination with stakeholders. Also, it would need the coordination of state land as they are what is up stream of the CAP Bureau of Land Reclamation right of way. We will also likely need a well-defined channelization system to convey water throughout northwest Marana. Marana Road, Hardin Road and then the Range Line are likely candidates. We would need to do a full scale drainage study of the entire northwest. Council Member McGorray stated with some of the federal entities involved if they were all going to have to go through the town and referred to the CAP canal. Mr. Brann stated the CAP canal was constructed as a project by the BOR. It is not a structure. They are not concerned with their facility providing flood mitigation. He stated the BOR is not willing to take on the liability of providing flood protection. Mr. Reuwsaat stated it would be appropriate at next Council meeting to bring a resolution requesting reconsideration or help from the federal side in 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 14, 2007 addressing this issue. San Lucas, Amole Circle, and Adonis residents are facing significant increase in their flood insurance. He stated staff has registered their concerns on this issue. Council Member Ziegler stated she could like to see numbers on what this would cost. Council Member Clanagan asked if the developers had been informed and of the financial impact of this. Mr. Brann stated he notified the master developer and the homebuilders within San Lucas after we received the PAL letter. Vice Mayor Kai asked to get some consultants to get the letter of map revision done. Mr. Reuwsaat stated we are working with one hydrologist who is doing most of the mapping and trying to work on an overall solution. Council Member Escobedo asked about other developers such as Saguaro Springs. He mentioned Berry Acres map revision. Mr. Brann stated the approach FEMA is taking to the removal of the levee features is not a detailed analysis. They are looking for features and they are bringing the flood plain behind it. They are not looking to change flood ways or redefine how rivers flow. There is a chance that the undefined zone A flood plain can keep extending west. We could see a lower Santa Cruz levee with a flood plain on both sides. Michael Racy addressed Council about rapidly getting in touch with the congressional delegation and talk about the timing of some of this. He stated they heard as part of the Villages of Tortolita project which is between the CAP and the interstate just north of San Lucas that it was going to affect them. They have been doing some analysis of the existing CAP. They have been working with the Bureau of Reclamation. They have been receptive to doing things that are helpful, but not a big dollar levels. The BOR owns a very wide strip of land along the northeast side of the CAP. There may be an opportunity to create some detention/retention areas there and that or in combination with some armoring could have profound benefits for the whole area. He stated he has had discussions with a number of builders that are affected. They are working on trying to get a meeting with the private stakeholders to work with the town and try to come up with some regional solutions, moving quickly, but it makes sense to initiate a political effort to get a little more time. Mr. Racy stated this is part of an enormous national effort in response to levees that failed where they shouldn't have failed and now the federal system is re- examining all of these. 8 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 14,2007 Phyllis Ferenga, 11470 W. Tortolita Street, addressed Council and read a letter from Martha Irene Soria, Marana Estates, who could not attend. She asked if FEMA could be trusted to do the right thing for the people. She stated an area that concerns the Marana Estates homeowners is the comer of Adonis and Amole. This area started to fill up with rain water a couple years ago. She stated is seems to be a road misalignment which could be solved by town engineers and not FEMA. F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan stated he has received a few calls regarding the use of Marana prison inmates to clean and maintain the roadway adjacent to the new Rattlesnake Ridge School. He stated he has been in contact with the warden. He stated perhaps the issue of how the im-nates are being used needs to be addressed. Council Member McGorray stated they will be attending the Governors Conference which will take place at the El Conquistador, Wednesday, Thursday and Friday. Council Member Escobedo, stated on Saturday there was a ribbon cutting at Continental Ranch for a facility offering children and adult education. Council Members Clanagan and Comerford were also in attendance. He was a representative in Mexico City with 35 other elected officials across the county in reference to Mexicans living abroad and immigration issues. He stated Mr. Stolmaker of the Chamber of Commerce was unable to attend the meeting, but wished everyone to know there would be a luncheon from 11:45 to 1:00 at the Oasis at Wildhorse Ranch. He stated about 52 different organizations of the chamber will be recognized. Mr. Honea stated he and T. VanHook represented the town on the TREO trip to Portland. He stated Vice Mayor Kai is going to be having heart valve surgery and asked that he and his family be in our prayers. Vice Mayor Kai stated his cardiologist told him he needs to have an aorta valve replacement within the next two weeks. He thanked everyone for their prayers. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS H. STAFF REPORTS GENERAL ORDER OF BUSINESS 1. CONSENT AGENDA 9 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 14,2007 J. COUNCIL ACTION 1. Resolution No. 2007-139: Relating to the Marana Regional Airport; accepting Grant Agreement E8SO9 for $540,000 between the ADOT-Aeronautics Division and the Town of Marana for a Fire Protection Water Line (Charles Mangum) Mr. Mangum addressed Council and stated that this will be a grant agreement for $540,000 with a ten percent local match of $60,000 that was budgeted and approved in the CIP program. The fire protection water line will loop our current system at the airport. 2. Resolution No. 2007-140: Relating to the Marana Regional Airport; accepting Grant Agreement E8SlO for $760,387 between the ADOT- Aeronautics Division and the Town of Marana for the design and construction of a bypass apron on Taxiway A (Charles Mangum) Mr. Mangum stated the ten percent local match is $84,487 which was approved with the CIP project. The total amount of the project is $844,874. The bypass apron will be constructed right off taxiway Alpha and the intersection of taxiway Charlie. This bypass apron will alleviate head on situations. 3. Resolution No. 2007-141: Relating to the Marana Regiona Airport; accepting Grant Agreement E8S 11 for $220,000 between the ADOT- Aeronautics Division and the Town of Marana for the design and construction of a new security fence (Charles Mangum) Mr. Mangum stated the local match is $24,444 for a total project amount of $244,444. This is the land we're currently buying, 90 acres that we're looking to acquire from the state land department. The roadway is out to bid. They are working on the terminal and restaurant facility. It would be installing a fence on the east and west side of the proposed property that we are buying. 4. Resolution No. 2007-142: Relating to the Marana Regional Airport; accepting Grant Agreement E8S12 for $429,613 between the ADOT- Aeronautics Division and the Town of Marana for the reconstruction and expansion of the south apron (Charles Mangum) Mr. Mangum stated with the ten percent local match the total project would be $477,348. The apron serves the helicopter area and is used for fire protection and large cargo aircraft. The existing apron will be expanded south. There will be a proposed site for Northwest Fire to have a facility at the airport. It will be a joint use facility. The plans are to start that process in 2010. The temporary air base started in April and stays at the airport all summer long to protect our areas. 10 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 14,2007 Council Member Ziegler asked about the status of the auction. Mr. Mangum stated it was supposed to be August 91h . There were some errors by the State Land Department. He stated it should be advertised in September and October. He and Mr. Reuswaat have a meeting with the State Land Department next Tuesday. It has to advertise for ten weeks. Upon motion by Council Member McGorray, seconded by Council Member Clanagan, Resolutions No. 2007-139, 140, 141 and 142 were unanimously approved. K. BOARDS, COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION M. EXECUTIVE SESSIONS Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. Executive Session pursuant to A.R.S. §38-431.03(A)(3),(4),(6) and (7) for legal advice with the Town Attorney concerning water rights issues and to consult with and instruct the Town Attorney and the Town Manager concerning the 1979 intergovernmental agreement between the Town of Marana and Pima County relating to sewer service within the Marana town limits and to direct the Town Manager and Town Attorney with respect to that agreement (Frank Cassidy) Upon motion by Council Member Clanagan, seconded by Council Member Escobedo, Council voted to convene to Executive Session. Mr. Cassidy stated staff would request that the town manager and town attorney be directed to proceed as was discussed in Executive Session with respect to the discussion and implementation of the 1979 Pima County/Marana IGA. Upon motion by Council Member McGorray, seconded by Council Member Clanagan, item as discussed in Executive Session was unanimously approved. N. FUTURE AGENDA ITEMS I I MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 14, 2007 O. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member Clanagan, Council voted to adjourn. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on August 14, 2007. I further certify that a quorum was present. 12