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HomeMy WebLinkAbout05/16/2007 Regular Council Meeting Minutes MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16,2007 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:00 p.m. COUNCIL Ed Honea Herb Kai Bob Allen Jim Blake Patti Comerford Tim Escobedo Carol McGorray Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Present Present Present Present Excused Present Present STAFF Mike Reuwsaat Gilbert Davidson Jim DeGrood Frank Cassidy Jocelyn Bronson Town Manager Deputy Town Manager Assistant Town Manager Town Attorney Town Clerk Present Present Present Present Present B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. C. APPROVAL OF AGENDA Upon motion by Council Member McGorray, seconded by Council Member Escobedo, the agenda was unanimously approved. D. CALL TO THE PUBLIC Richard DeBernardis, President of the Perimeter Bicycling Association of America and the Executive Director of the Tour de Tucson Mountains addressed Council and expressed they had an incredible Tour de Tucson Mountains that they've ever had. This is their twentieth year and they've raised more money for the different charities. They had the most attendees, 1153, of which 103 were in the kids and family fun ride. He thanked the police department. He presented a poster that encourages kids to read. The kids next year in the elementary schools will receive the poster as an award for reading for at least 15 minutes. They also wanted to encourage them to bicycle. David Morales addressed Council and stated he hopes that the new Council Members are given a tour of Town Hall and introduced to department heads. E. PRESENTATIONS Vanessa Bechtel, Programs Manager with the Santa Cruz Valley Heritage Alliance, addressed Council and stated in 2003 the Town passed a resolution to support the effort to 1 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16, 2007 designate the Santa Cruz Valley as a national heritage area. She showed a map of the boundaries of the proposed heritage area. It covers the Santa Cruz River water shed which is about 3,300 sq. miles. The first project that they completed as part of a heritage area is a heritage tourism map. Not only does it promote heritage tourism, but they were able to complete the project with the Town's financial support. There are ten experiences, themes or stories that the Santa Cruz Valley has to tell. The themes are the underlying elements of the feasibility study that makes the region qualify for the national designation. The map has destinations through the Santa Cruz Valley where residents and visitors can learn about the cultural resources, agricultural history of the valley, missions and presidios, and birding. They have copies of the map to share with the Town. Mayor Honea asked if she could explain the legislation. Ms. Bechtel stated the legislation is to designate a Santa Cruz Valley national heritage area and that is a federal designation that goes through the National Park Service. It is non- regulatory. It is completely voluntary. It does not impact property values or taxes. It is a boundary that highlights an area that has a unique story to tell that somehow contributes to our national history. By getting the federal designation they are getting recognition from the federal government that we have some great cultural and natural resources here, but are also eligible for up to a million dollars a year for ten years. They would have to match those funds with locally raised funds. Those funds can be used for anything, but land acquisition. They are working on putting together a heritage foods festival where the community can learn about the heritage foods of the valley, foods that has been grown for thousands of years. There is a big educational component to it, but also a preservation and promotion component. Heritage tourism is a big key element. There are currently 37 national heritage areas and most see a doubling in revenues related to heritage tourism, number of jobs and sales tax related to heritage tourism. The legislation has been referred to the Natural Resources Committee in the House. They are waiting for a hearing. They are working with Senator Kyl's staffto get legislation introduced in the Senate, as well. F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Allen stated he wanted to thank staff and colleagues on the Council. He stated his intentions have always been for the Town. He congratulated Roxanne and Russell and that they too would further the Town's good. He stated his heart is still in Marana. Council Member McGorray stated several of them attended Arizona Town Hall. She was in the Saguaro Group who discussed many subjects, corning to some conclusions, and direction for the future. Mayor Honea stated The Arizona Town Hall was a rewarding experience. He stated the Southern Arizona Town Hall was a gathering of elected officials, community, civic and social leaders. He stated there were about thirty three in each group and five groups. They had six questions for two days. He stated he would take the opportunity again if given the chance to do so. 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16,2007 G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Reuwsaat asked Mr. Ellis to present the new summer magazine. Mr. Ellis addressed Council and stated the new publication is everything you would want to do for the summer in Marana. He stated the Parks and Recreation staff does a wonderful job for the community. H. STAFF REPORTS Mr. Davidson addressed Council and stated on Thursday, May 24th at 9:30 will be the Cortam Road dedication and celebration of the final completion of the project. Mr. DeGrood stated next Monday morning is the initiation of express bus service from the Continental Ranch! Arizona Pavilions area to downtown. Mayor Honea stated the bus service was not scheduled for two more years, but because the freeway is going to have nine exits closed over the next three years it was hoped that it would help give individuals in the Continental Ranch, Pima Farms, Continental Reserve area an opportunity to take mass transit into the city and then get on a bus to go anywhere in the urban area. GENERAL ORDER OF BUSINESS I. CONSENT AGENDA 1. Resolution No. 2007-74: Relating to Development; approving and authorizing a t"mal plat for The Pines Phase II (Kevin Kish) 2. Resolution No. 2007-75: Relating to Development; approving and authorizing a t"mal block plat for Gladden Farms Blocks 26-43 (Kevin Kish) 3. Resolution No. 2007-76: Relating to the Marana Regional Airport; approving and authorizing a contract with Sundt Construction, Inc. for the Construction Manager at Risk design phase services for the construction of a new sewer line for the Marana Regional Airport (Charles Mangum) 4. Resolution No. 2007-77: Relating to the Marana Regional Airport; approving and authorizing a contract with Sundt Construction, Inc. for the Construction Manager at Risk design phase services for the construction of a new fire protection water line for the Marana Regional Airport (Charles Mangum) 5. Resolution No. 2007-78: Relating to the Marana Regional Airport; approving and authorizing a contract with Sundt Construction, Inc. for the 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16, 2007 Construction Manager at Risk design phase services for the construction of a new airport terminal for the Marana Regional Airport (Charles Mangum) 6. Resolution No. 2007-79: Relating to the Marana Regional Airport; approving and authorizing a contract with Carter & Burgess, Inc. for the design of a new public airport terminal for the Marana Regional Airport (Charles Mangum) 7. Resolution No. 2007-80: Relating to Public Works; approving and authorizing the execution of an intergovernmental agreement between Pima County and the Town of Marana to provide for the acquisition of property for the I-I0/Twin Peaks traffic interchange (Cedric Hay) 8. Minutes of the April 24, 2007 and May 3, 2007 study sessions and the May 1, 2007 regular meeting. Upon motion by Council Member Escobedo, seconded by Council Member Allen, Consent Agenda was unanimously approved. J. COUNCIL ACTION 1. Resolution No. 2007-81: Relating to Utilities; approving and authorizing the Utilities Director to execute a contract with the United States Department of Energy, Western area Power Administration, for Parker-Davis Project Electric Service (Frank Cassidy) Mr. Cassidy addressed Council and stated it's the standard western area power administration contract that would get us one megawatt of Parker-Davis power. They did not get the final draft so he has added a couple words to the proposed resolution. It states that the utilities director is hereby authorized to execute it or a substantially similar contract for and on behalf ofthe Town of Mar ana. Mr. DeSpain addressed Council and stated we now have a megawatt of power out of Parker-Davis. There are not anymore hydropower dams or units being built. These are upgrades of existing units and in that process the western area power administration chose to divide a 17 megawatt upgrade among six or eight different entities. The Town being a municipality is a preference customer. A preference customer is those individuals that have not received any previous hydropower for these upgrades. There are other entities in the state that qualified. This contract is for twenty years. The power cost is 1-1/2 cents per kilowatt hour delivered to the Marana substation with no line loss. This hydropower can then be used by the utilities department for pumping of water and waste water and other services. Most people are paying 8-1/2- 9 cents a kilowatt hour for the power being received at their home today. We will be getting that for a 1-1/2 cent at the substation. We will have to arrange for agreements between Trico and TEP for that power to be delivered and displace the power that the Town is now paying those rates for. That should amount to a savings of approximately five cents a kilowatt hour. One kilowatt hour is if you took ten 100 watt light bulbs and ran 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16, 2007 them for one hour or if you took one 100 watt light bulb and left it on for ten hours. The Navajo Power Plant reallocation is coming up and most of that power is used for CAP water. In 2017, the hydropower out of Hoover Damn will be up for reallocation. There is a possibility that there is some there we can obtain. Vice Mayor Kai thanked Mr. DeSpain for his perseverance in securing this contract. Upon motion by Vice Mayor Kai, seconded by Council Member McGorray, Resolution No. 2007-81 was unanimously approved. 2. Resolution No. 2007-82: Relating to Development; approving and authorizing the Mayor to execute the Cascada Development Agreement (Frank Cassidy) Vice Mayor Kai declared a conflict of interest. Mr. Cassidy addressed Council and stated on December 5, 2006 the execution of the Cascada Development Agreement, but there were negotiations left to be done because of Proposition 207. However, the Cascada down zoning had to be approved before 207 went into effect so they requested that the Cascada Specific Plan be approved and at the same time asked authorization for the Specific Plan Development Agreement as it then existed. Since that time there has been additional negotiations. They have added the specific language about water improvements that are going to be needed and at what particular times. They have language that clarifies the dedication provisions for right of ways. Upon motion by Council Member Escobedo, seconded by Council Member Allen, Resolution No. 2007-82 was approved 5-0. 3. Resolution No. 2007-83: Relating to Development; approving and authorizing a preliminary plat for Marana 59 (Kevin Kish) Mr. Kish addressed Council and stated the applicant is requesting a preliminary plat approval which is approval of a 58 lot single family detached home subdivision. The property is generally located west of Hartman Road approximately a half a mile south of Linda Vista Boulevard. On 7-19-94, Council adopted Ordinance 9409 which rezoned 100 acres including this subject property. The preliminary plat does not include about 41 acres of that rezoning area. It was rezoned from E, the transportation corridor zone to R8 and with six conditions found in the ordinance. On February 21,2006, amendments to the ordinance were brought to Council and removed conditions one and six that altered the lot layout shown on the tentative development plan that was originally approved and the proposed ordinance modification was to allow for the reconfiguration of the lots and adjustment to open space. The proposed subdivision under review has fewer lots than originally planned, reduced from 172 to the 58 presented. Preliminary plat proposes a mix oflot sizes with the smallest lot equaling 8015 sq. ft. and 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16, 2007 averaging 9012. All the residential units will be subject to the residential design guidelines. The project proposes one point of ingress/egress off of Hartman Lane. The internal circulation will contain private streets with a gated entrance. The Planning Commission approved a design exception for a single point of access and modification to the Town's typical local street cross section at its meeting on April 25th. Some of the rational behind that was because of the confined narrowness of the lot and the open space to the west a second point of access wasn't feasible in that. Based on the design exception process within the subdivision street designs the Commission approved that. Based on the traffic impact study that was done, the left turn off of Hartman Vista was not warranted. The subdivision provides approximately 34 acres or 59% percent of the net area as natural and functional open space. The subdivision is also providing appropriate retention/detention basins within the project. Three specific ones located throughout the plat going from the northeast comer down to the southwestern area which meets the Town's requirements. There was a petition stating concerns regarding traffic and the left turn lane and the concern with the drainage. There are basins that they are providing meeting the Town's standard for drainage and retention/detention on site. Vice Mayor Kai asked if there are any 404 drainage issues involved in this project. Mr. Kish stated they are doing one crossing that they will be spanning and the majority of the property to the east there is at least one other, but that is part ofthe open space system. Vice Mayor Kai asked about the fish and wildlife permits and whether that has been addressed. Mr. Kish stated there is no longer critical habitat so there is no nexus for a fish and wildlife permit at this time. Council Member Escobedo asked what the original lot size was in comparison to the open space. Mr. Kish stated the original configuration was a 7,000 sq. ft. minimum lot area with very little open space other than the actual drainage areas ofthe project area. Council Member Escobedo asked ifthe project was denied, what would they be allowed to build. Mr. Kish stated they have the R8 zoning. If they chose to come in with a more aggressive grading and doing some more work with the 404 they potentially could come in with many more lots. Denise Howard addressed Council and stated she has lived at 9051 Hartman Lane since 1980. Their five-acre parcel borders the south boundary of the proposed 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16, 2007 subdivision. When this property was originally rezoned from one house per 30- acre to R8 in July 1994 it wasn't a 60 acre, but a 1 OO-acre parcel. At that time, none ofthe surrounding property owners who were living there and bordered the south and west of the parcel had been notified of the rezoning nor was the land posted. She stated concerns raised by the Zoning Commission. She stated that putting smaller home sites in this sensitive area is inappropriate and feels the higher density on much smaller lot size will increase the amount of water runoff which will impact the property south and west of the proposed development. She is asking Council to reject the current proposal of mass grading and destruction of a beautiful area. Debbie Shepard, 5571 W. Cottonmouth Street, addressed Council and stated her property sits north of the proposed site. Her concerns are that the traffic and drainage issues were not being addressed. In canvassing the area and asking opinions on the proposal there were many concerns about the traffic. They feel there needs to be an additional turn lane. There is one north that was not carried through to Cortaro on Hartman. She stated there have been numerous wrecks along the area. She stated her property already has erosion because of the flow of their subdivision and it wasn't addressed with the builder at the time. Their concern is there will be more with additional building and the washes being graded. With the petition there are numerous people within the area surrounding the proposed area who are not in favor of this until at least more studies have been done and the safety issues and the proper drainage issues have been addressed. Brett Summers, 5448 W. Red Race Drive, addressed Council and stated he is speaking as President of Hartman Vistas Neighborhood Association. He was voted by the Board of Directors to represent 353 homes. They are requesting to not approve the plan as submitted until further studies can be done. He stated he would submit that the traffic study was done during the time that Cortaro Road was under construction. A lot of traffic that normally takes that route was not taking that route during that time. They would like to have considered the other growth that is slated for that area. They are concerned about drainage issues, as well. It took approximately one year to get police presence into their neighborhood with traffic congestion, speeding, stop sign runners and without police presence they continue to see constant traffic problems. The east side of Hartman Visa is a huge community that lies within Pima County area. They would like to have that traffic considered, as well as the fact of DeGracia Elementary School and students crossing in the area. They would like a turn lane considered, but also re-monitoring traffic and re-evaluating the area before approving this plan and the possibility of also putting in student crossing areas for the safety of the children that live in the area. During last year's monsoon Hartman Vista lost lots ofland due to erosion runoff corning from the washes and easements from Pima County flowing onto Marana's property and destroying their common property. They fought with the Town for four months to correct the problem. They are concerned about this problem again in the future affecting the Bednar Homes within the Hartman Vista area. The Board of Directors 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16,2007 representing the Homeowners Association would like to see traffic congestion eased, as well as considering better opportunities to ensure drainage will be done. Mr. Braun addressed Council and stated the drainage report has been accepted for this project. It was reviewed by staff and staff consultants. In general they are trying to preserve most of the wash areas that carry the predominant amounts of flow. They are not pushing the water into the wash. They have created basins and those basins comply with critical basin methodology which requires for a reduction in flows exiting the site so essentially they are accepting the water. In the most common event there was an increase in flow. The two year event is on the order of 2-5 CFS so an increase in that flow is not significant. The larger flows of the ten and hundred year storms were reduced dramatically on the order of forty percent. Critical basin methodology requires a reduction usually in the order often to fifteen percent. Staff feels that they have accepted as much water as they can, as much water is existing that is coming off, and funneled it through their site in a responsible manner. Mayor Honea asked if with the drainage basins not allowing the water to go into the major washes that they would reduce the amount of water in the washes. Mr. Braun stated the upstream portion of the project is where the water comes into the site. They are accepting that water. Their basins are situated prior to the water exiting the site and in those locations they have designed systems that restrict the flows exiting the site from what would normally occur. The furthest most west wash which is the largest wash coming out of the Hartman Vistas subdivision that one they are not doing anything in that area. Where they are mainly controlling the flows is closer to the eastern part of their project. Council Member McGorray asked if the issue is corrected in Hartman Vista where the water goes through there. Mr. Braun stated there was some erosion along Hartman Road during the flooding. There is water that comes across at Overton in the northeast comer of this project. The main issue at the Hartman Vista subdivision is that there is a channel that crosses under Overton and essentially dumps its water in the southeast portion of this project. That has essentially some restrictive culverts that create a metering effect, but those culverts are right at grade with Hartman Road so when they do flow it shoots a lot of water across Hartman and that will go through the bottom comer ofthis project. Most of that water dumps into a wash that runs along the north part of Hartman. Most of the flows that are critical flows in this area are not flows originating on this site. They are flows that come to the site and they are accepting those flows. The Hartman Vista subdivision is likely concerned about their southern periphery and how that could be affected. The main flow is being accepted and channeled through in a southwestern flow pattern which would accept the water away from those residences. There will be drainage along the entire southern boundary of Hartman Vistas, but that is not the large flow. 8 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16, 2007 Vice Mayor Kai asked if the pass through water on the northeast comer where it passes through and comes into the subdivision, does it flow over the main entrance road or go under a culvert that passes through or do they hold it back a while. Mr. Braun stated there is a flow that comes across Hartman. It will enter into a wash area and will be trapped in basin one. Basin one will have an outlet so it will allow water to exist. In the ten and hundred year storms that water will be reduced mainly because of the impounded of water within this area trapped within their own street network and lot arrangement. There is a larger wash that has pipes that shoots water across Hartman Road that one will skirt along the bottom of their lot and into the Hartman ten wash area. There will still be water trapped between Hartman Vistas and this subdivision. That water will exist and make its way out into a main wash off to the west. Vice Mayor Kai asked how much water in the culverts underneath would it accept maximum and what is the CFS estimate. Mr. Braun stated according to what they are showing on the plan per the plat from the Countryside Terrace there is 200 CFS coming through those pipes in a hundred year event across Hartman. The hundred year flow from basin one is 18 CFS. The bad one is on the west side of the subdivision which is the side of the subdivision they are essentially avoiding with this project. Mayor Honea asked ifthis project the way it is presented would it impact Hartman Vistas and if this project would impact any of the housing that is already there. Mr. Braun stated the calculations they have done would take into account back water and it would not back up that far. Denise Howard stated she lives south of the project. She stated they are affected by the flow that comes out of the retention basin that comes across Hartman. She feels that what was diverting that water the land will now create more flow onto them. She stated their concern is the culverts that go under the road will now bring additional water down across her property. John Weining, 8850 N. Joplin Lane, stated all the water runs west there and very slightly south. He has been there since 1991. One of the washes runs through his property and he channels it through, but there is only one set of homes there. Since 2003 there has been less rain and it breaks through his wash two to three times a year and he has to repair it. He stated there has been less rain and he is getting more flood. Lew Catalini, civil engineer with Baker and Associates Engineering, the firm that did the preliminary plat addressed Council regarding drainage. Currently the flow 9 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16, 2007 is coming in from the east across Hartman. The flow to the southeast comer will not be impeded by their site. The plat shows existing and developed condition flood prone lines and those are not changing because they are not impacting those flows. In addition, the lots along the south side of the roadway are going to be graded to drain towards the street. They are pulling water away from the drainage area and pushing it more towards the west so the flows that come in through the two culverts are going to be reduced by reducing the water shed and by metering through the detention process. It is going to reduce the flows and it shouldn't impact the properties to the south in a negative manner. To the west there are two detention basins. They will be collecting the flow from the remainder of the subdivision, metering it out and it will be dumping into the large wash that currently carries 4400 CFS. It is a major drainage way. It will reducing developed condition flows from their site from 40 to 70 percent which more than complies with the critical basin criteria which is ten percent of reduction. He stated under the two year, ten year and hundred year storm which is what they designed for it will not negatively impact the area. Mr. Reuwsaat asked Mr. Braun if he was part of the process that looked at the effect of the last rain in the Hartman Vistas area. Mr. Braun stated he was not. He stated most of the issues in the Hartman area from the July floods were from a maintenance standpoint of rain tearing out shoulders and undermining of pavement. Mr. Reuwsaat stated that issue could have been addressed separately. There was a question by the HOA to look at some kind of erosion control that would make things different in Hartman Vistas. Mr. Braun stated the southern lots along the Bednar section they were looking for possibly increased protection on the slopes of those lots which is off the property currently being discussed. Mr. Reuwsaat stated they could meet with the HOA and discuss it separately because it doesn't contribute to this property. Mr. Braun stated this property is not sending flows in that direction nor is it creating a back water condition on that property. It is receiving flows from that problem area. Jim Coleman, 5561 W. Cottonmouth Street, addressed Council and stated there is a retention wall behind his property that goes down almost 25 feet. They are concerned of possibly damage to the retention wall if the wash is right along that retention wall on the north side. Mr. Braun stated that there is not going to be any flow up against that retaining wall. It is all going to come down into the channel and into the streets. 10 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16,2007 Vice Mayor Kai stated the Pigmy Owl has been delisted, but is being appealed. He asked if that would be an impact if that was reversed and the effect on this project. Mr. Reuwsaat stated it doesn't look like it will be relisted. Mr. Catalini stated he has been involved in this subdivision since they started the plat and they have met with Fish and Wildlife Service. They have sent a letter to the Town saying they were in agreement with their project even though the Owl is currently delisted. They did consult with them that if the Owl was re1isted the Fish and Wildlife Service would approve the layout. Vice Mayor Kai asked if the one entrance off of Hartman Lane is satisfactory for Northwest Fire. Mr. Braun stated that design exception part of the process requires Northwest Fire acceptance of it and they did agree to that one entrance. Council Member McGorray stated she wanted to know more about the archeological aspect. Mr. Braun stated the preliminary report was accepted and in their summary the one site is not considered eligible for inclusion into the national system and they are avoiding the second one. Council Member Escobedo asked what the future of Hartman Lane is as far as expansion or turn lanes. Mr. Braun stated Hartman Lane is a 90 foot right of way. That is a right of way that would support a two lane road with a median or a center left turn lane. It would not support a four lane road section. The current traffic counts show that it is functioning not beyond the capacity of a two lane road at this time. They are looking at likely different traffic patterns on Hartman Lane once the Twin Peaks interchange opens. Hartman Lane will no longer be the favorite cut through to the east they will continue on Linda Vista to the interchange. There will be a redistribution of traffic on Hartman in the future. Mr. Summers stated when the traffic was measured through that area Cortaro and Hartman were under extreme construction. Hartman has been blocked off several times and rerouted down to several smaller lanes. The flow has been congested due to the drainage issued being addressed there, as well as the turn lane thus lowering the traffic on Hartman for a while. He stated based on his experience, his assessment is it is an extremely dangerous area for traffic. They are asking to hold the developer responsible to do some roadway improvements to prevent further congestion, as well as to create better safety for children and residents. With the continued growth further south there will be more traffic on Linda Vista which 11 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16, 2007 will dump more traffic onto Hartman so he disagrees with staff that Hartman will receive less traffic when that improvement happens, but actually more traffic will dump down Hartman because instead of using Cortaro they will be coming south on Hartman, as well as north by dividing the traffic into a more two way flow as apposed to a mostly north flow during rush hour times in the evening and a southerly flow in the mornings. By requiring the developer to create a left turn lane it would ease congestion and create a safer area to cross. He asked to do a couple more studies on the traffic flow once the Cortaro/Hartman project is complete. Council Member Escobedo asked the developer what the involvement of the neighborhood was in moving forward with this project. Mr. Reuwsaat suggested that it be moved to the next meeting in order to re- evaluate and look at the concerns as it relates to the traffic study. Upon motion by Council Member Escobedo, seconded by Council Member Blake, Resolution No. 2007-83 to continue to the next Council meeting, June 51\ was unanimously approved. 4. Resolution No. 2007-84: Relating to Real Estate; establishing the Learning Farm; approving and authorizing the Mayor to execute a lease and use agreement with the Community Food Bank relating to the Learning Farm; and declaring an emergency (Jane Fairall) Mr. Cassidy addressed Council and stated this item would authorize the Mayor to execute an agreement with the Community Food Bank concerning the Learning Farm which is right next to the Heritage House. They have gotten a sub-lease approval from the State of Arizona for one of the three fields. They are applying for the other two fields. The resolution would authorize the Mayor to execute the agreement with respect to all three of the fields as soon as the sub-lease is approved by the State. Vice Mayor Kai asked if we can make sure that weeds are taken care of and that the Food Bank will live up to that. Mr. Cassidy stated he would add to seven something to indicate that they will use standard farming practices regarding addressing noxious weeds. Vice Mayor Kai asked if there was something under indemnity and hold harmless that could be added to lessen liability. Mr. Cassidy stated it already does require the coverage of a million dollars and stated if it is the feeling that is not sufficient they can increase it, but it would increase the cost to the Community Food Bank. Mr. Cassidy stated he will contact the risk pool and get their feedback on how we might tighten that up. 12 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16,2007 Upon motion by Council Member McGorray, seconded by Council Member Blake, Resolution No. 2007-84 with amendments regarding noxious weeds and enhancing paragraph nine for more insurance coverage was unanimously approved. K. BOARDS. COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION M. EXECUTIVE SESSIONS N. FUTURE AGENDA ITEMS O. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, 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 May 16, 2007. I further certify that a quorum was present. ~\",nr'"/~ ~..._, OF ~ ~ ~~~\\"""',,~~~ :: ~i CORPORAr:\ ~ .. =: QC)Q = = - =SEAL- - =\ ,.... ~ ~ ~~;: ~ -1~'"m"\~ ~ ~ 'ilZ 1ql'~ ~1/1';I"\\~ 13