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HomeMy WebLinkAbout06/05/2007 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: June 5, 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 Mayor Preserit Herb Kai Vice Mayor Present Russell Clanagan Council Member Present Patti Comerford Council Member Present 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 Jim DeGrood Assistant Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. Council Member Comerford asked to recognize a town employee's son that passed away and Council Member Escobedo's aunt that passed away. C. APPROVAL OF AGENDA Upon motion by Council Member Ziegler, seconded by Council Member Clanagan, item L-2 was removed and item J-6 was moved to the first item on Council Action was unanimously approved. D. CALL TO THE PUBLIC David Morales addressed Council and asked if there was group think on the Council and expressed his opinion on this issue. He mentioned Terry Goddard and the opening meeting law. E. PRESENTATIONS F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Comerford made an announcement that her son is with the American Legion at NAU and is participating in the government. Council Member Clanagan stated there have been acts of vandalism directed at the swimming pools at Continental Ranch particularly over Memorial Day weekend and asked about the results of the complaints. I MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: June 5, 2007 Mr. Cassidy stated at the time of Council reports it is an opportunity for each Council Member to make a report of what they have been doing. He stated this might be an agenda item or ask outside and when the inforination is received report back to the Council as to what it was that was discussed with the department. Council Member Ziegler stated she has been introducing herself to the police and department heads. Mayor Honea stated he went to a fundraiser for Marana Junior Rodeo Association. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Reuwsaat addressed Council and stated he received a press notice from the PGA that the governor will be here Thursday afternoon to work with the PGA and distribute some of the funds gathered during the tournament for non-profits. That will be at the El Rio Golf Course. He stated he will be a presenter at the Tucson Town Hall presentation of issues at the Fox Theater. He will be handling the water issues and the recommendations that came out of Tucson Town Hall. They are having a hard time getting all seven members together for the water study session and the executive session. It is essential to have all members present for the study session and the executive session that will follow. All department heads will be making presentations to Council Members Ziegler and Clanagan. H. STAFF REPORTS GENERAL ORDER OF BUSINESS 1. CONSENT AGENDA 1. Resolution No. 2007-86: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County, the City of Tucson, the Town of Oro Valley, the City of South Tucson and the Town of Sahuarita for the establishment of a centralized bail bond acceptance service at the Pima County Adult Detention Center (Jane Fairall) 2. Resolution No. 2007-87: Relating to Public Works; approving and authorizing the intergovernmental agreement between Pima County and the Town of Marana for the cooperative maintenance of certain highways within the parties' respective jurisdictions (Barbara Johnson) 3. Resolution No. 2007-88: Relating to Community Development; approving and authorizing execution of an intergovernmental agreement with Pima County for Community Development Block Grant and HOME Investment Partnership renewal through June 30, 2010 (T. Van Hook) 4. Resolution No. 2007-89: Relating to the Police Department; approving and authorizing application for funding from the Governor's Office of Highway 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: June 5, 2007 Safety under the Highway Safety Plan (U.S. Code Title 23, Section 402) for the Marana Child Safety Program (Richard Vidaurri) 5. Resolution No. 2007-90: Relating to the Police Department; approving and authorizing execution of a grant agreement with the Governor's Office of Highway Safety for funding a new motor unit under the Highway Safety Plan (U.S. Code Title 23, Section 402) (Richard Vidaurri) 6. a. Ordinance No. 2007.14: Relating to Animal Control; amending Title 6 of the Marana Town Code, Section 6-3-5 regarding dog waste removal; and declaring an emergency (Jane Fairall) b. Resolution No. 2007-91: Relating to Animal Control; declaring the revisions to Town Code Title 6 adopted by Marana Ordinance No. 2007.14 as a public record filed with the Town Clerk; and declaring an emergency (Jane Fairall) 7. Minutes of the May 16, 2007 regular meeting. Upon motion by Vice Mayor Kai, seconded by Council Member McGorray, the Consent Agenda was unanimously approved. J. COUNCIL ACTION 6. Resolution No. 2007-83: Relating to Development; approving and authorizing a preliminary plat for Marana 59. This item was previously heard on May 16, 2007 and continued to this date (Kevin Kish) Mr. Kish addressed Council and stated this item was brought to Council on the May 16 1h meeting and was continued to tonight's meeting. Some of the concerns at that meeting were the adjacent and on-site drainage and traffic along Hartman Lane. The Town staff met with Bret Summers, representative of the Hartman Vistas subdivision, on May 25 th at the site to discuss the two concerns. There was a meeting May 3 01h at DeGracia Elementary School with the applicant's representatives to further discuss it. Barbara Johnson addressed Council regarding the drainage and traffic. They have a letter which will be sent out tomorrow which requests that Pima County clear out a drainage basin. There does not appear to be any further issues with respect to drainage from that property. Hartman Lane belongs to Pima County. There was a study completed that demonstrated that there was no left turn warranted. Once the Twin Peaks Interchange is in place which shouldn't be about at the same time that Marana 59 is projected to be built out, the number of left turns should be reduced to at least half because much of the traffic will be coming in from a different direction. They looked at the traffic accident data through July 2006 which is the most recent data. There has been a moderate amount of accidents, six or seven in the last two years. Four of them were at Cara Nicole. Generally, they look at about five to put in a traffic signal. They recommend the matter be taken 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: June 5, 2007 to Pima County to discuss. They have recommended to the developer and the representative that they look at the community interest and see if they can't accommodate some of that. Douglas Howard, 9051 N. Hartman Lane, addressed Council and stated they own five acres south of the proposed development. He stated the research he has says about five times more water comes off of developed property than it does natural property. It stated this is a major drainage area and it has to have a more comprehensive plan. His major concern is devaluation in his property. He stated there are 13 existing and proposed entrances onto Hartman Lane within 6/10 of a mile. He stated there is not one four-way intersection. He stated the developer does not have plans for a developed park for children. Jim Coleman, 5561 W. Cottonmouth St., addressed Council and talked about the area development and leaving the desert undisturbed. He stated he was concerned about the drainage behind his property and that there would be erosion. He stated the traffic study was done in 2006 when Hartman Lane was under construction. He talked about the new shopping center and 1000 homes and how the traffic will be impacted. He stated he feels that Hartman Lane will be a main thorough faire from south and east of Tucson to this area. He stated he has not heard anything mentioned about the archeological digs and wanted to know the status of that. Julia Corty, 5421 W. Cottonmouth St., addressed Council and mentioned comments by staff of several challenges to be looked at in the future, moderate number of accidents as per the police, we agree that something needs to happen, and we have made recommendations to the developer. She stated recommendations to the developer would not be sufficient. She stated a plan for better accountability for the retaining wall behind the houses on Cottonmouth, and better dealing with the water issues of water flooding that is coming from Pima County. She stated last year she was blocked into her home area twice during the monsoon season because Hartman was completely closed. She stated the problem would only be exasperated by this development. She stated a better plan with Pima County needs to be in place. She is asking for the developer to be responsible to the community. She asked about looking at the issues of archeological sites and also the character of the land. Debbie Shepherd, 5571 W. Cottonmouth St., addressed Council and stated she distributed the petition and is resubmitting it. She stated on the petition there is a 95 percent disagreement with this project. She stated she asked independent engineers their opinion of this project and they stated there are serious concerns with the drainage systems. With the way the project is designed the water will go towards their retaining wall and stated it most certainly will undermine the wall and cause erosion along Cottonmouth. She stated if the traffic is not Pima County's problem, it's not the city of Marana's problem then whose problem is it. It is the people that live there and that is their concern. She mentioned the Indian artifacts and stated she spoke with the Arizona State Museum and she stated there has been no report to them about the artifacts. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: June 5, 2007 Bret Summers, 5448 W. Red Racer Dr., addressed Council and stated he is representing Hartman Vista neighborhood association as President for Hartman Vista representing over 353 homes and a thousand residents. He asked why the issue is before Council when they haven't been given a chance to talk to Pima County about their concerns with traffic issues. He discussed the traffic study done in 2006. He stated there are no sidewalks and there is no crosswalk for the children going to DeGracia and that there will be 11,000 cars a day in the next three years going down Hartman. He stated that Council works for the citizens of the town and not for the developers. They are asking that this development not get approved as planned until the drainage and traffic concerns can be addressed. He stated he is asking as the President of Hartman Vista neighborhood homeowners association, as well as a resident that drives these streets everyday and sees what real traffic looks like in this neighborhood and not what it looks like on paper as proposed by an engineer, but as somebody who drives there everyday and asks the project be denied until the traffic issues can be address and new studies conducted. He stated we have an opportunity to improve this before the development goes in as apposed to develop it, cause more problems, greater congestion, more accidents, more problems and concerns for the safety of our children. He stated this can be changed now and addressed upfront. Barbara Johnson stated their statistics for all traffic accidents come out of the State of Arizona and are a compilation of all of the incidents that are reported through the state reporting system, so that accident report doesn't come just from the police department they come from the State of Arizona and they give us those statistics. Mr. Kish stated an archeological report has been done. He stated we have a staff archeologist who reviewed it and accepted it. He stated the reference to the State Historic Preservation Organization, because the design of this project they are avoiding all 404 issues. There is no nexus that would require them to go to state agencies. They have no jurisdiction. There are two sites there. Remediation was not warranted based on the findings and the recommendations in the report have burial agreement necessary for it before any site disturbance starts. He stated he believes there is a requirement for an on-site archeologist during some of the deep trenching. Council Member Ziegler asked why we did not bring the County in on the traffic issues. Mr. Reuwsaat stated the County reviewed the traffic report and accepted it as part of this planning process so the County was a part of this approval process. He stated he was hearing from the residents that since this is in the County do we as residents have an opportunity to address our concerns with Pima County since the right of way is in Pima County. MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: June 5, 2007 Council Member Ziegler stated she is very concerned about the comment that we're doing this only because a council member asked and wanted it looked in to. Mr. Reuwsaat said he is concerned about the comment. He will be meeting with the appropriate staff to find out what took place. Council Member Ziegler stated she is in favor of continuing this until we talk to Pima County. Mr. Cassidy stated there may be a misunderstanding about the Town's authority with respect to subdivision plats. The fact that they are brought to the Council does not give necessarily the Council the same level of authority to deal with them and in fact, clearly does not give the Council the same level of authority to deal with them as with rezoning, discretionary acts. He stated in the context of the law a comment by a staff member saying that actually for purposes of a subdivision plat it is the technical findings that trump the will of the Council. That is a correct statement so it may be an unpopular thing to hear, but for the purposes of subdivision review it is the technical review that trumps. He suggests two things before taking action on this plat. He suggests pursuant to the executive session provision of every agenda which allows executive session on any item on the agenda that be done and it can be explained there. There has been some involvement according to the record of Pima County and others and we haven't heard from the developer to explain what that involvement was. He stated he thought it would be wise to go into executive session before any action is taken and talk about the legal aspects. Council Member Comerford asked to hear from the applicant. Mark , owner of Homes, addressed Council. He represents both the buyer and seller in this development as a member of Marana 59. He stated the plat has been through considerable review and they have met with both Marana and Pima County staff. They have met the requirements of Pima County and Marana code with regard to the development. There was considerable discussion with regard to the turn lanes. They are concerned about the safety of their residents and the satisfaction of their surrounding neighbors. As part of this development they maintained the site coverage of approximately 30 to 35 percent. Michael Matthew, Matthew Engineering Corporation, addressed Council and stated he is the one that prepared the traffic impact analysis report for this development. He met with Fernando Prol, the Town's traffic engineer and discussed the project with him. They discussed growth factors that were used with the traffic projections. The report was submitted to both Marana and Pima County and both agencies approved the report based on the findings that were presented in the report. They did a 48 hour volume count on Hartman Lane. They took those volumes and grew those volumes by five percent. The five percent growth factor was given to him by Fernando Prol. They applied the growth factors and projected 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: June 5, 2007 the traffic out to 2009 which is the projected build out date for this development. They then analyzed that intersection where they are going to ingress and egress the development. They looked at it as an unsignalized intersection. They added peak hour numbers into that and also the numbers to Hartman Lane. He stated that intersection came out to be level of service A or B in both morning and evening peak hours. Those levels of service are a function of congestion on the road, available gaps within that roadway. The level of service grading is A being a condition where there is no delay on the roadways and E being the condition much like you would see in Los Angeles. They also did the warrant analysis for the northbound left turn lane into this development. The standards that were told to be used by Mr. Prol are the current Pima County subdivision development and street standards. They have documentation from Pima County noting the same findings that Mr. Prol had indicated that the northbound left turn lane into this development is not warranted at this time. The distances between Overton and Fire Opal create a situation where physically you could not construct a lane in there and have it function the way it should be. They did the counts mid-week which is the standard between Tuesday and Thursday. Lou Catallini, Baker and Associations Engineering, addressed Council. He stated they are the civil engineers on the project. They put together the plat and layout. They had a sub-consultant do the hydrology, but he is familiar with it. This area is designed as a critical basin and what that means is that when once you develop the site the developed condition runoff has to be at least ten percent less than what's currently running off the site so they are required to design the project so that even though the runoff is increased from the development itself its diverted into detention basins which meter the flow and reduce the runoff by at least ten percent of what's there. That was accomplished in their design and confirmed by the drainage report which was reviewed by staff and approved. They are reducing the total runoff from the site by ten percent. Individual areas on the site are being reduced more than ten percent, but the whole site is being reduced ten percent. Vice Mayor Kai asked if lots 1-6 would be draining northwest towards the street or would they be draining southeast to the wash. Mr. Catallini stated they would be draining north to the street and then it will run through the street and dump north into the detention basin and then through the pipes. Vice Mayor Kai asked on the back side of lots 1-6 if that would be bank protected or raised any level at all. Mr. Catallini stated he didn't know if it would be raised at all. They are not impacting the flow that comes out of the detention basin that is on the east side of the street. They are staying outside of the flood prone area from the 100 year flood from that wash. They are not adding to that flow. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: June 5, 2007 Mayor Honea asked about the retaining wall on the south side of the Cottom-nouth lots. Mr. Catallini stated currently those lots are type B lots. In that existing subdivision, the ftont half of the lots drains to the street. The rear will drain south. It was a hilly piece of property so there is a lot of fill in the lower areas so they sit up pretty high. Some of that water is coming off the back of their lots into a ditch that takes the wall along the top of the hill and then discharges it over their wall at some points. That water will then enter the Marana 59 property into a protected ditch then into our street through the detention basin and out into the major washes to the west that's all open space. As far as existing flows coming across Hartman right now they are not going to be changing the nature of that flow at all. All water will be draining to the southwest. He stated none of it is flowing north. Council Member McGorray asked if the rip raft was cemented in and what conditions are below the rocks. Mr. Catallini stated typically they have two ways of placing rip raft. It is either dumped or hand placed where you put filter fabric under it or it's grouted where you put cement concrete down and then put the rocks in the concrete. Right now they have it grouted. He stated staff requested that they put the rip raft in there to avoid any erosion. Once it gets deeper than three to one then you are required to put rip raft down. He stated he thought they were flatter than that. He stated detention basins in general require maintenance because they fill up and they lose the effect they are suppose to have, but they have not had any communication with Pima County. Vice Mayor Kai asked what the cost to do a left turn lane would be. Mr. Matthew stated the distance between Fire Opal and the proposed access point is 3 20 feet. Typically there would be a 100 foot of storage. There is going to be a gap of 50 to 60 feet to get into that and then there is the appropriate tapers based on the design speed of the roadway. Those tapers most likely would come into where Fire Opal would be. Any construction on this roadway would have to be to Pima County standards. Mr. Summers stated the study was done during construction on Cortaro and Hartman Road. He talked about a dedicated center left hand turn lane and stated throughout Pima County there are areas where there are more artery roadways coming onto a dedicated center left hand turn lane where there are not problems, the lane is effective, traffic flows and a way to provide for safer turning. Ms. Johnson stated it was raised earlier that with the completion of Cortaro that Hartman would be used more frequently. She stated the answer is no. It is a current traffic study within our requirements and we have no basis to ask for a new one. 8 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: June 5, 2007 Council Member Escobedo asked is this subdivision is required to meet the standards of the residential design standards. Mr. Kish stated this will be subject to the residential design standards. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Council voted unanimously to go into executive session. Mr. Cassidy addressed Council and stated the subdivision review process in the law is referred to as a ministerial process. It is similar to checking out a library book. The subdivision process, despite the fact it comes to Council, the process is actually the procedural equivalent of a rubber stamp. It is the process of checking to make sure that all the subdivision requirements are met and if they are the Council really has no authority but to approve the plat. With respect to drainage, we have drainage reports that have been approved by the town. It doesn't appear there is anything on the record that we could justify turning down the plat on the basis of drainage. With respect to traffic, there has been a traffic impact analysis done. It has been approved by the County and the Town, but on that issue we do have evidence on the record that does give rise to expertise in the area of traffic analysis. If the Council determined that it wanted to take a second look at the traffic impact analysis the Council would be justified even under the ministerial act analysis to go ahead and fund a further traffic impact analysis just to determine if there are any real issues or to check the work of Mr. Matthew. That is based on the testimony presented. There is a provision in the annexation law that says by agreement between the county and the city a city can go through an accelerated annexation process so if there is a concern over dual jurisdiction and if the town were to go ahead and take on the significant financial burden of taking over that road then you could take jurisdiction of the road, but short of taking jurisdiction, the road is Pima County so without a technical analysis to determine what improvements are needed and without having the County agree with that it will be difficult to make the developer make additional improvements. He suggests that there be at the very least a condition discussed to say that the sub- divider shall at its own cost design and construct any and all Hartman Road improvements that Pima County reasonably requires for the development of this subdivision. If we get a new TIA and it determines that additional things are required and we don't annex it then those improvements would have to be done. Upon motion by Council Member Ziegler, seconded by Council Member Clanagan, to continue this item until another traffic study is done in a timely manner as possible was approved 6-1 with Council Member Comerford opposing. Council Member Escobedo was excused from the dias. 9 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: June 5, 2007 a. Ordinance No. 2007.15: Relating to Parks and Recreation; amending Title 13 of the Marana Town Code, sections 13-1-3 and 13-1-4 regarding possession and discharge of firearms and other weapons in Town public parks; and declaring an emergency (Jane Fairall) Ms. Fairall addressed Council and stated this item proposed to amend Title 13 of the Town code reference Parks and Recreation specifically relating to the carrying, possession, discharge of firearms in town parks. The current Town code which dates back to 1996 strictly prohibited the possession, carrying and discharge of firearms, except designated rifle or pistol ranges. In the process of Parks and Recreation ordering new signs to put in the parks they came upon the fact that state law had different requirements than we have. State law was amended in 2000 and severely limited a town or city's discretion in regulating firearms, specifically regulating firearms, possession, use, and discharge in parks. The state statute set forth very specific provisions beyond which a municipality is not allowed to go. It is pre-empted from doing anything more than what the state statute allows and basically what we have in place at the moment is enforceable as being pre-empted by state law. The amendments that are proposed to section 13-1-3 adding a new section 16 and 17 track exactly what the state statute allows. It is less restrictive than what we have in place now because it does allow people to carry firearrns in parks or discharge firearms in parks under the exceptions allowed by state law, but it as restrictive as state law allows a town or municipality to have. There is a change in regard to the penalty section of Title 13 for violations of the parks use regulations. Currently all those regulations I - 15 are Class one misdemeanors. The state statute states that the unlawful discharge of a firearm can be no higher than a Class two misdemeanor. Upon motion by Council Member McGorray, seconded by Council Member Comerford, Ordinance No. 2007.15 and to adopt Resolution No. 2007-92 and declaring an emergency was unanimously approved. b. Resolution No. 2007-92: Relating to Parks and Recreation; declaring the revisions to Town Code Title 13 adopted by Marana Ordinance No. 2007.15 as a public record filed with the Town Clerk; and declaring an emergency (Jane Fairall) 2. Resolution No. 2007-93: Relating to Public Works; approving and authorizing the implementation of a Capital Improvement Program Manual to assist in the coordination of community planning, financial capacity and physical development of the Town of Marana (Barbara Johnson) Ms. Johnson addressed Council requesting passing of the resolution adopting the manual for the Capital Improvements Program. It is a blueprint for how we look at the Town's capital expenditures. It coordinates the community planning, financial capacity and physical development of those programs. They have a 10 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: June 5, 2007 capital budget, a capital program and a process by which they can put together a cross functional team and take it into the community to come back to management and with management's concurrence to Council with a decision basis for a capital improvement program that looks out one, five, and twenty years. Upon motion by Council Member Comerford, seconded by Council Member McGorray, Resolution No. 2007-93 was unanimously approved. 3. Resolution No. 2007-94: Relating to Economic Development; approving and authorizing a Contract for Services with the Marana Chamber of Commerce (Jim DeGrood) Mr. DeGrood addressed Council and stated in years past we have provided $40,000.00 to the Chamber of Commerce for their services in operating the Marana Visitor's Center and providing other economic development benefits. This year the Marana Chamber has requested a one time appropriation of $20,000.00 for the purposes of upgrading the Marana Visitor's Center. It is to improve the appearance, the structure and accessibility. Ed Stolmaker, President and CEO of the Marana Chamber of Commerce, addressed Council and stated improving the building will be a great asset to the Chamber in the future. He stated he is looking forward to the future growth of the Chamber with the help and partnership of the Town. Upon motion by Council Member Clanagan, seconded by Vice Mayor Kai, Resolution No. 2007-94 was unanimously approved. 4. Resolution No. 2007-95: Relating to Development; approving and authorizing a preliminary plat for Whitney Farms (Kevin Kish) Mayor Honea declared a conflict of interest. Mr. Kish addressed Council and stated the applicant is requesting approval of a preliminary plat for a 12 lot single family residential subdivision approximately 2.09 acres. The property is generally located on the west side of Whitney Lane and approximately 120 feet south of Swanson Street. The existing zoning is the A zone. This type of subdivision is allowable in that zoning district. The A zone requires lot sizes of no more than 2.5 acres. The site is currently two parcels and contains multiple manufactured homes. The owner's intent is to create individual lots for site built homes. The proposed average lot area is 7,405 sq. ft. The smallest is 7,206 sq. ft. All existing buildings are proposed to be removed prior to recordation of the final plat. The project will need to adhere to the adopted residential design standards. Whitney Lane is the nearest paved access which serves the subdivision and provides access to Moore Road. 11 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: June 5, 2007 Upon motion by Council Member McGorray, seconded by Council Member Comerford, Resolution No. 2007-95 was approved 6-0. 5. Resolution No. 2007-96: 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; repealing Resolution No. 2007-84, adopted on May 16, 2007, which addressed a different version of the Community Food Bank lease and use agreement; and declaring an emergency (Jane Fairall) Ms. Fairall addressed Council regarding the lease and use agreement for the Learning Farm at Heritage Park with the Community Food Bank. The agreement was originally brought to Council May 16 1h and it was approved with conditions of in particular the weed removal and insurance requirements. The agreement would require the food bank to use traditional fanning methods to fight weeds and other invasive species. The farm is an organic farrn so traditional weed removal methods would not be appropriate. The Community Food Bank will have to aggressive remove all weeds and other invasive species, but the Town recognizes it is an organic farm and appropriate methods that are consistent with an organic farm may be used to accomplish that. The agreement provides that the Town can take appropriate methods if it is not satisfied with the efforts that the Community Food Bank has made to remove the weeds. The Town will do it at the Community Food Bank's expense. In regard to the insurance requirement, the agreement called for a minimum one million dollar general liability. At the request of Council, Southwest Risk was contacted and they have incorporated their suggestions which included Workman's Compensation and automobile liability. Mr. Ellis contacted the Community Food Bank and was infon-ned that they do have in addition to the one million dollar general liability the five million dollar excess coverage. Upon motion by Council Member McGorray, seconded by Council Member Clanagan, Resolution No. 2007-96 was unanimously approved. K. BOARDS, COMMISSIONS AND COMMITTEES 1. Resolution No. 2007-97 Relating to Boards, Commissions and Committees; appointing Ed McCauley to the Town of Marana Public Safety Personnel Retirement Board (Jocelyn Bronson) Ms. Bronson addressed Council and stated Mr. McCauley is a resident of Marana and he currently sits on the Marana Public Safety Personnel Retirement Board. His terin will expire this month. Mr. McCauley has requested reappointed and his tenn would then expire in June, 2011. Upon motion by Council Member McGorray, seconded by Vice Mayor Kai, Resolution No. 2007-97 was unanimously approved. 12 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: June 5, 2007 2. Boards, Commissions and Committees: Procedure for appointments to the Citizens Advisory Commissions (Jocelyn Bronson) Ms. Bronson addressed Council and stated there currently exists a vacancy on the Board of Adjustment, a vacancy on the Business and Economic Development, Citizen Advisory Commission, two vacancies on Planning and Zoning and two positions on Planning and Zoning that will come up for reappointment this month. Pursuant to Council procedure which was adopted, these vacancies have been posted on the Town website. The posting ends June 13 1h at which time any applications received will be forwarded to the manager's review committee. The manager's review committee will determine if eligibility requirements have been met and forward a list of successful candidates to the Town Manager. The Town Manager will then make recommendations concerning the appointments to the Council. It will be brought back to Council for the June I 91h meeting. Council Member Ziegler asked who is on the manager's review committee. Ms. Bronson stated herself, the Town Managers, the Town attorney and department heads for any of the relevant boards, commissions and committees. Mr. Cassidy stated the way the ordinance reads is the manager appoints the committee. He does have the authority to designate people for that review committee. It essentially becomes the manager's recommendation to the Council. L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Mike Reuwsaat) Michael Racy addressed Council regarding what is happening at the State Legislature. Approximately a month ago, the State Senate adopted a budget. The House of Representatives had not yet adopted a budget. A couple weeks later the House was successful in adopting their budget. Since that time no progress has been made between the two chambers on the budget. There are a number of bills outstanding. The limitations on use and adoption of construction sales tax was defeated in the House of Representatives and subsequently defeated on reconsideration. The bill placing restrictions on various development incentive agreements is still pending in the State Senate and has not moved over six weeks. The sponsor of that bill has agreed if it moves forward our revisions will be included. It is not clear that bill is actually going to move at this point in the session. A month ago, the State Land reform proposal was still pending. At this point, it is still pending and it is less likely that provision will move forward this year. 13 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: June 5, 2007 M. EXECUTIVE SESSIONS. N. FUTURE AGENDA ITEMS Mr. Reuwsaat addressed Council and stated they could schedule a future study session to look at the annexation of Hartman Road and have staff prepare some preliminary cost estimates and what it would entail if we were to assume that from Pima County. 0. ADJOURNMENT Upon motion by Council Member McGorrary, seconded by Council Member Clanagan, Council voted unanimously to adjourn. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on June 5, 2007. 1 further certify that a quorum was present. Cferk?? ?Jelyn??C-. onson, Town Clerk ,%,%N or-!M Vz 0 70 S I ps- 14